Wicomico County, MD
Council Minutes
November 18 , 2003
The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, December 2, 2003 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. In attendance were: Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.
President Sarbanes brought the meeting to order and called for any additions or corrections to the Minutes. On motion of Mrs. Bartkovich, Council approved the Minutes of November 18, 2003 as amended.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director submitted the following items of business:
Appointments: Lisa Renegar, Acting Director, Core Service Agency, has submitted a list of individuals for appointment and/or re-appointment to the Mental Health Advisory Board, for Council’s consideration. On motion of Mrs. Bartkovich, Council unanimously accepted and approved the following recommendations:
Appointments for a Three-Year Term:
Veron Johnson Dec. 2003 to Nov. 2006
Natausha Hitch Dec. 2003 – Nov. 2006
Linda Porter Dec. 2003 – Nov. 2006
Tammy Peek Dec. 2003 – Nov. 2006
Lennell Wheatfall Dec. 2003 – Nov. 2006
Re-appointments for a Three-Year Term:
George Whitehead, PhD. July 2004 – June 2007
Carol A. Mumma Dec. 2003 – Nov. 2006
Joan Emerick Dec. 2003 – Nov. 2006
Bill Haslam Dec. 2003 – Nov. 2006
Wilmore Sterling Dec. 2003 – Nov. 2006
Richard Tull Dec. 2003 – Nov. 2006
County Council Representative: Gail M. Bartkovich
Enterprise Zone Benefits Applications: Mr. Shea advised Council that the City of Salisbury has accepted an application for Enterprise Zone Benefits from Coles Circle, LLC. It has been determined that the company is eligible and the City Council subsequently approved this designation at its November 24, 2003 meeting. On motion of
Mr. Long, Council unanimously concurred with the designation.
John R. Pick, Executive Officer, City of Salisbury, has submitted an application for Enterprise Zone Benefits from Germane Tool Corporation. It has been determined that the company qualifies for this designation. The City Council is scheduled to consider granting the request during its December 8, 2003 meeting. On motion of Mrs. Bartkovich, Council unanimously concurred with the request, subject to the application receiving approval by the Salisbury City Council.
Letter of Intent – Board of Education: Mr. Shea requested Council’s approval to forward a letter to Dr. David Lever, Public School Construction Program, State of Maryland. Mr. Shea recommends a revision to its content, advising that Wicomico County is prepared to fund its portion of the Board of Education’s Capital Project Budget to the extent necessary to maintain consistency with the State shared formula for State-approved projects, in an amount not to exceed the total requested amount to the County for such project. Mr. Dashiell motioned to approve the Letter, to contain the revisions as suggested by Mr. Shea. The motion was then unanimously approved.
Request for Vehicle Lease: Sheriff R. Hunter Nelms would like to purchase a vehicle that would be utilized as the emergency response vehicle for the Sheriff’s Office.
Mr. Nelms proposes to purchase the vehicle and lease to the County until such time that he leaves County employment. The vehicle’s title and insurance would be in the County’s name and the County would assume responsibility for maintenance. Council discussion resulted in a request for additional information, i.e., type of vehicle, purchase amount and lease amount. Council chose to defer any action until its
December 16th meeting.
Mrs. Bartkovich inquired when the Executive Director for the Drill Academy would be appointed; Mr. Shea responded that it is his understanding that the Board plans to take action during its meeting on December 16, 2003.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, submitted the Statement of Latest Investment Rates/Balances For All County Funds, reporting the following approximate balances: total General Fund balance, $159,000; Capital Project Fund, $26.4 million; total major non-designated funds, $42.7 million. Reserve funds total $4,796,646, with the Contingency Fund balance reflecting two $400 appropriations.
Mrs. Petersen advised that the County will be going to New York City this week to meet with Standard & Poor’s, Fitch and Moody’s (bond rating agencies). Actual sale of the bonds shall take place on December 16, 2003. The County’s Bond Counsel, Mr. Sam Ketterman, will place a telephone call to Council during Executive Session to advise of the interest rate offers. Mrs. Prettyman asked that all Council members receive the presentation to be used during these meetings.
