Wicomico County, MD
Council Minutes
December 16 , 2003

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, December 16, 2003 in Council Chambers, Government Office Building, Salisbury, Maryland. In attendance were Anthony Sarbanes, President; Charles R. Dashiell, Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich,

Marvin R. Long, and Larry Dodd.

President Sarbanes brought the meeting to order. Council congratulated Donnie Drewer, District Engineer, State Highway Administration, on receiving the 2003 National Pavement Awards Program - Excellence in Concrete Pavement. Recognition was earned for the U. S. 50 Relocated-Salisbury Bypass Project and was also selected as winner in the Divided Highways-Rural category. The award further distinguished itself as the “Best in Show” of the twelve winning categories; making it the best concrete project in the United States. Mr. Drewer accepted on behalf of his agency and staff, Cherry Hill Construction, the contractors; and Whitney Bailey Cox and Magnani, design engineers.

Ms. Ann Jermaine, Immediate Past Division Director and Lanny Hickman, Past Executive Director, SWANA (Solid Waste Association of North America) presented Wicomico County’s Director of Public Works, P. Rai Sharma the Bronze Award for Excellence in Landfills. The largest member Solid Waste Association in the world, SWANA recognizes superior performance in management and recycling. Mr. Sharma accepted the award and acknowledged Kenny Townsend, Landfill Manager, who was in the audience. In keeping with the character of recycling, the award was crafted from recycled glass. Mr. Michael Houlihan, GeoSyntec, consultants for the County’s landfill, also recognized the County’s Newland Park Landfill by presenting Mr. Sharma with a laminated plaque of the news article detailing his accomplishments through the solid waste efforts of Wicomico County.

Councilman Dodd presented a Certificate of Excellence from the Maryland Department of Public Safety and Correction Services to Sandy Silvia, Director, Wicomico County Emergency Services, together with a Letter of Recognition from the County Council. The Emergency Numbers Systems Board submitted the award in recognition of the 9-1-1 Center’s successful annual public safety answering point inspection. The Board commends the dedication and commitment to excellence demonstrated by those who “answer the call”. Ms. Silvia accepted on behalf of her staff stating the necessity of a cooperative workforce effort. “Wicomico County citizens can rest assured that they are protected day and night.”

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, the Minutes of December 2, 2003 were approved.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items for Council’s consideration:

Tax Property Article: Mr. Shea reported that the City of Salisbury, under the authority of Section 6-306 of the Tax-Property Article of the Maryland State Code, has submitted a letter proposing to be granted a property tax setoff by Wicomico County for the fiscal year beginning July l, 2004. The letter has been acknowledged and a date for a future meeting will be set, in accordance to terms of the law.

Board of License Commissioners: The Board came before Council to discuss recommended changes to Article 2B of the Annotated Code of Maryland for consideration by Maryland Legislatures for the 2004 session. Mr. Leo McNeil, Chair; Greg Rickards, Chief Inspector; Walter Bell, Board Member and Christine Travis, Administrative Secretary appeared to address any concerns over the proposed changes and to solicit Council’s support. With no amendments, additions or corrections to the proposal, motion was made by Mr. Taylor, seconded by Mr. Long, and unanimously carried to endorsed the proposed changes as submitted.

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 $69,450, contingent upon Council approval. Mr. Dashiell motioned for approval, Mr. Long seconded the motion and it was unanimously carried.

In accordance with a gentlemen’s agreement, 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 $2,771. No further Council action is requested. The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2003-2004 for the month of November, in the amount of $120,330. Council action is not required for transfers within major categories of the Board’s approved budget.

Mr. Taylor asked Board of Education representatives to research the rate of increase in the number of students currently participating in the English Speaking Other Language (ESOL) Program. The Board will submit its findings.

