December 21, 2004
The Wicomico County Council
met in Executive Session on
10:00 a.m. in Council
Chambers, Government Office Building, Salisbury, Maryland. Present 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 a motion to approve the Minutes of December 7, 2004. On motion of Mr. Long, second by Mrs. Bartkovich and unanimously carried, the Minutes of December 7, 2004 were accepted as amended.
Theodore E. Shea, II, Administrative Director presented the following items of business for Council’s consideration:
The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2004-2005 for the month of December, in the amount of $35,035, contingent upon Council approval. On motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council authorized the transfers.
The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2004-2005 for the month of December, in the amount of $84,552. Council action is not required to transfer within categories.
In accordance to a gentlemen’s agreement to make transfers between categories under $1,000, the Board reported transfers for the month of December in the amount of $1,991. No action is required.
Mrs. Prettyman called attention to the State of Maryland Public School Construction Program, FY 2006 IAC Recommendations for Capital Improvements and, that the report indicates three projects, North Salisbury, Addition/Renovation; Prince Street, Addition/Renovation and Delmar, Relocatables (4), are in jeopardy of deferment due to fiscal constraints. The report also indicates that Recommendations can be appealed before the Board of Public Works in January 2005. While certain the Board would appeal, Board of Education Comptroller Bruce Ford stated, that an unsuccessful appeal could possibly affect other pending project funding.
Mr. Shea, joined by Richard Parsons, Soil Conservation, recalled that Council appointed a Board of Viewers in accordance to Maryland Drainage Law for the Nebo Road Drainage Association. The Board hereby submits its report together with an updated list for the benefited area and its recommendations. The report’s acceptance by Council would move the Association to a Public Hearing to finalize the establishment. On motion made by Mr. Taylor, seconded by Mr. Dodd and unanimously carried, Council accepted the report and authorized the County Attorney to set a Public Hearing Date. The date was set for February 1, 2005, 11:00 a.m.
In accordance with Article 23A, Section 19 of the Maryland Code, Wicomico County has received notification from the City of Salisbury of an annexation petition for the aforementioned. The City of Salisbury has determined the business meets qualifications for designation and recommended approval at its December 20th meeting. On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council concurred with the City’s recommendation.
Jack Lenox, Director of Planning, came before Council to request that a Fine Account be established for the Forest Conservation Fund. These fines are imposed for excessive encroachment into County-held Forest Conservation easements. The funds would then be used to ensure future protection of other forested areas within the County. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council approved the request.
Linda Hardman, Director for Wicomico Partnership/Local Management Board recalled that Community Partnership funds were awarded to the Local Management (LMB) in FY 2000-2005 for the purpose of systems reform initiatives to create a continuum of service delivery for families and children in Wicomico County. The Sheriff’s Department and Board of Education received funds toward the D.R.I.L.L. Academy project under the Juvenile Alternative strategy and, since the Academy has closed the LMB is mandated to reclaim the assets to reallocate to other youth-served programs in the County. In this particular case the equipment purchases are computers. Ms. Hardman recommends the following action to reclaim the equipment:
1. Dedicate computer equipment and software purchased by Board of Education for educational component to the New Day Youth Development Center currently located at the Salvation Army (17 computers total). The program provides services to middle school youth who are suspended to address issues that are barriers to their learning in school.
2. Allocate electronic equipment such as digital camera, camcorder, and DVD/VCR player and screens to LMB and Community Partnership programs for training and public outreach purposes.
3. Tables, chairs, desks, additional computer equipment and other furnishings purchased through LMB funding as noted on inventory lists, would be distributed to other youth serving programs with priority given to Community Partnership Initiatives.
4. Supplies up to $31,000 purchased through Community Partnership grants should be donated to community organizations serving families in our region.
In conclusion, the Local Management Board would like to act as the planning entity for services for families and children. The Board also recommends convening a review committee to study options for utilizing the D.R.I.LL. Facility. Council members expressed support to utilize the LMB as a resource board and, on motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, the recommendations were accepted. Mr. Taylor shared that he recently met with Secretary Montague, Maryland Department of Juvenile Justice. In his discussions one of the Secretary’s suggestions was to add two additional appointments to the Advisory Board. Ms. Vicki Wrenn, Worcester County Department of Juvenile Services, will act as a liaison between the Consultant and State and, Advisory Board. The Board will be contacted in the very near future with other pertinent information.
Statement of Latest Investment Rates/Balances for all County Funds
Patricia Petersen, Director of Finance submitted the Financial Report. Total General Fund balance, $406,058, Capital Project Fund balance, $34,860,848; Total Major Non-designated Funds, $53,495,376; and Total Reserve Funds of $6,171,215. Contingency Funds used to date $174,269, Fund balance $725,731.
Highlights of Significant Financial Transactions
Mrs. Petersen also reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through November 2004.
Mr. Sharma advised that salt trucks were dispensed during the recent snow. He also wished Council to know that the department did not receive any calls regarding serious mishaps due to road conditions.
On motion by Mr. Dashiell, seconded by Mrs. Prettyman and unanimously carried, Council accepted the following street into the County’s Road System: Grist Mill Drive, Mockingbird Manor, Section III.
