Wicomico County Council Minutes of Meeting

August 20, 2002

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, August 20, 2002 at 10:00 a.m., Council Chamber, Government Office Building, Salisbury, Maryland. Present were: L. Russell Molnar, President; Rebecca Taylor-White, Vice President; Philip L. Tilghman, Edward T. Taylor, Stevie Prettyman, and A. David Ennis. Marvin R. Long was absent due to surgery.

President Molnar brought the meeting to order and called for any additions or corrections to the Minutes of August 6, 2002. With no discussion, the minutes were approved as submitted.

Mr. Theodore E. Shea, II, Administrative Director, recalled during recent sessions, Council submitted a list of nominees to the Property Tax Assessment Appeals Board. These names were forwarded to the Governor’s Appointments Secretary for consideration, however, one nominee requested to have her name withdrawn, another nominee has been disqualified and a nominee has not responded. The Governor’s Office is now asking that Council submit at least two other names for consideration. Council will act on this request at the September 3 meeting.

Mr. Clifford Shahan and Mr. Mike Stein, representing East Side Men’s Club, came before Council to discuss the Club’s request for a tax exemption. The non-profit organization provides services to the community, including donations to multiple programs. Donations were decreased this past year with the organization experiencing a loss, however, fiscal changes continue to improve. During the past year, organizations such as the Salvation Army, Salisbury Little League, Wor-Wic Community College and Coastal Hospice have received donations. The Club is currently working to assist an individual with medical costs associated with a kidney transplant. Mr. Tilghman remarked that after hearing Mr. Stein’s explanation for the request, he would motion to approve the request for the current year. Ms. Taylor-White seconded the motion.

Mr. Stein then responded to questions from Council members. The motion was then carried unanimously.

Mr. Molnar called attention to Ms. Hanna Fooks Sterling, who attended the meeting with her grandmother, Mrs. Ann B. Suthowski. Ms. Sterling wished to tell Council that she would like to see her grandmother on the County Council. Mr. Molnar thanked Ms. Sterling for her attendance.

Mr. Shea introduced Ms. Glenda Roberts as the newest staff member of County Administration. Mr. Molnar welcomed Ms. Roberts on behalf of the Council.

F. D. Eure, Inc. has requested a tax exemption for fiscal year 2002-2003 on machinery and equipment used in the conduct of business in Wicomico County. Mr. Tilghman and other Council members remarked that such requests are automatically renewable, thus, no action is required.

Mr. Shea reported, the Wicomico County Health Department has submitted an invoice from Dunn’s Tractor Service in the amount of $600.00, including $388.30 tipping fees, for clean up of property located at 700 Rose Street, Salisbury, Md. Under Chapter 174 of the County Code, costs of abatement of correction shall become a lien against the property and shall be collected in the same manner as real estate taxes. On motion of Mr. Tilghman and a second by Mr. Taylor, Council unanimously approved payment of the invoice and the resulting lien. Mr. Sharma asked staff to assist in identifying a mechanism that would automatically return tipping fees collected to the Landfill account.

Council chose to defer any action on appointments to the Local Advisory Council, Wor-Wic Community College, to its first meeting in September.

E. Bruce Ford, Comptroller for the Board of Education, has submitted a request for transfer of funds between major categories of its FY 2002-03 Annual Budget, in the amount of $49,600. Requiring Council’s concurrence, Mr. Tilghman motioned for approval, which was seconded by Ms. Taylor-White and unanimously carried. Council also concurred with transfers of funds within major categories in the amount of $13,450.

Mr. Shea referred to a letter received from the Board of Education acknowledging Council’s inclusion of an additional $300,000 in the Capital Improvements Budget for a six-classroom addition to Pittsville Elementary School.

At the request of Bennie Smith Funeral Homes, upon motion made by Mr. Taylor, seconded by Mrs. Prettyman, and unanimously carried, Council approved assistance with burial costs for the late Charlene Hoskins, in the amount of $400.00.

Mr. Shea announced a memorial tribute to all who gave on September 11, 2001 by the City of Salisbury Fire and Police Departments, together with other local emergency service organizations, to be held on September 11, 9:15 a.m., Government Office Building. He also distributed a list of events throughout the County in recognition of this tragic event.

