Council Minutes
The County Council of Wicomico County, Maryland, met in
Executive Session on
President Sarbanes brought the meeting to order. Mr. Dashiell read a Proclamation submitted by Robert L. Ehrlich, Jr., Governor, State of Maryland, recognizing the 370th anniversary of our State and proclaiming March 25, 2004 as “Maryland Day”.
The Minutes of March 2, 2004 were unanimously approved on motion of
Mrs. Bartkovich.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items of business for Council’s consideration:
Rental Allowance Program: The Department of Social Services is requesting Council’s authorization to accept annual grant funds in the amount of $24,495 for the referenced program. On motion of Mr. Long, Council unanimously approved the request.
Board of Education Budget Transfers: During its March 9, 2004 meeting, the Board approved the following transfers for the month of March and is requesting Council’s approval of the transfer of funds between major categories, in the amount of $3,948.
On motion of Mr. Dodd, Council unanimously approved the request as submitted. Other transfer of funds not requiring Council approval included those under $1,000 between categories, in the amount of $1,000; and those within major categories, in the amount of $4,000.
Recreation, Parks & Tourism: During a previous work session, Council reviewed a request from Gary Mackes, Department Director, to restructure the Office of Tourism.
Those changes would eliminate two positions, local special event grants; consultant fees and the utilization of Convention and Visitors Bureau funds. In turn, the $60,000 savings would be used to create a new sales position to develop business, association and religious meetings/conference trade; create a part-time position to assist the department’s Athletic Director (to develop sports tournaments); create an Administrative Office Associate II position which would combine the duties of the two eliminated positions; and provide seed money to develop signature special events. On motion of Mr. Taylor, Council unanimously approved the request. Mrs. Prettyman recognized the retirement of Mrs. Millie Seward, Convention and Visitors Bureau, after twenty years of service.
Mr. Sarbanes also commended Mr. Mackes and staff for their efforts.
Burial Assistance: Mr. Shea reported a request for monetary assistance for the burial of a Wicomico County resident. On motion of Mrs. Prettyman, Council unanimously approved an appropriation of $400 from the Contingency fund, payable to Bennie Smith Funeral Home.
Mosquito Control Program: Cyrus Lesser, Chief, Mosquito Control Division of the Maryland Department of Agriculture, has notified the County that the State will continue to provide matching on a 50/50 basis for mosquito control during the 2004 season. This negates the State’s original notification to fund only 25% of the cost. Mr. Shea explained that this program is based on the calendar year, rather than a fiscal year; thus, impacting the allocation Council must provide during its FY 2004-2005 budget deliberations. Council had budgeted $80,000 for its current fiscal year and received the State billing for approximately $79,000 early January. Mr. Shea recalled the very wet 2003 spring and summer, including the effects of a hurricane, and evidence of West Nile virus and EEE within the County that resulted in increased spraying. The State has presented a budget of $95,000; therefore, Council is required to commit to its portion prior to beginning budget sessions. Mrs. Bartkovich asked if the $95,000 budget request included capital funding for equipment; Mr. Shea responded that the request is purely operating funds. Mr. Dashiell motioned to approve the $95,000 appropriation, with a second by Mr. Dodd; the motion was unanimously approved.
Submission of Operating Budget: Mr. Shea requested that Council consider setting a date for the submission of the expense budget; while the Charter states that the budget is due to Council on April 1 of each year, Council may choose to delay the submission until the
April 6, 2004 Executive Session. Council unanimously concurred with Mr. Shea’s suggestion that the budget be submitted on April 6, at which time Council may also set the public hearing date.
Appointments: There are two vacancies on the Wicomico County Housing Authority
Board of Commissioners. Mr. Shea explained that the Bylaws require one member be a program participant. Mr. Taylor reported that there were five resident responses expressing interest in serving on this committee and submitted the name of Mr. Robert Martin to fill this vacancy. He also nominated Ms. Mary Jane Marine to fill the second vacancy. The motion was seconded by Mr. Long and unanimously approved. Mrs. Prettyman wished to thank Mrs. Brenda Cox for her service to the Commission. Mr. Dashiell thanked Mr. Taylor for his assistance in identifying program participant nominees, adding that Board of Commissioners should be appreciated for their commitment and service. It was also agreed that Council would like to meet with the Board in April.
Miscellaneous Items: Mr. Shea wished to recognize Frederick Harris, County Purchasing Agent, who was appointed to the Underwriting Committee with Local Government Insurance Trust (LGIT). Mr. Shea also referred to a letter of from a local business, expressing appreciation for Mr. John Lenox, Director, and Mrs. Gloria Smith, Planner, of Planning, Zoning & Community Development’s friendly and professional assistance.
