Wicomico County, MD
 Council Minutes
 June 21, 2005

 

The Wicomico County Council met in Executive Session on Tuesday, June 21, 2005 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.  In attendance were Anthony Sarbanes, President, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and

Larry W. Dodd.

 

STUDENT RECOGNITION

Councilman Taylor introduced Miss Brooklyn Jefferson, a third grade Magnet and TAD (Thinking and Doing) student at North Salisbury School.  Brooklyn will compete in her age group at the National Miss American Pageant August 11-13 at the Holidome and Conference Center in Frederick, Maryland. She participates in activities with the Salvation Army Youth Club, attends Wesley Temple United Methodist Church and performs with Chenaniah Studio For The Ministering Arts. Miss Jefferson thanked Council in advance for their support. Brooklyn’s mother, Nina, is a secretary in the Administrative Offices of the Department of Corrections.

 

MINUTES

On motion by Mr. Taylor the Minutes of June 7, 2005 were approved as amended.

 

ADMINISTRATIVE DIRECTOR’S REPORT

Theodore E. Shea, Administrative Director, presented the following items of business.

 

Department of Agriculture

Mr. Shea recalled, in the current year’s budget Council’s approved $3,000 for the suppression of gypsy moth. Using estimated figures from the previous year the Department of Agriculture, based on the State’s current information, determined the egg mass population in Wicomico County calls for the conduct of up to 350 surveys, at a cost of $3,500. Council is advised this will require a transfer from Contingency when the invoice is presented from the State.

 

Compensation and Allowance Commission

Mr. Shea reported that six members of the 2001 Compensation and Allowance Commission have agreed to serve on the Commission for the upcoming 2006 General Election.  The Charter provides that the Commission consists of eleven members. On motion made by Mr. Dashiell, seconded by Mr. Long and unanimously carried, Council appointed Henry Tilman, Kimberly Dumpson, Raphael Correa, Stephanie Willey and Kenneth Matthews to the Commission. At its June 7th meeting, Council re-appointed those members who agreed to serve if reappointed:  Orville Penn, Gloria Howard, Debbie Richardson, Josh Farlow, Marian Hack and Charles Smith, III.

 

Board of Education Budget Transfers

Present were Charles Bounds, Assistant Superintendent for Administrative Services, Tom Field, Assistant Superintendent of Curriculum and Instruction and E. Bruce Ford, Comptroller.

 

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 June, in the amount of $315,995, contingent upon Council approval. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved the request.

 

The Board also transferred funds within the major categories of its Annual Budget for fiscal year 2004-2005 for the month of June, in the amount of $684,268. Council action is not required to make transfers 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 June in the amount of $3,416. No action is required.

 

Circuit Court Capital Account

Wendy Riley, Judicial Administrator, recalled the March 15, 2005 meeting wherein Council agreed to transfer $75,000 from its Contingency Fund for the renovation of the handicapped ramp on the west side of the courthouse, bringing it to ADA (American Disability Act) compliance. The formal bidding process resulted in one bidder, TEMCO Builders, Inc., at a cost of $156,459. Ms. Riley reported that the balance in the Capital Account, $81,059 is insufficient to cover the costs and, since the court cannot encumber the funds (the contract cannot be awarded until all funding sources have been confirmed and a vendor identified) unused monies revert to the County’s General Fund at the end of the fiscal year. While the court is actively seeking other funding sources, a funding source is not expected prior to June 30.  Mrs. Riley wishes to alert Council that in FY’06 the court will request the funds be re-appropriated for this purpose. At the suggestion of Mrs. Bartkovich, the Director of Finance will determine if the $81,059 can be deposited into the County’s Capital Reserve Account, rather than the General Fund, then transferred out when needed. Should she determine this cannot be accomplished the funds would have to be transferred from the Contingency Fund.

 

Purchase of Digital Recording Equipment

The Administrative Office of the Courts for the State of Maryland is assisting all Circuit Courts in the State in acquiring digital recording technology. Mrs. Riley presented a check in the amount of $175,120, to be placed in a restricted revenue account for the Circuit Court to purchase the equipment. Any unused portion is to be returned to the Administrative Office of the Courts.