Mr. Shea reported two of the four air conditioning units serving the Flanders meeting rooms at the Civic Center have failed. The units are part of the original equipment dating back to 1977. The scope of work entails provision and installation of one 12.5 ton and one 15 ton unit. The work would be performed out of current budget however as an unanticipated expense, could create a $16-!7,000 year-end shortfall.

At Council instruction Frederick Harris Purchasing Agent reported results of requests for proposals for the redesign of the Council Chambers. Proposals were received from Cole and Russell, who specialize in courtroom and chamber type design, $8400 plus cost reimbursables and Electronic Interiors, Inc., $9,000 plus reimbursables. Electronic Interiors recently completed the reconstruction of the Ocean City Council Chamber. General Services Superintendent Frank Buob proposed to redesign tables and use the same room structure, at a cost between $6,950-$15,525. Submitted in 2000 Mr. Harris suggested a 15-19% cost adjustment. In response to Ms. Taylor-White’s question of participation by the City of Salisbury, Mr. Harris while not having any supporting documentation stated the assumption is that the City would be asked to share costs. To that end, Mr. Shea shared that discussion with the City regarding the layout of the room indicated there were no funds available for a redesign project. Council members agreed not to expend $9,000 to redesign the Chamber but suggested that General Services staff travel to Ocean City to view the Chamber for guidance on how to proceed.

Messrs. Ed Donahue, Parsons Asset Management and John Stern, Chair, Performance Audit Committee, came before Council to submit its final report. Formed in 2001 to do a performance audit of Wicomico County and the Board of Education, Mr. Stern shared that goals of the project were (1) to prepare a diagnostic review and comparison of the County and Board of Education to other government units, (2) to identify improvements with timely implementation with little or no additional costs, which hold the promise of immediate service improvement or cost savings (3) identity areas which appear to have the potential for cost savings but would require additional investigation (4) identify revenue enhancements the County should consider. Mr. Donahue opined that Wicomico County receives good value for the money spent and that while the purpose of this study was not to find improprieties, there were none identified. The report does suggest however, that a fine-tuning and unification of certain services could produce savings on the County budget. He further opined based on available data, historical trends and the economy, that the County could experience a permanent deficit within the next two years thus, unable to continue to provide its current level of service. He suggests Council establish a committee to begin prioritizing which services to reduce or eliminate and toward that end, submitted what is deemed major recommendations:

· Establish Asset Management Program

· Develop Integrated Information Technology Plan for County and Board of Education

· Overhaul Compensation System

· Audit Utility Costs

· Revise Pension Plans

· Consolidate Support Functions of County and Board of Education

· Establish Central Commissary

· Establish Public Safety/Fire Protection District

· Enhance Internet Applications

· Develop Staffing Plan for Board of Education

· Centralize Purchasing

· Update/Document IT Emergency and Disaster Recovery Plans

· Implement Impact Fees

· Implement Transfer Tax

· Implement PILOT for Salisbury University

· Enhance Liquor Control Board

Each Council member expressed appreciation for the time and study of the Committee, that the report offers equitable means to gain revenues and that the County will continue to work in the best interest of its citizens. Mr. Tilghman asked his colleagues to support the Committee remaining active at least the first six months of the next Council’s term to continue review of the recommendations. Council concurred and Mr. Stern accepted on behalf of the Committee. Dr. George Whitehead, President, Board of Education, and other Board representation present, encouraged Council to allow the entities to work together on recommendation pertinent to the Board. Council concurred. Dr. Whitehead introduced Dr. Charlene Cooper Boston, the new Superintendent of Schools for Wicomico County. The report will be made electronically available.

John Ellis, Chief Accountant, submitted the Statement of Latest Investment Rates/Balances for All County Funds as of August 20, 2002, which reflects a total General Fund balance of $745,121; Capital Project Fund balance of $21,190,610. Total Major Non-Designated County Funds $35,957,300, Total Designated Reserves and "Rainy Day" Reserve Funds, $4,788,859. Room Tax Collections for the Month of June together with delinquent accounts were reported. The County Attorney will discuss misconception of delinquent tax responsibility with the Finance Director. Mr. Ellis also shared a report of significant year-to-date transactions for the General Fund, with supporting graphs.

P. Rai Sharma, Director of Public Works, Roads and Solid Waste, announced Tire Amnesty Day, September 14. This allows Wicomico County households to dispose of up to ten tires each.

