Wicomico County,
MD
Council Minutes
March 15, 2005
The Wicomico County Council
met in Executive Session on
President Sarbanes brought the meeting to order and called
for a motion to approve the Minutes of March l, 2005. Council noted a correction made to the
Minutes prior to submission for approval. On motion of Mr. Dashiell, seconded
by Mr. Long and unanimously carried, the Minutes of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director presented the following items of business for Council’s consideration:
The Honorable Donald Davis, Administrative Judge and Wendy Riley, Court Administrator came before the County Council regarding ADA (American with Disabilities Act) compliance as it pertained to the west side of the Courthouse. During its 2004 budget deliberation the Court provided preliminary renovation estimates and were instructed to return when definitive costs were available. Mr. Tom Hayes, Hayes Architect, has prepared a renovation plan at an estimated cost of $75,000. Judge Davis informed Council that State legislation requires that two-thirds of juror fees reimbursed to the County by the State must be used for court-related purposes. That amount has been determined to be $54,540 for the current fiscal year. (Since the amount was not known at the time of the budget, any unused funds reverted to the County’s Contingency Fund). The court requests use of these funds ($54,540) and, that the County fund the remaining balance of $20,460. The $20,460 is not a part of the current year’s juror fee savings and will be deducted from the FY 2006 juror savings that will be reflected in the Courts 2006 budget. The Courts acknowledge the formal bidding process and advise that funds returned from the State would be transferred to the County’s General Fund. Mrs. Prettyman motioned to transfer the $75,000 from Contingency Fund to the current year’s budget. Mr. Taylor seconded the motion and it was unanimously carried.
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 March, in the amount of $56,767, contingent upon Council approval.
The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2004-2005 for the month of March, in the amount of $81,095. 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 March in the amount of $1,685. No action is required.
Charles Bounds, E. Bruce Ford, Brian Foret, Bonnie Walston and Margo Handy, Board of Education, came forward to address any Council concerns. Subjects included the explanation of the Individual Educational Program’s needs for special education students and teachers, costs associated with the program and its association with other groups; Social Services and Juvenile Services, mentors, occupational and speech therapist. Council also engaged in discussion of black-lined master textbook distribution and books utilized for CORE and kindergarten programs and Geographical Cost of Education Index, which Mr. Ford will research at the request of Mrs. Bartkovich. Mr. Dashiell motioned to approve the transfers as requested. The motion was seconded by Mr. Taylor and unanimously carried. Mrs. Bartkovich asked for an update on the Board’s MUNIs project. Mr. Bounds confirmed the Board’s interest in a cooperative effort with the County, as suggested in the Performance Audit.
Mr. Shea submitted an invoice in the amount of
$2,861.56 for current expenses. On motion made by Mr. Long, seconded by Mr.
Taylor and unanimously carried, Council approved the payment from
Contingency. Mr. Dashiell expressed his
concern to move forward with an alternate use of the facility and that while
the intent was to provide services for troubled youth he feels that service
should be left with agencies and other groups who have the resources to provide
people to manage the program and the youth to be served and, that other
alternates such as the Detention Center to house female inmates might become a
consideration in order to generate revenue.
Mrs. Bartkovich stated it is her opinion that all Council members
understand the urgency of utilizing the facility at no additional cost to
taxpayers. Further, that the Advisory
Board and the promise to taxpayers of the four counties who contributed to the
facility is that the facility would serve troubled youth and “that’s what it
needs to continue to do”. Linda Hardman,
Director, Local Management Board, came before Council regarding the Request for
Proposals (RFP) Council instructed her to develop. While the RFP is broad, it
focuses on youth exhibiting high-risk behaviors. Mrs. Petersen commented that under the
current bond issue the facility can be leased to a 501(c) 3 corporation or the
County can sells the facility and escrow the monies to pay-off the bond. While
other options might be available they could create administrative
difficulties. Mr. Taylor reiterated his
support only for the concept of youth in
Enterprise Zone Benefits – Wicomico Heating and
Air Conditioning
In accordance with Article 23A Section 19 of the Maryland
Code,
Health Planning Board
At its recent meeting the Board voted to increase
membership by one consumer and one provider.