Mr. Shea reported approval of Wicomico County’s Bridge to Excellence Master Plan by the Maryland State Department of Education. In a letter to President Sarbanes, Wicomico County Board of Education Supervisor Charlene Cooper Boston advises that a component of the Master Plan is an Oversight Committee; whose role is to monitor goals and objectives of the Plan. Since the County Council has been identified as a key stakeholder Dr. Cooper-Boston invites a member to serve on the Committee. It is the consensus of Council not to serve in this capacity, particularly in light of its fiscal responsibility to the Board of Education. Mr. Shea will confirm Council’s decision to the Board.

Extended Christmas Holiday: Mrs. Bartkovich called attention to the State’s declaration of December 26^th as a holiday and inquired whether the County could consider giving employees an extra day off. Discussion ensued regarding cost, which was estimated at $23,000 not including grant-funded and essential personnel, whether the City of Salisbury would consider closing, particularly for those employees in the Government Office Building since the building is shared by City and County employees. Mr. Sarbanes added that his conversation with the Mayor seemed to imply that she would be willing to close if the County made the decision to do so. Both the Sheriff and Director of Public Works voiced support. Following discussion, on motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council declared December 26, 2003 a holiday for all Wicomico County employees and acknowledged the closing as an opportunity to express its appreciation to employees in a way that might not be possible in future years. Mrs. Bartkovich added that a number of professional businesses would follow the same policy. Mr. Dodd concluded, Council was not able to give employees a significant pay increase this year and, in consideration of what the County and Country have experienced lately, he would like to see County employees spend time with their families.

Bond Ratings: Mr. Shea reported that Wicomico County retained its A+ ratings with Fitch and Standard and Poors and, retained its A2 rating with Moody’s. Further, that Moody’s has released its negative credit watch on the County and reported favorably. Bids are expected during this meeting.

Mr. Shea announced that during Hurricane Isabel Wicomico County received assistance from outside the County and loaned itself to other jurisdictions. Specifically, the Department of Corrections provided a work crew to Dorchester County. A letter of appreciations has been received for this effort.

Mrs. Prettyman recalled that former County Council Vice President Rebecca Taylor-White submitted a letter to Council on November 18^ththat was included on the Council agenda and open for public discussion. She asked whether there has been a response to Ms. Taylor-White and if not, expressed her desire to do so. The County Attorney stated the Health Department and Planning, Zoning and Community Development have taken the subject under advisement and respond. He also noted that his office is preparing an opinion letter and could include a response from Council at their direction. Council concurred.

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, $73,074; Capital Project Fund, $29,881,644; total major non-designated County funds, $46,440,987; Total Designated Reserves $4,797,572. There are additional charges from Contingency. Mrs. Petersen submitted an Overtime Report for the period July through November. Mrs. Prettyman and Mrs. Bartkovich requested information regarding specific items presented in the financial report from the Director of Finance.

Sharptown Volunteer Fire Company: Terms and conditions of the appropriation made available to volunteer fire service in the County’s budget have been met by Sharptown Volunteer Fire Company. The department requests the hire of a full-time paramedic. Although a second full-time paramedic is not applicable, a list containing names of those who perform the responsibility is attached, together with a cost of $16,889. Mrs. Petersen requests approval for the first full-time paramedic and direction for the $16,889. On motion made by Mrs. Prettyman, seconded by Mr. Dashiell, and unanimously carried, Council approved the appropriation for the first full-time paramedic and held the second request for additional information.

Permits to Operate: On motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council approved the following:

Whitehaven Bed and Breakfast, located at 23844 River Street, Whitehaven, Maryland, for the period beginning June l, 2003 and ending May 30, 2004, unless revoked sooner.

Chesapeake Inn, located at 712 N. Salisbury Blvd., Salisbury, Maryland, for the period beginning June 1, 2003 and ending May 30, 2004, unless revoked sooner.

Days Inn-Salisbury, located at 2525 N. Salisbury Blvd., Salisbury, Maryland, for the period beginning June l, 2003 and ending May 30, 2004, unless revoked sooner.