 

Office of the State’s Attorney

Davis Ruark, State's Attorney, came before Council regarding their budget status. Formal notification through Project Safe Neighborhood confirms that Wicomico County would receive grant funding in the amount of $101,088 for Project Exile.  The total will not come to Wicomico County as a unit but for disbursement to various law enforcement agencies; including the State's Attorney's Office - to be used to combat gun crime.  Mr. Ruark explained the grant, which commences April 1 to March 30, 2006 was used to hire an Assistant State's Attorney devoted to the Exile Project. He also wished to call to Council's attention that Wicomico County will not be reimbursed for the salary of his staff related to the Diversionary Program until after the end of the quarter, June 30, and the amount that he will receive will be $15,000 in excess of what he budgeted. Subsequent expenditures associated with the position would be reimbursed through Project Safe Neighborhood. Mr. Ruark requested Council permission to transfer $15,000 from the additional Diversionary Program funds into his account to pay the salary. Mr. Taylor motioned approval.  The motion was seconded by Mr. Dashiell and unanimously carried.

 

Mr. Ruark announced that a public forum would take place at the West Side Youth Club, June 23rd, 6:30 p.m.  The purpose of which is to discuss gun crime and to propose cooperation between law enforcement agencies and the community.

 

OFFICE OF THE SHERIFF

Sheriff R. Hunter Nelms and Major Doris Schonbrunner came before Council for clarification of a technical budget issue. The Sheriff's department receives reimbursements for overtime for grants and community programs. The reimbursements are forwarded to the Finance Department.  His understanding is that in the past these were credited to the department's Salary Account however this year the Salary Account reflects a negative balance of $222,000, with reimbursables not credited to the account.  Mrs. Petersen confirmed that (1) the department received the revenue and (2) that in the past, the Sheriff’s understanding was correct - he did not budget reimbursable revenues or expenses; the revenues were used to offset the expenses.  The Sheriff's budget reveals that the department budgeted overtime revenues but did not budget overtime expenditures.  Therefore, the expenditures side of the budget is under budgeted leading to the negative balance.  To correct the problem, Mrs. Petersen recommends Council either approve a transfer from Contingency or allow the auditors to make the correction.  Mr. Shea cautioned Council that allowing the auditors to make such a large correction might have a negative impact on the County's bond rating.  Mrs. Petersen then stated that at this time, it looks like the department should have positive balances in other accounts and that the total deficit for the department is estimated at $150,000.  She recommends a transfer from Contingency for $125,000, with the auditors making any final immaterial adjustment.  On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council authorized a transfer from Contingency and, that Mrs. Petersen would return to Council with a clarification in procedure that would correct this situation in future budgets.  For further clarification, Mr. Dodd asked to have a written version of the technicality. 

 

Drill Academy Expenditure   

Mr. Shea submitted an invoice in the amount of $477.94 for current expenses. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved the payment from Contingency. 

 

 

Legal Account

 Edgar A. Baker, Jr., County Attorney, submitted a request for an additional $40,000 to defray costs associated with legal services to Wicomico County.  On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried Council approved the request.

 

Charter Review Committee

Mr. Shea stated the Charter Review Committee has served its function and is disbanded.  In view of the upcoming Compensation and Allowance Commission for the next Council, Mr. Shea recommended a letter of thanks to each Charter Review Committee member.  Mrs. Prettyman motioned approval.  Mr. Dodd seconded the motion and it was unanimously carried.

 

Councilmanic District Map

Mrs. Bartkovich shared that she discovered the Legislative map on the Internet.  It was then her suggestion that the County provide the Councilmanic District map on its website. Further, that she has discussed this with the Planning Office staff that will work toward accomplishing the request, to also include posting an overlay precinct map.

 

DEPARTMENT OF FINANCE

Statement of Latest Investment Rates/Balances for all County Funds

Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance, $15,108, Capital Project Fund balance, $32,061,724; Total Major Non-designated Funds, $52,534,623; and Total Reserve Funds of $6,181,234.

 

Housing Authority PILOT Payments

By memorandum from the Finance Director, Council is aware that the Housing Authority is two years behind in its PILOT payments to Wicomico County. While the exact payment amount, which including funding to the City of Fruitland is not available, Mrs. Petersen assured Council the Housing Authority’s attorney is working on the issue. She also advised that the Department of Housing and Urban Development (HUD) would be involved in whatever arrangements are made to pay the debt. 

 

Indentured Loans with Maryland Water Quality Financing Administration

Maryland Water Quality Financing Administration is in the process of refunding a portion of its outstanding revenue bonds.  Wicomico County has a vested interest in part of the bonds; two outstanding loans maturing February 2007 and March 2012.  Wicomico County is being offered the opportunity to extend its outstanding debt for an additional ten years, at an estimated savings of approximately $26,986.  Mrs. Petersen reminded Council while there might be a savings, the County will pay costs associated with bond counsel fees and the administrative part of the process.  She recommends that Wicomico County not participate in this offer.  On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council agreed not to participate in the offer.