Mr. Sharma requested the purchase of a used water truck to help meet permit requirements to control airborne matter. Due to extreme dry conditions, it has become difficult to remain within allowable limits developed by Maryland Department of Environment Air and Radiation Management Administration. A new truck would cost in excess of $90,000 however, a used truck can be purchased for $15,000 and, for an additional $14,000 could be properly equipped. He requested a supplementary appropriation from the Solid Waste Enterprise Fund in the amount of $29,000. Upon motion made by Ms. Taylor-White, seconded by Mr. Ennis, and unanimously carried, Council approved the request.

For information purposes, Mr. Sharma reported the temporary closing of a Zion Church Road to replace aging piping. Heavily used by Perdue Farms, notification has been forwarded to the company and to property owners.

Upon motion made by Mr. Tilghman, seconded by Ms. Taylor-White, and unanimously carried, Council awarded the bid for chip seal surface treatment to American Paving Fabrics, Inc., in the amount of $267,343.

Upon motion made by Mr. Tilghman, seconded by Mr. Ennis, and unanimously carried, Council awarded the bid for slurry seal to Slurry Pavers, Inc., in the amount of $138,821.50.

Upon motion made by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council awarded the bid for hot mix asphalt paving to IA Construction, in the amount of $626,854.88.

Upon motion made by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council awarded the bid for cold mix asphalt patching material to IA Construction, in the amount of $16,537.50.

Mr. Sharma recalled his request to Council to search for a company to purchase and use methane gas produced as a byproduct of the landfill. A Request For Proposals has been completed and he seeks Council concurrence to move forward. Council concurred.

A request to reduce the speed limit on Moon Glow Road has been received. Mr. Sharma recommends a reduction from 50 to 30 mph. Upon motion made by Ms. Taylor-White, seconded by Mr. Ennis, unanimously carried, Council approved the reduction.

Mr. Sharma announced the Annual Firemen’s Muster, September 14 and 15th . The parade will require temporarily closing certain County roads.

Mr. Sharma submitted the Litter Control and Ditching Reports.

With regard to the ongoing parking problem in the area of Salisbury University, Mr. Sharma requested a portion of Loblolly, from Taney Avenue to Douglas Road, be included in the no parking district. Upon motion made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council approved the request.

In response to Mrs. Prettyman’s request for an update on ferry, Mr. Sharma reported the ferry is under repair and hopes are to have in back in operation within two weeks.

Sheriff Nelms reported a deposit in the County General Fund in the amount of $26,073 from assets seized during the course of an investigation of illegal smuggling activities. The money is forfeited by reasons of abandonment. The Sheriff requests that Council allow the money to be used to supplement unfunded budget requests. Sheriff Nelms also requested that portion of auction proceeds received from the sale of property belonging to his department, $11,033.45, to be used for fuel. In an effort to move the department toward parity, Mr. Tilghman recommended retaining the $26,073 in the County’s General Fund to augment next year’s salaries, for the department. Following discussion and the Sheriff’s expression of more immediate needs, motion was made by Mrs. Prettyman, seconded by Ms. Taylor-White, and duly carried, with Mr. Tilghman voting no, to grant the requests as submitted. Sheriff Nelms commented that outside solicitations for police officers from other counties and agencies continues to make it difficult to competitively recruit.

The County Attorney Edgar A. Baker, Jr. announced the withdrawal of the agenda item for VPI Mirrex.

Mr. Baker wished Council to establish a time to hold a Special Legislative Session on August 22nd and the subsequent Public Hearing date. Council established the following schedule: Introduction August 22nd at 2:00 p.m., Public Hearing September 12, 7:00 p.m., and adoption October 1st. The date of October 1st will also be used to introduce any other legislation.

Mr. Ennis left the meeting and is not recorded in the next discussion or vote.

Mrs. Gloria Smith, Planner, requested Council’s approval to rank applicants recommended by the Wicomico County Agricultural Preservation Advisory Board, to the Foundation, for possible easement offers. The FY 2003 slate of applicants are: William H. Cooper, Robert Stephens (Barbara Oakley District) Thomas R. Shelton #3, Thomas R. Shelton #2, Thomas R. Shelton #4, and Thomas R. Shelton #1. Upon motion made by Mrs. Prettyman, seconded by Mr. Tilghman, and duly carried, Council approved the ranking as proposed.

