Wicomico County, MD
 Council Minutes
 Aug. 2, 2005

 

 

 

The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, August 2, 2005 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.  Council members in attendance were: Anthony Sarbanes, Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd.  Mr. Dashiell was not present.  Note:  all unanimous votes recorded herein represent 6 votes.

 

President Sarbanes brought the meeting to order.  By motion of Mrs. Bartkovich, second by Mr. Dodd, the minutes of July 19, 2005 were unanimously approved as amended.

 

On motion of Mrs. Bartkovich, second by Mr. Long, the Urban Services Commission minutes were unanimously approved.

 

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following points of business:

 

Approval of Licenses:  On motion of Mrs. Prettyman, second by Mrs. Bartkovich, Council unanimously approved the issuance of one-day alcohol licenses for the following events:

           

Salisbury Jr. Chamber of Commerce, Sept. 11, 2005 at Cedar Hill Park

            Mid Delmarva Family YMCA, Sept. 10, 2005, Schumaker Park

            Wicomico Republican Club, Sept. 17, 2005, Schumaker Park

 

Tax Exemption Request:  The East Side Men’s Club is requesting a tax exemption for personal property and provided annual statements of charitable contributions.  The organization is required to apply on an annual basis.  On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved the request.

 

Approval of Agreements:  The Tri-County Council and Wicomico County proposes to enter into a five-year Vehicle Lease Agreement and an Operational/Management of SSTAP Transit Services.  This is a budgeted item and the documents have been reviewed by the County Attorney.  Mrs. Bartkovich requested a list of the vehicles to be leased. In addition, Mrs. Prettyman asked for the revised Transit bus schedules once completed.  Council unanimously approved the agreements by motion of Mr. Long, second by Mr. Taylor.

 

Use of Stadium:  Comcast Spectacor is requesting permission to use Perdue Stadium to stage an event on September 3, 2005. The concert features the local Delmarva band, JParis.  Council members were assured that there would be no conflict with any other event at the Stadium.  On motion of Mr. Long, second by Mrs. Bartkovich, Council unanimously approved the request based upon no other event conflicts.

 

Reappointment:  The Lower Shore Workforce Alliance is requesting the reappointment of Linda McCann to its Board.  Ms. McCann would continue to serve as the Wicomico County representative.  On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved the request as submitted.

 

TEFAP Program:  Wicomico County participates in The Emergency Food Assistance Program (TEFAP), sponsored by U. S. Dept. of Agriculture and administered by Shore Up! Inc.  With the current agreement expiring Sept. 30, 2005, Council is being asked to approve a new three-year contract.  In addition, the Maryland Department of Human Resources requests execution of a separate contract with the Emergency Feeding Organization.  On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved execution of said contracts.

 

Board of Education:  Dr. Charlene C. Boston, Superintendent of Schools, is requesting an extension for submission of this year’s Capital Improvements Budget. As is the case each year, the State of Maryland’s September 30th deadline for CIP submissions extends beyond the County deadline of August 1.   On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved the request as submitted.

 

Appointment:  Mr. Shea advised that the School Building Commission requires an appointment to fill a vacancy.  Mr. Long nominated G. Matthew Drew; there were no other nominations. Mr. Dodd provided a second and Council unanimously approved the motion.

 

Submission of Proposal – Maryland Horse Park: The Maryland Stadium Authority is requesting nomination of real property for a proposed horse park.  Each County was invited to submit such a proposal.  While Wicomico County does not own a site with sufficient acreage, members of the Tourism Board were able to locate 876 acres of privately owned land for consideration.  Proposals were due on July 29, 2005; consequently, it was submitted to the State prior to formal approval by Council, since it had to be in the mail by July 29, 2005 and was made part of Council’s briefing materials for this meeting.   Mr. Shea is now requesting Council’s ratification or withdrawal of the proposal. Mr. Shea stated that Mr. Fulton Jeffers and Ms. Kathleen McLain, Convention & Visitors Center Advisory Board members, would like to speak in support of the proposal.

 

Mr. Jeffers asked Council to support the concept of the horse park in Wicomico County, which offers a positive, substantial economic impact through increased tourism activities.  He appealed to Council to assess the project’s merit, rather than the “blunder” over timing and the process by which the proposal was submitted.  Mrs. Prettyman responded that the action was not a “blunder”; the submission process violates the Charter; her concerns have nothing to do with the proposal, rather it is with the process and could not see how Council could vote on something that had already transpired. Mrs. Prettyman added that the deadline was Monday, August 1st at 2:00 p.m.  Mr. Jeffers reiterated his support for the project.

