Wicomico County Council
Minutes of Meeting, 
December 3, 2002

 

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, December 3, 2002 at 10 :00 a.m., Council Chamber, Government Office Building, Salisbury, Maryland. In attendance: L. Russell Molnar, Rebecca Taylor-White, Edward T. Taylor, Philip L. Tilghman, Stevie Prettyman, Marvin R. Long and A. David Ennis.

 

President Molnar brought the meeting to order and called for any additions or corrections to the minutes.  There was an amendment and on motion of Mr. Tilghman, seconded by

Mrs. Prettyman, the Minutes of November 19, 2002 were accepted as amended.

Mr. Molnar then turned over the meeting to the Administrative Director.  Mr. Shea announced the installation of the members of the 2002-2006 Wicomico County Council, which was administered by Mark Bowen Clerk of Circuit Court.  With the Oath of Office completed, Mr. Shea announced that it would be in order for the Council to elect a President and Vice President.  Mr. Shea stated that it is his understanding that Mr. Edward Taylor wished to make a statement.   Mr. Taylor welcomed all in attendance, thanked those who have supported him during the past eight years and in response to many constituents, explained that he neither had the time nor the desire to serve as Council President.  Mr. Taylor respectfully requested that Council allow him to retain those boards and committees on which he has served as Council representative. 

Mr. Taylor then nominated a fellow Council member with whom he had worked for nearly thirty years and who received the highest number of votes in the general election (referencing Mr. Anthony Sarbanes) to serve as President and further nominated the recipient of the second highest vote, Mr. Charles Dashiell, to serve as Vice President.  The motion received a second from Mr. Long.  Mr. Shea asked if there were any further nominations, and if not, a motion to close nominations would be in order.  Mr. Long moved to close nominations, with a second by Mr. Dashiell.  With no further nominations, Mr. Shea announced that Mr. Tony Sarbanes would serve as President and Mr. Chip Dashiell as Vice President and it is now in order for Council members to take their places at the Council table.

 

Mr. Sarbanes welcomed all and at his invitation, Council members introduced families and friends who were in attendance.  Mr. Sarbanes also introduced family members and friends.  President Sarbanes commented that this eleventh Council is comprised of seven individuals with many talents to collectively do the best they can for Wicomico County residents.  He remarked that during the campaign, one major underlying theme expressed to him was the necessity to work together in harmony and cooperatively.  Council will be faced with difficult budget issues, including the primary issues of education and public safety, economic development, water services, housing, consolidation of services and President Sarbanes asked for the support of local businesses, agri-businesses and each citizen.  He also extended thanks to former Council members L. Russell Molnar,

Philip L. Tilghman, Rebecca Taylor-White and David Ennis for their commitment and dedication, as well as appreciation to each County employee.  In conclusion,

Mr. Sarbanes thanked the electorate for the opportunity to serve on the County Council.

 

ADMINISTRATIVE DIRECTOR

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

 

Enterprise Zone Application – Amendment:  Mr. Shea introduced Deborah Stam, City of Salisbury, who requested Council’s approval to once again amend the renewal/expansion application for the Salisbury-Wicomico Enterprise Zone.  Council had recently given its approval, however, the City of Salisbury received another request from Salisbury Wicomico Economic Development on behalf of a group of developers. Mr. Long motioned to approve and adopt via resolution, an amendment to the referenced application.  The motion passed by unanimous vote.

 

City of Salisbury:  Council has received a request from the City of Salisbury for a property tax setoff for fiscal year beginning July 1, 2003.  Action on this request was deferred.

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Transfer of Funds Request:  During fiscal year 2002, the Department of Corrections requested funds from its capital account to make necessary equipment repairs.  While Council approved this action, the funds were not encumbered for carryover to FY 03 when the necessary paperwork was submitted.  Consequently, the funds were included in the general fund balance for fiscal year 2002.  On motion of Mr. Taylor, Council unanimously approved the transfer of $26,256 from the Contingency Account.

 

License Commissioners: The Board of License Commissioners is requesting Council approval to transfer funds in the amount of $1,100.00 from its Fine Account, to pay additional legal expenses incurred in preparing a response to a lawsuit filed in Circuit Court. On motion of Mr. Taylor, Council unanimously approved a resolution authorizing the requested transfer.

 

CIP Public Hearing:  Mr. Shea recalled that Council must set a public hearing date and a subsequent adoption date for the Capital Improvements Program/Budget.

At Mr. Shea’s recommendation, Council set the public hearing for January 21, 2003

at 7:00 p.m. in Council Chambers.  At Mrs. Prettyman’s suggestion, Council agreed to set the adoption date following the public hearing.

 

Miscellaneous:  Mr. Shea reminded Council that the State Highway Administration meeting for new officials has been changed to December 11, 2002, at 6:30 p.m.

