The Wicomico County Council met in a Legislative Session,
June 5, 2007 at 10:00 a.m. in Council Chambers, Government
Office Building,
Salisbury, Maryland.
President Cannon called the meeting to order. The Lord’s Prayer and Pledge of Allegiance
were recited. Present: John T. Cannon, President; Stevie Prettyman, Vice President; William R. McCain,
At-Large; Sheree Sample-Hughes, Gail M. Bartkovich, David A. MacLeod, and Joe Holloway.
In attendance: Doris
Schonbrunner, Council Administrator; Edgar A. Baker, Jr., County
Attorney, and Richard M. Pollitt, Jr.,
County Executive.
On motion of Mrs. Bartkovich and second by Mrs. Prettyman
the minutes of May 15, 2007, were unanimously approved.
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Doris Schonbrunner, Council Administrator:
Resolution 86-2007-Resolution
accepting Chippendale Terrace and Morgans Ridge Drive as County Roads for
inclusion in the Wicomico County Road Inventory- Mrs. Bartkovich asked where
the two roads were located to which Mr. Sharma responded that Morgans Ridge
is located in Morgans
Ridge off Melson Road and
Chippendale Terrace is located in OldTowne off Pemberton Drive. On motion of Mrs. Prettyman and second by Mr.
MacLeod Resolution 86-2007 was unanimously approved.
Resolution 87-2007-Resolution
adopting a policy for the establishment and modification of speed limits on
County Roads- Mr. Rai Sharma, Director of Public Works, stated that these speed
limits are just the criteria set forth for the roads and that the speed limit
will be determined by the volume of traffic on the road. Mr. Rai Sharma stated that speed limit signs
are placed on each end of the road unless there is a community situation to
which more signs could be placed on the road, but that happens very
rarely. Mrs. Bartkovich asked if the
County has the authority to set the speed limits for school zones which are
located within a municipality to which Mr. Sharma stated that the municipality
would set the speed limit. Mrs.
Bartkovich asked if the City will honor the speed limits set to which Mr.
Sharma stated that the municipalities and the City of Salisbury will work with the County to
establish the speed limit. Mrs.
Sample-Hughes stated that she has received a lot of complaints about speeding
in her district and has notified the Sheriff’s department of the problem. On motion of Mrs. Sample-Hughes and second by
Mrs. Bartkovich Resolution 87-2007 was unanimously approved.
Resolution 88-2007- Resolution
approving the establishment of a school construction savings plan- Mrs.
Prettyman stated that the verbiage is not clear because the resolution states
that the expenditure of funds may only be for capital construction programs
included in the Wicomico County Capital Improvements Program for Board of
Education projects, or included in the then current fiscal year’s operating
budget and reviewed by the School Building Commission. Mrs. Prettyman stated that if the County
Council is setting up a school construction savings plan for capital projects
and the monies can also be used for the operating budget that is a concern for
her. Mrs. Bartkovich stated that due to State Law 5-105 (a) which states that
all revenues received by the County
Board shall be spent by
the Board in accordance with the major categories of its annual budget. Mrs. Bartkovich stated that would mean that
all monies that are in the Operating Budget would have to stay in the Operating
Budget. Mrs. Bartkovich also asked if
the balance carry forward stays in the Operating budget but goes into the
Capital Outlay. Mrs. Bartkovich asked if
the School Building Commission can approve school building construction
costs. Mrs. Bartkovich stated that she
had previously asked Mrs. Petersen if leftover operating dollars from a
department would stay with the department to which Mrs. Petersen stated that
the monies would go back to the General Fund of the County and Mrs. Bartkovich
asked if a precedent was being set. Mr.
Baker stated that historically when the Board of Education has a surplus at the
end of the year they would come before Council and request that the monies be
set aside as a carry forward. This
Resolution now makes that an ongoing practice which would mean that if there is
a surplus over the base the money would go into a savings plan which would be
used for Capital Projects only. Mr.
Baker felt that there needed to be standards which state that the Board of
Education can use that carry forward in the next fiscal year but only for a
Capital Project which has been approved or a capital item which has been
approved in their operating account. The
County Council or the County
Executive can decide not
to follow this plan anymore and revoke it but this is a planning tool for the
Board of Education to decide which Capital Project to use the monies for. Mr. Brian Foret, Board of Education, stated
that the only location within the operating budget that capital improvement
items ever occur is in the Capital Outlay.
