Wicomico County,
December 6 , 2005
The County Council of Wicomico County, Maryland met in
Executive Session on Tuesday, December 6, 2005 at the
President Sarbanes brought the meeting to order. Mr. Taylor presented Certificates of
Recognition to Mr. Melvin Seldon, Ms. Joyce Burrell and Dr. Julia Birckhead, in
honor of their volunteer efforts to benefit the community of
On motion of Mrs. Bartkovich, second by Mr. Dodd, the Minutes of November 15, 2005 were approved as amended.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, presented the following items of business:
Request for Appointment: Mr. Daniel Tabler, Maryland Cooperative Extensive Service, is requesting that a Council member be appointed to its Advisory Council. In response to that request, Mr. Taylor volunteered to serve as Council representative, with Council concurrence.
Mr. Shea advised that the agenda item submitted by the Local Management Board is being withdrawn and would be placed on the December 20, 2005 agenda.
Health Department Request: Mr. Shea announced that Dr. Judith
Sensenbrenner, County Health Officer, is requesting Council’s approval to
pursue a Memorandum of Understanding with local pharmaceutical businesses,
allowing the Health Department to take a pro-active approach in preparation for
local emergencies. Dr. Sensenbrenner
also explained the reimbursement process when an event has been declared an
emergency by Governor Ehrlich and FEMA becomes involved in the response. In addition, local pharmacies participating
in the MOU would provide valuable information by performing an annual inventory
of those medications/dosages in demand.
The proposed Memorandum has been reviewed by the
Quinton Foundation:
Mr. Newell Quinton, Operations Officer for the John Quinton Foundation,
Inc., is requesting a letter of support for a grant application to be submitted
to the Maryland Historical Trust.
Council had supported the Foundation’s application in 2004; however, it
was not funded by the State. This year’s
application, if funded, would assist the Foundation in its preservation efforts
of the
Thoro-Goods Concrete Co., Inc.: Messr. Dan Williams and Bill Thoroughgood, President, are requesting that Council reconsider an earlier determination to deny the company a retroactive manufacturer’s tax exemption. Mr. Williams once again explained that the company had applied for State eligibility for a tax exemption; however, the company received a County tax billing that did not reflect a manufacturer’s tax exemption credit. Upon contacting the Department of Assessment and Taxation,
Mr. Williams was informed that the State had no record of ever receiving an application for State eligibility. It should be noted that it is County practice to grant such an exemption based upon confirmation of State eligibility. Council members posed questions to Mr. Williams as well as the County Finance Director. Following Council discussion, Mr. Shea also stated that Council is actually being asked to consider granting an abatement of taxes, not a retroactive exemption. Mr. Dashiell agreed and stated that while Council must be careful not to set a precedent, based on documentation provided and the subsequent State eligibility that has since been granted, he would move to approve the abatement of approximately $16,000 as requested. Mr. Taylor provided a second to the motion, which was unanimously approved.
Public School Construction Program: Mr. Shea referred to a letter that must be submitted annually to the State to confirm
that the County Council is prepared to fund its portion of the Board of
Education’s FY 2006 Capital Projects Budget to the extent necessary to maintain
consistency with the State-shared formula for State approved projects. The amount is not to exceed the total request
amount to the County for such projects.
Mr. Shea, stating that this commitment would include the proposed
Mrs. Bartkovich voted “no”, citing that there are too many unanswered questions at this time to support the motion. Mr. Long voted in favor. Mr. Dodd voted “no”, stating he does not support such action at this time. Mr. Taylor voted in favor of the motion. Mr. Dashiell voted in favor of the motion. Mrs. Prettyman voted against the motion, stating there are certain factors that need study and resolution before proceeding. Mr. Sarbanes voted in favor of the motion. Therefore, the motion passed with four favorable votes and three dissenting votes.
Mrs. Prettyman, the following schedule was unanimously approved.
New Year’s Day, Monday January 2
Martin Luther King Day, Monday January 16
President’s Day, Monday, February 20
Good Friday, Friday, April 14
Memorial Day, Monday, May 29
Independence Day, Tuesday, July 4
Labor Day, Monday, September 4
Veteran’s Day, Friday, November 10
Thanksgiving Day, Thursday, November 23
Day after Thanksgiving, Friday, November 24
Christmas, Monday, December 25
This concluded the Administrative Director’s report.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director of Finance, provided the Contingency Report, which reflects no usage since the last report and a balance of $966,800.
