Wicomico County Council Minutes of Meeting

October 15, 2002

The Wicomico County Council met in Executive Session on Tuesday, October 15, 2002 at 10:00 a.m., Council Chamber, Government Office Building, Salisbury, Maryland. Present were: L. Russell Molnar, President; Rebecca Taylor-White, Vice President; Philip L. Tilghman, Edward T. Taylor, Stevie Prettyman, Marvin R. Long, and A. David Ennis.

 President Molnar brought the meeting to order and called for any additions or corrections to the Minutes of October 1, 2002.  With no discussion, the minutes were approved as submitted. 

Council Members recognized Mitzi Perdue, who introduced the Healthy U Program.  Following her presentation, upon motion made by Ms. Taylor-White, seconded by Mr. Taylor, and unanimously carried, Council adopted the following Resolution endorsing Tri-county efforts to reduce the region’s tremendously high disease rates through the promotion of the healthier lifestyles program.

Resolution

Wicomico County, Maryland

WHEREAS, The Lower Shore of Maryland has unusually high rates of heart disease, cancer, and diabetes; and

WHEREAS, medical researchers believe that more than 40 percent of these diseases could be prevented through diet, exercise, and smoking cessation; and

WHEREAS, even small lifestyle changes, such as walking 10 minutes a day for those who have been sedentary, or eating more fruits and vegetables, can make individuals less vulnerable to these diseases; and

WHEREAS, Healthy U aims to move people toward a healthier lifestyle by providing:

Consistent healthy lifestyle messages at school, at work, at home, at houses of worship, in the media, and from the local government

Rewards for individual healthy lifestyle behaviors

Awards for organizations that create environments that encourage healthy lifestyle choices

NOW THEREFORE BE IT RESOLVED that the Wicomico County Council endorses the Healthy U Program for working together as a community to reduce the prevalence of heart disease, cancer, and diabetes in the three Lower Shore Counties, and encourages all residents of Wicomico County to participate in the Healthy U Program to encourage lifestyle improvements.

          Mr. Theodore E. Shea, Administrative Director, reported the Salisbury Festival of Lights committee wishes to expand its program to include the Court House. Last year the Government Office Building was illuminated for the first time and costs were equally shared between Wicomico County and the City of Salisbury; $1232  ($616 ea.).  Upon motion made by Ms. Taylor-White, seconded by Mr. Tilghman, and unanimously carried, Council approved the request not-to-exceed $1232 equally divided between  Wicomico County and the City of Salisbury. Wicomico County’s costs will be transferred from Community Promotions.

     E. Bruce Ford, Comptroller for the Board of Education, submitted a request for transfers of funds between major categories of its FY 2002-03 Annual Budget, for the month of October, in the amount of $29,820.  Requiring Council’s concurrence, upon motion made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council granted approval. Council also concurred with transfers of funds within major categories in the amount of $1,700.  In addition, the Board requests permission to utilize unanticipated revenues realized from its contract with Pepsi Cola Bottling Co.  The contract includes 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.  Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor, and unanimously carried, Council approved the request.

 Bayliner Marine Corporation request their manufacturer’s tax exemption be extended to Brunswick Family Boat Company, Inc. to reflect a legal name change. Upon motion made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council granted approval.

 Ms. Linda Hardman, Director, Local Management Board, Wicomico Partnership for Families and Children, wishes to relocate the office to Pemberton Business Center, 1201 Pemberton Drive, Salisbury, Maryland.  She submits the request together with a drafted lease agreement, which would enable improved operations and provide additional space.  Mrs. Prettyman motioned approval pending review by the County Attorney.  The motion was seconded by Mr. Taylor, and unanimously carried. On question of whose authority a change/amendment or revocation of the lease could occur, Ms. Hardman responded she would discuss with the existing landlord however, it is her understanding that either could nullify the lease by mutual agreement. 

 Mr. Shea reported that Henry Vinyard, Board of Elections attorney, requests that the Council consider legislation paralleling the State of Maryland’s requirements; establishing a time limit during which signatures to a petition for referendum are considered valid. Mr. Shea added it is Council’s prerogative to defer to the next Council for the first legislative session, February 2003. Council concurred. 

