Wicomico County, MD
Council Minutes
July 19, 2005
The Wicomico County Council met in Executive Session on Tuesday, July 19, 2005 at 10:00 a.m., Council Chambers, Government
Office Building,
Salisbury, Maryland. In attendance were Anthony Sarbanes,
President, Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Stevie
Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.
MINUTES
On motion by Mr. Dashiell, seconded by Mr. Long and
unanimously carried, Council adopted the Minutes of June 21, 2005 as corrected.
On motion made by Mr. Dashiell, seconded by Mr. Taylor and
unanimously carried, Council adopted the Minutes of July 5, 2005 as corrected.
ADMINISTRATIVE DIRECTOR’S REPORT
Theodore E. Shea, Administrative Director, presented the
following items of business.
Linda Hardman,
Director, Wicomico Partnership for Families and Children -
Local Management
Board
Rural Maryland
Council: Strengthening the Well-being of Rural Maryland
Families
Ms. Hardman requested Council approval to submit a grant
application to Rural Maryland in the amount of $20,000 to support training for
family advocates of children with intensive mental
health needs. The Stable and Economically Independent Families Committee gave
its approval to build a family support network in partnership with the Maryland
Coalition of Families. Mrs. Prettyman
motioned for approval. The motion was
seconded by Mr. Dodd and unanimously carried.
Board of Education for Wicomico County– E. Bruce
Ford, Comptroller
Budget Transfers
The Board of Education gave its approval to make year-end transfers
of funds between major categories of its approved Annual Budget for fiscal year
2004-2005 for the month of June, in the amount of $57,340, contingent upon
Council approval. On motion made by Mrs. Prettyman, seconded by Mrs. Bartkovich
and unanimously carried, Council approved the request.
The Board also transferred funds within the major categories
of its Annual Budget for fiscal year 2004-2005 for the month of June, in the
amount of $166,530. Council action is not required to make transfers within
categories.
Mr. Ford told Council any additional budgetary transfers for
the last fiscal year would be at the discretion of the auditors.
Glasgow
Farm
Mr. Shea reported the Fruitland City Council voted
unanimously to accept for First Reading, a Petition for Annexation for a
portion of the Glasgow Farm. A public
hearing on the annexation request is scheduled for September 6, 2005 and, as part of the process, Wicomico
County will receive official notice
of the petition together with an invitation to comment. Mr. Shea told Council this negates the need
to establish an Urban Services District for the Glasgow Farm.
Indigent Burials
On motion made by Mrs. Prettyman, seconded by Mr. Dashiell
and unanimously carried, Council appropriated a $400 (each) Contingency
transfer to defray costs associated with the indigent burials of the late Keith
Samuel Thomas, payable to Jolley Memorial Chapel and the late Joseph Westly
Sykes, Jr., payable to Bennie Smith Funeral Home.
Government
Office Building
Elevator Bid
The County’s Purchasing Agent Frederick Harris reported that
bids were let for the modernization of the sole elevator in the Government
Office Building. With only one return, Delaware Elevator
offered to modernize the elevator in two phases; installation of parts and,
over a period of time when needed, return to replace the cylinder. The work
would include one-year parts and labor guarantee and a mandatory one-hour
response time. The mechanical purchase is priced at $63,000 and the cylinder
replacement would increase costs by another $32,000, total $95,000. Mr. Harris negotiated a combined service cost
and reduced the offer to $91,000. He
advised that installation would require a 5-7 seven week down-time for the
elevator. Because there is only one elevator Mr. Harris told Council he seeks
direction for the approval, best time to do the work and a means by which the
public can be served by those on the top floor.
He suggested employees might have to walk down to the first floor to
conduct business, particularly for handicapped individuals. Discussion ensued regarding costs with
suggestions to use the remaining funds from the Council Chamber renovation
project, use a portion of the money set aside for improvements to the building
together with shared costs from the co-tenants, the City of Salisbury.
