The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, April 20,2004, Council Chamber, Governme

Wicomico County, MD
Council Minutes
April 20, 2004

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, April 20,2004, Council Chamber, Government Office Building, Salisbury, Maryland. Present were Anthony Sarbanes, President; Charles R. Dashiell, Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.

The Minutes of April 6, 2004 were unanimously approved on motion of Mr. Dashiell, seconded by Mrs. Prettyman.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items of business for Council’s consideration:

Board of Education Budget Transfers: The Board of Education gave its approval to make transfers of funds between major categories of its approved Annual Budget for fiscal year 2003-2004 for the month of April, in the amount of $82,302, contingent upon Council approval. On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council authorized the transfers.

The Board approved transfers of funds under $1,000 between

categories of its Annual Budget for fiscal year 2003-2004 for the month of April, in the amount of $1,450, in accordance with a previous Council’s gentlemen’s agreement. No action is required. The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2003-2004 for the month of April, in the amount of $25,300. Council action is not required to transfer within categories.

Mrs. Bartkovich called attention to amounts expended for computer recycling fees and asked whether the Board used the County’s landfill for disposal. Charles Bounds, Assistant Superintendent for Administrative Services advised that the Board has an arrangement with a company to dispose of computers on a regular basis.

Hazardous Material Plan: Sandy Silvia, Director of Emergency Services, Jane Grogan, Deputy Director and Doug Jones, Emergency Management Coordinator, came before Council regarding amendments to the County’s Hazardous Material Plan. Ms. Silvia pointed out the following changed: Section 2.1.1.3 Universities and Colleges, an address change; Section 2.3.2 Extremely Hazardous Material reporting facilities, name change; Section 2.2.2 Hazardous Materials Transportation Routes, verbiage changes; Section 2.3.3.9, percentage change; Section 3.4.3 Career/Volunteer Fire Companies and Emergency Medical Services, change that indicates Salisbury is one fire department rather than 3; Section 4.3.2 Detection/Monitoring Instruments of MDE/County, change that shows additional agencies added with equipment. On motion made by Mr. Dashiell, seconded by Mr. Dodd and unanimously carried, Council accepted the amendments as proposed.

Budget Session Dates: Mr. Shea asked that Council consider a list of dates to hold budget sessions with County Department Heads. Council set the following dates: April 28, 8:00 a.m. – Noon; April 29, 8:00 a.m. – 4 p.m.; May 3, 8:00 a.m. - 4:00 p.m.; May 11, 9 a.m. – 4 p.m.; May 13, 8:00 a.m. – 2 p.m. and May 17, 9:00 a.m. – Noon.

Mrs. Prettyman spoke about the budget process and items she wished to bring to Council's attention for their consideration in preparing for the budget. She wished Council to consider 1) imposing a real freeze on all the vacant positions effective this date 2) imposing a freeze on travel, mileage and seminars and 3) imposing a freeze on office supplies for all departments. She referred to large balances in the office supply line item for certain departments, rationalizing that if the monies are not used, the department head may move the funds to another under funded line item. Patricia Petersen, Director of Finance responded that heretofore, all departments budgeted an 054 operating account which included all expenses other than salaries and capital accounts; Council gave her discretion to move funds within the old 054 accounts. Mrs. Petersen added that overages in some departments are due to the Council's mandate for a flat budget this year. Therefore, department heads were unable to increase their office supplies account to the amount actually needed, without transferring funds from another line item. Mrs. Prettyman stated the total dollars in the unused office supplies line item at the end of March 2004 is $146,230, which might encourage abuse of the system. Additional controls would ensure efficiency in good government. Mrs. Petersen stated departments are trying to work within budget limits and are not using their office supplies accounts, knowing that any negative balances in other accounts would require transfers from within department budgets to avoid requests for supplemental appropriations. Therefore the appearance that a department did not need the amount they asked for in office supplies may be a case of the department being conservative.

