Wicomico County, MD
Council Minutes
July 1, 2003

 

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, July 1, 2003 at 10:00 a.m., Government Office Building, Salisbury, Maryland.

In attendance were:  Anthony Sarbanes, President; Charles R. Dashiell; Edward T. Taylor; Stevie Prettyman; Gail M. Bartkovich; Marvin R. Long; and Larry W. Dodd.

 

President Sarbanes brought the meeting to order.  On motion of Mr. Dashiell, Council unanimously approved the Minutes of June 17,2003 as submitted.

 

Proclamation:  Mr. Long presented a Proclamation to Mr. Jim Berkman, representing the Salisbury University Lacrosse Team, recognizing their outstanding achievement as Division III National Champions. 

 

ADMINSTRATIVE DIRECTOR

 

Theodore E. Shea, II, submitted the following items of business:

 

Appointments:  The Health Planning Board has submitted a request to re-appoint Marion Keenan, Scott Wilson and Don Sullivan to another three-year term.  In addition, the Board is requesting that Mauricio Diaz be appointed for a three-year term, commencing July 1, 2003.   On motion of Mrs. Prettyman, Council unanimously approved the appointments as requested.

 

Request for Exemption: The State of Maryland has determined that Meadows Hydraulics, Inc. meets the requirements for a tax exemption on machinery and equipment used in its business.  The State has also chosen to grant this exemption retroactively.  The Company is now requesting that Wicomico County grant the same exemption.  Mr. Shea explained that it is not the practice of the County to grant exemptions retroactively.  On motion of Mr. Taylor, Council unanimously approved the Manufacturer’s Tax Exemption for 2003-2004, forward, based upon the company’s eligibility under State requirements.

 

Board of Education – Requests:  The Board is seeking Council’s approval to appropriate $523,000 to its current general fund.  The money represents unanticipated revenue received from the Delaware Department of Education in the form of tuition for Delaware students attending Delmar Middle and High Schools.  The funds would be utilized to help offset payments to the Board’s Healthcare Consortium Rate Stabilization Reserve account and an August 21, 2002 deficit settlement.   The Administrative Director had polled Council members last week regarding this revenue and now requests Council’s concurrence with that poll.  On motion of Mr. Taylor, Council gave its unanimous concurrence for its former agreement/approval for use of funds.

 

Security Issues – Airport:  Airport Commission members Edward J. Kremer, Robert L. Dickey and Matthew E. Creamer shared an update on the status of Transportation Security Administration’s decision to help fund costs associated with security at the Airport.  Recently, it was announced that TSA would no longer pay for security provided by local law enforcement, in this case, Sheriff’s Office Deputies.   Mr. Kremer stated that Congressman Wayne Gilchrest has been helpful in the process of applying to TSA for reconsideration of $200,000 funding and last week, advised unofficially, that the Airport’s request had been approved, although, the exact amount is not yet known. 

Mr. Kremer added that the Airport Commission is hopeful that $150,000 would be sufficient to cover June 2003 security expenses and current fiscal year’s expenses.

 

Mrs. Bartkovich referred to a letter from the Maryland Emergency Management Agency, requesting not more than five personnel to attend a regional planning meeting.  The Tri-County Council’s Water and Sewer Committee, chaired by Mrs. Bartkovich, has been involved in the coordination of this program.  Mrs. Bartkovich remarked that it is at Council’s discretion regarding the representation.  Mr. Shea plans to clarify whether MEMA is referring to five representatives from each County, or whether five in total are allowed to attend the meeting.  Mr. Shea suggested that there should be representation not only from each County, but from the Tri-County Council, as well.

 

                                                                                                                                   

MACo Summer Conference:  Mrs. Prettyman asked that Council adopt a formal policy for attendance of the MACo Summer Conference.   Mr. Sarbanes stated that while he would be staying in Ocean City, he will absorb the cost; Mrs. Bartkovich stated that she plans to stay at her summer residence there and would not participate in establishing a formal policy;  Mr. Dodd responded that after attending the winter conference, he is now appreciative of the value of staying, rather than commuting; Mr. Long also confirmed that he would stay in Ocean City and explained that too much valuable time is lost in commuting.  Mrs. Prettyman motioned to adopt a formal policy regarding the costs associated with the Conference, since tax dollars are involved.  There was no second to the motion, therefore, no action was taken.