DEPARTMENT OF PUBLIC WORKS
Rai Sharma, Director of Public Works, reviewed the following items of business:
Subdivision Plat: Forest Grove Business Park DPW No. 27-03
Location: U.S. Rt. 50 & Forest Grove Road
Applicant: J. H. Plummer & Associates
Owner: Everett Jackson
Developer: Jerry Gray
Applicant proposes to subdivide the property into two pipestem lots, both of which will front and have access on Forest Grove Road. The Planning Commission reviewed a Sketch Plat during December 2002. Five lots were proposed at that time, but due to poor soils, the lots have been reduced to two. The Board of Zoning Appeals recently granted a special exception for a business park. The Department recommends approve of this subdivision by the Planning Commission, subject to the following conditions: 1) final plat shall comply with subdivision regulations and forest conservation regulations; 2) Health Department approval is required; 3) lots shall have denied direct vehicular access to U.S. Rt. 50 and a portion of Forest Grove Road; a note referring to the Right to Farm Chapter of the County Code shall be placed on the final plat; and 5) individual site plans for each lot will be required at the time of application for building permits. Following review, Council concurred with all conditions and recommendations.
Updates on Projects:
Morris Road: The road has been widened and all pipes have been replaced; however, reclaiming the road, grading and blacktopping must wait until spring.
Wetipquin Bridge Repairs: Mr. Sharma shared a chart showing the repairs that must be performed on the bridge span, which have proven to be more extensive than originally thought. Mr. Sharma explained that approximately one-half of the beams have rotted.
The Department has ordered additional materials; however, the project is on schedule and weather permitting, the replacement phase should be completed by the end of December or first part of January 2004. Applications for new bridge construction have been
sent to the U.S. Army Corps of Engineers and Maryland Department of the Environment; however, Public Works has not yet been notified of a public hearing date.
In response to Mr. Long’s question, Mr. Sharma advised that timberland adjacent to the Landfill is private property. Mrs. Prettyman also asked Mr. Sharma to determine if trees need to be cut back from Nutters Neck Road, as requested by residents.
COUNTY ATTORNEY
Adoption of Bond Resolution: Edgar A. Baker, Jr., announced that Council is now prepared to act on the final step, adoption of a Resolution, before the sale of Capital Improvement Program bonds. He explained that the bond issue totals $8.7 million and shall be accomplished in two parts, allowing the County to maintain Bank qualification.
The sale, which shall take place on December 16, 2003, totals $3.8 million. Council would receive a telephone call from Bond Counsel at 11:00 a.m. to provide the competitive interest rate bids. The remaining bonds shall be sold during January 2004 on the open market. Mr. Dashiell then motioned to adopt the Bond Resolution as presented; the motion received unanimous approval.
MISCELLANEOUS
While waiting for Mr. Sharma to arrive for his presentation, Mr. Long responded to a question posed by Mr. Trader during a previous meeting; Mrs. Bartkovich referenced Nassawango Creek Preserve, to which Mr. Baker stated the information requested is not yet available; and Mr. Dashiell referred to the appointment of Norman H. Conway, Delegate, as the Chair of the Appropriations Committee. Staff is requested to forward a congratulatory letter to Delegate Conway; and Mrs. Bartkovich acknowledged the Certificate of Excellence extended to Emergency Services; Mr. Sarbanes stated that its Director, Sandy Silvia, would attend the next Executive Session to receive recognition of this honor.
Council then concluded Executive Session and entered an open work session.
DEPARTMENT OF PUBLIC WORKS
Mr. Sharma came before Council to discuss the issue of the County’s street sweeper program. Council was provided with a detailed list of street locations within municipalities and subdivisions that have scheduled sweeper maintenance performed. While the demand far exceeds county equipment available, Mr. Sharma explained that this is a beneficial program, not only for aesthetic reasons, but also for its importance to stormwater maintenance. Mr. Sharma emphasized the importance of residents helping by not sweeping yard debris into the streets.
