October 19, 2004
The Wicomico County Council
met in Executive Session on
10:00 a.m. in Council
Chambers, Government Office Building, Salisbury, Maryland. Anthony Sarbanes,
Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich,
Marvin R. Long and Larry W. Dodd were in attendance.
Mr. Sarbanes called the meeting to order and asked for additions or corrections to the Minutes of October 5, 2004. Mr. Long, noting a corrected page on Council’s table offered a motion to approve with the amended page. Mr. Dashiell seconded the motion and it was duly carried with Mrs. Prettyman abstaining; she was absent October 5th.
The Honorable D. Page Elmore, Delegate, Sub-District 38A, presented Isabel Recovery Certificates of Appreciation on behalf of Governor Robert L. Ehrlich, Jr. to employees of the Wicomico County Health Department who were instrumental in providing services beyond their call of duty to those in need during Hurricane Isabel. Dr. Judith Sensenbrenner joined Delegate Elmore to express pleasure that, in times of crisis the citizens of Wicomico County regardless of political or economic philosophy come together to help their fellowman and neighbor. Receiving Certificates of Appreciation were: Maintenance employees Rodney Dawson and Roger Fisher, MIS staff Charles Timmons and Debbie Smith, Deputy Health Officer Lori Brewster and Director of Nurses Joan Scott. The Program Manager of Health Promotions/ Aging Department, Sally Walling and, Supervisor of Methadone in the Addictions Department Tina Brown, were unable to attend. The County Council joined Delegate Elmore in saluting these employees.
Delegate Elmore recognized the Honorable Jeanne Haddaway, who would later join Council members in discussion.
President Sarbanes presented a Proclamation to the Delmarva Water Transport Committee, Inc. in recognition of thirty years of service as a community leader in providing vital contributions to the quality of our citizens’ lives and helping preserve the integrity of our physical surroundings. Receiving the Proclamation were Joyce Cofield, Executive Director and Tim Emge, President.
Mr. Emge thanked Council for the partnering between government and private industry and added that waterways provide a transportation source for goods and services to be delivered to the Peninsula. He invited Council to participate in the Committee’s celebration on October 28th.
Theodore E. Shea, II reviewed the following items of business for Council’s consideration.
Delegate Haddaway accepted an invitation from Council members Dodd and Prettyman to appear before Council and learn what State legislation Council is interested in moving forward. Delegate Haddaway represents Western Wicomico County and serves on the Economic Matters Committee. Council members expressed interest in issues such as medical malpractice, state revenues, school construction, completion of bay bridge renovations and the slots machines. President Sarbanes confirmed that Council is planning a breakfast meeting with the Eastern Shore Delegation in the near future to discuss such issues. Delegate Haddaway concluded that, since the Eastern Shore Delegates each serve on different Committees, it would be an interesting discussion when they come together. She agrees the Eastern Shore is represented well by its Delegation.
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 October, in the amount of $27,856, contingent upon Council approval. On motion made by Mr. Long, seconded by Mr. Taylor 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 October, in the amount of $450; 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 October, in the amount of $115,481. Council action is not required to transfer within categories.
In October 0f 2002, the Board requested and received permission to utilize unanticipated revenues realized from its contract with Pepsi Cola Bottling Co. The contract included an exclusive “pouring rights” proviso requiring up-front payment for each of the next 7 years. Funds would be earmarked in Capital Outlay for the purpose of upgrading facilities at the County Stadium. The Board reports FY 2004 contract payments in the amount of $26,500, together with a revised plan for the remaining five years of the contract. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved utilizing the revenues to fund various upgrades at the County Stadium.
Mediacom has notified Wicomico County that a review of its franchise fees reflect that Wicomico County customers were under collected by $600. Rather than retroactively collect the oversight, Mediacom will increase future monthly billings by $0.l6. Customers will receive appropriate notification.
The Mayor and Commissioners of Delmar have submitted a copy of the Resolution proposing the annexation to the Town of Delmar of a certain area of land situate contiguous to and binding upon the Corporate Limits of the Town of Delmar located on the Westerly side of, and biding upon, U. S. Route 13 to be known as the Delmar Investments, LLC. The property is currently designated for commercial development by the County and will be zoned community business, if annexed. This is for information purposes and requires no action.
Governor Robert L. Ehrlich, Jr. has announced assistance to Wicomico County to acquire land (formerly Chesapeake Airways property) at the airport to ensure safety areas remain obstruction free to flight operations. The State will provide 2.5 percent or, up to $32,181 of the total cost of the project, $1.3 Million. The allocation demonstrates the partnership and shared commitment among the Federal Aviation Administration, the State of Maryland and Wicomico County to preserve Maryland’s aviation gateways.