COUNCIL COMMENT

President Molnar recognized Mrs. Gail Barkovitch, candidate for County Council.

PUBLIC COMMENT

Mrs. Althea "Tee" O’Connor suggested a copy of the Performance Audit Committee Report be placed in the Wicomico County Free Library. Council concurred.

Mr. Ken Holland encouraged citizen participation in local government.

At this point the meeting adjourned to reconvene at 1:00 p.m.

Council reconvened in Executive Session at 1:00 p.m. Mr. Ennis did not return for the afternoon session. Mr. Long was absent.

Mr. Shea called attention to a request made to the City of Salisbury for the enforcement of a county-wide ordinance requiring residents to clean up after their pets, when exercising them. In recognition of differing implementation processes between municipalities and local governing jurisdictions, Council agreed not to move forward with the request.

Mr. Shea announced that Congressman Gilchrest will tour the Salisbury-Ocean City: Wicomico Regional Airport, August 22nd. Council members are invited to attend.

The Department of Corrections will host a seminar developed through Wicomico Partnership for Families and Children, entitled, Strength Based Strategies - Raising Responsibility and Resources, September 3 and 4, Webster’s 1801, North Salisbury Blvd., Salisbury, Maryland.

At its last meeting Council gave indication that a committee would be established to review the conversion of residential dwellings to rental housing; Councilman Long offered to Chair the group. Council expressed a desire to have representation of varied interests groups and named, the NAACP, disability group homes, municipal real estate interests and Salisbury Area Property Owners Association (SAPOA). They agreed to appoint 15 members at its next meeting, with Marvin Long as Chair. Mrs. Prettyman offered the names of William Martin and Dick Bearman, Mr. Tilghman offered Richard Insley. The Public Information Officer will compile the complete list. As a point of interest, Ms. Julia Hancock announced that SAPOA would meet tonight at 7:00 p.m. at the Library.

Mr. Shea advised the City of Salisbury tabled a proposed annexation on Pemberton Drive and questions whether the County has any plans to upgrade or widen the road. The matter has been referred to the Director of Public Works.

For information, Mr. Sharma recalled discussing the acquisition or condemnation of property pertinent to the relocation of Richland Road in Willards. He has met with Mr. and Mrs. Sydney Richardson, who agree to allow the County to relocate a portion of their property however Mr. and Mrs. Frank Richardson are not in favor of the realignment. Mr. Tilghman recalled the subject had been before Council, who authorized condemnation if necessary. Mr. Sharma will confer with the County Attorney to proceed.

Mr. Sharma reported a homeowner on Louise Avenue in close proximity to Phase II of the Northeast Collector project lodged the complaint that their quality of life has been disrupted by the construction. At Council’s direction, he obtained an appraisal before and after the project, $105,000 and $100,000 respectively. He reported the lowering of property value is caused by the exposure to traffic. Mr. Sharma then suggested Council offer the homeowner the $5,000 difference. Other options are to purchase the property, build the road then sell the property. Mr. Tilghman felt this option would set a precedent with other property owners in that area as well as in the County. Following discussion, Council instructed Mr. Sharma to move forward with negotiating the $5,000.

At its meeting of July 16th, Council instructed the Planning, Zoning and Community Development staff to return with recommendations on the establishment of a moratorium on the conversion of residential dwellings to rental housing. Ms. Lori Carter, Acting Director, Frank McKenzie, Technical Services Coordinator, Gloria Smith, Matthew Hedger and Chuck Ward, Planners and Clark Meadows, Zoning Analyst came before Council with the following recommendations:

Moratorium

According to the assessment data, 20% of the unincorporated areas of the County are non-owner-occupied single-family residential properties. Two study areas were identified. Study area #1 is bounded on the north and east by the corporate limits of Salisbury, south by the corporate limits of the city of Fruitland and on the west by the Wicomico River. Study area #2 (expanded area) is bounded on the east by Snow Hill Road and the Salisbury by-pass, on the south by Slab Bridge Creek, Fruitland corporate limits, and Sharps Creek and on the west by the Wicomico River. While it does not appear the county is experiencing the same level of conversion pressure occurring in the City of Salisbury, the two study areas were selected because of their close proximity. Following discussion, Mr. Tilghman motioned to direct the County Attorney to draft legislation to create a six-month moratorium using Study area #2. The motion was seconded by Mr. Taylor and duly carried, with Mrs. Prettyman abstaining.