He further stated that the current County equipment is aging and insufficient to provide countywide service in a timelier manner. However, if the program is to continue, there must be an investment in new equipment and operators; ideally, this would translate to four sweepers (initial capital cost of $680,000) and two additional employees (minimum cost of $42,000). The situation is compounded by the fact that the County receives no payment for this service from certain municipalities receiving State highway users’ revenue and the sizable reduction of State highway user revenue funds allocated to the County this year. Following a brief discussion, it was agreed that Council should review all facets of the program in the near future.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John Lenox, Director, reiterated Council’s agreement to pursue certain recommendations contained in the Impact Fee Feasibility Analysis prepared by Tischler & Associates, Inc.
Council is reminded that enabling legislation does not currently exist for the proposed imposition of development excise tax, but exists for impact fees. At the request of Council, the firm has prepared a Scope of Work and cost proposal within the following parameters:
Mr. Lenox stated that the firm would require four months to complete the referenced tasks upon receiving Council’s agreement to proceed. Mrs. Prettyman reiterated her position of support for the concept of impact fees, rather than the development excise tax, but considering the importance of the issue, she is in favor of proceeding with the scope of work. Mrs. Bartkovich also expressed her preference for further research of impact fees, but agreed that obtaining comparative data regarding both should be pursued. Mr. Dodd asked how the cost of the analysis would be funded; Mr. Lenox responded that issue has not yet been determined, but he would like to meet with the Administrative Director to determine what portion of the cost might be accommodated within the department’s current budget before Council makes a final decision. Mr. Lenox then requested and received Council’s concurrence to proceed with an agreement with the Consultant and a subsequent meeting with Council to review possible modifications to the department’s budget. At this point, Council determined that this discussion took place during a work session; therefore, their concurrence was of an informal nature and must be brought to Executive Session for formal approval.
RECREATION, PARKS & TOURISM
Gary Mackes, Director, and Michael Mercer, Chair of the Recreation Commission, came before Council to provide a detailed review of the 2004 Enterprise Budget, which includes an Enterprise Account Summary; Parker Athletic Complex Capital Outlay Schedule and Revenues; Cedar Hill Harbor Fee Schedule; Nanticoke Harbor Fee Schedule, both of which reflect a proposed 5% increase in rental rates; Park Pavilions; Salisbury Advisory Council; Westside Community Center; Pemberton Historical Park; Wicomico Equestrian Center; Youth Council (now inactive); Recreation Programs and Capital Escrow Accounts, as applicable. Mr. Mercer reiterated that public recreation programs and facilities are self-sustaining with only minimal exceptions of the Happy Timers and summer playgrounds for at-risk youth.
The proposed budget has received the approval of the Recreation Commission for presentation to Council. Following the review and on motion of Mr. Long, Council unanimously approved the proposed Enterprise Budget as submitted.
PUBLIC COMMENTS
Mr. Russell Cooper, who served as the site inspector for the Drill Academy construction project, asked Mr. Shea for a status report. Mr. Shea responded that the Academy is not yet occupied, however, the Sheriff’s Office recently received the per Diem rates from the Department of Juvenile Justice. Mr. Cooper wished to emphasize his concerns about the construction work performed; asked for confirmation that photographs submitted earlier had been made available to Council; requested that the Advisory Board receive the documents that he has submitted; and asked to meet with Council before the project is finalized. Mr. Sarbanes remarked that Council would address any outstanding issues when the time is appropriate.
Mr. James Trader, a member of the Ryder Cemetery Trust Committee, voiced his concerns that the subdivision plat involving a right-of-way on a portion of property under the Trust, was never submitted to or approved by the Planning Commission, therefore, resulting in illegal ownership. Mr. Sarbanes asked Mr. Sharma if he could provide Council with more information on the subject. Mr. Sharma disagreed with this assessment, stating that a legal plat is on record, the Trustees were properly notified of the process and that since this was a minor subdivision, there was no requirement to go before the Planning Commission; such subdivisions receive approval from the Department of Public Works. At Mr. Sarbanes’ suggestion, Mr. Sharma and Mr. Trader will meet to discuss the issue.
