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| Wicomico County Council Minutes of Meeting |
November 5, 2002
The County Council of Wicomico County, Maryland, met in Executive
Session on Tuesday, November 5, 2002. The
meeting was held in Council Chamber, Government Office Building, Salisbury, Maryland. As a note of interest, today’s meeting is the
first to be broadcast live on Public Access Channel 26.
President Molnar brought the meeting to order and called for
additions or corrections to the Minutes. There
were no changes and the Minutes of the October 15, 2002 meeting were accepted as
submitted.
The following Presentations took place:
Youth Appreciation Week – presented by Mr. Molnar and accepted
by Messrs. Tim Emge and Jimmy Sarbanes. The
Proclamation was adopted on motion of Mr. Tilghman and unanimously carried.
National Hospice Month – presented by Mr. Taylor and
accepted by Messrs. Jim Fineran and Tom Mahn. The
Proclamation was adopted on motion of Mr. Long and unanimously carried.
Distinguished Public Service Award – Capt. Gary Baker and
members of the Action Committee, recognized Mr. Edward T. Taylor as the recipient of the
American Lung Association ‘s Distinguished Public Service Award. Mr. Taylor announced that he wished to share this
award with the members who worked so diligently to have the Wicomico County Council adopt
the Tobacco Product Placement program.
Sheriff’s Certificate of Recognition – presented by
Sheriff R. Hunter Nelms, to Mr. Joshua McIntosh, who apprehended a suspect in a car
burglary incident. Mr. McIntosh detained the
suspect until law enforcement officials arrived on the scene. Council members lauded Mr. McIntosh’s efforts
and courage.
ADMINISTRATIVE DIRECTOR’S REPORT
Theodore E. Shea, II, submitted the following items of business:
Enterprise Zone Designation:
The County has received letters from John R. Pick, Executive Officer, City
of Salisbury, acknowledging requests for enterprise zone designation for the following
businesses: Eagle Recycling; Fermin &
Martha Cobian property located at 510 West Road; and D.E. Chem, LLC. This program is administered by the City of
Salisbury and applications are reviewed and approved by the Salisbury City Council and
Wicomico County Council. On motion of Mr.
Long, Council unanimously concurred with the designation, subject to City Council
approval.
Appointments: Social Services Advisory Board: Council
chose to defer an appointment to the Board until the next meeting.
Recreation Commission: On motion of Mrs. Prettyman, the
appointment of Mr. Ralph Cordrey was unanimously approved.
On motion of Mr. Tilghman, Mr. Greg Mariner was appointed, by unanimous
vote.
Commission on Aging: On
motion of Mr. Tilghman, Council unanimously approved the appointment of Mr. Andrew Ball,
Ms. Pam Wood and Mr. Dennis Klima to the County Commission on Aging.
State Fire Protection Grant:
Council is advised that both the City of Salisbury and Delmar have chosen to
waive their minimum allocations. This will
result in an equal distribution of $16,622.00 for each volunteer fire company.
Bond Resolutions: Mr. Shea called attention to prior approval
of Council to divide the general obligation bond sale into two transactions so that each
may remain bank-qualified. Council now must
adopt resolutions regarding these bond sales. The
first resolution is for a bond sale of $2,000,000, for certain capital improvement
projects, as authorized by Section 5(P) of Article 25A of the Annotated Code of Maryland,
the Charter of the County and Bill No. 2002-1. On
motion of Mr. Long and a second by
Ms. Taylor-White, the Resolution was adopted unanimously.
Likewise, a Resolution for the sale of general obligation bonds
in the amount of $5,890,000 was unanimously adopted on motion of Mr. Long and a
second by Mr. Taylor. The sale will take
place early 2003. It should be noted that
Council authorized the Administrative Director, Director of Finance and Bond Counsel to
effect the sale, based on an interest rate cap of 4.75%.
Department Head Appointment:
Mr. Shea announced that Mr. John Lenox has accepted the position of Planning
& Zoning Director. Mr. Lenox is expected
to begin his duties on or around December 2, 2002.
Burial Costs: On
motion of Mrs. Prettyman and a second by Ms. Taylor-White, Council unanimously approved
$400 in assistance with the burial costs of the late Inez Pauline Ayres.
DEPT. OF RECREATION, PARKS & TOURISM
Gary Mackes, Director, came before Council to discuss two items of
business:
Bids for Roof Repairs: Mr.
