Wicomico County,
The Wicomico County Council met in Executive Session on
Tuesday, June 20, 2006 at 10:00 a.m., Council Chambers,
President Sarbanes brought the meeting to order calling for a motion to approve the Minutes of June 6, 2006. On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, the Minutes of June 6, 2006 were approved as corrected.
President Sarbanes introduced Joe Gidjunis, reporter, whose assignment includes covering County Council meetings for The Daily Times newspaper.
President Sarbanes presented the following Proclamation to the Beth Israel congregation.
PROCLAMATION
BY THE
WICOMICO COUNTY COUNCIL
80TH YEAR CELEBRATION
BETH
WHEREAS: Beth Israel was founded in 1925 and conducts
weekly Sabbath services and offers youth group activities, religious
school programs and adult education; and
WHEREAS:
The Board of Governors of Beth Israel has chosen to celebrate its
Eightieth Anniversary with a special Gala,
June 25, 2006; and
WHEREAS:
The Beth Israel congregation has greatly enhanced many lives through
their generous contributions and commitment to our community.
NOW, THEREFORE, BE IT
RESOLVED, that the Wicomico County Council takes pleasure in recognizing the
Beth Israel congregation who, over the past eighty years has provided religious
services and programs to residents of the Lower Eastern Shore of Maryland,
Delaware and Virginia.
ADMINISTRATIVE
DIRECTOR
Theodore E. Shea, II, submitted the following items of business:
Board of Education- Budget Transfers
Present were Charles Bounds, Assistant
Superintendent for Administrative Services and E. Bruce Ford, Comptroller. Mr.
Shea reported a request to transfer funds between categories of the Board’s
approved Annual Budget in the amount of $207,158, for the month of June. The request received approval of the Board at
its regular meeting on June 13, 2006.
Upon motion made by Mr.
Supplemental
Appropriation
At its regular
meeting on June 13, 2006 the Board unanimously agreed to seek Council approval
for a supplemental appropriation to their current fiscal year General Fund -
Unrestricted Operating Budget, from the following available resources: $50,000
from other LEAs (Local Education Agencies) and $200,000 from interest earned on
investments. Further, to appropriate these funds to the Board’s Capital Outlay
category for the potential acquisition of land. Upon motion by Mrs. Prettyman,
seconded by Mr. Taylor and unanimously carried, Council granted approval.
Superintendent’s
Agreement (In-home Office)
Mrs. Bartkovich informed
Council that she received an inquiring regarding costs associated with an
in-home office for the Superintendent. It was the caller’s opinion that, since
the Board will negotiate a contract for the new Superintendent, that attention should
be drawn to this extravagant expense, in consideration of the many needs of the
school system; particularly textbooks
and instructional materials. Mrs. Bartkovich remarked that she wished to make the
public statement that she encourages the Board to be cautious in the perks of
the new agreement because of the many needs of the school system and, that she
feels tax dollars should be spent for the students. Mr. Bounds responded that he
was not familiar with the Board’s negotiation of the agreement nor does he have
any oversight; negotiations are made directly with the Superintendent however,
in his opinion it is not extravagant for the CEO of the largest business in
Indigent Burials
Mr. Shea advised that the
Board of License Commissioners
Council is aware that the Board of License Commissioners was named in a Federal lawsuit in District Court. The contracted attorney has surpassed the working hours he is currently salaried to perform and the Board requests a transfer of funds from Fine Account (001.253.00.351.10) to Contractual Account (001.253.00.034) to compensate the extra time, $10,515; the Director of Finance certified funds are available. Upon motion by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved the transfer.
Enterprise Zone designation – United Parcel
Services, Inc.
Mr. Shea reported that United Parcel Services, Inc. requests Enterprise
Zone designation.
The firm meets qualifying criteria and the City of
Enterprise Zone designation Rent-A-Man Services, Inc.
Mr. Shea reported that Rent-A-Man Services, Inc. requests Enterprise
Zone designation.
The firm meets qualifying criteria and the City of
July 2006 Executive Session
Mr. Shea announced the next Executive Session is Wednesday, July 5th rather than July 4th, a legal holiday. President Sarbanes asked that the Daily Times assist in announcing the change.
