Wicomico County, MD
 Council Minutes
 August 16, 2005

 

The Wicomico County Council met in Executive Session on Tuesday, August 16, 2005 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance were Anthony Sarbanes, President, Charles R. Dashiell, Jr., Vice President; Edward T. Taylor, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.  Stevie Prettyman was absent.  Note:  all unanimous votes recorded herein represent 6 votes.

 

MINUTES

On motion by Mr. Taylor, seconded by Mr. Long and unanimously carried, the Minutes of August 2, 2005 were approved as amended.

 

ADMINISTRATIVE DIRECTOR’S REPORT

Theodore E. Shea, II, Administrative Director, presented the following items of business.

 

Proposed Horse ParkHebron, Maryland

Gary W. Mackes, Director, Recreation, Parks, Civic Center and Tourism and Kathleen McLain, Tourism Board, came before Council to provide an update on the proposed Horse Park in Wicomico County.  Ms. McLain thanked Council members for participating in the site visit with representatives of the State.  She advised the date of formal presentation to the Maryland Stadium Authority is August 25th and, prior to that date she hopes to have the support of the Hebron Town Commissioners and their community.  Ms. McLain offered two available websites for those wishing to share comments prior to August 25th, www.marylandhorsepark.com or www.marylandhorseindusry.org.  The project has received a commitment from the Tourism Board to dedicate one-percent of the entire room tax collected and any incremental revenues received.  The Board wishes to have verbal support and any financial commitment possible from the County Council. Mr. Mackes explained that there is competition for the project, that it’s consistent with long and short term goals of the Tourism Board regarding sports marketing and, that it is understood that a firm commitment can not be made until the State provides an economic feasibility study. Mr. Mackes requested Council’s approval to incorporate language in the proposal that would dedicate a portion of the room tax.  Mr. Mackes said the facility, modeled after the horse park in Lexington, Kentucky would create jobs and a demand for goods and services; not only for construction but also operation and maintenance; along with the probability to develop hotels and other amenities surrounding the park.  Mrs. Bartkovich asked if legislation is necessary to dedicate the room tax. Edgar Baker, County Attorney responded that the procedure becomes part of the budget not legislative process.  Mr. Dodd stated he supports any economic development project that brings jobs to Wicomico County; then asked whether there was discussion on gambling or slots.

 Ms. McLain answered that to her knowledge there had not been, she believes the issues are separate and, the horse park is a stand alone project endorsed by the State of Maryland.  Mr. Taylor motioned to support the request. Mr. Dashiell seconded the motion and it was unanimously carried.  Mrs. Bartkovich stated that while she supports moving forward, dependent upon the financial commitment from the County if selected she wishes to have the option to change her mind.  The Council unanimously agreed to forward a letter of support to be incorporated in the formal presentation package to the Maryland Stadium Authority.   President Sarbanes recognized those persons in the audience who were in attendance to support the project.

 

Medicare Part D

Bolton Partners Inc. has notified the County that Medicare Part D, which relates to the inclusion of a prescription drug benefit for Medicare recipients, contains a federal government regulation to provide subsidy to organizations offering a prescription drug benefit to retirees; both Wicomico County and the City of Salisbury provide this benefit and, through an application process can apply for a refund. Bolton Partners, Inc. has offered to prepare the application on the County’s behalf for about $5500, with a potential reimbursement of approximately $48,000 for a full-year.  The first year is a short year; January l through August 31st. The County would receive approximately $24,000.  Mr. Shea recommended accepting the proposal, funded by remaining Salary Account monies from the early departure of the Human Resources Director.  Mr. Dashiell made a motion to accept, which was seconded by Mr. Taylor and unanimously carried.  Mrs. Bartkovich asked if this would become an annual cost, to which Mr. Shea responded that after the first year the County should be able to do the work in-house.  