 Mr. Shea recalled discussions with Gary Mackes, Director of Recreation, Parks and Tourism regarding the hire of a Food Service Administrator to fill the position vacated by Mr. James Hughes. He reported Mr. Larry Hardesty has agreed to accept the position under the terms of the existing contract. Mr. Shea also recalled Council’s informal, yet favorable, acceptance to the request for reclassification of Civic Center Assistant Manager, Food Services Administrator, and Food Services Manager. Upon motion made by Mr. Tilghman, seconded by Mr. Long, and duly carried, with Mrs. Prettyman and Ms. Taylor-White voting no, Council approved the hire of Mr. Hardesty under the terms of the existing contract and approved the reclassifications as proposed. Mrs. Prettyman explained her vote is consistent with her opposition to full-time catering at the Civic Center and not toward Mr. Hardesty.  Ms. Taylor-White added that she is pleased to see the contract does not provide an option for the caterer to operate an additional (outside) business, however she continues to have concerns about affordability and the intended use of the Civic Center for community needs.

 Referencing the GIS Needs Analysis & Implementation Plan for Wicomico County and the City of Salisbury, Mr. Shea indicated that the plan has been submitted; the consultant prepared a three-year phased-in GIS Implementation Plan.  Mr. Shea noted that yearly costs seemed extensive therefore the consultant was requested to re-evaluate the schedule and provide a five-year plan.  The five-year plan also provided for an early deployment phase for the utilization of current funding as provided in the budgets of both the City of Salisbury ($28,000) and Wicomico County ($15,000.) for a total of $43,000.  Council concurrence is requested in giving direction to the consultant to do the earlier deployment phase.   Costs are within the budget and future years will have to be addressed in forthcoming budget years. Mrs. Prettyman called attention to the $1+ Million Dollar expenditure the County would share over the five-year period and wished to see a strategic funding mechanism in place. Following discussion, upon motion made by Mr. Tilghman, seconded by Mr. Long, and duly carried, with Mrs. Prettyman voting no, Council endorsed the new five-year plan in accordance with costs already established. Mrs. Prettyman's vote is not against concept but rather concern for a strategic funding mechanism.  

     Patricia B. Petersen, Director of Finance submitted the Statement of Latest Investment Rates/Balances for All County Funds as of October 15, 2002, which reflects a total General Fund balance of $3,780,996; Capital Project Fund balance of $37,781,504. Total Major Non-Designated County Funds $55,691,159, Total Designated Reserves and “Rainy Day” Reserve Funds, $4,774,337.  The report for Room Tax Collections for the months of July and August is submitted with two delinquencies. Mrs. Petersen reported the expiration of the current contract with Bank of America for the County’s Operating Account.  Bids were let and examined in accordance with service and costs and she recommends the award to Bank of America. Upon motion made by Mr. Long, seconded by Mr. Tilghman, and unanimously carried, Council accepted the recommendation and awarded the contract to Bank of America.

 In other financial matters, there were two items related to the Fruitland Water and Sewer Agreement.  Mr. Baker recalled the agreement to assist in the provision of a Wasterwater Treatment Plant as part of the Basic Water and Sewer Agreement with the City of Fruitland, and that in the County's interpretation of the Agreement, the assumption of the existing loan would require Fruitland to pay an additional approximate $9600 in interest for the period from the last loan payment until the date of the agreement; however, Fruitland believed that the County would be responsible for the interest.  In the spirit in which the agreement was signed, Mr. Tilghman motioned to approve the County's absorbing the $9600. The motion was seconded by Ms. Taylor-White and unanimously carried.

The second item related to Mrs. Petersen's receipt of an invoice from the City of Fruitland in the amount of $26,381.76.  This represents what would be a third loan in the assumption of the balance of the wastewater project.   Her records did not indicate a third loan as part of the agreement and therefore was not part of budgeted costs for FY2003.   Further research revealed that this loan had been added and was included in the final agreement, which she did not receive a copy of.   This request would therefore require a Transfer from Contingency.  Upon motion made by Mrs. Prettyman, seconded by Ms. Taylor-White, and unanimously carried, Council approved the request and authorized the following Transfer of Appropriations:

              Mr. John Ellis, Chief Accountant, also shared a report of significant year-to-date transactions for the General Fund, with supporting graphs.