 

Mrs. Bartkovich wished to speak strictly to the internal process of submission; that the Charter states Council shall act as a body and the fact that Council members were not contacted to concur with the July 28th letter prior to submission to the State.  Mrs. Bartkovich further stated that Mr. Sarbanes had acted outside his authority, has concerns about his continued leadership as President, suggested a vote of no confidence and that Council should discuss restructuring of authority/leadership.

Mrs. Prettyman provided a second to the motion.

 

Mr. Sarbanes conducted a roll call vote:  Mrs. Bartkovich, yes; Mr. Long, no; Mr. Dodd, abstention; Mrs. Prettyman, yes;

Mr. Taylor, no; Mr. Sarbanes, no.  The motion failed.  In response to a question posed by Mrs. Bartkovich, Mr. Baker, County Attorney, stated that Mr. Sarbanes could legally vote on the above motion.

 

Mr. Long suggested that a Council member offer a motion to withdraw the proposal; however, there was no response.  Further discussion resulted in the County Attorney explaining that at this point, the proposal is not a legally approved document by Council; the only vote that would be appropriate, if Council chose, would be to ratify previous action; how this would be viewed by the State is unknown. Mr. Baker also said that Council could move to withdraw the application.  Mr. Sarbanes then called for a motion to withdraw. 

 

Mr. Dodd stated his concerns that other County departments had sufficient time to review the proposal while Council was unaware of the RFP.  He referred to other incidents when time limits required County staff to call Council members to reach a consensus on an issue. While this might be a good project, Council has had no time to determine the financial commitment involved; therefore, he could not give his support.

 

Ms. Kathleen McLain addressed Council and provided a brief explanation of the process by which she became aware of the proposed horse park and the combined efforts to locate a suitable site and help prepare a proposal for the State in very limited time. She explained that there is no commitment, financial or otherwise, on anyone’s part associated with the proposal.  Ms. McLain appealed to Council to consider the revenue that could be generated to meet many needs in the County.  Site visits would occur in each County submitting a proposal; the Maryland Stadium Authority intends to make a decision by December so the project could be presented to the Maryland Legislature in January.

 

There was dialogue between Ms. McLain and Mrs. Prettyman regarding financial commitment on the part of the chosen County. Mrs. Prettyman stated that the State would be looking to the chosen County for a financial investment in the project. 

Ms. McLain again stated that at this point in time and the amount of information available, it was not possible for a County to make a financial commitment; perhaps later in the process, the county may not want to make the required commitment.  Mrs. Prettyman responded that the State document states a commitment would depend upon the site, amenities, etc., and that the cost allocation, both capital and operating, between the State and local government, would depend upon the projected economic benefit to each and the resources available to the local jurisdiction; also, the nominating jurisdiction should indicate the range of possible capital contributions to the project; therefore, there would be a financial obligation.  Ms. McLain said the scope of the project would require public, private and political commitment.

 

Mr. Dodd thanked Ms. McLain for her hard work, but stated the elected Council must act as one body.

 

Again, Mr. Sarbanes asked for a motion to not support the proposal; there was none. 

Mr. Baker advised that the proposal should either be supported or not supported by the Council and not left as it is.  Mr. Long then motioned to support the submitted proposal.

 

The motion received a second by Mr. Taylor and the following roll call vote ensued: Mrs. Bartkovich, abstention; Mr. Long, yes; Mr. Dodd, abstention; Mrs. Prettyman, no; Mr. Taylor, yes; Mr. Sarbanes, yes.  The motion was carried with three favorable votes and one vote in opposition.  Upon Mr. Sarbanes’ inquiry, Mr. Baker responded that he would research the law on abstentions, while acknowledging the three-to-one vote.  Mrs. Prettyman also asked Mr. Baker to research the legality of retroactive approvals.

 

Mr. Sarbanes stated that on occasion, a Council President or the leader of any group must act to keep things going and that was his rationale in this instance.  Submission of the proposal was contingent upon Council action today.  Mrs. Prettyman stated that no other Council person had ever committed County resources in like manner; she suggested a closed session to further discuss the issue.

 

Letter of Support Request:  Mr. Shea advised Council that the Maryland Economic Development Assistance Authority and Fund has agreed to fund Machining Technologies, Inc. (MaTech) $250,000 toward the purchase, renovation and acquisition of equipment for the former Sealy plant in the Northwood Industrial Park.  The SWED Revolving Loan Fund Committee has also approved a $150,000 loan to MaTech, which would serve as the County’s match for State funds.  Rafael Correa, President of MaTech, stated the company, which plans to invest $7 million in the plant, currently employs 200 associates and anticipates hiring another 83 employees over a three-year period. On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved a Resolution of Support for the MEDAFF loan.  Mr. Correa also advised that the current facility in Hebron would remain open.