Following discussion, Mr. Taylor motioned to accept the combined service offer
in the amount of $91,000. Mr. Dodd seconded the motion and it was unanimously
carried. Council agreed that Mr. Shea
and the Executive Officer for the City of Salisbury
should meet to work out the particulars of costs and, the most suitable time to
perform the modernization. Mr. Taylor suggested and the Council agreed to
conduct Council Meetings in and around the different communities of Wicomico
County while the renovations are
taking place.
Child Advocacy
Center
Mr. Davis Ruark, State’s Attorney and Wayne Lowe, Victim’s
Witness Coordinator, came before Council to announce the elimination of an
Executive Director for the Child Advocacy
Center and that the
responsibilities have been divided between Steve Matthews, Sheriff’s Office and
Donna Steinakeer. A proposal to
reclassify Ms. Steinakeer received approval of the Human Resources Director
and, in order to fully compensate her, a grant award has been offered from
Wicomico County Partnership for Families and Children, Local Management Board,
in the amount of $10,000. Mr. Davis
requested authorization to accept the grant.
Mr. Dashiell offered a motion. The motion was seconded by Mr. Taylor and
unanimously carried.
Nanticoke
Watershed Alliance
The Nanticoke Watershed Alliance requests a joint meeting
with the County Council, Salisbury City Council and the Planning Commission.
Mr. Shea shared that the City of Salisbury
wishes to meet during one of its regular work sessions to avoid advertising
costs. He also shared that if more than
four members of the County Council attend it would constitute a quorum of the
County and would also require advertising. Mr. Taylor made a motion that the individual
governments conduct their own work sessions. Mr. Dodd seconded the motion and
it was unanimously carried.
Emergency Services
Mr. Shea recalled that historically the Emergency Services
Uninterruptible Power Source (UPS) maintenance agreement is automatically
renewed on an annual basis. This year however the vendor wishes to offer the
County a three-year agreement at a reduced rate for the second and third year -
total savings $1015 for the three-years.
On motion made by Mr. Long, seconded by Mr. Taylor and unanimously
carried, Council accepted the three-year contract.
DEPARTMENT OF FINANCE
Statement
of Latest Investment Rates/Balances for all County Funds
Patricia Petersen, Director, submitted the Financial Report.
Total General Fund balance as of July
19, 2005, $259,851. Capital Project Fund balance, $34,149,637;
Total Major Non-designated Funds, $54,967,359; and Total Reserve Funds of
$8,945,984.
Grants Developer
Mrs. Petersen advised that John Przylepa has accepted the
contractual Grants Developer position, beginning July 25, 2005.
Grass Cutting Contractors
Mrs. Petersen requested payment in the amount of $255 to
Dunn’s Tractor for grass cutting service at 8451
Memory Gardens Lane, Hebron, Maryland. She also requested Council approve payment to
J& J Lawn Care in the amount of $325 for service rendered at 20519
Nanticoke Road, Salisbury, Maryland. On motion made by Mr. Long, seconded by Mrs.
Bartkovich and unanimously carried, Council approved the payments as
requested.
Proposed Change in Investment Regulations
Legislation is being drafted to allow the State and local
governments to invest more of their funds in commercial paper. The current law
allows no more than 5% of an investment portfolio in commercial paper and
effectively prohibits the investment in money market funds that have commercial
paper and other top rated investments in them.
Notice is hereby given to local governments along with a solicitation
for comment. Council members agreed they needed more information to consider
the proposal. Mrs. Petersen offered to contact the State, forward the
information to Council members then solicit their responses by phone, fax and
email.
Budget Adjustment FY 2006
By
correspondence to Council Mrs. Petersen reported an overstatement of personal
property revenue that would result in a revenue shortfall. Following an analysis Mrs. Petersen advised
that as of this date, there is an estimated additional $697,000 in the carry forward. Although carry forward changes on a daily
basis as expenditures and revenues attributable to FY2005 are recorded
throughout August, the additional amount should more than cover the estimated
$362,000 shortfall in personal property taxes in FY2006.
Highlights of Significant Financial Transactions
Mr.
Ellis reviewed the referenced report citing year-to-date figures for collected
and uncollected taxes, investment interest, recordation tax revenue and
enterprise account revenues through June
30, 2005.
