Wicomico County, MD
  Council Minutes
November 15, 2005

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, November 15, 2005, Government Office Building, Salisbury, Maryland. Charles R. Dashiell, Jr., Vice President; Edward Taylor, Stevie Prettyman, Gail M. Bartkovich,

Marvin R. Long and Larry W. Dodd were in attendance. Council President Anthony Sarbanes was not present. Note: all unanimous votes recorded herein represent 6 votes.

Vice President Charles R. Dashiell brought the meeting to order calling for approval of the Minutes of November 1, 2005. On motion made by Mr. Taylor, seconded by Mrs. Bartkovich and unanimously carried, the Minutes of November 1, 2005 were approved as amended.

PRESENTATIONS

Council member Gail Bartkovich presented a Letter of Congratulations to Go-Getters; a community based psychiatric program in recognition of its 25^th Year of Service to Wicomico County and surrounding communities. The Letter was received by Richard Bearman, Executive Director.

Council member Edward Taylor presented a Special Certificate of Recognition to Kevin Brown, Pastor, and Mt. Olive A.M. E. Church for the church’s collaborative effort to partner with the Ray Lewis Foundation in a Thanksgiving Day Basket Giveaway.

Council member Marvin Long presented a Special Certificate of Recognition to the Ramada Inn and Conference Center of Salisbury for opening their doors as the place of distribution for the Mt. Olive A.M.E. Church and Ray Lewis Foundation.

By Proclamation of the County Council, Council member Stevie Prettyman saluted the March of Dimes by declaring November 15, 2005, Prematurity Awareness Day in Wicomico County. The March of Dimes is further saluted for its leading efforts to save babies from premature birth by funding research to find the causes and by supporting local programs that offer hope and help to families with a baby in intensive care.

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 November 15, 2005, $362,733. Capital Project Fund balance, $47,228,554; Total Major Non-designated Funds, $70,727,870; and Total Reserve Funds of $8,832,017.

Ms. Petersen noted an outstanding travel advance for the Department of Corrections. (Ms. Petersen joins Council later in the meeting for the bid award of the County’s General Obligation Bonds for 2005).

Bay Restoration Fee

The Office of Finance has received numerous calls regarding the Bay Restoration Fee and exemptions thereto. Of particular interest is whether there is an exemption for Disabled American Veterans (exempt from property taxes) and the legally blind (exempt from a portion of the property tax). Ms. Petersen advised that Council that while Council could entertain the exemption requests, the final decision would be at the State level. Mrs. Bartkovich informed Council that information regarding the exemptions is posted on the Maryland Department of the Environment webpage. Council asks Ms. Petersen to review the information as well as obtaining what procedures are used by other counties and municipalities.

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 October 3l, 2005. At Council’s request, Mr. Ellis provided a (revised) Financial Report highlighting significant year-to-date transactions as of June 30, 2005.

ADMINISTRATIVE DIRECTOR’S REPORT

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

Enterprise Zone designation

Lowe’s of Salisbury located at 2606 North Salisbury Boulevard has received notification that the City of Salisbury and Wicomico County have declared the company eligible to receive Enterprise Zone designation, effective July 1, 2006.

Board of Education - Budget Transfers

E. Bruce Ford, Comptroller, came before Council regarding budget transfers:

The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2005-2006 for the month of November in the amount of $8,108; subject to Council approval. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council granted approval.

The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2005-2006 for the month of November 2005, in the amount of $171,830. Council action is not required.

In accordance to a gentlemen’s agreement to make transfers between categories under $1,000, the Board reported transfers for the month of November 2005 in the amount of $573. Council action is not required.

Wicomico County Health Planning Board

On motion made by Mrs. Prettyman, seconded by Mr. Dodd and unanimously carried, Council appointed Dr. Virginia Dulany to fill the consumer vacancy position on the Wicomico County Health Planning Board.

Agenda Item

Mr. Shea recommended deferring discussion on the appeal of Thoro-good Manufacturing Tax Exemption to December 6, 2005. Council concurred.

Capital Improvements Budget and Five-year Capital Program

Council received the Capital Improvements Budget and Five-year Capital Program. No action on the Budget is requested at this time however Council must set the date to hold the Public Hearing. Toward that end, January 17, 2005 was set. The meeting will be conducted in the Council Chamber, Government Office Building; unless the elevator is still under renovation; in which case the Hearing will take place at the Wicomico Youth and Civic Center.