 

Hebron Volunteer Fire Department

Hebron has submitted a request for its proportionate share of the Capital Incentive Sinking Fund, in the amount of $63,000 for a new pumper truck. Accompanying the request is bank certification that matching funds are available. On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved. Mrs. Petersen noted Hebron had not submitted its State MFIRS reports, which affects their 508 State funds. Council agreed not to mix State and County funding sources and further agreed not to withhold County funds for this reason but to send Hebron a letter strongly encouraging their submission of the reports. Mrs. Petersen wished Council to know the four companies that were part of the audit for 508 State funds have all complied. 

 

ACI Payments

For information purposes, Mrs. Petersen reported payments to ACI in the amounts of  $1500 and $5100, bringing total payments to $14,140.

 

FY 2006 Budget Update

Mrs. Petersen reported the process to finalize the Operating Budget is 95% completed. When finished, pie charts will be completed and the final budget document will be forwarded to Council. Following are the two actions taken to implement Council’s budget decisions:

1.      On June 3rd, departments received an e-mail requesting guidance on where to put any adjustments, offering two options:  (1) put it all in County Capital, or (2) if over $25,000 put it in County Capital, if under $25,000 put it in Contingency. When the budget is finalized she will advise where the funds were placed.

2.      The Youth & Civic Center’s budget was originally presented as part of the General Fund and therefore did not include benefits, which are paid elsewhere in the General Fund.  The Y&CC will begin including those benefits in its FY 2007 budget.

The budget will be put on the County website when finished and made available to the media and citizens at that time.  Mrs. Prettyman requested clarification on the Civic Center budget.  Mrs. Petersen explained, when the Civic Center’s budget was presented, Council had not voted to make it an Enterprise Fund therefore the benefits were included in the General Fund - and that’s how the budget was passed. It was never moved during budget discussions to the Enterprise Fund. Mrs. Prettyman stated she wished to see the Civic Center begin its own payments for benefits in FY06 rather than FY07 as proposed, possibly a Council oversight however all other Enterprise Funds pay their own salaries and benefits. Mrs. Petersen stated if Council wished to do that she would be happy to switch. Mrs. Bartkovich stated she would think the Civic Center should pay for all its benefits. President Sarbanes asked if any excess funds would go into the County Capital, to which Mrs. Petersen responded would depend upon the dollar amount. President Sarbanes asked to be advised. Council will receive copies of budget letters to departments and agencies. 

 

 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 May 31, 2005.  Mrs. Petersen advised that MUNIs has corrected the current year’s personal property tax bills however bills will be done outside the system this year because of changes to current forms.  Mrs. Bartkovich asked if the Civic Center’s Event – Revenue account would continue to appear on the report next fiscal year since it has become an Enterprise Fund and no other Enterprise Fund is reported. Mrs. Petersen stated if Council wished to see the reporting, the account could be moved out of the General Fund column along with moving the D.R.I.L.L. Academy revenues and expenditures from the report.

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY (to be continued)

Public Notice

NOTICE IS HEREBY GIVEN, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland will hear public comments on the following proposed resolution at their regular meeting in the County Council chambers, Government Office Building, in Salisbury, Maryland, on:          Tuesday, June 21, 2005, Commencing at 11:00 a.m.  The County Council proposes to consider the request of Gemcraft Homes, Inc. for the relocation of a forest conservation easement. The existing easement is located within the Shadow Hills Subdivision and contains approximately 20,069 Square Feet of forest conservation as shown on a plat entitled A Relocation of Forest Conservation for Lots 12, 14-18 23, 25 and 27-29. The portion to be removed contains approximately 19,069 square feet of land, more or less, and is located on the rear portion of lots 12, 14-18 and 27-29 and the westerly side of 25 as shown on the aforesaid plat.  Said easement areas are to be released.  Payment will be made into the County ”In-lieu” fund for forest conservation at the rate of 2 for 1. The request has been reviewed and approved by the Wicomico County Planning Commission. The plat of the easement area to be released is available for review at the Department of Planning, Zoning and Community Development.

 

There were no public comments. Charles Ward, Planner, told Council the Forest Conservation relocation has been reviewed by no less than seven different engineers, both County and private engineers contracted by Gemcraft.  Further, between the Department of Public Works correcting the drainage and saving as much of the Forest Conservation areas as possible, there is no other alternative other than moving the existing houses.  On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council accepted the proposal.

