Wicomico County Council Minutes
November 16, 2004
The Wicomico County Council
met in Executive Session on Tuesday, November 16, 2004 at
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.
Proclamation
Mrs. Prettyman presented a Proclamation recognizing
Pre-Maturity Awareness Day. Endorsed by the March of Dimes, the promotion
advocates awareness of this devastating danger to all babies. Mrs. Pyda
Sterling, State Director of Development for Maryland March of Dimes accepted
the Proclamation.
Lower Eastern Shore Delegation Breakfast
The Delegation will
join Council Members for a breakfast meeting December 11th at the
Wicomico Youth and Civic Center. President Sarbanes recalled
that Council members agreed to include the Girl Scouts of the Chesapeake Bay
Council’s $4.3 Million Dollar Capital Campaign on its list of topics for
discussion.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, Administrative Director presented the
following items of business for Council’s consideration:
Board
of Education Budget Transfers
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 November, in the amount of $96,510, contingent upon
Council approval. On motion made by Mr.
Long, seconded by Mr. Taylor and unanimously carried, Council authorized the
transfers.
The Board also transferred funds within the major categories
of its Annual Budget for fiscal year 2004-2005 for the month of November, in
the amount of $4,022. Council action is not required to transfer within
categories.
Recreation Commission
Commissioner David White’s term has expired and he does not
wish to serve again however, Trent Molnar has expressed a willingness to serve.
Commissioner Tim Emge has completed his first term and is willing to continue;
Commissioners may serve two terms. On
motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried,
Council appointed Trent Molnar and re-appointed Tim Emge as members of the
Recreation Commission.
Proposed Capital Improvements Budget
Mr. Shea presented the Proposed Capital Improvements Budget
and Five-year Capital Program for 2005-2009 in accordance to Charter
provisions. Council members extended the date from October 15th to
allow the Board of Education to meet their schedule with the State of Maryland. The Charter calls for a Public Hearing on or
before December 15th and adoption by January 15th, it also provides for dates to be changed by
Council action. Mr. Shea suggested January 18th for the Public
Hearing with adoption by March 15th. Council concurred. Mr. Shea then called attention to two items
requiring Council’s consideration; a wireless broadband network, discussed
during a Tri County Council meeting wherein Lower Shore Counties would be asked
to participate in funding and, the School Construction Program for the Board of
Education. Council took no action on the wireless broadband network however, on
motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously
carried, authorized the Administrative Director to forward a letter indicating
that Wicomico County is prepared to fund that portion of the Board of
Education’s FY2005 Capital Projects to the extent necessary to maintain
consistency with the State-shared formula for State-approved projects, in an
amount not-to-exceed the total requested amount to the County for such projects.
Maryland Department of Transportation Annual Meeting
Secretary Robert Flanagan will meet with Council members
this date beginning at 5:30 p.m.,
Wicomico Youth and Civic Center. A public meeting regarding issues pertinent
to Wicomico County
will follow at 7:00 p.m.
Salisbury
Mall M.O.U.
The Memorandum of Understanding document is being prepared
by Lindsay Radar, (Bond Counsel) and has been delayed due to an illness in her
family. Council will receive the document when it becomes available.
DEPARTMENT OF
FINANCE
Statement of Latest Investment Rates/Balances for all
County Funds
Patricia Petersen, Director of Finance submitted the
Financial Report. Total General Fund balance, $215,072, Capital Project Fund
balance, $37,052,718; Total Major Non-designated Funds, $55,538,157; and Total
Reserve Funds of $6,174,505. Contingency
Funds used to date $147,338, Fund balance $752,662.
Permits to Operate
On motion made by
Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council approved
the following permits to operate for the period beginning June 1, 2004 and ending May 30, 2005.
Whitehaven Bed and Breakfast
Whitehaven Hotel
Economy Inn
Charda Inc., t/a Best Budget Inn
Microtel Inn and Suites
Salisbury LLC
t/a Ramada Inn
Travelers Inn
Grass
Cutting Bills
In accordance to an agreement that the Director of Finance
be authorized to make payments for grass cutting up to $250 without Council
approval, Mrs. Petersen reported payments for grass cutting at 6851
Havassy Drive, Salisbury, Maryland
in the amount of $125
and, 1113 Kiowa Avenue, Salisbury,
Maryland in the amount of $200.