FINANCIAL REPORT
Patricia Petersen, Director of Finance, submitted the Statement of Latest Investment Rates/Balances for All County Funds, containing the following balances: total general fund, $494,019; Capital Projects Fund, $31,243,993; total major non-designated funds,
$48,953,393; total reserve funds, $4,800,393. Contingency funds in the amount of $400
have been used since the last report.
Mardela Fire Company: The Fire Company is requesting $32,000 from the Capital Incentive Sinking Fund to assist in the purchase of a 906 Truck. The Company has the required matching funds. On motion of Mrs. Prettyman, Council unanimously approved the request.
Salisbury Fire Department, Station 16: During the previous Council meeting, a question was posed as to who was actually requesting Capital Incentive Sinking Funds. In response to that question, Mrs. Petersen reported that while the word “volunteer” does not appear in the legal name, it was the volunteer firemen at Station 16 who initiated the request for $79,684.0. The funds would be used to purchase Hurst rescue tools and personal protective equipment; Mrs. Petersen asked Council if this should be considered capital purchases. Mrs. Prettyman asked why the request was different today from that made at the prior Council meeting. Mrs. Petersen responded that based on the written request, “Salisbury Volunteer Fire Company” had been crossed out; therefore, it could be interpreted that the Salisbury Fire Department was making the request. Mr. Shea added that another question had been posed as to whether the equipment qualified as a capital purchase. Council has historically approved release of funds for capital purchases, such as trucks, ambulances, etc. Mr. Baker added that when the regulations were revised, a prior Council stated that such funds could be used to purchase personal gear on that one-time occasion; generally, the funds are earmarked for purchase of large capital assets.
Mr. Baker suggested that Council establish a policy addressing this issue. Mr. Long said he would prefer to investigate further, keeping in mind the potential complexities of establishing a precedent. Council generally agreed with Mr. Long’s assessment, requesting that Mrs. Petersen obtain more information before approving the release of funds.
West Side Volunteer Fire Department: Mrs. Petersen received a similar request, however, the billing for worker’s compensation benefits is less than the allocated $2,500.
Mrs. Petersen asked Council for direction. Following a brief discussion, Mr. Dodd
motioned to pay $2,500 to
Town of Delmar: Mrs. Petersen has received a request for reimbursement from the Town of Delmar, since the Delmar Volunteer Fire Department members are covered under the Town’s Worker’s Compensation Policy (purchaser). Mrs. Bartkovich questioned the County’s past procedure; Mrs. Petersen responded that while this allocation would normally be paid to the volunteers, it was the Town of Delmar who actually purchased the policy. Mrs. Prettyman asked if the volunteer fire company reimbursed the Town of Delmar for this coverage; Mrs. Petersen stated that while doubtful, she could not confirm at this time. Following a brief discussion, Mr. Long motioned to follow the original agreement (reimbursement is made to the volunteer fire company); the motion was seconded by Mrs. Prettyman and unanimously approved. In the interim, Mrs. Petersen will determine whether the volunteers must reimburse the Town.
Miscellaneous: Mr. Long wished to comment that he is very pleased to see how attentive Council has been in limiting Contingency transfer transactions and the importance of this fund as a major source of rollover funds to the next fiscal year. He wished to commend fellow Council members for being prudent.
Highlights of Significant Financial Transactions: John Ellis, Chief Financial Accountant, reviewed the referenced report, citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues.
Year-to-date revenues represent approximately 77% of the current budget and expenditures reflected at 69% of the current budget. Both financial reports are on file and available to the public.
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director, submitted the following items and reports:
Whitehaven Ferry: Mr. Sharma reported that ferry service would cease March 29 for approximately four months. This is in conjunction with ramp and bulkhead repairs on the Somerset County side of the river. The contractor will make every effort to expedite the repairs. The Department had planned to have the ferry overhauled this year; however, due to State budget cuts, this plan had to be deferred. However, taking into consideration the fact that ferry service must be closed to accommodate current bulkhead/ramp renovations taking place, Mr. Sharma would like to take the ferry to Cambridge for overhaul and repairs at a cost of $80,000. Somerset County government has it share ($40,000) for the ferry overhaul. Mr. Sharma is asking Council’s approval to forward fund our county’s share from Public Works’ Roads Reserve Account. Mr. Taylor then motioned to approve the forward funding request and Council unanimously approved the motion.
Mr. Sarbanes referred to Council’s approval of emergency road work and asked the status of the project. Mr. Sharma responded that a current vendor has agreed to provide materials for the emergency road repairs at the same price quoted in an existing contract with the County, resulting in a 10% cost savings over current prices. This action has been reviewed and approved by Fred Harris, Purchasing Agent.