Mrs. Prettyman requested imposing a freeze on various line items unless there is cause mandated by law, such as extraditions by the Sheriff's Office or State's Attorney. She asked for clarification of a note saying that the office supplies line item is included in the carry forward. Mrs. Petersen said that department heads were asked to provide a list of monies that might not be spent, which could become part of the carry-forward. Mrs. Prettyman asked that consideration of the proposed line item freezes be done in a uniform, non-discriminatory fashion, with little harm to employees and the tools used and no harm to citizens. She added that overtime should be frozen except on approval from Council, cellular telephone expenditures to a point; which Council would need to discuss; and any consultants being currently used. Council elected to vote on the considerations as separate issues:

Vacant positions. Council President Sarbanes stated it is a misnomer that 82 people were hired from the Operating Budget; many were hired through grant and enterprise funds. The Council authorized the Administrative Director to review all requests to fill vacancies and he believes any positions filled were done so out of necessity, but not 82. He asked Council if they wished to freeze all positions, as opposed to that authority remaining with the Administrative Director. Mrs. Prettyman then motioned for a real freeze on all vacant positions; Mr. Dodd seconded the motion. Public Works Director P. Rai Sharma reminded Council that the Roads Division and Solid Waste are Enterprise Funds and Roads must hire temporary summer help for grass cutting. He requested to be exempt from the freeze. Mrs. Prettyman agreed to exempt the positions in her motion. President Sarbanes asked if she would exempt staff hired for the Department of Corrections or Sheriff's Office through grants or Enterprise Funds. She responded she would not exempt the grant positions since neither Corrections nor the Sheriff's Office are Enterprise funds. Mrs. Bartkovich stated a portion of law enforcement comes through grant monies and reminded Council that for future consideration, Council needed to address what would happen when there is no continued grant money, possibly making the taxpayer fund the salaries in the general fund. Ms. Silvia asked if an already advertised position for her department would be funded. Mrs. Prettyman agreed to fund those positions already approved and in the pipeline. Councilman Taylor stated that while budget cuts must be made, he could not vote on this issue until receiving input from all department heads and the Administrative Director. Mr. Long, calling attention to exceptions already made, stated the Administrative Director is granted the authority to review each case; does not favor micro-managing departments and opposes the freeze. Mr. Dodd stated he was not comfortable making the decision but felt it necessary. Also, that he was elected to protect the pockets of the citizens and intended to concentrate on doing so. Mr. Dashiell commented there would be a number of considerations during the budget process; his concern is that Council is being asked to take a position without proper preparation. Mrs. Prettyman stated there is a structural foundational problem in the County; spending and revenues do not match. On a roll call vote, Mrs. Bartkovich, yes; Mr. Long, no; Mr. Dodd, yes; Mr. Taylor, no; Mrs. Prettyman, yes; Mr. Dashiell, no and President Sarbanes, no, the Administrative Director will continue to use his discretion for the filling of vacant positions. The motioned failed 4-3.

Travel, Mileage and Seminars unless mandated by law: Mr. Taylor again stated his position that he would not vote on issues that have not been discussed. Mr. Long stated that Council requests department heads to prepare a budget, Council reviews and approves the budget, then asks that the department head manage that budget effectively. He reiterated his concern that Council not micromanage County departments. Mr. Long concluded the savings created by departments is the result of good management and he would not penalize the department by withdrawing cost-savings from them. Mrs. Bartkovich called attention to registrations for the Maryland Association of Counties Summer Conference and Academy for Excellence, neither of which is mandated by law; that Council should lead by example and personally pay for these conferences. Mrs. Prettyman confirmed that her suggestion for “mandated by law” includes costs incurred by the Sheriff's Office or State's Attorney for extradition and also agreed to exempt items such as the Finance Director's travel and seminar expenses related to continuing professional education credits required to maintain CPA certification. President Sarbanes stated the request was too restrictive. Mrs. Prettyman made a motion to freeze travel, mileage and seminars unless mandated by law. There was no second. The motion failed.

