Wicomico County, MD
Council Minutes
October 7, 2003
The Wicomico County Council met in Executive Session on
President Sarbanes called the meeting to order and made a
statement regarding a meeting with Dr. Rifkin, Wicomico Nursing Home, on
Dr. Rifkin or Judge Silber.
Mrs. Prettyman stated she was glad the issue had been addressed and recalled that about two years ago, Dr. Rifkin was interested in taking over the Nursing Home. Since Dr. Rifkin is the current Medical Director, he is well aware of the Nursing Home operations and its history. Mrs. Prettyman said that his company generally acquires troubled nursing homes and that our nursing home is not in that category. She also stated that she was told that Mr. Sarbanes was to get back to Judge Silber; Mr. Sarbanes stated that she was given incorrect information. Mrs. Prettyman concluded by stating this is a fine facility that serves the community well. Mr. Sarbanes agreed, stating that he has no interest in selling the facility; he added that Judge Silber no longer is part of the process. Mr. Sarbanes reiterated that he repeatedly told Dr. Rifkin that any interest on his part must be brought before the entire Council.
Mr. Long remarked that in most issues relating to Council business, individuals generally will contact either the Administrative Director or the Council President and is confident with Mr. Sarbanes’ action on the matter. Mr. Taylor stated that he has been approached in the past about the Nursing Home and responded in the same fashion as Mr. Sarbanes; he further stated that he was happy when Council took responsibility for the facility in 1994 to ensure that it remained in the community.
Mrs. Bartkovich commented that perhaps the correct response was for Mr. Sarbanes to contact Council members prior to the meeting to ascertain whether there was any interest in selling the facility. Mr. Sarbanes replied that it was a judgment call on his part.
The Minutes of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items of business:
Tax Exemption: The East Side Men’s Club, a non-profit organization, applies for tax- exempt status on real property and corporate taxes, on an annual basis. Council was provided a line-item profit and loss statement for review. On motion of Mrs. Prettyman, Council unanimously approved the tax exemption for the current year.
Settlement of Suit:
A Class Action suit, filed in
Without admitting any liability, AT&T has reached a
propose settlement, resulting in the payment of a maximum of $2.20 per linear
foot for anyone owning the underlying fee of the railroad right-of-way in which
the cable was installed. This would
equate to approximately $6,000. County
staff was required to make two decisions by
Annexation Request:
Mr. Shea reported that the County has been notified by the City of
Local Management Board: Mr. Shea explained that during the budget process, Linda Hardman, Executive Director, did not request that one grant position be filled, due to the fact that grant funds were not yet guaranteed. Said funds are now available and Ms. Hardman is requesting permission to fill the position. Mrs. Prettyman motioned to approve the request. Mrs. Bartkovich asked how long the position would be in place;
Ms. Hardman responded that is dependent upon the ability to utilize grant funding and that sometimes, the position can be maintained through use of “rollover” funds.
Council then unanimously approved the request as submitted.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, submitted the following reports for Council’s review:
Statement of Latest Investment Rates/Balances for all
Mrs. Petersen requested Council’s authorization to pay a
contractor’s invoice for grass cutting services at a
DEPARTMENT OF PUBLIC WORKS
Mr. Sarbanes prefaced the Director’s report by extending compliments to the Landfill/Solid Waste staff for their professional performance of duties following Hurricane Isabel, remarking on the many positive comments from the public.
Mrs. Bartkovich also commended the employees for their efforts in assisting the public, as well as clean up efforts removing branches and trees from roads.
Mr. Dashiell wished to thank Emergency Services personnel for their splendid work during the hurricane event, as did Mrs. Prettyman, who suggested that Council’s appreciation be expressed to each agency by letter.
Mr. Sharma submitted the following agenda items:
Town of
Update –
Update –
In the interim, Mr. Sharma asked that the Board of Zoning Appeals require payment be made part of its approval for an expansion of the business. The County has just received a check in the amount of $154,000.
As has been stated in previous meetings, due to cuts in State funding, the Roads Division no longer has funds for the County’s portion of the project. Acknowledging the immediate need to proceed with the project, Mr. Sharma suggested that his department be allowed to borrow the money ($250,000) from the Solid Waste Enterprise Fund, with the stipulation of a 10-20 year pay back as State funds become available. Mr. Long motioned to approve Mr. Sharma’s recommendation; Mr. Dashiell provided a second. Finance Director, Pat Petersen, advised that such inter-fund borrowing requires a nominal interest charge. Mr. Dashiell asked for a recommended interest rate; Mrs. Petersen suggested the current rate of 2.5%. Mr. Long amended his motion to approve, to include the required interest rate fee; Mr. Taylor provided a second and Council unanimously approved the request. Construction will begin this week and should be completed within 6-8 weeks.