 Mr. Tilghman requested clarification as to whether low interest rates were benefiting the County by lowering its arbitrage liability.  Mrs. Petersen reported that low interest rates were indeed benefiting the County by putting us in a negative arbitrage situation (i.e., the potential liability is being reduced).  Mrs. Petersen was not able to quantify the impact, but reported that at this time last year it was estimated to be $307,000; with low interest rates she budgeted $300,000 for FY03, and she expects it to be lower still.  The arbitrage contractor's reports are due any day.

    P. Rai Sharma, Public Works Director informed Council of the department’s involvement in the maintenance of drainage in Trace Hollow Subdivision whereby the Homeowners Association has not met its obligation.  The Association has agreed to allow the County to do the work and bill property owners for their share.

            The Department of Public Works has received a request to reduce the 50 mph speed limit on Waller Road. Mr. Sharma recommends 30 mph from the Maryland/Delaware line to Taylor Road, then resume at 50 mph. Upon motion made by Mr. Tilghman, seconded by Ms. Taylor-White, and unanimously carried, Council accepted the recommendation.

            Mr. Sharma wished to update Council on ferry operations. He reported that work is continuing to address the noise and vibration problems of the Upper Ferry and, that the Somerset County Roads System will begin corrective measures on their side of the Whitehaven Ferry; a portion of the ramp is collapsing and bulkheads are washing away. 

            At eleven-o’clock a.m., a public hearing was held for the purpose of hearing protest and objection to the proposed resolution to accept a donation, under certain terms and conditions, from Charsam, Inc., Trustee, of the following described parcels of land:

 All those lots, tracts or parcel of land lying and being in Nutters Election District of Wicomico County, Maryland, located on the northerly and southerly sides of Fooks School Road, and being more particularly shown and described as Parcels 38, 39A, 40 and 40A on a plat entitled “Charsam Inc., Parcels, Salisbury-Ocean City: Wicomico County Regional Airport” prepared by Delta Airport Consultants, dated November 2000. Parcel 40 will be donated to the County and a portion of the parcel outside of the protection zones will be leased to Charsam, Inc. for its corporate headquarters.  Parcels 38, 39A and 40A are to be leased to the County for the sum of $1.00 for a term of five years.  The lease shall further provide that upon the expiration of the lease term, Charsam, Inc., Trustee, or its assigns, shall donate the property and improvement thereon to Wicomico County, without further financial consideration.  The above-described property is being donated for the purpose of maintaining the required runway protection and safety zones as required by the Federal Aviation Administration. Mr. Tilghman motioned to accept in concept, the donation of land and, at such time as appropriate documentation is drafted, the County Attorney is authorized to execute.   Ms. Taylor-White seconded the motion and it was unanimously carried.

            Mr. Baker announced that the U. S. District Court granted the motion for summary judgment dismissing all claims against Wicomico County and the Department of Corrections (Detention Center) brought by lawsuit of Raymond Roberts. 

            Mr. Baker recalled negotiations with Mediacom, that the cable franchise agreement expired July 1, 2002 and Council adopted a resolution extending the agreement under its existing terms for an additional ninety days. While progress has been made in the negotiation process, a second extension is requested.  Upon motion made by Mrs. Prettyman, seconded by Ms. Taylor-White, and unanimously carried, Council approved the request extending the date to January 30, 2003. 

            Mr. Baker submitted the amended bylaws of the Local Management Board.  The Board has reviewed the document and with the exception of the proposal to expand the number of board members, is in agreement with the amendment including clarification of terms. Upon motion made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council adopted the amended bylaws.  

            Mr. Baker announced public hearings to be heard at the November 5^th Council meeting; Sharptown School, Program Open Space Easement Restrictions, and leased office space for Transportation Security Administration (TSA) at the Salisbury-Ocean City: Wicomico County Regional Airport.

 PUBLIC COMMENTS

            There were no public comments.

 COUNCIL COMMENTS

            Mrs. Prettyman called attention to an electronic mail transmission from a constituent concerning procedure and policy for ticket sales at the Wicomico Youth and Civic Center and wished Council members to meet with the department’s director to address the concerns. Messrs. Tilghman,  Taylor, Long, Ennis and the Chair, agreed Council should provide opportunity for the Recreation Commission to address and if it becomes necessary, offer direction. Both Mrs. Prettyman and Ms. Taylor-White encouraged the receipt of additional information and dialogue, not to usurp the Commission’s authority or interests, but to act on behalf of constituents who raised the concern.

            There being no further business to come before the Council the meeting was adjourned.

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