COUNCIL COMMENTS: none
The County Attorney then requested, as authorized by Section 10 of the State Government Articles of the Annotated Code of Maryland, to adjourn Executive Session and enter into closed session. Council unanimously approved the motion.
_________________________________
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
The County Council of Wicomico County, Maryland met in
Executive Session on
Marvin R. Long, and Larry Dodd. President Anthony Sarbanes was recognized as being out of town. Vice President Dashiell conducted the meeting.
Mr. Dashiell brought the meeting to order. The following Proclamations were read into the Minutes by Mrs. Prettyman and Mr. Dashiell, respectfully.
PROCLAMATION
By the
County Council of
WHEREAS, the Salisbury Area Chamber of Commerce is an organization of enlightened business leaders united to make contributions to the greater good of this community; and
WHEREAS, among those innumerable contributions the Salisbury Area Chamber of Commerce became the first local Chamber of Commerce to sponsor a Business Leadership Network in order to advance the employment of people with disabilities; and
WHEREAS, in tirelessly
promoting the hiring of people with disabilities, supporting community
partnerships, conveying a powerful message to the community about the value of
people with disabilities, and in fact succeeding in increasing the employment
of the disabled, the Salisbury Area Chamber of Commerce earned national
recognition as one of ten recipients of U.S. Secretary of Labor Elaine L.
Chao’s New Freedom Initiative Award for achievements on behalf of people with disabilities; and
WHEREAS, in earning the NFI
Award the Salisbury Area Chamber of Commerce demonstrated exemplary and
innovative efforts in furthering employment objectives announced by President
Bush with in the first 30 days of his presidency to ensure that Americans with
disabilities have the opportunity to learn and develop skills, engage in
productive work, make choices about their daily lives, and participate fully in
their communities.
NOW, THEREFORE, be it
resolved by the County Council of Wicomico County, Maryland, that the Salisbury
Area Chamber of Commerce be, and hereby
is, warmly congratulated for having received the New Freedom Initiative Award;
lauded for all of its efforts to ensure the quality of life and the equality of
opportunity for all the citizens of Wicomico County; and saluted for having
distinguished itself not only as a regional leader but as a national leader in
setting and striving to meet those goals, thereby bringing recognition to
Wicomico County as a great place to live and an even greater place to prosper.
PROCLAMATION
By the
County Council of
WHEREAS, the Eastern Shore Business Leadership Network of the Salisbury Area Chamber of Commerce is committed to helping trained, disabled workers find a self-sufficient place in the workforce; strives to increase general awareness of people with disabilities in the community, decrease unemployment among the disabled, provide information to employers about best practices, disabilities, support services and incentives to facilitate employment, training and retention and efficiently pre-screen job candidates; and
WHEREAS, through its
partnerships with other Delmarva Chambers and the Departments of Rehabilitative
Services of Maryland, Delaware and Virginia, the Eastern Shore Business
Leadership Network stands as a regional organization providing links between
thousands of disabled potential employees and hundred of employers in the 14
counties across the three states and a website with information on tax credit
and disability accommodations; and
WHEREAS, its efforts
were recognized and honored first by the United States Department of Labor with
a 2003 New Freedom Initiative Award for achievements on behalf of people with
disabilities, and recognized again by being named 2003 Chapter of the Year by
the US Business Leadership Network;
NOW, THEREFORE, be
it resolved by the County Council of Wicomico County, Maryland, that the Eastern
Shore Business Leadership Network of the Salisbury Area Chamber of Commerce be, and hereby is, warmly congratulated for
being named US Business Leadership Network Chapter of the Year for 2003; lauded
for all of its efforts to help people who want to work rather than receive
government assistance and to help human resources personnel find qualified
disabled workers in their area; and most of all providing the kind of regional
leadership which brings pride and gratification to this venue.
