Council Minutes
The Wicomico County Council met in Executive Session on
Vice
President Dashiell called the meeting to order and asked for additions or
corrections to the Minutes. On motion of
Mr. Long, seconded by Mr. Dodd, Council unanimously approved the Minutes of
Theodore
E. Shea, II reviewed the following items of business for Council’s
consideration.
Request
for Tax Exemption: Mr. Shea explained that the
East Side Men’s Club is requesting Council’s approval for a tax exemption on
personal property/corporate taxes, as required by State law. The non-profit organization submitted a list
of charitable organizations and Profit and Loss statements for the prior year. Mr. Taylor complimented the Club for its
impressive list of donations. On motion
of Mr. Taylor and a second by Mrs. Prettyman, Council unanimously approved the
request.
Restructuring
of State’s Attorney’s Office: Mr. Shea
advised that an attorney in the State’s Attorney’s office has resigned. The State’s Attorney is requesting approval
that this position be eliminated and the funds now available from that position
be used to designate Paul Montemuro as a full-time Assistant State’s Attorney
II and to convert the position of the remaining part-time attorney, Abby Marsh,
to Assistant State’s Attorney II. Mr. Ruark
plans to apply for grant funds for an additional State’s Attorney position, as
well, and would not require a match from the county. On motion of Mr. Dodd, seconded by Mr.
Taylor, Council unanimously approved the request.
Amended
LGIT Agreement: Mr. Shea explained that an amended agreement
with Local Government Insurance Trust was reviewed by the
Appointments-LSWA: Mr. Shea introduced Mr. Robert J. Corbin,
Lower Shore Workforce Alliance. Mr.
Corbin explained that the
1. Allow the term
of Ms. Carol Ann Mumma, Director, Dept. of Social Services to expire effective
2. Change the classification of Mr. R. Lawrence
Elsey from business representative to retired business representative. On motion of Mrs. Prettyman, seconded by Mrs.
Bartkovich, Council unanimously approved the request.
3. The LSWA Board and the Salisbury Area Chamber
of Commerce recommend the appointment of Derek Bland as a business
representative. On motion of Mr. Taylor,
Council unanimously approved the appointment of Mr. Bland for a four-year term.
4. County Council acknowledged and concurred
with a signed agreement among
Request
for Use of Park/Alcohol License: The three
Rotary Clubs are requesting use of
Lease-Purchase
Agreement: Mardela Springs Volunteer Fire Company, Inc., is requesting Council approval to enter into a
lease-purchase agreement for a squad truck and brush truck. The Fire Company has completed the required
public hearing. Mr. Shea explained that
an approval in no way obligates the County in the transaction. The Council President usually signs such
documents; however, in Mr. Sarbanes’ absence, Council is also asked to
authorize the Vice President to sign the document. On motion of
Mr. Taylor, seconded by Mrs. Bartkovich, Council unanimously approved Charles R. Dashiell, Jr., Vice President, to sign on behalf of the Council.
Prior
to completion of the Administrative Director’s report, Mrs. Prettyman inquired
about a planned special session with Comcast representatives. Mr. Shea explained that the meeting must be
scheduled to allow time for public advertisement.
Appointment
– PAC 14 Board: Mr. Long referred to a Council action taken
during the previous meeting, which authorized the replacement of a PAC 14 Board
member, due to lack of participation.
Mr. Long motioned to appoint Mr. Dana Seiler, with Mrs. Prettyman
providing a second. Council unanimously
approved the request, with Mr. Seiler’s term to begin immediately.
On
a final note, Mr. Ruark thanked Council for their approval to the restructure
the State’s Attorney’s Office.
Patricia
Petersen, Director of Finance, advised Council that there have been no
transactions for the Contingency Account; therefore, the balance remains the
same.
Thomas
Calo, Director of Human Resources, joined Mrs. Petersen to recommend the
reassignment of the Payroll function from the Finance Department to the Human
Resources Department; this would include a physical relocation to the basement
level. Mr. Calo explained that greater
efficiency would be realized through an integrated data base system for
payroll/personnel functions; that when Human Resources assumes this
responsibility, the Finance Department would assume an oversight/audit
responsibility, thus assuring checks and balances. In addition, since the current Payroll
Supervisor is retiring September 1st, this restructuring would take place at an
opportune time. Mrs. Petersen also
requested approval to convert the part-time payroll employee to full time. Following a brief discussion, and on motion
of Mr. Long, seconded by Mrs. Prettyman, Council approved the reassignment of
payroll duties to Human Resources. Mrs.
Petersen also requested that Council approve the change effective
Mrs.
Petersen referred to a discussion during the prior meeting as to whether the
County should consider transitioning from a bi-weekly pay system to a
bi-monthly payroll system. After speaking
with the Payroll Supervisor and Chief Accountant, she is suggesting that a
decision be deferred until the compensation study is completed and the above
referenced restructuring is in place.