Dr. Judith Sensenbrenner, Health Officer and Mary Phipps-Dickerson, Director of Environmental Health, came before Council to propose fee increases for food service and well fees, to bring them into parity with surrounding jurisdictions and to cover the cost of the service. Below is the proposed fee matrix.
Proposed Fee Increases
12/15/2004
|
|
Wicomico, current |
Wicomico, Proposed |
|
Food License H&M |
$150 |
$200 |
|
Temp Food License Special Events |
$40 |
$60 |
|
Food Facility Plan Review |
$100 H & M $50 Low |
$150 initial,
$50 per revision |
|
Land Eval |
$250 per lot Full amt. due at time of
application |
$300 per lot (<5 lots) includes
piezometers, ----------------- $250 per lot (if consultant installs
piezometers) --------------- Full amount due at time of application, |
|
Sewage Reserve area revision,
re-eval |
$75 |
$300 for full LE if greater than 30% shift in
sewage reserve area ----------------- $150 if less than 30% shift in sewage reserve
area |
|
Plat Rev |
$150/ 1-5 lots $50 @ Additional lot Property line Revision, |
$50 ----------------- Per lot or parcel with
OSDS ----------------- For plats on S/W
(regardless of # of lots) ----------------- For lot line revisions ------------------ For each revised
submission |
|
Site Plan Review |
$30 |
$50 |
|
Sewage Permit New |
$175 |
$225, includes initial meeting and layout |
|
Sewage Replacement Tank &
drain field |
$125 |
$175 for drain field, with or without tank |
|
Replacement Drain field Only |
$100 |
$175 for drain field, with or without tank |
|
Replacement Tank Only |
$50 |
$100 |
|
Water Sample Fee |
$50 |
$50 $10 per sample over 5 |
|
Well Permit |
$80 |
$160 Includes 5 samples, $10 each additional sample |
|
Any License Renewal, late fee |
$25 |
$50 fee 1-30
days late, ------------------ $100 fee If over 30 days |
Discussion ensued regarding fee reductions and exemptions for nonprofit organizations. Mr. Dashiell requested and Council concurred, that the Health Department provide Council with a list of those facilities currently receiving an exemption, those Council should consider granting an exemption and, the estimated cost of granting exemptions.
Dr. Sensenbrenner inquired whether the County would consider paying her staff overtime through the County payroll system. She is not requesting any County funds but to use surplus money in her budget. Dr. Sensenbrenner explained that the State of Maryland does not allow her to pay staff overtime for compensation earnings, the employee receives compensation hours - which means the service of that employee will be lost whenever the time is used. Dr. Sensenbrenner told Council that over the last three months her staff has accumulated 369 hours of overtime. She is concerned that employees will loose compensation hours if not used, but she is equally concerned that appropriate staff would not be available during these absences. Council members agreed the matter requires discussion with the County’s Director of Human Resources. On question of whether the Health Department could use the services of contracted employees, Dr. Sensenbrenner felt the level of experience and knowledge was such that she would not recommend investing in contracted employees. Generally, persons with this level of experience are not seeking part-time work. Following discussion, on motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the fee increases as requested, effective February 1st with appropriate public notice.
At eleven o’clock a.m. a public hearing was held for two amendments to the Wicomico County Water and Sewer Plan; allowing inclusion of an existing industrial plant and a proposed residential development. MaTech, which is located just outside of Hebron, Maryland, proposes to replace their sewage system with a package sewage treatment plant and, University Village, which is a 147 unit apartment complex located at the end of Onley Road, to be served by public water and sewer from the City of Salisbury.
Mr. John Plummer stated that MaTech currently has a limited sewage disposal area and wishes to expand their operation. Their concern is that the existing approved area would ultimately fail and they would have nowhere to go, they are surrounded by wetlands.
There were no public or Council comments. On motion made by Mrs. Prettyman, seconded by Mr. Long, and unanimously carried, Council approved the request for MaTech.
There were no public comments for University Village. On call for Council comments, Mr. Long stated, this is a great project and will serve a very useful need. Toward that end, he offered a motion to approve. Mrs. Prettyman seconded the motion and it was unanimously carried.
Ms. Sharon Scheuer, Executive Director and Glenn Irwin, Project Director, Ocean City Development Corporation, came before Council to present the Blue Crab Scenic Byway Corridor Management Plan; which will lead to the development of a signed touring route through the Lower Eastern Shore Heritage Area. The Plan is also being submitted to the State Highway Administration for approval to become a state designated scenic byway and eventual designation as a National Scenic Byway. With nearly 800 sites including rivers, landings, Indian Trails, beach trails, African American sites, museums, heritage/ cultural tourism sites and historic mansions, Mr. Irwin added that the byway would connect the three scenic byways in the Tri-County area. The 210-mile corridor would create a master scenic byway to promote heritage tours while identifying road safety and educating travelers. Following the presentation, on motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council agreed to provide a letter of support to endorse the project.