Information Technology- Network Agreement

Mr. Shea called attention to an Agreement between Wicomico County, Maryland, the City of Salisbury and the Board of Education to share a common network. The Agreement was approved by Council at its March 1, 2005 meeting, amended on November 1, 2005 and is before Council to be amended again to incorporate language that clearly states, that upon termination of the Agreement neither of these entities can use the network. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved. Mr. Shea advised that the City of Fruitland requests inclusion in the Agreement. Mrs. Prettyman motioned for approval. Mr. Taylor seconded the motion and it was unanimously carried to include the City of Fruitland.

JOHN REDDEN, DEPUTY DIRECTOR OF PUBLIC WORKS

Roads Taken Into the County System

Mr. Redden reported that streets in Rewastico Village, Section I, are ready to be taken into the County’s maintenance system; Kinnikin Court, Millman Drive, Bitler Way, Bosch Lane and Darren Court. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved.

Upon Mr. Dodd’s inquiry, Mr. Redden responded that the Department is compiling the requested information regarding the Salisbury School.

S. MICHAEL THOMPSON, DIRECTOR OF HUMAN RESOURCES

Flexible Benefits Plan Amendment

Mr. Thompson reminded Council that Oxford Associates is the administrator of the County’s Flexible Benefits Plan and in accordance to changes in federal law the County amends its Plan. He submitted a modification request that would grant an additional (90) days to spend dollars set aside in the Plan. The modification applies only to the health (medical) benefit, not to dependent care expenses. On motion made by Mr. Taylor, seconded by Mr. Dodd and unanimously carried, Council approved the Amendment.

LGIT Training Grants

Mr. Thompson advised that the Local Government Insurance Trust (LGIT) offers a training grant that would have a positive impact on member coverage. The Wicomico County Risk Management Committee has targeted driver safety as an area where the County can advance employee skills to reduce liability claims and property damage. Upon receiving certification, the employee would train their colleagues. On motion made by Mr. Taylor, seconded by Mr. Dodd and unanimously carried, Council gave its approval to submit an application for the grant.

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Hotel/Motel Operating Permits

Mr. Baker recalled that several hotels/motels within Wicomico County do not have valid operating permits due to violations of Chapter 170 of the County Code. By correspondence to the facilities, Mr. Baker requested compliance within thirty days. Having no response from most, he recommends Council authorize injunction proceedings to close the facilities until an inspection is performed and the facilities are deemed compliant. Following discussion, on motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council authorized the County Attorney to commence injunction proceedings in accordance to Chapter 170 of the County Code.

In response to Mrs. Bartkovich, Mr. Baker anticipates submitting recommendations for criteria that Council could impose before approving the Water and Sewer Amendments by early December.

In response to the question of circumstances surrounding noncompliance, Mr. Baker said there were no specific reasons reported however, delinquencies could be attributed to the County’s continued willingness to grant extensions.

JACK LENOX, DIRECTOR, PLANNING, ZONING AND COMMUNITY DEVELOPMENT

East Naylor Mill Road – Ruark/Cannon Annexation

Applicant: City of Salisbury

Location: Northeast of the City of Salisbury, East of East Naylor Mill Road, adjoining the Easterly side of the Salisbury Corporate Limits

Request: Annexation Zoning – 12.44 acres

Planning

Commission

Recommendation: R-10A Residential District

The site is proposed primarily for single family residential development as part of the Villages at Parsons Lake, Section 2. A preliminary plan for Section 2 indicates that there will be 14.5 single family lots and 5.5 duplex units; wetlands restrict the full development of the parcel. Because the Comprehensive Plan recommends low-density residential development for this area, staff believes that the Council must also approve the zoning classification. Mr. Lenox suggested adding the condition that a maximum of 21 homes be constructed on the property. In response to Mr. Dodd’s question of school capacity, Mr. Lenox advised that information is solicited from the Board of Education and reported accordingly. Mrs. Prettyman asked why the annexation was before the County, since the City of Salisbury tabled the request at its meeting of November 14, 2005. Mr. Lenox explained, the request is introduced by the City of Salisbury then forwarded to the County. Since the City voted to continue to a hearing the request has come back to the County prior to the Salisbury City Council’s final action. Further, the City could take final action without the County’s consent. Mrs. Prettyman offered a motion for moratorium on any zoning change until the County can put “stop gaps” in place. Mr. Dodd suggested a moratorium may not be what the County needs to do at this time however consideration for the citizens of the County is imperative. Mr. Long shared that whether the Planning Commission favors a project or not, their current role is to recommend the most appropriate zoning for the project. He suggested taking the stance not to approve any more zoning changes until the County has some sort of collective mechanism in place to address these issues. Mrs. Bartkovich wished to point out, too, that the development would require amending the County’s Water and Sewer Plan and, since the County Attorney is working to obtain information which he proposes to have by the first meeting in December, she can not support the continuation of zoning changes until that issue is resolved. Further, she can not support amending the Water and Sewer Plan until she has a better understanding of the capacity issues of the City of Salisbury and municipalities. Mr. Lenox speculated, if the Council did not approve, the annexation would proceed however the development could be delayed. Mr. Taylor stated that he would like to have all seven Council members present before taking action. In response to Mrs. Bartkovich, Mr. Baker said if nothing happened, there would be no service to the area; that Council is not being requested to make a zoning change but is requested to consent to the City’s application of the zoning; which is in conflict with the County’s Master Plan. Mr. Dodd offered a second to Mrs. Prettyman’s motion. Vice President Dashiell stated he feels Council has concerns about the way in which development is proceeding and would not encourage a moratorium, but would consider each request on its own merits and basis. Mr. Baker advised that Council does not have the authority to do a moratorium; a moratorium requires legislation however Council can elect not to entertain any additional requests for consent to zoning for residential purposes, when it is different from the County’s Master Plan. Mrs. Prettyman agreed and made the verbiage her amended motion. Mr. Dodd seconded the motion.  On a roll call vote, Mrs. Prettyman, yes; Mr. Taylor, yes; Mr. Dodd, yes; Mr. Long, no; Mrs. Bartkovich, yes and Vice President Dashiell, no, the motion passed 4-2.

