Wicomico County, MD
  Council Minutes
 October 4, 2005

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, October 4, 2005, at 10:00 a.m., Room 301, Government Office Building, Salisbury, Maryland. Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd were in attendance.

President Sarbanes brought the meeting to order. On motion of Mr. Long, second by

Mr. Dashiell, the Minutes of September 20, 2005 were approved as submitted.

President Sarbanes then announced the following presentations:

Mr. Dodd presented a certificate recognizing the Maryland State Police Aviation Command’s 35^th Anniversary, which was accepted by Mr. Mike Price.

Mrs. Prettyman presented a certificate of congratulations acknowledging that Salisbury-Wicomico County was a recipient of the 100 Best Communities for Young People, a national competition sponsored by America’s Promise. The Certificate was accepted by Linda Hardman, Wicomico Partnership for Families and Children on behalf of participating County agencies.

Mr. Dashiell read a Proclamation recognizing October 15, 2005 as White Cane Safety Day.

DEPUTY ADMINISTRATIVE DIRECTOR

S. Michael Thompson, Deputy Administrative Director, submitted the following items of business:

Burial Assistance

Benny Smith Funeral Home is requesting assistance with burial costs for the late Adolphus Phillips, Jr. On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved a transfer of appropriations in the amount of $400.

Mrs. Prettyman requested staff to advise funeral homes that their written request must also certify that the deceased was a resident of Wicomico County.

Appointments to Boards and Commissions

Wicomico County Dept. of Social Services Advisory Board - On motion of

Mrs. Prettyman, second by Mr. Taylor, Council unanimously appointed Mr. Otis Jones to the Social Services Advisory Board commencing immediately, term to expire December 2008.

Wicomico County Commission on Aging - On motion of Mr. Taylor, second by Mr. Dashiell, Council unanimously approved the appointment of Mr. Thomas Hehman to the Commission on Aging. Mr. Hehman’s three-year term commences immediately and expires September 2008.

On motion of Mr. Dodd, second by Mrs. Bartkovich, Council unanimously approved the reappointments of Ms. Pam Wood and Mr. Dennis Klima to serve another three-year term, beginning November 2005 and expiring November 2008.

Wicomico County Recreation Commission - On motion of Mr. Dashiell, second by

Mr. Taylor, Council unanimously approved the reappointment of Mr. Ralph Cordrey

( May 2005 to May 2008) and the appointment of Mr. Allen Brown whose term begins immediately and expires February 2008.

Convention & Visitors Advisory Board – On motion of Mr. Dashiell, second by

Mrs. Prettyman, Mike Delano and Brad Bellacicco were reappointed for a second term on the Tourism Board by unanimous vote.

Local Management Board – On motion of Mrs. Prettyman, second by Mr. Taylor,

Gladys Goslee was reappointed for three years, Master Leah J. Seaton shall serve as the Public Sector representative and Tom Hehman shall serve as the Private Sector representative. Mrs. Prettyman moved to approve the requests as submitted, second by Mr. Taylor and the motion was unanimously approved.

Proposed review of Caremark Prescription Card Discount Program: Mr. Thompson stated that this type of card is offered through the National Association of Counties.

Mr. Thompson offered to invite a representative from NACo to speak with Council, if so desired. Council concurred.

Orphan’s Court Request: Mr. Thompson referred to a prior Council discussion wherein the Judges of the Orphans’ Court for Wicomico County are submitting a request to the Maryland Legislature for an increase in salary. Orphans’ Court is also asking for a letter from the County Council in support of this request to increase those salaries from

$3,200 to $6,400 annually. On motion of Mr. Dodd, second by Mr. Taylor, Council unanimously approved a letter of support.

Circuit Court Grant: Wendy Riley, Judicial Administrator, advised Council that a grant application entitled “Wicomico County Adult Drug Court-Made for Excellence, in the amount of $74,645 has been approved under the Byrne-Justice Assistance Grant Program. Mrs. Riley stated that since this award represents revenue not included in the Circuit Court’s budget, Council’s approval to accept the grant funds is required. On motion of Mr. Taylor, second by Mr. Dodd, Council unanimously approved the request.

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, presented the Contingency Report, stating that $7,800 has been utilized to date; the Room Tax Collection Report, as of July 2005, reflects an increase in revenue over last fiscal year and currently, there are no delinquent accounts.

On motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved Permits to Operate to Comfort Inn and Thrift Travel Inn.

On motion of Mr. Long, second by Mr. Taylor, Council unanimously accepted a payment in lieu of taxes (PILOT) in the amount of $12,983.67 for Pine Bluff Associates.

Mrs. Petersen explained that the Internal Revenue Service sets a mileage reimbursement rate each year. This year, the IRS has chosen to adjust that rate mid-year, from 40.5 cents per mile to 48.5 cents per mile for private vehicles used for official business.

In addition, the Director reported that the Liquor Control Board has remitted all required monies for fiscal year 2005, as well as year-to-date for 2006. Mrs. Prettyman expressed her concern about certain expenditures made by the LCB, as it affects net profit payments to the County; she further requested that the Liquor Control Board membership meet with Council.

Thoro-Good Concrete Company is requesting a manufacturer’s tax exemption for the current fiscal year, as well as a retroactive exemption for the previous year. The Accountant for the company had originally applied for this exemption for 2003, while applying to the State at the same time. Council approved the exemption, pending State approval. Mrs. Petersen has been advised that apparently, the State misplaced the application for tax exemption eligibility and the Company was not apprised of the situation until 2004. Mrs. Petersen then verbally shared correspondence between the company and the State. The State of Maryland has granted the exemption beginning with FY 2004 and going forward. Following brief discussion, Mrs. Prettyman motioned to grant exemption for 2004, but decline the request for retroactive credit; there was a second by Mr. Long and the motion was unanimously carried.

Nuisance Code Enforcement: Mrs. Petersen reported that a payment for nuisance abatement, in the amount of $225, was paid for property clean up located on Memory Garden Lane. In addition, there is a request to pay a bill for $2,907 for abatement on Wainwright Avenue; as well as a request to pay $1,875 for work performed on Havassy Drive. Mr. Dodd motioned to approve both payments; second by Mr. Long and the motion was unanimously approved.

Mrs. Petersen also addressed the current level of authority to pay such bills for nuisance abatement before bringing the transaction to the attention of Council. Mrs. Petersen asked if this process should continue or would Council prefer to set a dollar threshold that would require Council consideration before the work is performed. Council posed questions regarding similar abatement for failing wells and septic systems, to which

Mr. Baker remarked that those type problems are addressed by the Health Department, the entity charged with enforcement under County Code, rather than State law. Following discussion, Council consensus reflected the importance of allowing code enforcement to proceed in a timely manner; Mrs. Petersen was instructed to continue with the current process. Mr. Taylor wished to complement Pate Matthews, Code Enforcement, for the progress being made.

As a matter of information, Mrs. Petersen told Council that the Bond Rating Agency meetings went very well. Mr. Sarbanes, Mrs. Bartkovich and Mr. Dodd agreed that the rating agencies seemed to be pleased with the presentation prepared by Mr. Shea and Mrs. Petersen and were impressed with the County’s fiscal management.

DEPARTMENT OF PUBLIC WORKS

John Redden, Deputy Director, submitted two subdivision plat reviews, as follows:

Subdivision: for Mancuso DPW No. 20-05

Location: Morris Road & Mt. Hermon Road

Applicant: Dennis & Baumgartner

Owner: Gary & Cynthia Mancuso

Applicant proposes to subdivide an 8 acre lot from a 93.3 acre parcel. The propose lot fronts and has access on Morris Road, a minor collector. The remnant lot fronts and has access to both Morris Road and Mt. Hermon Road, a state highway. Five parcel of land have been subdivided from the original tract. A sketch plat was reviewed by the Planning Commission on June 23, 2005. The Parker and Lewis Cemetery, located on this property, must be shown and necessary access must be provided, to which the owners have agreed. The Department recommends approval to the Planning Commission, subject to the following conditions: 1) the final plat shall comply with the subdivision and Forest Conservation regulations; 2) Health Department approval is required; 3) the 50% set-aside shall be established by both plat and deed; 4) lot numbering shall be approved by the Dept. of Public Works. Council concurred with all conditions and the recommendation.