 

Enterprise Zone Benefits

Mr. Shea reported the City of Salisbury approved Enterprise Zone eligibility designation for S & W Auto Body Shop (3) locations and Delmarva Power Sports, LLC.  Companies must meet renovation and employee requirements and in turn receive property and income tax benefits.  Mr. Dodd motioned for approval. Mrs. Bartkovich seconded the motion and it was unanimously carried.

 

Board of Education Budget Transfers

Present were Charles Bounds, Assistant Superintendent for Administrative Services and E. Bruce Ford, Comptroller.

 

The Board of Education gave its approval to make year-end (June 30) transfers in the amount of $38,740.  While the transfers do not require Council approval, Council is advised for information purposes.

 

The Board also gave approval to transfer funds between the major categories of its Annual Budget for fiscal year 2005-2006 for the month of August, in the amount of $66,200.  Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council approved the transfers. Mr. Bounds stated these funds were set aside to be used toward the purchase of the former Social Security Building, which the Board was not able to acquire.  The Board wishes to put the money in Capital outlay, do a feasibility study on a facility located at the Prince Street School and use the funds toward renovation of that site to house the Adult Education Program.

 

One-day Alcohol License

Council has received an application for a one-day alcohol license from the Rotary Club of Salisbury, August 25, 2005 at WinterPlace Park.  Upon motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council granted approval.

Salisbury-Ocean City: Wicomico Regional Airport

Robert Bryant, Airport Manager informed Council that the Airport Commission requests approval to submit a grant application to the Federal Aviation Administration (FAA) in the amount of $5,964,000 for various projects eligible for 95% federal funding under the FAA Improvement Program.  He called attention to the portion of the grant earmarked for Runway 5-23: Obstruction, Removal, Design phase and that this project may be deferred to the next year.  The Commission requests approval of the grant application in the full amount recognizing the amount could decrease if the project is withdrawn.  On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council granted approval. 

 

Airport Auction Proceeds

Having conferred with the Director of Finance Mr. Bryant withdrew the item from the agenda.

 

Wicomico County Housing Authority

Chris Mills, Board Chair, requests the re-appointment of Robert Farrell to the Board of Commissioners. Upon motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council reappointed Mr. Farrell as recommended.

 

Wor-Wic Community College

At its last meeting Council provided a name for recommendation to Wor- Wic’s Advisory Board however Wor-Wic needed two recommendations.  President Sarbanes recalled other names considered were Michael Reath and Joe Ollinger.  He suggested asking Mr. Reath to serve and if he is not available asking Mr. Ollinger.  Mr. Long made a motion to accept the President’s suggestion. The motion was seconded by Mr. Dashiell and unanimously carried.

 

Indigent Burial

On motion made by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, Council appropriated $400 from Contingency to defray costs associated with the indigent burial of the late Charles Lee Cowart, Jr., payable to Jolley Memorial Chapel.

 

Medicom

For information purposes, Mr. Shea announced that Medicom is making rate changes within their service area of the County.

 

Board of License Commissioners

The telephone system belonging to the Board was discovered to be inoperable and in need of replacement, total cost $1528.13.  Mr. Shea advised that he authorized the expenditure under emergency provisions and requests Council approval.  On motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council approved the expenditure.  The expenditure is expected to be recovered from income in the License Board account however this is the beginning of the fiscal year and funds are not available. If funds are not available by the end of the fiscal year, Mr. Shea will request a Contingency Transfer.

Community Development Block Grant

Mr. Sarbanes announced that Wicomico County has received $375,000 to assist the County with the continuation of its housing rehabilitation program, the conduct of a housing study and support for the Coastal Housing Resources Board.

 

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 August 16, 2005, $114,789. Capital Project Fund balance, $41,254,693; Total Major Non-designated Funds, $62,656,141; and Total Reserve Funds of $8,952,137.  Used $2,000 from Contingency plus $400 this date.

 

William H. Amoss Fire, Rescue, and Ambulance Fund

For information purposes, the official result of the State audit has been received and no material non-compliances were reported.  A copy of the report has been forwarded to the volunteer companies in Wicomico County.