Office Supplies: Mrs. Prettyman motioned to freeze office supplies. There was no second. The motion failed.

Consultants, Cellular telephones and Over-time: Mrs. Prettyman withdrew her suggestion for an imposition of a freeze for cellular telephones. Mr. Dodd stated itemized phone bills are provided for staff; if calls are not County-related they must be reimbursed. No action was taken on consultants; currently there is only one consultant contract in progress in the Planning Office. Council then discussed reasons for occurrences of overtime but took no action. Mr. Dashiell stated the Council's function is to set policy, but it is ultimately the responsibility of the department heads and the Administrative Director to manage the funds and daily operations of the County. Mrs. Prettyman responded, whether setting policy or making sure that government is running efficiently, Council was elected to make decisions. She agreed the County has dedicated, committed staff and County volunteers however the Council is the head of County government and tough decisions must be made. She called attention to meeting the Maintenance of Effort for the Board of Education and Wor Wic Community College, Sheriff's Pay Parity and the salaries of employees. She feels the actions she has suggested are prudent actions and responsible government.

DIRECTOR OF FINANCE

Patricia B. Petersen, Director, submitted the Statement of Latest Investment Rates/Balances for all County Funds reflecting the following balances: General Fund Balance, $1,010,737; Capital Project Fund, $26,272,912; Total Major Non-designated County Funds, $44,012,879; Total Designated Reserves $4,801,347. Contingency amount used since the beginning of the year, $56,497, balance $878,625.

Auction Proceeds: The County’s portion of the auction proceeds after expenses is $38,226.55. Sheriff’s Office, Solid Waste, Roads, Airport, Library, Parks Division and Civic Center contributed items that equal the total and each department requests their funds be transferred to their department. On motion made by Mrs. Bartkovich, seconded by Mr. Taylor and duly carried, Council authorized the Finance Director to transfer the appropriate proceeds to each department. Mrs. Prettyman asked to recuse herself from the vote because she did not have sufficient information on which to vote. Mrs. Petersen provided the information after the vote was recorded.

Parsonsburg Volunteer Fire Company: For information purposes, Mrs. Petersen advised that Parsonsburg requested their 2002-2003 508 State Fire Protection Grant funds. No action is requested. She will forward the check.

Request for Capital Incentive Sinking Fund: Parsonsburg Volunteer Fire requests $2,000 to assist in the purchase of an ambulance. A requirement of the fund is to provide a bank statement showing that matching funds are available. The company failed to provide a bank statement but was made aware they needed to submit it. Mrs. Petersen requested approval contingent upon the company submitting the statement. On motion made by Mr. Dodd, seconded by Mr. Long, and unanimously carried, Council approved the request with the contingency.

John Ellis,

Chief Accountant presented Highlights Significant Year-to-Date Transactions, together with supporting graphs.

Wicomico Nursing Home: Mrs. Petersen offered to address any questions or concerns Council might have regarding the Nursing Home’s Interim Financial Report and Cash Flow Coverage Ratio. There were no inquiries. Mrs. Bartkovich suggested that since Council receives the report at their homes, the brief book copy could be eliminated.

CONSTANT YIELD TAX PUBLIC HEARING: NOTICE OF A PROPOSED REAL PROPERTY TAX INCREASE.

Mrs. Petersen explained the constant yield is the tax rate that would give the County the same amount of revenue next year as this year, given the change in the assessable base. As the assessable base grows, the constant yield tax rate must go down. However the County can collect 1.9% more in real property tax revenues next year under the revenue cap, so the proposal is a tax rate that allows the collection of an additional 1.9%. The rate is a little more than the constant yield rate but is still less than the current rate. The tax rate will go down next year, but the County will be able to collect the additional revenue related to growth in assessments as permitted under the revenue cap. The constant yield rate is one dollar and six tenths of one cent, or 1.006. The County proposes a tax rate of one dollar and two and a half cents, which is one and nine tenths cent more than the constant yield. The proposed rate is one and six tenths cents less than the current year’s rate of one dollar and four and one tenths cent or 1.041, and allows the collection of the additional revenue permitted under the cap.

