[0:08] 12 meeting to order for Wcomaku County [0:09] Council Legislative Session 2026-9 [0:12] for September 15, 2026. [0:15] This time we will have a moment of [0:18] silence. If you could uh see [0:37] » Thank you. Those you'd like to stand and [0:38] join us in the pledge of allegiance, [0:40] please do. [0:43] I pledge algiance to the flag of the [0:45] United States of America and to the [0:48] republic for it stands one nation under [0:52] God indivisible with liberty and justice [0:55] for all [1:00] » entertain a motion from uh council to [1:02] approve the consent agenda [1:04] second any discussion or corrections [1:08] seeing none all those in favor say I [1:10] >> post motion carry consent agenda passes [1:13] unanimously. This time we have a [1:15] proclamation to recognize the month of [1:16] October as suicide prevention month. We [1:19] have representatives [1:20] from the Life Crisis Center. Uh [1:22] Councilman Josh Hastings is going to [1:24] read the proclamation. Is everyone here? [1:27] Are they are they here today? We're [1:28] looking for an Emily Miller or a Carly [1:31] Rue. [1:35] » Maybe they're just running late. [1:37] >> Yep. Josh, if you'd like to go ahead, [1:39] we'll just go ahead and read it aloud [1:41] for them. [1:44] Yep, we're good. [1:48] Can see everybody today. [1:50] [clears throat] This is a proclamation [1:51] for National Suicide Prevention Month, [1:54] whereas suicide remains the 10th leading [1:57] cause of death in the United States and [1:59] the second leading cause of death among [2:01] individuals between ages 10 to 34. [2:04] Whereas over 90% of people who die by [2:07] suicide have a diagnosible and treatable [2:09] mental health condition, although often [2:11] that condition is not recognized or [2:13] treated. And whereas organizations such [2:16] as the American Foundation for Suicide [2:18] Prevention, are dedicated to saving [2:20] lives [clears throat] and bringing hope [2:22] to those who are affected by suicide [2:24] through education, advocacy, and [2:26] resources for those who have lost [2:27] someone to suicide or who struggle. And [2:30] whereas the American Foundation for [2:32] Suicide Prevention urges that we [2:34] recognize suicide as a preventable [2:36] public health problem, address [2:38] disparities in access to mental health [2:40] care, promote awareness that suicide [2:42] most often occurs when stressors exceed [2:44] someone's coping abilities, and [2:46] implement strategies to improve access [2:49] to quality mental health, substance [2:51] abuse, and suicide prevention services [2:53] and programs. Now therefore, the [2:55] Wakamaku County Council hereby [2:56] designates September as National Suicide [2:59] Prevention Month in Wakamaku County, [3:01] done this 15th day of September, 2026, [3:03] signed by the entire Wakamaku County [3:05] Council. [3:15] » That's them. Yeah, that's them right [3:18] there. [3:19] >> I don't have my glasses on, so I can't [3:21] see if folks here for suicide [3:22] prevention. [3:23] Yeah, [3:24] >> I just read it out. Uh, you're welcome. [3:26] Come on up here. Yeah. No, I got [3:29] [clears throat] [3:30] >> fine. Maybe you [3:31] >> I'm not that wicked. [3:35] >> We just uh just recognized it and I just [3:37] read through the proclamation. Um, I [3:40] want if if anyone wants to make some [3:42] comments u and then we can maybe take a [3:43] picture. [3:45] >> Oh, okay. Yeah, sure. [3:47] >> First of all, I just want to thank you [3:49] all for this. It's very important. um [3:51] National Suicide Prevention Month. Um I [3:53] feel like suicide has affected a lot of [3:56] people and I just thank you for bringing [3:57] this to um everyone's attention. It's a very important thing we talk [4:01] about and um just shows how important [4:04] our work is. So thank you all so much. [4:09] [applause] [4:13] » Yeah. [4:27] » [clears throat] [4:28] >> Thank you so much. [4:29] >> Thank you very much. [4:32] >> Thank you. [4:39] » Good morning, Mr. Benson. [4:40] >> Morning, Mr. President, County Council. [4:42] Um, we're here on for a [4:46] public hearing on legislative bill [4:48] emergency legislative bill number [4:49] 2026-11. [4:51] It's an emergency act to add chapter 49 [4:53] to the Wakamo County code titled nursing [4:56] home to establish rules and regulations [4:58] on the operation of the Wakamo County [5:00] nursing home, the appointment of an [5:01] administrator for the nursing home and [5:03] the establishment of a nursing home [5:04] commission to aid in maintaining good [5:06] government uh health and welfare of the [5:09] county. [5:10] >> Thank you, Mr. Benson. This time we open [5:12] the floor for a public hearing on [5:13] legislative bill number 2026-11. [5:16] If you have any comments that you'd like [5:17] to make in reference to this specific [5:18] legislation, come to the podium. Please [5:20] state your name, your county residence, [5:21] and your concerns. [5:23] >> Jim Atkins, Wakcom County, District 2. [5:27] Uh I know there's been a lot of uh talk, [5:30] meetings, and concerns about the nursing [5:32] home, and hopefully we're going to get [5:34] most of that taken care of today. [5:36] However, there's two things that I'd [5:38] like the council to consider before they [5:40] vote on this legislation today. The [5:43] first would be section 49.2 [5:47] where it states the county executive or [5:49] the county council with the affirmative [5:51] vote of five members of the county [5:53] council shall have the authority to [5:55] terminate the nursing home [5:57] administrator. [5:59] I'd like the council to consider an [6:03] amendment to that to read the county [6:06] executive andor county council and this [6:10] is the change or addition with a [6:13] majority recommen recommendation from [6:16] the commission. [6:19] Then an affirmative vote of five members [6:21] of the county council shall have the [6:23] authority to terminate the nursing home [6:25] administrator. [6:26] This gives a little bit of power to the [6:30] uh [6:31] commission and lets them notify the [6:34] council if there is a problem and it [6:37] needs to be addressed. The second item [6:39] I'd like you to consider is 49.5 [6:43] which is the membership portion stating [6:46] who will be a member of this commission. [6:48] I'd also like to suggest that the [6:52] commission be changed from seven members [6:56] to eight with the eighth member being a [6:59] non voting member and that member being [7:03] the nursing home administrator added to [7:06] that. So that that person is involved in [7:09] all the meetings that the commission has [7:12] but they do not have a vote but they are [7:14] able to educate the commission on topics [7:17] that are going on. Thank you. [7:20] >> Thank you Mr. Hens. [7:24] » Good morning. Uh Joe Venosa District 7 [7:26] Wamiko County. Um, [7:29] you know, some of you know I teach [7:31] history for a living. And so the phrase [7:34] history repeats itself sort of grinds [7:36] our gears cuz it's sort of considered [7:37] overly simplistic. But, uh, if you've [7:40] looked at the nursing home issue in our [7:41] county, it really is a situation where [7:43] history is often repeated itself. Um, I [7:47] watched and read the minutes of the [7:48] November 2018 county council work [7:52] session where specifically issues of the [7:55] nursing home came up then. And I think [7:57] it's long overdue that we're finally [7:59] putting some needed oversight. As one [8:01] person in the community put it, this [8:03] legislation [8:05] is not punishment. It's not overly [8:07] latigious. It's protection. It's [8:10] protection for our seniors. It's [8:12] protection for the staff who put in the [8:14] effort to take care of our most [8:15] vulnerable every day. And more [8:18] importantly, it brings a process forward [8:20] that future councils and future [8:22] executives can work with. So I commend [8:24] the council on making this a priority. I [8:27] want to commend delegate shares sample [8:29] use as well for her efforts and helping [8:31] to guide some of the concepts behind it. [8:34] Uh that being said, I would like to [8:36] point out one specific uh issue that I just thought might merit [8:40] consideration. This is section 49.2 [8:44] section D. Uh it's at the very bottom. [8:47] Uh it says the nursing home director [8:48] shall fully cooperate and provide all [8:50] reasonable information requested by the [8:52] Wakcomo Nursing Home Commission. I [8:54] absolutely concur. I just think there [8:57] has to be some specificity as a timeline [8:59] for cooperating with requests because [9:02] the concern that I have is that in the [9:05] future if there are issues it might be a [9:08] situation where information is is just [9:10] slow walked where it's not given [9:12] priority and they use that as a loophole [9:15] to not comply. So, I think that merits [9:18] some slight consideration. Um, that [9:20] being said, again, I want to thank the [9:24] community for helping guide the [9:26] conversation in this. Many of us came [9:28] out several days ago uh to the First [9:31] Baptist Church. And the overwhelming [9:33] consensus in our county, I believe, is [9:36] to move forward with this necessary [9:38] protection. It will have longstanding [9:41] positive impact, I believe, on our [9:42] community and our senior citizens. And [9:45] honestly, I don't understand why anyone [9:48] would be against basic transparency and [9:51] us as citizens through the council and [9:53] the public having more oversight. I [9:55] think it's win-win for everybody and I [9:57] look forward to seeing it be [9:59] implemented. Thank you so much. [10:02] [clears throat] [10:07] » Good morning, Wendy Catlin, a resident [10:09] of Wcomo County. I've been thinking back [10:12] over the past six weeks of whatifs and [10:15] how things may have turned out after [10:18] concerns were brought forth with [10:20] reference to the Wakcomo nursing unit. [10:23] What if our county executive had said, [10:25] "I've heard your concerns and I will [10:27] look into the matter." That didn't [10:30] happen. The very next day, August 5th, [10:32] she made a statement to the Baltimore [10:34] Sun and I quote, "The nursing home has [10:37] become a talking point in local [10:38] politics." Now, I was at the August 4th [10:41] council meeting, and what I heard was [10:44] one person after another talk of how the [10:46] new administrator had come in and turned [10:48] the place upside down. Everything they [10:51] were doing was wrong. Everything the [10:53] past administrator had done was wrong, [10:55] and how she was going to straighten it [10:57] all out. I heard concerns of being short [11:00] staffed and how this potentially could [11:02] and would affect the precious souls who [11:04] live there. I heard of intimidation and [11:08] I heard of resignations and yes some [11:10] terminations. [11:12] I have thought what if the new [11:13] administrator had come in and said we [11:16] will all work together to keep Wcomaka [11:18] nursing home the number one long-term [11:21] care facility in Salsbury and the lower [11:23] eastern shore of Maryland. That didn't [11:26] happen. What if the county executive had [11:29] not sent her two henchmen, Steve Lake [11:32] and Corey Houston, over to the nursing [11:34] home immediately to run interference for [11:37] the new administrator instead of them [11:39] going in and saying, "We are here to [11:41] help rather than belittle, berate, and [11:44] bully the employees on a daily basis." [11:47] One, if not both of them have been there [11:50] almost every day since this began. I [11:52] have a question. If this administrator [11:55] is so highly qualified and doing amazing [11:58] things, then how come she needs to have [12:00] someone there holding her hand every [12:02] day? What if at her press conference, [12:04] the county executive and Mr. Leaken had [12:07] said, "We have looked at the financials [12:09] and realized there is a huge amount of [12:11] money due the nursing home and know this [12:14] has been an issue since it was raised at [12:17] the November 20th, 2018 council meeting [12:20] and several times since. and we are here [12:23] to help the Wcoma nursing home try and [12:26] recoup some of this. No, that didn't [12:28] happen. Instead, it was statement after [12:31] statement of what a terrible job the [12:32] past administrator had done. I might [12:34] add, since then, the past administrator [12:37] has been continuously drugged through [12:39] the mud, [clears throat] and she doesn't [12:40] deserve that. See, if no one has tried [12:43] to do anything about it since 2018, then [12:46] why is it so important now? [12:48] What if at the town hall meeting the new [12:50] administrator who was invited to attend [12:53] had come and tried to answer some [12:55] questions or talk of concerns the [12:57] community had instead of leaving the [12:59] county executive to face the many many [13:01] people in attendance? [clears throat] [13:04] What if employee resignations stopped [13:06] these past six weeks instead of [13:09] continuing, which they are a lot of [13:12] whatifs, but the one that strikes or [13:15] sticks out the most is what if the [13:17] county executive had not hired the only [13:19] one who applied for the administrative [13:21] position? Would this chaos not be upon [13:24] us? I want to quote what our county [13:26] executive said at the town hall meeting. [13:29] The good news is we all want what's [13:31] best. We all need to get in the same [13:33] boat and grow together. That's what we [13:35] need to do. Look around. [13:39] This is the boat. There's always room [13:41] for one more. [13:43] >> What if you come and get on the boat? [13:46] Good old Dr. Phil says, "For every [13:49] conflict, someone needs to be a hero. [13:52] Who's going to be the hero for the Wcoma [13:55] nursing home?" Thank you. Thank you. [14:02] » [cough] [14:02] [clears throat] [14:06] » Good morning. My name is Joe White, [14:08] Wakamako County. Uh, I'm here today to [14:11] support the emergency legislation, not [14:13] in its entirety, but in the fact that [14:15] you're here to to pass this today. There [14:17] are some things I' I'd like for you to [14:19] consider as you're about to go through [14:21] your your public deliberations. And one [14:24] amendment I'd like for you to consider. [14:27] The nursing home emergency legislation [14:29] should be about several items and we [14:31] need to make sure we don't lose sight of [14:33] this. We need to protect the residents [14:35] who call it home now and in the near [14:38] future. We do need to protect the county [14:41] taxpayers from the liability, the [14:44] lawsuits. It can come from a lot of [14:47] areas. We've we've heard possibly from [14:49] patients, possibly from the director [14:51] herself. We heard that from the county [14:52] executive. We need to make sure that the [14:55] county taxpayers are are not stepping [14:57] into a quagmire. [15:00] We also have heard from the de deputy [15:03] director of administration that there is [15:05] financial concerns and referencing as [15:08] some other folks have as well the 2018 [15:11] council meeting from November. There [15:13] were there was a loan made back at that [15:15] time that has still not been paid back. [15:17] We do need to be accountable to the [15:19] taxpayers of how we're going to approach [15:22] the the nursing home. I thought Dr. [15:24] Venosa actually brought up a good point. [15:26] If you're going to talk about audits, [15:28] there needs to be timelines. We've we've [15:30] seen this in last two years. So, [15:33] although that wasn't something that I [15:35] was considering, I thought that that was [15:36] an excellent point. The one that I [15:39] wanted to talk about was 49.2, which Mr. [15:41] Atkins brought up and he had an [15:43] interesting perspective that I hadn't [15:45] thought of, [15:46] >> but I don't think the county council [15:48] should blanket have the ability to fire [15:52] the nursing home director simply with a [15:54] 5 to2 vote. I think that's a precedent [15:56] that's not there now, although maybe [15:59] should be considered in the future, but [16:01] it's not there for any other department. [16:03] But if there is a commission and it was [16:06] agreed back in 2018 there should be a [16:08] commission and I've heard the county [16:09] executive support having a commission [16:12] and the commission much like the [16:13] planning and zoning may may want to do [16:16] something then I do think it should be considered. I thought Mr. [16:19] Atkins had an excellent point. [16:21] The other thing from 2018 [16:25] that was brought up at that at that [16:27] meeting, that work session was about [16:29] modernizing the nursing home. And from a [16:31] business standpoint, if you're going to [16:33] have something that could be an asset or [16:35] a liability, and in 8 years, we've not [16:38] had a comprehensive plan to update it or [16:40] turn part of it into an assisted living [16:42] facility. Why? We're looking at [16:45] there only being 2/3 of the bids taken. [16:48] When my grandmother was there years ago, [16:50] this where she wanted to go, she had to [16:52] wait for a bed. So, if this was a [16:55] restaurant, we'd be asking, why aren't [16:57] we filling up all the tables? So, I do [16:59] think we need to consider that. So, [17:01] please consider removing that one line [17:02] for 49.2. Maybe making Mr. Atkins [17:05] adjustment would be good. Thanks, [17:10] >> Mr. White. [17:13] >> My name is Jackie Thomas. [17:18] And uh I've been going to the nursing [17:20] home for a while cuz Miss Jean Morris is [17:24] in there. Um I think that [17:29] we should grow up and work together cuz [17:34] the whole town is against each other. We know we got people in there. I've [17:40] been going there for a while and [17:44] like they said it was short-handed. [17:46] It wasn't clean like it should be and I [17:51] guess somebody decided to change it [17:54] which it should have been changed. [17:56] I don't get on the bandwagon. I've been [17:59] going in there every day watching stuff [18:02] and it smells better, the food is [18:06] better. And um like I said, we got our [18:08] own that was in the streets. Miss Jean [18:11] Morris is in there. But I don't see [18:15] nobody really, [18:17] you know, going to see her. But I go see [18:20] her. Check the roster. I've been in [18:22] there. [18:24] But I'm just saying, [18:26] you can't change. The lady can't change [18:29] overnight. Just like it didn't change [18:31] from the past. That should have been [18:34] taken care of long before we fighting [18:37] each other in the streets. Cuz that's [18:39] what we're doing. We fighting each other [18:41] in the streets. We people that don't [18:44] even know what's really going on should [18:46] go visit the nursing home. They should [18:49] have visited a long time ago cuz I made [18:51] complaints about the bathroom and Miss [18:54] Jean's room wasn't clean. I did that. I [18:58] did that. And when I looked, the woman [19:01] came right in and cleaned it. But I'm [19:03] just saying, stop listening to [19:06] everything. Go visit yourself. Make a [19:09] decision on yourself. Don't listen to [19:12] all this hearsay stuff. Go visit the [19:15] nursing home and when you see something [19:17] wrong, write it down and report it. [19:19] Don't just pile on. Do it yourself like [19:23] I'm doing. I've been in there since this [19:25] happened almost every other day, [19:27] checking, watching, seeing what's going [19:30] on. Y'all got to do it yourself. We keep [19:33] going by hearsay stuff. We the nursing [19:37] home is important to black and whites [19:40] and we want it to be [19:43] correct. And I know I work for a [19:46] facility at Maple Shade. People if you [19:50] if a person got a scratch or anything, [19:53] we had to write up a report and it had [19:55] to go up to the state. I don't know [19:57] what's the state doing. I don't know. I [20:00] can't say what they didn't do right or [20:01] what they did do right. But I don't [20:04] think the state was involved as much as [20:06] they should have been because if it was, [20:10] we shouldn't have had to go through [20:11] this. It [clears throat] it got people [20:14] complaining and and people talking stuff [20:16] they don't even know. [20:19] So what I'm saying, we got to get [20:23] together, make this Sbury Nursing Home [20:27] the best place, cuz it is a good place. [20:29] It is. We just can't tear it down [20:32] because I've been in there a lot and I [20:34] know the first people in there and I [20:37] know the second people in there now. [20:40] You know, we can't make decisions [20:42] because we don't know what's going on. [20:45] And that's we as a community go in there [20:48] and see for yourself. Everybody got [20:50] different opinion. [20:52] >> I'm not giving them a a thing yet. [20:56] >> Thank you. [20:56] >> I'm not giving them a a pass yet. I'm [20:59] just watching and seeing and taking [21:02] notes. [21:04] >> Mr. President, [21:06] >> yes. [21:07] >> I need for them to stop and not mention [21:10] anybody any patient name in that nursing [21:13] home for a hippo violation. [21:15] >> There's a point of order that no no uh [21:17] patients name should be mentioned [21:20] >> during these comments. [21:22] >> So, we appreciate that. Thank you very [21:23] much. [21:25] >> Lord have mercy. [21:26] >> You should have said that. [21:27] >> Excuse me. Thank you. [21:32] » Um, good morning. Good morning, council. [21:34] My name is Monica Brooks, president of [21:36] Wakamako County NAACP and also a [21:39] resident of of course of Wakamako [21:40] County. Um, I do agree that we need to [21:44] make this plan comprehensively that um, [21:47] this is for the betterment of all of our [21:49] community and everyone should be um, um, [21:52] encouraged to to um, support. Um I also [21:57] am a longtime person who has spent not [22:00] only at Wakcom nursing home but Genesis [22:03] um Berlin Nursing Home to go in person [22:07] um to see things um for myself but for [22:10] NAACP. [22:11] This matter came to our attention um [22:14] some some ideas and complaints about [22:16] wanting more staffing and um as well as [22:21] structural changes and that was back in [22:23] March which we brought forth to the [22:24] council. Um I mentioned before that we [22:27] were told wait for the new administrator [22:28] to come in etc etc. But um [22:35] from what was mentioned and um that and [22:39] what I've seen here um this nursing home [22:42] has never never been a priority um for [22:45] the county executive and who has now had [22:48] their deputy administrator in there or [22:51] their HR person almost every day which I [22:54] don't know what their role is in there. [22:55] They're not administrators. [22:57] So [23:00] I want to make one thing clear. [23:03] It is very easy for people to dismiss [23:06] important matters especially as they [23:07] relate to the vulnerable populations as [23:10] political. [23:12] There is absolutely nothing political [23:14] about this. [23:16] I know certain names were mentioned, [23:19] Councilwoman Shields, um, Delegate [23:21] Sample Hughes, who actually have family [23:24] members there. [23:27] And let's also be clear, they are not [23:30] they do not have opponents in their [23:31] race. They've already won. So, what are [23:33] they gaining politically for this? It is [23:37] their job and their duty to protect the [23:39] vulnerable, to protect all citizens, and [23:42] do the greatest good for all people. So [23:45] to dismiss them and talk about them and [23:48] label it political is tacky, childish, [23:51] and inappropriate. [23:54] It is true [23:56] that the administrator [23:58] should have been there to answer for [24:00] themselves and they were not and I blame [24:03] the county executive for that because [24:06] that is her employee. [24:08] Since this administrator, we've talked [24:10] about more than 14 people are gone and [24:13] some more are leaving. [24:16] This is a pattern that we have seen [24:19] talking about unqualified people being [24:21] hired in the county. We brought that up [24:23] to the county council meetings as well. [24:26] We were told to give names and have [24:29] people come to the HR to say who they [24:31] are. Well, look what happens when people [24:33] say something. They are being [24:35] terrorized, put down, talked about, told [24:37] get on board or get out at the nursing [24:39] home. So why would anybody else in the [24:41] county want to come forward and file the [24:43] complaints that they have? Because they [24:45] are not going to be received well. [24:46] They're going to be retaliated against [24:48] and we are going to make sure that those [24:50] people are held accountable for doing [24:51] that. [24:58] » Brooks. [24:58] >> Hi, my name is Helina Fleming. Um, my [25:01] mother's name was just mentioned, so I'm here. I'm giving you permission [25:06] since her name has already been [25:07] mentioned. My brother and I are there [25:09] almost every day at the nursing home, [25:12] one or the other one of us. Um, and [25:16] we [25:18] have seen no issues other than normal [25:20] issues with the nursing home. I've had [25:22] my grandmother and my grid and my father [25:25] at another nursing home. and why comical [25:27] nursing home is far above and beyond [25:30] what we went through with those two in [25:33] other nursing homes. [25:36] I'd like to [25:39] ask that when whatever you do and [25:42] however you do it that the patients [25:46] family members are involved somehow in [25:49] the decisions that you make going [25:50] forward after this emergency legislation [25:53] is passed if it's passed. I think that [25:57] most of the concern about the nurses [25:59] home should have come from the families. [26:03] I don't understand why [26:06] we needed a new administrator to point [26:08] out anything. I've been there for [26:10] breakfast. I've been there for lunch. [26:11] I've been there for dinner. And I don't [26:14] have any issues with that. Um certainly [26:17] this nursing home can use improvements. [26:20] All of them can. It can use [26:22] improvements. And I hope that out of [26:24] this this is not a political or whatever [26:28] thing where it's just us against them. I [26:32] hope in the end at the end of this [26:35] that the nursing home gets the [26:37] improvements, the new systems, the new [26:39] protocols, the new rules, whatever it [26:41] needs to improve. Um I'd also like to [26:45] say as a person who's been in management [26:48] um for a lot of years that firing people [26:51] is one of the laziest forms of [26:54] management. Anybody can come in and [26:57] point at people and say that they're not [26:59] doing their job, you're not doing this, [27:01] you're not doing that. A good manager [27:03] comes in and they motivate. They change [27:05] procedures. They change systems. They [27:08] change things and they include the [27:10] people that they've invested in and the [27:12] people that have invested in them. So, I [27:15] hope that we consider all of that when [27:19] we're making this decision. Um, I don't [27:22] know the