Subdivision: Buck Ridge Re-subdivision DPW No. 17-05

Location: Esham Road

Applicant: Parker & Associates

Owner: Doug & Cristal Marshall

The Applicant proposes to re-subdivide an existing 60.3 acre lot into two lots, both of which will front and have access on Esham Road, a minor collector. Buck Ridge, Section 5, was reviewed by the County Council on July 1, 2003 and approved by the Planning Commission on July 17, 2003. The fifty percent set-aside was established at that time. A dwelling and an agricultural building exist on this property. During July 2005, the Board of Appeals approved a special exception for a Type III Home-Based Business for use of the building. Separation of this agricultural building from the dwelling may affect this special exception. The Department recommends approval of this subdivision by the Planning Commission, subject to the following conditions: 1) the final plat shall comply with subdivision and Forest Conservation regulations; and 2) Health Department approval is required. Following discussion and an explanation from Mr. Lenox that the owners may have to go before the Board of Appeals once again regarding the exception, Council concurred with the recommendation and all conditions.

Inquiry: Mrs. Bartkovich referred to correspondence from the Maryland Department of the Environment addressing the City of Salisbury’s need to increase its water storage capacity and the City’s remedy in the forthcoming update of the County’s Comprehensive Water and Sewer Plan. Mrs. Bartkovich asked whether County Public Works is cognizant of the City of Salisbury’s water capacity in conjunction with annexations. Mr. Sharma stated that the Department is awaiting definite information on the City’s water and sewer capacity. He also referred to a previous conversation during a Council meeting with a City Public Works employee, who stated the information would be available in three to six months. Mr. Sharma assured Mrs. Bartkovich that the information, as it relates to anything within the County’s purview, would be given careful consideration during the review of the County’s Water and Sewer Plan. He also stated that the City of Salisbury is waiting for MDE’s Guidance Document for Capacity Management. Mrs. Prettyman asked the County Attorney whether the County, as it reviews annexations, has any liability if developments take place without water and sewer capacity available to serve them. Mr. Baker responded that he would research the question.

Mr. Sharma advised Council that the agenda item regarding an historic plaque at the Whitehaven Ferry has been withdrawn until a later date.

Updates on Paving Projects:

Approximately 80% of the last year’s contract paving has been completed in the County.

Rum Ridge Road – the repairs began last week and should be completed by tomorrow.

Nutters Cross Road – repairs will begin upon completion of last year’s contracted paving projects. Bids will be sought for this year’s allocation.

Mr. Sharma reported he will share the final list of road repairs (tar and chip, blacktop and slurry). Mr. Sarbanes asked if this list would be published for the benefit of the public.

Mr. Sharma stated that while this has never been done, it could certainly be posted to the County website, as well as published in the local newspaper.

COUNTY ATTORNEY

Mr. Baker had no items for Council.

Mr. Sarbanes announced a short break to await the arrival of Mr. Mackes for the next item of business.

RECREATION, PARKS & TOURISM

Gary Mackes, Director, and Mr. Pete Bubas, Shore Energy Systems, reviewed an Energy Audit performed at the Wicomico Youth & Civic Center. Recommendations given should result in a 23% reduction in energy consumption for an estimated annual savings of $27,452. The necessary upgrades would cost $129,860; utilizing a budgeted appropriation of $23,000 would reduce the cost to $106,860. Mr. Mackes stated that the Recreation Commission has reviewed the plan and requests that Council approve a lease/purchase agreement with Shore Energy as soon as possible. The Agreement states, among other points, that energy savings would be applied to make lease payments. The County would also seek a “buy-out without penalty” clause. Mr. Mackes also explained the proposed financing of the contract, with the Recreation Commission suggesting that the lease be retired when sufficient funds are collected from Hotel Room Tax, Seat Fees and Restoration Fees. This prompted Council members to pose several questions regarding the proposed repayment of the contract, culminating in Council’s request to have Mr. Mackes return for a work session to thoroughly review the plan.

Mr. Mackes added that the Civic Center should have a Capital Sinking Fund established

in conjunction with the restoration plans. This too, would be discussed during the work session. Edgar Baker, County Attorney, reminded Council that Council is unable to negotiate any leases from November 1 through November 30, because of the upcoming Bond Sale. This is a non-bank qualifying year and suggested that Council take action, if they so choose, before the end of the calendar year. This concluded discussion, with the agreement to review the points made today during a work session. Mr. Long stated he would be interested in reviewing the “cut sheets”.