Public Comment: Mary Ashanti, President, Wicomico County Branch NAACP, asked for clarification, which Mrs. Petersen provided.

The County Attorney, Edgar A. Baker, Jr. advised that a vote is not required. The Public Hearing is to advertise what would happen if the budget passes at this rate.

There were no further comments.

NOTICE IS HEREBY GIVEN in compliance with Section 22-2(G) of the County Code that the County Council proposes to lease to Mark Aurelio the following described property:

ALL that tract or parcel of land situate in the Parsons Election District of Wicomico County, Maryland consisting of approximately 230 acres of land bounded on the north by the Baltimore, Chesapeake & Atlantic Railway, bounded on the south by the northerly side of U. S. Route 50, bounded on the east by the lands now or formerly belonging to Olive E. Hastings, and bounded on the west by the Beaver Run Business Center, Section One, and the lands, now or formerly belonging to Virginia M. North and all that tract or parcel of land, situate in the Parsons Election District of Wicomico County, State of Maryland, containing twenty-four (24) acres of tillable land, more or less, as shown on the WinterPlace Park Facility Plat of the property. The above-described property, having been offered for bid and Mark Aurelio, being the high bidder, is now to be leased to Mark Aurelio, at an annual rental of Two Thousand Dollars ($2,000), prorated for the initial term commencing May 16, 2004 and ending on December 31, 2004. The lease may be renewed at the same rental for 3 additional one-year terms, each such term will be from January l through December 31, through December 31, 2007. The property shall be used solely for the purpose of hunting waterfowl, upland game, deer and farming.

On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council voted to lease the aforementioned property to Mark Aurelio.

DEPARTMENT OF PUBLIC WORKS

Status of Frost Damaged Roads: At is February 17^th meeting P. Rai Sharma, Director, told Council he managed to put aside $250,000/annually over the past five years into the Road Reserve Fund, balance $1.9 Million Dollars. He requested and was given authority to withdraw $1Million from the fund to repair frost-damaged roads throughout Wicomico County. Mr. Sharma submitted the status of these roads as of April 19,2004 including; Walnut Tree Road, Downing Road, Casher Wells Road, St. Lukes Road, Stockyard Road, Dagsboro Road, Powell Road, Shavox Road and Bob Smith Road, for a total cost of $926,252.

Wetipquin Bridge: Permits from Maryland Department of Environment and Army Corps of Engineers are in hand. Application has been made to the U.S. Coast Guard for concurrence of the location and plans of a pre-stressed concrete bridge to be constructed at the location of the existing 14 span timber bridge over Wetipquin Creek.

Whitehaven Ferry: Repairs are in progress and on schedule.

Earth Day: Also known as Green Day throughout the world is being celebrated this date at Pemberton Park. The Recycling Division of County Roads will be host to explain the recycling process to the County’s children, together with how to save Mother Earth and the County’s Landfill.

State Share To Wicomico County: Aware that the Maryland General Assembly has completed its work, Mr. Sharma stated that while he has not been formally advised, he understands the financial picture is not good and could be subject to change. The Maryland Association of Counties has informally advised him that Wicomico County, having received $4.1 Million last year, may receive an additional $700,000 this year, for a total of $4.8 Million compared to the $6.1 Million in past years. Mr. Dodd asked if the increase in tag registration fees would possibly increase the County’s receipts. Mr. Sharma opined the $700,000 is the increased amount.

