December 7, 2004
The County Council of Wicomico County, Maryland met in
Executive Session on
President Sarbanes called the meeting to order. Council
member Larry Dodd announced that
Frederick C. Harris, Purchasing Agent and S. Michael Thompson, Deputy Administrative Director. Mr. Harris also wished to recognize County employees Dave Tolbert, Roads Division and Edward Torbert, Fire Safety Inspector, for their considerable efforts to establish a countywide Risk Management Plan.
Mr. Sarbanes called for additions or corrections to the
Minutes. There were no comments and on
motion of Mr. Dashiell, seconded by Mr. Long, the Minutes of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items for Council’s consideration:
New Year’s Day, 2004 Friday,
Martin Luther King Day
President’s Day Monday, February 21
Good Friday Friday, March 25
Memorial Day Monday, May 30
Independence Day Monday July 4
Labor Day Monday, September 5
Veteran’s Day Friday, November 11
Thanksgiving Day Thursday, November 24
Day after Thanksgiving Friday, November 25
Christmas Monday, December 26
New Year’s Day
Payment of Bill: Mr.
Shea explained that in accordance with Chapter 174 of the
Care, in the amount of $225. Costs shall be assessed to the property owner and if left unpaid, shall become a lien and collected as real estate taxes. On motion of
Mr. Taylor, seconded by Mr. Dashiell, Council unanimously approved the request as submitted.
Transfer of Funds Request: Referring to a previous Council decision, Thomas Calo, Director of Human Resources, is requesting a $15,000 transfer from the Contingency Fund to complete funding for the County Total Compensation Study. There was a second request to transfer $5,200 for an Actuarial Valuation of the County’s Pension Plan. On motion of Mr. Long, seconded by Mr. Taylor, Council unanimously approved the request.
Meeting with Secretary, Dept. of Juvenile Justice: Mr. Shea recalled that Council recently met
with Secretary Montague to discuss the
Mr. Dashiell referred to the understanding that any
consultants’ fee would be paid by the State. Mr. Dashiell expressed his concern
that the County has insufficient resources to invest in a future program. The facility could be made available,
however, operational and program costs would have to be underwritten solely by
the State of
Mrs. Prettyman suggested that Council ask the County Finance
Director identify total
Sheriff’s Office – Firing Range Contract: Mr. Shea recalled that when the contract was previously approved by Council, the $37,000 cost was to be funded from the Salaries Account; however, the current available balance of $18,731 would cover only one-half of the costs and some provision must be made for the remainder. Mr. Shea is requesting Council direction. Council asked Sheriff Nelms to join in the discussion. The Sheriff responded the Office intends to make up the additional funds needed in other budget sources; the current $18,731 balance would carry the contract until this fiscal year-end. He reiterated the importance of the firing range to officers’ training. With the retirement of Mr. Hastings as a full-time law enforcement officer, there is the opportunity to use a lease arrangement that would prove cost effective. Upon being questioned as to the necessity of Council approval today, the Finance Director explained that while no monies would be needed from Contingency, Council still needs to approve the transfer the balance from Salaries to Contractual Services. On motion of Mrs. Bartkovich, seconded by Mr. Dashiell, Council unanimously approved the request.
GIS Organizational Structure: Mr. Shea referenced a memorandum regarding this subject and the need to schedule a work session in the future.
Discussion-Education Excise Tax: During a previous work session, Council heard a presentation by the F.U.T.U.R.E. organization, recommending consideration of an education excise tax to help fund capital projects. Mr. Shea reminded Council that any enabling legislation they wish to consider must be presented to the Maryland General Assembly, which convenes next month.
Mr. Sarbanes stated that after being approached by several individuals, public comments would be allowed today. Mrs. Prettyman stated she appreciated public comments, but this had not been advertised and suggested a public information meeting be scheduled. Mrs. Prettyman said that today’s public comments would probably be very positive; this would be unfair to others who might comment differently. Mr. Long motioned to amend Council practice to allow public comments at this time; the motion received a second by Mr. Dashiell. Calling for a vote, the motion was duly passed with Messrs. Sarbanes, Taylor and Dashiell voting in favor, Mrs. Bartkovich voting against and Mrs. Prettyman and Mr. Dodd abstaining.
Public Comments on Excise Tax:
Martin Neat, past president, Greater Salisbury Committee, stated its membership has discussed the issue at length, voted to support an education excise tax, which is considered the most appropriate vehicle to help fund school renovations and suggested that a $5,000 limit be placed.
Clay Belgie, Principal, James M. Bennett High School, referred to renovation goals for this facility, stating that with increased State and County funding, those goals could be reached. Mr. Belgie asked Council to support the goals offered by F.U.T.U.R.E.
Council Comments on Education Excise Tax:
Mr. Sarbanes reiterated Council’s continued commitment to public education, his concerns regarding deferment of improvements to aging schools; the choice of doing nothing or drafting enabling legislation to institute a partial funding source dedicated to those improvements; stressed the tax would not apply to agricultural buildings and agreed with a cap on the tax amount that could be imposed.