Mrs. Bartkovich made an amendment to Resolution 88-2007 that item three
of the Resolution would state “Expenditures of funds credited to the School
Construction Fund under this policy may only be for capital construction
projects included in the Wicomico County Capital Improvements Program for Board
of Education projects, or included in the capital outlay included in the then
current fiscal year’s operating budget and reviewed by the School Building
Commission.” President Cannon asked in
Sections five and six if the wording should state with the approval of the County Executive
or the County Council to which Mr. Baker stated that this is a policy which
requires the both. On motion of Mrs. Bartkovich and second by Mr. McCain,
Resolution 88-2007 was unanimously approved.
Resolution 89-2007- Resolution
to amend the Wicomico County Manual of policies and procedures for personnel to
adjust the start date of health insurance coverage for new employees. Mr. S. Michael Thompson, Director of Human
Resources, and Ms. Michele Ennis,
Human Resources/Payroll Budget Manager came before Council. Mr. Thompson explained that one week’s pay is
held for new employees and pension and health insurance is taken out of their
first pay check. Ms. Ennis stated that
full coverage health insurance is collected one month in advance currently and
if employees do not receive coverage for their first thirty days of employment,
the monies will not be taken out of their first pay check. Mrs. Bartkovich
asked if the part time employees will have to wait thirty calendar days or
thirty worked days before their health insurance coverage begins to which Ms.
Ennis stated that coverage would begin in thirty calendar days. Mrs.
Sample-Hughes stated that she feels that this is a good time to make a change
in the policy. Mrs. Prettyman stated
that if an employee chose to enroll in the first thirty days and chose to pay
for the insurance themselves, the employee should be given that option. Mrs. Prettyman made a motion to approve
Resolution 89-2007 with the amendment that if an employee wanted to pay for the
health insurance coverage themselves and be covered beginning their first day
of employment they could, on second by Mrs. Sample-Hughes, Resolution 89-2007
was unanimously approved.
Resolution 90-2007- Resolution
to provide current county retirees with a 2.5% cost of living adjustment
effective July 1, 2007-Mr. Thompson stated that there are eighty-five retirees
currently to which some have been retired since 1986 and have never received
a cost of living adjustment. Mr. Thompson stated that this should be
reviewed on an annual basis. Mrs.
Bartkovich asked if the Resolution should state that it is only for the current
fiscal year of 2008 to which Mr. Baker stated that it should state that this
Resolution is only for fiscal year 2008.
On motion of Mr. McCain and second by Mr. MacLeod Resolution 90-2007 was
unanimously approved.
Resolution 91-2007- Resolution
to make an appropriation of funds to the Board of Education FY2007 General Fund
Operating Budget, Special Education category from unanticipated revenues
received in the amount of $24,590-Mrs. Sample-Hughes asked if this amount would
also cover the transportation costs for Special Education. Mrs. Lynne Smoak, Supervisor of Special
Education and Ms. Donna Savko, Budget Manager came before Council. Mrs. Smoak stated there is a pre arranged
agreement and does include the four trips for special education. Mrs. Sample-Hughes asked if this was part of
the unfunded mandates to which Mrs. Smoak stated that the students that required
the more extensive services which could not be provided by Wicomico County
exceeded the amount of money which was projected. Mrs. Smoak stated there are 1,742 special
education students and between twelve and eighteen non-public students. On motion of Mrs. Prettyman and second by
Mrs. Bartkovich Resolution 91-2007 was unanimously approved.
Resolution 92-2007- Resolution
to make an appropriation of funds to the office of the Sheriff for Wicomico County and the Wicomico County Free
Library from unanticipated revenues received from the auction sale of surplus
property in the amount of $12,404.74.
Lt. Mike Elliott, Sheriff’s Office came before Council and
explained that the unanticipated revenue will be used for speed enforcement
devices to be able to handle the volume of complaints received about
speed. The amount that would be used is
$10,554.74 and the balance of $1,850 will go to the Wicomico County Free
Library for the command post by agreement of the County Executive’s
Office. Mrs. Sample-Hughes asked how
many devices the Sheriff’s Office currently has to which Lt. Elliott stated
that the office has eleven. Mrs.
Sample-Hughes then asked how many will be purchased with the funds to which Lt.
