Wicomico County, Maryland

Council Minutes

July 20, 2004

 

            The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, July 20, 2004 at 10:00 a.m. in the Council Chamber, Government Office Building, Salisbury, Maryland.

 

            President Sarbanes called the meeting to order.  On motion of Mr. Long, second by Mr. Dodd, the July 6, 2004 Minutes were approved as submitted.

 

ADMINISTRATIVE DIRECTOR

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

 

Appointments to Boards and Committees

At the request of Carol Ann Mumma, Director, Department of Social Services, and on motion of Mr. Long, seconded by Mr. Dodd, Council unanimously approved the appointment of Virginia Dulany, Medical Director of Deer’s Head Center, to serve on the Adult Public Guardianship Review Board.

 

At the request of Sandy Smith, Chair, Wicomico County Health Planning Board and on motion of Mrs. Prettyman, seconded by Mr. Dashiell, Council unanimously approved the re-appointments of Doug Wilson, Ward Lambert and Dr. Nevins Todd for three-year terms on the Board.

 

Board of Education Requests for Budget Transfers

The Board, during its July 13, 2004 meeting, gave approval for a transfer, which also requires Council’s approval, involving the transfer of funds between major categories of the budget for fiscal year 2004-2005, in the amount of $76,367.   Following questions posed by Council and on motion of Mr. Taylor, seconded by Mr. Long, the budget transfer received unanimous approval. 

 

The Board also approved transfers under $1,000 between categories in the amount of $1,026 and transfers within major categories in the amount of $199,494.  These transfers do not require Council approval.

 

City Liaison to Library Board

The Wicomico County Free Library previously requested the creation of a City Council liaison position on its Board of Trustees.  In response, the Salisbury City Council has designated Mrs. Lynn Cathcart as Council representative.   On motion of Mr. Long, seconded by Mrs. Prettyman, Council unanimously approved the appointment of

Lynn Cathcart, Salisbury City Council, to the Library Board of Trustees.

 

Comcast Performance Evaluation

Mr. Shea advised Council that the County Code allows for performance reviews of the Franchise Agreement between Comcast and the County government, within thirty days of the third and sixth anniversary dates of the award or in this case, renewal of the

 

 

 

agreement.  Mrs. Bartkovich remarked that the thirty-day period has expired; Mr. Shea responded that either party might call special evaluation sessions at any time during the term of a franchise.  Following brief discussion, Council members agreed that a meeting would be beneficial.  On motion of Mr. Long, seconded by Mr. Dashiell, Council unanimously approved calling for a special evaluation session to be held during the next Executive Session.

 

Circuit Court Grant Award

Mr. Shea announced a grant award for fiscal year 2005 to the Circuit Court for Wicomico County under the Family Divisions/Family Services Grant Program of the Maryland Judiciary.  The Honorable Donald C. Davis is requesting Council’s approval to utilize $25,038 for a full-time, non-benefited clerical position to assist the Family Services Coordinator.  On motion of Mr. Dashiell, seconded by Mr. Taylor, Council unanimously approved the request.

 

Wicomico Partnership – Approval of Grant Applications

Linda Hardman, Director, Wicomico Partnership for Families & Children informed Council that the agency would like to apply for an Early Learning Opportunities Act grant to fund the Growing Young Readers Program in the amount of $29,000.  The 17-month program plans to serve the Tri-County area of Wicomico, Worcester and Somerset counties.  On motion of Mr. Long, seconded by Mrs. Prettyman, Council gave unanimous approval for the grant application.

 

In addition, Wicomico Partnership, in cooperation with the Wicomico Child Advocacy Center, Social Services, State’s Attorney’s Office, Sheriff’s Office, Salisbury Police Department, Maryland State Police and Life Crisis Center, proposes to design and implement a one-day victim recantation program geared toward all professional disciplines involved in processing child abuse and child sexual abuse cases.  The grant funding request is $10,000.  On motion of Mr. Dashiell, seconded by Mr. Taylor, Council approved the grant application as submitted.

 

Meeting with Secretary of MDOT

Mr. Shea has received a letter from Robert Flanagan, Secretary, Maryland Department of Transportation, requesting a meeting with the County Council during the summer MACo Conference.  After a brief discussion, Council asked the Administrative Director to find the exact meeting time for Council members who wish to attend and to compose a list of local transportation concerns to be discussed.