Council concurred.
P.
Rai Sharma, Director, and John Redden, Deputy Director, presented the following
items of business. Mr. Redden began with
the review of subdivision plats:
Subdivision: Wheatley Farm DPW 20-04
Location;
Applicant: ESP Design
Services, Inc.
Owner:
Riverside
Homes LLC
The
applicant proposes to subdivide six lots and approximately 0.6 acres of road
right-of-way and 49 acres of open space, stormwater management and forest
conservation will be created. The swap
of 1.3 acres of land between the two owners is also proposed. All proposed lots would front and have access
on an extension of
Subdivision:
Resubdivision,
Lot 8 DPW
21-04
Tyson
Chicken
Location:
Applicant: Plummer &
Associates
Owner: Tyson
Chicken, Inc.
The
applicant proposes to subdivide a 12.6 acre lot from an existing tract of land,
leaving a 26.8 acre remnant. The
proposed lot will front and have access on
Subdivision: Carey Chase DPW
22-04
Location:
Applicant: Parker &
Associates
Owner: Vaughn &
Doris Carey
The
applicant proposes to subdivide 14 lots; the remainder will consist of forest
conservation, open space, stormwater management and street. Lots 1 and 2 have frontage on
Improvements
Bond: The Developer of Gunby’s Mill, Section 2 is
requesting authorization to post an improvements bond of approximately
$181,000, to record the plat and obtain building permits. Mr. Sharma has recommended approval. On motion of Mr. Long, seconded by Mrs. Prettyman,
Council unanimously approved the request.
Speed
Limit Reduction: Mr. Sharma recently received a
request from a resident to reduce the speed limit on
In
conclusion, Mr. Sharma briefly reviewed the Litter Control Report, stressing
the importance of citizens properly disposing of large items at the Landfill,
rather than along the roadside. He
explained that dumping such items in the countryside only increases the cost to
taxpayers, since Litter Control crews must haul such items to the Landfill. He also submitted the Ditching Report.
Mrs.
Bartkovich inquired the status of the street sweeping program. Mr. Sharma explained the program has not been
operating recently due to the extremely rainy weather. He also stated the newly purchased street
sweeper should be arriving tomorrow.
According
to Council instruction, Edgar A. Baker, Jr.,
Mr.
Dashiell called for any Council questions for Mr. Baker. Mrs. Prettyman referred to Article 2
regarding redistricting procedures, stating that the proposed Charter does not
define the composition of the Redistricting Committee. She suggested that Council consider defining
the Committee composition; for instance, the Central Committee for each party
would submit names for each of the five Councilmanic districts for appointment;
Council would also choose one representative for the committee. Mrs. Prettyman believes this would make the
committee fair and more balanced and asked how other Council members viewed
this. Mr. Taylor generally agreed on the
importance of establishing a balance in view of the circumstances during the
previous redistricting procedure. Mr.
Dashiell asked if Council would entertain consulting with the Central
Committees to make future appointments.
Mrs. Bartkovich asked if there is time to make an addition, to which Mr.
Baker replied that the Charter language must be complete during this
meeting.
Mr.
Long referred to Section 315, “Confirmation of Appointments,” and motioned that
the County Council amend the language to reflect that appointments and/or
removal of department heads by the
Mrs.
Bartkovich, Mr. Dodd and Mrs. Prettyman opposed; Mr. Long, Mr. Taylor and Mr.
Dashiell in support; therefore, the motion failed.
Mrs.
Prettyman questioned Section 502(b), and motioned to have language added to
identify the County Executive as the person who sets the salary of the County
Administrator; Mr. Dodd provided a second and Council unanimously approved the
amendment.
Mrs.
Prettyman also referred to the “transitional provisions” and asked for an
explanation of the final paragraph. Mr.
Baker explained this is required by the State Constitution, which states any
adopted Charter takes effect in thirty days. That is why the transitional
provisions, defining the delayed effective dates, are necessary.
Mr.
Dashiell asked if Mrs.
Prettyman was prepared to provide language to amend the Charter section dealing
with “redistricting procedures.” Mrs.
Prettyman motioned to amend the referenced section to read, “the Commission
shall be composed of five members from each political party (one from each
district) chosen from a list of individuals submitted by each Central Committee
and the County Council shall appoint one additional member of the Commission;
no person who holds an elected office shall be eligible for appointment to the
Commission.” The motion failed due to
lack of a second.
Mr.
Dashiell then asked the Council if they wished to act on the
Upon
request, Mr. Dashiell granted the public a chance to speak before taking a
vote. The following public comments were
received.
“Good morning, my name is Donnie Waters, a concerned
citizen of
·
Want Best For Our Community.
·
Want our tax dollars to be used effectively.
·
Want our government to function efficiently.
·
We are interested in the creation of a community spirit where all
members of the citizenry are encouraged and supported in being their best. A
community of the many not the few.