 

Permits to Operate

Ms. Petersen requested approval of two campground applications, Sandy Hill Family Campground, Inc. and Woodlawn Campground.  Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved.

 

Proposed Legislation:  Mrs. Petersen recalled at its meeting of August 2, 2005 Council received notification from the State of Maryland of its intent to propose legislation that would allow for the increase of the percentage of investments of State and County funds in commercial paper from 5% up to 20%. Mrs. Petersen stated Council’s motion was not reflective of the intended action and requested correction.  On motion made by Mrs. Bartkovich, seconded by Mr. Dashiell and unanimously carried, Council voted not to support the State legislation regarding investment in commercial paper.

 

Grant Certification-Sharptown Volunteer Fire Department

The Sharptown Volunteer Fire Department (VFD) submitted their grant certification and listed 9 paramedics.  However, it appears that all of the paramedics are part-time, and cover 2 shifts 7:30 am to 5:30 pm and 10:00 pm to 6:00 am.  Ms. Petersen asked Council for guidance on how much to pay the Sharptown VFD and Council requested that she contact them for clarification on part-time versus full-time and the hours of coverage.

 

Mrs. Bartkovich recalled that October is the month checks are distributed to volunteer fire companies and, in accordance to Wicomico County Code Chapter 39, Fire and Ambulance Companies Rescue Squad, financial statements must be submitted prior to receiving the appropriation.  Council instructed Mr. Shea to send a letter of reminder to the companies.

 

Proposed Legislation

Mrs. Bartkovich referred to an excerpt from the Minutes of August 2, 2005, “If Council is concerned about the risk to the County, an Ordinance could be adopted to limit the County’s investments in commercial paper to 5%, keeping in mind that currently the County does not invest in commercial paper at all.  She recalled that Council corrected the Minutes on the vote, not to support the proposed legislation, but did not vote on whether the County wanted an Ordinance.  Ms. Petersen said the statement should include that the Ordinance would have to wait until after the State passes its legislation and that Council has the option of voicing its concerns about the State’s intent.  Mrs. Bartkovich requested and received confirmation from the County Attorney that the correction was in order.  

 

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 July 31, 2005.

 

DEPARTMENT OF PUBIC WORKS

P. Rai Sharma, Director, reviewed the following items of business for Council’s consideration.

 

Rum Ridge Road

Notification has been sent to the Daily Times that Rum Ridge Road will be closed from August 16 through August 18, 2005.

 

West Main Street Bridge

Mr. Sharma is in receipt of a Press Release advising that the West Main Street Bridge is closed for construction through February 15, 2006.  The project is totally funded by the State of Maryland.

 

Salisbury University

Mr. Sharma received a request from Salisbury University regarding backups on Camden Avenue when students are moving in.  He met with University Campus Police and the City of Salisbury, who all agreed to close Camden Avenue on August 26th  from 7 a.m. to

1:00 p.m. to allow for student traffic.  Flyers will be distributed throughout the area to inform residents, along with a publication in the Daily Times newspaper.  

 

Camden Avenue Paving

Mr. Sharma announced that Camden Avenue is scheduled for paving this year, possibly as early as the next week.  Paving will begin at the County limits in front of Salisbury University and move to Kay Avenue.  As the paving moves detour signs will be posted at each section of the road.

 

Tire Amnesty Day

Tire Amnesty Day in Wicomico County was held Saturday, August 13, 2005. More than 400 tires were collected which will be shipped to facilities with County contracts.  

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Public Hearing- Lease Agreement

Notice is hereby given in compliance with Section 22-2 (G) of the Wicomico County Code that the County Council of Wicomico County will hear public comment on its proposal to consider a Lease Agreement between the Wicomico County Airport Commission and Perdue Farms, Inc., in which Perdue proposes to lease from the Wicomico County Airport Commission an area consisting of 75,334 square feet upon which Perdue will construct a 10,400 square foot building to be used as an airplane hangar and for the normal and allied purposes connecting with housing and maintaining airplanes owned by Lessee.  The proposed Lease is for a term of Twenty (20) years at the conclusion of which time Perdue shall convey the improvements to the County and retain first right to rent at the then market rate.  The rental shall be as set forth in the lease, escalating at a rate of 2% per year.