 

Donation of Equipment

Michael Thompson, Deputy Administrative Director, explained that the County purchased six microphones as part of the project to equip the Council Chambers for live broadcast, however, the equipment was not used.  Mr. Thompson is requesting Council’s permission to declare six microphones as surplus property so that Access 26 may use the microphones as part of a project to permit broadcast of Board of Education meetings. 

 

 

In addition, the City of Salisbury has chosen to donate four identical microphones for the same purpose.  The normal procedure for disposal of surplus property is by the auction process; Council is being asked to override this procedure, thus, allowing the donation.  On motion of Mrs. Prettyman, seconded by Mr. Dashiell, Council unanimously approved the waiver of the auction procedure and the donation request as submitted.

 

Access 26 Board

Council member Long reported that the Board is having difficulty ensuring a quorum at its meetings.  Mr. Long motioned to relieve the county-appointed member, who has not been in attendance and to appoint another individual.  Mrs. Prettyman seconded the motion, which received unanimous Council approval.

 

Renewal of Maintenance Contract

Mr. Shea referenced the maintenance contract for security equipment at the Drill Academy, which is considered a “sole source” contract and would require Council’s approval for such designation.  The proposed contract is for one year in the amount of $30,000 with Reed Security Systems and is recommended by the Purchasing Agent and Administrative Director after the County Attorney has performed a satisfactory review and negotiation.  On motion of Mr. Dashiell, seconded by Mrs. Prettyman, Council unanimously approved the “sole source” designation.  On motion of Mrs. Bartkovich, seconded by Mr. Dodd, Council unanimously approved the execution of the contract.

 

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, submitted the Statement of Latest Investment Rates/Balances for all County Funds, as follows:  total General Fund Balance of $122,697; Capital Project Fund balance of $26,844,292; total major non-designated fund of $44,148,664; total designated reserves of $1,124,808 and “rainy day” funds of $5,044,229.  Mrs. Petersen also submitted the Room Tax Collection Report. 

 

John Ellis, Chief Accountant, presented the June 30, 2004 Financial Report highlighting significant year-to-date transactions.  All financial reports are available to the public for review.

 

Mrs. Petersen submitted an invoice from Jobs Unlimited in the amount of $405.17 for extensive grass cutting and clean up services at a property in Willards.  On motion of Mr. Dodd, seconded by Mr. Taylor, Council gave unanimous approval for payment.

 

Mrs. Petersen reported that the sale of Bonds is scheduled for Thursday, September 9, 2004.  This is two days following Executive Session and it is recommended that Council give the Administrative Director authorization to review and approve the rate within a pre-determined range. On motion of Mr. Long, seconded by Mr. Dashiell, Council gave unanimous approval for the sale of bonds on September 9, as stipulated.

 

 

 

 

Council members inquired as to the status of the new MUNIS financial system and the concept of a bi-monthly pay schedule.

 

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director, reported that the Norfolk Southern Corporation has agreed to repair railroad crossings located at Parker Road and Moss Hill Lane.

 

Request for Mulch

Members of the Providence Presbyterian Church, Parker Road, are requesting a donation of mulch for a playground on its premises.  Mr. Sharma stated that the County does not normally honor such requests on private property; however, the playground will be available to the neighborhood; therefore, he recommends donating the mulch, but the Church must haul it to the location.  On motion of Mr. Dodd, seconded by Mrs. Prettyman, Council unanimously approved the request.

 

Project Updates

Mr. Sharma also referred to other public requests that are still being reviewed for final recommendation.   He also reported that the Collins Wharf Road repair was completed in three business days.

 

In response to a question from Mr. Taylor, Mr. Sharma stated that the application for the Wetipquin Bridge repairs was lost or misplaced by the U. S. Coast Guard.  In addition, the Coast Guard is requesting information for all property and boat owners who use Wetipquin Creek.  Mr. Sharma was surprised by this request since the creek is not navigable and advised the Coast Guard accordingly.  The Department is now waiting to receive a notice for a public hearing.

 

Regarding the “gas to energy” project, Mr. Sharma is waiting to receive a proposed agreement from the interested company.