FY2005 State Fire Protection Grant
The State has advised that Wicomico
County will receive $224,668 in
Fire Protection Grant Funds this fiscal year, compared to $232,831 the previous
year. The City of Salisbury and Town of
Delmar have waived their right to minimum allocation therefore each of the 14
volunteer fire companies will receive $16,047.70. On motion made by Mrs. Prettyman, seconded by
Mr. Long, and unanimously carried, Council authorized distributions to each
volunteer fire company in the amount of $16,047.70.
Respiratory Protection
Volunteer Fire Companies are instructed to file requests for
payments prior to the end of the fiscal year.
Although a budgeted line item, Fruitland has submitted bills related to
the previous year from June 2003 through March 2004, estimated at $1900. The
budgeted amount for all companies is $27,000. Mr. Dashiell motioned to approve
the request with the notation that future requests should be made on a timely
basis. Mrs. Prettyman seconded the motion and it was unanimously carried.
Financial Systems Program Manager
Mrs. Petersen recalled that the Finance Department’s
Computer Systems Operator has retired. The Grade 11 employee had a vast
knowledge of computer technology and the County’s AS400 System. Ray Micciche,
Director of Information Management together with Mrs. Petersen agree the replacement should have a functional knowledge of
finance and computer technology to manage the County’s new MUNIs system.
Following discussion with Tom Calo, Director of Human Resources Mrs. Petersen
requests permission to offer a new position, Financial Systems Program Manager
at Grade 14. Mr. Long motioned to approve the new title at Grade 14. Mr. Dashiell
seconded the motion and it was unanimously carried.
Grants Developer
The Director of Finance has offered a two-year contractual
position of Grants Developer to Ms. Stephanie Sandrock. Ms. Sandrock wished to
know if a performance appraisal would be conducted after the first year and if
the appraisal would include consideration for a salary increase. Council
determined the request to be outside of its normal process for contractual
employees; contracts are generally renegotiated if performance is satisfactory. Mr. Shea recommended offering a one-year
contract with a one-year renewal rather than two-years, with consideration for
a salary increase after the first year. Mr. Dashiell motioned approval. Mr.
Long seconded the motion and it was unanimously carried.
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 through October 2004. President Sarbanes asked if all expenditures
were paid for the D.R.I.L.L. Academy,
to which Mrs. Petersen responded all invoices may not have been received. Mrs. Prettyman asked for an
estimate of utility cost per month. (Note: She receives later in the meeting).
In response to how many cars were assigned to the facility, Mrs. Bartkovich
responded according to Purchasing Department records, there are two Dodge vans,
five Chevrolet Luminas (grant purchases) and one Crown Victoria. At Council’s
request, Mr. Ellis distributed a Revised June 30,2004 Financial Report,
Highlighting Significant Year to Date Transactions.
DEPARTMENT OF
PUBLIC WORKS
Newland Park
Landfill- Gas Management System Improvements
Director of Public Works, P. Rai Sharma submitted a bid
tabulation for the above referenced project and recommends award to the low
bidder American Environmental Group Limited, in the amount of $183,993. On motion made by Mr. Long, seconded by Mrs.
Prettyman and unanimously carried, Council accepted the recommendation. The
funding source is the Solid Waste Enterprise Fund.
Roads to be taken into the County’s Maintenance System
On motion by Mr. Long, seconded by Mrs. Prettyman, and
unanimously carried, Council accepted the following streets into the County’s
Road System: Steeplechase, Section 4 and
5; Jumpers Court, Morgans Way, Derby Drive and Equestrian Drive (extension).
Casher Wells Road
Mr. Sharma referred to a Daily Times news article that Richland
and Casher Wells Roads were not paved.
He explained that once road construction is complete and the road has
been stabilized, a wait time ensures that the road was stabilized correctly and
has good compaction. When this has been
confirmed, the road will be paved.
COUNTY ATTORNEY
Proposed
Road Closing ‑ Culver Road
County Attorney Edgar A. Baker, Jr. recalled on September 16, 2003, Robert L. Culver,
Inc. requested the closure of Graham Drive
and Messick Avenue, being
located at the corner of Culver Road
and Pemberton Drive. The
road beds of each road is owned by Mr. Culver, as
shown on a plat approved by the County in 1947; therefore, it constitutes a
dedication of road right-of-way for a public road. County
Code requires submission of a
request for a road closing to County Public
Works for review prior to public hearing. Mr.
Robert Culver explained that following the site plan/Planning Commission review
process he decided to use the property as the site of a mini‑storage
business that would have access solely from Culver Road.