Room Tax Collection Report: This report reflects a
year-to-date total of $238,843.04, as compared to a prior year total of
$210,432.07. County, City and
Request for Budget Funds: Mrs. Petersen also reported
that the Allen Volunteer Fire Company is requesting its allocation of EMT
funds; while there are no full time paramedics, the company has eight part-time
paramedics to provide 24-hour
Transfer of Funds: Mrs. Petersen explained that in order to complete funding process for the Capital Improvements Budget, bond contingency funds must be transferred from bond accounts that are to be closed. This transfer requires Council action. On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved the transfer of $1,042,757.80 from various accounts.
Financial Management System: Mrs. Petersen reported that in compliance with the Performance Audit, the Board of Education and the County formed an evaluation committee and issued a joint Request For Proposal for an integrated financial management/H.R. system. The five proposals received were opened on November 8, 2005. The proposals were then evaluated to determine if each met the requirements contained in the bid document. Four vendors were invited for demonstrations. Pricing is being requested from three vendors, which are due December 15th. Mrs. Petersen also said that this process has been a wonderful, cooperative effort.
Mrs. Bartkovich referred to the auditors’ review of the current MUNIs system to ensure data is acceptable before continuation of use. Mrs. Petersen responded that the audit process results would hopefully, be ready for presentation to Council by the second meeting of January 2006. Mrs. Bartkovich also referred to additional carry forward dollars; Mrs. Petersen said that extra income tax distributions received in June, July and August exceeded prior estimations, as did recordation revenue. Another factor is the necessity to estimate expenditures that would not be made. Mrs. Petersen suggested, and Council agreed, to a work session to review how estimated carry forward balances are calculated.
Mrs. Prettyman then suggested that the $650,000 allocated to
the Board of Education for maintenance and repairs for projects not being
funded this year should be considered for use in the Capital Improvements
budget for
RECREATION, PARKS & TOURISM
In summary, the budget projects revenue of $1,183,000 to operate the Athletic Complex, Cedar Hill and Nanticoke Harbors, Westside Community Center, Pemberton Historical Park and 95% of the recreation activities offered by the department. The budget also includes monies earmarked for capital maintenance and repairs. No tax dollars are required to render these services. Public tax dollars are used only to operate summer playgrounds and a portion of the cost for the Happy Timers program. In addition, marketing strategies used to generate revenue have been successful and will help reduce youth program registration fees by 25% and adult programs by 15%. This proposed budget has been approved by the Recreation Commission for submission to Council. If approved by Council, the budget would take effect January 1, 2006. Following review and on motion of Mr. Long, second by Mr. Taylor, Council unanimously approved the proposed budget as submitted.
DEPARTMENT OF PUBLIC WORKS
John Redden, Deputy Director, was informed that the City of
County and is requesting an easement so the contractor could continue. Mr. Baker stated that if Council agrees, the easement could be advertised for a public hearing during the first Council meeting in January. Mrs. Bartkovich asked how this would impact the residents; Mr. Redden responded that there is little impact, adding that the City has two options for building the path:
1) the bike path would run alongside the road, with a berm between the bike path and residences, or 2) placing the bike path on the other side of the berm, making it closer to residences. Mrs. Bartkovich stated that Council should know which option is going to be used, prior to granting an easement. There was general Council concurrence to proceed with the public hearing.
PUBLIC HEARINGS
Mr. Redden conducted the following Public Hearing:
“A Public Hearing will be held on Tuesday, December 6, 2005
at 11:00 a.m. in the Midway Room of the
Mr. Redden further stated that the project is currently being reviewed by the Maryland Department of the Environment. The Owners and the design engineer from George Miles & Buhr are present to address any questions and/or comments.
Mrs. Bartkovich stated that the Chesapeake Bay Restoration
fee (flush tax) is in place because of the necessity to protect and restore the
Mr. Derbyshire explained that the company has been working closely with the State on this proposed facility. The system reduces nitrogen levels and in turn, the land application further reduces the levels to a point that once the water reaches the soil and allowed to percolate, the nitrogen level has been reduced to zero. In addition, the projected cost of the plant is $550,000, with a cost to residents of approximately $250 monthly, which includes all aspects of maintenance associated with the Homeowners Association fees. Mr. Long also stated that during a Planning Commission meeting, he understood that the plant is well removed from the river.