PUBLIC WORKS – P. RAI
SHARMA, DIRECTOR
Barren Creek Road
Mr. Sharma reported the work on Barren
Creek Road is complete, the project was within
estimated costs and signs were posted for speed (30 mph) and no trucks over two
axles. For information purposes Mr.
Sharma told Council the re-design of this area is included in the County’s
Master Plan.
OFFICE OF THE SHERIFF
– MAJOR DORIS SCHRONBRUNNER
Crossing Guard Salary
The Sheriff’s Office requests consideration to increase the
hourly salary of School Crossing Guards from $8 to $10 per hour. The increase is noted to be important to the
recruitment and retention of competent guards and is within the budget of the
department. On motion made by Mr. Dodd, seconded by Mrs. Prettyman and
unanimously carried, Council approved the request.
DEPARTMENT OF FINANCE
Tax Incremental Financing (TIF)
Recalling continuous negotiations for tax incremental
financing, Mrs. Petersen requested Council’s approval to establish a new taxing
district, when needed, which would create the 17th taxing district
in Wicomico County. On motion made by Mr. Dashiell, seconded by
Mr. Taylor and unanimously carried, Council granted approval to establish a new
taxing district when applicable.
PUBLIC WORKS – P. RAI
SHARMA, DIRECTOR
Forest Grove Road
Mr. Sharma presented a background for the subject of the Forest
Grove Road. He recalled that the Council of 2000
appropriated $100,000 in the Bond Account to begin the process of acquiring
rights-of-way to realign the road.
Currently it is a winding road, which goes through the edge of the
cemetery and ends in front of the Church. One of the primary concerns is that
tractor and trailer trucks hit the headstones in the adjacent graveyard;
subsequently, reflectors were placed.
Using a plat, Mr. Sharma described the road in its current stage and
where the road would be straightened onto Old Ocean
City Road.
The three involved property owners are Brittingham, Sneads and the Jerusalem
Church. The acquisition procedure
is to hire an appraiser and make offers to the property owners for
purchase. Mr. Sneads questioned whether
he could get two lots from his property once the road was realigned; he has an
approximate two acre lot. Mr. Sharma
responded the decision would be determined by the Health Department and is
contingent upon whether the land would perk.
Application was made for the perk test and a response from the Health
Department indicates another acre is needed for the second lot. Therefore, no rights-of-way have been
acquired at this time. The Sneads’ house
as part of the appraisal would have to be moved. Major Charles Keen, a twelve-year Old Ocean
City Road property owner addressed the Council. Mr. Keen told Council the
realignment would direct traffic directly toward his house. Putting up a guardrail as suggested would
decrease the value of his property. He
believes the road could be moved twenty feet to the left and it would come in
between a lot and his neighbor’s house. If the road is realigned as designed,
he does not wish to remain at his residence.
First, Mr. Dodd wished to thank Major Keen for his service to our
country. He corresponded with Major Keen
via e-mail and visited the site. He reiterated the safety factor and that the
property value would decrease with a guardrail.
Mr. Dodd requested Council consideration to alternate designs. Mrs. Bartkovich
felt the realignment would not bring about any significant accomplishment and
suggested consideration to leaving the road in its current state. Mr. Taylor
concurred. Mr. Dodd asked if a “no
through trucks” sign could be posted because trucks have a way to get to Old
Ocean City Road by turning onto Walston Switch or
Zion Roads from Route 50. Mr. Sharma
stated he would have to have a legal opinion on whether or not the sign could
be posted. Mr. Dashiell wanted to know
if a guardrail could be put around the cemetery. Mr. Sharma responded there is not enough
room. Mrs. Bartkovich added that her concern is with speed and traffic on Rt.
346. Following discussion, Council consensus is to keep the road in its current
state and will look into using the bonded money for some other Road
projects.
LEGISLATIVE SESSION
On motion made by Mr. Long, seconded by Mrs. Bartkovich and
unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately
maintained from Executive Session and are public information.
Approval of Minutes
The Minutes of June
21, 2005 were approved on motion made by Mr. Long, seconded by Mr.
Dashiell and unanimously carried.
Bills
Council took the following action on Bills introduced at its
June 21, 2005 Legislative
Session.