 

DEPARTMENT OF FINANCE

 

Patricia Petersen, Director, briefly reviewed the Statement of Investment Rates/Balances for all County Funds.  The current total general fund balance is $4,228,919; the Capital Projects Fund totals $28,334,906; total major non-designated fund balance is $47,412,893; and total reserve funds of $4,767,021. 

 

Request for Matching Funds:  Allen Volunteer Fire Company has requested $16,000.11 from its designated Capital Incentive Sinking Fund, to assist in the purchase of a pumper tanker.  As part of the program’s requirement, the Fire Company provided confirmation of matching funds within its account.  On motion of Mrs. Prettyman, Council unanimously approved the request.

 

Mr. Long inquired as to the status of investment income on County funds.  Mrs. Petersen responded that investment income is down approximately $200,000 from this time last year.

 

DEPT. OF PUBLIC WORKS

 

P. Rai Sharma, Director, presented a request on behalf of Mr. K. King Burnett, regarding a vacant building located at the Mardela Springs transfer station, who would like to relocate the building to a local historical property site. All associated costs would be borne by Mr. Burnett.   While it is normal procedure for the County to dispose of surplus by the auction process, Mr. Sharma stated that the building would require extensive repair to have any market value.  Mrs. Prettyman inquired whether anyone else in the Mardela area had expressed an interest in acquiring the building; Mr. Sharma responded that no other interest has been expressed.  Mr. Taylor motioned to grant Mr. Burnett’s request and the motion was unanimously carried.

 

The Town of Delmar has submitted a request to increase its wastewater capacity from

.65 million gallons per day to .85 million g.p.d.  Because the County maintains a Comprehensive Water & Sewer Plan, any change in the Plan requires a public hearing;

at Mr. Sharma’s recommendation, Council instructed that the hearing be held on

January 7, 2003 at 11:00 a.m. in Council Chambers. 

 

 

 

 

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COUNTY ATTORNEY

 

Edgar A. Baker, Jr., referred to a proposed Resolution addressing action taken by the Maryland General Assembly, as follows:

 

Approved Counseling Agencies

 

Whereas, a Maryland General Assembly has adopted Chapter 532, of the Laws of Maryland to provide fair credit granting mechanisms to citizens throughout the State; and

 

Whereas, one of the provisions of the law cause for lenders to provide to all borrowers in “covered loan” transactions, defined as a high cost loan in the statute, with a list of agencies and organization approved by the County in which the residential property is located, to provide “home buyer education and housing counseling”; and

 

Whereas, although Wicomico County does not have a process for approving housing or financial counselors, the United State Department of Housing and Urban Development has an approved list of counseling agencies within the State of Maryland; and

 

Whereas, the Maryland Department of Labor, Licensing and Regulation, charged with enforcing the provisions of Chapter 532, has agreed that the adoption by Wicomico County of the Dept. of Housing and Urban Development approved list satisfies the intent of the law.

 

Now, therefore, be it resolved, that the County Council of Wicomico County, Maryland, in Executive Session on the third day of December 2002, pursuant to the requirements of Chapter 532 of the 2002 Laws of Maryland, and upon the recommendation of the Maryland Department of Labor, Licensing and Regulation hereby approves the United State Department of Housing and Urban Development approved list of counseling agencies attached hereto as Exhibit 1 and as it may be amended from time to time.

 

Mr. Baker further noted that the Maryland Association of Counties has recommended adoption of the HUD approved agencies.  Locally, those agencies are identified as

Maintenance of the Aged in the Community (MAC, Inc.), Shore Up! Inc., Salisbury Neighborhood Housing Service and Dorchester Community Development Corporation (Cambridge, Md).   Mr. Long motioned to adopt the above Resolution.  The motion was then unanimously carried. 

 

 

Mr. Baker then reviewed a proposed Resolution on behalf of ExceL Interactive Science Museum.  The non-profit organization is seeking approval of its proposal by the Dept. of Housing and Community Development Neighborhood Partnership Program to obtain tax credits, which in turn, are marketed to eligible businesses in exchange for contributions to DHCD approved projects.  One requirement of the proposal is the approval of the local governing body.  On motion of Mr. Taylor, Council unanimously adopted the following Resolution:

 

ExceL Interactive Science Museum

Neighborhood Partnership Program

 

Whereas, ExceL Interactive Science Museum, a non-profit organization, has applied to the Department of Housing and Community Development of the State of Maryland, for approval of a project in which college-level students in an elementary education certification program will design and construct portable inquiry-based science education kits for use primarily by teachers in classroom settings (“the project”); and

 

 

 

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Whereas, the “project” is a very efficient, low-cost approach to raising the level of science education and awareness among students with the goal of creating such an interest in science and technology that a greater number of children on the Lower Shore will seek higher education in the sciences and thus, become eligible for higher-paying, intellectually satisfying work in technological and scientific fields.  Ultimate, this program hopes to attract more high-tech industry to the Shoe with a better educated and more highly skilled work force; and