 

Resignation:  Council is advised of the resignation of Thomas Calo, Director, Human Resources. With the employee salary appeals process continuing, Mr. Shea requested Council concurrence to hire Mr. Calo on an hourly basis to complete this process.  On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved the request.  Mrs. Bartkovich asked the number of appeals in process; Mr. Shea replied that number is unknown at this time, but employee appeals are first addressed through the Singer Group; a second level of appeal with Human Resources; and a final appeal through the Administrative Director.  Mrs. Bartkovich asked to be advised if any appeals are ultimately sent to Mr. Shea.

 

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, introduced Mr. John Przylepa, who has joined the staff as Grants Developer. Council members extended a welcome to Mr. Przylepa.

 

Financial Report:  As the first meeting of the month, Mrs. Petersen submitted the Contingency Report, citing usage of $2,000 since the beginning of this fiscal year (July 1) and reflecting a balance of $973,000.

 

Mrs. Petersen also reported payment of two bills for grass cutting services, $250 and $125, in accordance with the County’s Nuisance Code.

 

Proposed Legislation:  Mrs. Petersen referred to notification by the State of Maryland of its intent to propose legislation to allow them to increase the percentage of investments of State and County funds in commercial paper, from 5% up to 20%. Council members were asked to share their preference as to whether to also increase the County’s investment percentages. Mrs. Bartkovich and Mr. Dodd specifically requested discussion prior to making their determination. Mrs. Petersen stated that the Securities Lender is contractually obligated to indemnify the State for any losses due to commercial paper; however, Mrs. Petersen believes this refers to total commercial paper failure; it does not indemnify against losses in the stock market and offered the following information for consideration:

 

  • If the legislation is passed, the State would increase its commercial paper limit accordingly. It provides a higher rate of return, because there is a higher risk factor involved; that risk is reduced to acceptable levels based on the Lender’s indemnification against failure. 
  • It should be noted that commercial paper is invested for one day only and is invested differently each night. Sudden recession would have an adverse effect on the State’s budget level of county funding if commercial paper would be a factor, but could be mitigated by a higher rate of return as compared to the potential rate of return by investment in Treasury Bills. 
  • If Council is concerned about the risk to the County, an ordinance could be adopted to limit the County’s investments in commercial paper to 5%, keeping in mind that currently, the County does not invest in commercial paper at all.  The ordinance would have to wait until after the State passes its legislation.  Council also has the option of voicing its concerns about the State’s intent.

 

Mrs. Prettyman expressed her opinion that the legislation would move forward; the

Counties are being placed on notice of the chance of higher risk that might affect the level of funding to counties.  Mr. Taylor remarked that he did not support this move by the State and does not want to see the County placed in any more risk than the existing conditions.  Mr. Sarbanes called for a motion.  Mrs. Prettyman motioned not to support the commercial paper, which was seconded by Mr. Taylor and was followed by a roll call vote:  Mrs. Prettyman, no; Mr. Taylor, no; Mrs. Bartkovich, no; Mr. Long, yes; Mr. Dodd, no; Mr. Sarbanes yes. 

Note:  this motion was amended on August 16, 2005, to read as follows:  On motion of  Mrs. Bartkovich, second by Mr. Dashiell, Council unanimously approved an amended motion to not support the State legislation regarding investment in commercial paper.

 

EMT Funding:  Mrs. Petersen has received the following requests for funding:

Mardela Springs Volunteer Fire Company has certified to two full time paramedics and provided their Workers Compensation; therefore, Mrs. Petersen would pay the appropriation of $68,000 plus $5,000 for Workers Compensation.

 

Parsonsburg Volunteer Fire Department:  Council action is required. The fire company has certified one full time paramedic and three part time paramedics.  The company has 24/7 coverage with Pittsville; while the Finance Department is prepared to pay the Workers Compensation amount, Council is asked to make a determination as to the amount to be paid in EMT grants.  Mr. Sarbanes stated that the County should pay the appropriation set by the budget.  There was general Council concurrence when Mrs. Bartkovich referred to former discussion to honor full payment based on full time hours. Mr. Dodd stated that while he is not sure the status of other fire companies, it is clear Parsonsburg is maintaining full time coverage and would support payment of the full amount allotted to them.  Mrs. Bartkovich asked if Mr. Dodd would prefer that Council make a determination on a case-by-case basis, to which he responded affirmatively.  Mr. Dodd then motioned to pay the full EMT appropriation to Parsonsburg; second by Mrs. Bartkovich and the motion was unanimously approved.