Mackes advised that bids have been received to undertake repairs to the Civic Center roof. While the Engineer’s estimate was $7,200, the
lowest bid received totaled $12,000. Council
had previously appropriated $8,800 for said repairs.
Mr. Mackes is now requesting a supplemental appropriation of $4,000, so that
the bid may be awarded and repairs begun. Mr.
Tilghman motioned to approve an appropriation of $4,000 from the County’s Contingency
Fund. The motion was seconded by Vice
President Taylor-White and unanimously approved.
Ticket Sales – Policies:
Mr. Mackes gave a comprehensive briefing on the problems recently
experienced during the first-day tickets sales for a concert. Civic Center management thoroughly investigated
the incident and submits the following recommendations to alleviate the circumstances that
led to the referenced incident:
Proposed changes include:
Continue to sell tickets at the box office, using a computerized
system to ensure that all orders are processed as they are received, regardless of the
type of order taken (in person, phone or Internet. If
such a system is purchased, it is proposed to add a handling fee of $1.00 per ticket;
since the Box Office averages 55,000 ticket sales annually, the added fee would repay the
cost of the computerized system. Staff has
estimated that the system could be repaid in one year.
Fees collected after retiring the system’s cost could be applied to an
annual maintenance fee and the cost to operate the Box Office, making it self-sustaining.
Orders placed by telephone, Internet and at the box office will
be processed in the order in which they are received.
Persons placing orders will have their transaction confirmed
immediately.
Once the automated system has been activated, tickets will be
printed and mailed the next day.
The current policy for forming lines for first-day ticket sales
will be replaced by a lottery system. This will give everyone the opportunity to be first
in line to purchase tickets.
It is recommended that the current policy limiting the purchase
of six tickets for the floor and unlimited elsewhere should be revised; staff recommends that limiting ticket purchases to
no more than eight the first day be instituted. After
the first day, unlimited numbers of tickets may be purchased.
In addition, Civic Center staff researched the practice of
“scalping” tickets and learned that a local ordinance must be enacted to control
this practice.
Mr. Taylor motioned to adopt the recommendations, including
purchase of the automated system, submitted by staff; Mr. Ennis seconded the motion. Council posed many questions to Mr. Mackes and
discussed the need to implement an automated system immediately or to delay such a
purchase until it can be included in the normal budget process. Calling for a vote, the motion was duly carried
with four favorable votes and with Mrs. Prettyman, Mr. Tilghman and Ms. Taylor-White
opposing the motion.
COUNTY ATTORNEY
Edgar A. Baker, Jr. conducted the following public hearings scheduled
for 11:00 a.m.:
PUBLIC HEARING:
Notice is hereby given, in compliance with Section 22-2(G) of the
Wicomico County Code, that the County Council will hear public comments of the proposed
resolution whereby the County Council proposes to sell to Leonard D. Zeller a parcel of
land situate, lying and being in the Town of Sharptown and more fully described and
recorded in the Land Records in Liber No. 1100, Folio 387, et seq. The property is to be sold for the sum of
Fifty-five Thousand Dollars ($55,000.00).
There were no public comments or questions. On motion of Mrs. Prettyman, Council unanimously
approved the sale as described above.
PUBLIC HEARING:
Notice is hereby given, in compliance with Section 22-2(G) of the
Wicomico County Code, the County Council proposes to dedicate the following land for
public use under Subtitle 9, Title 5 of the Natural Resources Article known as Program
Open Space:
The parcel of land located on the northerly side of State
Street and the westerly side of Nanticoke Street, lying and being in the Sharptown
Election District and known as the Old Sharptown School.
The parcels of land located on the easterly side of Ferry
Street and the northerly side of Little Water Street, lying and being in the Sharptown
Election District and being part of Sharptown Park.
The parcels of land located at the intersection of Jackson’s
Gut and Jackson Harbor Road, lying and being in the Tyaskin Election District and being
part of Cedar Hill Park.
Public comments: Douglas
Gosnell, President of Sharptown Commissioners, referred to the Commissioners’ recent
letter, expressing concern that the State of Maryland is considering applying each County’s
unencumbered Program Open Space grant funds towards the reduction of the State budget
deficit. If this action is taken by the
State, the Commissioners are requesting that the proceeds of the land sale to Mr. Zeller
be earmarked to fund needed improvements to the Sharptown Park Rehabilitation Project and
the Sharptown School Project (approximate cost of $55,000).