Messick Avenue would not be
improved and his storm water management system would outfall into the City
storm drain system running under Pemberton Drive. Mr. Culver would pay the City of Salisbury
for any overflow. Mr. Culver stated he wishes to fence Messick
Avenue for his use.
Mr. Mike Schneider, property owner, cited that his property
is comprised of two separate lots, not one lot as indicated on the survey, both
of which adjoin the "paper street".
The closure and fencing of Messick Avenue
would result in one lot being landlocked", having no access to Pemberton
Drive. Mr. Schneider wishes to keep Messick
Avenue open to allow access for a future
development. Mr. Culver does not necessarily object to not closing the road,
but would not pay to bring the road to City and County construction
standards. Mr. Baker suggested to
formally close the dedication for public use from the northside of that half of
Lot 18 owned by Mr. Schneider and, should he wish to open the road, he would
have to build the road. Mr. Schneider stated his future project would be
condemned if he could not utilize Lot 18. Mr. Sharma
asked if Mr. Schneider would have room to build the required turnaround if a
public street is built in the future; Mr. Schneider responded it is too early
in his proposed project to make certain determinations. Mr. Sharma recommended that Messick
Avenue be closed beyond Mr. Schneider's portion of
Lot 18, leaving the rest of the dedication open. Mr.
Schneider must absorb the costs of construction of any future public street.
Mr. Shea stated the property could be annexed into the City and the road could
still be under the County's maintenance. Therefore, the County would be
responsible for maintaining the right‑of‑way. Mr. Sharma clarified
that the road will first have to be constructed to the County’s standards
before County will accept it into its maintenance system. The County has no responsibility to maintain
the right-of-way in its current status.
Mr. Dashiell motioned to close Graham Avenue
in its entirety and Messick Avenue
from the northerly property line of Mr. Schneider's property including Lot
18 north to Graham Avenue
and grant the right to Mr. Culver to have the drainage run through Messick
Avenue property as an outfall. The motion was
seconded by Mr. Long and unanimously carried.
LEGISLATIVE SESSION
On motion made by Mr. Dodd, seconded by Mr. Dashiell and
unanimously carried, Council adjourned the Executive Session to enter
Legislative Session. Minutes of the Legislative Session are separate and apart
from the Executive Session and are available in the Administrative Offices of
the County.
SHERIFF R. HUNTER NELMS
Use of Range, Firearms Instructor Armorer & Range Master
Sheriff Nelms advised that Sergeant Frank Hastings, the
former facilitator has retired. Since Wicomico
County does not have its own firing
range, Sheriff Nelms wishes to contract the services of Mr. Hastings through
his business, Shooters Supply, at an amount equal to his former salary as
Sergeant, $4,257 monthly. The County Attorney
confirmed the arrangement is a business contract rather than an employment
contract and has no fringe benefits. On motion made by Mrs. Prettyman, seconded
by Mr. Dodd and unanimously carried, Council approved the contract.
Sheriff Nelms reported the Department of Juvenile Services
has closed the D.R.I.L.L. Academy
and removed all candidates and Lt. Todd Richardson is finalizing the Sheriff’s
Office responsibility for the facility.
Sheriff Nelms wished to publicly express that he met with young people
who were transitioned through the program, and believes the program was solid
and well conceived. Further, while he
does not anticipate the Sheriff’s Office having future responsibility, he hopes
that the Advisory Board can work through the Department of Juvenile Services to
utilize the facility. Following his
comments, Sheriff Nelms submitted an interim financial report, which will be
finalized in another thirty days. He reported
this fiscal year the D.R.I.L.L. Academy
has an outstanding debt of $118,446.50. Lt. Richardson commented that
additional bills could be received however revenues have been billed. Sheriff Nelms suggests Council might wish to
consider reviewing payments to the Board of Education. Up to the reassignment
of Board of Education personnel, reports indicate a $29,000 overpayment to the
Board. Sheriff Nelms stated, the County has acquired a
substantial piece of property and installed substantial infrastructure to
create the D.R.I.L.L. Academy.
Were the property used in some other way, new income could defray the accrued
debt. Council requested a copy of the inventory for the facility when
available.
Council member Edward Taylor, who serves as the D.R.I.L.L.
Academy Advisory Board Chair,
reported a recent meeting with Advisory Board members Gail Bartkovich, Davis
Ruark, John Bloxom and Jim Perdue, together with George Roache, Public
Information Officer and Edgar Baker, Jr., County
Attorney. The Board agrees there is
a need to have this type of program. Mr.