Noncontiguous Transfers

After considering the impacts of Noncontiguous Transfer language, staff has concluded that the adoption of this section of the code as written would be counterproductive to programs already in place to preserve the character of the A-l District. If language is included staff recommends additional language that would prohibit development rights from being transferred from parcels that have no development potential. Following discussion, Council agreed to take the issue under advisement, have staff continue to research additional information.

Paleochannel

Staff reviewed draft language and compared wording of the current section with revised language, as well as whether any passages needed clarification. Concluded that revised wording is a significant improvement and that exemptions provided for existing industrial uses and agricultural activities should not create an unnecessary hardship on the operation. Staff requested Council consider the following exemptions; family day care homes, type I home-based businesses, roadside stands. A technical change in development standards, Item I permits disturbance of 85% of the site and Item 2 requires removal of 15% of vegetation, removal should be replaced with retention. Upon motion made by Ms. Taylor-White, seconded by Mr. Tilghman, and duly carried, the Chair abstaining, Council accepted the recommendations as they relate to the Paleochannel Overlay District.

10-lot penalty standards - Item in Section 225-78 F, Item 2B, the passage needs to be deleted to implement amendment into Comprehensive Plan. Council took action at its July 16th meeting to forward to legislation.

Manufactured Homes

Staff supports standards as set forth in Section 225-87 of the revised Zoning Code. Table of Permitted Uses

District Proposed Staff Suggested Change_____

Double-wide R-8 Permitted Allowed by Special Exception

Double-wide Town Transition Special Exception Permitted

Double-wide Light Business Permitted Not Permitted

& Residential

Single-wide Town Transition Not Permitted Allowed by Special Exception

Council instructed staff to compile a report summarizing what is allowed in the districts and provide further clarification on building standards.

President Molnar recused himself from discussion.

Staff recommends a tier, regulatory approach.

Council agreed with the approach. Instructed staff to return with more detail.

Environmental Standards

Recommendation to allow the State of Maryland to continue to issue permits and conduct enforcement for non-tidal wetland and habitat protection areas. Council agreed to continue discussion.

Buffer widths

Recommendation to establish a committee to develop buffer design standards. Once standards are established, the project designed to meet standards would not need to be reviewed by the committee. Council agreed that a review committee would be not established however, guidelines would be established.

President Molnar introduced Gary Pusey, Zoning Administrator.

Wicomico County Housing Authority Board of Commissioners Robert Farrell, Brenda Cox, and Edward Henry, Chair, together with Housing and Urban Development (HUD) representatives J. C. Shay, Willie House-Bey, Carolyn Fisher and Candace Simms and, Michael Stephens, Account, Clifton-Gunnerson, met with Council discuss compliance issues, audit responses, financial and monthly reports. Council heard that due to backlogged financial and monthly reporting the Authority has experienced a $400,000 withholding in federal funds over a three-year period. Mr. Henry explained that responses were submitted to HUD and while not sufficient, Board members expect to meet the September 2002 deadline. Council and Board members together expressed concern that appropriate staffing be in place and that staff is accountable for performance. Board members have obtained a performance evaluation form from HUD in order to gage the performance of the Executive Director.

Following a discussion, Council concluded that a segment of Wicomico County’s population, in excess of 1200 recipients, depend on the services the Authority provides to better their quality of life. The Commission, a volunteer group, has assumed a responsibility to bring the Authority into full compliance.

Ms. Simms reminded Council federal mandates require the next appointment to the Commission be a resident of public housing. At its meeting of August 2nd, Council appointed Donald Insley, who does not meet that criterion however Ms. Cox is aware that Mr. Insley will not be able to accept the nomination. Council agreed to utilize individual program notifications and the Authority’s newsletter to announce the vacancy.

President Molnar reiterated the purpose of this exchange was to hear what concerns HUD continues to have with the Authority, its staff and Board, to learn what steps are being taken by the Board as corrective measures and the ensure that appropriate responses are being made. He thanked Board members and HUD for their cooperative effort in bringing the Housing Authority into full compliance.

There being no further business to come before the County Council in Executive Session, the meeting was adjourned.

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