Elections Director
Mr. Shea introduced the newly appointed Elections Director Anthony
Gutierrez, formerly of the State of
Legislative Discussion - Edgar A. Baker, Jr.,
Mrs. Prettyman asked to enter Legislative Session to withdraw Legislative Bill 2006-7, Housing Standards, introduced in Legislative Session on June 6, 2006 and scheduled for Public Hearing July 18, 2006 because the legislation is flawed. Seeking the advice of Counsel, Mrs. Prettyman asked Mr. Baker whether the Bill should be withdrawn, sent back to Planning and Zoning for a re-write, and the entire Code studied. Mr. Baker responded that he did not review the existing Code for flaws, he divided it into owner-occupied/rentals and further, if there are flaws and if they are extensive, the County’s Code Enforcement Division should identify the problems and recommend changes. President Sarbanes stated he would like to see Council withdraw the legislation and, together with Planning and Zoning, take a look at what is perceived to be flawed. Mrs. Prettyman then made a motion to enter Legislative Session to withdraw Legislative Bill 2006-7. Mr. Dodd seconded the motion. Discussion ensued. Mr. Long wished to confirm that the Bill could be withdrawn during the Public Hearing. Vice President Dashiell expressed concern that Council is asked to make a decision to withdraw legislation that has already been introduced based on flaws they have not discussed. Mrs. Prettyman added that Council received the legislation two weeks ago, which provided an opportunity to peruse. Jack Lenox, the Director of Planning told Council the Bill was intended to deal with a specific issue, conforming the existing Standards to single-family/ owner/occupied, which is currently an exemption. Approving the Bill would continue to repeat the existing language in the Code. He noted from a staff perspective, there has been difficulty explaining the intent of a previous Council who adopted the legislation. He therefore agrees a work session is in order. Mrs. Prettyman shared that a major concern for her is in Section 160-5, Applicability of Provisions. President Sarbanes stated Council had engaged in discussion that should happen during a Hearing and reiterated his recommendation to withdraw the Legislation provided Council has a work session, acknowledging the Bill would not be heard on July 18th. Mrs. Prettyman repeated her motion to enter Legislative Session so that she could make a motion to withdraw the Legislation. Legislative Minutes are not a part of this Executive Session but are attached and part of the Official Record.
Elected Executive Form of Government
Mr. Dashiell recalled that in December 2006 the government in
Statement
of Latest Investment Rates/Balances for all
Ms. Petersen submitted the Financial Report. Total General Fund balance, $545,340, Capital Project Fund balance, $48,199,537; Total Major Non-designated Funds, $74,245,245; and Total Reserve Funds of $8,921,383. Amount used from Contingency to date, $240,825, Contingency balance, $734,175.
Highlights of Significant Financial Transactions
Ms. Petersen reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through May 31, 2006.
Grass Cutting Bills
In
accordance to an agreement that the Director of Finance be authorized to make
payments for grass cutting up to $250 without
Council approval, she reported payments for grass cutting: $185 for
Mrs. Bartkovich
commended the Finance Department for their role in the recent Tax Sale.
DEPARTMENT OF PUBLIC
WORKS, ROADS, SOLID WASTE
P.
Upper Ferry - Update
David Tolbert, Supervisor, joined Mr. Sharma to update Council on the Upper Ferry. Mr. Sharma told Council the ferry will be taken out of the water the first week in July for maintenance. Mr. Tolbert explained the cost effectiveness of removing the ferry during the summer months rather than winter; paint adheres and heat and light are not required.
In response to the inconvenience for citizens who use the ferry, Mrs.
Bartkovich commented if the State had followed through on the plan to complete a
loop around the bypass and a bridge over the river, the issue would be
resolved. Mr. Sharma agreed however he recalled a meeting with State Officials
approximately ten years ago wherein the bridge was proposed and met opposition
from surrounding neighborhoods. The approaches to the bridge would be close to
JACK LENOX, DIRECTOR,
PLANNING, ZONING AND COMMUNITY DEVELOPMENT
Mr. Lenox reported that the Lower Shore Land Trust mandates that Federal Farmland Programs and Ranchland Protection Programs allow fifty-percent of an easement purchase from grant funds and fifty-percent must be a match from other sources. He recalled Council’s previous approval to transfer funds from the Agricultural Transfer Tax Fund. To proceed to settlement on the Blan Harcum District #2 Easement, Council must authorize the transfer. Upon motion made by Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council granted permission.
EDGAR A. BAKER, JR.,
Public Hearing
NOTICE IS HEREBY GIVEN in compliance with Section 22-(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland will hear comments, protests and objections, to the proposed Resolution to lease from Robert E. Kambarn and Barbara R. Kambarn, property located on the northerly side of Bateman Street known as Lot 6, shown on a plat dated March 1997 and recorded among the land records of Wicomico County, Maryland in Plat Cabinet M.S.B.11, 214 and also known as 123 Bateman Street, Salisbury, Maryland, improved with a 4400 square foot building.