 

P. RAI SHARMA, DIRECTOR, DEPARTMENT OF PUBLIC WORKS

Construction Bond

Eastfield Development, Kirt Kinnamon, requests permission to post a bond in the amount of $277,000 to make improvements in the Kaywood Subdivision. The bond will allow the developer to record the plat, obtain building permits or sell the lot (s); the developer cannot obtain occupancy permits until the improvements are complete and accepted by the Public Works Department.  On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved.

 

ROBERT BRYANT, AIRPORT DIRECTOR

Bid Award – Taxiway “C” Phase 2

The Purchasing Department let bids on behalf of the Airport for the construction phase of Taxiway “C”.  Three bids were received with the low bid submitted by

H. E. Sargent, in the amount o f $3,399,977.  The project is paid through a grant from the Federal Aviation Administration equaling 95% of the total costs; the remaining 5% is equally divided by a grant from the Maryland Aviation Administration and the Airport Commission.  The Airport Commission’s 2.5% cost is paid through the collection of passenger facility charges.  On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council awarded the bid to H. E. Sargent as recommended.

 

Delta Airport Consultants’ Engineering

Mr. Bryant requested approval of Delta’s Amendment #16 – Rehabilitate Runway

14-32 – Phase 1- Construction Phase.  The Amendment is in the amount of $454,935; 95% paid through Federal Aviation Administration and the remaining five percent equally divided between Maryland Aviation Administration and the Airport Commission. The Airport Commission’s 2.5% is paid through the collection of passenger facility charges.  The document has been reviewed and approved by the County Attorney.  On motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council granted approval.

 

Five-year Rental Car Concessionaire Agreements (3)

The Purchasing Department let bids on behalf of the Airport Commission for the purpose of awarding three five-year rental car concessions.  The term of the Agreement begins July 1, 2005 and expires June 30, 2010.  Mr. Bryant received four bids and wished to recommend Avis Rent A Car Systems, Inc., minimum 5-year guarantee = $303,000; JD Automotive Group, Inc. (a Hertz franchise) minimum 5-year guarantee = $222,300 and Enterprise Leasing Company of Baltimore, minimum 5-year guarantee = $162,000.  On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council awarded the three five-year rental car concessionaire agreements as recommended.

 

EDGAR A. BAKER, JR., COUNTY ATTORNEY

Resolution 595

On motion made by Mr. Dashiell, seconded by Mr. Dodd and unanimously carried, Council adopted Resolution No. 595, A Resolution of the Wicomico County Council of confirming, re-establishing and reconstituting the Local Management Board for Children and Family Services of Wicomico County; providing for the membership, terms, duties, supervision, compensation and overall governance of the Local Management Board; designating the Local Management Board as the local planning entity; providing that this Resolution shall be effective until the enactment of a public local law or other resolution governing the Local Management Board for Children and Family Services of Wicomico County.

 

Resolution 596

On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council adopted Resolution 596, A Resolution of the County Council of Wicomico County, Maryland establishing the National Incident Management System (NIMS) as Wicomico County's Incident Management System, and improving eligibility for access to state and federal funding.

 

Resolution No. 597

On motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council adopted Resolution No. 597, A Resolution to establish an abandoned vehicle permit fee.

 

Resolution No. 598

On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council adopted Resolution No. 598, A Resolution to establish a schedule of fines for violations of the Housing Code.

 

Legislative Session

On motion made by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately maintained from Executive Session and are public information.  The following Bills were introduced:

 

Bill 2005-6:  AN ACT to adopt a Hazardous Materials law for the purpose of supporting those agencies within the municipalities and county which are charged with the responsibility of responding to incidents involving hazardous materials and thereby incur unexpected budgetary expenditures, by providing for cost recovery for response and recovery efforts related to hazardous materials incidents; providing for liability for costs; and providing for collection and disbursement of funds for cost recovery.

Bill No. 2005-7:  AN ACT to amend Chapter 203, of the Wicomico County Code, entitled “Taxation,” by creating Article XI, Section 203-24, entitled “Imposition and Rate of User Fee” and Section 203-25, entitled “Dedication” imposing a Five percent (5%) user fee on charges for ticketed events at the Wicomico County Youth and Civic Center and dedicating the revenue to the physical improvement and renovation of the Civic Center. 

