Wicomico County, MD
Council Minutes
September 21, 2004
The Wicomico County Council
met in Executive Session on
Mr. Jimy Reid, Shore UP! Inc. accepted the following Proclamation for Adult Day Service Week. He invited Council to attend activities planned in celebration of the week.
PROCLAMATION
BY THE WICOMICO COUNTY COUNCIL
DECLARING
ADULT DAY SERVICE WEEK
WHEREAS: Adult Day Services provide a safe, friendly environment with well-trained, caring staff who meet the needs of those who attend; and
WHEREAS: Adult Day Services reduces the isolation of disabled, mentally and physically challenged individuals age 16 or older who need medical, physical and social stimulation; and
WHEREAS: Individuals who meet established guidelines are eligible for services regardless of race, creed, gender, color, religion, national original or handicap; and
WHEREAS: Shore UP! Inc.’s Adult Day Services Program offers the benefits of personal care, nutritious meals, social work services, transportation, supervised prescribed medication, physical, occupational and speech therapy evaluations, planned therapeutic activities and lab services arrangements; and all centers are licensed to provide respite services through the Senior Center Plus Program.
NOW, THEREFORE, BE IT RESOLVED BY THE WICOMICO COUNTY
COUNCIL that Shore UP! Inc.’s Shady Pines Adult Day Care Center is hereby
commended for the services and benefits it provides to our community. Be it further resolved that the citizens of
Mr. Sarbanes called the meeting to order and asked for
additions or corrections to the Minutes.
On motion of Mr. Taylor, seconded by Mr. Long and unanimously carried,
Council approved the Minutes of
Theodore E. Shea, II reviewed the following items of business for Council’s consideration.
A
manufacturer’s tax exemption is granted on machinery and equipment used in the
conduct of the manufacturing industry in
Terms of Board members John McIntyre and George Landing expire in September 2004. Mr. McIntyre represents electricians and, according to the Ordinance cannot be reappointed. Mr. Landing is willing to be reappointed. Board Member Harry Jones needs to be replaced due to illness however Mr. Shea requests Council defer an appointment until recommendations for his replacement are received. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council appointed Edward Tribeck and reappointed George Landing.
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 September, in the amount of $38,343, contingent upon Council approval. On motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council authorized the transfers.
The Board approved transfers of funds under $1,000 between
categories of its Annual Budget for fiscal year 2004-2005
for the month of September in the amount of $1,140 in accordance with a previous Council’s gentlemen’s agreement. No
action is required. The Board also transferred funds within the major
categories of its Annual Budget for fiscal year 2004-2005 for the month of
September in the amount of $31,960. Council action is not required to transfer
within categories.
Grant Positions for Circuit Court
The First Judicial Circuit, which encompasses
Sheriff R.Hunter Nelms advised that four Advisory Board
Members terms will expire in October 2004, Council members Edward Taylor and
Gail Bartkovich; State’s Attorney Davis Ruark and Paul Ward, Somerset County
representative. He pointed out that
For information purposes Mr. Shea referred to advisements
from Maryland Department of Natural Resources informing
Cedar Hill Marina Bulkhead (FY 2001) $15,000 first and final payment for grant project Countywide Public Landing Maintenance (FY2003) $3,650 partial payment, balance $l,350
Countywide Public Landing Maintenance (FY2002) $1,950 final payment
Cedar Hill Marina Bulkhead (FY2004) $4,842.50; first partial payment, balance $157.50
Schumaker Pond Pier (FY2004) $16,664, balance of $3,336
Cedar Hill Marina Bulkhead (FY2004) $25,0000; first and final payment
Statement of Latest Investment Rates/Balances for all County Funds
Total General Fund balance, $782,256; Capital Project Fund balance, $46,512,262; Total Major Non-designated Funds, $67,983,863; and Total Reserve Funds of $6,171,482. Contingency Funds used since the last meeting, $8,307, balance $891,693.