lady, the new administrator. I [27:24] just know her in from passing and by [27:27] sight and so I don't know her personally [27:30] but I do know what a manager is supposed [27:32] to do and what she's doing over there is [27:35] not what you're supposed to do as a [27:36] manager. Um so moving forward I hope you [27:41] guys will keep in mind the patients and [27:43] the families at the nur that have people [27:45] at the nursing home and consider us when [27:48] you make your decisions. Thank you. [27:50] >> Thank you. [27:57] Hi, council. Um, Lana Foley, county [28:00] resident, city resident. Um, I just [28:02] wanted to piggyback on that. It was [28:04] [snorts] something that I was waiting to [28:05] see if anybody else brought up. Um, I [28:08] know it's nice to have a nice little [28:10] package of seven members of a council or [28:12] a commission. Um, but if there needs to [28:15] be eight or nine, I think it is [28:17] important to make sure all people that [28:19] really should be in the decision-m are [28:21] included. [28:23] I think that it should be maybe [28:25] considered to have some sort of wording [28:28] and maybe because you're expecting you [28:31] can't really expect people to pull this [28:33] together, but maybe having an if [28:35] available [28:37] um a member from [28:41] a group that maybe the nursing home [28:44] organizes that is visitors, families, [28:46] volunteers that they can get together, [28:49] which would be something that they would [28:50] need to put together on their own. Um, [28:53] but somehow having some sort of wording [28:55] that if available, that way it's not [28:58] something that's a yes or no that they [29:00] have to have that put into place, but if [29:02] they want to be involved in the decision [29:04] making, that that's an option. That's [29:06] it. [29:06] >> Thank you, M. [29:21] Good morning. My name is Mary Ashanti [29:24] and I thank God for the opportunity to [29:26] be here and um appreciate the the [29:30] council uh giving us the opportunity to [29:34] speak. Uh one of the things that I would [29:36] like to have happen after this uh the [29:39] passing of this uh emergency act is to [29:44] at the next meeting which is an evening [29:46] meeting have the administrator to come [29:50] before this body and and uh enlighten us [29:54] about all the changes that have been [29:56] made [29:58] uh because there's been a lot of change [29:59] that have been made. families don't know [30:03] uh who's doing what what's outsourced [30:07] and all of that kind of stuff. And um [30:11] since the new administrator, I don't see [30:13] any better service uh and whatever. My [30:17] mother was one of those people that the [30:20] inspector cited as the nursing home [30:23] being non-compliant. [30:25] Those things haven't been completely [30:27] corrected yet. [30:29] So, um there is a new director of [30:33] nursing trying to give her enough time [30:35] to um [30:39] get things um addressed what was what [30:42] was seen wrong by the inspectors. [30:47] Um, I I just had a person that as a [30:51] volunteer, I'm not going to call her [30:53] name, but she comes to the nursing home [30:56] twice a week. My mother [31:00] is one of the people that she sees and [31:03] there are others. She comes and they [31:06] look for her. I know that um on a [31:10] Thursday my mother looks for her. I'm [31:13] just being told by her that she is not [31:16] one there [31:19] and it's made uh clear. So [31:24] I would like for after this uh emergency [31:27] act [31:29] that some of the harassment that's going [31:31] on is cease and desist. [31:35] There's no need for anyone all these [31:39] people to be coming over there now. They [31:41] made their point [31:44] uh very very clear. We're not ignorant. [31:47] We know that it's harassment. So, we [31:50] need for them to cease and assist. [31:53] Thank you. [applause] [31:58] » Thank you, Mr. Shanti. [32:06] » Good morning. I'm delegate Shereice [32:08] Ample Hughes. first and foremost like to [32:10] say thank you to the county council for [32:13] um taking up this emergency legislation [32:15] and making sure it was an emergency [32:17] because it is an emergency. Um contrary [32:20] to some people's beliefs and thoughts um [32:23] no establishment should have to um have [32:26] a exit of about 17 18 people within 3 [32:31] months. It's just it's unheard of in [32:34] some cases. Um but what I would like to [32:36] say this morning is um the uh statement [32:40] has been made about whether or not the [32:41] state has been involved. Yes, the state [32:43] has involved. The office of healthcare [32:44] quality they conducted their assessment [32:47] came and did invest in investigations [32:49] and there are some deficiencies and yes [32:52] they need to be resolved and there will [32:53] be a timeline. The state will come back [32:55] and conduct those assessments and see if [32:57] they've been improved. Also the [32:59] department of labor was contacted by an [33:01] employee due to some health um [33:04] occupational hazards that were taking [33:06] place so that individual could do their [33:08] job properly. So those things have been [33:10] underway. Also the um administrator um [33:14] licensing board has been contacted to [33:16] discuss the concerns of the [33:18] administrator. So the statement in [33:20] question may have been where's the state [33:23] to this extent and to my knowledge this [33:25] is where and where they are and um the [33:27] county should have copies of that [33:29] information if not it should be [33:31] forthcoming. The other item I wanted to [33:33] just share with you is that um the exit [33:37] of employees um again it is [33:39] heartbreaking because just on Sunday um [33:42] the activities coordinator she sat and [33:44] cried and I I didn't speak about this [33:46] issue at all while I was visiting my [33:48] mother. We were in the cafeteria, but [33:50] she came to me and she said, "I'm sorry. [33:51] I have to do this, but I have to leave. [33:53] because this environment [33:55] is toxic and I can no longer be here." [33:57] And my last day is October the 8th. [33:59] Beautiful woman. Been there 18 years. [34:01] And you know, no, how I know she's [34:02] beautiful because she could just see it [34:04] genuinely from her conversation. But [34:07] even more so, this is why it hurts me to [34:08] my heart because my mother and this [34:11] woman employee, they reference [34:13] themselves as sisters. One's born on [34:15] Octo, excuse me, August the 14th and the [34:18] other one's born on August the 15th and [34:20] they've just had that relationship since [34:22] day one since my mother's been in there. [34:24] So those relationships are real. Um and [34:27] so I just wanted to highlight that the [34:30] um in closing what I will share with you [34:32] is this. Um this is not political for [34:35] me. If I if I stop being a legislator [34:37] today, you know, so be it. I'm still [34:40] going to be shar Hughes and I'm still [34:42] going to be the mother. I'm going to be [34:43] the daughter. I'm gonna be the sister [34:44] and all that of persons that I love and [34:46] I'm going to make sure my community [34:47] still and I have been even before I [34:49] became an elected official. Um I used to [34:51] go to a nurse home when I was a [34:52] teenager. That's just what we did with [34:54] the American Legion Auxiliary. So it's [34:56] in my blood. It's in my it's in my skin. [34:58] So the county executive, she can [34:59] continue to talk about me all she wants. [35:01] It really has done nothing for me but [35:03] given me more energy and fuel to keep [35:05] fighting for what I've been fighting [35:06] for. And I wish and I know it was stated [35:08] by a citizen. I wish he had come to the [35:11] table as a humble servant and say, "Hey, [35:14] let me understand. Let me understand [35:15] where we are and let's work together." I [35:18] will work with anyone. I deal with [35:19] opposition every day, all day in the in [35:21] the House of Delegates and I work with [35:22] people. So, um, just last thing, I know [35:26] my time is up. I'll be respectful. Um, I [35:28] was looking at the legislation and in [35:30] 49.5 [35:32] it talks about the membership and 49.6 [35:36] about talks about terms, vacancies, and [35:38] removals. And in letter A, it says the [35:40] family member commissioner. And I [35:42] haven't been able to find that in 49.5 [35:45] section of where a family member [35:47] commissioner will be a part of the [35:49] membership. Um, if that is going to [35:52] happen, that would be great. I know that [35:54] was one of my suggestions. And if I'm [35:56] reading this incorrectly, my apologies, [35:57] but I did see that. And I just wanted to [35:59] know if the family member commissioner [36:01] was going to be a part of this body or [36:04] this commission because it does uh bode [36:06] well to have the experience and the [36:08] knowledge from someone who is a family [36:10] member uh to be a part of this along [36:12] with those professionals. So, thank you [36:13] again for your time and I'd like to [36:15] thank the community again for standing [36:17] up, speaking out and they know they're [36:19] real, they're people, they're here and [36:21] they just want the support of this body [36:23] and everybody else who has the capacity [36:24] to help. Thank you. [36:28] >> [applause] [36:30] » Thank you, Delegate Sample Hughes. [36:37] » Good morning, Dolores Jones Peters, um [36:40] citizen of Wakcoma County. Uh the letter [36:43] that I'm about to read is not uh one of [36:46] my own. However, because of the um [36:49] toxicity, this person would remain [36:51] anonymous. I am a current employee at [36:55] Wakama Nursing Home and an emergency [36:57] legislation to form an established [36:59] commission is most definitely needed at [37:02] this time. Steve Lankin state at a [37:04] morning meeting with department heads [37:06] only that we employees are going to open [37:09] up Pandora's box and we do at the end of [37:12] the day will be hurtful for you and the [37:14] residents. Tina is not going anywhere. [37:17] Tina, myself, and Corey are still going [37:19] to be here and the executive. The [37:22] employees are blowing it all up. [37:24] Everything can be fixed. Let's talk [37:26] about it. I'm not saying decisions will [37:28] be made by a group collectively. The [37:30] reason an established commission is [37:34] needed. Corey County HR was present at [37:36] the same morning meeting and stated, "If [37:38] we employees continue what we're doing, [37:40] the state will come up here, come up [37:43] here with body cameras and guns and [37:45] interview every resident. If they're not [37:48] shook now, they will be even more scared [37:50] then and we employees have opened a [37:54] Pandora box. We better be prepared." [37:57] Reason and established commission is [37:59] needed. Geanna unpaid internship with [38:02] Tina stated entitled employees. You need [38:06] to come here to work and not be babies. [38:08] Spoiled brats. Reason an established [38:12] commission is needed. Tina Fosky being [38:15] the new administrator in in it itself is [38:18] not the issue. Tina Fier has been [38:20] administrator in other facilities as we [38:22] all know. She did not hold her position [38:24] for long in any of facilities but has [38:27] worked in previously. [38:29] As of April the 1st, 2026, her average [38:32] rating as administrator in a one-star [38:36] facility, 125 deficiencies, one flag [38:40] with abuse, and $160,325 [38:44] in fines. I will leave that there. Tina [38:47] has worked as a respiratory therapist in [38:49] the state of Delaware and at the [38:51] facility she worked at during CO no [38:53] fatalities occurred related to CO that [38:56] is quite impressive. Tina knows the [38:59] requirements of being the a director [39:01] administrator of a facility [39:04] nursing home is an antid of the county. [39:06] Tina called the county for assistance [39:08] because she needed help. The county [39:10] mainly Steven Corey along with Julie [39:12] Jordiano has been involved since Tina [39:15] stepped in. If Tina cannot handle her [39:17] job as previous administrators have in [39:19] the past, what makes her certified and [39:21] competent to do her job [39:24] if she needs Corey County HR who is [39:28] being paid by the taxpayers to do county [39:30] related duties? [39:32] Is being a nursing home administrator a [39:34] twoperson job? A reason an established [39:38] commission is needed. [39:40] Tina Foski does not engage with [39:42] employees or the residents as uh Corey [39:44] and Julie and Steve portray. And I say [39:47] this because the residents of our count [39:50] our priority are our priority. Not just [39:53] the alert and the oriented ones. It [39:55] includes the ones who have dementia, the [39:57] ones who have no family to visit, the [39:59] ones who come for rehab. Tina has [40:01] singled out two residents in particular. [40:03] Resident number one has been frequently [40:05] visited by Tina since that first county [40:07] council meeting that was held. Not only [40:09] did does Tina sit and chat with her on a [40:11] regular basis, so does Corey. Do I know [40:14] personally what is being said? No, I do [40:16] not. I can tell you this though. Tina [40:18] and Corey sat in conference one evening [40:20] eating crafts. The fact that this [40:22] resident is also the president of the of [40:24] the resident council, a council to give [40:27] residents an independent organized voice [40:29] to share concerns suggest facility [40:32] improvements and plan social activities [40:34] would lead one to believe some sort of [40:36] manipulation was taking place because [40:39] the time is up. I want to go on to say [40:41] we need to be the voice for the ones who [40:43] are silent, the ones who show up for [40:45] every day. We need the consistency. We [40:46] the need the uh continuity. We need to [40:49] advocate for our residents and family. [40:51] This is not never should have been [40:52] political. This has always been a fight [40:54] for the resident, a fight to keep a [40:56] comical nursing home for the residents. [40:58] I also would like to include a few other [41:00] favoritisms which I will not read at [41:02] this time. However, I do have copies for [41:04] each one of our council members. The [41:06] fact belongs to the people as the county [41:08] executive stated and that is why one [41:11] person should not be making decisions. [41:13] We need an established commission formed [41:15] to provide continuity of care, continued [41:18] oversight and accountability when [41:20] decisions decisions, excuse me, are [41:22] being made about our most vulnerable [41:24] members of the community. Our residents [41:26] deserve respect, dignity, and the [41:29] security. Thank you. [41:31] >> Thanks, Peters. [41:43] the public comments. [41:50] Good morning. Mike Goldberg, WC Comico. [41:52] I'll be very brief. Um, here we are in [41:55] the midst of an official public hearing [41:59] for the nursing home. Conspicuously [42:01] absent. [42:03] It's the county executive and the [42:05] administrator for the nursing home. This [42:08] is not the first time that one or the [42:11] other or both have been absent when uh [42:15] there is important critical issues that [42:18] are being discussed by this council. [42:21] Missing an action. Julie Gardano. [42:23] Missing an action. Tina Fosski. Thank [42:26] you. [42:28] [applause] [42:42] Steven Lake, assistant director of [42:44] administration. Uh before I get into my [42:46] remarks, I just want to say it's not [42:48] surprising that the character [42:50] assassination has been ramped up. Uh it [42:54] just [42:55] when you can't argue the facts or [42:57] disprove the facts, you move to [42:59] discredit people. And that's exactly [43:01] what's going on today. It's pure and [43:04] simple. It's character assassination. [43:06] Just what some of you have done to Tina [43:08] Fosski. There is no emergency at the [43:11] Wcomo Nursing Home. Yet, this council is [43:14] poised to pass emergency legislation. [43:17] The nursing home administrator walked [43:18] into a situation that by any measure is [43:21] dysfunctional. She uncovered [43:23] deficiencies that were hidden from plain [43:25] view and swept under the carpet for [43:27] years. She brought these issues to the [43:30] attention of the administration and took [43:33] swift and decisive action to remedy [43:35] them. This is what competent and [43:38] responsible management looks like. And [43:40] each and every action she has taken is [43:43] in the best interest of the Wcomo [43:46] Nursing Home, its employees, and above [43:49] all residents of and their families. [43:52] From the day this became a public [43:54] manner, our administration has [43:56] repeatedly documented that each and [43:58] every public accusation directed at Tina [44:00] Fosski is unfounded. Nevertheless, you [44:03] proceed full steam ahead as if we have [44:05] never disproven the false accusations, [44:08] including those that have been made [44:09] today. And you've inserted yourselves [44:12] into a matter that according to the [44:14] Department of Law, you likely have no [44:16] legal standing. Worse yet, you've [44:18] rebuffed our overtures to meet with you [44:20] privately to discuss these matters. And [44:23] a majority of you have not even set foot [44:25] in the nursing home since Tina has been [44:27] administrator, which is substantiated by [44:30] the visitor logs. As far as this [44:33] legislation is concerned, we support the [44:35] concept of an advisory board. In fact, [44:37] the executive recommended this idea the [44:39] delegate sample used before she penned [44:41] her letter to council. But we should [44:43] take the appropriate time to identify [44:45] and vet individuals for this these [44:48] important positions and not rush to meet [44:51] some arbitrary contrived deadline. [44:53] Emergency legislation should be reserved [44:56] for actual emergencies. We especially [44:58] take exception with the provision to [45:00] terminate the nursing home administrator [45:02] by a 5 to2 vote to advocate for her [45:05] removal. And to be clear, this is [45:07] exactly what you're doing. It's a vote [45:10] to advocate for the status quo. A status [45:13] quo of uneven care that existed long [45:15] before Tina Fosausky set foot in the [45:17] Wiccomo nursing home. A status quo that [45:20] enables past due accounts to acrue to [45:23] $2.3 million with no attempt to collect [45:26] these debts. A status quo that enables [45:28] the state for years to repeatedly site [45:31] and find the nursing home for resident [45:34] and medical care deficiencies. A status [45:36] quo that enables substandard facilities [45:39] maintenance and necessitates the county [45:41] to step in and pay for items like roofs, [45:43] generators, and HVA systems. A status [45:47] quo that hides the fact that staff [45:48] turnover was considerably higher during [45:51] the past administrations. Tina Fosski [45:54] didn't create these problems, but [45:56] because she's running the facility by [45:58] the book and holding employees [46:00] accountable, disgruntled individuals, [46:02] some members of the public of this and [46:04] this body are proclaiming based entirely [46:06] on hearsay that Tina is the problem. [46:09] Where's the righteous indignation before [46:11] Tina Foley was the administrator? We've [46:14] proven again and again these issues have [46:16] existed for years that none of this [46:18] seems to matter. It doesn't matter that [46:21] the former administrator kept this [46:22] information from the executive, kept it [46:25] from the council, and kept it from the [46:27] public. It doesn't seem to matter that [46:29] statemandated nursing care standards [46:31] were not being adhered to. It doesn't [46:34] seem to matter that the nursing home has [46:35] been cited and fined by the state for [46:38] many, many years. All that seems to [46:41] matter is maintaining a family [46:43] atmosphere and making sure grandma, [46:45] grandpa, mom and dad, and others are [46:47] greeted by familiar faces. Like, can you [46:49] hurry up? [46:50] >> The facts are the facts. Everything else [46:52] is fiction. The narrative that [46:54] everything is just fine before Tina [46:56] Fosski arrived is an illusion. It's time [46:59] to acknowledge that Tina Fosski is not [47:01] the problem and the init and the issues [47:03] that she's working to remedy have [47:05] nothing to do with her management. You [47:07] know, and we know these problems existed [47:10] long before she arrived on the scene, [47:12] and it's time to support her in her [47:14] quest to address them rather than make [47:16] her the scapegoat for these [47:18] long-standing deficiencies. [47:28] » She didn't know it was going to be [47:29] exciting out there. Sorry about that. [47:31] Um, I just wanted to say that, um, we [47:33] all agree on many parts of this bill. We [47:36] agree on the advisory board. Excuse me. [47:38] >> You won't identify yourself. [47:40] >> Oh, I'm sorry. County Executive Julie [47:41] Gerardano. Thank you, Mr. Atkins. [47:44] >> Um, so we agree on many parts of this [47:45] bill. We agree on the advisory board. We [47:48] agree on the nursing or that the nursing [47:49] home needs to work with the board and [47:51] that the board should meet once a month. [47:53] We agree that any future administrator [47:55] should go through the executive [47:56] appointment and council confirmation. [47:58] The county executive creating a [48:01] personnel system by November 17th is a [48:03] bit of a steep ask. However, the good [48:05] news is that they already have a system [48:06] in place that is being used and not to [48:08] mention the state and federal uh [48:10] regulations that they must follow. But [48:12] my two biggest concerns and they've been [48:14] actually brought up here is that uh [48:16] number one, this council being able to [48:17] terminate the administrator with just a [48:19] 5 to2 vote with no checks and balances [48:22] that violates our charter. And I'm [48:23] asking that the council amend uh that [48:26] part of the bill. And number two, just a [48:29] quick question and I'm hoping in your [48:30] discussions that you're able to answer [48:32] this. Uh there's a part of the bill that [48:34] I had some questions about. Wakamako [48:36] County shall hold and operate the [48:38] Wakamako nursing home because this [48:41] raises some questions. If the county [48:43] operates the nursing home, who is [48:45] legally the operator? The nursing home [48:47] entity, the county executive, the county [48:49] administration, or the county government [48:51] collectively? Does that language affect [48:54] who is considered the employer of the [48:56] nursing home employees? Does it affect [48:58] county responsibility for contracts, [49:01] procurement, personnel decisions, [49:03] insurance, claims, or liability? Are you [49:05] willing to take that on? Does it affect [49:08] whether the nursing home employees [49:09] become subject to county personnel [49:11] policies? Does it affect whether the [49:13] nursing home revenues and expenditures [49:15] now become county governmental funds? [49:18] Does it affect the nursing home's [49:19] existing corporate or organizational [49:21] status? Those are questions I would like [49:24] answered before the council enacts this [49:26] legislation because the legal [49:28] consequences of declaring that the [49:30] county shall operate the county shall [49:32] operate a licensed healthc care facility [49:35] could extend beyond what the council [49:37] says it intends. A stronger way to [49:40] describe this provision. The legislation [49:42] does not merely acknowledge that [49:43] Wakamako County owns the nursing home. [49:46] It affirmatively states that in county [49:48] law that Wakamako County shall operate [49:50] it while simultaneously creating a [49:52] statutory structure governing its [49:54] administrator personnel reporting and [49:56] oversight. If the council contends that [49:59] this does not fundamentally change the [50:00] nursing home's relationship with the [50:02] county government, then council should [50:04] explain exactly what legal effects the [50:06] words shall operate are intended to [50:08] have. We are very concerned about the [50:10] legal ramifications that this bill will [50:12] bring and in hopes that this council [50:14] would not leave a legal mess for the [50:16] next council. If the bill stays as is, [50:18] it has been recommended by the decadel [50:20] long county attorney to veto this bill. [50:23] So, I really hope that you are willing [50:24] to make those changes, especially the 5 [50:26] to2 removal. Um, and if you could [50:28] explain to the public what exactly it [50:31] means when we are taking over the [50:32] operational aspect. Thank you. [50:35] >> Thank you very much. [50:38] Any other public comments? [50:45] That concludes uh public comments for uh [50:47] legislative bill 2026-11. [50:51] Entertain a motion from council to [50:53] approve. Oh, I'm sorry. Sorry. [50:54] [clears throat] Legislative bill. Yeah. [50:56] 11. Uh entertain a motion from council [50:58] to approve legislative bill 202611. [51:01] >> So moved. [51:01] >> Second. [51:02] >> Any discussion? [51:04] I do know that um there are some um [51:09] I know there are some uh proposed [51:11] amendments that the council is um [51:14] understands need to be addressed um [51:16] after having discussions with our own [51:18] legal counsel following the introduction [51:20] of the legislative bill. Uh, one of [51:23] those actually I think um uh addresses [51:26] part of the concerns [51:28] uh that were that were addressed or were [51:31] um commented upon at the um at the [51:35] podium earlier, but I'll open the floor [51:37] up for any comments from council [51:39] members. [51:40] Josh, [51:42] I guess I'll just start. I I uh took the [51:45] opportunity to uh to go visit and tour [51:47] the nursing home on Friday with [51:50] Councilman Wyn and um you know it's not [51:54] the first time I've toured or visited [51:55] the facility. Um but I wanted to get [51:58] down dig down a little bit more on you [52:02] know on on the facility itself. So the questions at hand, [52:08] who currently pays the the paychecks of [52:11] the employees [52:13] when that when I asked that question to [52:16] the to the administrator, it was okay. [52:19] Well, this is a nonprofit. [52:23] Well, I still don't know the name of the [52:25] nonprofit. There are I was a former, you [52:28] know, I used to run a statewide [52:30] nonprofit. [52:31] uh a nonprofit [52:33] typically has an executive director [52:37] who then also has a board. So [52:41] the current problem, the current [52:42] challenge is is that the facility does [52:45] not have a board. [52:48] So the question of of uh we're kind of [52:52] in this little this quasi uh this no [52:55] man's land for an organization and this [52:57] is why we've come to this position in [53:00] which case the county owns the facility [53:05] but the nonprofit [53:07] that hasn't had a functioning board. I [53:09] mean, I looked on the I looked up on the [53:10] to see if on the state [snorts] website [53:12] to actually see if they were still a uh [53:14] functioning organization, and the only [53:16] one that I saw listed, which I still [53:17] don't know the name of the nonprofit, [53:18] but the currently the one that I saw [53:19] listed has been defunct for for years. [53:22] So, the question of who actually uh [53:25] who's the board that is running the [53:27] facility? [53:29] Then the other question then is well, [53:31] what is the the county's involvement? [53:34] So, is this fully a county facility [53:36] where this is a county department and we [53:39] own operate a nursing home or is this a [53:43] situation where there's a board the [53:46] county just owns the facility? I say all [53:48] that to get to the point of, you know, I [53:50] asked this question before is uh where [53:52] is the strategic plan for the Wcomo [53:56] Nursing Home and I don't think there is [53:57] one. When was the last time that there [54:00] was a the the Y Comic Nursing Home was [54:04] put into our capital improvement plan, [54:06] our CIP? I I don't can't even remember [54:09] that the facility is clearly dated. Has [54:12] not been I think the last wing uh what [54:15] was it James was 1974 or something like [54:18] that was the last time that that was put [54:20] in. [54:21] >> Um I was born in 1982 and I'm I'm I'm [54:24] turning 44 in a couple in less than a [54:26] month. [54:27] Uh clearly there needs to be dramatic [54:30] upgrades. It's and somebody needs to be [54:33] responsible. The problem here is the [54:34] reason why we've gotten to this point is [54:36] that we are in this no man's land of [54:38] well it's not quite ours and it's not [54:40] quite theirs. So there that's what puts [54:43] forth the leadership gap. What we're [54:45] trying to do here today is uh is to put [54:48] oversight where it should have been for [54:50] a while. There should be a board if [54:52] there if that's once again this this [54:54] gets back to the if there is a board [54:56] then there if there is a nonprofit and [54:58] that's the one that is running and [54:59] operating then there should be a board [55:01] around them. So the county is moving in [55:03] the direction to put forth a basically a [55:06] commission. Now a commission let me mind [55:08] you a commission is not a board [55:11] and uh you know there I think Wcomo [55:13] currently has I was looking up on our [55:14] website we have uh 13 current [55:16] commissions and some of these are just [55:18] advisory commissions. the Commission on [55:20] Aging, you know, the um Commission on [55:21] Women. There's a there's different ones. [55:23] Liquor license board commissioners, [55:24] there's there's different types, but the [55:27] question of well, how many of those [55:29] commissions and well, let me back up. [55:31] Some are actually commissions, some are [55:33] committees, some are, you know, other groups that we have each one of [55:37] these functions in different ways. But [55:39] what we're trying to do here is just to [55:41] put oversight and very quickly put [55:43] oversight into this situation because [55:45] it's needed. But, [55:48] you know, we're only going to a couple [55:49] of us are only here for most of us here [55:51] are only here for a couple more meetings [55:52] and and then there's going to be a new [55:53] county council and maybe a new county [55:55] executive. Uh, but we need to at some [55:59] point in time, we've got to get to the [56:01] point where we clearly understand where [56:03] is this facility going, how is it [56:05] getting there? We need to be able to [56:07] have a specific organization who can [56:09] take state and federal funds to have [56:12] capital improvements. And, you know, [56:14] I've watched it eight years. It looks it [56:16] does look different than it did, you [56:17] know, when I did my first dramatic the [56:19] first big tour when I joined the county [56:21] council 8 years ago, the facility [56:22] definitely looks dated. Uh they the [56:26] staff has been doing an extremely [56:28] incredible job keeping the facility up. [56:31] And yeah, and everyone who ever says, [56:32] "Oh, you never have a smell." That's [56:34] totally true. You've every time I've [56:35] ever been there, including, you know, [56:38] the many visits in between uh when I [56:40] first started, I've never had you never [56:42] had a smell or an issue like that. So, I [56:44] guess I guess I I want to open up and [56:46] just put us all on level set ground as [56:48] to how do we get to where we need to go? [56:51] And that is um you know, is that going [56:54] to be the commission? Are we once again [56:57] taking time to blur two different things [56:59] and is that going to get us to the [57:01] outcome that we want to get? [57:04] I don't know. But at least this is a [57:06] first step and saying, "Hey, we need to [57:08] take action. It needs to we clearly need [57:10] to be able to get write this ship and [57:13] make sure that this gem of a facility [57:16] that we all have loved and respected and [57:18] know people I guarantee most folks even [57:20] you know I know my former neighbors in [57:21] there now and um loved him to death just [57:23] a wonderful human being. I want to make [57:25] sure that all these folks uh and [57:27] including our loved ones who are there [57:29] uh um have the facility that they uh [57:33] that they deserve. And right now with no [57:36] plan in place as to how we are getting [57:38] capital improvements and what that [57:41] operation looks like, uh we're not we're [57:43] doing them an injustice by not by not [57:46] taking action. So uh today we've got a [57:49] series of uh of motions to try to put [57:52] together a commission that'll actually [57:53] advance it. But this is only a step [57:56] forward, but this is not where this is [57:58] not going to get us to where we need to [58:00] go with regard to, you know, getting [58:02] state and federal investment into [58:04] facilities and and to get into and [58:06] getting more public investment into [58:07] this. So, I just want to, Mr. President, [58:10] just wanted to level set just make sure [58:11] everyone understands where we're at. And [58:12] I hope that we can continue to move [58:14] forward and I hope that the new council [58:16] and new if there's another executive [58:17] coming in um that you know that we uh [58:21] whoever is there that we continue to [58:22] move this forward and that we have a [58:24] plan in place and that we can you know [58:26] in 10 and 15 years from now we can look [58:28] and make sure that this is not just a [58:30] four-star facility but a fivestar [58:32] facility. [58:36] » Um [58:37] so thanks everybody for coming out. I've [58:40] got a question and I guess for either [58:42] Paul and Steve maybe both either one of [58:45] you if you want to come forward. [58:47] >> Come forward. [58:48] >> Yeah. [58:48] >> I and I don't know if you can answer it [58:50] but you can relay the message anyway. [58:52] >> Okay. [laughter] [58:57] » So back in 20. [59:00] >> Oh I'm sorry. Yeah. [59:02] >> Paul Wilbur County attorney. [59:04] >> Steve Lake assistant director of [59:05] administration. So, I took the [59:07] opportunity to go back to 2018 and I [59:10] think Paul, you were you were the county [59:12] attorney at the time. [59:14] >> Um, [59:16] and we had that meeting. It was about an [59:18] hour and a half. And, [snorts] um, one [59:21] of the recommendations that came up [59:23] during that meeting was to have a [59:25] committee or a commission. And Wayne [59:27] Straussburg was the [59:30] county administrator at the time. and we [59:32] never took a solid vote on it, but it [59:34] was pretty much a consensus that we [59:37] would have, you know, that they would [59:39] move forward with a commission. Now, a [59:42] lot a lot of things happened at that [59:44] time. Uh, Mr. Culver got ill. Uh, we [59:47] lost him. Um, John Pota came in as the [59:50] intern um, county executive. Um, so I [59:55] guess you can say the ball got dropped [59:57] and nothing moved forward on that. But [1:00:00] when the county executive got elected, [1:00:04] she hired Wayne Straussburg as a [1:00:06] consultant and paid I think it was [1:00:08] $52,000 a year if the information's been [1:00:11] furnished to me correctly. [1:00:14] And you can't answer this question, but [1:00:16] I guess the county exe was this county [1:00:18] executive could was this issue about a [1:00:21] nursing home ever brought up by Mr. [1:00:23] Straussburg [1:00:24] for this $52,000 we paid him as being a [1:00:27] consultant? I mean, I would like that [1:00:30] question. [1:00:31] >> Yeah, we can transfer that question and [1:00:34] ask it, but I don't know. [1:00:35] >> So, there was never any. You don't Mr. [1:00:37] Lincoln, you don't recall. Uh, Mr. [1:00:39] >> Mr. Alway, as you know, I've only been [1:00:41] here 15 months. So, during the time that [1:00:44] I've been here, I have not had that [1:00:46] conversation with Mr. Stman. [1:00:47] >> Yeah. I mean I I would I would think is [1:00:49] hiring as a consultant and paying and I [1:00:52] don't know how many how much that was an [1:00:54] hour but um one of the things that would [1:00:57] have been um [1:01:00] as a consultant that had been the county [1:01:03] uh administrator he would had firsthand [1:01:06] knowledge of all some of the issues that [1:01:08] were going on in the county and that [1:01:10] would have probably come up because [1:01:11] we've heard we've heard about um [1:01:17] I [1:01:18] And I I'm not going to put words in the [1:01:19] county executive's mouth because I don't [1:01:20] know if I heard her say this, but it's [1:01:22] pretty much known that we didn't really [1:01:23] think we had any problems out there. We [1:01:25] thought everything was running along [1:01:26] pretty good until, you know, I guess we [1:01:29] had change in leadership. And so anyway, [1:01:33] um [1:01:33] >> may I address that for a minute? Sure. [1:01:35] So the reason that we have not reported [1:01:38] any problems is because no problems were [1:01:40] ever made known to the administration [1:01:43] and and contrary to the assertions of [1:01:45] some uh the administration did meet with [1:01:48] the former administrator on a quarterly [1:01:50] basis and nothing was ever raised at [1:01:53] that point. And so it's our contention, [1:01:55] as I've said now on two occasions, that [1:01:58] a lot of these things, whether it's uh [1:02:01] findings by the state, whether it's [1:02:03] financial issues and other deficiencies, [1:02:06] uh they were all kept out of plain view [1:02:08] and swept under the carpet. So when we [1:02:10] would ask the question of the former [1:02:12] administrator, how's it going? We would [1:02:14] always get the response, things are [1:02:16] great, you don't need to worry about [1:02:17] anything. We're good to go. [1:02:19] >> Okay. All right. I I understand that. [1:02:20] And you know, I've been sitting here [1:02:22] since 2006 and [1:02:26] you know, we had these issues back in [1:02:28] 200 um 18 when we had that meeting and [1:02:32] um they popped up and then they [1:02:33] disappeared and like I say, there was [1:02:35] probably good excuses for that because [1:02:37] of the change in leadership. Um but um [1:02:42] anyway um there's been a there was asked [1:02:44] at the podium today about um the [1:02:47] committee or commission. Um [1:02:53] I'm going to make an amendment or some [1:02:55] maybe somebody else wants to. It doesn't [1:02:57] matter that we do change that 49-2 to [1:03:00] give some teeth to the committee. [1:03:03] um putting a committee in a place that [1:03:05] has no teeth to it that no power um [1:03:10] if they meet once a month or twice a [1:03:12] month and you know they're not happy [1:03:14] with the county um with the leadership [1:03:17] at the nursing home but there's nothing [1:03:18] they can do about it. um if they can [1:03:20] make a re recommendation for dismissal [1:03:24] if that's what they feed feel fe feel feel feel feel feel feel feel feel feels [1:03:26] need need to be done or if they can [1:03:27] recommend something to be done, it'll [1:03:30] give them more um more power. So I'll [1:03:33] try to make that amendment when we go. I [1:03:35] see we have a list of other amendments. [1:03:37] Um so anyway, thank you. That's all I [1:03:40] have. [1:03:41] >> Okay. [1:03:41] >> Yeah. Hold on. Hold on. [1:03:43] >> Yeah, Paul, question for you. Um, [1:03:46] currently right now, if something was to [1:03:49] happen at our nursing home, tragic, just [1:03:51] not I don't want to go into detail, but [1:03:53] if anything happens, who's liable for [1:03:56] that? Would that be the nursing home or [1:03:58] would that be the county as a whole? [1:04:00] Because I don't really know right now if [1:04:03] the county owns the we own the property [1:04:06] at the nursing home, but we don't own [1:04:08] the operation of the nursing home. And [1:04:11] that's that's my question. And I'm still [1:04:13] learning that because just on Friday we [1:04:15] found out that they do their taxes as a [1:04:17] nonprofit and I went and looked at their [1:04:19] application and it says Wakcomo Nursing [1:04:22] Home about county at all. And that's my concern is I don't know if [1:04:28] we're making legislation that [1:04:31] might be we might be jumping the gun on [1:04:33] this is is my question. Now I'm all [1:04:35] about let's set up an advisory board or [1:04:37] commission or something to get something [1:04:39] started. But my concern is is if we take [1:04:42] if we start putting Wakamiggo County [1:04:44] Nursing Home in legislation and [1:04:47] something happens and a lawyer sees this [1:04:49] and says, "Okay, well, this is a county [1:04:51] entity. Well, we're going to put them on [1:04:52] the hook as well with any liabilities." [1:04:55] Um, that's my concern right now. And I I [1:04:58] just want to make sure that we get this [1:05:00] straight now because, you know, if we [1:05:04] figure out we have to fix this months [1:05:06] from now and if something happens like [1:05:08] in a in a month or so, who's liable? Cuz [1:05:11] the county right now, if we pass this [1:05:13] the way it says [1:05:15] now, it's a county entity and according [1:05:18] to this legislation, we're taking [1:05:21] ownership of it. Now, are we going to be [1:05:23] liable? That's my question. [1:05:25] Well, that's a good question and I think [1:05:28] uh Josh actually started hitting it on [1:05:31] the head with his comments that the [1:05:34] nursing home has been there since 1972 [1:05:38] as an entity we'll call it uh of the [1:05:42] county. [1:05:43] >> Um [1:05:45] one of the things that I think we need [1:05:47] to do is to define [1:05:50] much more than it can be done today. Uh [1:05:53] what is the relationship between the [1:05:56] county and that nursing home? Uh it is [1:06:00] not clear. Uh [1:06:03] >> now would this be making it more clear [1:06:04] that it's a county entity? That is my [1:06:07] recommendation for the future that we [1:06:10] figure this out that is it going to be a [1:06:14] nonprofit corporation [1:06:17] which the county will own the building [1:06:19] and the land and then there will be a [1:06:22] nonprofit corporation that would operate [1:06:24] the nursing home or is it going to be [1:06:28] just we'll say essentially a department [1:06:30] of Wcomako County? You ask the question, [1:06:34] if someone were to sue for an event [1:06:38] today, [1:06:40] they would probably sue Wakcomo County, [1:06:43] >> right? [1:06:43] >> Because there is no uh state recognized [1:06:48] entity called the Wagamo County Nursing [1:06:51] Home. [1:06:52] >> Yeah. [1:06:52] >> That that just doesn't exist. [1:06:55] >> Mr. A little question. Um I believe in a transaction you sent a letter you [1:06:59] sent to us. You were talking about the [1:07:01] deadline as far as uh appointing the [1:07:03] board. Um what I could you clarify for [1:07:06] the council and the public what the um [1:07:10] deadline is or the self-imposed deadline [1:07:12] is is for appointing a board for the [1:07:14] executive making recommendations. [1:07:16] I believe your letter stated it was [1:07:18] November 17th. I was trying to get a [1:07:19] clarification. [1:07:20] >> Yeah. Right. What I was suggesting, we [1:07:22] could make this regular legislation [1:07:24] instead of emergency legislation, which [1:07:28] if both the council and the executive [1:07:31] signed tomorrow, then 60 days later, [1:07:34] it's effective. I believe your your [1:07:37] letter did state that the executive was [1:07:40] uh [1:07:42] was with the understanding that that uh [1:07:44] that she would present these names to [1:07:47] this body by November 17th in your [1:07:49] letter. Correct. That that is correct. [1:07:51] If if this were regular legislation, [1:07:54] >> why would there be an if? I mean, we we [1:07:56] both agree that a board is essential. [1:07:59] Why would it what what what difference [1:08:01] would it make whether it was emergency [1:08:02] or non-emergency legislation? [1:08:04] >> Let's go down the different paths. [1:08:06] [clears throat] [1:08:07] Uh if it's emergency, then she does have [1:08:11] the right to veto. [1:08:14] Good. [1:08:15] >> And then you have the right to override [1:08:18] the veto. [1:08:20] and that is when it would become [1:08:22] officially effective. Now, that would [1:08:24] probably be sometime in later October [1:08:27] that that process would play out. If you [1:08:31] don't start looking for members of the [1:08:34] commission until later October, it [1:08:37] probably doesn't that process doesn't [1:08:40] get concluded by November 17th, the [1:08:44] second meeting. [1:08:45] >> [snorts] [1:08:45] >> So, it's a bit of a contradiction in [1:08:46] terms to say that um uh recommendations [1:08:49] should be made by November 11th, but [1:08:51] then to uh self-impose a delay purposely [1:08:57] and drag the whole process out. I just [1:09:00] was trying to get some understanding [1:09:02] that we both were in in agreement that [1:09:04] the November 17th was offered as a [1:09:07] deadline to get the uh board appointed [1:09:10] as soon as possible for the community. I [1:09:12] don't care at the council and and [1:09:13] executive for the community. [1:09:15] >> Well, what I tried to express in that [1:09:17] letter was [1:09:20] November 17th is a possible date when [1:09:24] that process of appointing the [1:09:26] commission could be completed when you [1:09:28] have your second meeting in November. [1:09:31] >> There would not be actually it would be [1:09:32] even easier for the executive to meet [1:09:34] that deadline if we pass it today as [1:09:36] emergency legislation. [1:09:38] >> Yeah. and and excuse me. [1:09:41] And and there is no veto. [1:09:45] >> Yeah. If if there were no veto, but as [1:09:48] you've heard, she she has reservations [1:09:51] about a couple of provisions in Just [1:09:52] want to make sure there's nothing [1:09:53] disingenuous here because if you say [1:09:55] you'd like to have the appointment, [1:09:57] if you don't mind, if you don't mind, [1:09:59] >> if you don't if you if you state that [1:10:01] it's going to be by November 17th, that [1:10:03] there's going to be a deadline and [1:10:04] everybody [clears throat] would like [1:10:05] that to happen and then to put some type [1:10:07] of a qualifier in there that oh, only [1:10:13] if it's not emergency legislation. I I I [1:10:15] don't get the hypocrisy in that. [1:10:16] >> Right. Before I was cut off, I was [1:10:19] trying to get into like the HR of the [1:10:22] county versus the HR of the nursing [1:10:24] home. So, when I went in there, I got to [1:10:27] see the book for the nursing home on the [1:10:30] handbook, and it is that thick. It's thicker than the King James Bible [1:10:35] is what I've been quoted. [1:10:38] Our HR department cannot even handle [1:10:41] with the nursing home HR. And that's why [1:10:43] they are supposed to have their own HR [1:10:45] department. And this is what I'm trying [1:10:48] to get at. It's not that I don't want a [1:10:50] commission. I absolutely want a [1:10:51] commission. I want an advisory board. I [1:10:52] actually want them to have their own [1:10:54] board of directors. [snorts] I want them [1:10:55] to be more independent to be able to [1:10:58] decide things for themselves. But the [1:11:00] question is is if we go ahead and and [1:11:02] pass legislation tonight to make it a [1:11:04] county entity, then what's that going to [1:11:07] do to our HR department? We don't even [1:11:09] have qualified people to uh to to hire [1:11:12] anyone at the nursing home because then [1:11:14] we would be liable for the hiring right [1:11:17] now. We don't have like they had to [1:11:20] something happened with they have an HR [1:11:21] department. No one's in there and that's [1:11:23] why Miss Cory's there right now. They [1:11:25] have a payroll department and they make [1:11:28] paychecks that are directly from the [1:11:29] nursing home, not from Wycom County. And [1:11:32] this is going to blur the lines even [1:11:35] more. And I I I I I wish I hope we can [1:11:40] maybe come to consensus that we can pass [1:11:42] a commission tonight or today and maybe table some of this so that like [1:11:49] the the uh hiring and firing of [1:11:51] personnel because I don't want to get us [1:11:54] confused on what's a county entity and [1:11:56] what's a what's the nonprofit entity of [1:11:58] the nursing home because if we can get [1:12:01] those confused then like I said if [1:12:03] something happens if if someone walks [1:12:05] out of that a nursing home gets run over [1:12:07] by a car. God forbid that ever. No, we [1:12:09] don't want that happening. But if that [1:12:11] did happen, who's liable? Is it the [1:12:14] county at a whole? Would that be a $3 [1:12:16] million lawsuit that the county [1:12:18] taxpayers are have to take on or is that [1:12:20] something that the nonprofit entity [1:12:22] would take on? The these are big [1:12:24] concerns here and this legislation here [1:12:26] could be a pinnacle point on what the [1:12:28] future is for that nursing home. And we [1:12:30] need to be very thoughtful on that. And [1:12:32] I know we are rushed to get to a [1:12:34] decision here today, but we need to be [1:12:36] thoughtful before we go ahead and pull [1:12:38] the trigger on on um on making it a [1:12:41] county department or an entity or an [1:12:43] agency. Right now, [1:12:45] >> Benson, [1:12:46] >> I just make two points. [1:12:48] >> Thank you. Um, under section 508 of the [1:12:51] county charter, the county executive can [1:12:53] appoint designated uh can appoint for [1:12:56] designated periods uh one or more [1:12:58] advisory boards for the citizens of the [1:13:00] county. Um, so the county executive has [1:13:03] authority to have appointed the board [1:13:05] for the nursing home. Um, and it's [1:13:08] already in law. She could have appointed [1:13:10] the board six weeks ago. She could have [1:13:11] appointed in 2023. She hasn't done it. [1:13:14] So the that that the [clears throat] [1:13:17] fact this legislation isn't needed to [1:13:21] have her appoint a board, but she hasn't [1:13:24] appointed a board. So the legislation's [1:13:26] here to require a board to be appointed. [1:13:28] That's the first point. Second, in [1:13:30] answer to Mr. winds question. Um, in 20 [1:13:34] in 1972, the [1:13:37] uh county adopted the county council [1:13:40] then in place uh passed a resolution or [1:13:44] ordinance and it said in that resolution [1:13:47] that the county is authorized and [1:13:49] empowered to acquire um uh the nursing [1:13:53] home and to maintain and operate the [1:13:55] nursing home. That's what it said in [1:13:57] 1972. [1:13:59] Um that that code that legislative bill [1:14:03] was put in code codified uh in 19 in [1:14:07] 2006 when the executive went in uh came [1:14:10] into being in Wamco County. The then [1:14:14] county council uh removed that codified [1:14:18] section from the county code. There is [1:14:20] currently no mention in either the [1:14:22] charter or the code of the Wcomu County [1:14:25] uh nursing home. Um, so we're in a area [1:14:29] where we don't have any guidance in [1:14:30] writing as to what the relationship is [1:14:32] between the county um and the nursing [1:14:35] home. That being said, uh I found out [1:14:40] yesterday that in 2020 in 2020, the then [1:14:45] nursing home administrator executed a [1:14:48] contract um for medical testing at the [1:14:52] nursing home. Um that contract ended up [1:14:56] in a lawsuit being filed for over [1:14:59] $500,000. [1:15:01] And in that lawsuit, the plaintiff sued [1:15:05] and the only defendant that they sued [1:15:07] was Wakcomo County, not the nursing [1:15:10] home, Wakcomo County. Um and in uh the [1:15:14] complaint that was filed, the com the [1:15:17] plaintiff in that case asserted that the [1:15:20] defendant owns and operates the nursing [1:15:22] home. owns and operates their nursing [1:15:24] home. Um, [clears throat] and the law [1:15:28] department defended that lawsuit and in [1:15:31] the uh answer that the law department [1:15:33] filed, they admitted that Wakamo County [1:15:36] owns and operates the nursing home. So, [1:15:39] the law department admits that that and [1:15:41] says that the nur nursing home is owned [1:15:43] and operated by nurs. [1:15:47] the law department and the executive [1:15:49] settled that lawsuit without notice to [1:15:51] the W County to the Wakano County [1:15:54] Council. Um, but they settled it for [1:15:57] $400,000. [1:15:59] >> Why is it that Sorry, but why is it that [1:16:01] when they do their finish? Did you [1:16:03] finish? I'm sorry. [1:16:03] >> So, in answer to Mr. win's question. [1:16:06] There's no question that W if in his [1:16:08] scenario if somebody if a catastrophic [1:16:12] event occurred at the nursing home it [1:16:14] would be Wcomo County and the citizens [1:16:16] of Wcomo County that would be liable for [1:16:19] that damage and that's what has already [1:16:22] been admitted by the law department in law in this lawsuit. It may have been [1:16:26] admitted in other lawsuits. I don't know [1:16:27] about other lawsuits. Um because if one [1:16:31] tries to find um if you go in and look [1:16:35] up lawsuits for Wam against Wakamako [1:16:38] County, there literally are thousands [1:16:40] um for Wamo County and if it doesn't [1:16:44] mention the nursing home, you can't find [1:16:47] any you you can't locate those uh cases. [1:16:51] This one we found indirectly. Um so the [1:16:55] bottom line is unfortunately Wamo County [1:16:58] already operates the nursing home. Wcomo [1:17:00] county is already liable for everything [1:17:02] that happens at the nursing home. If [1:17:04] there is a contract that is defaulted on [1:17:07] by the nursing home, it is Wcomo County [1:17:09] and the taxpayers of Wcomo County who [1:17:11] will be sued for that have already been [1:17:13] sued for it and have have had liability [1:17:16] on it. Um so it's an unfortunate [1:17:19] situation. Um