EMERGENCY SERVICES

Continuity of Government – Continuity of Operations Plan: Ms. Sandy Silvia, Director, Jane Grogan, Deputy Director and Doug Jones, Emergency Management, came before Council regarding the development of a Continuity of Government – Continuity of Operations Plan for Wicomico County. Ms. Silvia explained that individual plans need to be developed by each County department as part of a Comprehensive Emergency Management Operations Plan, using a planning process based on federal guidance, industry standards, best business practices and continuity planning. The plans should detail the procedures that define how government and the community will continue to recover its minimum essential functions in the event of a disaster. Built on existing programs for critical infrastructure protections, the plans should contain four phases, mitigation, preparedness, response and recovery. Ms. Silvia concluded an integrated Plan will ensure essential community services in the event of any threat and while the Plan is not federally mandated for grant assistance, it is important to future funding. Ms. Silvia prepared a Capabilities Assessment guide to assist departments in preparing their individual plans. Following her introduction of the Plan, Ms. Silvia requested Council endorsement. Mr. Long asked if other jurisdictions had been contacted for comparative purposes. Ms. Silvia responded that while there may not be a specifically detailed book with instruction, information from other jurisdictions could be sought out and integrated into a Plan for Wicomico County. Agreeing that integrating the Plan with other jurisdictions is noteworthy, Mr. Dodd expressed his interest that local government become more involved in emergency operations. Mr. Dodd then made a motion to endorse the Plan. Mr. Long seconded the motion and it was unanimously carried. Ms. Silvia requested the directive to County departments come from the Council. Council concurred.

Mock Drill: Ms. Silvia invited Council to attend a mock tank disaster drill (Cato, Inc.) Thursday, April 22. The Salisbury City Police Station is the command post. The staging area is the supermarket located adjacent to the station, deploying to the Wicomico River for further instruction. Ms. Grogan added that a small group did a walk-thru at Cato, Inc. for the purpose of being trained what to do in a tank related disaster. She reported the exercise was most helpful and informative.

Mr. Jones announced the cancellation of the tabletop exercise scheduled for May 25. He also announced that an exercise involving all emergency service agencies in Wicomico County would be conducted in the fall of 2004.

PUBLIC COMMENT

Mrs. Mary Ashanti, President, NAACP Branch for Wicomico County referring to earlier comments regarding travel expenditures stated, from her experiences with other agencies, particularly State agencies, in good economic times, travel requests submitted that would enhance job performance was generally approved. In leaner times however, the best one may receive is paid leave and a vehicle. She continued, that if she pays an expense that is within her professional field, a tax accountant could use the expense as a credit. She offered these comments to join other solutions regarding travel expenditures.

Mrs. Ashanti requested Council proclaim May 17, 2004 Perfect Attendance Day in Wicomico County. In addition, she requested the County proclaim the month of May 2004 to commemorate the 50^th Anniversary of Brown vs. Board of Education. She suggested entitling the month, Achieving Excellence in Education Month In Commemoration of the 50^th Anniversary of Brown vs. the Board of Education, or by some other proclamation Council might choose.

COUNCIL COMMENT

Mrs. Bartkovich called attention to a letter from the Maryland State Department of Education Interagency Committee on School Construction, releasing the Willards Elementary School site to the County government of Wicomico County. She expressed her desire to quickly resolve the disposition of the building, which would address citizen’s concerns over the presence of a vacant building and would deter vandalism.

Mrs. Bartkovich remarked that while she is aware the County Attorney continues to work regarding the education component of the DRILL Academy, this year was funded by grant money and taxpayer dollars from Wicomico County. She further understands that the Board of Education for Wicomico County has not received reimbursements from other jurisdictions, yet their candidates are housed at the facility. Mrs. Bartkovich expressed her concern that Wicomico County’s citizens are picking up the cost to educate candidates from other jurisdictions. She wished to ensure, going into a new budget session that this matter is addressed. Mr. Shea suggested discussing this matter with the Sheriff during his budget presentation on the DRILL Academy.

For information purposes, President Sarbanes distributed information regarding direct aid from the State of Maryland to Wicomico County.

Mr. Dodd motioned, by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that Council enter into closed session at 1:50 p.m. Council concurred and the meeting was adjourned.

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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

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Marvin R. Long, District 4

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Larry W. Dodd, District 5

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Theodore E. Shea, II

Administrative Director