Elliott stated that five devices will be purchased. On motion of Mr. McCain and second by Mrs. Prettyman
Resolution 92-2007 was unanimously approved.
Edgar A. Baker, Jr., County Attorney:
Bill 2007-02- This
bill was originally introduced in April 2007 and the portions underlined are
the amendments made to the Bill. Mr.
Baker asked that a motion be made to amend Bill 2007-02 to include the
amendments which include the supplemental budget provided by County Executive
Richard M. Pollitt, Jr. On motion of Mr.
McCain and second by Mr. MacLeod the amendment to Bill 2007-02 was unanimously
approved. Mr. Baker stated that a motion
was now needed to adopt Bill 2007-02 as amended. On motion of Mr. McCain and second by Mr.
MacLeod discussion began to adopt Bill 2007-02.
Mrs. Bartkovich stated that due to the fact that there were not any
account numbers included on the supplemental budget she was not clear on where
the funds were going.
Mr. Pollitt explained to the Council that he and Mrs. Patrician
Petersen, Director of Finance, have a presentation prepared to present to the
Council. Mrs. Petersen stated that due
to $5,000 being cut from the Tri-County Council, the money had to go to another
Tourism account due to Tourism being an enterprise account and the $5,000 was
placed in contingency. Additional
revenue was received from Elections. The
City of Salisbury was not able to pay for their Government Office Building
reimbursement in the amount of $48,750.
Mrs. Prettyman asked Mr. Baker if the County and the City of Salisbury share the
maintenance expenses to which Mr. Baker replied that the expenses are split
50/50. Mrs. Petersen explained that the
City of Salisbury
will continue to pay for their half of the operating expenses for fiscal year
2008 but can not pay their half of the capital expenses for this fiscal year
2008. Council decided that a work session
needs to be held with Mr. Baker to establish a policy of accountability for the
City of Salisbury. The carry forward was adjusted down by
$35,008. There were two reductions from the budget with one being the Health
Department and the other being Sheriff Vehicles as they are being purchased in
the current fiscal year. Human Resources
feels that the amount being paid to worker’s compensation will be reduced next
year. The Sheriff’s office estimates
that the cost for overtime for TSA (Transportation Security Agency) funding at
the Airport will be $158,570. Mrs.
Petersen stated that she is not sure the exact amount of the reimbursement so
she estimated one third which would be $50,000.
Mrs. Prettyman stated that she does not understand why the funds come
out of the Sheriff’s office and not the Airport. Lt. Mike Elliott stated that the Sheriff’s
office and Mr. Bryant, Airport Manager, will be meeting with the State
regarding the reimbursement. Mrs.
Petersen explained that if this has to come out of the Airport’s budget this
fiscal year then the Airport would be operating in the red. Mr. Pollitt stated there was $708,049 to
reallocate. $200,000 will be added to
Roads. A supplemental budget request was
received from the Sheriff’s office which requested assigning a Deputy First
Class to the State’s Attorney office at $50,303 instead of the beginning salary
of a Sheriff’s Deputy which is $39,397.
A total of $173,546 in supplemental requests was received from the
Sheriff’s office. Mr. Pollitt explained
that he increased the Volunteer Fire Departments and Salisbury Fire Department
by a total of $75,000. $75,000 was also
added to Human Resources for a personnel study due to the fact that some
department heads do not feel that their employees are making the correct salary
and after review it shows that some employees are actually performing other
duties. The study is needed to determine
if all employees are being paid fairly. Additional
money in the amount of $10,000 was put into the Administration account for
marketing. Due to the Homestead Tax
Credit, Senate Bill 522, the State is putting a new program in place to verify
eligibility for the credit. The State is
charging each County to put the program into place and the fee for Wicomico County is $10,000. $10,000 was also added into the Community
Promotion account. The Detention Center
was also given $75,000 to fully fund the R-SAT program instead of taking the
money out of the Inmate Account.
Recreation and Parks was also given an additional $17,500 for
advertising and pickup. Planning and
Zoning was also given an additional $9,000 for the Agricultural Program. Public Works was given $1,000 and Roads was
given $200,000. General Services was
given $19,926. Council had concerns
regarding the $75,000 that will be used for the personnel study. Mr. Theodore E. Shea, II, Director of
Administration and Mr. S. Michael Thompson, Director of Human Resources came
before Council to give an explanation. Mr.