Mr. Mackes advised Council that he would provide a full financial disclosure for the Civic Center Enterprise Account, during the October 18^th Executive Session.

Mrs. Prettyman asked Mr. Mackes to provide the business plan, also.

On a final note, Mr. Mackes provided an update on the Benefit Luncheon scheduled for this Thursday, to assist in Katrina disaster relief through the American Red Cross.

PUBLIC COMMENTS

Tina Perrotta, member of We Care About Wicomico County, addressed some of the organization’s concerns, namely, sustainable growth, crowding of schools, lack of drinking water in some public schools, pollution of water and the City’s “Hearne

Annexation.” The organization’s goals are: 1) to have these issues addressed, with growth management having priority; 2) have Council explore an Adequate Public Facility Ordinance with developers paying impact fees; Mrs. Perrotta asked for a motion for discussion of the Hearne annexation at Council’s next work session and asked Council to rescind its consent to the rezoning of this annexation.

Dorothy Truitt also expressed her concerns regarding the rezoning of the Hearne Annexation and its potential impact on the school system. Stating that Salisbury failed to properly advertise this annexation and must have another hearing, she asked her Council District Representative to move to rescind Council’s rezoning approval made on June 7, 2005. Mr. Long responded that he would make such a motion, since he had planned to do this anyway. Mrs. Prettyman provided a second to the motion, which was unanimously carried.

COUNCIL COMMENTS

Mr. Dodd wished to express condolences to the family of the late Mayor Paul Martin, stating that he was a good man served the constituents of the City and Wicomico County for a long time.

Mr. Taylor wished to recognize City Council member Debbie Campbell.

Mr. Long stated that the whole issue of development has concerned him for a long time.

As a member of the Planning Commission, he has frequently asked what tools the committee has to address this situation. In the example of an annexation by a city, the only consideration one has is to zone the annexation approximate to the City’s zoning.

If this is not done, then the development is delayed for five years; after that point, the development may proceed. The more he considered the Hearne annexation, the more troubled he became; however, one must be mindful of denying the rights of property development. He does believe this particular development is ill conceived.

Mr. Dodd agreed that this development will negatively impact public schools that are already over capacity.

Mrs. Prettyman asked if Planning & Zoning staff plan to discuss the definition of

“bed and breakfast” during today’s work session, to which Mr. Lenox responded affirmatively. Mrs. Prettyman requested an update of the use of the former Drill Academy, to which Mr. Thompson responded that there are still outstanding issues on the part of the INS, but would ask Mr. Devenyns to provide a report. Mr. Sarbanes added that part of the problem is that Hurricanes Katrina and Rita have taken priority on Federal funding. Mrs. Prettyman also asked what the facility is still costing the County, to which Mrs. Petersen responded that funds for those costs are within the budget, but would provide those figures. Mrs. Prettyman stated that if the current plan cannot be accomplished, Council should look at other alternatives; Mr. Dashiell concurred with this assessment.

Mr. Long wished to correct a statement made regarding the legal use of impact fee revenue, which cannot be used for renovations, only increased capacity. Mrs.

Bartkovich added that according to the Tischler Report, the County has borrowed $30.3 million from 1999-2004 for increased capacity.

Mrs. Prettyman then requested another meeting with the Board of Education regarding its

Projects plan; Mr. Dodd stated he too, would like to review the entire list of options being considered.

With Council comments concluded, Mr. Mackes asked for Council’s approval of an

alcohol license for the Wine Festival event. On motion of Mr. Long, second by

Mr. Dashiell, Council unanimously approved the request.

Mr. Dodd then motioned to authorize a closed work session for the purpose of discussion of a legal issue, personnel issues and contract negotiations; the motion received a second by Mr. Dashiell and was unanimously approved.

Executive Session was then adjourned.

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Anthony Sarbanes, President

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Charles R. Dashiell, Jr., Vice Pres.

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Edward T. Taylor, District 1

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Stevie Prettyman, District 2

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Gail M. Bartkovich, District 3

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Marvin R. Long, District 4

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Larry W. Dodd, District 5

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Theodore E. Shea, II

Administrative Director