AMDM, LLC, d/b/a Hampton Inn, located at 121 E. Naylor Mill Road, Salisbury, Maryland, for the period beginning June 1, 2003 and ending May 30, 2004, unless revoked sooner.

Salisbury Investment Group, located at 2701 N. Salisbury Blvd., Salisbury, Maryland, for the period beginning June 1, 2003 and ending May 30, 2004, unless revoked sooner.

MUNIS Financial Management System: Mrs. Petersen requested that Council approve the contract from MUNIS for the new financial management system, pending minor clarifications relating to comments from the County Attorney and Director of Information Technology. The contract is for that portion of the MUNIS system that will allow the Department of Finance to bill taxes and process receivables related to taxes. Mrs. Prettyman questioned when the decision had been made to purchase a new system from MUNIS. Mrs. Petersen responded when the current vendor was experiencing financial difficulty, she was instructed to look for another vendor and MUNIS was chosen at that time. Mrs. Prettyman was also concerned about leaving an AS400 environment, and stated that because MUNIS had included so many different "critical problem" scenarios in its "Definitions and Response Time Summaries," she believed that meant MUNIS had experienced these problems in the past. Mrs. Petersen responded that being the case, it also meant that MUNIS had probably found solutions to correct them. While she expressed reservations, Mrs. Prettyman stated she would support the request. On motion made by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council granted approval.

John Ellis,

Chief Accountant presented Highlights Significant Year-to-Date Transactions, together with supporting graphs.

Edgar A. Baker, Jr. County Attorney

Public Hearing: NOTICE IS HEREBY GIVEN, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland proposes to consider the request of Culver, Culver & Dunsten, L.L.C. for the removal and replacement of 4.62 acres of a forest conservation easement located on Parcel 144 of Wicomico County tax map 37, consisting of 4 parcels or areas designated for forest conservation on the northwesterly side of but not binding upon Pemberton Drive and bounded on the southwest by the Turtle Creek subdivision. The replacement easement, at the rate of 2 to 1, shall be located on property owned by Ronald and Patricia Fisher, designated as Parcel 23 on Wicomico County tax map 63, and shall consist of 9.24 acres of land. The request has been reviewed and approved by the staff of the Wicomico County Planning, Zoning and Community Development. Mr. Baker advised that one of the conditions of the staff recommending the replacement easement is that a 20’ wide landscape screening buffer be maintained between Turtle Creek Subdivision and Heritage Subdivision. Heritage has received approval for the landscaping but did not include the landscape buffer. It would be staff’s recommendation that should Council approve the proposal, it be subject to this condition.

Public Comments: Mr. Jamie Hammond, Turtle Creek Subdivision: the recommendation for a 20’ buffer was presented during a meeting of the residents of Turtle Creek. It was discussed that the buffer be no less than 30’ feet and 50’ to 60’ in some places. Does not feel the 20’ buffer is enough.

Kevin Parsons and Jay Porter, Becker-Morgan Group: used a drawing to describe the location in questions. Would like to preserve some options in providing a more organized landscape buffer. Plan is being developed as an overall infrastructure; shows roadways, stormwater management ponds and as each section of the development proceeds, they will each have to submit a comprehensive development plan that does include landscape requirements.

Council Comments: Mrs. Prettyman asked why a 20-foot buffer is now proposed? Planning Director, Jack Lenox, advised that the 35' is the Forest Conservation area; which means the trees in this area must be preserved, but a formal barrier cannot be planted. A landscape buffer of 20' is twice the minimum width for a buffer adjacent to a multi-family use, and can be planted with effective screening.

Following discussion, on motion made by Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, Council approved the proposed forest conservation easement relocation for Turtle Creek Subdivision, contingent upon the agreement to install and maintain a 20’ wide landscaping buffer along the Turtle Creek Heritage Subdivision shared property line. All landscaping designs for this buffer must be reviewed and approved by the Salisbury/Wicomico Planning Commission pursuant to the Comprehensive Development Plan review process prior to the initiation of construction.