Bill No. 2005-8:  AN ACT to amend Chapter 174, titled “Nuisances,” Section 174-1, titled “Nuisances enumerated,” paragraph Q (1) of the Wicomico County Code, to reduce the height of the uncontrolled growth of weeds permitted for code compliance.

Bill No. 2005-9:  AN ACT to amend Chapter 160, titled “Housing Standards,” Section 160-5, titled “Applicability of provisions,” adding paragraph A.1 and amending paragraphs A and E of the Wicomico County Code, to make the standards pertaining to the exterior condition of structures for human habitation contained in the chapter applicable to owner occupied single family dwellings; including provisions on the authority of the Housing Official, Notices and Orders, Violations and Penalties and appeals. 

Bill No. 2005-10:  AN ACT to amend Chapter 156, titled “Garbage, Rubbish and Refuse,” to add a new Article II, titled “Household Refuse Permits” requiring a permit for the disposal of household refuse at transfer stations, establishing the procedure for application, qualification, issuance, fees, denial, display, suspension, and revocation of permits; and violations and penalties. 

 

With the Legislative Session concluded and on motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council adjourned Legislative Session to reconvene in Executive Session.

 

WICOMICO NURSING HOME

Budget For Fiscal Year 2006

 Mary Schwartz, Administrator, joined by Gina Nanna, Assistant Administrator, came before Council to present the Operating Budget for Fiscal year 2006.  The budget includes Income and Expense Summary with Supporting Detail, Employee Benefits and Capital Budget. Mrs. Schwartz reported an occupancy rate of 96.2%. The revenue side includes a room rate increase ranging from 2.9% to 3.7%, with a potential increase of up to 4%, if everyday is current with private-paying residents.  Anticipating an increase in Medicaid costs, the budget provides for a 2% increase while the Medicare rate remains flat.  A 4.9% increase is projected on the Expense side, projections for overall salary increases of 5% total labor, including contracted services and the Director’s salary. On motion made by Mr. Taylor, seconded by Mrs. Prettyman and unanimously carried, Council adopted the budget as submitted.

 

ALLEN VOLUNTEER FIRE COMPANY

Promissory Note

The County Attorney recalled the recent work session wherein Council discussed terms of a loan agreement to The Allen Volunteer Fire Company, Inc. Highlighting the Agreement, the Borrower promises to pay Wicomico County, Maryland, or order, the principal sum of $45,000.00, without interest, on the unpaid balance from the date of the Note until paid, in equal amounts of $5000.00 per year, the first of which said installments shall become due and payable on July l, 2010 and subsequent annual installments on like dates of each and every year thereafter, until the full amount of principal shall have been paid in full. The payment shall be made by subtracting the annual installment due hereunder from the amount appropriated to The Allen Volunteer Fire Company, Inc., commencing July l, 2010 and each year thereafter until the principal sum is paid in full. Mr. Fred Moore, representing the fire company was present and agreed these were the terms discussed.  On motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council approved the conditions of the Promissory Note as prepared by the County Attorney, who will arrange finalization by the appropriate signatory.  Mr. Moore invited Council members to the July 9th Open House.

 

PUBLIC COMMENTS

Sgt. Anthony Dickerson, Wicomico County Detention Center, thanked Council members for contracting the Singer Group to do an evaluation of County salaries.   While the study proposed increases to bring County employees, and more specifically Department of Corrections’ employees to a market level, Sgt. Dickerson wished to know if Council had a mechanism in place to continue a level of funding that would keep the department in line with the market. Mr. Shea responded the Human Resources Department together with the Singer Group scheduled and conducted meetings to explain the study to all employees. The study allowed for an increase to employees whose salaries were below the minimum, in addition to a 3% across-the-board increase for all employees approved by Council.  Mr. Shea referred Sgt. Dickerson to Tom Calo, Director of Human Resources for further explanation.

 

Mr. Kenneth Holland questioned and was responded to, with schedules of operation for grass cutting.

 

COUNCIL COMMENTS

Mr. Taylor reminded Council of a recent citizen’s request for the control of barking dogs.  He solicited the opinions of his colleagues and the County Attorney for enforcement.  Council members expressed their interest and requested that the County Attorney investigate how control is handled in other jurisdictions.  Mr. Taylor asked that the County Attorney or Mr. Shea respond to the citizen.

 

There being no further business to come before the County Council the meeting was adjourned to an Open Work Session on motion made by Mr. Dodd and unanimously carried.

                                                           

______________________________________

                                                            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

Executive Session June 21, 2005