Taylor stated he does not feel the facility should have been closed over two
alleged incidents and, that he favors reinstating the Academy as an
institution. He has arranged a meeting
with Secretary Montague, Department of Juvenile Services to discuss the D.R.I.L.L.
Academy and will report its
results. Council members expressed their
disappointment at the facility’s closing and cited instances of positive
interactions by candidates. Council agrees with the concept; the key of which
includes aftercare and discipline. However, of major concern is the loss of
jobs for deputies assigned to the facility and the fiscal impact to Wicomico
County. Council agrees a different level of
commitment is needed from the Department of Juvenile Services to reactivate the
program in Wicomico County. Responding to an earlier requests, the
Director of Finance estimated expenses for the next month as, garbage
collection $137, electric $2500, water and sewer $500, telephone $500. Sheriff Nelms stated there is a punch list of
items to bring the facility to closure and he will work with Mr. Shea to
accomplish the list. Sheriff Nelms told Council that the department is making a
concerted effort to contact other law enforcement agencies and inform them that
Wicomico County
has a vast pool of certified law enforcement personnel who are now seeking
employment. Sheriff Nelms stated, a program such as this must have clearly defined lines
between law enforcement and the Department of Juvenile Services. The Sheriff assured the Council that when the
investigative report is complete there will be no signs of physical or sexual
abuse.
PUBLIC COMMENTS
Mr. Hal Phillips, Fraternal Order of Police, addressed the
Council in support of the Sheriff’s deputies whose jobs were interrupted due to
the closing of the D. R. I. L. L. Academy.
He encouraged Council to save jobs where possible, with consideration to
filling vacant positions.
COUNCIL COMMENTS
President Sarbanes advised that appointments are due for
County representation to the Maryland Association of Counties. He recommends
the reappointment of Theodore Shea and Charles Dashiell. On motion made by Mr.
Long, seconded by Mr. Taylor and unanimously carried, Council reappointed
Theodore Shea, Administrative Director and Vice President Charles Dashiell to
represent Wicomico County, Maryland.
Vice President Dashiell called attention to the 2004 General
Election. He wished to compliment Judy Ritter, Supervisor, the Board of
Elections and Judges, who handled the process in Wicomico
County. While he was not a supporter of the Elected
Executive form of government, he acknowledged that the citizens of Wicomico
County voted to implement the
change. Mr. Dashiell encouraged a working together of Council and community and
the selection of good candidates for elected offices.
Mrs. Prettyman requested a closed session to discuss a
personnel issue brought to her attention.
She requested the Director of Human Resources join this
discussion. Council concurred.
Thanking voters for their participation in the General
Election, Mr. Dodd reminded citizens that in 2006 voters would cast ballots for
eight elected positions in Wicomico County.
He suggests Council consider staggering the terms and give consideration to the
necessity of three at-large representatives.
The County Council reserves the right to close a portion of
this meeting as authorized by
Section 10-(508)a of the State
Government Articles of the Annotated Code of Maryland.
Mrs. Prettyman motioned to close the meeting, Mrs. Bartkovich seconded the
motion and it was unanimously carried, to discuss a personnel issue, D.R.I.L.L.
Academy Reduction in Force, and the
Fire Agreement.
The Council reconvened in Executive Session at 1:00
p.m. in Council Chambers. Anthony Sarbanes, Charles R. Dashiell,
Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich and Marvin R. Long
were in attendance. President Sarbanes announced that Councilman Dodd had a
previous commitment and could not in attend.
Sheriff’s Department -
Personnel Policies
Sheriff Nelms called attention to the Reduction In Force (RIF) of the 28 sworn police officers as a result
of the D. R. I. L. L. Academy closing.
The RIF has been accomplished using a last-in/
first-out policy, as recommended by the Sheriff, Human Resources Director and
members of the Sheriff’s Office. Under the County’s Personnel and Policies
Procedures Manual, a Reduction in Force would generally provide for a 30
day-notice, except in cases where there is severe financial impact. Sheriff
Nelms stated his Office has contacted other law enforcement agencies in an
effort to secure employment for the remaining force. On motion made by Mr. Dashiell, seconded by
Mr. Taylor and duly carried, Council accepted the policy as recommended.
There being no further business to come before the Council in
Executive Session the meeting was adjourned on motion made by Mr. Taylor,
seconded by Mrs. Prettyman and duly carried.
____________________________
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
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