Bill No. 2005- 6:
Hazardous Materials Law. Approved.
Bill No. 2005- 7: Taxation.
Approved.
Bill No. 2005- 8: Nuisances. Approved.
Bill No. 2005- 9: Housing Standards. Withdrawn.
Bill No. 2005-10: Garbage, Rubbish and Refuse. Approved.
INTRODUCTION OF BILLS:
Mr. Baker submitted the
following Bill for Introduction.
Bill No. 2005-1, AN ACT
to authorize and empower the County Council of Wicomico County, Maryland to
borrow on the faith and credit of Wicomico
County, Maryland an aggregate amount not exceeding Ten Million Eight Hundred
Seventeen Thousand Four Hundred Fifty-Four Dollars ($10,817,454) and to
evidence such borrowing by the issue and sale from time to time of one or more
series of general obligation bonds of the County, the proceeds thereof to be
used by the County Council of Wicomico County to finance, refinance or
reimburse all or a portion of the costs of projects for the several County
Departments involved in capital improvements, including Wor-Wic Community
College, Library, Public Works Department, Recreation, Parks and Tourism
Department and by the Board of Education of Wicomico County for the planning,
design, acquisition, construction, improvement, installation, renovation,
rehabilitation, repairing, furnishing and equipping of facilities, buildings
and structures, together with other costs and financing costs related thereto;
authorizing the County Council to pass one or more resolutions prior to issuing
all or any part of the bonds in order to fix, prescribe and determine the
details of the bonds and the issuance and sale thereof; authorizing the
issuance from time to time of one or more series of general obligation
refunding bonds in an aggregate principal amount not to exceed Ten Million
Eight Hundred Seventeen Thousand Four Hundred Fifty-Four Dollars ($10,817,454)
in order to refund or advance refund any of the bonds authorized hereby;
providing that the bonds shall be general obligations of the County to which
the faith and credit of the County are pledged and authorizing annual
appropriations to pay the principal of and interest on said bonds and the
levying of taxes to meet said appropriations, subject to any lawful limitations
on the County’s taxing power set forth in the Charter, as that taxing power may
relate to the bonds; exempting the bonds
from the provisions of Sections 10 and 11 of Article 31 of the Annotated Code
of Maryland; authorizing the issuance from time to time of one or more series
of general obligation bond anticipation notes in an aggregate principal amount
not to exceed Ten Million Eight Hundred Seventeen Thousand Four Hundred
Fifty-Four Dollars ($10,817,454) prior to and in anticipation of the sale of
the bonds authorized hereby; providing for the disbursement of the proceeds of
the bonds or bond anticipation notes; providing that the provisions of this Act
shall be separable; and generally relating to the issuance and sale of such
bonds or bond anticipation notes.
On motion made by Mrs. Prettyman, seconded by Mr. Dashiell
and unanimously carried, Council introduction of said Bill was unanimously
approved.
With Legislative Session concluded and on motion made by Mr.
Dodd, seconded by Mr. Long and unanimously carried, Council adjourned
Legislative Session and reconvened as the Wicomico County Urban Services
Commission. Minutes of the meeting are attached and made part of this record.
With business conducted as the Urban Services Commission, on motion made by Mr.
Dodd, seconded by Mrs. Prettyman and unanimously carried, the Commission
adjourned and reconvened as the County Council.
EDGAR A. BAKER, JR., COUNTY ATTORNEY
Gary W. Mackes,
Director of Recreation, Parks, Tourism and Civic Center
The Village at Salisbury
Lake TIF (Tax
Incremental Finance) Contribution and Land Use Agreement
Mr. Baker announced the TIF Agreement had not been reviewed
by the County’s Bond Counsel and is therefore not ready to be presented to
Council. He believes the document will
be ready for presentation at the August 2nd meeting. While there is little work to be concluded in
the Agreement, he called attention to Section 5. - Agreement Regarding Parking
Lot, Paragraph E, which highlights the method of payment for the land and as
the County instructed, payment to be made only through excess revenue generated
by the TIF Fund attributable to the County and paid over the life of the bonds.