the reality is that as [1:17:24] this this situation with the nursing [1:17:28] home has come forward in the last 6 [1:17:29] weeks, the more information that we find [1:17:36] it's a situation where Wakcom County has [1:17:39] been extremely lucky for 50 years. The [1:17:41] nursing home has operated for 50 years [1:17:43] and there haven't been any significant [1:17:45] problems in those 50 years. Mhm. [1:17:47] >> But it's a matter of luck and the [1:17:49] question is with Wcomo County going to [1:17:51] go ahead for another 50 years and hope [1:17:54] that they that the that the past is [1:17:58] prologue and that we don't have any [1:18:00] problems in the future. The this [1:18:03] legislation is there to try to establish [1:18:05] some um [1:18:08] regular you know operating um facility [1:18:12] or operating um method for the nursing [1:18:16] home. And it is to to mandate that a a [1:18:20] committee be established and then it is [1:18:24] my presumption that that committee will [1:18:25] go in and review the nursing home and [1:18:28] make recommendations back to the county [1:18:30] executive and the county executive about [1:18:32] and the county council about what things [1:18:34] should occur at that nursing home. And I [1:18:38] have talked to Mr. Wilbur, and I agree [1:18:40] fully that one of the things the county [1:18:42] ought to look at is creating a [1:18:45] nonprofit, non-stock corporation that [1:18:48] owns the nursing home. [1:18:50] >> Um, and the county would be the sole [1:18:53] owner of that non-stock, non-county [1:18:55] nursing home. But if you did that, the [1:18:58] questions about who the employees are, [1:19:01] they would work for the nonprofit [1:19:03] corporation that would be created. [1:19:06] There wouldn't be any questions to [1:19:07] whether they're county employees or not [1:19:09] county employees because right now we [1:19:11] have a situation where as I understand [1:19:14] it the county employees receive [1:19:16] paychecks that are not county paychecks [1:19:18] but when they retire they get county [1:19:21] retirement funds. [1:19:22] >> They're like half county employees and [1:19:25] not half county employees. And if we in [1:19:28] the future fix this, um, that would be [1:19:32] wonderful, but it can't be fixed in the [1:19:34] 6 weeks since this came up and this this [1:19:37] problem was discovered. So, in answer to [1:19:40] Mr. W's question, it's already being [1:19:43] operated by the county. If there's a [1:19:45] catastrophic event at the law at that [1:19:48] location, the lawyers are already going [1:19:50] to sue Wakcomo County. When they file [1:19:53] suit against the nursing home over [1:19:54] something, they serve Mr. Wilbur, they [1:19:56] serve Julie Girardano. They serve Bunky [1:19:59] Luffman. They don't serve the nursing [1:20:00] home director. They are Wcomo County is [1:20:04] the nursing home. [1:20:06] >> That's it. [1:20:08] >> Thank you. May I May I [1:20:10] >> Jeff? No. Yes. Danny's got something. [1:20:12] >> I'm going to read something first [1:20:14] because the last time I open my big [1:20:16] mouth, I went on a [1:20:18] >> little [1:20:20] >> meanness, I guess you want to call it. [1:20:23] But I have to tell it like I feel that [1:20:26] is I I'm supporting this emergency [1:20:28] legislation [1:20:30] um that involves the nursing home and um [1:20:34] the when James brought up the HR [1:20:37] department, they did have a HR [1:20:40] department [1:20:41] but it was outsourced [1:20:44] and and also the faithful employees are [1:20:47] leaving from fear of being fired that [1:20:49] would cause them to lose their time, [1:20:51] their vacation time whether it be a [1:20:53] cruise [1:20:55] Also, the First Amendment has been [1:20:56] threatened by ordering a gag order to [1:20:59] the employees if they open their mouth [1:21:02] about the nursing home. [1:21:04] The majority of the employees are people [1:21:07] of color and women. [1:21:11] What does that say about our county on [1:21:14] the treatment of these employees? [1:21:18] The question also arises why are county [1:21:22] employees have any authority at the [1:21:25] nursing home? But one of the questions [1:21:27] has been asked by Mr. Benson. So what [1:21:31] should have happened was the county [1:21:34] executive when this issue came up the [1:21:37] county executive should have met. We [1:21:39] should requested a work session to come [1:21:42] up with a plan instead of foreign people [1:21:44] that's already in place. come up with [1:21:46] some kind of strategic plan as Josh had [1:21:48] talked about to see how we could [1:21:52] straighten this out. But what you do, [1:21:54] you you went in and fired people that [1:21:56] worked their 18 years, uh 20 years, 10 [1:22:00] years, 5 years, who were dedicated [1:22:03] employees. [1:22:04] And instead of firing them should if you [1:22:08] should have learned from them. And if it [1:22:12] was any problems that were being that [1:22:14] was being done wrong, saying human [1:22:16] resources or finance, you should have [1:22:18] helped them to correct it and train them [1:22:21] on the procedures that you wanted the [1:22:23] county to wanted wanted them to follow [1:22:25] what the county said. But instead, you [1:22:28] went in there and just caused a [1:22:35] I say a a drastic change. just changed [1:22:39] overnight. Foreign people. I almost [1:22:41] thought it was Elon Musk in the in the um nursing home. Like Elon Musk [1:22:48] came and just for everybody made it [1:22:51] worse. It didn't make it better. And the [1:22:53] question arise is [1:22:56] the question I have now, the hope I have [1:23:00] is that would bring back the family [1:23:03] environment between the residents and [1:23:06] the employees. [1:23:08] And then um the last the I won't say [1:23:12] lastly but the other the question I have [1:23:14] for Mr. Lacken all this stuff that you [1:23:17] said was swept under the under the rug [1:23:20] and under it didn't do right. [1:23:24] Where's the proof that you gave the [1:23:26] county council? We have we I don't think [1:23:29] we received any information about Have [1:23:32] we received any information? [1:23:33] >> Well, they did try to do a close session [1:23:35] with us. I don't know if you remember [1:23:36] that. I've heard the county executive [1:23:38] department came to us in a close [1:23:40] session. [1:23:40] >> Yeah. But he didn't talk about the [1:23:41] problems that we didn't have the [1:23:43] documentation 30 minutes less than. [1:23:45] >> Yeah. But what I'm saying is we needed [1:23:47] the documentation, proof of the [1:23:50] wrongdoing and who did it and what all [1:23:53] this stuff that's been accused. See, [1:23:54] we're talking about people being accused [1:23:56] of stuff, but if you stand up there and [1:23:57] say something was mismanaged or [1:23:59] whatever, where is where why didn't we [1:24:01] come before a council and say this is [1:24:04] why we're doing such and s such thing? [1:24:06] This is why we're over here. This is why [1:24:08] they need training. But what you did, [1:24:10] you the RNs have left. The maintenance [1:24:13] man's left. The the the activist woman's [1:24:16] left cuz she's scared. Been there 18 [1:24:18] years. So why are these people leaving [1:24:21] if everything's fine? I quite sure the [1:24:24] activities director is sweeping up the [1:24:26] rug because she was wheeling people in [1:24:28] and and help and activity. That's what [1:24:30] I'm that's bottom line. But I'm not [1:24:32] going to go on tangent cuz I'm getting [1:24:33] mad right now. So lastly, I'm saying [1:24:37] with this drastic change, the question [1:24:41] is who is suffering? [1:24:43] And the answer is the residents. [1:24:46] That's the that is the that is who's [1:24:48] suffering. Not the executive, not me, [1:24:53] not the employ the employees are [1:24:55] suffering because some of them have lost [1:24:57] their job and on the employ un [1:24:58] unemployment uh roles in in in case [1:25:02] their their unemployment's being [1:25:04] approved cuz some of the unemployment [1:25:06] people not even getting their employ [1:25:08] unemployment approved. So you're [1:25:10] creating a hardship among the employees [1:25:13] cuz it shows me you don't care about [1:25:15] people. And that's what it's all about [1:25:18] caring about people. And if you don't [1:25:21] care about people, you don't need to be [1:25:23] in this position. The politicians are [1:25:26] supposed to be servants of the people. [1:25:28] The county employees are supposed to be [1:25:30] servants of the people because the [1:25:31] taxpayers are paying your salary. [1:25:34] And we're supposed to have compassion, [1:25:37] not threaten, not threats. and all this [1:25:40] kind of stuff to a people cuz they're [1:25:42] human beings. They got the same heart, [1:25:44] lungs, and everything that you have. You [1:25:46] may have a little more than somebody [1:25:48] else. You may have author authority. [1:25:50] Only one in control is the Lord. [1:25:52] [snorts] Remember that. [1:25:55] The only one in control. So, somebody's [1:25:58] looking down on how people are being [1:26:00] treated. [1:26:01] >> Yeah. [1:26:02] >> And don't forget, karma is something. [1:26:05] >> That's all I got to say. I I'm just [1:26:07] going to state I think you did get [1:26:08] emails on the um the problems that we [1:26:11] were having at the [1:26:12] >> Well, I want proof. I don't want email. [1:26:14] >> No, no, they were in email. [1:26:15] >> I want printed out and I wanted somebody [1:26:17] to sit down and face me. [1:26:20] >> Well, we tried to have another closed [1:26:22] session. [1:26:22] >> Well, you didn't have it. It didn't have [1:26:24] >> Well, we went right to emergency [1:26:25] legislation. [1:26:25] >> So, you you already made your point. [1:26:26] >> You're proving your point that you don't [1:26:28] want to work with any [1:26:28] >> I don't you haven't heard I heard your [1:26:30] mouth. I'm I'm finished. [1:26:32] >> Oh my god, [1:26:33] >> Jeff. [1:26:35] I just um with regards to the nonprofit [1:26:38] thing, it was brought to my attention [1:26:39] over the weekend that the uh nursing [1:26:41] home was a nonprofit and I went through [1:26:44] a rather enormous amount of paper um [1:26:46] probably five times what Councilman Enis [1:26:49] has sitting right there and I did find [1:26:52] uh the uh EIN documentation that was [1:26:55] sent to us a week or so ago where it was [1:26:57] written by hand at the top of it. [1:27:00] Nonprofit that that's not an official [1:27:02] document. I don't know who wrote it. I [1:27:05] That's the only thing I could find that [1:27:06] references the nursing home as a [1:27:08] nonprofit. [1:27:09] So, we don't know what it is. It's not [1:27:11] an agency. It's not a department. Um, [1:27:15] it's got to be something. [1:27:17] Employees don't work for the county. [1:27:19] Paychecks aren't county paychecks. [1:27:22] They enjoy paying into the county [1:27:24] retirement plan. They get county health [1:27:27] benefits. [1:27:29] It's It's like it's in limbo. We have to [1:27:32] fix this sooner the better. Not not in [1:27:37] November. Sooner the better. It should [1:27:39] have been fixed weeks ago. It could have [1:27:41] been very easily fixed weeks ago if [1:27:45] somebody had sent the council president [1:27:46] or the council an email saying, "We got [1:27:49] problems. We need to have a work session [1:27:52] and work this out." [1:27:54] >> That never happened. M [1:27:57] >> as as usual, the council finds out from [1:28:00] the public. I got almost three pages of [1:28:04] council comments, so I'll save most of [1:28:05] it for later. But, uh, [snorts] as [1:28:08] usual, we find out from the public after [1:28:10] the fire has not only been lit, it's [1:28:12] raging, [1:28:14] and we got to come in the room with two [1:28:16] fire extinguishers. [1:28:18] So, thank you all for coming today. Y [1:28:22] >> um, some weeks ago and piggybacking on [1:28:25] what, uh, Mr. Mayor just said we [1:28:27] requested [1:28:28] uh a copy of the W9 and the EIN and they [1:28:32] were it was a separate EIN. It was in [1:28:34] the name of Y Comic Nursing Home uh as [1:28:37] was the as was the W9. But understand uh [1:28:41] W9 has two things on it. It's the legal [1:28:44] entity as well as uh tax and accounting. [1:28:49] So uh and I followed up with this [1:28:51] question. Never got an answer. What is [1:28:53] the entity? So, I figured out the answer [1:28:55] was there is none. There is no legal [1:28:58] entity. And to Mr. Wilbur's point, [1:29:00] everything and to Mr. Benson's as well, [1:29:02] everything is going to fall back on the [1:29:04] county and it already has. Uh so, uh [1:29:07] there there's it seems to me there's [1:29:09] three steps here. The first step is what [1:29:11] we're going to do today and trying to [1:29:13] take immediate action for real concerns. [1:29:16] I'm I do not want to hear any more about [1:29:19] that. These are false concerns. I've got [1:29:21] a letter that I received yesterday and I [1:29:22] may read some excerpts from it uh that I [1:29:25] think are uh pretty descriptive of [1:29:27] what's really been happening there and [1:29:28] there there has been a lot of [1:29:30] misinformation information flowing [1:29:32] around. So this is step one to put a [1:29:34] commission in place that will uh give [1:29:37] some immediate oversight even though [1:29:39] when I say immediate it's going to take [1:29:40] some time and I'm glad that we are doing [1:29:42] this as emergency. It's going to take [1:29:43] some time before we actually see the [1:29:45] results of that. That's step one. And [1:29:47] now I'll say that may be like a [1:29:49] band-aid. Uh, another step which you can [1:29:52] start right away is to circle back. [1:29:54] [laughter] What does this entity need to [1:29:56] be? Do we need to set up a separate I [1:29:58] think it probably does separate or uh uh [1:30:01] entity and uh and then additionally [1:30:04] what's the relationship with Y chemico [1:30:06] from an operational standpoint? Uh is it [1:30:09] a department? Um you know is it an [1:30:12] enterprise fund? And my opinion is [1:30:14] clearly it's not at this time. [1:30:17] >> Uh and we also need to think about what [1:30:19] is our commitment to keeping this gem of [1:30:24] an institution that we've had for 54 [1:30:26] years together. I think that we've got [1:30:28] some responsibility or at least I feel [1:30:31] that way to continue this. And if you [1:30:33] look at how much has been subsidized [1:30:35] over 54 years and you put it on a yearly [1:30:38] basis, it's not that much. Uh we spend [1:30:41] $70 million on education. We spend $68 [1:30:44] million on public safety. Uh and this is [1:30:47] a discussion. This is not a discussion [1:30:48] that I'm going to uh I'm not going to [1:30:50] make this point here. That that's my [1:30:52] feelings about it. This is something we [1:30:53] need collectively to look at. So step [1:30:56] one, form the commission. Two, go back [1:30:59] and we can do this simultaneously. Look [1:31:01] at the organization. [1:31:03] Step three, Josh mentioned something [1:31:05] about uh no uh strategic plan. And [1:31:09] there's also been mention about the [1:31:11] November 20th, 2018 meeting, which I [1:31:15] read in great detail, and I appreciate [1:31:18] Mr. Holloway's comments back then, cuz [1:31:21] when you got down to the end of reading [1:31:22] it, some 20ome pages, he said, "So, [1:31:26] we're going to get this committee [1:31:27] together and look at the whole operation [1:31:30] inclusive of renovation and what the [1:31:33] cost might be." It was as if we were [1:31:35] going to do a study back in 2018. M [1:31:38] >> now here I am [laughter] [1:31:41] >> eight years later reading this and it [1:31:43] looked great except nothing else [1:31:45] happened. [1:31:47] >> Nobody knows the reason why and I do [1:31:49] understand I think there were uh Joe you [1:31:51] pointed out some other things were going [1:31:52] on. Mr. Cer was passed away at that [1:31:55] period of time. [1:31:56] >> Um but that was an excellent snapshot of [1:31:59] where the nursing home was then and I'm [1:32:02] going to say it's probably not a whole [1:32:04] lot different now. They got occupancy [1:32:06] problems. They got financial issues. Um, [1:32:10] you know, things like what's the break [1:32:11] even occupancy number? How much cost [1:32:14] cutting do you need if you've got ex uh [1:32:16] occupancy? [1:32:18] Needing bathrooms, all those things [1:32:20] would be something, Josh, to your point, [1:32:22] that would be rolled up into a strategic [1:32:24] plan. So, I think that [1:32:26] >> uh the long term is pick back up where [1:32:30] we left off [1:32:31] >> in 2018. Pick right back up, [1:32:35] >> do do a study. I think the commission is [1:32:37] a separate purpose. That's to give [1:32:39] oversight, which is sorely needed. You [1:32:41] know, I know we've talked about who's [1:32:43] been visiting the nursing home and who [1:32:45] has not. I admitted I have not. I did [1:32:48] visit there when I was looking for a [1:32:49] place or my myself and my uh siblings [1:32:52] were looking for a place for my mom. So, [1:32:54] I do know about it. Um and uh but that doesn't answer any questions. [1:32:59] You've got to be boots on the ground and [1:33:01] you've got to be involved with that [1:33:02] place to know what's going on. And [1:33:04] that's that's the purpose in my mind for [1:33:05] the commission. So, um that would be [1:33:08] what I would suggest. Uh three steps. [1:33:10] The immediate, we've got to get our [1:33:13] house in order on the legal entity side [1:33:16] and to start a strategic plan. Uh [1:33:18] picking right back up where the 2018 uh [1:33:21] meeting left off. [1:33:24] >> Thank you. [1:33:25] >> Yeah, I think uh we don't want to [1:33:26] overlook the obvious here. Um, you know, [1:33:28] with all the spin in the rhetoric that [1:33:30] we've been exposed to, you know, we've [1:33:31] had 20 very valuable long-term employees [1:33:34] now that have left in only a matter of [1:33:36] weeks, maybe a matter of months. I think [1:33:38] when you take a look at that, uh, you [1:33:40] have a you have a problem. [1:33:42] This is a situation where we've had a [1:33:44] nursing home that was more than stable [1:33:47] over the last 20 years. So when you see [1:33:50] this kind of disruption, when you see [1:33:52] this kind of mass exodus, I think there [1:33:54] uh certainly is uh reason to act and to [1:33:57] act as quickly as possible, especially [1:33:59] when we're considering the most [1:34:00] vulnerable citizens in our community who [1:34:03] are at risk. I have a real problem with [1:34:06] the fact that uh more so and more [1:34:08] recently that we're talking about [1:34:10] management and how we're going to, you [1:34:12] know, the executive branch is talking [1:34:13] about how they're going to independently [1:34:15] address this situation and there really [1:34:16] isn't a problem. But I do have a a a [1:34:19] real concern that if there is no [1:34:21] problem, I would reiterate what other [1:34:23] people said today. Why do we have [1:34:25] members of the administration [1:34:27] administrative staff going in on a [1:34:29] regular basis? [1:34:31] And what I really have a problem with [1:34:33] and it is not rather it is not a rumor. [1:34:36] It is fact that you have individuals who [1:34:39] are harassing the employees. [1:34:42] That is without a a doubt a fact. And [1:34:46] that is what concerns me more than [1:34:48] anything. We're already in a very [1:34:50] unstable environment. And the last thing [1:34:53] I really want to do is see this become [1:34:55] even more exacerbated. So if you think [1:34:57] there's reason for uh if there's not [1:34:59] reason for uh emergency legislation, I [1:35:01] would hold you wrong. This needs to be [1:35:03] done as soon as possible. These are the [1:35:05] most vulnerable citizens in our county. [1:35:08] So let's let's move forward if we could [1:35:10] with the I know we have some amendments [1:35:13] that are necessary. [1:35:18] Start. Um Jeff, you have them? [1:35:21] >> I do. I've got three. [1:35:26] » Motion number one, addition of of the [1:35:29] whereas clause. I make a motion to add [1:35:32] the following as the fourth whereas [1:35:34] paragraph whereas legislative bill 5 was [1:35:38] codified as section 74 of the Wakcomo [1:35:41] County Code. However, after the county [1:35:43] executive form of government was adopted [1:35:46] in Wakcomo County, the county council [1:35:49] enacted bill number 206-11 [1:35:53] which amended the county code by [1:35:55] deleting section 74. [1:35:58] And [1:36:00] so that is the first motion. Yes, these [1:36:02] are housekeeping measures we're trying [1:36:04] to address. Is there a second? Second. [1:36:06] >> Any discussion? All those in favor say [1:36:08] I. I. [1:36:09] >> Opposed? Motion's carried. [1:36:14] Okay. [1:36:15] Uh motion number two, nursing home [1:36:18] personnel system. I make a motion to [1:36:20] amend section 49-3 by striking quote on [1:36:25] or before November 17th, 2026 end quote [1:36:29] and replacing it with quote with the [1:36:32] fiscal year 2028 budget end quote. It's [1:36:36] a motion. [1:36:37] >> Second. [1:36:39] >> Any discussion? All those in favor say [1:36:41] I. I [1:36:41] >> I [1:36:42] >> opposed. Motion is carried. Both [1:36:44] motions, by the way, were uh carried [1:36:46] unanimously. [1:36:49] » Okay. My third motion is appointment of [1:36:51] commission members. [1:36:53] I make a motion to amend section 49-5 to [1:36:57] provide that the Wakcomo Nursing Home [1:37:00] Commission shall consist of seven voting [1:37:03] members who are appointed by the county [1:37:05] executive and confirmed by the W the [1:37:08] county council of Wakcomo County. [1:37:11] Motion. Is there a second? [1:37:12] >> Second. [1:37:12] >> Discussion. All those in favor say I. [1:37:15] >> I. Post. [1:37:17] >> Motion. Motion passes unanimously. [1:37:20] >> It's my turn. [1:37:22] >> Okay. [1:37:24] >> The fourth motion. I move to amend [1:37:26] section 49-5 by striking quotation one [1:37:30] of whom shall be the county uh county, [1:37:33] excuse me, the county health officer and [1:37:35] his his her designate [1:37:39] unquote. and replacing it with quote uh one of whom shall be a resident [1:37:43] family advocate. [1:37:44] >> The motion's second. [1:37:46] >> Second. [1:37:46] >> Any discussion? I know this was a [1:37:48] current concern of delegate sample [1:37:50] Hughes and some others in the room. [1:37:52] >> Motion second. Yes. M just I did get [1:37:55] folks out a question of whether there [1:37:57] should be a immediate family. I don't [1:37:59] know if that really makes a difference [1:38:01] in there, but at least the intent, you [1:38:03] know, the I think some people are [1:38:05] concerned like, oh, there's going to be [1:38:06] someone who's like, oh, okay, my, you [1:38:08] know, my third cousin is in there. [1:38:11] >> Uh, they might. [1:38:13] >> Yeah. Yeah. So, I I I figured I'd bring [1:38:15] it up regardless. I don't have strong [1:38:17] feelings on it, but I thought I told him [1:38:18] I'd bring it to the council. [1:38:21] >> You want to Are you asking that as as a [1:38:23] amendment to the motion? [1:38:24] >> I'll leave it to the uh to the [1:38:26] individual asking the amendment. Uh, do [1:38:28] you want to add it an immediate family [1:38:30] advocate or not? Uh, [1:38:31] >> I don't have immediate. [1:38:33] >> Okay. I think let's just [1:38:34] >> at least defer back to your comment that [1:38:36] it's obvious. [1:38:37] >> Good. Okay. [laughter] [1:38:39] Then that is the intent and I'm go okay [1:38:40] with it. [1:38:41] >> Thanks, Josh. [1:38:42] >> Uh, we have a motion to second. Is it [1:38:44] correct? Any further discussion? All [1:38:46] those in favor of the motion say I. [1:38:49] >> Opposed? Motion's carried unanimously. [1:38:52] >> Fifth motion. I move to add the [1:38:54] following to section 49-5 after the list [1:38:57] of commission members. The nursing home [1:38:59] administrator shall be an exeicio member [1:39:01] of the commission without the right to [1:39:03] vote on commission matters. [1:39:04] >> It's a motion. Is there a second? [1:39:06] >> Second. [1:39:06] >> Discussion. [1:39:08] >> All those in favor say I. [1:39:09] >> I. Opposed carried. Motion passes. [1:39:13] >> The sixth. I move to amend section 495 [1:39:16] to provide that the chairperson and vice [1:39:18] chairperson shall be elected from among [1:39:20] the commission members with voting [1:39:22] rights. [1:39:23] >> Motion is there second. Discussion. [1:39:26] >> All those in favor say I. [1:39:27] >> Opposed. [1:39:28] >> Motion is carried unanimously. Passes. [1:39:31] >> John, I have one question about the uh [1:39:33] motion for um for the resident family. [1:39:37] if that member was to suddenly pass or [1:39:40] what have you, um would that be an [1:39:42] automatic replacement [1:39:45] for that resident family uh on the uh [1:39:48] committee? [1:39:51] » Uh it's a good question. I I would guess [1:39:53] Mr. Benson, would that be part of what [1:39:55] the structure would have to be from that [1:39:57] the commission would have? [1:39:58] >> They have specified terms. They're there [1:39:59] for two years. So I [1:40:03] >> they're they you know, they're there. [1:40:05] They're familiar with the family, the [1:40:07] nursing home. They had family members [1:40:09] there. So, I don't think that they would [1:40:11] be immediately removed. No. [1:40:16] » Sorry. [1:40:17] >> Thank you, Mr. Penc. [1:40:20] >> Where were we? [1:40:21] >> Yeah. [1:40:21] >> Yes. [1:40:21] >> Seventh and the final. I move to amend [1:40:23] section 49-6A [1:40:26] and B to include the resident family [1:40:28] advocate member. [1:40:30] >> Motion's there. Second. [1:40:31] >> Second. [1:40:31] >> Discussion. [1:40:33] >> All those in favor say I. [1:40:34] >> I. I opposed. [1:40:36] >> Motion passes unanimously. Just for the [1:40:38] record, all seven motions were passed [1:40:39] unanimously. Um, one uh question I have [1:40:43] for the council is Mr. Venosa had made [1:40:46] the uh recommendation. He had said that [1:40:49] section 49-2D. [1:40:52] It now states that the nursing home [1:40:54] administrator shall fully cooperate and [1:40:56] provide all reasonable information [1:40:57] requested by the Wcomo Nursing Home [1:40:59] Commission. he had suggested there [1:41:02] should be uh an amendment there that [1:41:04] would establish some type of a deadline. [1:41:06] Um any recommendations or thoughts on [1:41:08] that if at all? [1:41:13] » Mr. President. [1:41:14] >> Yes. [1:41:14] >> So I guess the question there is it also [1:41:16] is this uh [1:41:20] are this involves uh the funds of the [1:41:24] county. Does our internal auditor have [1:41:26] the ability to access that information [1:41:28] also? I think this is a situation where [1:41:32] a circumstance develops and the [1:41:34] commission goes to the administrator say [1:41:36] could you tell us why the patient on you [1:41:38] know in in whatever room this happened [1:41:40] or that happened that the administrator [1:41:42] would be responsible to get back to the [1:41:44] commission would have to answer to the [1:41:45] commission what Mr. Venosa was [1:41:47] suggesting was that maybe we should say [1:41:49] within a period of two weeks or within a [1:41:51] reasonable amount of time what legal [1:41:52] jargon Mr. expensive may be most [1:41:55] suitable for this. Do we make it within [1:41:57] a twoe period [1:41:59] or by the next before the next maybe we [1:42:01] could say before the next uh [1:42:04] >> meeting? [1:42:06] I mean you can put whatever you want in [1:42:08] there. It's a practical problem and I [1:42:11] mean I guess the question is what [1:42:13] information are they asking for and is [1:42:15] something that can be provided within [1:42:17] two weeks and without knowing I don't [1:42:20] know how you can answer that question. [1:42:21] So [1:42:23] I put in within a reasonable period of [1:42:25] time the the [1:42:26] >> that so I'm just looking for that [1:42:28] legally binding term that would sort of [1:42:29] expedite [1:42:30] >> the point I think is that if the [1:42:33] commission believes that the nursing [1:42:36] home administrator is not providing the [1:42:38] information the nursing home commission [1:42:41] is reporting to the C executive and the [1:42:43] county council and I assume that the [1:42:46] commission would say the nursing home [1:42:47] administrator has been requested to [1:42:49] provide this information or not [1:42:50] providing it. We need this information [1:42:53] and if the nursing home administrator [1:42:55] doesn't provide it, then the the [1:42:58] executive andor the nursing county [1:43:01] commission would have the authority to [1:43:02] remove the com the administrator. So [1:43:05] rather than having a time period, it is [1:43:08] that it can be enforced if it's not [1:43:11] provided. [1:43:12] >> So it's just as enforceable as [1:43:14] open-ended, [1:43:15] >> I think so. [1:43:16] >> Okay. All right. Just one or two make [1:43:18] sure we address that. Any other um [1:43:21] questions? I have one. Yes, Joe. You go [1:43:23] ahead, James. You sure? [1:43:24] >> Yeah. I'd like to make a motion, if it's [1:43:26] okay, to uh strike the uh where is it? [1:43:31] Sorry. Or the in 492, [1:43:35] it says down at the bottom, county [1:43:37] executive, and or the county council [1:43:41] with the affirmative vote of five [1:43:43] members of the county council shall have [1:43:45] the authority to terminate the nursing [1:43:46] home administrator. I would like to [1:43:48] strike the um the county council with [1:43:51] affirmative vote of five members of the [1:43:53] county council uh shall have the [1:43:56] authority to terminate the uh uh nursing [1:44:00] home administrator. And that's a motion. [1:44:02] >> There's a second. [1:44:03] >> Second. [1:44:04] >> Motion second. Any discussion? [1:44:07] >> My thought of the whole thing is to make [1:44:08] it more consistent with the um with the [1:44:11] county form of government, the the [1:44:13] county charter. Um everything else we [1:44:15] have you have to we we can't remove [1:44:19] directors. [1:44:20] So [1:44:21] >> any other discussion? [1:44:23] >> All those in favor of the amendment say [1:44:25] I [1:44:25] >> I [1:44:26] >> opposed. [1:44:30] chairs opposed. Uh the amendment [1:44:33] fails by a vote of five to two. Thank [1:44:36] you. Uh Mr. I have I have an amendment [1:44:38] what I mentioned before. Um, and I may [1:44:40] need some help from Laura on this [1:44:42] because I didn't have it prepared, but [1:44:44] um that the um [1:44:48] commission by majority vote can [1:44:50] recommend [1:44:52] this is in uh section 492 can recommend [1:44:57] that the nursing home administrator can [1:45:00] be um terminated. [1:45:04] » Is that is that [1:45:05] >> that's a motion. [1:45:06] >> Okay, I'll second that. [1:45:08] >> Just a second. Any discussion? [1:45:09] >> My my question is is that in lie of [1:45:12] having u the council or the executive [1:45:16] having removal like they would have to [1:45:18] recommend it for this. [1:45:19] >> No, they wouldn't have to recommend it. [1:45:21] But if they recommended it, action would [1:45:23] have to take place. [1:45:24] >> Okay. But what if they recommended [1:45:26] against it? [1:45:27] >> They wouldn't recommend against it. He's [1:45:29] already got their job. [1:45:30] >> I'm just saying like if they recommended [1:45:32] to not remove the person. Well, does [1:45:36] that uh if we move in that direction, [1:45:37] then if I you know, if you were a county [1:45:39] executive who did not want to face a [1:45:42] situation where your person might not [1:45:44] be, you know, might be removed, [1:45:46] >> wouldn't you just then uh you know, pick [1:45:49] people who are only going to go along [1:45:52] with what you want? [1:45:53] >> So, if we go forward in that direction, [1:45:55] it could be that we don't get the [1:45:56] qualified people per se. maybe they meet [1:45:58] the general intent, but we get people [1:46:00] who could uh be a little more um [1:46:04] sympathetic to the [1:46:05] >> I can go um I can go back on that story. [1:46:08] Um that was tried at the um liquor [1:46:10] dispensary a couple times when one of [1:46:13] our prior um county executives appointed [1:46:16] people to try to dismantle the liquor [1:46:19] dispensary. once they were appointed um [1:46:21] they found out how good the liquor [1:46:23] dispensary was doing and how much money [1:46:24] they were contributing to the county and [1:46:26] they completely changed their mind. So [1:46:29] um when you put these folks in um in [1:46:32] that seat [1:46:34] um that gives them a little more um [1:46:36] little more teeth if if they just show [1:46:39] up and they have to go over these books [1:46:41] and have to go over the operation and [1:46:43] they have no say why will they be there? [1:46:46] So that's [1:46:50] >> I wouldn't be really in favor of [1:46:51] relinquishing the control that the [1:46:52] council currently has with this [1:46:54] legislative bill. I think that would [1:46:55] hurt it a bit. [1:46:56] >> Pardon me. I couldn't hear you. [1:46:57] >> I would have a problem with that because [1:46:59] the council as an elected body I think [1:47:01] should have that because we do represent [1:47:03] the citizens of Wcomako County. The [1:47:05] commission doesn't necessarily represent [1:47:06] the citizens of Wcomo County. That's why [1:47:08] I don't think I could be in favor of [1:47:10] >> they're not representing the citizens of [1:47:11] W. They're representing the nursing [1:47:13] home, John. And they're not having the [1:47:14] authority to fire. They're just having [1:47:16] the recommendation the recommendation to [1:47:19] understand. But I think what what that [1:47:20] amendment it compromised the council's [1:47:22] authority over the whole entire [1:47:24] >> Why would it do that? [1:47:26] >> Cuz it's the council couldn't [1:47:27] independently take any measure. [1:47:29] >> No, I'm not. No, I'm not taking anything [1:47:30] away from the council. I didn't say [1:47:31] that. That's not what my amendment was. [1:47:34] It has to they can recommend it. They [1:47:36] can make the recommendation and then [1:47:38] it's up to the council. If they don't [1:47:39] rank, if they don't make that [1:47:40] recommendation, can the council make the [1:47:43] recommend can the council uh take a [1:47:45] directive into? [1:47:46] >> Yes, the council can still take a [1:47:47] direct. Yes. I never said anything about [1:47:49] taking the authority away from the [1:47:51] council. [1:47:52] >> So, they just make a recommendation to [1:47:53] the county council. Correct. To them. [1:47:55] >> They can do that anyway in this bill. [1:47:57] Joe, [1:47:57] >> that's I was [1:47:58] >> They can do it anyway. [1:48:01] >> Any other I was just going to say the [1:48:03] same thing. uh the commission can make [1:48:05] any recommendation up and down the pike [1:48:08] uh inclusive of dismissal of the uh of [1:48:11] the administrator. So that would just be [1:48:12] one of many things that they might uh [1:48:14] come to the council with or to the [1:48:16] executive with. [1:48:17] >> Do we spell that out in here? Is that [1:48:19] already spelled out? [1:48:20] >> It's not spelled out in there. No. [1:48:21] >> So what council is trying to say he's [1:48:23] trying to spell that out as a [1:48:26] >> a specific uh ability that the [1:48:29] commission would have. I don't think you [1:48:31] need I think you need a legislative bill [1:48:34] that says that a commission can make a [1:48:36] recommendation. That's what the [1:48:37] commission is there for. [1:48:38] >> That's that's why the the the commission [1:48:40] is even being established. [1:48:42] >> Okay. Whatever. [1:48:44] >> There's a motion to second on the floor. [1:48:45] All those in favor say I. [1:48:47] >> I. I. [1:48:48] >> Opposed. [1:48:51] » I don't remember what we're voting on, [1:48:52] but yeah. Okay. [laughter] [1:48:55] >> Yeah. J organization. I'll go opposed, I [1:48:57] guess. I don't know. It should be a [1:48:58] board. It should be an actual board. [1:49:01] >> They have no authority. You're putting a [1:49:03] board in there with no authority to do [1:49:04] anything or say anything. So, you're [1:49:07] wasting their time and everybody else's. [1:49:10] >> All right. Thank you, Joe. The amendment [1:49:11] fails by a vote, I believe, of five to [1:49:13] two. Josh. [1:49:14] >> Yeah. [1:49:14] >> Okay. All right. Thank you, Joe. Any [1:49:16] other um comments, questions, [1:49:18] discussions? [1:49:20] >> Yes, Josh. [1:49:21] >> I just want to say once again, this is [1:49:23] only a first step forward. [1:49:26] We need to get to that point where if [1:49:29] there's a if the county owns the [1:49:31] nonprofit, if that's what's happening, [1:49:33] then that does the nonprofit have a [1:49:35] board [snorts] who puts together the [1:49:36] strategic plan like that. None of this [1:49:39] gets us to that point where we know, [1:49:40] okay, here's our here's our path [1:49:43] forward. Here's what we need both on the [1:49:45] capital side as well as on the operating [1:49:47] side. Um, so this and this only this is only a bridge or a first step [1:49:52] into into something else, but this is [1:49:54] something that's going to have to [1:49:55] continue to be looked at and thought [1:49:56] through. And I think there should be a [1:49:58] broader um effort and I don't want to [1:50:01] say a commission because usually that's [1:50:02] what you put together. Uh, but there [1:50:04] needs to be a broader effort to try to [1:50:06] figure out, okay, how the heck do we [1:50:07] design something that makes sense for [1:50:10] the long term and that gets us to the [1:50:12] next 50 years or more? And um we're not [1:50:14] doing that in this in this legislation, [1:50:16] but this is just the step forward. [1:50:18] >> Yeah. Just acknowledging that. [1:50:20] >> Yeah. [1:50:21] >> So, this meeting lasted about a half [1:50:23] hour longer than the one in 2018, and [1:50:26] it'll probably be the same results. [1:50:28] Nothing. I don't agree. I don't agree at [1:50:30] all, Joe. But [1:50:32] [clears throat] that is your [1:50:33] prerogative. Um [1:50:35] so, all those in favor of legislative [1:50:38] bill 2026-11 [1:50:40] as amended, we'll say I. If you're in [1:50:42] favor, nay. If you are opposed, uh, it [1:50:45] will be a roll call vote. Uh, Councilman [1:50:47] Shields, [1:50:49] >> I. [1:50:50] >> Councilman Nettis, [1:50:51] >> I. [1:50:51] >> Vice President Merritt, [1:50:52] >> I. [1:50:53] >> Councilman Holloway, [1:50:54] >> I. [1:50:54] >> Councilman Hastings, [1:50:56] >> I. [1:50:56] >> Councilman W. [1:50:57] >> Uh, no. [1:50:58] >> No. Chair votes I. Legislative bill [1:51:01] 2026-11 [1:51:02] passes as amended by a vote of 6 to one. [1:51:07] Thank you all very much for uh all your [1:51:09] work. Thank you, Mr. Laken and thank you [1:51:12] uh Mr. Wilbur, [1:51:15] Mrs. Hurley. [1:51:16] >> Okay. Next on the agenda this morning is [1:51:19] resolution number 138-2026. [1:51:23] This is authorizing Clark Mosquito [1:51:25] Control Products, Inc. as a sole source [1:51:27] vendor for fiscal year 2027 for the [1:51:30] Clark Cougar ulv sprayer to be utilized [1:51:33] by Wakamico County Public Works. Um, [1:51:36] you'll notice behind the resolution [1:51:38] number is SM. That indicates that in [1:51:41] order for this resolution to pass, it [1:51:43] requires a super majority vote, meaning [1:51:46] five council members must vote in favor [1:51:48] of it for it to pass. And we have Amy [1:51:50] Kernodal here, our purchasing agent, and [1:51:52] Mr. Conrad Jones. Um, if you have any [1:51:55] questions. [1:51:56] >> A motion from council to approve [1:51:57] resolution 138, 2022. The move. [1:52:00] >> Second. [1:52:01] >> Any discussion? [1:52:03] >> All those in favor say I. [1:52:04] >> I. I opposed. Motion is carried. [1:52:07] Resolution passes unanimously. [1:52:09] >> Okay. Next is resolution number [1:52:11] 139-2026. [1:52:13] This is to amend the fiscal year 2027 [1:52:15] budget to donate $10,000 to the [1:52:18] Christmas Island project at the city [1:52:20] park. And I believe we have Pam Olen [1:52:22] here, our director of finance. [1:52:24] >> Pain a motion from council to approve [1:52:26] resolution number 139 2026. So move. [1:52:29] >> Second. Second. [1:52:30] >> Any discussion? Yep. I do. Joe is Miss [1:52:35] Olen's here. [1:52:36] >> I don't see her. [1:52:38] >> Maybe Mr. Leaken can address your [1:52:40] questions. [1:52:48] » Here she comes. Here she comes. [1:52:50] >> There she comes. Here she comes. [1:52:52] [laughter] [1:52:52] >> Thought you were getting away. [1:52:53] >> The delay was quicker than thought. [1:52:59] >> Pamelan, finance director. Sorry to put [1:53:01] you on the spot here, but um I asked [1:53:03] these questions last week and I didn't [1:53:04] get the satisfa satisfactory answers. Is [1:53:08] this um [1:53:10] it says a Christmas Island project in [1:53:12] the um what what does that is that on [1:53:15] you know? My understanding is that this [1:53:19] is in city park that um greater [1:53:22] Salisbury committee is working with a [1:53:24] company to uh kind of bring a lake [1:53:27] display to I think what is called picnic [1:53:31] island. [1:53:32] >> If I could briefly uh [1:53:35] Mike Mr. Mike Dunn he's the executive [1:53:38] director of the greater Salsbury [1:53:39] committee. Would you like to come [1:53:40] forward? So, I was asked to come up [1:53:43] [clears throat] with the amendment as to [1:53:45] how to fund it. I was not asked to [1:53:47] explain what it is. So, I will turn it [1:53:50] over to [laughter] [1:53:52] >> Mike Dunn as to what it is. [1:53:54] >> Thanks for being here today, [1:53:55] >> Mr. President. It's my pleasure to be [1:53:56] here. I'm Mike Dunn, president and CEO [1:53:58] of the Greater Salsbury Committee. Would [1:54:00] certainly be glad to answer any [1:54:01] questions you want me to try to take [1:54:03] that question. [1:54:04] >> It was originally going to be in Picnic [1:54:06] Island. Um the city of Salsbury is doing [1:54:10] a city park master plan and it's going [1:54:13] from Snow Hill Road starting there and [1:54:16] ending up on Picnic Island. So now we [1:54:19] have moved the design and everything [1:54:21] that Pam represented um to the area [1:54:24] around the band stand, the new bridge [1:54:29] and the the footpath that goes down [1:54:31] towards Snow Hill Road. Then you'll come [1:54:33] across that Snow Hill Road bridge and [1:54:36] circle back to the other bridge. So it [1:54:39] will be that little circle area. That's [1:54:40] where [snorts] all of this will happen. [1:54:42] >> The new the um the walk brid the walkway [1:54:45] bridge isn't repaired yet. Will that be [1:54:47] done in time? [1:54:48] >> It Yes, it's being repaired as we speak. [1:54:50] >> What's the total cost of all this? [1:54:52] >> Yeah. The invoice to Moscow Design [1:54:54] Company. Um they they created Winter [1:54:57] Festive Lights in Ocean City. It's [1:54:59] $211,000. [1:55:02] >> Okay. And where's most of the money [1:55:03] coming from? [1:55:04] >> Um, Greater Salisbury Committee is [1:55:05] raising it. [1:55:07] >> The Greater Salsbury Committee. [1:55:08] >> Yes, sir. [1:55:09] >> 211,000. [1:55:10] >> Yes, sir. [1:55:10] >> They're raising it. [1:55:11] >> Raising it. [1:55:12] >> They're fundraising. [1:55:12] >> Sorry. Fundraising. [1:55:14] >> Don donors and sponsors. [1:55:15] >> Uh-huh. Donors and sponsors. Um, [1:55:18] >> and then we will be, just so everybody [1:55:20] knows, we will then be turning over, [1:55:23] we're doing the purchase and then we're [1:55:26] through anou we will be um dedicating [1:55:29] and turning all those lights over to the [1:55:31] city of Salsbury. They will um uh store [1:55:35] them and then put them up each and every [1:55:37] year. [1:55:38] >> Um, what was the um [1:55:44] inind donation from the county? Uh, I [1:55:47] believe Recken Parks is helping with um [1:55:51] some of the setup. [1:55:52] >> Yeah. And some of the programming. So on [1:55:54] the this opens on the Saturday after [1:55:58] Thanksgiving and it will be open every [1:55:59] single night. And on the weekends [1:56:02] between Thanksgiving and Christmas, [1:56:04] we're trying to create a little holiday [1:56:06] magic in the city park. And Wamico [1:56:09] Reckon Parks is helping us with the [1:56:11] programming that will happen on those [1:56:14] weekends. So on the Friday and Saturday [1:56:16] night between 5:00 and 7:00 there [1:56:19] [snorts] will be a stage wreck and parks [1:56:21] we're going to use their stage. There [1:56:23] will be snowball fights, there will be a [1:56:25] train for kids, there will be Santa um [1:56:28] food trucks and things like that. So the [1:56:30] inind from Wycom reckoning parks comes [1:56:33] in that programming aspect of things. [1:56:35] >> What's the value of that? [1:56:37] >> Until I see the programming and how many [1:56:40] people I can't give you that answer. So, [1:56:42] like until an actual schedule is set up [1:56:44] and how many people we're bringing in, [1:56:47] I I can't answer that. [1:56:49] >> I can attempt to answer that for you, [1:56:50] Mr. Holloway. Um, that'll be 2 hours per [1:56:53] night that they will be helping the [1:56:55] program. So, that's seven um nights of [1:56:58] two hours. That's 14 hours of inind [1:57:02] um on Recken Park's part during the [1:57:05] event itself. Obviously, there's some [1:57:06] planning and things like that in [1:57:08] advance. [1:57:08] >> How about the initial setup? How much [1:57:10] time will that be? Yeah, the the Moscow [1:57:13] design company from North Carolina. Um [1:57:15] they will be bringing one person up and [1:57:18] we've met with Wakamako Reck and Parks. [1:57:21] We may be using um [clears throat] [1:57:23] inmate labor that was used also um [1:57:26] during the recent setup at Wakcomo [1:57:28] County Fair and then the city of [1:57:30] Salsbury will be bringing some of their [1:57:34] um employees to learn the setup and then [1:57:37] to learn how to break it down. But the company out of North Carolina that [1:57:41] is designing all of this, they will be [1:57:43] up here to supervise, if you will, and [1:57:45] to show how the installation occurs. [1:57:48] >> Been to the one in Ocean City. really [1:57:49] nice and uh I think it's great that [1:57:51] we're having this in Salsbury, but I [1:57:53] really have a heartburn about using [1:57:55] taxpayers dollars, especially [1:57:57] >> if it's going to be Salsbury's event and [1:58:00] Salsbury is going to control the event [1:58:02] after it's all set up and all the [1:58:04] product goes to Salsbury and um you know [1:58:07] and um [1:58:10] in the past uh we turned down money [1:58:12] going to the folk festival and we shore [1:58:16] up you know we turned down uh money for [1:58:19] them when they wanted to u tipping fees [1:58:22] um excused for some excuse me tipping [1:58:25] fees excused um [1:58:29] I I guess I'm wondering why [1:58:32] Greater Salisbury committee and raising [1:58:34] all the money why'd you come to the [1:58:35] county for $10,000 [1:58:36] >> well uh because the Greater Salisbury [1:58:38] committee exists in Salsbury to do good [1:58:41] in and around Salsbury and [snorts] last [1:58:43] time I checked Salsbury is in Wcomako [1:58:45] County so that's why we're here [1:58:48] >> Dave uh Just to piggy back on that [1:58:50] thought, within parks and wrecks, they [1:58:52] tourism. Is this considered to be a [1:58:54] tourism uh [1:58:57] >> and and in that same regard, are we [1:58:58] trying to steer some of the throngs that [1:59:00] go over to Ocean City to Winter [1:59:02] Wonderland, Wcomo County, and to eat in [1:59:04] our restaurants and etc. Absolutely. [1:59:07] That was a softball question. [1:59:08] >> No, thank you, Mr. Andis. that that's [1:59:11] look why why are we doing this to be [1:59:13] honest um this recent conversation being [1:59:16] example and I applaud every member of [1:59:18] the council for the last hour and a half [1:59:20] and how you all conducted yourself and [1:59:22] everybody in here things have been a [1:59:24] little deep around here a little heavy [1:59:26] and so we need to create and bring some [1:59:29] holiday magic into Wcomamako County and [1:59:33] the Salsbury city park is right in the [1:59:35] heart of Wcomamako County uh Mr. Dennis, [1:59:38] to your point, uh, this is I I want to [1:59:41] point out also this is a free event. If [1:59:44] you get in the car to go to Ocean City [1:59:46] or you get in the car to go to [1:59:48] Shelville, you're paying money. You're [1:59:50] spending a night out in Ocean City or in [1:59:53] Lewis. And we believe conservatively [1:59:56] there will be 5,000 people who come and [1:59:58] visit on those seven nights. So you're [2:00:01] talking families getting in a car, [2:00:03] making [laughter] a a shopping night out [2:00:05] of it, perhaps a restaurant night out of [2:00:07] it, increasing economic activity in [2:00:10] Wcomamako County as a and we're not [2:00:12] competing with Ocean City to be clear. [2:00:14] What they do is fabulous, but we're [2:00:17] trying to create something that is free [2:00:19] for the people of Wcomamako County to [2:00:21] enjoy holiday magic here as opposed to [2:00:24] elsewhere. [2:00:25] >> With me if we compete with Ocean City, [2:00:27] >> noted, [laughter] but a second. Was [2:00:29] there any thoughts of taking this money [2:00:30] from um [2:00:32] >> um tourism the tourism did you contact? [2:00:35] >> So uh again the decision um to do the [2:00:38] $10,000 this way was because we were [2:00:41] already taking from the rec park parks [2:00:43] and tourism budget by um the staff time [2:00:47] that is going to be donated. So they are [2:00:50] already making a donation of dollars um [2:00:54] coming out of a budget that we're not [2:00:56] asking for a budget amendment for. We're [2:00:58] not asking for any other dollars from [2:00:59] it. We are asking for um the straight [2:01:04] dollars to come out of the contingency [2:01:06] general fund versus coming out of the [2:01:09] department that is already um providing [2:01:11] a dollar a a dollar donation in in kind [2:01:16] labor. [2:01:17] >> We don't know how much that is. [2:01:18] >> No, but again it's not going to be one [2:01:22] person for 14 hours. I mean it is it is [2:01:25] going to be it is going to take a [2:01:27] part-time staff to do this and um it is [2:01:32] going to take time to program. It is [2:01:34] going to take time to um create the [2:01:36] programs that are happening and it is [2:01:39] not like we're going to just say oh it's [2:01:41] open from 5 to 7 and nobody is going to [2:01:43] be there to help run that. So again, um, [2:01:47] until everything is written down and we [2:01:50] know we're having seven people, 14 [2:01:53] people, 20 people, I I can't answer [2:01:56] those questions, but I can tell you that [2:01:58] we are already providing um through that [2:02:01] department a donation and as such we [2:02:04] felt that the contingency was the best [2:02:06] place and community promotions was the [2:02:08] best place to uh put the dollar amount. [2:02:12] >> Jeff, do you have a question? Actually, [2:02:14] you've already answered it. Um, [2:02:16] >> I was going to ask about the community [2:02:18] impact. You say about 5,000 people. [2:02:20] >> Well, that's Yeah, on a conservative [2:02:22] basis. And remember, that's just on [2:02:24] those weekend nights. These lights will [2:02:26] be up, uh, from the Saturday night, uh, [2:02:29] after Thanksgiving through New Year's. [2:02:31] And so, uh, these are interactive. So, I [2:02:34] can see hundreds upon hundreds of people [2:02:36] going down there for free to get photo [2:02:39] opportunities, selfie opportunities with [2:02:41] their family. Um, one of the things that [2:02:44] in kind that Wcomo Reck and Parks, we [2:02:47] just had the Greater Salsbury Committee, [2:02:49] we had our uh, general membership [2:02:51] meeting at the civic center yesterday so [2:02:53] that we could see the renovations and we [2:02:55] enjoyed um, the new space and among the [2:02:59] things that Wreck and Parks will be [2:03:00] doing, they have a 42,000 person email [2:03:04] list and so they'll be using the [2:03:06] billboard, they'll be promoting it on [2:03:08] all their social media as will the city [2:03:10] of Salsbury. So again, we're we're [2:03:13] optimistic that this is going to be this [2:03:15] is actually a good and easy thing for [2:03:17] the community and we're looking forward [2:03:19] to bringing it. [2:03:21] >> Um let's take this to a vote. All those [2:03:23] in favor of resolution 139, 2022, say I [2:03:27] >> opposed. Motion is carried. Resolution [2:03:29] passes unanimously. [2:03:30] >> Thank you, Mr. Thank you, council. [2:03:33] >> Next is a submission of Judy Coun as or [2:03:36] Judy Couns as director of public works [2:03:38] by Mr. Steven Leak. [2:03:51] Good afternoon, Mr. Leak. It is [2:03:53] afternoon. Good afternoon. [2:03:55] Um, Steve Laken, assistant director of [2:03:58] administration. I'm here today uh to [2:04:01] present to you the county executive [2:04:02] recommends the appointment of Judy Coun [2:04:06] to serve as director of public works. [2:04:08] and I'm formally submitting her [2:04:09] credentials for your consideration. The [2:04:11] Wcomo Department of Public Works is [2:04:13] committed to enhancing the quality of [2:04:15] life for our citizens uh by striving to [2:04:18] plan, construct, and maintain the [2:04:19] county's public works infrastructure. [2:04:22] >> Thank you, Mr. Le. [2:04:24] >> Next is the submission of an appointment [2:04:26] to the board of library trustees. [2:04:28] >> County executive recommends the [2:04:30] appointment of Zachary Meyer to the [2:04:31] board of library trustees, and I'm [2:04:33] formally submitting his credentials for [2:04:35] your consideration. The board sets [2:04:37] policies and procedural guidelines