The Board recommends
Mr. Shea submitted the list of Capital Improvement
Budget Recommended Projects for 2006. He
advised that the $847,000 included for the
On motion made by Mrs. Prettyman, seconded by Mr. Long and unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately maintained from Executive Session and are public information.
With the Legislative Session concluded and on motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council adjourned Legislative Session and reconvened in Executive Session.
EDGAR A. BAKER, JR.,
On motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council adopted the following Resolution.
A RESOLUTION
of the County Council of
(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 Three Million Four Hundred Ninety-Eight Thousand
Dollars ($3,498,000) issued pursuant to the authority of Section 5(P) of Article 25A of the Annotated Code of Maryland (as amended), and Bill No. 2004-1 of the Legislative Session of the County Council passed and adopted on July 6, 2004, to be designated as "Public Improvement Bond of 2005, First Issue," to be issued and sold and the proceeds thereof to be used for
the public purpose of providing funds, together with funds from other sources, to finance (including by reimbursing prior project expenditures) all or a portion of the costs [for the several County Departments involved in capital improvements, including Wor-Wic Community College, Library, Health Department, Public Works Department, Recreation and Parks Department
and by the Board of Education of Wicomico County for the planning, design, acquisition, construction, improvement, installation, renovation, rehabilitation, repairing, furnishing and equipping of facilities, buildings and structures, together with a contingency fund and costs and
expenses in connection with the issuance, sale and delivery of the bond; showing compliance with the limitations on the part of the County to incur indebtedness; prescribing the form and tenor of the bond and the terms and conditions for the issuance, sale and delivery of the bond to the purchaser thereof; authorizing the Administrative Director to determine the purchaser
of the bond on behalf of the County; providing for the expenditure of the proceeds of the 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 the principal of and interest on the bond, as it becomes due; providing for the levy and collection of taxes necessary for the payment of the principal of and interest on the bond, as it becomes 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; covenanting that the proceeds of the bond, or any monies which may be deemed to be proceeds, will not be used in a manner to cause the bond to be an arbitrage bond; making or providing for certain representations and certifications as to tax matters and providing for and determining all other matters relating to the issuance, sale and delivery of the bond.
PUBLIC WORKS, P. RAI SHARMA, DIRECTOR
Public Hearing – Water and Sewer Plan Amendment
A Public Hearing was held for the purpose of hearing an
amendment to the Wicomico County Water and Sewer Plan, allowing inclusion of
two commercial developments and three residential developments. Belmont Crossing (name changed to
Mr. Sharma reported requests from residents to patch damaged roads. He informed Council he was experiencing difficulty in obtaining appropriate patching material. While the department has been unable to find cold patches, he has invested in a lesser material however it will only patch small areas. Mr. Sharma told Council his department is attempting to address the concerns at costs and materials that will best serve the citizens. Further that, road improvements would be undertaken dependent upon the County’s receipt of Highway User Revenues. Mr. Sharma encouraged Council to continue to seek solutions to the County’s infrastructure needs.
DR. JUDITH SENSENBRENNER – HEALTH OFFICER
Public Hearing: NOTICE IS HEREBY GIVEN, in compliance with Section 22-2(G) of the Wicomico County Code, that, pursuant to the provisions of §12-109 of the State Finance and Procurement Article, Maryland Annotated Code and Resolution No. 446 of the County Council authorizing the local Health Department to utilize the procurement system of the County, the Wicomico County Health Department proposes to lease from E. S. Adkins, LLC, the following described office space: Unit 103 of the E. S. Adkins Building, N. Salisbury Boulevard, Salisbury, MD 21804, containing 4,579 square feet of floor area and a pro rata share of common area space.
The above-described property is to be leased to the Wicomico County Health Department by
E. S. Adkins, LLC for a term of 64 months at monthly rent of $3,097.78 for the first 3 months and $2,842.00 for the next year and annual increases thereafter; plus a pro rata share expenses, which expenses are not to exceed $1.73 per square foot annually. The property shall be used by the Wicomico County Health Department for the purpose of operating the Program for Women, Infants and Children.