Other pending work includes a firm agreement to the specifications of the lot,
specifically the asphalt, and a greenway from this property to the trails in
the Salisbury City
Park over the parcel of land that
the County owns and the hotel option period. Wayne Strausburg, Tourism Advisory
Board members and Ed Urban, Recreation and Parks Commission, suggested to
Council that the development of a hotel at this time is not feasible and, the
Board is concerned that if the hotel is cast out in time, the County may well
give up a very valuable option. It is understood the sunset on the option is
October 1st. Mr. Strausburg stated the Tourism Board voted unanimously
to request the Council consider amending the Memorandum of Understanding to
delay the sunset on the purchase option to two years after the bond issue, to
give the County and the marketplace time for the site to mature. David Ryan,
Director of Economic Development agrees the project is proceeding in the right
direction. Mr. Dodd asked if the parking
lot would be shared with the development.
Mr. Baker responded that it would not and, no agreement exists with Wicomico
County to allow their use. Mr. Dodd asked that this be reviewed. Mrs. Prettyman asked that Mr. Mackes develop
a letter addressing these concerns for Council’s review to better determine
what needs to be incorporated in the Memorandum of Understanding.
FRANK MCKENZIE,
OFFICE OF PLANNING, ZONING AND ECONOMIC DEVELOPMENT
Councilmanic/ District Maps
At the request of Councilwoman Bartkovich, Mr. McKenzie is
developing Councilmanic/Election District maps for the County’s website. Mr. McKenzie told Council there is a software
program available to transfer the County's information at a cost of $50 per
map, however, Council chose to instruct Mr. McKenzie to create general mapping
at no additional cost. Mr. Dodd reminded
the group that a website exists whereby citizens can find out who all their elected
officials are and suggested having a link to that site. Mr. McKenzie also
advised Council there will be precinct changes in the very near future which
could be incorporated on the maps at a later time. At Mrs. Prettyman’s
suggestion, Council will ask the Elections Director to discuss this during a
September meeting. Mrs. Prettyman
commented that she understands there is an effort to move the Primary Election
back to the month of June, which would affect the County’s budget.
GARY W. MACKES, DIRECTOR,
RECREATION, PARKS, TOURISM AND CIVIC CENTER
Wicomico
Heritage Center
Messrs. George White and Russell Dashiell joined Mr. Mackes
to request the County’s consideration to purchase the Heritage
Center at Pemberton
Park from the Wicomico Historical
Society. The Recreation Commission
wishes to utilize the building to support the County’s environmental/heritage
education programs, special events and exhibits. The operation and maintenance
will be the responsibility of the Pemberton Historical Park Board and
incorporated within the park’s enterprise budget. The Historical Society has set the purchase
price of $195,000. The Society plans to
donate $45,000 from the sale to be used for future restorations. Funding to acquire the building will come
from State Program Open Space. On motion
made by Mr. Long, seconded by Mr. Dashiell and duly carried, with President
Sarbanes abstaining, Council voted to move forward to a Public Hearing for the
consideration of sale.
Civic Center Metal Roof
Mr. Mackes advised that bids were
let for the metal roof at the Civic Center,
to be funded from the recent capital improvement bond issue. Fifty-thousand
dollars was budgeted to undertake the project. The Stafford Consulting Engineer
group was retained to develop the project’s specifications at a cost of $4,000,
leaving the project balance $46,000.
Four bids ranging from $78,622 to $124,010 were received and the lowest
bid meets specifications. Mr. Mackes requests a supplemental appropriation in
the amount of $32,622 to off-set costs. Mr. Sarbanes suggested using monies set
aside for County projects. Ms. Petersen
added that the Contingency Fund could also be used for this undertaking. Referring to a $69,000 balance from monies
earmarked for the Civic Center
parking lot project, Mrs. Bartkovich asked if this money could be used, to
which Mr. Mackes responded leaking oil tanks have to be removed from under the
parking lot and tanks replaced. The work has been bid however the money has not
been encumbered to date, but the project will take most of it. Mrs. Prettyman
asked if it was wise to take money from the County’s capital projects since the
Civic Center
is an Enterprise or, should it come
from Contingency. Mr. Shea reminded
Council that a project can only be increased by 25% if the money is available
to take from the bond contingency.