 

Delmar Volunteer Fire Department has certified to two full time paramedics; however, a copy of their Workers Compensation provision has not been received.  Mrs. Petersen has sent the full EMT appropriation only.

 

Pittsville Volunteer Fire Company has certified to one full time paramedic and certifies that 24 hr./7days per week coverage is provided using two part time EMTS in conjunction with Parsonsburg.  Mr. Dodd motioned to approve full appropriation; the motion received a second from Mrs. Bartkovich and was unanimously approved.

 

Respiratory Protection:  Mrs. Petersen recalled that when respiratory protection was being proposed, it was comprised of items such as respiratory physicals, spirometry tests, respirator fit tests, EKGs, etc. During a work session last year, Dr. Alcorta, State Medical Director, MIEMS, was asked to identify tests deemed necessary for respiratory protection.  Dr. Alcorta responded that respiratory physicals are required, while the other tests mentioned are geared more to HazMat operations.  Based on this information, Mrs. Petersen has been processing billings solely for respiratory physicals; however, the County’s practice has been questioned by several volunteer fire companies, stating that it was their understanding that the County would pay for respiratory physicals, spirometry tests and respirator fit tests.  Council is now asked to define which tests are to be paid.  Mrs. Prettyman asked exactly what the budget appropriation covers; Mrs. Petersen responded that no actual definition of coverage was made, with the fire companies assuming Council accepted their proposal for coverage of all tests.  Mr. Dodd remarked that if the additional tests are not required to meet the standard of “respiratory protection,” why would the County pay? Mrs. Petersen replied that additional medical equipment is needed to perform certain tests and given the fire companies’ assumption, the company that performs the tests was under the impression the County would make reimbursement for the services.  Mr. Dodd said this does not answer the question and emphasize why reimburse for unnecessary tests, according to the State Medical Director.  Mr. Taylor stated that reimbursement for all tests would exceed the County’s appropriation for respiratory protection and moved to restrict reimbursement to the required respiratory physical.  The motion received a second by Mr. Dodd and was unanimously approved.

 

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director, submitted the following reports and items of business:

 

Speed Limit Reduction:  Mr. Sharma has received many requests from residents of Campground Road to consider a reduction in speed limit. At the request of Mr. Timothy Robinson, Mr. Sharma visited the area, which has experienced an appreciable amount of residential development. Following inspection, Mr. Sharma recommends reducing the speed limit from Walnut Tree Road to Siloam Road to 40 m.p.h. and 30 m.p.h. from Siloam Road to South Upper Ferry Road.  On motion of Mr. Long, second by Mrs. Prettyman, Council unanimously approved the request.  Mrs. Prettyman remarked that Mr. Robinson had requested a reduction to 25 m.p.h., but asked if that was warranted. Mr. Sharma stated that specific speed limit is limited to subdivisions. At Mrs. Prettyman’s inquiry, Mr. Sharma said the new speed limits would take effect within a few days.

 

Council was provided the Building Construction Report, comparing the total number of new homes, commercial properties, municipal permits and associated fees collected for a four-year period.  Mr. Sharma stated that the number of houses in the County is actually declining, as compared to an increase within municipalities, due in part, to increased annexation.

 

Update on Forest Grove Road:  As a follow up to a discussion of a proposed reconfiguration of the intersection of Forest Grove Road and Old Ocean City Road, Mr. Sharma reported that the County Attorney determined that Forest Grove Road could be posted with a “No Thru Truck Traffic” sign.  However, Mr. Sharma feels this would simply increase such traffic on Old Ocean City Road.  Therefore, he recommends leaving the intersection in its present form.  Council concurred.

 

Update-Wetipquin Bridge Project:  The Bridge re-design was submitted to the State Highway Administration and is being reviewed. The State is also determining whether to recommend a pre-stressed concrete structure or a wood structure. Council would, however, make the final decision on the recommendation.  Once this has been accomplished, the project can be placed out on bid around the end of this year.

 

Recycling Station:  With the removal of the Recycling Station located at South Salisbury Plaza, Mr. Sharma and staff attempted to find another suitable location. Mr. Art Cooley, Shoreland Freezers, has agreed to lease a site at the corner of Avery Street and Wayne Street, to the County. This new recycling site is easily accessible to the public and should be operational in the next few weeks.  Council instructed that Mr. Cooley and Mr. Miller, property manager of the former location, receive letters of appreciation

 

Tire Amnesty Day:  This annual event will take place August 13th, 7:00 a.m. until 3:00 p.m, at the Newland Park Landfill, Owens Branch Road. Residents may drop off a maximum of ten tires per household at no charge.