 

Public Comment:

Mr. Kenneth Holland asked for and received the location (by diagram) of the proposed site.

 

Council Comments:

Mrs. Bartkovich asked if there was a hangar on the other side and if it would be retained. Mr. Bryant explained that Perdue entered into a lease agreement with the County more than twenty five years ago, where they built the hangar they currently occupy.  Perdue had the option of a ten year renewal but demands have exceeded the hangar’s capacity.  At the end of their original term (former lease) ownership reverts to the County allowing the County to bid the hangar to another aircraft operator, for which Mr. Bryant already has demand.  Mr. Dashiell added that the Commission has worked extensively to put together an Agreement which the County and Perdue agree; a very positive step to continue the working relationship.

 

On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council approved the Lease Agreement.

 

LEGISLATIVE SESSION

On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately maintained from Executive Session and are public information. 

 

Legislative Minutes- July 19, 2005
Mr. Long motioned to approve the Legislative Minutes of July 19, 2005.  The motion was seconded by Mrs. Bartkovich and unanimously carried.

 

Legislative Bill 2005-1 – Bond Bill

On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council voted to adopt Bill 2005-1.

 

With business concluded, upon motion of Mr. Long, seconded by Mr. Dodd with unanimous Council approval, the Legislative Session was adjourned.

 

The Village at Salisbury Lake: Resolution and Contribution and Land Use Agreement

Messrs. John Natelson, Developer, Gary W. Mackes, Director, Recreation, Parks and Tourism and Dave Ryan, Director of Salisbury-Wicomico Economic Development.

 

Mr. Baker recalled Council adopted legislation at the recommendation of Bond Counsel, which authorized the County to participate in a (TIF) Tax Increment Financing Act. By Resolution, the County pledges the tax income from the increment to be deposited into a Special Revenue Fund maintained by the City of Salisbury. The City of Salisbury will issue the bonds however neither the City of Salisbury nor Wicomico County has any liability for repayment if the property generates insufficient amounts of revenue to finance the bond’s debt service. The Resolution authorizes the Council to execute the Contribution and Land Use Agreement. The Resolution and the Agreement would not take effect until the bonds are issued; final date is December 31, 2006.  If bonds are not issued all agreements become null and void. Mr. Mackes asked for consideration of three items: (1) amend the asphalt specifications used to construct the parking lot from 1.5 inches to 2 inches compacted (2) that the proposed greenway be developed and maintained by the developer and not become a County liability and (3) to increase the sunset for the Hotel and Entertainment Center to two years after bonds are sold.

An exchange of dialogue between Council members and the developer resulted in an agreement on the first two considerations.  Mr. Natelson reiterated that the County has the right to approve specifications for the construction of the parking lot, including lighting and landscaping.  The Public Works Engineer stated that a minimum of 2 inch compacted asphalt, with the County having the authority to approve the final specifications, is agreeable and is what is generally used throughout the County. Mr. Natelson confirmed the greenway parcel will be developed and maintained by the developer however the land will still belong to the County.  Mr. Natelson expressed concern for the Hotel and Entertainment Center sunset because of the uncertain impact to future development.  He suggested a near term date would determine whether there is sufficient interest from the development community to pursue the project. Further, that a request for proposals as already discussed would provide that information. Mr. Mackes reminded Council that it was the Tourism Board’s recommendation to change the Agreement extending the option on the hotel land to two years after the bonds are sold.   If investors do not respond to a proposal to develop the hotel site by September, the County would lose the hotel option. Mr. Ryan offered consideration to one year with right-of-refusal after that year.  Mr. Mackes suggested utilizing three rather than six acres, forego the entertainment parcel or water park, leave three acres for the hotel at the corner of Glen Avenue and Beaglin Park and possibly increasing the proposed buffer. Mr. Natelson asked Council to approve the Agreement with the condition that the sunset issue has to be resolved. Mr. Long voted to approve the Resolution, with the condition that the Hotel and Entertainment sunset is to be determined.  Mr. Dashiell seconded the motion and it was unanimously carried.  