SHERIFF’S OFFICE
R. Hunter Nelms, Sheriff, and Major Robert Van Meter submitted a request to initiate payment number 13, in the amount of $109,828 to the Contractor for the Drill Academy project. The contract requires 5% retainage for a 12-month period after substantial completion. Major Van Meter explained that release of $40,000 of this retainage would be advantageous to the County, since there are still state grant funds for construction that must be utilized before end of fiscal year 2004; however, the state funds may be accessed only by documenting that the County has expended its portion. Major Van Meter also has a concern that every effort should be made to finalize the utilization of state funds in a timely manner, thus, reducing the risk of having State funds redirected for some other project. Mr. Long asked for confirmation that the Sheriff’s Office is comfortable with a 4% retainage to cover the remaining punch list items; the Major stated yes, and to date, Nason Construction has responded to all warranty concerns. Mr. Dodd also remarked that he felt comfortable with the request and motioned to approve the request.
Mrs. Bartkovich asked whether the 12-month period ended in July, rather than June.
In addition, Mrs. Bartkovich asked the County Attorney regarding the disposition of certain lighting problems; Mr. Baker responded that he would be happy to respond outside Executive Session, since certain points are being pursued with the two sub-contractors involved in the issue and might result in litigation. Mrs. Bartkovich also inquired as to whether the recorders and exhaust fan issues have been resolved.
Major Gary Baker stated the recorders are functioning properly and resolution of the other issue is being pursued. Council then unanimously approved the request.
Mr. Dodd asked Sheriff Nelms about a letter addressing future funding for School Resource Officers. Sheriff Nelms stated he wished make Council aware of $450,000 cost of the program for FY 2004-2005, prior to beginning budget deliberations and the possibility of asking the Board of Education to share in this cost. Council members generally agreed that this should be addressed during budget sessions. It should be noted that Sheriff Nelms’ letter was shared with the Superintendent of Schools to obtain the Board’s thoughts on the issue.
Sheriff Nelms gave a brief report
on the second incoming class of candidates entering the
COUNTY ATTORNEY
Edgar A. Baker, Jr., County Attorney, spoke about a recurring item regarding the Code requirement that all septic or sewage installers must obtain a County bond (approximately $100 per Bond), in the event that County property is damaged during installation. These businesses have voiced complaints about the amount of the Bond, particularly since the businesses carry liability insurance. Mr. Baker would like to review the requirement with Directors of Public Works and the Health Department and make a recommendation to Council at a later date. Mr. Baker stated that in the past 20-25 years, the County has never been required to place a claim on a bond; in addition, the bond forms are very time-consuming to process. Council concurred with Mr. Baker’s request.
PUBLIC COMMENTS
Mr. Harold Curry, resident of Arthur Street, Salisbury, Maryland, spoke to Council regarding a situation involving the lighting district in Westover Hills. Mr. Curry, who lives in nearby Westwood, claims that he and four other neighbors are being billed for streetlights that were not requested for their neighborhood. Mr. Carey also referred to double billings for his corner lot that he does not wish to pay and asked Council to correct the situation.
Council member Taylor gave Council a brief history of the process by which the Westover Hills street lights were requested and ultimately installed. During that process, three public meetings were held with the Westover Hills residents. Mr. Taylor also stated that he has received letters from five Westwood residents regarding billings for street lighting that was not requested. Mr. Taylor stated that if this is indeed the case, the street lighting improperly installed in Westwood should be removed.
President Sarbanes asked Mr. Sharma, Public Works Director, to address these statements. Mr. Sharma stated that he had not heard of this situation before today.
Mr. Sharma explained that the lighting district for Westover Hills was established by a majority vote of residents; however, he would investigate to determine if lighting had been improperly installed into the Westwood neighborhood. Mr. Sarbanes asked
Mr. Curry to defer payment of the lighting bill at this time. Mr. Taylor had made the same suggestion to all five parties.
President Sarbanes asked for any other public comments. Mr. Curry also requested that the County Roads Division give attention to sweeping the streets, to avoid clogging of rain reservoirs. Mr. Sharma replied that this is a familiar complaint from residents and
emphasizes the fact that the County has not only aging equipment, but also an insufficient number of sweepers (each cost $170,000) to run the service efficiently.
COUNCIL COMMENTS
President Sarbanes wished to thank Mike Thompson, Deputy Administrative Director, and Ray Micciche, Director of Information Services, for their efforts in designing the County’s website, which has received many compliments from the public.
Mr. Sarbanes then requested and received a motion from Mr. Dodd to conduct a closed work session; the motion received unanimous approval.
With no further business to come before Council, the Executive Session was adjourned.
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Anthony Sarbanes, President
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Charles R. Dashiell, Jr., Vice Pres.
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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 M. Dodd, District 5
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Theodore E. Shea, II
Administrative Director