 

Whereas, the program will permit an allocation of tax credits for business entities that contribute to the Project, under the Department’s Neighborhood Partnership Program; and

 

Whereas, ExceL Interactive Science Museum requests the support and approval of Wicomico County, Maryland for the submission of its’ application, as required by the Department of Housing and Community Development; and

 

Whereas, the County Council of Wicomico County has determined that the goal of raising the level of science education and awareness among students would be in the public interest and would be beneficial to the citizens of the County;

 

Now, therefore, be it resolved, by the County of Wicomico County, Maryland, in Executive Session, as follows:

 

The County Council of Wicomico County, Maryland hereby supports and approves ExceL Interactive Science Museum’s application for approval of the “Project” and allocation of tax credits.  Done this third day of December 2002.

 

 

RECREATION, PARKS AND TOURISM

 

Gary Mackes, Director, and Messrs. Charles and Brian Dolbey of Bay Cruise Lines, LLC, came before Council seeking approval to dock the Bay Star, a 59 foot, 150 passenger tour boat, at the public ramp on Riverside Drive on a temporary basis.  The company wishes to utilize the public dock during the month of December for the purpose of providing cruises during the holiday season.  Mr. Mackes explained that the request was received after the Recreation Commission met last week, therefore, there is no Commission recommendation to Council today.

 

Mr. Charles Dolbey further explained that the company anticipates conducting two to three cruises per week and hopes to dock the vessel for one half-hour prior to and after all scheduled cruises.  Bay Cruise Lines is prepared to assume all responsibility for clean up and disposal of refuse associated with the cruises.  Council members posed questions regarding proper lighting for the parking area and ramp area for safety of passengers, insurance coverage, potential for liability issues for the County, the application of amusement and/or other taxes, alcohol licensing and the question of whether there is sufficient depth for the vessel at low tide.   Mr. Mackes agreed that proper lighting and A.D.A. compliant access to the ramp, having the County included on the appropriate liability insurance policy and a written agreement holding Wicomico County harmless from legal action should be part of any agreement and offered that Council might consider some form of compensation to the County.   Mr. Mackes added that the design of the landing is sufficient and low tides should not create a problem.  Mr. Baker confirmed that amusement tax and alcohol licensing would apply to the business.  Other Council members expressed their desire to ensure that any action taken would not infringe on any existing business agreements the City might have with waterfront businesses nor would it jeopardize the City-County working relationship.  With

 

 

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conversation concluded, Mrs. Prettyman motioned that Council approve the request for the month of December 2002 only, with the following stipulations:  1) installation of  proper, permanent lighting, proper access to the ramp area, inclusion of Wicomico County on the liability insurance policy and a written agreement to hold Wicomico County harmless from all legal action deriving from the operation of the business.

 

PUBLIC COMMENTS

 

Jan Wiseman, Executive Director of Greater Salisbury Committee, presented letters of congratulations to each Council member.

 

Mr. Long recognized Senator Paul Sarbanes, inviting him to share any remarks he would like to make.  Senator Sarbanes briefly reviewed mutual areas of interest, such as dredging projects for local rivers, transportation needs, support for the local airport and the Wallops Flight Facility as the proposed location for the next generation of the Shuttle program.  Senator Sarbanes wished all Council members the best and looks forward to working with them over the next four years.

 

COUNCIL COMMENTS

 

Mrs. Prettyman expressed her concern that the first action taken by Council, the election of President and Vice President, without communication among all seven members could be interpreted as a return to “closed door politics” and hoped this was not the case.  She would however, support past tradition and the President and Vice President and looks forward to working on the challenges facing the County.

 

Mr. Dodd wished to commend Ms. Rebecca Taylor-White, Mr. L. Russell Molnar

Mr. David Ennis and Mr. Phil Tilghman for their years of dedicated service.

 

Mr. Sarbanes briefly responded to Mrs. Prettyman’s concern, stating that there will be nothing “closed” about what Council does over the next four years.  He, too, looks forward to a very close working relationship with each Council member.

 

Mr. Dashiell also commended former Council members and looks forward to working with his fellow Council members in a cooperative spirit.

 

Mr. Long wished to thank the voters of his district for the opportunity to serve again; commended former Council members and acknowledged Mr. Matthew E. Creamer in the audience.  Mr. Long, who serves on the Governor’s Commission for Correctional Standards, referred to the recent audit of the Dept. of Corrections, resulting in a positive report.

 

With comments concluded, Mr. Long motioned to adjourn Executive Session and to enter closed session to discuss a personnel matter.  The motion was unanimously carried.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The Executive Session  was adjourned.

 

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                                                            Anthony Sarbanes, President

 

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                                                            Charles R. Dashiell, Jr., Vice President

 

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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

 

____________________________

Theodore E. Shea, II

Administrative Director

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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