Mr. Long referred to last evening’s Tri-County meeting with the local delegation and the emphasis placed on the need for increased State funding. Stating that the current issue is not expanded capacity, rather, renovations to existing structures. While the State may increase public school funding, Mr. Long stated that each jurisdiction must be able to match those funds; he reiterated that revenue that would be generated from a developmental impact fee could not be used for school improvements; that the excise tax is the vehicle to raise such revenue for renovations and reduction of bond indebtedness, however, if anyone should have an alternative to the excise tax, he would certainly consider it.
Mr. Taylor referred to: his dedication to the public school system, stated prior Councils’ commitment to public education; since the revenue cap was initiated, this would be Council’s first step to generate revenue dedicated to education; that this tax would help, but would not be the total solution.
Mr. Dodd stated: that he did not support the concept of an excise tax last year because there was limited discussion on the subject; there is no doubt that schools need renovation or replacement, but his opposition this time is again, limited discussion and lack of timely information; stated his concern that at some later date, a sitting Council may choose to change the purpose of the proposed tax; he supports raising revenues for schools, but is not comfortable making a decision today. Mr. Sarbanes briefly rebutted the reference to limited discussion, citing various works sessions devoted to the proposed excise tax.
Mrs. Bartkovich stated her concerns that: prior Councils did not impose an impact fee to address these needs; lack of time to review documents provided this morning; the need to receive feedback and obtain support from municipalities (the source of most developable land and water/sewer services); requested that any decision for enabling legislation be deferred today.
Mrs. Prettyman, while agreeing most statements made today, made the following points:
Paul Tischler, Consultant, did discuss impact fees and excise tax with Council on two occasions, suggesting that Council utilize existing impact fee legislation; concern for how the tax would affect affordable housing; the excise tax, as written is unfair; concern for lack of an agreement with county municipalities; disagreed that school expansion is not an issue, rather, it is another part of the issue; the need for Council to review usage of other County fees that have been increased; referred to other counties that are considering an Adequate Public Facilities Ordinance; and asked Council to continue to work together on this issue. Again, Mr. Sarbanes gave rebuttal to the issue of affordable housing as it relates to an excise tax, but agreed that an alternative would have to be found if the excise tax concept is rejected.
Mr. Dashiell asked the
He explained that legislation imposing an excise tax would
include specifics as to eligible structures, criteria and formulas for
assessing the tax and tax rate, exempt structures and deposit of said taxes
into an Educational Facilities Improvement Fund. Revenue from this tax would be used solely
for primary/secondary schools capital projects or for debt service on bonds
issued for those types of projects. In
addition, the document would contain a clause that the tax could not exceed
$5,000 per unit of residential development.
Mr. Baker wished to clarify that such legislation would be State law and
could not be overridden by any jurisdictional vote. Any proposed change would have to be
submitted to and approved by the State of
Mr. Sarbanes asked Council for a mutually agreeable time to meet later this week.
Mr. Dashiell made the following points: Council members have had adequate time to review and express concerns or suggestions; it is time to make a decision on the difficult issue of additional taxes; for two years, he has heard requests for capital monies in excess of $20 million, with the County able to fund only a small percentage; the County is facing even greater challenges and to do nothing is not the right answer; Council needs to do something and generating $1 million via the excise tax would help meet school needs; the County needs to obtain increased State funding; this is the first step, the right thing to do for students and citizens alike; and he is prepared to vote today.
Discussion continued, with Council members offering
differing points of view on the previous statements. Mrs. Prettyman questioned the
On motion of Mr. Long, seconded by Mr. Dodd, Council
unanimously deferred action. Discussion
concluded with Council consensus to hold an open meeting
DEPARTMENT OF FINANCE
Patricia Petersen, Director, introduced Stephanie Sandrock, County Grants Developer, who received a warm welcome from Council.
Being the first meeting of the month, Mrs. Petersen reported that there have been no changes to the Contingency balance since Council’s last meeting; remaining balance is
$752,662.
Request for Payment: Mrs. Petersen is requesting Council approval for a transfer from Contingency to pay costs incurred for establishing new office space and purchasing related equipment for the Grants Developer position, physically located in Human Resources Department. Although, $3,000 had been budgeted, the final billing totaled $9,731.
Mrs. Petersen requests a transfer from Contingency to Finance’s accounts for $5,411
and $1,324 for Human Resources’ accounts. On motion of Mr. Long, seconded by
Mr. Dashiell, Council unanimously approved the request as submitted.
Audit of
data through
During a discussion about this matter, the auditor suggested
that an audit from July through November is not needed; rather, “agreed upon
procedures” to generate specific information would be adequate. Mrs. Bartkovich asked if the audit was a
requirement for State funding and if the State should take over the facility,
could we ask them to pay for an audit.
Mrs. Petersen stated that if she were the State, she would refuse because
the
Update on MUNIS System: Mrs. Petersen gave a brief update of the new Financial Management system used for collection of real and personal property taxes. While some difficulties have been experienced, cooperative efforts between the company and a newly formed committee of MUNIS users continue to resolve programming problems.
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director, submitted the following reports.