County Attorney Ed Baker remarked that these are two separate
issues and the first order of business is to complete the public hearing. Mr. Tilghman motioned to approve the dedication of
the above referenced parcels; the motion was then unanimously carried.
Mr. Tilghman then motioned to hold the proceeds of the sale to
Mr. Zeller in escrow for six months and/or until it can be determined that the funds will
be needed for the referenced improvements in Sharptown.
Vice President Taylor-White provided a second and the motion was unanimously
approved.
PUBLIC HEARING
Notice is hereby given, in compliance with Section 22-2(G) of the
Wicomico County Code, that the County Council proposes to consider the request of Elliott
Development Partnership for the removal and replacement of 1.14 acres of a forest
conservation easement located on Lot 21A, Block D of Rosewood Forest, Section 4,
subdivision.
There were no public comments; neither were there any Council
comments.
Mr. Tilghman motioned to approve the request as submitted and Council
unanimously approved the motion.
PUBLIC HEARING:
Notice is hereby given, in compliance with Section 22-2(G) of the
County Code, the County Council proposes to lease to the Government of the United States
for the benefit of the Transportation Security Agency, the following described property: Lease Area 4 and 4A located within the Airport
Terminal Building for a term of five years. The
lease shall be a full service lease and shall include all service and utilities. The leased premises shall be used by the
Transportation Security Agency for office space, meeting and training rooms.
There were no public comments or Council comments. On motion of Ms. Taylor-White, Council unanimously
approved the lease as described.
COUNTY HEALTH DEPARTMENT
PUBLIC HEARING:
Dr. Judith Sensenbrenner, County Health Officer, and Rick
Dwyer, Director of Wicomico Transit and Rob Hart, Director, Shore Transit, conducted a
public hearing addressing an application for grant funds from the Maryland Transit
Administration and the Federal Transit Administration to operate the Wicomico Transit
system. The draft Annual Transportation Plan
was made available for public review prior to the public hearing. Project budget requests
include: $138,372 in statewide Special
Transportation Assistance Program operating funds; $201,344 operating funds for general
public transportation; $100,000 operating funds for fixed route service; $45,000 operating
funds for ADA for complimentary para-transit services to persons with disabilities; and
capital funding to purchase new vehicles. Third
year funding requires a county match of $139,477, if the County receives the entire grant
request. In addition, funding for six bus
shelters, in the amount of $43,138 is being requested.
There were no public comments.
On motion of Mr. Tilghman, Council unanimously approved up to $139,477 local
matching funds and $43,138 for the local share of capital improvements. Mr. Tilghman remarked that the County’s
local share is a good investment in a $2.8 million transit system. Mr. Tilghman also
applauded the Wicomico Transit staff. Likewise,
Ms. Taylor-White emphasized the cooperative efforts between Wicomico Transit and Shore
Transit in expansion of services. Mr. Tilghman agreed, stressing the importance of the
system to encourage economic development. Mr.
Molnar commented that the County’s investment is a good value for the region’s
citizens. At
Mr. Dwyer’s request, Council concurred with supporting a grant
application through the Governor’s Smart Growth Program to expand customer service
center and bathroom facilities in downtown Salisbury.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director of Finance, reviewed the
Statement of Latest Investment Rates and Balance for all County Funds: total general fund balance as of November 5, 2002
is $704,369; total Capital Project fund totals $32,306,496; total major non-designated
County funds total $47,495,237; and total reserve funds are $4,774,337.
The County has received a billing to reimburse Tod Shelly for
grass cutting services required to resolve a violation of the Nuisance Ordinance. The property owner will be billed for
reimbursement to the County. Should
reimbursement not take place, a lien will be placed against the property. On motion of Mrs. Prettyman, Council unanimously
approved payment in the amount of $200.00.
Mrs. Petersen referred to a November 2000 transfer of $6,713.00
from the Sheriff’s Office-Capital Account, representing a local match for the Local
Law Enforcement Block Grant.
During fiscal year 2000, a public hearing was held for a Local
Law Enforcement Block Grant, submitted by the Sheriff’s Office. Once a grant is received, a local match is
required, and in this case, $6,713.00. A
transfer from the Sheriff’s Office Capital Account for this local match did not take
place. Consequently, the capital account
reflects a negative balance. Mrs. Petersen
is now requesting Council’s approval to transfer $6,713.00 from Contingency to the
Office’s Grants Account. On a motion by
Mr. Tilghman, Council unanimously approved the request as submitted.