For information purposes, Mrs. Petersen announced that she attended a seminar with the Board of Education for the purpose of clarifying requirements that govern the use of State tax-exempt bonds and pay-go funds, to reimburse local jurisdictions forward-funding the State share of school construction projects. Mrs. Petersen stated the process has not been a problem in the past because the State pay-go fund was sufficient, however the fund is almost exhausted. Counties were informed that projects forward-funded with bond funds might not be reimbursed. Mrs. Prettyman suggested taking precautions in preparing the Capital Improvement Program and Five-year Plan to avoid having forward-funded projects. President Sarbanes suggested sending a letter to the Board of Education clarifying the County’s position.
Council received a formal bid list with eleven bidders ranging from 3.17% to 3.34%. Mrs. Petersen expressed her pleasure with the rates and that it indicated good oversight by the County. In addition, Mrs. Petersen advised the contract for the County’s Financial Advisor Samuel Ketterman, Davenport and Company, has expired. Mr. Ketterman has submitted a new contract at the same rate for the period ended December 2008. On motion made by Mr. Long, seconded by Mr. Taylor, and unanimously carried, Council renewed the contract.
Mrs. Petersen called attention to the use of unanticipated revenue by county departments to either reimburse the department for unavoidable expenses, or to make unbudgeted purchases. Unless specifically designated all revenues become general revenues of the County rather than revenues of any one department. Mrs. Petersen suggested when a department exceeds its budgeted revenue, petitions and is granted permission to use the funds to make departmental purchases, the department’s expense budget is increased by the amount and the County’s General Fund balance is decreased by the amount. She proposed that Council consider allowing the use of unanticipated revenue only for reimbursement of expenses incurred in generating the unanticipated revenue; generally salaries or overtime. Grant and enterprise funds are the exception. Council discussion determined this to be an existing procedure. Mr. Taylor offered a motion to re-establish, with clarification, the current policy. The motion was seconded by Mr. Long and unanimously carried.
Trinity Sterile has requested a manufacturing tax exemption
on machinery and equipment used in the conduct of its business in
Arcon Welding has requested a manufacturing tax exemption on
machinery and equipment used in the conduct of its business in
Mrs. Petersen recalled that two new positions were approved
and would require office space. The
Department of General Services was approached to identify a location within the
Highlights of Significant Financial Transactions
John Ellis, Chief Financial Accountant, reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues. Year-to-date revenues represent approximately 43% of the current budget and expenditures reflect 17% of the current budget.
Mrs. Bartkovich requested an update to Mr. Shea’s April 2004
letter to volunteer fire companies requesting the company to submit a detail of
expenditures in accordance to Chapter 39 of the Charter and Code of Wicomico
County. In accordance to the Chapter,
annual checks should not be issued to the fire company until this information
is received. Mr. Shea reported all companies have responded with the exception
of Mardela, Pittsville, Powellville, Sharptown and Fruitland. Chapter 39
states ……Each volunteer fire company and ambulance company receiving any of the
above funds shall submit an annual report to said County Council, giving a
detailed statement of the expenditures of said fund or funds, and no payment
shall be made to any volunteer fire company or ambulance company or rescue
squad until it shall have submitted such report showing the expenditures of
said fund for the preceding year.”
(PUBLIC HEARING)
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 proposed resolution to sell to Willards Volunteer
Company a parcel of land situate, lying and being in the Town of Willards, Willards Election
District of Wicomico County, Maryland, on the westerly side of and binding upon
the State Road leading from the Salisbury-Ocean City State Road to the Town of
Willards and bounded on the North by Dennis Avenue, on the East by the State
Road aforesaid, on the South by Dock Street and on the West by Truitt Avenue,
said property is formerly known as the Old Willards School; being a part of the
same land that is intended to be conveyed unto Wicomico County, and intended to
be recorded among the aforesaid Land Records of Wicomico County, Maryland
immediately preceding the transfer of said property to Willards Volunteer Fire
Company. The above described property is
to be sold to Willards Volunteer Fire Company for the sum of Seventy Thousand
Two Hundred Fifty Dollars ($70,250). The
purchase price shall be paid as follows: Ten Thousand Dollars ($10,000.00) down
payment and the balance in a purchase money mortgage to the County payable at
0% rate of interest over a term of ten years.