PUBLIC WORKS

P. Rai Sharma, Director, reported work on the Wetipquin Bridge is progressing and on schedule.

Request for Traffic Signal: Mr. Sharma reported Dr. Bernard Dormer a resident on the corner of Pine Bluff and Camden Avenue called with concerns over speeding traffic and increased accidents in this area. Dr. Dormer recalled that in l998 a consultant was contracted to conduct a study of the intersection to determine whether it warranted a traffic signal; at that time it did not however by recommendation from the consultant appropriate signage was posted. Dr. Dormer requests another study be conducted to determine if there have been any significant changes. Mr. Sharma advised that he has contacted the consultant and received a proposal to conduct a study in the amount of $5,000; which he can expend from his budget upon Council approval to go forward. On motion made by Mrs. Prettyman, seconded by Mr. Dashiell, and unanimously carried, Council authorized Mr. Sharma to conduct the study. Council suggested and Mr. Sharma concurred, to contact the State Highway Administration for local engineering support.

Fees: Mr. Sharma informed Council that building permit fees are on target; approximately 67% collected to date; review fees are over and above estimated revenues due to increased construction.

ANNOUNCEMENT OF BOND RATE: Mrs. Petersen told Council the impact of removing a negative credit watch during bad economic times sends a very positive message to those interested in purchasing the County’s bonds. Samuel Ketterman, Financial Advisor, Davenport & Company, joined the meeting. Mr. Ketterman announced that Wicomico County received seven bids with a different interest rate on each; there are 15 different maturities to the final term of the transaction. The interest rate received, 3.32356 is lower than the database for triple A rated bonds so that every single interest rate that the County will be paying over the life of this transaction will be lower than triple A index for this date; a positive to the way the market views the bonds that Wicomico County issues and also a factor too, to the fact that Wicomico County has bonds that are only out for fifteen years. Mr. Ketterman recommends making the award to Legg, Mason at 3.32356. On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously approved, Council awarded the bid to Legg Mason, Resolution No. 571. Council members individually thanked Mr. Ketterman for his expertise in this area of finance and his ensuring that Council received full comprehension of the process. He congratulated Wicomico County on receiving an excellent rate.

OFFICE OF THE SHERIFF

R. Hunter Nelms, Sheriff and Captain Doris Schonbrunner called Council’s attention to anticipated year-end Operating Budget deficiencies and its fiscal impact to substations. Sheriff Nelms presented a written summation of the fiscal situation. In fiscal year 2003-2004 the department requested $686,296 of which Council funded $387,526; $19,000 Supplemental income from the salary account used to pay for graduates of the Criminal Justice Academy; a Contingency Transfer in the amount of $7,829 for ammunition and, four vacant positions @ 6 months (half of current fiscal year) $71,746. Had Council provided requested funding, the Office would experience a $199,425 deficit. If the four vacant positions remain vacant, the deficit would be $127,679. While the Sheriff is not requesting Council action, it was their consensus to leave the positions vacant, a savings of $71,746. Mrs. Prettyman reminded Council that deputies were no longer housed at substations. Sheriff Nelms added that municipalities are making substations available to Sheriff’s personnel and the department is utilizing regular patrol deputies.

Registration of Child Sex Offenders: Sheriff Nelms recalled that the Sheriff’s Office was named the lead law enforcement agency in the County for the registration of child sex offenders, he submitted a report of registered offenders living in Wicomico County.