Council is advised that, under the FY 2004 Federal Emergency Shelter Grants Program Wicomico County will receive $3,660 to assist in providing services to support maintenance and operating costs for transitional and emergency shelter. The service provider to receive the funds in Wicomico County is Diakonia, Inc.
Commission on Aging
Four members serving the Commission have submitted resignations for a variety of reasons; Dr. Joan Fobbs-Wilson, Joan Petrucci, Andy Ball and Candice Norcross. The Commission recommends the appointments of: Bonnie Willey, Robert Lovely, Audrey Rivers and Melissa Denault. On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council accepted the recommendations.
Councilman Long called attention to correspondence between the Board of Education and the Town of Willards indicating that the Town had not resolved its sewer capacity issue, which would limit the usability of the old school. Mr. Long informed Council of conversation with members of the Willards Volunteer Fire Company, purchasers of the property, who indicate the wastewater treatment plant’s capacity should be increased by the time the transition occurs.
Statement of Latest Investment Rates/Balances for all County Funds
Patricia Petersen, Director of Finance submitted the Financial Report. Total General Fund balance, $2,331,263, Capital Project Fund balance, $43,486,298; Total Major Non-designated Funds, $63,795,366; and Total Reserve Funds of $6,172,884. Contingency Funds used since the last meeting, $16,700. Total Contingency Funds used to date $100,007; Contingency Fund balance $799,993.
At its last meeting Council granted permission to the Director of Finance to pay bills for grass-cutting up to $250 without Council approval. Mrs. Petersen indicated she would report payments to Council during a subsequent meeting. Since its last meeting payments were made to J & J Lawn Care for service at 801 Miami Avenue and 28443 Crown Road, in the amount of $200, respectively. Photographs of the overgrown properties accompanied her report.
Responding to Council’s request to report delinquent travel expenditures, Mrs. Petersen advised the following departments had one or more delinquent travel accounts: Planning, Zoning and Community Development; Task Force and Department of Corrections.
Mrs. Petersen reported that the State of Maryland requests that the County take appropriate steps to ensure that fire companies receiving funds from the William H. Amoss Fire, Rescue and Ambulance Fund provide timely reports to the Maryland Fire Incident Reporting System and/or Ambulance Information System. Failure to file reports could endanger 508 funds and jeopardize the County’s participation in the program. Mrs. Petersen further reported that five companies and at least one of the City of Salisbury companies are delinquent for 2003. Parsonsburg is the only company that has filed for 2004. She requested Council direction for distribution of 508 funds. Following discussion, on motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Mrs. Petersen was instructed to distribute 2003 monies and to send a letter to the Presidents of the Volunteer Fire Companies advising that they must comply before receiving 2004 monies. Mr. Dodd was interested to learn what authority the County has over this part of public safety. Mr. Baker will research and advise.
For information purposes, Mrs. Petersen reported on hotel/motel inspections. Fire Inspector Edward Torbert advises, to date six hotels are inspected, one is closed, working with three others to bring into compliance and the remaining eight facilities have made no contact in response to his letter. Mr. Dodd remarked that he had opportunity to go out on several inspections with Mr. Torbert and, while his office is limited, they perform a good service.
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 45% of the current budget and expenditures reflect 25% of the current budget.
Mr. Sharma called attention to a letter from residents of Whitehaven expressing concern that tour buses and tractor and trailers are traveling through the town on its very narrow streets and experiencing difficulty when attempting to turnaround. In order to make these turns, drivers are turning around on private property, some of which has been damaged. In discussion with residents, Mr. Sharma proposed posting these signs: Sign One: No trucks beyond Mezick Road except local delivery; Sign Two: No right turns - Trucks over two axles except local delivery; Sign Three: No trucks over two axles except local delivery. Mr. Long asked if the signs included buses. Mr. Sharma agreed and will modify the signs. On motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved the signs with the modification for buses.
Delmarva Paint Ball will host a haunted attraction from October 26 – October 31. Between 500 and 1000 participants are anticipated with activities on both sides of West Gordy Road. Patrons will be walking across the road from dark until approximately 3 a.m. In the interest of safety, the company requests the closing of West Gordy Road between Route13 and the entrance to the attraction. It is their understanding the hours will not create any hardship for neighboring businesses and will have little impact on local traffic. Mr. Sharma recommends approval and will post appropriate signage. Delmarva Paint Ball will assume the physical opening and closing of the road. On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved the request.