DEPARTMENT OF PUBLIC WORKS
Rai Sharma, Director, reported that Green Meadows Mobile Home
Park, in order to comply with local requirements, has now contracted to have the necessary
repairs made to the facility. Therefore, Mr.
Sharma is recommending that the license to operate the mobile home park be renewed. On motion of Mr. Tilghman, Council unanimously
approved the request.
Mr. Sharma also provided Council with copies of the Ditch and
Litter Control reports.
SHERIFF’S OFFICE
R. Hunter Nelms, Sheriff, introduced Mr. John Stark, who is the
new Financial Specialist for the Sheriff’s Office.
Auction proceeds: Sheriff
Nelms referred to the County public auction held in April 2002 and the request in August
2002 to use those monies to supplement the fuel account in the Office’s FY 2002-03
operating budget. While Council approved the
request in August, it was determined that the funds had been credited to FY 2001-02, the
year in which the funds were received and which ended June 30, 2002. Sheriff Nelms remarked that the funds
are needed to help offset fuel expenses for 2002-03.
Mrs. Petersen confirmed that revenue of this type couldn’t be
carried forward from one fiscal year to another. In
order to use these funds in FY 2002-03, Council must approve a transfer from Contingency,
in the amount of $11,033.45. On motion
of Mr. Tilghman, Council unanimously approved the request as submitted.
Following this discussion, Mrs. Petersen suggested that in the
future, auction proceeds be considered miscellaneous income in the year which they are
received and future use of the funds be considered a transfer from the County’s
Contingency Account. Council concurred with
the suggestion.
Loss of Vehicle: Sheriff
Nelms reported on a vehicle considered a total loss; the insurance funds have been placed
in a specific account until the Sheriff’s Office determines the specific use of
funds.
Water Restrictions: Sheriff
Nelms reported that to date, the Office has received 101 complaints, issued 44 warnings,
with no summons being imposed. The Maryland
Department of the Environment is scheduled to meet on November 7th and it is
hoped that water usage restrictions will be eased. Mrs.
Prettyman asked Sheriff Nelms or Mr. Baker to confirm Council’s direction regarding
any funds received from issuance of a summons. Mr. Baker responded Council’s
instruction to have legislation prepared for introduction during the February 2003
Legislative Session, stating that such funds be retained by the County. Sheriff Nelms suggested that Council look to
enacting legislation that would allow all local fines to be retained by the County.
HEALTH DEPARTMENT/WICOMICO TRANSIT/SHORE TRANSIT
Dr. Judith Sensenbrenner, Rick Dwyer and Rob Hart came before
Council to request adoption of a Resolution to streamline the manner in which Job Access
and Governor’s Initiative grant monies are received.
If adopted, the Tri-County Council and Somerset, Worcester and Wicomico
Counties agree to have funds directed from the State and Federal governments to the
Tri-County Council, who in turn, will direct funds to Shore Transit, then to Wicomico
Transit. On motion of Mrs. Prettyman,
Council unanimously adopted the referenced Resolution.
PUBLIC COMMENTS
Mrs. Tee O’Connor encouraged the general public to vote
today.
Mr. Sharma took the opportunity to report that the Upper Ferry is now
running as smoothly as can be expected.
COUNCIL COMMENTS
Ms. Taylor-White expressed appreciation for all citizens who
attended the meeting today, as well as those who are watching the live broadcast. Mrs. Prettyman then motioned to adjourn; Mr.
Tilghman seconded the motion.
President Molnar asked for the opportunity to share his
thoughts on the right to vote and participation in government, stating that all candidates
on the ballot today, whether at the national, state or local level and regardless of the
outcome, have already won by participating in the process.
President Molnar then wished all Council members on the ballot the best of
luck.
Mr. Shea then asked that the motion to adjourn be amended to
allow Council to enter closed session to discuss a personnel issue. Both Mrs. Prettyman and Mr. Tilghman agreed to the
amendment.
President Molnar then asked that the Minutes reflect all three
requests for Enterprise Zone designation, as documented in the brief book. Calling for a vote, Council unanimously
approved entering closed session. Open
session was then adjourned to enter closed session.
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