D.R.I.L.L. ACADEMY: Mrs. Bartkovich called attention to the invitation and announcement to receive the first group candidates at the D.R.I.L.L. Academy. She expressed concern that Russell Cooper was not invited. Not only did Mr. Cooper serve as an Inspector on site, he spent much of his personal time collecting donations for the Academy. Sheriff Nelms responded that the department had to be judicious in its list of invitees due to the confidentiality of the juvenile delinquency system and scrutiny of the list by the Department of Juvenile Justice. While she understood the reasoning, Mrs. Bartkovich felt it a way of appreciating his dedication. Sheriff Nelms reiterated the agency’s appreciation for Mr. Cooper and his dedication to the project. He also announced that a pond on the site of the Academy had been named in honor of his significant contributions.

WICOMICO TRANSIT ADVISORY COMMITTEE

Advisory Committee: Dr. Judith Sensenbrenner, Health Officer and Rick Dwyer, Shore Transit, advised that Wicomico Transit has been operating under of the auspices of the Tri-County Council for the Lower Eastern Shore of Maryland, in direct coordination of the Shore Transit public transportation system. In light of this transition and to avoid duplication, the Wicomico Transit Advisory Committee recommended the disbandment of the committee at its November 2003 meeting. Since a Tri-County Transportation Advisory Board will be formed, the present committee offered the following recommendations to the proposed schedule:

· Appoint an alternate member for each appointed member on the new board

· Set up bylaws (specifically absentee bylaws)

· Ensure the right people are appointed

· Have each county represented in the “At Large” positions (with voting rights) by increasing proposed membership from 1 member to 3 members

· Provide definition for “Special Needs/Disabled Organization” category

· Provide list of organizations in existence in each county to group them for clarification

In addition, the Wicomico Transit Advisory Committee recommended the following appointees to the Tri-County Transportation Advisory Board: Health Department Representative: Judith A. Sensenbrenner, M.D., M.P.H., Health Officer; (Alternate: Lori Brewster, Deputy Health Officer) Transportation User: Maria Grover (Alternate – Jamal Cannady) Human Service Organization: Thelma Price, Deer’s Head Dialysis Unit (Alternate – Candace Wallace, Deer’s Head Dialysis Unit) At Large: Jim Magill, Wicomico/Salisbury Planning & Zoning Commission (Alternate – Phillip Tilghman, former Wicomico County Councilman). Council expressed concern that Mr. Dodd had represented Wicomico County on the first Advisory Board and was not included on the proposed list. Mr. Dwyer explained the concept is that each county would have one elected official as a voting member; Ron Dyson, Board of Education, would be the alternate for Wicomico County. On motion made by Mr. Dodd, seconded by Mrs. Bartkovich, and unanimously carried, Council agreed to disband the committee, accept the recommendations to the proposed schedule and confirm the appointees to the Tri County Transportation Advisory Board, with the understanding that Wicomico County be represented and more specifically, Council member Larry Dodd be reinstated. Mr. Dwyer will take Council’s contingency to Mike Pennington, Tri-County Executive Director, for response.

DEPARTMENT OF CORRECTIONS

Director Douglas Devenyns submitted a Proposed Intergovernmental Service Agreement between Wicomico County and the Department of Homeland Security, Bureau of Immigration and Customs Enforcement, for Council consideration. The County Attorney has reviewed the Agreement and deems it ready for authorized signature. Mr. Devenyns highlighted specifics of the Agreement calling particular attention to: fixed not reimbursable costs; annual contract review; mandatory submission of financial information; miscellaneous reimbursements; access to federal surplus property; contractual changes; and rent from the federal government for office space. Mrs. Prettyman felt it noteworthy to recognize the commitment to Wicomico County by the Federal Government and US Marshal to rent out the 136 beds at a rate of $58.51, which adds an approximate $400,000/year in additional revenue to Wicomico County. Mrs. Prettyman motioned for approval, seconded by Mr. Taylor, and unanimously carried. Council authorized President Sarbanes to sign on behalf Wicomico County.