Following discussion, Mr. Dashiell made a motion to take whatever is
available out of the bond contingency for that particular year up to the
allowable 25% and the balance from the County’s Capital Reserve.
Recreation Commission
Mr. Mackes announced the term of Mike Mercer, who served as
Chair of the Recreation Commission has expired. He expressed appreciation to
Mr. Mercer for his dedication to the citizens of Wicomico
County. Further, that Ed Urban would assume the
position as Chair. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and
unanimously carried, Council voted to send a letter of appreciation to Mr.
Mercer.
Indigent Burial
On motion made by Mr. Long, seconded by Mrs. Bartkovich and
unanimously carried, Council appropriated a $400 Contingency transfer to defray
costs for the indigent burial of the late Layton H. Williams, payable to Bennie
Smith Funeral Home.
PUBLIC COMMENTS
Mr. Harold Curry, who lives on Arthur
Street, came before Council concerning the
lighting district established in the Westover Hills and Westwood District,
which he lives in. Referencing the petition of an earlier Council to establish
the district, Mr. Curry recalled his opposition. He opposes the tax bill for
his two properties (Arthur Street
and the adjoining lot he purchased for security reasons) because his house is
not located within the lighting district but faces on a street that is within
the district. In addition, Mr. Curry
asked for clarification as to the legality of placing a light bill on a tax
assessment bill and, questioned the jeopardy of his property if the bill is not
paid. The County Attorney
stated while he is not familiar with the situation, if the bill is not paid it
becomes a lien on the property. Mr.
Sharma told Council procedures of the Urban Services law were followed to
establish the district. A map was
created and displayed during the public hearing process which showed Mr.
Curry’s properties as part of the proposed district. While Mr. Curry was not in
attendance at the public hearing, the majority of those present were in favor
of establishing the district and it was approved by the Urban Services
Commission. Using the original map for
the (proposed) district, Mr. Sharma stated Mr. Curry’s properties are a part of
the district, he receives the benefit of the light from the district and this
is the reason for the bill. Following the discussion, President Sarbanes stated
while he is not optimistic that the County
Attorney would discover any
discrepancies in the process, Council requested Mr. Baker investigate and on
his findings Council will invite Mr. Curry back.
Mr. Robert Nickerson, Cedar Drive
resident, expressed his pleasure for the property upkeep standards initiated by
the County Council. Toward that end, he referred to a strip of land from Mt.
Hermon Road to Glen
Avenue, which separates Cedar
Drive from Carey Avenue. Mr. Nickerson said for years the County
maintained the strip however no one is currently maintaining the lot. He has
met with Planning Staff in an attempt to determine ownership and responsibility
of the property. County
Attorney Edgar Baker stated the
strip is an old platted street the County never took into the County Roads
system. At the suggestion of Mrs. Prettyman, Mr. Lenox agreed the County could
cleanup the strip as an immediate solution however there is no property to
lien. Mr. Sharma stated he would not advise Council to take the strip into the
County’s system because the road is not built to County standards. Mr. Shea
questioned whether the strip could be closed and deeded to the adjoining
property owner. Mr. Baker replied the suggestion could be a consideration.
Council then authorized the Planning Staff to take immediate action to cleanup
the property and instructed the County
Attorney to continue his research
for ownership. Mr. Dodd called attention
to the other homes near the property and, the need to have correct address
information in the event of an emergency.
Mr. Fred Geiger came before Council
to again ask Council’s assurance that he would be provided protection by local
law enforcement agencies. President Sarbanes suggested that Mr. Geiger contact
the State’s Attorney’s Office or the Maryland State Police. Mr. Geiger had
expressed an earlier concern for protection from the Sheriff’s Department.
COUNCIL COMMENTS
There were no
additional Council comments.
Mr. Dodd
motioned, by authority of Section 10-508a of the State Government Articles of
the Annotated Code of Maryland that Council enter into closed session. The
motion was seconded by Mrs. Bartkovich and unanimously carried.
There being no further business to come before the County
Council the meeting was adjourned. ________________________________
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
Executive Session July
19, 2005