There were no public comments. There were no Council comments. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved the lease.
Because she has received inquires, Mrs. Bartkovich asked if the Health Department would allow independent land evaluation since there is currently a wait to have perk tests done and since certain purchase offers are contingent on whether the land will perk. Dr. Sensenbrenner advised the Health Department would still have to sanction the test however certain soil profiles can be done independently.
Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance, $229,894, Capital Project Fund balance, $39,810,028; Total Major Non-designated Funds, $59,046,562; and Total Reserve Funds of $6,177,443. Contingency amount used to date, $180,475, balance $719,525, Local Government Investment Pool is receiving an interest rate of 2.57%. Mrs. Petersen reported the Department of Corrections has an outstanding travel advance.
Mrs. Petersen reported two completed capital projects; 1993-1994 bonds - Courts Surface Rehab and, 1994-1995 bonds- West Side Primary Roof, remaining balances of $552.65 and $1,361.62, respectively. She requests the accounts be closed and funds transferred to the Contingency Fund. On motion made by Mrs. Prettyman, seconded by Mr. Dashiell and unanimously carried, Council closed the accounts and authorized the transfers to Contingency.
The Airport Commission proposed a budget amendment to increase revenue from non-aeronautical vehicle parking by $10,000 and, the expense line non-aeronautical miscellaneous by $10,000. Historically, vehicle parking has exceeded anticipated revenues and Mrs. Petersen recommends approval. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council approved the budget amendment.
Mrs. Petersen submitted a progress report from Stephanie Sandrock, Grants Developer for the first quarter ended November 2004 – February 2005. Noted are one new grant application for the Department of Public Works in the amount of $247,000 and several upcoming future projects.
Mrs. Petersen advised Council has received the Management Letter from the audit conducted by Pigg, Krahl, Stern & Co., P. A. In conjunction, the firm proposes to continue servicing the County for the next three years. Cost for 2005, $87,750, estimated escalation at 4% each.
On motion made by Mr. Long, seconded by Mrs. Bartkovich and
unanimously carried, Council agreed to extend the contract for three additional
years, contingent upon review by the
Highlights of
Significant Financial Transactions
Mr. Ellis reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through
February 2005. Mrs. Bartkovich requested itemization of costs associated with the D. R. I. L. L. Academy.
Mrs. Prettyman reported conversation with a taxpayer who paid their taxes in full however the payment was received after the due date. While the taxpayer does not have a problem with a late fee assessment, the concern is that the tax payment will not be processed until the late fee has been received also. Mrs. Petersen explained that this procedure is the process used so that citizens are not confused about partial payments. Mrs. Prettyman stated she wished to discuss this further with the Director.
PLANNING, ZONING AND COMMUNITY DEVELOPMENT
A Task Force to Study the Maryland Agricultural Land Preservation Foundation issued a report regarding the Program’s goals, easements acquisition funds, zoning support for preservation and easement valuation and ranking systems. As a result of the study, Senate Bill 564 directed the Foundation to formulate new ranking guidelines in consultation with the Counties. Mrs. Gloria Smith, Planner, requests Council approval to accept the State ranking system known as LESA (Land Evaluation and Site Assessment) System. The Advisory recommends the change and Planning Staff concurs. On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council approved the ranking method.
Wicomico County Agricultural Preservation Advisory Board has
reviewed appraisals, easements valuation and ranking of applicants in the
Wicomico County Agricultural Land Preservation Program who have submitted
applications to sell the development rights of their properties to
On motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously carried, Council approval.
Planning Director Jack Lenox extended an invitation to the County Council to participate in a transportation forum hosted by the Governor and Secretary of Transportation, March 18th “How To Improve the Traffic Flow at The Bay Bridge”.
There were no public comments.
Mrs. Bartkovich announced the Nutter’s Crossing Water and
Sewer Plan Public Information Hearing,
There being no further business to come before Council the meeting was adjourned. Mr. Long motioned, by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that Council enter into closed session. The motion was seconded by Mr. Taylor 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
_______________________________________
Marvin R. Long, District 4
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Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director