DEPARTMENT OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT

Director Jack Lenox recalled that $70,000 was included in fiscal year 2004 in the category, Office of Code Enforcement, to provide additional enforcement capacity for the County Nuisance Code. Council’s consideration is requested for the hire of an Inspector. He advised the Director of Human Resources approved the job description and grade, consistent with the adopted County classification system at an annual salary of $23,038. Other costs include benefits, office set-up, equipment/supplies and auto purchase. Mr. Lenox stated the position is a lower than anticipated grade however, halfway through the fiscal year a surplus of $29,000 is anticipated. Permission to fill the position is requested together with budget adjustments necessary to put the program into effect. Mr. Dodd stated that while he is in favor of a hiring freeze, he sees the necessity of the job and therefore motions its approval. Mr. Taylor seconded the motion and it was unanimously carried.

Development Excise Tax/Impact Fees - Strategic Planning: Council previously agreed to proceed with arrangements for Tischler and Associates to complete the financial analysis necessary to support the establishment of a development excise tax and/or impact fees, at a cost of $55,200. Authorization is requested to finalize an agreement, transfer $24,000 from Code Enforcement and $31,200 from Salaries, to Operational Expenses/Contractual Services. In addition, Mr. Lenox seeks approval to proceed with contracting Memo Diriker, BEACON, to facilitate a Strategic Planning process at a cost of $5,000. Funds would be transferred from Code Enforcement to Operational Expenses/Contractual Services. Mr. Long motioned to approve. Mr. Dashiell seconded the motion and it was unanimously carried.

PUBLIC WORKS

For information purposes, Mr. Sharma announced construction of a new development adjacent to Harbor Pointe in the City of Salisbury. He advised that work would begin along Pemberton Drive within the next few weeks and while the road will not close, there will be single lane traffic at times. Flagman will be posted at both ends. Expect one-lane traffic during daylight hours and both lanes opened during evening and night hours.

PUBLIC COMMENTS

Mr. Russell Cooper thanked Mrs. Bartkovich for her concern that he was not invited to the ceremony to receive the first group of candidates at the D.R.I.L.L. Academy. He recalled, at the inception of the project two requests were made, that he witness the first group of candidates, and a year later, see the results. While he respects the Sheriff’s judgment not to breech confidentiality of the candidates, he informed Council that during his military experience he attained a high ranked security clearance, which speaks of his character and integrity. Mr. Cooper expressed that he feels as if his credibility has been challenged and that it became apparent when he questioned and demanded specifications be followed; which he feels was his charge as an Inspector.

Mr. Woody Mills, 413 Keene Avenue, Salisbury, Maryland, came before Council to advocate for additional Sheriff’s deputies. He told Council of neighborhood break-ins and unnerving experiences, for which he has taken what he feels are mandatory steps for his personal protection. While he recognizes budget constraints have caused substations to close, he encourages the restoration of law enforcement personnel, particularly in his neighborhood. Sheriff Nelms advised he was not aware of the Mr. Mills’ specific problems however he offered to avail himself for discussion and thanked Mr. Mills for his interest in the community and for the department. Mr. Taylor expressed his concern over having to close the substations although financial constraints called for such measures. Further, that he has personally monitored his district in an effort to deter and determine unlawful activity however, without reported activity no one can respond. Mr. Taylor thanked the gentleman for bringing his concerns to the Council, which for him confirms a resurgence of activity. Sheriff Nelms will monitor the situation.

COUNTY COUNCIL COMMENTS

Mrs. Bartkovich wished to congratulate Willards Volunteer Fire Department for its receipt of a grant in the amount of $36,690 to buy a fire safety house for the purpose of educating citizens. The house will be shared with the entire County.

The Wicomico County Council expressed sincere wishes to everyone for a wonderful holiday season.

With business concluded, Mr. Dodd motioned to adjourn the Executive Session and in compliance with Section 10-(508)a, subsections 13 and 1 of the Government Articles of the Annotated Code of Maryland, hold a closed session. The motion was seconded by Mr. Long, and unanimously carried.

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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

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Theodore E. Shea, II, Administrative Director