Wetipquin Bridge – Mr. Sharma stated that consulting engineers have submitted a proposal to assess the structural state of the bridge. The cost of the study is approximately $36,000. Mr. Sharma anticipates that report in approximately three to four months. The State Highway Administration is currently reviewing the proposal, also.
Upper Ferry – The structural work is proceeding satisfactorily and should be completed by next week; ferry repairs should be completed by the first week of January 2005.
Road Maintenance –
Landfill:
Mr. Taylor, the request was approved by a unanimous vote of six; Mrs. Prettyman was not present for the vote.
On a final note, Mr. Sharma advised that the East Side Sewer Study should be completed by the end of January 2005.
SHERIFF’S OFFICE – Public Hearing
Local Law Enforcement Block Grant: Sheriff Nelms stated that the Federal Block Grant is used to improve public safety. The Sheriff’s Office has met the criteria of the grant of $11,549.00 and can fund the required $1,283 match from the K-9 account. Sheriff Nelms is requesting Council’s approval to transfer the match. The proceeds of the grant shall be used to acquire another canine and related equipment. On motion of Mr. Dodd, seconded by Mr. Long, Council unanimously approved the transfer of funds.
Sheriff Nelms wished to publicly thank Sam’s Club for a $2,000 donation to benefit the
K-9 program.
Mrs. Bartkovich received public inquires as to why Sheriff’s
Office vehicles on duty at the Christmas Parade had
Sheriff Nelms also explained that his office did not have
the funds in time to make the purchase on the
Mr. Baker had no items to bring before Council today.
MIKE
Mr. Delano referred to a prior Council meeting when a
Council member made the statement that Tourism should actively solicit events
from outside the County. He then
introduced Benet McCormick, The Harley-Davidson of
Mrs. Prettyman paid compliments to Ms. McCormick regarding the presentation of the Vietnam Moving Wall across lower Delmarva. Mr. Dodd stated he had made the comment that the County had lost an opportunity to host Delmarva Bike Week and assured her that County staff would be pleased to have the opportunity to host the event.
STATE HIGHWAY ADMINISTRATION
Donnie Drewer, District Engineer, introduced Mr. Tony Brudis and Mr. Robert Millstead, Brudis and Associates, Inc., who provided a power point presentation reflecting a signal warrant analysis of the U.S. Route 50/Md. Route 347 and Route 670 Corridor.
Mr. Brudis shared statistical data regarding traffic accidents at Routes 347 and 670, as well as traffic flow going north/south. Alternatives were presented whereby the Rt. 347 and Rt. 670 access across to the median and a left turn to access U. S. Rt. 50 west would be eliminated. Traffic at Rt. 347 and Rt. 670 would be rerouted to access westbound traffic by using the next median on Rt. 50 East. The State Highway Administration would like to test this proposed traffic pattern early 2005, as weather permits for placement of flexible post barriers in the medians. Council gave its general concurrence to proceed.
PUBLIC COMMENTS – None
COUNCIL COMMENTS
Mr. Taylor reported that he had been asked to share information regarding several break-ins and vandalism of local churches in predominantly African/American communities.
Residents are being asked to help by becoming more aware of activity in their neighborhoods.
Mr. Sarbanes announced the award of Program Open Space grant monies for lighting equipment at the Henry S. Parker Athletic Complex and the Pittsville Ball Field.
Mr. Dodd referred to a prior Council conversation regarding Council mail and instructed Administrative staff to no longer open correspondence directly addressed to him.
Mrs. Prettyman asked the status of the Memorandum of Understanding with Chesapeake Realty (Old Salisbury Mall). Mr. Sarbanes that the MOU is being prepared and hopefully, Council would have the document at its next meeting. Mrs. Prettyman stated that some of the MACo members, who attended the recent winter conference, are going to request a change of date for that conference. Asking fellow Council members for their thoughts, there was general agreement that December is not an opportune time. Council asked the Administrative Director to prepare a letter to David Bliden, Maryland Association of Counties, requesting consideration in changing the dates and location of
the Winter Conference. Mrs. Prettyman asked if Council
representative to the Housing Authority Board of Commissioners had been
attending meetings. Mr. Taylor responded
that only one meeting had been held and he was unable to attend due to a prior
commitment. Mr. Taylor then asked Mrs.
Mary Ashanti, Board member, for an update.
Mrs.
Mr. Dodd asked for an update on Fire Service Agreement negotiations; Mr. Shea stated that letters of response have been sent, that only two suggestions had been received, but discussion would continue.
Mrs. Prettyman thanked Mr. Shea for copies of the County’s response letters to those who had expressed an interest in serving on the proposed Emergency Services Committee and asked if the committee would be appointed soon; Mr. Shea indicated this is Council’s decision. Asking Mr. Sarbanes the same question, he stated he would prefer to wait on these appointments until Council has resolved other open issues.
Mrs. Bartkovich asked if a letter had been sent to our local delegation regarding the Girl Scout Camp. Mr. Shea was confident the letter had been sent, but would confirm his statement.
Mr. Dodd then motioned to authorize a closed work session to discuss various contract negotiations. The motion was seconded by Mr. Long and unanimously approved.
Executive Session was then 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