The property shall be used by
Public and Council Comments: Mr. Long received an affirmative response to his question of whether the Board was pleased with its present accommodations. Mrs. Bartkovich commended the convenience of the location and its accessibility to the public. With no further comments, upon motion by Mr. Long, seconded by Mrs. Bartkovich and unanimously carried, Council granted approval.
PURCHASING - BID AWARD
Frederick Harris,
Purchasing Agent,
Mr. Micciche stated that following the June 6th meeting
he arranged with both vendors to re-present their system to organizations that
either have a video surveillance system or has expressed a need for such a
system; Department of Corrections, Information Technology, Emergency
Management, Airport, Office of the Sheriff and Salisbury City Police
(Recreation and Parks could not attend). Following the presentations and based
on the thirteen requirements issued on the first Request for Quotes, the
unanimous recommendation was to award the bid to Avrio Group and eventually other
organizations in the County. At the
collective recommendation of Messrs. Micciche, Harris and Devenyns, Mr. Long
offered a motion to award the bid to Avrio Group. Mr. Taylor seconded the
motion. Mrs. Prettyman confirmed costs, $63,210; Reed Security, $46,313. Mrs.
Bartkovich noted the system can be serviced in-house whereas Reed Security
Systems can not; which is a savings to the County. Representatives of Avrio
Group were present and confirmed their establishment as a local company. Mr.
Micciche explained conversion costs for the existing server estimated at $7,000.
Mr. Dodd confirmed access to the expertise of the vendor and asked if the Community
Correctional Annex (formerly known as
MARY SCHWARTZ,
ADMINISTRATOR, WICOMICO NURSING HOME
Budget Presentation
Mrs. Schwartz provided highlights of the Operating Budget for Fiscal Year 2006-2007 for the Wicomico Nursing Home; Income and Expense Summary with supporting detail, Employee Benefits detail, Capital Budget and Projected bed utilization and Revenue Projections. Mrs. Schwartz stated the budget was prepared on the basis of a 6-7% room rate increase, an occupancy rate of 95%, overall salary cost increase of 5% and no increase in Medicare and Medicaid per diems. Indications are that excess revenue for the year is about $11,000. Mr. Long queried staffing problems, to which Mrs. Schwartz responded she has a full compliment of nurses; the challenge is retaining nursing assistants. Mr. Dodd remarked that staffing is an across-the-board issue in the Health Care field however he hears many good things about Wicomico Nursing Home. He encouraged Mrs. Schwartz and her staff to keep up the good work. Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the budget.
PUBLIC AND COUNCIL COMMENTS
Ms. Prestina Hutt, who stated she represents the handicapped in
Dr. Augustine DiGovanna, resident, distributed a prepared statement with questions and accompanying tables, regarding his opinions of government waste and the rate of population growth in the County.
Mr. Fred Moore, resident, came before Council with concerns for
needed road improvements on
Mrs. Prettyman stated she appreciated Council considering and taking action on withdrawing the Housing Standards legislation. Mr. Dodd stated the legislation is sensitive, needs work, and he looks forward to having public input. Further, that he is concerned with government telling the public what to do with private property. He hopes there is a suitable resolve that will satisfy all concerns. Again, he thanks everyone for viewing PAC 14 and their involvement in the local government process. President Sarbanes concurs that the legislation is sensitive and he, like others, is approached about housing conditions in the County; basically that the County only enforces restrictions on tall grass and untagged vehicles.
The President reiterated to the public viewing audience that the next meeting is Wednesday, July 5, 2006 and, that the deadline to file for public office is Monday, July 3, 2006, 9:00 p.m.
Mr. Dashiell moved
to adjourn Executive Session and to conduct a closed work session. The motion was seconded by Mrs. Prettyman and
unanimously carried.
There being no
further business to come before the Council in Executive Session, the meeting was
adjourned.
__________________________________
Anthony
Sarbanes, President
__________________________________
Charles
R. Dashiell, Jr., Vice President
__________________________________
Edward
T. Taylor, District 1
_________________________________
Stevie
Prettyman, District 2
__________________________________
Gail
M. Bartkovich, District 3
__________________________________
Marvin
R. Long, District 4
__________________________________
Larry
W. Dodd, District 5
___________________________
Theodore E. Shea, II
Administrative Director
June 20, 2006