Repairs – Sharps Creek Crossing: An inspection of Sharps Creek Crossing has
revealed that one of two pipes has corroded and is leaking, causing the culvert
to fail and creating a hole in the road. A temporary repair has been made to
this major collector road, but permanent repairs need to be done as soon as
possible. Mr. Sharma stated there are
two options, one of them at an approximate cost of $40,000; however, Mr. Sharma
recommended in-house repairs involving an open-cut to the road to replace the
pipes, at a cost of $7,500. This would
require closing the road for about two weeks, creating a detour route through
the City of
Award of Bid:
The Public Works Department has determined that the
80% grant funding of the project. Two proposals have been received and following review, Mr. Sharma is recommending award of bid to Atlantic Marine Construction, Inc.,
in the amount of $119,900.00. On motion of Mrs. Prettyman, Council unanimously approved the bid award as recommended.
Update –
Subdivision Plat Review:
Mr. Redden submitted the following sketch plats for Council’s consideration:
Subdivision: Sassafras Meadows
Mr. Redden reported that the applicant proposes to subdivide
126 single family lots; the subdivision will have approximately 8 acres of
roads, 2 acres of open space and the remnant shall be used for a 276-unit
apartment complex. The Planning
Commission granted preliminary Comprehensive Development Plan approval for the apartment
complex and reviewed a sketch plat for the single-family subdivision. A traffic study will be required and certain
future streets created in the early subdivisions that should be closed. The Developer will have a pre-annexation
agreement with the City of
Applicant: Hampshire, Hampshire & Andrews DPW # 23-03
Location: Crooked
Owner: Robert L. Messick, Inc.
Applicant proposes to subdivide 55 lots from a 34.5 acre
tract of land. Approximately 3.5 acres
of street would be created; Section 4 will consist of 24 lots, while Section 5
will consist of 31 lots. All lots will
front and have access on proposed interior streets. It should be noted that this phase of
development received preliminary approval from the Planning Commission on
Council concurred with the Department’s recommendation.
MOTION TO ENTER LEGISLATIVE SESSION
Please note that actions taken during Legislative Session
require separate Minutes that are public information and available upon
request.
On motion of Mr. Long, Council unanimously agreed to adjourn
Executive Session and enter Legislative Session. Edgar A. Baker, Jr.,
As the first order of business and on motion of Mr. Long,
Council unanimously approved the Minutes of
Mr. Baker introduced Legislative Bills 2003-19 and 2003-20. A public hearing was conducted for the adoption/rejection of Legislative Bills 2003-1,2003-14, 2003-15,
2003-16, 2003-17, 2003-18.
A Special Legislative Session and Public Hearing shall be conducted
With Legislative Session concluded, Mr. Long motioned to adjourn Legislative Session, to reconvene in Executive Session. The motion received unanimous approval.
Executive Session – continued
Mr. Baker referred Council to the proposed Capital Improvement Projects/Budget, totaling approximately $9.7 million. He advised that adoption of a Bond Resolution during one of the next two meetings would be necessary if Council chooses to meet deadlines for the Bond market.
RECREATION, PARKS AND TOURISM
Gary Mackes, Director, Larry Hardesty, Joe Harbison,
The
$64,000 transfer in net profits to the General Fund, as compared to $35,000 last year.
The Department had hoped to obtain $219,000 in State funds to construct a new catering kitchen, however, the funding has been deferred for one year. Because the current facilities are unable to hold the inventory and food production space for catered events for the next year, the staff considered the alternatives of either leasing or purchasing the necessary equipment. This investment would be used as the local match when the State grant is received. Staff determined that purchase would be a more cost effective approach, rather than a lease arrangement. A proposal to utilize $40,000 from the Tourism Reserve Account to fabricate an exterior door for access and to purchase the equipment was reviewed and approved by both the Recreation Commission and the Tourism Advisory Board. Repayment, to include an interest fee, would come from net profits generated by the catering operation.
Mrs. Bartkovich asked if the
Mr. Long remarked that this proposal fits into the department’s plan and this action is meant to improve one aspect of the overall catering operation.
Mrs. Prettyman posed several questions, including: 1) whether the Recreation Department Enterprise Account still has outstanding debt; Mr. Mackes identified those debts; 2) asked the County Attorney if Tourism Reserve funds could legally be used since they are generated through a dedicated tax; Mr. Baker replied that while the funds could not be simply taken and used, they could possibly be borrowed; 3) Mrs. Prettyman asked if the county’s 50% match for grant funds would be comprised of in-kind labor;
Mr. Mackes said part of the match would be existing equipment, but a portion would be cash from the Tourism Reserve Account, as discussed with the previous Council; 4) asked for clarification of a negative figure shown on the Catering Report, which Mr. Mackes explained. Mrs. Prettyman was not totally comfortable with the proposal involving dedicated tax revenue.