On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council adopted the following Resolution. A RESOLUTION of the County Council of Wicomico County, Maryland (the “County Council”) sitting in Executive Session, providing for the issuance and sale by Wicomico County, Maryland (the “County”), upon its faith and credit, of a general obligation installment bond in the principal amount of Five Hundred Thousand Dollars ($500,000) pursuant to the authority of Section 5(P) of Article 25A of the Annotated Code of Maryland, as amended, the Charter of the County and Bill No. 2003-1 of the Legislative Session of the County Council passed and adopted on October 7, 2003, the bond to be designated “Wicomico County, Maryland Taxable Public Improvement Bond of 2004”, the proceeds thereof to be used by the County for the public purpose of providing funds, together with funds from other sources, to finance (including by reimbursing prior project expenditures) the cost of all or a portion of the capital project identified in Bill No. 2003-1 as Wor-Wic Community College - Water & Sewer Extension; prescribing the form and tenor of the bond and the terms and conditions for the issuance and sale thereof by private sale to SunTrust Bank; providing for the expenditure of the proceeds of such bond; pledging, subject to any lawful limitations on the County’s taxing power set forth in the Charter, as that taxing power may relate to the bond, the faith and credit and taxing power of the County to the payment of such bond; providing for the levy and collection of the taxes necessary for the prompt payment of the principal of and interest on the bond as it comes due, subject to any lawful limitations on the County’s taxing power set forth in the Charter, as that taxing power may relate to the bond; ratifying, confirming and approving the engagement of bond counsel and the financial advisor to the County; and generally relating to the issuance, sale, delivery and payment of and for the bond.
Director Gary Mackes recalled that during the last work session Council reviewed the Proposed Enterprise Budget for the calendar year 2005. Completely funded by users fees, Mr. Mackes provided highlights of major categories contained within the proposal. Staff estimates $941,151 will be generated next year to fund the various self-sustaining recreational programs. Mrs. Prettyman called attention to a variation in fees for boat slips. Mr. Mackes explained that rental rates at Cedar Hill Park will increase by 5% due to the increased costs of doing business, providing lighting and water treatment. At the same time, Nanticoke Harbor will not experience an increase because the water is not treated, there is no lighting and the cost of business is about the same. Renewal invoices will be mailed within the next week. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the Budget as submitted.
Mr. Mackes recalled Council’s work session wherein the position of Sous Chef was discussed. He reiterated that the position does not require a tax appropriation, but is funded through the Enterprise, catered events. Mr. Mackes further reported an increase in events over the past two years, that the current Chef does not have a backup if needed and that the competitiveness of catering warrants the position. Having reviewed the position during its work session, on motion made by Mrs. Bartkovich, seconded by Mr. Taylor and unanimously carried, Council granted approval.
In an effort to redevelop the site of the former Salisbury Mall, Mr. Mackes advised that the Tourism Board appropriated $7,000 to undertake a hotel feasibility study to determine the feasibility of operating a hotel with and without an entertainment complex. Subsequently, he requested assistance from the Maryland Department of Business and Economic Development. DBED is willing to fund up to $5,000, the cost of the study is $10,000. The feasibility study will solicit interest in development and will be made available to companies or investors. The study will also include information about tourism, a business plan, the Civic Center and other demographics to assist in their making a decision. Mr. Mackes suggested that hotels with other amenities attract larger numbers of guests. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council adopted a Resolution authorizing the Tourism Board to solicit grant funds in the amount of $5,000.
Mrs. Norma L. Barkley, Program Chair, Tri County Organizations’ Coalition came before Council regarding misinformation surrounding the annual Rev. Dr. Martin Luther King, Jr. Banquet Celebration. The 2005 event, by invitation of the historically Black university, will be held on the campus of the University of Maryland Eastern Shore; which moves the celebration from its 19-year site at the Wicomico Youth and Civic Center. Mrs. Barkley wished to be clear that moving the event was not intended to shed any negativity on the Civic Center nor its staff, who have worked with the Organization and provided a tremendous support over many years. While the location is a new experience, Mrs. Barkley stated it remains to be determined where upcoming celebrations will be held. She reminded Council the Organization is Tri County and could be held in any of the three Eastern Shore Counties. Also, it is the intent that revenues generated from the souvenir journal, which is compiled every five years, be donated to the University. The Organization donates $10,000 every five years to be held in scholarship for students.
Mrs. Prettyman stated she wished to discuss a letter from John Plummer and Associates with Council members during their closed session. She also questioned the timeline to respond to a request from the Fraternal Order of Police. Mr. Shea responded that the Director of Human Resources and County Attorney would have to determine what information is actually being requested and what is available under the Freedom of Information Act.
Council members expressed Seasons Greetings to employees, families and constituents of Wicomico County. Special Greetings were extended to families with members serving in armed forces and personally to those who serve.
The County Council reserves the right to close a portion of this meeting as authorized by
Section 10-(508) a of the State Government Articles of the Annotated Code of Maryland. Mr. Dodd motioned to close the meeting. Mr. Taylor seconded the motion and it was unanimously carried to discuss contract negotiations and a personnel issue.
There being no further business to come before the Council, the meeting was adjourned.
________________________________________
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