PROCLAMATION
By the
County Council of
WHEREAS, Kenny Cathell and Benny Riddick together have given nearly 50 years of sports leadership to the Salvation Army‘s youth programs; and
WHEREAS, their
leadership added new meaning to the word “mentor” — even before it came into
vogue — and has endured through three generations of Red Shield Boys Club and
Youth Club program members; and
WHEREAS, in
exercising that leadership, they played major roles in the lives of youngsters
interested in athletics, teaching them not only about playing ball but about
proper conduct whether on or off the field, and at all times showing honesty,
consideration, fairness, and compassion to youths regardless of their diverse
backgrounds; and
WHEREAS, many who
passed through their programs have gone on to be luminaries in their own right,
and to provide leadership in government and business, public affairs and the
professions; and
WHEREAS, they made
history with their service and laid groundwork for the future in terms of
today’s vibrant programs and their strong memberships;
NOW THEREFORE, on
the occasion of them being honored by the community they nurtured for the
contributions they made, be it resolved by the County Council of Wicomico County,
Maryland, that
Kenny
Cathell And Benny Riddick
DAY In
in recognition of their 50 years of leadership, of the mentoring they have done for more than 60,000 children in their charge, and for the lessons in character and integrity they imparted to the many who are now leaders of today; and further that all citizens of Wicomico County join us in expressing our appreciation and our gratitude for lives well spent on our behalf and on behalf of our children.
STATE CHAMPIONSHIP
The County Council of Wicomico County,
Maryland proudly recognized
James M. Bennett High School 2002-2003 State
Championship Golf Team for their unprecedented accomplishment in winning the
2003-2004 State Championship. Coach
Sandra Waller and Principal Henry Wagner received a plaque on behalf of the
winning team and
Mr. Dashiell called for any additions or corrections to the
Minutes of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director, submitted the following items for Council consideration.
Board of Education: At its regular meeting the Board of Education granted approval to make transfers of funds between the major categories of its Annual Budget for fiscal year 2003-2004 for the month of November, in the amount of $6,177, contingent upon Council approval. Mr. Long motioned for approval, seconded by Mr. Taylor, and unanimously carried.
The Board approved transfers of funds under $1,000 between
categories of its Annual Budget for fiscal year 2003-2004, for the month of November in the amount of $3,585; in accordance with a previous Council’s gentlemen’s agreement. No action is required. The Board also transferred funds within the major categories of its Annual Budget of fiscal year 2003-20004 for the month of November, in the amount of $12,255. Council action is not required.
Indigent Burials: The Bennie Smith Funeral Home has
submitted requests for assistance with the indigent burials of James Fields and
Elizabeth Ann Hudson Sykes White. On
motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried,
Council granted assistance in the amount of $400 each, to the Bennie Smith Funeral Home for the burials of the aforementioned, and authorized the following Transfer of Appropriations:
TRANSFER TO TRANSFER FROM
00l.111.510.00.070 001.990.570.00.033
Council Operating Contingency Account
$400.00 $400.00
$400.00 $400.00
Coulbourn Mill Pond: The Department of Recreation,
Parks and Tourism has submitted a request on behalf the Coulbourn Mill Pond
Homeowners Association to draw down Coulbourn Mill Pond from January 2 through
Capital Improvements Program: Council is currently in the process of
completing the Capital Improvement Program for fiscal year 2004; the delay in
submitting the Program is the result of awaiting State approval for Board of
Education projects. Mr. Shea suggested a public hearing date of
Manufacturer’s Tax Exemption: Mr. Shea reported,
American Paving Corporation and Kary Asphalt, Incorporated; two separate
companies with common ownership, consolidated into one corporation under the
American Paving Corporation name retaining the same ownership. Kary Asphalt
Incorporated has been granted a manufacturing tax exemption for the past
several years and requests that American Paving Corporation retain the exemption.