We Are Concerned
About having a County Executive Position at this time. There is yet much lack of
understanding about this matter as was demonstrated by the Council’s confusion
before I approached the podium to speak.
Reasons for Our Concern
·
Cost Factors
Recent Performance Audit (Cost $120,000), did not
recommend change in form of Government.
·
Race Factors
Dilutes 1985 voting rights lawsuit led by New
Directions & Billy Gene Jackson. (This resulted in African-American representation
at all levels of elected office).
Dilutes
appointment of African-Americans to Boards & Commissions.
An African-American and other minorities are very
unlikely to be elected into this position, because it is elected at large.
* Other Factors to Consider
County Council did not have any meaningful
dialogue with the community.
The public needs greater time to
scrutinize this major change in our form of government.
County Council is moving quickly, under pressure. This will hurt the
county.
Conclusion
·
This is not best for our county.
·
It does not use our tax dollars effectively.
·
Government will not function more efficiently, as it excludes the
African-American and other under-represented communities.
We
are asking for the same consideration given to a white constituent by the last
council, when the district lines were redrawn at the request of a single white
constituent, who did not want to reside in a predominantly black district.
In
conclusion, prior to the hiring of the county’s Public Information officer,
there were no African-Americans visible at the helm of Government in
Following
Mr. Waters’ written statement, Mr. Dashiell called for further public comment;
however, there were no others.
Mr.
Dashiell called for Council comments, which follow:
Mr.
Taylor strongly opposes this form of government, citing serious concerns about
potential cost, application and hiring procedures and announced that he would
abstain from a vote.
Mrs.
Prettyman stated her support adoption of the Resolution to honor the wishes of
the public.
Mr.
Dodd cited his belief that it should be the voters’ decision; therefore, he
would support adoption of the Resolution.
Mr.
Long stated that while he feels a vote is premature, that the general public is
not well informed at this time and there is insufficient time left to provide
accurate information, the public has the right to vote; therefore, he would
support adoption of the Resolution
Mrs.
Bartkovich reiterated that the public has the right to vote on the issue;
referred to former Council action by adopting a Resolution to place the non-binding
vote on a previous ballot.
Mr.
Dashiell concluded the comments by stating that he supports adoption of the
Resolution, also referenced the former non-binding “straw ballot” results
succeeding by 1,000 votes and stressed the to have many sectors of the
community to assist in the dissemination of information to the voters before
the November election.
Mr.
Dodd motioned to adopt the Resolution, inclusive of today’s amendments; the
motion received a second by Mrs. Prettyman and was approved by five favorable
votes and an abstention by Mr. Taylor.
Mr.
Baker then submitted the ballot question for information purposes; it should be
noted that it is within the purview of the
Ballot Question A –
submitted by Charter Resolution No. 579
Charter
Revision
A
comprehensive revision of the Charter of Wicomico County establishing a system
of government with an elected County Executive who would have exclusive
executive functions and an elected County Council which would have exclusive
legislative functions’
FOR
CHARTER REVISION
Mr.
Dashiell thanked all members of the audience for their attendance.
Rai
Sharma, Director and John Redden, Deputy Director, conducted a public hearing
whereby the County will accept public comments on the proposed amendment to the
Wicomico County Water and Sewer Plan, to allow for the upgrade and expansion of
the Willards water and wastewater treatment
plants. Mr. Sharma recommends approval
of the amendment. There were no public
comments or Council comments. On motion
of Mr. Long, seconded by Mr. Taylor, Council approved the amendment by five
favorable votes. Mr. Dodd was not
present for the vote.
Linda
Hardman, Executive Director, Wicomico Partnership for Families and Children,
came before Council to request the appointment of Philip L. Tilghman as Chair
of the Local Management Board. On motion
of Mr. Taylor, seconded by Mr. Long, Council unanimously approved the request
as submitted.
Gary
W. Mackes, Director, introduced Messrs. David Pearlman and Steve Horowitz,
Triple Play Partners, as the new owners of the controlling interest in the
Delmarva Shorebirds. Also introduced was Mr. Steve Yarros, Shorebirds Manager.
The
Advisory Board of the Wicomico County Dept. of Social Services is requesting the
reappointment of Ms. Mary Jane Marine to another three-year term. On motion of Mrs. Prettyman, seconded by Mr.
Dodd, the motion received unanimous approval.
The
Humane Society has requested an opportunity to review and renegotiate its
service agreement with the County. Mr.
Shea asked if Council wished to designate a representative for the County. Council chose to discuss the request at the
next meeting.
PUBLIC
COMMENTS-
none
Mrs.
Prettyman expressed her concern for action by the Council President, who
requested assistance FOR a public information initiative. Dr. Harry Basehart, P.A.C.E.,
With
no further business to come before Council, the meeting was adjourned.
_____________________________
Anthony
Sarbanes, President
_____________________________
Charles R. Dashiell, Jr., Vice Pres.
_____________________________
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