Hearne Annexation

Mrs. Prettyman asked for clarification on the aforementioned. Mr. Lenox responded that the Salisbury City Council voted at its November 14^th meeting to approve the annexation. The ruling from the City Attorney was, because the City received a letter from Maryland Department of Planning the previous day, the letter effectively complied with giving notice and therefore the City was allowed to proceed with the vote. She then questioned the validity of the vote taken by the County Council prior to the City’s latest actions. Mr. Baker responded that the County Council’s vote was valid; the presentation given to Council during the subject meeting was valid.

Bill Sammler, National Weather Service

Mr. Sammler announced that Wicomico County has achieved National Weather Service Recognition as a Storm-ready Community; the first on Maryland’s Eastern Shore. The program is designed to reward Emergency Management for preparing citizens, first responders and other emergency officials to receive National Weather Service information and to make certain that local government facilities, schools and the community have operating National Oceanic and Atmospheric Administration (NOAA)) weather radio receivers. Mr. Sammler presented an award and extended congratulations to Sandy Silvia, Director of Emergency Services and Management; Doug Jones, Emergency Management Coordinator and Jeff Robinson, Emergency Management Technician.

PUBLIC COMMENTS

Messrs. David Breslow and Daniel Harwell came before Council on behalf Salisbury School to request that Council consider the following: to enact legislation regarding the discharge of firearms within 1,000 feet of schools or public assembly and 2,000 feet in the direction of a school property or parallel to the property; create stricter penalties for repeat violators and, that those who knowingly and willingly discharge a firearm within the proposed 2,000 foot safety zone receive an enhanced penalty. Council thanked the students for their proactive approach to this issue and asked that Mr. Baker research the requests.

Ms. Tina Perrotta, We Care About Wicomico County, introduced a group of students who wished to address the Council regarding their schools. Messrs. Chris Perrotta, Ron Hobbs, and Tyler Christopher called attention to over-crowding, inadequate cooling, insufficient textbooks and supplies, deficient funding for athletic travel, police protection and limits on construction. The group encouraged Council to make smart decisions to control growth in Wicomico County before further problems occur. Council expressed appreciation to the students for attending the meeting to present their perspectives.

GENERAL OBLIGATION BONDS - BID AWARD

Director of Finance Pat Petersen and Samuel Ketterman, the County’s Financial Advisor, presented bid results for Wicomico County’s General Obligation Public Improvement Bonds of 2005, Second Issue, in the amount of $8,525,000. From among seven bidders, the low bid was received from Robert W. Baird & Company, Inc. at a rate of 4.019371. Mr. Ketterman told Council the rate is excellent and indicative of the County’s good management practices. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council awarded the bid to Robert W. Baird & Company, Inc.

COUNCIL COMMENTS

Mr. Dashiell announced the elevator located in the lobby of the Government Office Building will be under construction and inoperable from November 21, 2005 to January 2, 2006. The County Council meetings for December 6 and December 20 will relocate to the Wicomico Youth and Civic Center.

Mr. Dashiell congratulated Barbara Furbush and her committee for a fine Dog Show recently held at the Civic Center.

There being no further business to come before Council the meeting adjourned.

Absent ______________________

Anthony Sarbanes, President

__________________________________________

Charles R. Dashiell, Jr., Vice President

__________________________________________

Edward T. Taylor, District 1

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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

Minutes of November 15, 2005