Mr. Sharma is continuing discussion with the U. S. Coast Guard. Will report to Council at its meeting of November 5, 2004 on the status of the project and what approach the County should take.
On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council voted to enter Legislative Session. Legislative Session Minutes are separately maintained from Executive Session and are public information.
With Legislative Session concluded and on motion made by Mr. Dodd and a second by Mr. Long, Council adjourned Legislative Session and reconvened in Executive Session.
Mr. Baker advised that the aforementioned legislation to introduce Bill No. 2004-7 was necessary in order to designate the appropriate enforcement agent. The Nuisance Chapter 174 contains a series of specific items designated as nuisances; originally divided between the Health Department and the office of Planning, Zoning and Community Development. In an effort to consolidate responsibilities, a Resolution changing the allocation of the enforcement duties is proposed. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously approved, Council adopted Resolution No. 583.
Director Jack Lenox and Planners Gloria Smith and Chuck Ward came before Council with the following requests:
1) Agricultural Land Preservation Program
The use of funds is requested for the purchase of the Brannock/Nichols Easement in the amount of $103,972. Funds for administrative expenses (estimated at approximately $35,177) would be used to leverage the expenditure of $257,100 in funds by the Lower Shore Land Trust through the Federal Farmland and Ranchlands Protection Program.
2) T.R.E.E. Program
Authorization is requested to establish the Wicomico
County Timber Resource Easement and
Exchange program (T.R.E.E). This involves the use of in-house staff, with
no additional County appropriation, to make more effective use of the Forest
Conservation Fund. Council approval will be necessary for specific purchases.
3) Rural Legacy Program
Authorization is requested to initiate negotiations
with property owners within the
Quantico Creek Rural Legacy Area, for the purchase of conservation
easements ($400,000). Administrative work is to be coordinated through the
County Planning Office in order to minimize overhead, and share expenses
through in-house staff referenced in the T.R.E.E. program. Council approval
will be necessary for specific purchases.
On
motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried,
Council granted approval.
SANDY
SILVIA, DIRECTOR, WICOMICO COUNTY EMERGENCY SERVICES
Wicomico
County’s Local Emergency Planning Committee (L.E.P.C.)
Ms.
Silvia introduced Mr. William Gordy, the resigning L.E.P.C. Chair who wished to
express his appreciation to Council and the Committee, together with his
recommendations for successors. Title
III of the Superfund Amendment and Reauthorization Act of 1986 and the L.E.P.C.
Mission Statement and By-Laws state that the County Council makes appointments
to the Committee. Toward that end, he recommends Co-Chairman Edward Werkheiser
assume the role of Chairman and Tim Emge assume the role of Co-Chairman. The
Committee has accepted both the resignation and recommendations. On motion made
by Mr. Dodd, seconded by Mrs. Prettyman and unanimously carried, Council
accepted the resignation of Mr. Gordy and appointed Edward Werkheiser, Chairman
and Tim Emge, Co-Chairman. Council will
receive an updated membership list.
PUBLIC
COMMENTS: There were no public comments.
COUNTY
COUNCIL COMMENTS: Mrs. Bartkovich
reminded voters this is the last time Council would meet before Election
Day. She encouraged voting and wanted to
express her support for an Elected County Executive for Wicomico County. Reminding taxpayers that the current year’s
budget exceeded One Hundred and Two Million Dollars, she contends that no
responsible business would operate at this level without a full-time CEO
directly accountable to its stockholders. Yet, Wicomico County’s business is
conducted with seven part-time individuals. She feels the taxpayers of Wicomico
County are being deceived that the seven individuals on the Council are
actually running the business of the County and yet the Council is held
accountable. On the issue of increased cost, it is her opinion that costs
cannot be pre-determined, that staffing requirements will be determined by the
Executive and that the Elected County Executive will be responsible to run his
department with the restraints of having to produce a balanced budget and being
directly accountable to the taxpayers.
She believes it is past the time that Wicomico County has an Elected
Executive.
In
accordance with Charter provisions, Mrs. Prettyman suggested changing the date
of the next Council meeting from Tuesday November 2nd to a subsequent Tuesday due to the General
Election, November 2nd. Council members did not agree to change the date
however on motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously
carried, Council voted to meet from 9:30 a.m. to not later than twelve o’clock,
with no lunch provision.
Mr.
Dashiell stated he encourages the citizenry of Wicomico County to take
advantage of every opportunity to be informed about the proposed Elected
Executive, that it would significantly change the current structure of Wicomico
County’s government. Further, that he has listened to both sides of the issue
and has come to the conclusion that it is not in the best interest of the
citizens to support an Elected Executive form of government, based primarily on
costs with estimated figures ranging from $150-$800,000. Mr. Dashiell concludes, whatever the costs,
any additional money the County might have needs to be spent on providing
services and not on additional government. For these reasons he does not
support an Elected Executive.
