Wicomico County, MD
Council Minutes
December 2 , 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:

 

  • The work product would be both a Development Excise Tax/Impact Fee Analysis.
  • If legislation is effected that enables a Development Excise Tax, the subject report could also serve as the appropriate analytic foundation for implementation.
  • The functional areas to be studied would be limited to Public Schools, Wor-Wic Community College and County Roads.

 

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