for [2:04:39] the library and oversees proposed and [2:04:41] approved budget operations. [2:04:44] Okay. [2:04:44] >> Before use resolution number 140-2026. [2:04:48] This is confirming the appointment of [2:04:49] Zachary Meyer to the board of library [2:04:52] trustees. [2:04:54] >> Entertain a motion from council to [2:04:55] approve resolution 14026. [2:04:58] Second. Second. [2:04:59] >> Discussion. All those in favor say I. [2:05:01] >> Opposed? Motion is carried. Resolution [2:05:04] passes unanimously. or two. [2:05:05] >> That's all I have, Mr. President. [2:05:07] >> Thank you. Thank you, Mr. Leak. [2:05:08] >> I speak too early. [2:05:12] >> Okay. Thursdays. [2:05:15] >> Dr. Hersburgger. How are you? Good to [2:05:17] see you. Thank you for being here. [2:05:19] >> I'll share. You might have to. [2:05:23] >> Good afternoon, Council President [2:05:24] Cannon. Wakamo County Council. My name [2:05:27] is Andre Chhatel. I'd like to present [2:05:29] resolution 141206. [2:05:31] Um on the agenda it says accepting the [2:05:33] solid waste billing report. Um in the uh [2:05:37] brief book I think it says acknowledging [2:05:40] um instead of accepting. So [2:05:43] >> thank y mutil entertain a motion from [2:05:46] council to approve resolution 1412026 [2:05:49] moved. [2:05:50] >> Second [2:05:51] >> discussion. [2:05:53] You want to elaborate any on some of the [2:05:55] particulars of it miss? [2:05:56] >> Yes yes yes please. Thank you. Um so the [2:05:59] focus of the exercise was to evaluate [2:06:00] the adequacy of controls for the solid [2:06:03] waste division billing practices. Um and [2:06:06] so the objectives were to evaluate the [2:06:08] controls designed to manage risks [2:06:10] related to reporting accurate reliable [2:06:12] information compliance with policies [2:06:15] efficiency uh sorry effectively and [2:06:18] efficiently using resources and of [2:06:19] course to make recommendations. Um I [2:06:22] concluded the program design was [2:06:23] satisfactory and I had four uh finding [2:06:26] areas or headings. Um and uh the four [2:06:30] were county code development for finance [2:06:33] charges, county code development [2:06:35] permits, munis journal entry procedures [2:06:38] um pricing system controls. That last [2:06:41] one was partly remediated. Additionally, [2:06:43] there's an appendix with a table that um [2:06:46] was based on a price list provided to me [2:06:48] by the solid waste management and [2:06:50] management did provide a response. Um [2:06:53] there's additional information in the [2:06:55] report and um a special thanks to all [2:06:58] the departments and staff that helped [2:06:59] with the project and um I would post it [2:07:02] if you approve it and um or acknowledge [2:07:05] it and I'll be glad to answer any [2:07:06] questions you have. [2:07:08] >> Questions from anybody? [2:07:10] >> I've got one. I I don't know if you can [2:07:12] answer this or not. You made reference [2:07:13] to rental revenue that was not tested, [2:07:16] which is probably fine. What uh what [2:07:19] revenue what are we renting? Do you [2:07:22] know? [2:07:22] >> Yeah. [laughter] And and I did test the rental revenue a little bit. Um but [2:07:26] then I was uh asked to um not uh discuss [2:07:30] it further because of ongoing legal um [2:07:34] concerns. [2:07:36] So, um, it might be something that would [2:07:38] be for a close session to to go into. [2:07:42] >> That's good enough answer for me. [2:07:44] >> Okay. [laughter] [2:07:45] >> Then there were concerns about pricing [2:07:47] issues and and and uh permits [2:07:50] >> and not you know their confusion on [2:07:53] exactly how much they were charging for [2:07:54] some permits and other permits and then [2:07:56] there were journal entries as well which [2:07:58] were a little bit confusing. Do you feel [2:08:00] comfortable that that's being resolved [2:08:02] through your process? [2:08:03] >> Yes. So for the journal entries I think [2:08:05] there was a process change and um a and [2:08:10] what what I caught the external auditor [2:08:13] also caught. So um you know it's not [2:08:15] necessarily my finding per se. So so [2:08:17] mine is more about like the delay in the [2:08:19] processing rather than that doing it [2:08:21] because the the external auditor did [2:08:22] make that recommendation to them and [2:08:24] they did uh adjust um and do a journal [2:08:27] entry. So there was something about [2:08:28] where they enter the information into [2:08:30] the system and then there's a separate [2:08:32] process for uh posting and releasing and [2:08:36] so forth and so finance couldn't see [2:08:37] what solid waste had been doing [2:08:39] basically. So uh for that recommendation [2:08:42] um [2:08:44] it's you know to update the policies and [2:08:46] procedures for entering and then um [2:08:49] releasing those journal entries so that [2:08:51] finance can see them. I think I think [2:08:53] that one was fairly harmless. Um the the [2:08:57] pricing system controls one. Um there were some updates to the county [2:09:03] code. Um and so I think part of the [2:09:06] county code updates were were there. Um [2:09:10] and so then there was also separately a [2:09:13] communication concern between the brush [2:09:15] pile and the scale house. Uh so for for [2:09:18] the communication one of course uh [2:09:20] training the scale house and brush pel [2:09:22] as needed on required communication that [2:09:25] there could be other enhancements to the [2:09:26] communication um but it wasn't something [2:09:29] I did a costbenefit analysis on so I [2:09:31] didn't include in the report so maybe [2:09:33] communication tools but I think that's [2:09:35] something for management's discretion um [2:09:37] on the tools that they use to improve [2:09:38] that communication. [2:09:41] All those in favor of resolution 1412026 [2:09:44] say I oppos. [2:09:46] >> Motion's carried. Resolution passes. [2:09:51] >> All right. Um okay. I also have [2:09:53] resolution 142 2026 approving the job [2:09:56] description of the internal audit [2:09:59] volunteer intern. Um and in in what in [2:10:03] this resolution there um are some other [2:10:06] um exhibit items um including a memo um [2:10:10] and uh uh research items on where [2:10:13] interns are paid, when do they have to [2:10:15] be paid um and uh the the information in [2:10:19] this one I think is also relevant to the [2:10:21] next resolution. Council [2:10:25] approve resolution 142 20226 move [2:10:28] >> second discussion. [2:10:30] >> Um yeah I do [2:10:33] >> yeah this is growing government. Here we [2:10:35] go again. Um do you have a letter from [2:10:37] the internal audit committee supporting [2:10:39] this? [2:10:41] >> I I might have in the past. I'm not 100% [2:10:46] sure. Um, [2:10:48] >> I wouldn't think it would should even [2:10:49] come to the table unless you have a [2:10:50] support from your internal audit [2:10:52] committee. [2:10:52] >> As well as for the volunteer one, [2:10:54] >> pardon [snorts] me. [2:10:54] >> As well as for the volunteer one. [2:10:57] >> This the first one is the volunteer. [2:10:58] This is the paid one. [2:10:59] >> The second one's the paid one. [2:11:01] >> Oh, I thought Well, [2:11:02] >> there's either one. I mean, you should [2:11:04] have a letter of support from your audit [2:11:06] committee for either one of them, [2:11:07] shouldn't you? [2:11:08] >> Really? [2:11:09] >> There's a volunteer. [2:11:11] >> It's just a volunteer. [2:11:13] >> Uh, resolution 142 is the volunteer. [2:11:15] Yeah. The f the first one's for the [2:11:16] volunteer intern. The second one's for [2:11:18] the paid. [2:11:18] >> Well, you should you should you should [2:11:19] have letters of support for either one. [2:11:21] Do you have a letter of support for [2:11:22] either one? [2:11:24] >> I' I've discussed it at the audit [2:11:25] committee meeting. I don't I don't know [2:11:26] if I have specifically. I might have had [2:11:29] one in the past that I present. I can't [2:11:31] remember right now. Um [2:11:33] >> let's I'll make a motion that we um [2:11:36] postpone this until we get an opinion [2:11:39] from the audit committee. [2:11:40] >> Second. [2:11:41] >> I'll second that. [2:11:41] >> Motion second. All those in favor say I. [2:11:43] >> I. I [2:11:44] >> opposed [2:11:45] >> post [2:11:47] opposed motion uh to postpone fails by a [2:11:50] vote of five to two. [2:11:53] >> Uh Mr. Tail, any any other information [2:11:55] you want to spot? [2:11:56] >> Yeah. Uh so we had a discussion before [2:11:59] and and just to clarify, I I thought at [2:12:01] that prior discussion that it was just I [2:12:03] was going to do research on not and and [2:12:05] so I apologize I didn't have a a letter, [2:12:08] but I I did get various intern [2:12:11] descriptions, job descriptions. Um I [2:12:13] also got the letter from or the email [2:12:15] from uh HR um regarding the whole paid [2:12:19] and and unpaid status. So essentially if [2:12:22] a intern is paid or is is is unpaid they [2:12:27] can't really do I believe they can't [2:12:29] really do um [2:12:32] work that would take away from a regular [2:12:34] paying job. And so um there's some [2:12:37] differences between this resolution [2:12:39] description and then 143 for the the [2:12:42] paid intern. Um for instance where [2:12:48] sorry let me find I highlighted in okay [2:12:51] so uh for the unpaid they would review [2:12:53] documents whereas the paid intern would [2:12:56] like edit potentially write documents. [2:12:59] Um there's uh [2:13:03] close supervision for the volunteer one. [2:13:06] Uh there would still be supervision, but [2:13:08] it maybe wouldn't be as close for the um [2:13:10] the paid intern. Um and then there's um [2:13:16] a little bit more knowledge requirement [2:13:18] for the paid intern. [2:13:20] Um so [2:13:22] >> I think a point of of clarification [2:13:24] here, these motions aren't to hire these [2:13:26] individuals. These motions are to create [2:13:28] and approve the job description. [2:13:30] >> Correct. Correct. [2:13:31] >> So before any of this goes any further, [2:13:34] especially before we're going to expend [2:13:35] any funds, that would come back to the [2:13:38] council. This is simply just to approve [2:13:39] the job description that the internal [2:13:41] order has put together for the council. [2:13:43] >> Correct. So So when I come uh so when I [2:13:45] prepare the budget for my uh unit or [2:13:48] subunit, um [2:13:51] at that time I could have a letter from [2:13:53] the audit committee if you if you would [2:13:54] like that. so that when you have your budget numbers from me that it also [2:13:59] says I want this intern and here's the [2:14:01] letter for that next fiscal year. Um and [2:14:03] then we can discuss later on perhaps the [2:14:07] process of you know who would be the uh [2:14:10] person interviewing? Would it just be [2:14:11] me? Would it be me and the council [2:14:12] member? Several members of the council [2:14:15] in um in interviewing for the intern. I [2:14:18] feel like an unpaid intern I I would [2:14:20] like to have a little bit more leeway, [2:14:22] but for the paid one, absolutely. Um, [2:14:24] you know, having whatever you guys feel [2:14:26] appropriate for who interviews and [2:14:28] selects the intern. [2:14:29] >> I feel like we're discussing uh the job [2:14:31] position for a $160,000 job. This is [2:14:34] just [laughter] a freaking intern. [2:14:36] >> Yes. [2:14:37] >> With it goes to that's a student. And if [2:14:40] we want students to be able to be that, [2:14:42] you know, stronger, then they got to go [2:14:44] and start in some sort of situation. So, [2:14:46] this is just an unpaid intern. Yes. [2:14:48] >> We don't need to throw the book at them [2:14:49] that they have to go and doing every [2:14:50] single thing. You know, this is just [2:14:52] simply let's get someone in the door, [2:14:53] help them learn. So hopefully one day [2:14:54] they work for the county and provide [2:14:55] value back to us. [2:14:56] >> Yeah. And and just to remember uh this [2:14:58] position that I'm currently in was [2:14:59] vacant for a while. Part of that might [2:15:01] be that we don't have a lot of [snorts] [2:15:04] people experienced in uh internal audit [2:15:07] on the Eastern Shore. And so having that [2:15:10] people interested in this uh for future [2:15:14] people to eventually take over. I'm not [2:15:15] trying to leave today, you know, [2:15:16] [laughter] but but you know that we have [2:15:18] people that have some experience so that [2:15:20] when they can come into a role, a more [2:15:23] permanent role that they've they've had [2:15:24] that. Yeah. [2:15:25] >> Take this to a vote. All those in favor [2:15:26] of resolution 142 2026 say I [2:15:29] >> opposed. Motion is carried. Resolution [2:15:31] passes unanimously. [2:15:33] >> Thank you. Uh and then for 143 approving [2:15:36] the uh job description for the uh paid [2:15:41] intern. I don't if I'm saying this yeah [2:15:43] for the paid intern motion council to [2:15:45] approve resolution 143 20226 move [2:15:48] >> second [2:15:49] >> discussion [2:15:50] >> all those in favor say I [2:15:52] >> opposed motion is carried resolution [2:15:54] passes [2:15:55] >> I sincerely thank you all very much for [2:15:57] this [2:15:57] >> thank you thanks for taking the [2:15:58] [laughter] time to put together you had [2:16:00] a grants audit update [snorts] [2:16:02] >> yes I do all right um so I put a memo in [2:16:05] the uh brief book for you uh there was [2:16:07] an entrance conference for the grants [2:16:09] audit on August 10th among Among other [2:16:12] things, I've received the uh Wakamo [2:16:15] County Grant Administration manual dated [2:16:17] April 1st, 2026. Um grant list from uh [2:16:21] both the Department of Aviation, also [2:16:23] called the airport, and Department of [2:16:25] Planning, Zoning, and Community [2:16:26] Development. [snorts] Um I've selected [2:16:28] grants for potential testing. And I have [2:16:30] received other documents, by the way. [2:16:32] These are just some of the ones I I [2:16:34] mentioned in the memo. Um, we also had a [2:16:36] meeting um, since this memo where I said [2:16:40] I requested the meetings. Um, I have had [2:16:42] a meeting with the airport. Um, [2:16:45] everybody agreed I could say it was a [2:16:46] productive meeting. Um, or I believe [2:16:48] they agreed that I could say it was a [2:16:50] productive meeting. Um, and uh, I'm here [2:16:53] to answer any other questions you may [2:16:54] have on that. [2:16:57] >> Just uh, I think you just said it so [2:16:59] smooth sailing so far versus some of the [2:17:01] past recent past history. You'd say? [2:17:03] >> Yeah. Yeah. I I think that having the [2:17:06] meccing uh finance in [2:17:10] I think this is really helping a lot [2:17:12] with all audits. [2:17:14] >> Okay. It was just CCing that department [2:17:16] that opened up everything. [2:17:19] >> Good, good, good. [2:17:22] >> Well, thank you very much. We appreciate [2:17:23] being here. [2:17:24] >> Thank you. Before we go into public [2:17:26] comments, I know there's some people [2:17:27] here to um uh probably for the mobile [2:17:30] home park uh work session, but there [2:17:32] will be a half hour recess after public [2:17:34] comments, just so you're aware of that. [2:17:36] Okay, we're I know we're going late, but [2:17:38] we go late often. I apologize for that. [2:17:41] At this time, we open the floor for [2:17:43] public comments. If you have any [2:17:44] comments that you'd like to make, please [2:17:45] come to the podium. Please state your [2:17:46] name, your county of residence, and your [2:17:48] concerns. Tim [2:17:55] Jim Atkins, Waggamo County. Uh it's good [2:17:58] to hear that the auditor is having a [2:18:01] little more success uh with her audits. [2:18:03] However, uh looking at at some of the [2:18:07] information that she supplied to the [2:18:09] council, there are uh some things in [2:18:12] there that I think we should be worrying [2:18:15] about. Uh one of them uh since this was [2:18:18] an audit of public works, [2:18:21] the statement that was made in the audit [2:18:25] because of inherent limitations in [2:18:28] internal controls, [2:18:30] errors or fraud may still occur and go [2:18:33] undetected. [2:18:36] Public works fraud, how could that ever [2:18:39] happen? You know, it's just But we're [2:18:42] still doing it. [2:18:44] Uh, I'm sorry if I'm boring any council [2:18:47] members that want to text rather than pay attention to the community. [2:18:52] Uh, [2:18:54] second part, solid waste billing and [2:18:56] data policies, [2:18:58] procedures overview states if an invoice [2:19:01] is not paid within 30 days, a finance [2:19:04] charge is applied to the account. [2:19:08] However, it says that the [2:19:13] management discussed with the internal [2:19:15] auditor the difficulties recouping [2:19:17] finance charges from some customers. [2:19:20] During fieldwork, management learned [2:19:23] that policy is added finance charges. A [2:19:25] bill is not paid in 60 days rather than [2:19:29] in 30, but there are difficulties [2:19:32] recouping the finance charges. [2:19:35] How are these people still dealing with [2:19:37] the county if they don't pay their bill? [2:19:40] How are they pulling their trucks into [2:19:42] the landfill if they're not paying their [2:19:44] bill? Stop them at the guard shack and [2:19:48] tell them when you bring us a check, [2:19:50] we'll let you come back. Why is the [2:19:53] county have such a problem collecting [2:19:55] money? [2:19:57] So, let's work on that. Uh, one of the [2:20:00] other concerns I have is that it keeps [2:20:04] coming up in council meetings that we [2:20:07] should have closed sessions. [2:20:10] in in in my [2:20:13] understanding should deal with personnel [2:20:15] issues, [2:20:16] legal issues, [2:20:18] and possibly the purchasing of property [2:20:22] by the county, which it makes sense. [2:20:26] But there shouldn't be as many proposed [2:20:28] closed meetings. [2:20:30] We hear so many times from this council [2:20:33] table transparency, [2:20:36] but let's have a closed meeting. The [2:20:39] public has a right to know what the [2:20:42] county is spending money on. If county [2:20:46] is being wasted, [2:20:48] if council members are spending money [2:20:51] for lodging [2:20:53] when they shouldn't be spending money [2:20:55] for lodging, the public has a right to [2:20:57] know that. That's not closed meetings. [2:21:00] Keep it open. Keep it transparent. Thank [2:21:03] you. [2:21:04] >> Hey, Mr. Atkins. [2:21:08] » Again, my name is Mary Ashanti. um back [2:21:12] to the emergency [2:21:15] um [2:21:17] act that was signed and thank you for [2:21:20] that. But I have a my question one of my [2:21:23] question is is when will the information [2:21:27] go out to the public soliciting profile [2:21:31] a res resume uh for people that want to [2:21:34] serve on that committee. and who will [2:21:38] the resume or profile go to? Um, [2:21:43] one of the things that I want to [2:21:45] recommend [2:21:47] that the county council get also get a [2:21:50] copy of that those resumes [2:21:55] and not just one, [2:21:58] not just the county executive. I think [2:22:01] you both should get a copy of it because [2:22:04] um past history some resumes are tabled [2:22:09] or whatever until we ask question as to [2:22:12] what happened to them. So that causes [2:22:15] delay. Um [2:22:19] so [2:22:21] I have something else but another time [2:22:25] [laughter] [2:22:27] » I'll hold her there. [2:22:35] » [laughter] [2:22:36] >> It's really hard to follow that up. I'm [2:22:38] sorry. I'm hungry, too. Just so you [2:22:41] know, uh Joe White, Wcomaku County, uh [2:22:44] back on August 4th, uh this council [2:22:47] passed a one-year moratorum on data [2:22:49] centers. And uh at that time there was [2:22:52] some talk about I I know we're we're [2:22:54] going starting the comprehensive plan [2:22:57] back up, but there was some talk about [2:23:00] where the weak points might be. One year [2:23:03] in in the sense of planning happens [2:23:06] pretty fast and by the time this council [2:23:07] meets again, we'll we'll be down to 10 [2:23:10] months. Uh on September 3rd, Worcester [2:23:14] County Planning Commission was set to [2:23:17] hear a text amendment [2:23:19] to to change some of their code that [2:23:23] would allow the landing site for uh data [2:23:27] wires coming in from AWS from across the [2:23:29] Atlantic. It was taken off after uh [2:23:33] there was known there was opposition. [2:23:36] And uh I think this ties into Wakcom [2:23:38] County because it has been said and I've [2:23:40] said it here before that they do have [2:23:43] technology now that can take those wires [2:23:45] and bore them several miles underground [2:23:48] within the eastern limits of Wcomaku [2:23:51] County. And as fast as that technology [2:23:53] advances it may be sooner than later [2:23:55] they could be anywhere on the Eastern [2:23:57] Shore. [2:23:59] My concern is on Wednesday, September [2:24:02] 2nd, there was a Tri County Council [2:24:05] meeting and it was a presentation by [2:24:06] Maryland Broadband. Um, I'm not against [2:24:09] Tri County Council by any stretch, but [2:24:11] it wasn't a normal night for their [2:24:13] meeting and I know some some folks who [2:24:14] are on this council weren't able to be [2:24:16] there. Here's what I'm asking. I know [2:24:19] this council only has a couple months [2:24:21] left, but you're going to have a new [2:24:23] council and they're going to have a lot [2:24:24] on their plate and we've listed those [2:24:26] things and nursing homes going to be one [2:24:28] of them now. But let's have a work [2:24:30] session with Maryland Broadband. I've [2:24:32] looked them up. They're a 501c12. [2:24:36] I don't know what that is and I'm in [2:24:37] business and we talked about what's a [2:24:39] nonprofit earlier. Their founding [2:24:41] members are different tri county [2:24:43] councils amongst the state. My [2:24:46] understanding, and again, I'd rather [2:24:48] hear this from them, there's a lot of [2:24:50] money on the table. Whenever there's a [2:24:52] lot of money, I think the taxpayers [2:24:54] should be informed before this comes to [2:24:56] a council, any council, with a time [2:24:59] stamp. Oh, we have to have this done in [2:25:01] the next 30 days or it's not going to [2:25:03] happen. That has always led to us making [2:25:08] worse decisions and better decisions. So [2:25:10] my ask is that in October we invite [2:25:13] Maryland broadband here to do our work [2:25:15] session for you similar to the one they [2:25:17] did to the Tri County Council so that [2:25:20] the public can hear what what it is [2:25:22] they're working on so we know. Thanks. [2:25:35] » Mike Goldberg, Y Comico County. It's [2:25:38] lunchtime. I'll try to keep my comments [2:25:39] to under three hours. [laughter] [2:25:43] Cell 7 at the landfill. Substantial [2:25:46] completion was supposed to have been [2:25:47] achieved or is represented to us that [2:25:49] substantial completion would have been [2:25:50] achieved by August 17. Uh here we are [2:25:54] September 15th almost a month late. Um [2:25:57] this concerns me because we know that uh [2:26:01] there is all kinds of different [2:26:03] information coming in with regard to the [2:26:05] design schedule that um held up the [2:26:09] project for going out for construction [2:26:11] bidding. Um, we know that the county [2:26:15] executive was no less than 18 months [2:26:17] late in starting this process and this [2:26:20] was such a critical issue that the [2:26:23] executive had proposed that we would [2:26:25] shut down the landfill incrementally [2:26:28] which would not have reduced the volume [2:26:30] of trash going into the landfill. It [2:26:32] only would have created the backup. Um, [2:26:35] so, uh, I remain concerned that we're [2:26:38] going to wind up, uh, painting ourselves [2:26:41] into a corner and not having the reserve [2:26:44] space. I don't know. We haven't heard [2:26:46] anything from public works. Um, I hope [2:26:48] that the county council will compel the [2:26:51] Department of Public Works to appear [2:26:53] before this council in the very near [2:26:55] future so that we can get an update on [2:26:58] the status of construction of cell 7 so [2:27:00] that we don't have a problem in the [2:27:02] future. And it would also be very [2:27:04] interesting to know what the status is [2:27:05] of the next dredge uh project in the [2:27:08] Wcomo River. That's all. Let's eat. [2:27:10] Thanks, Mr. Goldberg. [2:27:13] >> Any other comments? [2:27:17] Seeing none, council comments. [2:27:20] >> I just want to say I'm happy that we [2:27:22] passed the emergency um legislation for [2:27:25] the nursing home. I also suggest I see [2:27:29] um Tracy here that um the concerns is [2:27:32] the facility itself. We have a building [2:27:36] inspector and also a code in uh [2:27:39] enforcement. I would suggest to save [2:27:42] money instead of hiring a outside force [2:27:46] for the staff that we have here to go [2:27:50] into the building and go piece by piece. [2:27:54] you're not going to be able to do it all [2:27:55] in one day, but to look at things that [2:27:58] have to be fixed, [2:28:02] um, roofing, heating, plumbing, holes in [2:28:06] the walls, whatever it is to bring that [2:28:09] and bring that before [2:28:12] a planning committee or commission, what [2:28:14] needs to be done so people can figure [2:28:15] out what it's going to cost to get these [2:28:18] things prepared. That's one suggestion. [2:28:21] And um I'm just happy to see that people [2:28:24] came out in the morning and we have the [2:28:27] work session with these folks and I hope [2:28:30] we can fix your concern hopefully. Um [2:28:35] but um I'm just glad to see everybody [2:28:37] and I'm happy with the outcome of the [2:28:40] legislation. [2:28:46] » Okay. Any other council comments? [2:28:50] I I did attend the Tri County Council [2:28:53] meeting that you referred to, Mr. White, [2:28:55] and uh Broadband did make a presentation [2:28:57] and I support that idea of having them [2:28:59] come here. I actually had thought about [2:29:00] that. You uh stole my thunder, but [2:29:03] they're doing some amazing work. I do [2:29:05] agree with your comments as far as [2:29:06] there's a lot of money. Uh I I believe [2:29:08] well, as you mentioned, I don't recall [2:29:10] the numbers. They are a nonprofit, I [2:29:12] think. Uh but there, you know, certainly [2:29:15] are some big projects that they're [2:29:16] planning and I think it would be very [2:29:17] worthwhile. I think they've got a great [2:29:19] story to tell. Um, not to belabor the [2:29:23] nursing home too much longer, but I I [2:29:27] took quite an exception to some of the [2:29:29] comments that were made last uh meeting [2:29:31] at the podium. Uh, comments like there [2:29:34] was no emergency at [clears throat] the [2:29:36] nursing home. Uh, statement there was [2:29:39] only four letters. I I you know, that [2:29:42] might have been a misstatement. You [2:29:43] know, that it doesn't matter what came [2:29:45] forth as a letter. There were some 94 [2:29:48] correspondences [2:29:50] uh that uh that were shared with the [2:29:51] executives [2:29:53] um that there that the statement was [2:29:56] made that no effort uh to sit with the [2:29:59] administration on the council uh behalf [2:30:01] and the nursing home administrator to [2:30:03] evaluate uh available information and it [2:30:06] was mentioned earlier and I and I I I [2:30:09] don't think there has been any uh amount [2:30:11] of of effort made to come before the [2:30:14] council especially in light of some of [2:30:16] the recent most recent financial uh wos [2:30:20] that are that are being projected. Uh [2:30:22] you know this this administration has [2:30:25] been in in office like the rest of the [2:30:27] council except for myself for 3 years. [2:30:28] So I I [snorts] believe there should be [2:30:30] some oversight. It is Wcomoku County. [2:30:32] We're going to go back and look at the [2:30:33] entity and all that. But if if everyone [2:30:36] would indulge me, I we got a letter [2:30:38] yesterday which I think perfectly [2:30:41] describes the situation from a resident [2:30:44] uh a a son a son of a resident. And if [2:30:48] you will uh I won't read the whole [2:30:49] thing. I would like to put this enter [2:30:51] this as far as public comments. The [2:30:53] letter itself uh this is by Mr. Brooks. [2:30:57] Full transparency. I've known him since [2:30:59] he was a child. We haven't seen or [2:31:01] talked to each other for 40 years. So [2:31:03] this was unsolicited. This just came to [2:31:04] our email yesterday. Bear with me. Our [2:31:08] family is not new to this facility and [2:31:10] we are not occasional visitors. My [2:31:12] father is there every day. We personally [2:31:14] feed my mother and all her meals and I [2:31:16] spend substantial time there myself. I'm [2:31:20] not comparing Wcomo Nursing Home today [2:31:22] to an imaginary standard of perfection. [2:31:24] I com I am comparing it to the nursing [2:31:27] home our family has actually known for [2:31:29] more than 5 years. My mother lives [2:31:31] there. The decisions being made about [2:31:34] this facility ultimately reach her [2:31:35] bedside. The facility was never perfect, [2:31:39] but following the administrative [2:31:41] transition earlier this year, we be we began experiencing a concentration [2:31:46] uh of concerns distinctly different from [2:31:49] our prior prior experience. [2:31:52] Changes in the frequency of nature uh in [2:31:54] and nature of skin injuries, bruising. [2:31:56] We observed delays in personal and [2:31:59] incontinence uh care uh occasions when [2:32:02] my mother remained in bed for extended [2:32:04] periods, delays obtaining assistance, [2:32:07] and concerns about consistency and [2:32:09] continuity of care. [2:32:12] Uh he goes on to be equally clear that [2:32:14] this was not uh the reflection on the [2:32:17] employees that were providing firsthand [2:32:20] uh care. and I and he basically explains [2:32:23] that they're probably under quite a bit [2:32:25] of pressure because there's less staff. [2:32:28] We've experienced new leadership before. [2:32:30] When my mother entered Wcomako Nursing [2:32:32] Home more than 5 years ago, Patricia [2:32:34] Leon Tenture was herself relatively new [2:32:37] administrator. We did not witness this [2:32:40] level of employee departure, workplace [2:32:42] negativity, disruption or concern during [2:32:45] that transition. [2:32:48] Leadership presence matters too. Despite [2:32:50] the amount of time our family spends in [2:32:52] the facility, I rarely see the uh [2:32:55] administrator Fosski visibly engaging [2:32:57] with residents. [2:32:59] I recognize that an administrator has [2:33:01] private and administrative [2:33:03] responsibilities, but the working of the [2:33:05] Wakcomo nursing home is not simply a [2:33:08] business operation. It's a pe it's [2:33:10] people's home. I'm not asking the [2:33:13] council to accept every allegation as [2:33:15] fact, but when concerns about [2:33:16] leadership, communication, workplace [2:33:18] culture, turnover, and engagement come [2:33:20] from multiple directions, they deserve [2:33:22] independent examination. And equally, [2:33:24] I'm glad we passed this today. This is [2:33:26] why legislative bill 202611 matters. The [2:33:30] protection of vulnerable residents [2:33:32] should not depend entirely upon one [2:33:33] administrator, one county executive, one [2:33:36] nursing director, and or any other [2:33:38] individual. There must be transparency, [2:33:41] accountability, meaningful res uh [2:33:43] resident and family input, and somewhere [2:33:46] independent to turn when uh some someone [2:33:50] independent to turn to when serious [2:33:52] concerns arise. Oversight is not [2:33:54] punishment. Overset oversight is [2:33:56] protection. [2:33:58] Um and couple more, I'll be done. [2:34:02] Wakcomo nursing home exists because [2:34:04] Agatha Pulp refused to accept what [2:34:07] happened when her father needed care. He [2:34:09] was denied access to nursing home care [2:34:11] simply because of the color of his skin. [2:34:14] Decisions made by people with the power [2:34:16] to say no left a vulnerable man and his [2:34:18] family without somewhere to turn. Agath [2:34:21] Pope did something about it. Um, [2:34:25] and I'll just close with one more. Uh my [2:34:28] mother cannot stand before you and ask [2:34:30] to uh ask you to protect her. Many [2:34:32] residents of the Wakcomo nursing home [2:34:34] cannot speak for themselves either. I'm asking you to hear their voices [2:34:40] through those of us who not who cannot [2:34:41] speak for them. And when the future of [2:34:43] this legislation is before you, uh speak [2:34:46] for them through your actions. So, I [2:34:49] took the time to say that because I was [2:34:51] really uh [2:34:53] upset, [2:34:55] whatever, by some of the comments that [2:34:57] were made. And to totally dismiss what I [2:34:59] know, I I think I've got a fairly good [2:35:01] judgment and can hear is really [2:35:03] legitimate concerns. And to dismiss them [2:35:05] off-handedly, [2:35:07] I won't use Miss Shield's [laughter] [2:35:10] description of how it makes me feel, but [2:35:12] it makes me feel the same way. So, [2:35:14] anyway, thank you for Thank you for [2:35:15] indulging me that time. No, you did, [2:35:18] Jeff. [2:35:20] Um, I'm gonna pile on the nursing home [2:35:24] thing here. I appreciate y'all coming [2:35:26] out and, uh, everybody that's tuned in, [2:35:29] watching us. Uh, goes without saying [2:35:31] that the nursing home situation is where [2:35:33] a lot of our efforts [2:35:35] have been recently. I've met and spoken [2:35:38] with family members, employees, past, [2:35:42] present, retired, and terminated to [2:35:46] determine what the problems are exactly. [2:35:48] And more importantly, how do we get to a [2:35:50] solution? [2:35:52] We're getting mixed messaging and [2:35:54] conflicting information that is making [2:35:56] this process very difficult. [2:35:59] We have to separate fact from fiction [2:36:02] and hearsay. [2:36:04] If it's not down on paper, in print, in [2:36:08] a video, in some type of something that [2:36:11] will hold up in court, we can't rely on [2:36:14] it. [2:36:15] We've been told that the county has no [2:36:17] role in the operation of the nursing [2:36:19] home, yet we have two highlevel county [2:36:20] officials who spend a lot of time there [2:36:23] every week. [2:36:25] We understand at a recent staff meeting, [2:36:27] the conversation was very aggressive and [2:36:29] intimidating and at one point saying [2:36:31] that if the employees didn't back off, [2:36:34] the state was going to come in there [2:36:35] with a team of people with body cams and [2:36:38] guns and interview everybody. [2:36:45] We [clears throat] see the blame game [2:36:46] going on. It's easy to blame somebody [2:36:48] for something when they're not present [2:36:51] to share their side of the story. [2:36:53] We see the efforts being made to [2:36:55] discredit the work of the previous [2:36:56] nursing home administrator [2:36:59] who is never present to share her side [2:37:02] of the story and that is not right nor [2:37:04] is it fair. [2:37:06] Leading by intimidation is not leading, [2:37:10] it's ruling and the my way or highway [2:37:13] approach has never worked. [2:37:16] I should state that we have been advised [2:37:18] by legal counsel that when an employee [2:37:20] contacts us with a concern, we need to [2:37:22] advise them of the grievance policy in [2:37:24] the handbook about addressing their [2:37:27] concern with their supervisor. [2:37:30] Well, that's wonderful except when your [2:37:32] grievance is with your supervisor. [2:37:38] You should never be afraid to share your [2:37:40] concern or have it properly and [2:37:41] professionally addressed without fear of [2:37:45] retaliation or having a target put on [2:37:48] your back. [2:37:50] Let's look at the facts. [2:37:52] The nursing home is not a county [2:37:54] department or agency. Therefore, it is [2:37:57] not included in the charter. [2:38:00] So those that say that this legislation [2:38:03] violates the charter, [2:38:06] that shoots that argument down. [2:38:10] Since our last meeting, the resident [2:38:12] population is down. [2:38:14] Several more staff members have resigned [2:38:16] or turned in their resignation. I [2:38:19] believe we're up to 20 now since April [2:38:22] the 9th. [2:38:24] I've run several businesses in my life [2:38:27] and thankfully I was never faced with a [2:38:29] turnover rate like this. But if I was, I [2:38:32] would immediately assess the situation [2:38:34] and work towards a solution. [2:38:37] Definitely not the way it's being [2:38:39] handled right now. How can we get the [2:38:41] resident population up when we don't [2:38:45] have the employees to properly care for [2:38:47] those residents? [2:38:50] I've asked all the people that I've [2:38:52] spoken with the same questions. [2:38:55] The least concern that I've heard is I [2:38:58] left because of the money. [2:39:01] In every single conversation that I've [2:39:03] had, they all have one common [2:39:05] denominator. [2:39:06] Toxic work environment. [2:39:09] I've attended all the press conferences, [2:39:12] including the town hall at First Baptist [2:39:14] Church, [2:39:15] not to talk, but to listen, cuz I wanted [2:39:18] to hear what everybody had to say. [2:39:21] And when you have over 200 people show [2:39:23] up at a church for 2 and 1/2 hours on a [2:39:25] Monday night, [2:39:28] that's not a bunch of disgruntled [2:39:30] employees, as they've been called. [2:39:33] That is a group of people with concerns [2:39:35] that need to be addressed. [2:39:38] We need to fix this sooner than later. [2:39:40] My concern is for the residents, their [2:39:43] family members, and the employees. The [2:39:45] longer this goes on, the harder it will [2:39:47] be to find qualified employees to work [2:39:50] there. The family members are tired of [2:39:52] seeing the facility that their loved [2:39:54] ones reside in on the news every night [2:39:58] and in the newspaper. [snorts] [2:40:01] All this could have been solved early on [2:40:05] when these issues came to light. [2:40:08] with a simple conversation and sharing [2:40:10] of information. [2:40:13] When these issues arose, supposedly [2:40:14] after Miss Fosski was hired and became [2:40:16] aware of the situation, the executive [2:40:19] should have picked up the phone or sat [2:40:21] down at her computer and typed an email [2:40:24] or called the county or the council [2:40:26] president and requested a work session [2:40:29] or a conversation to get this process [2:40:31] started. That's right. [2:40:32] >> That never happened. Instead, as I said [2:40:36] before, we started hearing from family [2:40:38] members, employees, [2:40:41] past and present, about what's going on [2:40:43] over the nursing home. We had no idea [2:40:44] what was going on because once again, [2:40:47] we're in the dark. [2:40:50] We're in a need to know position and [2:40:52] apparently we didn't need to know until [2:40:55] not only the fire was lit, [2:40:57] but it was a three- alarm fire. [2:41:00] Other examples of this thing, this [2:41:03] situation in the past are removing two [2:41:05] recycling stations with no notice to the [2:41:08] council or to the public that still [2:41:10] exists today. [2:41:13] We all remember Safari at the quarry [2:41:15] where a motorized event was planned and [2:41:17] none of the residents at the adjoining [2:41:19] property was even contacted [2:41:23] for any concerns. Council found out [2:41:26] about that on social media. [2:41:30] Then there was a plan to close the [2:41:31] landfill last year. July 1st, they were [2:41:34] going to close the landfill on Saturdays [2:41:36] to preserve space in the landfill. [2:41:39] Council found out about that from a text [2:41:42] message from a hauler who was at a [2:41:43] haulers meeting saying, "Did you guys [2:41:46] know about this?" We did not. [2:41:51] All of these examples the council has [2:41:52] been in the dark [2:41:54] and we find out from the public or on [2:41:56] social media. This is not how to solve [2:41:59] the problems. This creates problems. [2:42:02] To solve a problem, we need to focus on [2:42:04] the solution and not on assigning blame. [2:42:08] This method has worked for me for [2:42:10] decades and in many life situations. [2:42:15] I thank you for your time and I'm always [2:42:18] ready to listen to your concerns. We [2:42:21] might not agree, but I will listen to [2:42:23] you, Mr. President. Thank you. [2:42:27] Um yeah, thanks everybody for um coming [2:42:31] today and watching on TV. [2:42:34] Um [2:42:35] I've left the nursing home issue without [2:42:38] saying a whole lot in the past few weeks [2:42:42] um to kind of let it shake out. [2:42:46] Today was um a good day as far as [2:42:48] passing this emergency legislation. I [2:42:51] feel [2:42:54] we'll see where it goes from there. This [2:42:56] council's only got a few more weeks and [2:42:59] um it'll be up to new council to take it [2:43:02] from there. And then I want to address [2:43:05] two other things today. Um one is the um [2:43:08] $10,000 for the Christmas lights and the [2:43:10] other one is the possibility of hiring a [2:43:13] new uh intern for the internal auditor. [2:43:19] I love Christmas lights and I don't want [2:43:21] to sound like the Scrooge here, but um [2:43:25] and I was going to vote against that and [2:43:28] then I decided listening to them talk [2:43:29] they would just take taking the money [2:43:31] from um [2:43:33] tourism. They could have done that [2:43:34] without even coming to the council. [2:43:36] Apparently my understanding is correct. [2:43:40] Um [2:43:41] but I want to go over some things. So, [2:43:43] we have in the audience today some folks [2:43:45] from a mobile home park on the west side [2:43:47] of the county that's upset about the [2:43:49] property taxes um that we're going to [2:43:52] work on after when we go into work [2:43:54] session. [2:43:56] Um [2:43:58] we got the nursing home again hanging [2:44:00] over our head. We don't know what that's [2:44:02] going to cost. [2:44:04] Believe me, it's going to be some cost [2:44:05] to it before it's over with. [2:44:09] We had the Verizon building [2:44:11] sitting there empty. [2:44:16] We had a fire service agreement [2:44:18] still hanging out there. [2:44:22] Cell 7 at the landfill. Dredge sparls. [2:44:27] I heard some screaming and yelling out [2:44:29] in the hallway a while ago. I don't know [2:44:30] what that was all about, but um go [2:44:32] security. There's nothing ever been done [2:44:35] about that yet. [2:44:38] That's just some of the issues that the [2:44:40] county has. Let's talk about personal [2:44:42] issues. Let's talk about gas prices, [2:44:45] diesel fuel prices, [2:44:47] price of your electric bill. [2:44:53] You know, all this adds up and we [2:44:58] it doesn't seem like government ever [2:44:59] cuts back and um on spending. [2:45:04] So, [2:45:06] there'll be a new council here and I [2:45:08] hope I hope maybe they're they'll be a [2:45:11] little more conservative and responsible [2:45:13] with u with the money [2:45:16] after the election. Thank you. [2:45:19] >> Thank you, Joe. Any other comments? [2:45:24] Seeing none council comments, um I would [2:45:26] like to thank the the public as a whole [2:45:28] and the community as a whole as well as [2:45:30] the council, uh Mr. Benson and Mrs. [2:45:33] Hurley uh for helping us work through [2:45:36] this minutia of topics and accusations [2:45:39] that we've been faced with over this [2:45:40] last month. Been doing this quite a [2:45:42] while and this is one of the most [2:45:44] contentious ones I think we've I've ever [2:45:45] had to face. But I think we have a [2:45:47] really really good bill and that goes [2:45:50] really that you have to attribute that [2:45:52] to the input that we received from the [2:45:54] community and again for what Mr. Benson [2:45:56] and Mrs. Hurley helped this council with [2:45:59] in trying to review every single detail. [2:46:01] We have tried to do this best we could [2:46:03] as quickly as possible and government [2:46:04] doesn't usually run act that that fast. [2:46:07] So I appreciate it. Um I always have to [2:46:10] smile when the comment quite a while ago [2:46:13] was made that this council only works [2:46:15] two days a month. That's all you have to [2:46:17] do. Two days a month and everything else [2:46:19] is free. This is about 30 hours a week [2:46:22] when you have stuff like this. Uh [2:46:24] constant phone calls. So anyway um [2:46:28] thanks to the community and we hope that [2:46:30] you like this bill. We think it'll be a [2:46:31] great bill and moving forward we'll we'll get it all back in order [2:46:35] like it's supposed to be. I have to read [2:46:38] a very complicated motion to adjourn and [2:46:40] it is complicated. So bear with me if [2:46:42] you don't mind. Like to make a motion to [2:46:44] adjourn to go into an open work session [2:46:46] followed by three closed work sessions [2:46:48] as follows. One to consult with legal [2:46:50] excuse me one which is a personnel [2:46:52] matter in reference to the director of [2:46:54] public works to protect the [2:46:55] confidentiality of the discussion. A [2:46:58] second to consult with legal counsel in [2:47:00] reference to the Hobbs Road property to [2:47:01] protect the county legal position. Then [2:47:03] to consult with legal counsel in [2:47:05] reference to the Porter Mill Road dev [2:47:07] tank to protect the uh uh the county's [2:47:09] legal position. Uh keeping in mind that [2:47:12] the council will be reconvening as well [2:47:14] with the urban services commission and [2:47:16] then in close session with the urban [2:47:18] services commission to consult with [2:47:20] legal uh and potential litigation. [2:47:22] That's a motion. [2:47:25] I'm sorry if you can just read the um [2:47:28] legal authority for those. [2:47:29] >> Thank you. [2:47:30] >> Yeah. [2:47:32] [laughter] [2:47:34] » Pursuant to section I'm pursuant to [2:47:36] section 3-305 B178 [2:47:40] of the general provisions article of the [2:47:42] code of Maryland. I thought it done so [2:47:43] well. That's a motion there. Motion [2:47:46] second. All those in favor say I. [2:47:49] >> We are adjourned. As I said before, [2:47:50] we're going to take a half hour recess [2:47:52] if you don't mind. I know there are [2:47:53] several people here who have been very [2:47:55] patient and I appreciate that [2:48:07] » I think so. Yeah, [2:48:10] >> we're reconvening this comic county [2:48:12] legislative session 2026-9 [2:48:15] for September 15th, 2026. [2:48:18] The uh first item on the open work [2:48:20] session is the mobile home park tax. I [2:48:21] believe we have a Mr. Michael Hawkins [2:48:23] here. Um, this is in reference to Wcom [2:48:26] County Code section 16914. [2:48:30] » Yes, sir. Thank you. [2:48:32] >> Mhm. [2:48:32] >> I'm not quite sure how this working [2:48:33] session works so together. [2:48:35] >> That's all right. [2:48:37] >> That's okay. [2:48:37] >> Yes, that' be perfect. You can just uh [2:48:39] for the public uh state your name and [2:48:41] your position so it all recorded. [2:48:43] Thanks. [2:48:46] » Hi, thanks for having me today. I am [2:48:48] Michael Hawkins. Uh my company recently [2:48:51] acquired Hebrron Woods. It's a [2:48:53] manufactured housing community uh in [2:48:55] Wakcomo County. Uh during my acquisition [2:48:59] due diligence, it came to my attention [2:49:01] that the prior owner of the community [2:49:04] was not paying the Wak Wakcomo County [2:49:06] mobile home tax in full became a central [2:49:09] issue of the deal and I was not willing [2:49:12] to close on the acquisition of the [2:49:14] community until this tax was solved. [2:49:17] As a result, I fa I became fully [2:49:19] immersed into the history of the mobile [2:49:21] home tax both with the state of Maryland [2:49:24] and with the county. [2:49:26] During my discussions, it was shared [2:49:28] with me that the mobile home tax is [2:49:29] similar to the gasoline tax. Individuals [2:49:32] go to the pump, they pay for the gas, [2:49:34] they don't realize there's a tax built [2:49:36] into this. The Wakamako County mobile [2:49:39] home tax has been around since 1978. [2:49:43] And to my knowledge, most of the [2:49:44] residents and some of the government [2:49:46] officials I spoke with weren't aware of [2:49:48] this tax. [2:49:50] But I'd say the only real similarity [2:49:52] between the mobile home tax and this [2:49:55] gasoline tax [2:49:57] is that people just weren't aware of it [2:50:00] and they didn't know it exist. [2:50:03] If I told you [2:50:06] that the gasoline tax only applied to [2:50:09] veterans, seniors, people on fixed [2:50:12] incomes, you come back to me and you'd [2:50:15] say [2:50:17] four words. [2:50:19] That's not fair. That is not fair. The [2:50:23] mobile home tax doesn't name those [2:50:24] groups directly, but applying this tax [2:50:27] only to the residents of a mobile home [2:50:29] community. [2:50:30] Effectively taxes and penalizes a [2:50:33] specific segment of the population. [2:50:36] The mobile home tax doesn't apply to an [2:50:38] apartment, single family home, condo [2:50:41] owner, town home resident, or a resident [2:50:45] of a gated community. [2:50:47] Only the mobile home residents pay this [2:50:49] tax. It's biased and it's against some [2:50:53] of the most vulnerable people in the [2:50:54] community. These residents are trying to [2:50:57] make ends meet. They're seniors, their [2:50:59] working families, their individuals with [2:51:01] limited financial resources, [2:51:04] and they rely on manufactured housing as [2:51:06] their primary [2:51:08] and sometimes only affordable option for [2:51:10] home ownership. A 15% tax on monthly [2:51:14] housing [2:51:16] is significant [2:51:18] and may force some of these residents to [2:51:20] choose between their housing costs and [2:51:22] other basics necessities, food, [2:51:24] medicine, and utilities. [2:51:26] Every day, the news cycle talks about [2:51:29] affordability. Housing affordability is [2:51:31] at a 30-year low based on some studies. [2:51:35] Manufactured housing communities are [2:51:36] almost always the most affordable option [2:51:40] for households that live below average [2:51:42] incomes. The 15% Wcomo mobile home tax [2:51:45] increases the home ownership cost and [2:51:48] makes housing less affordable for the [2:51:50] very residents that need the housing the [2:51:52] most. [2:51:54] One of my mentors taught me and he said, [2:51:56] "Always be careful using the f-word. [2:51:58] It's an emotional trigger, can derail a [2:52:01] discussion, and I've watched it happen [2:52:02] when politicians and business people [2:52:04] continually drop the f-bomb. So, I don't [2:52:08] use it lightly, [2:52:10] but I'll say it today. The Waccomo [2:52:13] mobile home tax is not fair. It truly [2:52:17] impacts some of the most vulnerable [2:52:18] residents of the county. [2:52:22] Finally, I want to acknowledge something [2:52:23] above my pay grade and um and and Mr. [2:52:27] Holloway addressed it. Uh I I know that [2:52:30] if there is a discussion around this [2:52:33] mobile home tax. Um there's going to be [2:52:36] a challenge to to solve the budget hole [2:52:39] that has been created [2:52:42] and there's a potential issue that needs [2:52:44] to be addressed. However, I don't think [2:52:47] this potential shortfall should be the [2:52:48] reason the county keeps the mobile home [2:52:50] tax. There's other revenue levers the [2:52:52] county can pull that are equitable and [2:52:54] don't focus on one specific segment of [2:52:56] the population such as this tax. [2:52:59] My agenda today is to provide a brief [2:53:01] history of the mobile home tax based on [2:53:04] my research into the state of Maryland [2:53:06] and Wcomo County to share information [2:53:08] how other counties have addressed this [2:53:10] within Maryland. Some have repealed it [2:53:12] and finally to highlight some key [2:53:14] questions and concerns that I've got for [2:53:17] the for the council to consider. Uh my [2:53:20] goal is for the council to gain a [2:53:21] greater understanding of the mobile home [2:53:22] tax [2:53:24] and hopefully conclude it's no longer [2:53:26] relevant and it's not equitable to the [2:53:28] residents of Wcomo Countyy's mobile home [2:53:30] communities. [2:53:32] >> Hey, Mr. Hawkins. [2:53:34] >> Joe, um you said that when you bought [2:53:37] the um mobile home park that um you [2:53:42] hadn't been paying the taxes, [2:53:44] >> correct? [2:53:45] >> Properly. [2:53:45] >> Correct. [2:53:46] >> How long had that gone on for? My [2:53:48] understanding was since he owned it, he [2:53:49] bought it in right around 2021, he was [2:53:52] paying $10,000 a quarter, so $40,000 [2:53:55] annually. [2:53:56] >> Mhm. [2:53:56] >> Um based on the last year, the total tax [2:54:00] due in my estimation and what I expect [2:54:02] that I'll be paying is $120,000. [2:54:05] >> Was that that that far behind? [2:54:06] >> Correct. [2:54:07] >> Uh-huh. And then there was a settlement [2:54:10] with with the county that I saw the [2:54:14] documentation that the county approved [2:54:15] of his final payment of $341,000 [2:54:19] to settle this tax liability. [2:54:20] >> So he settled that before you purchased [2:54:22] the property. [2:54:23] >> I would not close on it until this was [2:54:25] >> Uhhuh. That's right. So when you got it, was clear. [2:54:28] >> Correct. [2:54:28] >> And everything was clear. [2:54:29] >> Correct. [2:54:30] >> Okay. We don't, you know, we've got some [2:54:32] stuff here. Um, [2:54:34] we really do. Do you have anything from [2:54:36] the county executive's office about [2:54:38] mobile home park? [2:54:40] >> We actually um on your table is um some [2:54:44] information that was provided this [2:54:46] morning. [2:54:46] >> Oh, okay. All right. [2:54:49] >> Um but we we just got it this morning. [2:54:51] >> Okay. All