 

FINANCIAL REPORT:

 

Patricia Petersen, Director, submitted the Statement of Latest Investment Rates/Balances for All County Funds, reflecting the following:  total general fund balance, $2,290,896;

Capital project fund, $24,229,085; total major non-designated funds, $41,407,375; total reserve funds, $4,806,627.

 

Payment of Billing:  In accordance with the County Code-Nuisance Abatement, Planning & Zoning authorized grass-cutting services for four locations, at a total cost of $520.   At Mrs. Petersen’s request and on motion of Mr. Long, Council unanimously approved $520 in payment for the service.

 

Referencing other matters, Mr. Dodd, referencing the previous action, remarked that he would like to see Code Enforcement put into place as soon as possible.

 

Transfer of Funds:  The Sheriff’s Office, during the previous fiscal year, had budgeted approximately $143,000 in COPS grant funds being received; however, $249,000 was actually appropriated during the fiscal year.  Sheriff Nelms requests that $106,551 of the unanticipated revenue be transferred to the Salaries Account.  On motion of Mrs. Prettyman, Council unanimously approved the request as submitted.

 

DEPARTMENT OF PUBLIC WORKS

 

Subdivision Plat Review:  Rai Sharma, Director, submitted the following items for Council’s review:

 

Subdivision:                  for Marshall                                          DPW No. 13-03

Location:                      Dagsboro Rd. & Esham Rd.

Applicant:                     Parker & Associates

Owner:                         Helen Morris & Thomas Herr              

Contract Purchaser:      Douglas & Cristal Marshall

 

Applicant proposes to subdivide an existing farm into two lots, one of which will front and have access on Dagsboro Road, while the second will front and have access on Esham Road.  Ten lots have been subdivided from the original parcel since 1982.  A sketch plat was reviewed by the Planning Commission in 1994, but did not include this portion of the property.  Since only one additional lot is being proposed, the Applicant requested a waiver from sketch plat requirements.  The Department recommends that this subdivision become Buck Ridge, Section 5 and any further subdivisions require a sketch plat.  No additional lots may have access to Dagsboro Road since this constitutes a third lot created on a major collector.  Public Works recommends approval of this subdivision by the Planning Commission, subject to the following conditions being met:  1)  the final plat shall comply with all subdivision and Forest Conservation regulations; the 50% set-aside shall be established by both plat and legal documents; and 3) Health Department approval is required.    Council concurred with all conditions and recommendation to the Planning Commission.

 

 

Mobile Home Park Permits: The Department continues its license renewal process, reporting that the Charles Boyer Trailer Park and Oak Terrace Trailer Court have complied with all renewal requirements.  Other parks continue to meet licensing requirements and upon compliance, would be brought before Council for approval.  On motion of Mr. Dashiell, Council unanimously approved license renewal for the two referenced trailer parks.

                                   

Petition to Close Beech Island Road:  The Nature Conservancy requests that a public road identified at Sturges Road in Worcester County and Beech Island Road in Wicomico County, be closed.  The Nature Conservancy plans to install a gate to prohibit vehicular access if both counties agree to the road closure, but foot traffic would be allowed.  It should be noted that Wicomico County’s Public Works Department has a bridge replacement scheduled on Beech Island Road later this summer.   Mr. Sharma is recommending that the bridge replacement be delayed until closure by both counties has been approved.  In addition, the Nature Conservancy understands that such action requires public hearings and would absorb the associated costs.  While the discussion is for information purposes only, Mr. Sarbanes announced he would abstain from any future official vote by the County Council, citing a possible conflict of interest because of the legal firms involved in the transaction.

 

Yard Waste Disposal:  Mr. Sharma wished to reiterate that the new disposal fee for yard waste applies to commercial businesses only; not individuals.

 

Temporary Road Closure:  The Department has received a request from the City of Salisbury to close a portion of Pemberton Drive to allow the installation of water, sewer and stormwater drainage lines, from Parsons Road to the Turtle Creek subdivision.