Mr. Shea recommends approval and that it would be granted on what the State of
FINANCIAL REPORT
Patricia B. Petersen, Director, submitted the following reports for Council’s review: Statement of Latest Investment Rates/Balances for all County Funds, reflecting the following balances: General Fund Balance, $414,178; Capital Project Fund, $25,856,744; total major non-designated county funds, $42,656,334; Total Designated Reserves $4,796,646. There are no changes in the Contingency Fund balance since the last report. John Ellis,
Chief Accountant, presented Highlights Significant Year-to-Date Transactions, together with supporting graphs.
DEPARTMENT OF PUBLIC WORKS
FEMA Reimbursement:
P. Rai Sharma, Director, reported notification from the Federal Emergency Management Agency that Wicomico County Roads Division will receive $44,644.24 and the Solid Waste Division, $81,134.02, to reimburse the County for expenses incurred during hurricane Isabel. Mr. Sharma also presented the Litter Control and Ditching Reports and advised Council that all County projects were on schedule.
Substations:
Mrs. Prettyman raised concern over the announced closings of substations
due to budget constraints and suggested Council meet with the Sheriff to
discuss. Council concurred and Sheriff Nelms stated he is currently working on
a plan to present to County Council, which reflects varying degrees of need and
what each need being met will accomplish.
Edgar A. Baker, Jr.
advised the Colorado Educational and Cultural Facilities Authority (the
“Authority”) has approved the issuance of its tax-exempt Revenue Bonds Series
2003A, in an aggregate principal amount not to exceed $4,500,000 (the Bonds). Proceeds of
the Bonds will be loaned to the Nature Conservancy and used for a plan of
finance comprised of the following purposes (a) to acquire approximately 3,567
acres in fee from E. S. Adkins and Company to be added to the Conservancy’s
Nassawango Creek Preserve and held and (b) to pay certain issuance
expenses. The facilities being financed
with the Bonds are located within the jurisdiction of
PUBLIC COMMENTS
Mr. James Trader asked the status of the following projects: progress of needed repairs at the Library; whether consideration is being given to Vocational Center students completing the work to gain experience and reduce costs; if and when recommendations from the County-appointed Performance Audit Committee would be implemented; how the Sheriff determined a fiscal savings due to closed substations; proposed zoning revisions; and made reference to a recorded subdivision plat. Mr. Dashiell responded, the library situation will be investigated by the appropriate authority; the Performance Audit Committee has submitted its report and formed subcommittees to continue working to find other ways in which there could be better efficiency in government and how best to accomplish it. While the Sheriff was not present to respond, Mrs. Prettyman offered that new hires are not filling the department’s vacant, though budgeted positions, that the Sheriff is transferring substation deputies back to road and office duties. Mr. Dashiell confirmed Council’s work sessions have included proposed zoning revisions. Mr. Lenox added that he anticipates requesting a public hearing date for the changes, after the New Year. He also stated he would be pleased to review Mr. Trader’s recommendations. With regard to the subdivision plat, Mr. Trader has agreed to meet with Mr. Sharma prior to addressing Council.
Mrs. Mary Ashanti, President, NAACP for
COUNTY COUNCIL COMMENTS
Mr. Dodd announced his opportunity to attend the Maryland
You Are Beautiful award ceremony in
Mr. Long advised the date of the annual lighting of Winter
Wonderland in the
There being no further business to come before Council in Executive Session, the meeting was adjourned to open work session on motion by Mrs. Prettyman, seconded by Mrs. Bartkovich, and unanimously carried.
_______ABSENT_____________________
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
|
Wicomico Narcotics Task Force |
168.48 |
96.27 |
144.41 |
385.10 |
|
457.31 |
|
625.79 |
1,877.36 |
|
Special Assignments |
|
|
|
|
758.36 |
|
|
|
758.36 |
|
|
|
|
|
|
|
|
|
|
0.00 |
|
SUBTOTAL |
3,473.54 |
3,314.50 |
3,024.48 |
2,351.54 |
3,718.53 |
10,787.62 |
3,880.41 |
5,712.86 |
36,263.48 |
|
|
|
|
|
|
|
|
|
|
|
|
REIMBURSABLE OVERTIME |
|
|
|
|
|
|
|
|
|
|
|
56.68 |
|
|