 

DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT

 

Gloria Smith, Planner, presented the following item:

Public Hearing:  Establishment of Maryland and Wicomico County Agricultural Land Preservation Districts

In accordance to procedures established by the Maryland and Wicomico County Agricultural Land Preservation Programs, the County Council is required to approve applications by landowners wishing to establish an Agricultural Preservation District on their property.  Applications on the part of landowners are entirely voluntary.  With no public or Council comments heard, upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved the following applications:

 

E. B. Helfrich Land Trust District – Cherry Walk Road, located northwest of Quantico on 141.7 acres, to be processed through Maryland Agricultural Land Preservation District.

 

Malone Farms District – Cooper Road, located west of Allen on 255.0 acres recommended to be processed through the Wicomico County Agricultural Land Preservation District.

 

David and Rebecca Calloway District – Taylor’s Trail, located southwest of Mardela Springs on 50.0 acres recommended to be processed through the Wicomico County Agricultural Land Preservation District.

 

JAN WISEMAN, EXECUTIVE DIRECTOR, GREATER SALISBURY COMMITTEE

 

Mr. Wiseman came before Council to present an update on Urban River Project Two (North Prong) and to request a Letter of Support for the Priority Places application due by October 1, 2005. The project has the support of Maryland Department of Environment, Army Core of Engineers, the Chesapeake Bay Foundation and the Delmarva Water Transport, along with a task force of community and government leaders. One of the goals is to remove unused gas and oil tanks. Of the 100 applications submitted only four have received designation; Crisfield, Maryland is the only one from the Eastern Shore.  President Sarbanes called attention to a letter from Farmers and Planters, longtime business owners in the area questioning the impact of the project to their business.  The company serves Wicomico County’s agricultural community by rail and boat, is the only fertilizer and crop input facility in Wicomico County and one of the only facilities on the lower shore with significant storage and receiving capabilities.  Mr. Sarbanes was interested to know how other major businesses in that area, Perdue Farms Incorporated and Dolbey Marine would be impacted. Mr. Wiseman stated the task force believes their vision can be achieved without harm to current property owners. Council comments included their agreement that the project was a worthy one, that Council supports keeping the bridge open, the importance of the railroad to deliver products and most importantly, that they wish to protect existing businesses. Mr. Dashiell motioned to provide a Letter of Support that includes Council’s interests particularly as it pertains to existing businesses. The motion was seconded by Mr. Long and unanimously carried.  Mr. Wiseman advised that Letters of Support solicited from surrounding businesses will become part of the application.  

 

Mrs. Bartkovich called attention to an indication by the task force that the best use for the area in question is a combination of residential, retail and light commercial businesses and, that Farmers and Planters is commercial. Mr. Long, who sits on the Planning Commission, stated that Farmers and Planters can remain in perpetuity. The zoning change will affect new businesses. 

 

Public Comments:

Mr. Kenneth Holland expressed concern that this area retains its reputation for being the second largest seaport in the State of Maryland and that he does not agree with the restriction put on new businesses wishing to come into the area.  Mr. Long responded that the zoning changes were passed by the City of Salisbury not Wicomico County.

 

The record acknowledges that Mr. Fred Geiger wished to make a public comment but wanted press in attendance and left the Chamber in search of the media. President Sarbanes continued the meeting. 

 

Mr. Charles Otto, Farmers and Planters, commented that their letter was sent to Council to bring awareness to the project and its vision. Mr. Idell told Council he has no problem with the mission statement which is to improve the North Prong however if the vision is to construct housing rather than enhance commercial activity he doesn’t see that as economically viable.

 

There being no further business to come before the County Council the meeting was adjourned to reconvene in an Open Work 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