 

HEALTH DEPARTMENT

Judith Sensenbrenner, M.D., Health Officer and Mr. Reid Sterrett announced that as part of Governor Ehrlich’s Drug Treatment Initiative, an Alcohol and Drug Abuse Council is to be created in each county.  Dr. Sensenbrenner is requesting Council action to name the Wicomico County Underage Substance Use Coalition as this Council.  On motion of Mr. Long, seconded by Mrs. Prettyman, Council approved the designation as requested.

 

 

 

 

 

 

 

 

 

 

LEGISLATIVE SESSION

On motion of Mr. Dodd, seconded by Mr. Long, Council gave unanimous approval to adjourn Executive Session and to convene Legislative Session.  The County Attorney conducted the continuation of the July 6, 2004 public hearing for Legislative Bill 2004-5.  Minutes for Legislative Session are maintained separate from Executive Session, are public information and available to the public upon request.

 

With Legislative Session concluded and on motion of Mrs. Prettyman, Council approved the adjournment of Legislative Session.

 

Executive Session was reconvened with President Sarbanes calling for public comments.

 

PUBLIC COMMENTS

Council received comments from Mrs. Mary Ashanti about the Housing Authority, County hiring practices and a newspaper article about the proposed Charter.

 

COUNCIL COMMENTS

Council had scheduled an afternoon open work session to review the proposed Charter.

Mrs. Prettyman asked Council to consider reconvening Executive Session for the review of the proposed Charter and a subsequent vote to instruct the County Attorney to prepare the Resolution to place the issue on the November election ballot.  There followed an extensive discussion as to the merits of discussion during a work session as opposed to an executive session, with Mr. Baker assuring Council they could instruct him to prepare a Resolution during a work session.  Mr. Baker discussed the time frame for meeting the Board of Elections deadline for ballot questions, the importance of providing adequate time for review and sufficient time to submit information on the proposed Charter to the public.  In addition, Mr. Baker reviewed the process by which the content of the Resolution and Charter must certified before being placed on the November ballot. Mrs. Bartkovich provided a second to the motion. At Mr. Dashiell’s request, Mrs. Prettyman repeated the motion.  Mr. Sarbanes conducted a roll call vote, as follows: 

Mrs. Bartkovich, yes; Mr. Long, no; Mr. Dodd, yes; Mr. Dashiell, yes; Mrs. Prettyman, yes; Mr. Taylor, no; Mr. Sarbanes, no.  The motion to reconvene Executive Session to review the proposed Charter and hold a vote to instruct the County Attorney to prepare the referenced Resolution was duly carried.

 

Mr. Sarbanes asked for any additional comments.  Mr. Dodd referred to the proposed Emergency Services Committee, stating that individuals who were interested in serving had expressed concern that they had not been contacted.  Mr. Dodd suggested that those individuals receive confirmation of their letters of interest.

 

Mr. Long announced that Glenda Roberts, Office Associate, County Administration, has tendered her resignation to take another position and asked that the public record reflect Council’s appreciation for her service.

 

 

 

Mr. Sarbanes asked the County Attorney about a letter received from the Maryland Department of the Environment regarding the West Road Rubble Landfill.  Mr. Baker reported that MDE has ordered the owner to close and cap the landfill since the operating permit was not renewed.  The Owner is contesting this order and the company is in bankruptcy.  Mr. Sarbanes and Mrs. Prettyman added that the letter states the County might be required to assume the responsibility of closure and capping if Dashiell Realty is financially unable to do so.  MDE has submitted a conservative cost well in excess of

$1 million.  Rai Sharma, Director, Public Works, added that the letter is correct; i.e.,

when a permit by special exception is issued and a bond is paid, the County would be held responsible.  Mr. Sharma added that the bond is for $125,000 only; the project would definitely cost more than $1 million; and that the County should seek legal recourse against the company to avoid having to absorb the costs of closure/capping.

It was also agreed that Mr. Sharma should contact the Maryland Dept. of the Environment to discuss the entire matter.

 

Mrs. Prettyman asked the status of a request from Salisbury Fire Company #2, Inc., to meet with Council.  Mr. Sarbanes responded that Council could meet with the Fire Company at its next meeting, August 3rd.