Mr. Derbyshire confirmed that Maryland Environmental Services would operate the plant. It should also be noted a public information meeting would be held.
On motion of Mr. Dodd, Council unanimously approved the
amendment to the
Public Hearings – continued:
Edgar A. Baker, Jr.,
Mr. Baker advised that the lease was put out to bid. Mr. Baker also advised that the public hearing was advertised as being located at Council Chambers. He took steps to ensure that no one appeared at that location for this specific public hearing, other than one individual, who is now present at this meeting. Therefore, it is appropriate to proceed with the public hearing.
President Sarbanes called for public comments. There were no public comments. Calling for Council comments, Mr. Dodd asked if this referred to the lease of a prior year and whether there had been any issues during the bid process. Mr. Baker responded there were no issues in the bidding process this time. In addition, John Terrell, Deputy Director, Recreation and Parks, responded that three bids were submitted, ranging from $65 to $101 per acre. On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved the lease agreement.
Mr. Baker then referred to his second agenda item, the Salisbury Mall Project. Staff wishes to ensure that the agreement is finalized prior to the Developer coming before Council on December 20. Mr. Baker asked for Council’s decision on two issues, those being: 1) status of the hotel property option; it is Mr. Baker’s understanding that this is not suitable, since the Owners are attempting to secure commitments to lease the commercial property and would obtain no interest until it is clear how this section is to be used. 2) The greenway which would connect the project through to the trail in the Park would require an easement in return for their agreement to maintain at no cost to the Developer.
Mr. Sarbanes said that as the Council representative to the Recreation Commission, the hotel property is no longer an issue. He further stated that the Commission feels the Owner should pay for the land involved in the greenway portion. He then asked for further comments. Mr. Dodd asked when Council received the e-mail advising
them of these points, stating he had not received it. Mr. Baker received the correspondence more than one month ago and offered to provide the information to Council. He then asked and received Council consensus on the suggestions made by Mr. Sarbanes.
PUBLIC COMMENTS
M. J. Caldwell, Attorney and business owner, voiced multiple questions that he believes are unanswered, including but not limited to: various construction options, projected cost, alternative locations, water and sewer requirements, student demographics, lack of population and growth trend data, analysis of value of the current school site, traffic studies, the lack of public input during the process, etc. Mr. Caldwell stated he was very disappointed in the way the Board of Education presented this to Council and suggested that the project be delayed until answers are obtained to such questions and before committing to such a long term obligation.
Mr. Caldwell also referred to
traffic problems experienced by commuters coming into
Mr. Sarbanes and Council for providing time for hear public comments during its meetings. He then referred to another Board that (allegedly) has a problem with that.
John Palmer, President, V.O.I.C.E., thanked Council for the opportunity to speak. Mr. Palmer then addressed concerns, as follows: referencing new school construction and the need to use long term planning and that the Bennett project seemed to be the result of recent overcrowding; stated that statewide, taxpayers have incurred many new taxes, which directly impacts many senior citizens and low income homes; addressed the State Property Tax Assessment rate, the State “flush” tax; local hotel tax; increased costs for automobile registration. Mr. Palmer spoke on behalf of the construction industry; stated that government must stop managing by increased fees and taxes.
Mr. Long asked to respond to Mr. Palmer, stating that Bennett has been part of the Facilities Planning Committee’s ten-year plan for at least ten years.
Mr. Herb McGowan, member of the Bennett High PTA, thanked Council for its decision today to fund the Bennett project
Robin Holloway, Vice President, Board of Education, reiterated Mr. Long’s comment that the Bennett project has been discussed for more than ten years. She has served on a long-term Facilities Task Force that includes the public and referred to the work performed by the School Building Commission. Mrs. Holloway referred the work
sessions at the Board of Education that are open to the public; however, the public should be aware that discussions of projects involving land acquisition or issues of land sites are closed session meetings, as required by State law. Mrs. Holloway encouraged the public to contact her with any concerns and questions, to attend those sessions that are open to the public and help the Board develop a working partnership with citizens.
COUNCIL COMMENTS
Mr. Taylor remarked that he served
on a committee to research the feasibility of an addition and upgrades to
Mr. Sarbanes distributed information to Council members pertinent to the December 20th Council meeting and announced that open work sessions would begin after a five-minute break. This concluded the Executive Session.
______________________________
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
______________________________
Marvin R. Long, District 4
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Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director