There were no public comments.
Mr. Dashiell motioned for approval. He stated this win-win sale is an appropriate use of the property for purposes that will benefit the entire community. Mr. Dodd offered a second to the motion. He wished to thank Willards for their interest in the property and the fire company for their service to the community. Mrs. Bartkovich, Council representative to District 3 added her support. The motion was unanimously carried.
Mr. Keith Twilley, Willards Volunteer Fire Company, thanked
the Administrative Director,
Mr. Baker recalled a public hearing held September 16, 2003
for the purpose of hearing comments, protests and objections to the road
closing request from William Dale White and Donna Adkins White, to close a
street known as Maria Lane on the southerly side of Lot 3, and being more
particularly shown on a plat entitled, “Maria Acres” dated March 11, 1972 and
recorded in Liber J.W.T.S. No. 724, Folio 81. Following the hearing and lengthy
discussions between property owners, William and Donna White and their neighbor
Robert Conway, both parties agreed to close the road and agreed to have their
attorneys draft an agreement for Mr. Conway’s continued access across the
White’s property. To date the agreement
has not been drafted. Mr. White appears before Council this date to resolve the
outstanding issue. Mr. Conway expressed his willingness to do the same however
his attorney wished to have certain language in the agreement to ensure his
client’s rights. Mr. White does not agree
however, to transfer the right-of-way to a buyer, should Mr. Conway sell his
property. Mr. White told Council he wished to build a garage on his property
and cannot do so until this matter is resolved. Mr. Conway’s attorney requests
a continuance from this Council meeting. Mr. Baker advised it is not the
County’s position to be involved in the negotiating process or that of drafting
an agreement. Rights to cross the
property are at the sole discretion of the property owners and their attorneys.
The County’s position is to address the general public’s right to use as a
public street. Following discussion, on motion made by Mr. Long, seconded by
Mr. Taylor and unanimously carried, Council voted to close the
Mr. Sharma informed Council a request to reduce speed was
received for
Mr. Sharma reported, the Upper Ferry is closed, the boat is
in
For information purposes Mr. Sharma reported the uncertainty
of the permitting process pertaining to the reconstruction of the
For information Mr. Sharma recalled the request for speed bumps
from a resident in Whitehaven, known as a historical community. The road is traveled not only by vehicle, but
bikers and walkers. Mr. Sharma told Council he advised the resident that the
County does not use speed bumps on County roads because of the use of snow
equipment. Further, while he can reduce speed to 25 mph from
THERE WERE NO PUBLIC COMMENTS
Mr. Dodd expressed condolences to Worcester County
Commissioner Sonny Bloxom for his loss. In addition, he shared his opportunity
to attend Delmarva Bike Week in
Council members Dodd, Bartkovich and Prettyman voiced their
concerns to President Sarbanes at his instruction to County staff to provide
copies of Charter Resolution 579 to area businesses and agencies without
Council input or awareness. Council members are concerned that the public
receive complete and accurate information and that all members are aware of
what is being distributed. Mr. Sarbanes responded as President he felt he could
send the information to and request the receivers to review the document. He
announced that PACE would conduct a forum October 19 at
Mrs. Prettyman expressed her concern over closed agenda items and that Council is conducting public business outside the public’s eye.
President Sarbanes announced that the Dick Hazel Family made
a $3 Million contribution to the
Mr. Dodd motioned to enter a closed session under authority of Section 10-508(a) of the State Government Article of the Annotated Code of Maryland. The motion received a second by Mr. Long and was unanimously approved.
With no further business to come before Council the meeting was adjourned.
279.
_______________________________
Anthony Sarbanes, President
_______________________________
Charles R. Dashiell, Jr., Vice President
_______________________________
Edward T. Taylor, District 1
_______________________________
Stevie Prettyman, District 2
_______________________________
Gail M. Bartkovich, District 3
__________________ _______________________________
Theodore E. Shea, II Marvin R. Long, District 4
Admin. Director _______________________________
Larry W. Dodd, District 5