 

Mr. Dodd referenced the lifting the hiring procedures and asked Mr. Shea if the County would stay within its approved budget regarding new hires.  Mr. Shea responded that the positions being filled were included in the 2004-2005 budget that Council adopted.

 

On motion by Mrs. Prettyman, seconded by Mrs. Bartkovich, Council approved adjournment, with Executive Session to reconvene at approximately 12:30 p.m.

 

EXECUTIVE SESSION RECONVENES

 

President Sarbanes reconvened the meeting for the purpose of Council review of the proposed Charter document.  Portions were reviewed and all changes were agreed upon by Council consensus.  All amendments shall be incorporated in the final draft of the proposed Charter, which will be available to the public in the near future.

 

Edgar Baker, County Attorney, advised Council that during his research to determine whether the Charter would be placed on a Congressional/General election or on a special election, he discovered that the Charter is missing transitional provisions for such.  He referred to the Charter Review Committee’s general consensus that the question of an elected executive form of government would be presented to the electorate this November, with the Elected County Executive to be elected during 2006.  He asked Council what it wishes regarding this matter, keeping in mind that while researching similar cases, most counties making this transition elect the county executive in January following the adoption of the Charter.  Mr. Baker is still trying to determine whether the decision would be that of the Council or is governed otherwise.  If the delay can be deemed legally valid, there would be sufficient time to develop and incorporate transitional provisions within the Charter.  In any event, Mr. Baker will continue his research and report his findings to Council.

 

Council also chose to amend the Organizational Chart regarding the type and number of employee positions assigned to the Executive and Legislative branches.  Mr. Sarbanes

and Mrs. Bartkovich discussed the number of positions required to serve both branches and the associated costs.  Mr. Dodd expressed his preference in having the county executive position determined during a different election cycle from the Council seats.

 

Mr. Dodd motioned to instruct the County Attorney to prepare a Resolution for formal adoption; the motion received a second by Mrs. Prettyman.  Mr. Sarbanes called for comments and received the following:  Mrs. Bartkovich stated that Council should continue with this process to give the public the opportunity of choice. Mr. Dodd remarked that anyone not supportive of the Charter change has the responsibility of educating the public of the differences. Mrs. Prettyman referred to Resolution 543 adopted in 2002 by the former Council authorizing the ballot question and asked the County Attorney if the Resolution is still binding.  Mr. Baker responded that it would not be binding to a future Council; Mrs. Prettyman disagreed in theory, stating that if the current Council wished not to abide by it, the Resolution would have to be repealed.

She also referred to Council’s reactivation of the Charter Review Committee with the indication the question would be placed on the ballot.  Mr. Sarbanes stated the issue is a major change in the way County government would operate, adding that he has concerns regarding the associated fiscal impact, undetermined at this point, and how the cost would be funded.  Mr. Dashiell stated he supports the question being placed on the ballot, but Council must ensure that the public is presented the question in a fair and balanced manner and to seek input from the public.   Mr. Taylor expressed his support for the public having the opportunity to make a decision, although he does not support the proposed change in the form of government.  Mr. Long said he is troubled that the Charter Review Committee chose not to speak with any Councils operating under the elected executive form of government to determine any problems or conflicts that might exist; he is also concerned that the cost for such action is being minimized.  Mrs. Prettyman stated that the question before them is placing the issue on the November ballot; that she has complete confidence in the Charter Review Committee recommendations; that with two previous Charter reviews, it’s taken too much time to get to this point; and it is Council’s responsibility to provide correct information about the issue to the public. Mr. Sarbanes took exception to Mrs. Prettyman’s comments, felt them inappropriate and felt an apology to Council was in order; he then called for the vote.  A roll call vote resulted as follows:  Mrs. Bartkovich, yes; Mr. Long, yes; Mr. Dodd, yes; Mr. Dashiell, yes; Mrs. Prettyman, yes; Mr. Taylor yes; Mr. Sarbanes, yes.  Mrs. Bartkovich expressed her appreciation for holding the review and vote in Executive Session, to be reflected in the Minutes.

 

On motion of Mr. Long, Council unanimously approved adjournment of Executive Session.

 

 

 

 

July 20, 2004

 

 

 

 

                                                            _______________________________

                                                            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