Mr. Strausberg emphasized that the Tourism Board thoroughly
discussed interest rates and terms of the proposal, realizing that the Board
has a fiduciary responsibility to realize a market return on the loan; he also
expressed the philosophy that Tourism and the
Mr. Taylor expressed his support for the actions taken by
staff to significantly increase sales and to run the
At Mrs. Bartkovich’s request, Mr. Mackes enumerated total obligations being carried by the Department.
Mr. Taylor motioned to support the request, receiving a second from Mr. Long. The motion was duly carried with Messrs. Taylor, Long, Dashiell, Dodd and Sarbanes voting “aye” and with Mrs. Bartkovich and Mrs. Prettyman voting “no”.
MISCELLANEOUS
Mr. Shea requested Council’s approval of a resolution whereby Recreation, Parks and Tourism has submitted an application for grant funds from the Maryland Economic Development Assistance Authority and Fund, as administered by the Maryland Department of Business and Economic Development, in the amount of $16,000, for the purpose of obtaining a Strategic Economic Plan for Tourism. Tourism Reserve Fund would provide the match. On motion of Mr. Dodd, Council unanimously approved the Resolution.
Mr. Sharma, bringing up the previous subject of borrowing money from the Solid Waste Enterprise Fund, asked to have payment of interest deferred for the first two years, until hopefully, State funding is restored. Council concurred with his request.
PUBLIC COMMENTS
Mr. Russell Cooper, who served as Project Inspector for the
Mr. Stanley Wilson, resident of
Mr. Frank Tobat for another term and in the future, appoint a resident of
COUNCIL COMMENTS:
None. On motion of Mrs.
Prettyman, Council recessed Executive Session, to reconvene at
Council reconvened Executive Session at approximately
HUMAN RESOURCES DEPARTMENT:
Edward Cox, Director, prefaced his review of revisions to the Personnel Manual by explaining that it contains no major policy changes. Most of the revisions are recommended to bring the Manual into compliance with legal requirement, improvement and/or clarifications of existing policies and procedures or to correct grammatical and typographical errors. Mr. Cox stated that the proposed revisions have been thoroughly reviewed by the Personnel Board and Personnel Committee. Mr. Cox introduced Preston Foreman, Capt. Robert Van Meter, Tina Medley, Lori Carter and John Terrell, employees who comprised the Personnel Committee. Mr. Cox explained that the proposed revisions would not have any significant fiscal impact. Council posed questions on revisions relating to certain exceptions to hours worked during approved holidays, cash awards and the absorption of taxes by the County and reimbursable items.
If Council agrees with the proposed revisions, the process is ready to move to public hearing and adoption by Resolution. Mr. Long motioned to proceed as required; the motion received approval by six Council members (Mrs. Bartkovich was not present during the vote).
Mrs. Prettyman asked if the revisions had been provided to all employees; Mr. Cox responded “no”, explaining that it has not been presented to all employees because they have yet to be approved by Council. Mrs. Prettyman remarked that input from County employees would be appropriate; Mr. Cox replied that employee input has been received through Personnel Committee members, who represent all departments.
Mrs. Bartkovich then joined the meeting.
DEPARTMENT OF FINANCE: REQUEST
Mrs. Petersen is requesting Council’s consideration to approve an exception to policy, allowing Finance Department employees to donate sick leave on behalf of another employee’s family member. The employee has exhausted all personal leave and has been granted sick pool leave to the extent possible. While donated annual leave is acceptable, Mrs. Petersen stated that most Finance Department employees do not have sufficient annual leave that could be donated; certainly not to the extent needed.
Mr. Cox confirmed that donation of sick leave is an exception to policy and could set a precedent for future requests for exception to policy; he also explained that donating annual leave has a cash value that conforms with policy. A recent exception to policy was discussed, but it was generally agreed that the circumstances were very unique and did not mirror the current request. Further discussion ensued, with Mr. Dashiell suggesting that all County employees be given the opportunity to donate annual leave to reach the amount of time needed. Mr. Cox will report back to Council with the results.
With business concluded, Mr. Taylor motioned to adjourn Executive Session and to enter a closed work session, as provided under Section 10-(508)14 of the Articles of Government, Annotated Code of Maryland. The motion was unanimously carried.
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Anthony Sarbanes, President
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Charles R. Dashiell, Jr., Vice President
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Edward T. Taylor, District 1
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Stevie Prettyman, District 2
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Gail M. Bartkovich, District 3
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Marvin R. Long, District 4
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Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director