 

SHERIFF’S OFFICE

R. Hunter Nelms, Sheriff, came before Council to request a transfer of funds from the Sheriff’s Office Salaries account to the Contractual Account, to fund the Firearms Instructor position.  The $51,084 transfer amount was funded through the Salaries and simply needs to be transferred.  On motion of Mr. Dodd, second by Mr. Taylor, Council unanimously approved the request.

 

On another note, Sheriff Nelms referenced news information from the Princess Anne Police Department regarding the acquisition of a surplus Army helicopter to supplement the State Police helicopter availability.  Sheriff Nelms wished to emphasize that while he could support the professional concept, it has been made clear that Wicomico County has no interest in providing financial support for the aircraft.  Council members asked if the Maryland State Police might be interested; Sheriff Nelms stated doubt, since the helicopter, while operational, is antiquated by State standards.  Council concurred with Sheriff Nelm’s assessment.

 

Mrs. Bartkovich thanked the Sheriff for the report on the usage of the Office’s vehicle fleet. Sheriff Nelms stated this report would be generated on a periodic basis.

 

At Mrs. Prettyman’s inquiry, Sheriff Nelms confirmed that National Night Out takes place this evening.

 

COUNTY ATTORNEY

Edgar A Baker, Jr., County Attorney, referenced a memorandum from the Airport Manager regarding Delta Airport Consultants’ Amendment 17 – Remove Obstructions, Runway 5-23.  Mr. Robert Bryant explained that the Airport Commission forwards this request for approval of this amendment to initiate the design and bidding phase to ultimately remove obstructions, primarily trees.  The Federal Aviation Administration and its Airport Improvement Program grants require that clear zones be maintained at the end of runway approach.  The authority for this procedure is contained in Avigational Easements between the Federal government and the original property owners executed in 1944-1945.  The cost of this Amendment is $135,555, 95% of which will be paid by the FAA, 2.5% by the Maryland Aviation Administration and 2.5% by the Airport through use of Passenger Facilities charges. 

 

Mr. Bryant explained that public meetings are held with property owners to provide information and address concerns.  He also responded to questions from Council as to the areas, such as Kilbirnie, Quail Ridge, etc., that might be affected.  Mr. Bryant continued to explain that while property owners might prefer to have a tree topped, Council should be aware that the FAA would pay only once for each obstruction.

 

This means that if a tree were topped rather than cut down, the County would have to absorb the cost when the tree grew and once again became an obstruction.  He also assured Council that this project would not adversely affect existing buffers.  On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved the Amendment.

 

PUBLIC COMMENTS

 

Mr. Kenneth Holland asked how many homes would be removed due to the Amendment just discussed.  Mr. Bryant responded that no structures would be affected. 

 

COUNCIL COMMENTS

Mr. Sarbanes recalled that Wor-Wic Community College is requesting a nominee for possible appointment to its Local Advisory Council.  Mr. Sarbanes offered the names of Michael Wreath, David Vorhis and Joe Ollinger, none of which have been contacted to confirm their willingness to serve.  Mrs. Prettyman nominated David Vorhis; second by Mr. Dodd and unanimously carried.

 

Mrs. Prettyman also referred to a draft letter to the Mayor of Salisbury that requires Council concurrence.  On motion of Mr. Taylor, second by Mrs. Prettyman, Council unanimously approved the draft letter as submitted to Council.

 

Mr. Long referred to the fact that Tristan Schweiger, news reporter covering County government, is leaving The Daily Times.  Mr. Sarbanes read and presented a letter of appreciation from Council, recognizing Mr. Schweiger’s professionalism in reporting County issues and to extend best wishes as he continues his journalism career. 

 

Mrs. Prettyman asked when Council would continue discussion of the County retirement system, including an actuary with LEOPS in consideration. She further stated that a recent presentation involved the Maryland State retirement system only and asked if Council plans to obtain an actuary to look at LEOPS.  Mr. Sarbanes stated he thought the presentation covered what Council had requested.  It was agreed that Council would defer this discussion until Mr. Dashiell returns, since he had attended a prior meeting.

 

With no further business to be discussed and on motion of Mr. Taylor, second by Mr. Dodd, Council unanimously approved adjournment.

                                                                                   

                                                _____________________________

                                                Anthony Sarbanes, 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