This will require affected residents to use alternate routes involving U. S. Rt. 349 and/or  the road through White Cove to access the Strawberry Village development.  Mr. Sharma remarked that, weather permitting, the project would be completed prior to the sixty-day period requested.

 

Special Hours of Operation:  The Upper Ferry shall close at 3:00 p.m. on July 4, 2003, to ensure safety for boat traffic during the day’s festivities.

 

ADMINISTRATIVE DIRECTOR

 

Agenda Changes: Mr. Shea advised that Sheriff Nelms has withdrawn today’s agenda item until the July 15th  Council meeting.  Likewise, the TDR Committee report will be given on July 15th.

 

Notification of Fireworks Display:  Council is advised that a fireworks display will be held at Perdue Stadium on Independence Day.  This display is in addition to normally scheduled displays.

 

COUNCIL:  Mrs. Prettyman then announced that without a formal policy for MACo attendance, she would pay her own expenses.

 

COUNTY ATTORNEY:

Edgar A. Baker, Jr., conducted the following public hearings.

 

In compliance with Section 22-2(G) and Chapter 200, Section 200-13(g) of the County Code, that the County Council of Wicomico County, Maryland will hear public comments on the resolution whereby the County Council proposes to consider the request of Frank and Joanne Inscoe for the modification of the existing open space boundaries as shown on the recorded plat of Adventure Farms, Section No. 1 and subject to a Declaration and Open Space Easement to Wicomico County, Maryland.  The proposed modification has been reviewed and approved by the Wicomico County Planning Commission.  The Wicomico County Council invites all interested parties to express their views and opinions concerning the matter.

 

 

There were no public comments, nor were there any Council comments.  On motion of Mr. Long, Council unanimously approved the requested modification

 

In accordance with Article Vii, Section 702 (F) of the Charter of Wicomico County, a public hearing will be held on proposed amendments to the capital budget and program of the county for the period July 1, 2003 through June 30,2008.  The County proposes to amend the capital budget to include the acquisition of a financial management system for the Department of Finance, at a cost of $500,000 for FY 2004; Board of Education property acquisition/renovation at a cost of $685,000; amend the wastewater treatment plant at Mardela Middle/High to $375,000; and to modify the Water & Sewer Study – East Corridor in clued services to update the County Water and Sewer Master Plan at an addition cost of $25,000. 

 

Any taxpayer of the County or his/her representative, the Administrative Director, and the head of any department or agency of the County shall be entitled to be heard at said public hearing.

 

There were no public comments.   Council comments consisted of an inquiry by Mrs. Prettyman as to how much of the cost of the proposed amendments will affect this fiscal year.  Mr. Baker replied the total will increase by $1.585 million, however, it is Council’s decision whether to actually borrow funds this year to fund the projects.    On motion of Mr. Long, Council unanimously approved the proposed amendments to the capital budget and program, as described above.

 

On motion of Mrs. Bartkovich, Council unanimously approved adjournment of Executive Session, to enter Legislative Session.  Action taken during Legislative Session is recorded in separate Legislative Minutes.

 

Executive Session was reconvened.

 

PUBLIC COMMENTS:  Mr. Dunahoo asked to confirm the effective date of Legislative Bill No. 2003-12 –Recordation Tax. Mr. Baker replied that the bill would go into effect

September 1, 2003.

 

COUNCIL COMMENTS:  NONE

 

The County Attorney announced closed session, in accordance with Section 10-508a of the Annotated Code of Maryland.

 

On motion of Mrs. Prettyman, Council unanimously approved to adjourn Executive Session.

                                                            ______________________________________

                                                            Anthony Sarbanes, President

                                                            ______________________________________

                                                            Charles R. Dashiell, Jr., Vice President

                                                            ______________________________________

                                                            Edward T. Taylor, District 1

                                                            ______________________________________

                                                            Stevie Prettyman, District 2

                                                            ______________________________________

                                                            Gail M. Bartkovich, District 3

                                                            ______________________________________

                                                            Marvin R. Long, District 4

                                                            ______________________________________

                                                            Larry W. Dodd, District 5

 

_______________________________

Theodore E. Shea, II

Administrative Director