Mr.
Taylor wished to express that he does not support an Elected Executive. Two of
his concerns are, that the bond markets gave Wicomico County one of its highest
ratings over the ten years he has been on the Council, an accomplishment made
with a revenue restriction, which clearly indicates the Council has done a good
job. He stated that, the complaint that deficiencies exist on the Council has
caused some to want to replace the form of government. The other reason is,
that the County Administrator or any director of a department is evaluated and
then selected as the most qualified applicant. The Elected Executive, in his
opinion, would not undergo the same kinds of scrutiny but would be elected by
popular vote, which could be without credentials. Mr. Taylor feels that the
County can continue to get the best candidates for positions through its current
process.
Mrs. Prettyman commented that she has attended two meetings, heard a lot of rhetoric with incomplete and inaccurate information; which in her opinion is a disservice to the citizens. She stated that she anticipates the upcoming PACE Forum and hopes it is conducted fairly with accurate and complete information. She has heard that costs are too high and the population is not large enough. In her opinion anyone running for the position is going to be fiscally responsible and the people will decide whether they support that person’s platform. She believes that moving to an Elected Executive is a vision for the future. Also, Wicomico County was compared with six other counties in Maryland that had changed its form of government, but a comparison of when it happened in the county was not made. In some instances, the county had a smaller population than Wicomico County. Referring to the comment that too much power would be placed in one person, she wished to reiterate that citizens are being fooled thinking that seven members are making decisions, because they are not. Mrs. Prettyman added that decisions made without the input of all seven members is an injustice to the citizens. She concluded that, she has worked hard, will continue to be the voice of the people, that citizens should study the issue and obtain complete and accurate information. Although two years ago she did not, Mrs. Prettyman stated she supports the Elected Executive form of government.
President Sarbanes commented that PAC14’s television program Inside and Out is airing an overview of County departments using Council members to introduce the different departments and their functions in County government. He, too, reminded viewers to attend the PACE Forum, 7:00 p.m. October 19th, Salisbury University. A presentation of both forms of government (Current form/Elected Executive) will be heard. He then added, that he agrees with comments made by Mr. Dashiell, he is concerned over costs, power and whether Wicomico County is ready for this change in government. During the past few weeks, President Sarbanes requested County Departments submit their key accomplishments over the past two years. These can be viewed on the County’s website.
President Sarbanes announced that the Wesley College Amphitheater was recently named in honor of Council member Charles “Chip” Dashiell, who serves as Chairman of the Board of Trustees.
GARY MACKES, DIRECTOR OF RECREATION, PARKS, TOURISM AND CIVIC CENTER
Mr. Mackes introduced Jim Dash, Army Corp of Engineers. Mr. Dash conducted a power-point presentation for the Nanticoke Harbor Project. By way of background he recalled that, the Nanticoke Harbor has suffered with silt accumulation in the channel causing frequent and expensive dredging and difficulty in locating sites to deposit the sediment. He, then, explained the design, feasibility study, construction phase, costs, funding source and timelines of events. Following the overview, he concluded the Corp continues to work on the project with the initial $100,000 stipend (federally-funded) and anticipates partnering with the County to see the project through to construction. It is hoped that groundbreaking for the construction would begin in 2006. Mr. Mackes encouraged Council to share the urgency of this project with the Congressional delegation to appropriate necessary funding.
Mr. Kenneth Holland, a member of the audience, asked if there was any commercial use for the harbor. Answering affirmatively, Mr. Dash explained the Corp could not justify the expenditure if the harbor was used for recreation purposes only. The Nanticoke Seafood Company continues to use the harbor commercially.
COUNCIL COMMENT
Mr. Dodd also encouraged citizens to vote on November 2nd. On the subject of the Elected Executive, he stated he has spoken to a lot of people who are still undecided. Referring to figures presented in the community up to $800,000, Mr. Dodd stated could be construed as a scare tactic or one of reality however in reality, costs depends on who’s elected. He asks that citizens make an educated vote, voting with their hearts and not their emotions.
Mrs. Prettyman motioned to adjourn. The motion was carried. Mr. Dodd motioned by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that Council enter into a closed session. The motion was seconded by Mr. Taylor and unanimously carried.
There being no further business to come before the County Council in Executive Session, the meeting was adjourned.
____________________________
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
MINUTES OCTOBER 19, 2004