Shea stated that when the Singer study was done only a few of the jobs were
studied. Singer came up with the study
and reviewed one job per department and the review was not in depth. More in depth review needs to be done and Human
Resources does not have the complete resources to look at all positions. Mr. Thompson stated that if an employee comes
to Human Resources with a complaint, then a review is done but he feels that
all employees should be evaluated.
President Cannon does not feel that the Council has had ample time to
review and that this should be brought back for review in next year’s
budget. Overtime for Human Resources
employees will be needed for the MUNIS system which was added in the amount of
$10,000. Also, Mr. Thompson had
originally asked for funds for MUNIS training which was cut out of the budget
but Mr. Pollitt feels that it is necessary and this amount was added back into
the budget in the amount of $4,000.
President Cannon stated that the Council has two options at this time
one being to approve the supplemental budget as submitted or recommend certain
amounts for deletions and ask the County
Executive to redistribute
those amounts. Mrs. Bartkovich asked Mr.
Pollitt if he would be willing to put the $75,000 for the personnel study into
Contingency until Council had ample time to review to which Mr. Pollitt stated
that he would be willing to put the money into Contingency. Mrs. Bartkovich made an amendment to allocate
the $75,000 into Contingency instead of Human Resources with a second by Mr.
Holloway and unanimously approved. On
motion of Mrs. Sample-Hughes and second by Mr. MacLeod Bill 2007-02 was
unanimously approved as amended.
Resolution 93-2007- Resolution
to levy and impose a property tax for the fiscal year beginning July 1, 2007
and ending June 30, 2008; to provide for the payment of a service charge by a
property owner under a semi-annual payment schedule; setting the tax rates for
property, and providing for the collection of the property tax. The property tax rate is set at $0.881 on
each $100 of assessed valuation and the rate of county taxation for such
taxable year for personal property is hereby fixed at $2.203 on each $100 of
assessed valuation of such property to fund the Board of Education Operating
Budget. That in accordance with and
pursuant to the authority of the Tax Property Article, Section 10-204.3 of the
Annotated Code of Maryland, there is hereby imposed a semiannual property tax
service charge for the fiscal year beginning July 1, 2007 in the amount of
1.43% of the second semiannual property tax bill. The service charge includes lost earnings and
an administrative charge of 10% of the lost interest amount, and covers the
lost earnings for the period from October 1 through December 31. That a County local income tax withholding
rage, as expressed as a percent of the taxpayer’s taxable income, will be 3.10%
for the fiscal year beginning July 1, 2007 to further fund authorized accounts,
along with other revenues as may be duly received. That the County Executive
will cause the property tax to be collected in the manner provided by law. On motion of Mr. McCain and second by Mrs.
Prettyman Resolution 93-2007 was unanimously approved.
Resolution 94-2007- Resolution
authorizing the execution and delivery of a master lease agreement, Equipment
Schedule No. 06, an Escrow Agreement, and related instruments, and determining
other matters in connection therewith-This is for the lease purchase of
vehicles for the Sheriff’s Department.
On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution
94-2007 was unanimously approved.
Public Comments:
Mary Ashanti,
President of NAACP- Mrs. Ashanti
expressed her concern regarding the Ombudsman program that the Board of
Education is implementing without a public hearing to receive public
input. Mrs. Ashanti raised concerns such
as how will children benefit from three hours of school instead of a full day
of school, and why would the Board of Education reduce the number of hours that
the at risk children are in school. Mrs.
Ashanti
raised concerns on whether or not the child would be capable to participate in
a regular school system and would they be academically ready to receive an
actual diploma. Mrs. Ashanti feels
that the training that the students receive should lead to productivity and
lead the students to be model citizens.
Mrs. Ashanti
spoke on behalf of the NAACP and asked the Council to see that all children be
provided a full day of school.
Augustine DiGiovanna- Mr. DiGiovanna distributed handouts to
the County Council. Mr. DiGiovanna expressed
his concern that the Planning Commission has regularly violated the State and County Codes. Mr. DiGiovanna explained to Council that he
had previously sent a letter to President Cannon to see how an aggrieved person
can appeal a Planning Commission decision.
Mr. DiGiovanna went on to explain to Council the items that were in his
handouts. Mr. DiGiovanna also gave the
Council his website address where all of this information is located.
Mr. Baker stated that the County
Executive had previously requested
that he review all of the information provided by Mr. DiGiovanna and respond
back to the County
Executive. Mr. Baker stated that at this point after
reviewing some of the information he does not see where the Planning Commission
has done anything illegal but he will share his findings with the County Executive
and the County Council.
Mr. Edward Taylor-Former
Councilmember- Mr. Taylor stated that he felt that the Council has done well
especially at such a difficult time such as budget proceedings. Mr. Taylor stated that the Investment Trust
for the employees at this time is healthy and encouraged the Council to
continue to review the retirement yearly.
Mr. Taylor went on to explain that he is currently serving on two
committees which he has volunteered his time for.
Mrs. Terry Cohen-City Councilmember- Mrs. Cohen stated that
she looks forward to finding out more information about the Facilities
Management Agreement and coming to an agreement with the County Council and
being able to work with the Council.
Mrs. Cohen also expressed her concerns regarding the citizens of the
City of Salisbury
and her concern regarding the Zoo.
Harvey Stewart- Mr. Stewart voiced his concern about signs
being put up in right of way sections.
Mr. Stewart also expressed his concern about the entrance at Heather
Glen and his concern about speeding on Parker Road. He also voiced his concern about a Stop sign
on Outten Road
and Parker Road. Mr. Stewart also suggested using the Holly Center
for the MAC Center.
Mr. Baker stated that Resolution 93-2007 needs to be
amended. The amount for personal
property tax should be $2.203 and the semi-annual should be $1.43. On motion of Mr. McCain and second by Mrs.
Bartkovich Resolution 93-2007 was unanimously approved as amended.
Council Comments:
Mrs. Sample-Hughes congratulated the 2007 graduates of Wicomico County
and expressed her appreciation for the invitation to Wicomico High School’s
graduation. Mrs. Sample-Hughes also
congratulated Planning and Zoning for their immediate response to a complaint
that she received. She reminded citizens
and the Council that Hebron will hold a public
hearing on June 6, 2007 on their draft comprehensive plan at 7:00 p.m. at Westside Intermediate School. Wicomico County Library will have a ribbon
cutting on June 8, 2007 at their library located at the Centre at Salisbury. The Pittsville Branch of the Library Delmarva
Star Gazers will hold a night of Astronomy, Education
and Exploration on June 8, 2007 at 7:30 p.m.
She encourages families to attend this event. Learn to Trace Your Roots Online-there will
be an introduction on learning how to trace your roots will be held on June 19,
2007 at 6:00 p.m. at the Pittsville location.
Mrs. Bartkovich stated that on June 12, 2007
at 6:00 p.m. in the Board of Education auditorium there will be a public input
session for their current expense budget for this fiscal year.
Mr. Holloway thanked Mr. Pollitt
and his staff as well as the other Council Members for the cooperation received
working through the budget.
Mr. McCain thanked Mr. Pollitt and
his staff and the Council Members for their review and he also thanked the
public for their input.
Public Comments:
Mrs. Patricia Petersen, Director
of Finance, reminded everyone of the tax sale being held June 18, 2007 in Room
301 at 10:00 a.m.
President Comments: President Cannon thanked Mr. Pollitt and his
staff as well as Mrs. Doris Schonbrunner, Council Administrator, and Mr. Edgar
Baker, County Attorney for their hard work.
Council Comments: Mr.
MacLeod thanked Mrs. Schonbrunner and Council staff as well as Mr. Pollitt and
his staff for their hard work.
The County Council reserves the
right to close a portion of this meeting as authorized by
Section 10-(508)a of the State Government Articles of
the Annotated Code of Maryland. On motion of Mrs. Bartkovich and second
by Mr. McCain and unanimously carried, Council voted to enter into a Closed
Work Session for the purpose of discussing contract negotiations.
Legislative Session
June 5, 2007
___________________________
John
T. Cannon, President
____________________________
Stevie Prettyman, Vice President
____________________________
William
R. McCain, At-Large
____________________________
Sheree
Sample-Hughes, District 1
____________________________
Gail
M. Bartkovich, District 3
____________________________
David
A. MacLeod, District 4
____________________________
Joe Holloway, District 5
______________________
Doris Schonbrunner
Council Administrator