right. When you get your tax [2:54:53] bill, um you made the comment that um [2:54:57] you thought it was unfair um because [2:54:59] this tax was applied to the residents of [2:55:02] the mobile homes. [2:55:04] I didn't think this tax was applied to [2:55:06] the residents of the mobile homes. I [2:55:08] thought this the law states that the [2:55:09] taxes applied to the owner of the mobile [2:55:11] home. Is that correct? [2:55:14] >> Based on my research, I mean, how about [2:55:17] your personal circumstances? Yes. So, [2:55:20] I'm responsible for paying the tax, [2:55:22] >> right? Okay. So, I have to collect the [2:55:24] tax and remit it. In essence, um the the [2:55:29] responsibility is 15% of gross charges. [2:55:32] There is a conversation if it's gross [2:55:35] charges collected or total gross charges [2:55:39] and then I am supposed to remit as the [2:55:41] owner of the community 13% [2:55:44] to the county. [2:55:45] >> It says total gross to total gross and I [2:55:47] thought that was complicated too because [2:55:49] then if you're going to go ahead and [2:55:50] bill your tenants the 15% without that [2:55:54] 15% you're going to get taxed 15% on [2:55:56] that. uh which I thought was sort of a [2:55:59] convoluted way to even suggest it, but [2:56:01] um what what could you say when you [2:56:03] receive your property tax bill? Um do [2:56:06] you basically are you how is your tax um [2:56:10] calculated aside from the 15% when you [2:56:13] get your basic tax bill? Is it for land [2:56:15] only? Is it for land and improvements? [2:56:17] >> Land and improvements. [2:56:18] >> And and how do they calculate the [2:56:20] improvements? Do they take it from the [2:56:23] Cuz are you the owner of the mobile [2:56:24] homes as well? Yeah, the residents own [2:56:27] their own home. [2:56:28] >> So, what improvements do they do they [2:56:29] include? [2:56:30] >> So, we've got a maintenance shed, we've [2:56:32] got a private well, we've got a [2:56:35] wastewater treatment plant. [2:56:36] >> Okay. [2:56:37] >> We've got the roads. We've got the [2:56:38] infrastructure. [2:56:40] >> So, in essence, for me, the company, we [2:56:43] own the land. The residents pay us rent [2:56:47] each month for that land. They own their [2:56:49] own, [2:56:50] >> right? [2:56:52] um and in billing the tenants because I [2:56:56] wasn't aware that you could do that. I [2:56:58] wasn't aware that um because this is but [2:57:01] this is all new to us. So I wasn't aware [2:57:03] that you could actually issue an [2:57:05] independent bill for the taxes to the [2:57:07] individual tenants. That rent was rent [2:57:10] and that's what you were obligated to [2:57:12] charge your tenants to live there. I'm a [2:57:15] landlord as well and I don't send them a [2:57:17] separate bill for water. I don't send [2:57:19] them a separate bill uh for their gas or [2:57:22] their electric unless it's a multi-unit [2:57:24] complex. But when I charge someone rent, [2:57:27] I know I have to pay property taxes. [2:57:29] >> Mhm. [2:57:29] >> And I [2:57:30] >> I pay the property taxes [2:57:32] >> and I and I pay a lot of property taxes [2:57:34] and I I don't send any of my clients, [2:57:36] any of my tenants, [2:57:38] >> Yeah. [2:57:39] >> of a a bill for rent and then say, [2:57:42] "Okay, and here here are the property [2:57:44] taxes you're going to pay for me as [2:57:45] well." I just don't do that. So that's [2:57:46] why I had a bit of a aversion to that [2:57:50] >> and and obviously I mean my discussion [2:57:53] here is about this mobile home tax. I [2:57:55] acknowledge I'm responsible for it. I [2:57:58] wanted to highlight and when the [2:57:59] research that I did when the state of [2:58:02] Maryland after World War II, you know, [2:58:05] came to this mobile home tax to allow [2:58:07] the counties to charge this, [2:58:09] >> it was done because the residents were [2:58:11] not paying taxes on their home. So to [2:58:16] me, when I went back through this, this [2:58:18] is a resident's responsibility. I'm [2:58:20] supposed to collect it, but I wanted to [2:58:22] highlight obviously that this is a [2:58:25] separate tax that it's going to impact [2:58:27] the overall residence because it's and [2:58:29] it's going to limit my ability to do [2:58:31] improvements in the community, to hire [2:58:33] more staff, to do other things. But once [2:58:36] again, I understand that I am ultimately [2:58:38] responsible for this tax and I have [2:58:41] >> I don't see where it's a tax that you're [2:58:42] supposed to collect from your residents. [2:58:44] It's a tax that you're supposed to pay [2:58:45] as the owner. [2:58:49] And I always thought that possibly the [2:58:51] reason they did that, and I don't know, [2:58:52] we have we have to go through a little [2:58:54] few more miles to try to figure this [2:58:55] out. [2:58:56] >> Um, and and the council doesn't have any [2:58:58] aversion to to trying to re-evaluate our [2:59:00] taxes and our property taxes. This is a [2:59:03] relatively conservative council, so [2:59:04] we're not really tax friendly about [2:59:06] anything. Um, we don't, you know, we [2:59:08] have a um a revenue cap in Wcomu County. [2:59:12] been protecting that for 20 years [2:59:13] because we don't want to pass it on to the uh to the constituents. But um I [2:59:19] we're trying to figure out and I as I [2:59:21] say stated before there are certain [2:59:22] guidelines I think in place whether you [2:59:24] like the state of Maryland or not. I [2:59:26] think they kind of put some stipulations [2:59:28] in place more recently where um there [2:59:32] are limitations as to what a landlord [2:59:34] can apply as a rent to the homeowners. [2:59:38] And I'm just we're trying to sort [2:59:39] through that. Tracy, I know you're here. [2:59:41] I don't know if you're here for [2:59:42] specifically this, but I don't know if [2:59:44] you can help us with any clarification [2:59:46] on that. [2:59:50] Can I [2:59:52] >> Yeah, I guess one of the things that [2:59:54] made this fire up is when you started [2:59:57] charging this tax where all the other [3:00:01] mobile home parks are paying it also, [3:00:04] but they're assuming that payment within [3:00:07] their land rent. So, I mean that's [3:00:10] >> there there are certain other [3:00:11] communities that I'm aware of that are [3:00:13] doing it the way that I set it up. [3:00:15] >> Makamico, [3:00:16] >> correct? Um, and that's what I was [3:00:19] following. That's been you this is my [3:00:22] first community that I've owned in the [3:00:24] state of Maryland. And so when I did the [3:00:26] research and then once again I wanted to [3:00:29] highlight that this is not something [3:00:32] that I'm collecting. This is not [3:00:34] something that I am making any money off [3:00:36] of. Um, and that's the reason why I [3:00:39] broke it out separately. Um, now once [3:00:43] again, [3:00:45] I am responsible for it and and I know [3:00:48] that I have to pay it. That's the law. [3:00:52] Even I I can disagree with it or not [3:00:54] agree or what have you, but I know I've [3:00:56] got to pay it. [3:00:57] >> So, you you decided just because you [3:01:01] could, you separated it from your land [3:01:03] rent, [3:01:04] >> correct? [3:01:05] >> Yeah. [3:01:05] >> Correct. based on my research and my my [3:01:09] [snorts] discussions with other parties [3:01:11] that that was allowed to be done [3:01:14] with the understanding that then we [3:01:18] would have this conversation because to [3:01:20] me it didn't seem equitable based on a [3:01:23] mobile home community relative to other [3:01:26] places to live. [3:01:30] So if I if I buried it and didn't do it [3:01:32] then we wouldn't be having this [3:01:34] conversation. Once again, the prior [3:01:36] owner of this community, he wasn't [3:01:38] paying the full tax. And uh together, I [3:01:41] highlighted this. Um I want to make sure [3:01:43] that people are well aware of this is [3:01:45] happening because I think it [3:01:46] disenfranchises [3:01:47] an affordable place to live. [3:01:50] >> If you could let for the record just [3:01:52] >> Sure. Tracy Taylor, planning director, [3:01:54] Wakcomo County. Um I've spent a lot of [3:01:57] time reviewing chapter 169, which is the [3:02:00] mobile home park chapter. And you'll see [3:02:03] from my memorandum that I sort of [3:02:05] outlined the responsibilities within the [3:02:07] context of 169 for the various [3:02:09] departments in the county. In that [3:02:12] chapter, it defines the lency as the [3:02:15] person, firm or corporation that is [3:02:17] granted the license. So in that case, um [3:02:20] that would be Mr. Hawkins for in the [3:02:22] case of Hewood specifically. when we get [3:02:25] to chapter 160 or the section of chapter [3:02:27] 169 which is 16914 where we talk about [3:02:30] the levy of this tax and we can talk a [3:02:32] little bit about the history of that if [3:02:34] you want um but it says every person [3:02:37] firm or corporation licensed to operate [3:02:41] and conduct a mobile home park or parks [3:02:43] in Wcomako County under existing laws or [3:02:46] regulations there are to pay a monthly [3:02:48] tax computed at 15% of the gross monthly [3:02:52] charges collected by the mobile home [3:02:54] So it's very clear in chapter 169 that [3:02:57] the intent of the tax would be paid by [3:02:59] the lency. What we see and we've done [3:03:02] our research too in the case of the 18 [3:03:05] mobile home parks in Wcomakico County [3:03:08] historically that tax has been if they [3:03:11] factor that into whatever they charge [3:03:13] for lot rent they may do that and I [3:03:15] think Mr. Hawkins has conveyed that to [3:03:17] me in the case of one mobile home park [3:03:19] specifically when they charge the lot [3:03:22] rent that is the gross receipts for each [3:03:25] of the individual lots in the mobile [3:03:27] home park and then they are they [3:03:29] calculate from the lot rent the 15% [3:03:33] which it really isn't 15% paid to the [3:03:35] county because there's a 2% deducted for [3:03:38] an administrative fee for the collection [3:03:40] fee so actually they they remit 13% to [3:03:44] Wcomamico county. The mobile home parks [3:03:47] in this county have historically taken [3:03:49] that out of their profit, which is their [3:03:51] lot rent. It's been factored into the [3:03:53] lot rent. That's what the previous owner [3:03:55] had done. We can talk about, you know, [3:03:57] not paying the full amount later if [3:03:58] you'd like, but that's the process in [3:04:01] which it's been done. This is the first [3:04:02] case that we've seen where um an owner [3:04:06] has chosen to charge the 15% in addition [3:04:08] to the lot rent. And by doing that, [3:04:11] quite frankly, it's it really results in [3:04:14] a deacto lot rent increase because what [3:04:16] used to be, in the case of Hein Woods, a [3:04:19] lot rent payment and then the owner [3:04:22] would then pay the 13% out of that lot [3:04:25] rent has now turned into that same lot [3:04:27] rent payment and then an additional 15% [3:04:30] on top of that, which He Woods was [3:04:33] charged 15% on top of that. Even though [3:04:36] 13% is really the amount, we did meet [3:04:39] with Mr. Hawkins and we did convey that [3:04:41] by charging that as a separate fee that [3:04:43] is a gross receipt again. So then that's [3:04:45] also subject to the 15%. Um in our [3:04:48] interpretation, but that's still being [3:04:50] debated. So I don't I won't say that [3:04:52] that's a definite because that's [3:04:53] something that the finance director [3:04:55] should speak to rather than me. Um [3:04:57] >> just to be clear, I I'm paying it's $84 [3:05:01] of the lot rent on top of the 560. as an [3:05:05] example, I'm paying the 15% on 560 plus [3:05:09] 84. There's no debate about that. So, [3:05:12] I'm not scraping anything. That [3:05:13] iterative calculation in essence, I'm [3:05:16] not getting the 2% because that's how [3:05:18] I'm calculating. So, just [3:05:20] >> so the 560 that was charged in Heinwoods [3:05:24] prior to this ownership, the 13% would [3:05:28] have been taken from the 560. Now the [3:05:31] owners are getting charged the 560 plus [3:05:33] the $84. [3:05:36] >> He was the prior owner was assuming that in the lot rent [3:05:40] >> and that's what we have in our other [3:05:41] mobile home parking as well. We're not [3:05:43] seeing anybody reporting it as a [3:05:45] separate line item charge. Well, [3:05:47] regardless of the charge, and you know, [3:05:51] they can charge, I guess, whatever they [3:05:52] want to within the law, but I think most [3:05:56] people, not everybody, but a lot of [3:05:58] people that move into a mobile home park [3:06:01] do it for two reasons. One is is [3:06:04] economics, right? And then the [3:06:07] simplicity. Okay, the simplicity is, [3:06:10] okay, I own this mobile home. I'm put it [3:06:11] in this park and I'm going to pay land [3:06:12] rent. I don't have to pay land rent. I [3:06:16] don't want to I don't have to pay that [3:06:17] plus taxes plus water plus So, you know, [3:06:21] I I think that's I think that's probably [3:06:23] one of the problems. You know, it's the [3:06:25] simplicity part of it that other than [3:06:29] the money. The money is a big part, but [3:06:31] people, you know, they they don't want [3:06:33] to get into the I guess you call it the [3:06:35] nuts and bolts of that's why they go [3:06:37] there. You know, it's like moving into [3:06:39] an assisted living place, you know, they [3:06:41] go there because everything's taken care [3:06:43] of. And so, [3:06:44] >> right. And I I will mention to the [3:06:46] council that this isn't the only um [3:06:48] situation that I'm dealing with right [3:06:49] now. We have at least one other mobile [3:06:51] home park that's been recently sold to [3:06:54] an LLC where they are considering now [3:06:56] charging the water as a separate rate to [3:06:59] the mobile home um lot renters. And [3:07:03] we're just seeing more and more of this [3:07:05] where these separate fees are being [3:07:07] proposed in addition to the lot rent. My greater fear is that what we've [3:07:12] considered, you know, with our mobile [3:07:13] home parks to be an affordable housing [3:07:15] option, especially for elderly and [3:07:17] handicapped and disabled, we are we're [3:07:20] seeing now that the lot rents it, they [3:07:22] could be, you know, outpriced from this [3:07:24] standard of living that they're used to. [3:07:26] So, that's my larger concern and that's [3:07:28] a separate concern from whether this tax [3:07:29] exists or not. And quite frankly, [3:07:32] there's nothing the county can do, my [3:07:34] department can do, as much as I'm [3:07:35] dismayed by it, to prevent it. We don't [3:07:38] have an we don't we don't have an [3:07:40] instrument to prevent like Mr. Hawkins [3:07:43] decides to charge it in this manner. We [3:07:45] don't have an instrument in place to [3:07:47] prevent that from happening other than [3:07:49] for me to talk to you about how it has [3:07:52] been historically charged and and what [3:07:53] situation we're dealing with now. If the [3:07:56] council were to decide, and you'll see [3:07:58] that in my memo, if the council were to [3:08:00] decide to reduce or eliminate the tax, [3:08:03] um that would certainly provide an [3:08:05] immediate relief. Um but then my bigger [3:08:07] fear is what we have in the way of lot [3:08:09] increases in general and mobile home [3:08:11] parks and in this county and I know [3:08:14] delegate um sample Hughes is concerned. [3:08:16] I think she's suggesting even putting in [3:08:18] legislation this session to address this [3:08:21] problem. We had a similar problem a few [3:08:23] years back, three or four years back [3:08:25] which uh [3:08:27] I worked with delicate sample Hughes [3:08:30] because there's that that huge problem [3:08:32] where a company came in from Florida and [3:08:34] then doubled and tripled the rental [3:08:35] amount. So, uh she became immediately [3:08:38] engaged in that community and did pass [3:08:41] legislation to the state of Maryland. [3:08:42] [clears throat] I thought that [3:08:43] legislation restricted rental increases [3:08:46] from new owners so that they could not [3:08:48] there was a limitation as to how much [3:08:49] they could increase their rent. Mhm. [3:08:51] >> Are you familiar with what those [3:08:52] >> It's um can't be more. Is it 10% 10% for [3:08:56] the first 3 years? [3:08:57] >> And and just to be clear, that's why I [3:08:59] broke it out. [3:09:01] >> Well, I would think so because I if if [3:09:03] you guys do this, you'll see the lot [3:09:05] rent for me stay at that number. It's [3:09:08] not It's not going that $84, it goes [3:09:11] away. [3:09:13] >> Well, and I understand. I mean, you [3:09:14] know, if you can only raise it. Did you [3:09:16] raise the 10%. I mean, you don't have to [3:09:17] tell me. Well, and and and that's [3:09:19] another discussion. [3:09:20] >> I'm not worried about that's I don't [3:09:22] need to get into the personal personal [3:09:23] issues of it, [3:09:24] >> but that's what it appears is if you [3:09:25] know instead of because there's the [3:09:27] restriction of the 10%. Well, let's not [3:09:28] call it rent anymore. Let's property [3:09:30] taxes. Exactly. And I don't know if that [3:09:32] could be um [clears throat] [3:09:35] circumventing this law. And and I don't [3:09:37] know legally because I'm not an [3:09:38] attorney. And I don't know if there's [3:09:42] any attorneys here. And and I apologize [3:09:44] because I don't think we've really asked [3:09:47] you to review this yet. But I think the [3:09:49] issue might be as to whether or not uh [3:09:52] when you're saying that you're charging [3:09:53] someone rent, then you can all of a [3:09:54] sudden add additional costs to those [3:09:58] individuals based on [clears throat] the [3:09:59] current statute. and we don't know that. [3:10:01] >> So, um I did reach out when this became, [3:10:04] you know, an issue. I did reach out to [3:10:08] DHCD, Department of Housing, Community [3:10:10] Development at the state to see if there [3:10:11] was any assistance they could provide. [3:10:13] Unfortunately, they could not. But I [3:10:15] also reached out to Shore Legal Access [3:10:17] because that does provide proono legal [3:10:19] services for it would have certainly [3:10:22] wouldn't have been the county, it would [3:10:23] have been the constituents. And I do [3:10:25] think and I don't want to speak for [3:10:26] them, but I do think there has been some [3:10:27] movement on the part of the constituents [3:10:29] to look into it. And I think one of the [3:10:32] things that shore legal access was [3:10:33] concerned with was the very situation [3:10:36] that you just described that this would [3:10:38] by charging in this way, it does be look [3:10:41] to appear like a de facto um lot [3:10:44] increase and they were going to look [3:10:46] into that. But I as planning director, I [3:10:49] could not go any further with this other [3:10:52] than to do that initial outreach because [3:10:54] I'm limited to what I have control over, [3:10:57] which is what's within this chapter. I [3:11:00] think you I think there's going to be a [3:11:01] hard time collecting in court, [3:11:02] especially with those new new attorneys, [3:11:04] and I won't express my disdain for those [3:11:07] attorneys in public, but I would tell [3:11:10] you that um they're going to say rent is [3:11:12] rent. This happens quite often [3:11:14] [clears throat] where a lot of times [3:11:15] when you go to landlord tenant court, [3:11:17] you of course incorporate the whatever [3:11:19] the water bills might be that in a case [3:11:21] that the tenant does owe water bills and [3:11:23] very seldom electric, but you try to [3:11:25] incorporate that in the total balance [3:11:27] due from the tenant that's owed. But the [3:11:29] courts will very quickly try to strip [3:11:31] you from that and say no, no, no, this [3:11:32] is landlord tenant. This we're only [3:11:34] going to allow a judgment on the rent [3:11:36] alone and the rest of it if it's going [3:11:39] to be separated out would have to be in [3:11:40] small claims court. That's that would be [3:11:43] a concern that I might have too [3:11:46] com maybe just recapping but you know [3:11:49] it's a matter of choice as to whether or [3:11:51] not uh as the owner as as to whether or [3:11:53] not you break it out or not. Uh you made [3:11:56] the choice and you were pretty [3:11:57] transparent as to the reason why because [3:11:58] effectively you've got an $84 or [3:12:01] whatever the percentage is increase. I [3:12:03] mean at the end of the day that's what's [3:12:05] happened. And by breaking it out, you [3:12:07] know, you you you you're you may be [3:12:09] staying, I don't know the laws well [3:12:10] enough, underneath of the threshold by [3:12:13] which you're allowed to increase. But [3:12:15] really, that's what we're talking about [3:12:17] is they just got net an increase. [3:12:21] And the [clears throat] the idea of [3:12:22] breaking it out or not is a choice that [3:12:24] you can make as the owner. But it but it [3:12:27] just it just you know segments it so [3:12:29] that um either the pressure comes down [3:12:31] on the county to do something about it [3:12:34] uh about the tax to begin with which is [3:12:35] another larger issue uh or it just keeps [3:12:38] you underneath a threshold by which you [3:12:40] would be called called to uh called on [3:12:43] that by by [clears throat] increasing [3:12:45] over the threshold. Is it does that have [3:12:47] I captured [3:12:48] >> you have [3:12:49] >> what's going on here properly? Yeah. [3:12:53] I guess the the role here could possibly [3:12:56] be and I don't know if it's our role but [3:12:59] uh I think um the only thing that's come [3:13:01] to light with this is that a lot of us [3:13:03] were going what is cuz I read that I [3:13:05] went 15% are you kidding me? Uh so but [3:13:08] we were having so much trouble finding [3:13:10] any documentation that even just has the [3:13:12] justification for why that 15% was [3:13:14] implemented. We have we've gone through [3:13:17] tons of stuff. We think some of it's [3:13:20] >> I might add typ the other way like we [3:13:23] own communities in other states. [3:13:25] >> Mhm. [3:13:25] >> Mobile homes are treated just like a [3:13:28] vehicle. [3:13:28] >> Mhm. [3:13:29] >> So the DMV collects a tax. Maryland [3:13:31] hasn't done it that way. [3:13:33] >> Mhm. [3:13:33] >> So Maryland was setting up this taxing [3:13:36] system so that I as the landlord pay a [3:13:38] property tax and there is a resident tax [3:13:41] paid on that home. Once again, my [3:13:45] interpretation, the way I look at this, [3:13:47] that is therefore a tax on the resident. [3:13:51] Like despite what's and and that's what [3:13:53] I wanted to highlight as part of this. [3:13:55] Um, but that's the way that I read [3:13:58] through the research. That was the [3:14:00] intent of what they were trying to do as [3:14:02] opposed to just doing it like the other [3:14:04] 49 states and saying this is in essence [3:14:06] a vehicle and we're going to collect a [3:14:08] tax just like we do on on a car tax. [3:14:11] They only collect that one time when [3:14:13] it's sold. [3:14:15] Car tax is only collected. Car tax. [3:14:17] >> Oh, in Maryland that's the way. So in [3:14:18] Virginia, you have an ad valorum tax. So [3:14:20] I pay a tax on my car every year. [3:14:22] >> No. Okay. Now you buy you buy tags every [3:14:25] year, too. But [3:14:26] >> yeah. Yeah. So I have to pay it and and in Florida's the same way. Um so [3:14:30] that's how they're that's how the state [3:14:31] is getting to that tax of the home. [3:14:33] >> So yeah. Well, don't give Governor Moore [3:14:36] any ideas, [laughter] [3:14:38] you know. [3:14:39] >> Trust me. [3:14:40] >> Believe me. Anyway, um I I'm just [3:14:42] looking at the now this you're saying [3:14:44] it's $84 a month, correct? [3:14:46] >> Assuming a rent of $560, which is the [3:14:48] rent [3:14:49] >> for the majority of the residents at [3:14:50] Hebrron Wood. So, it's 15% of 560. $84. [3:14:54] >> I'm looking at I'm looking now we're [3:14:56] getting at from why you're doing this, [3:14:59] but I'm looking at these other counties [3:15:01] with mobile home tax. $15 a month in [3:15:04] Charles County. Dorchester 15 $15 a [3:15:07] month. [3:15:09] It's Georgia's $5 a month. I can't [3:15:11] believe anybody on that side that today [3:15:12] is cheaper than us. Um, and I guess [3:15:16] there's only one county that's higher [3:15:17] than us, and that's Cecil County. [3:15:19] >> Um, but they do, [3:15:22] um, [3:15:23] >> and Calbertt. [3:15:24] >> Calbertt's the one that was higher 20%. [3:15:27] >> Calbertt and Cecil. [3:15:30] >> Yeah, that's right. I'm sorry. Um, I've [3:15:32] got Cecil at $20 per month with a $36 a [3:15:36] year. [3:15:37] >> Oh, yeah. $20, not 20%. Right. [3:15:39] >> Yeah. So, it's only it's only um [3:15:42] >> Cal County that's higher than Wak. So, I [3:15:44] guess it's going to be up to this [3:15:45] council to decide what what avenue we [3:15:48] want to take if we take anything and [3:15:51] take any avenue to to reduce this [3:15:55] because [3:15:57] by this meeting and you know, I'm sure [3:16:00] other mobile home park owners are going [3:16:03] to be scratching their head about what [3:16:05] they're going to do in the future, [3:16:07] whether they can do what you're doing or [3:16:09] not. Apparently, what you're doing is [3:16:10] legal. Um, [3:16:14] so I guess it's going to be up to this [3:16:15] council or the next council to the [3:16:18] >> reality of it, we don't know. And I [3:16:20] think others, our role as a council, I [3:16:23] think, is going to be deciding what we [3:16:24] want to do with the 15%. The the issue [3:16:28] of how you uh apply it to your tenants. [3:16:32] that's going to be an issue between you [3:16:34] and the tenants and probably the state [3:16:35] of Maryland because we don't have any uh [3:16:37] we don't have any statute in Wanakico [3:16:39] County that dictates that you can do it [3:16:41] one way or the other. Uh if it exists, [3:16:43] that would be part of the state statute, [3:16:46] right? [3:16:46] >> Um that was passed a couple years ago. [3:16:48] So that's how that would probably break [3:16:51] out. And again, um, from what research [3:16:55] Stacy's done, I think legal and Stacy [3:16:57] would also have to go back into this and [3:17:00] find out exactly what the motivation [3:17:02] was. Again, I think it was really [3:17:03] because you pay um, you pay your land [3:17:06] tax. And you know when you when you pay [3:17:10] um any difference to that um such as for [3:17:13] your um wastewater treatment plant and [3:17:15] things like that as considered [3:17:17] improvements it still doesn't cover what [3:17:19] most government is worried about and [3:17:20] that is the services that need to be [3:17:22] applied to the people who are living in [3:17:23] that home and that was really the [3:17:25] purpose of the tax I believe. Um the and [3:17:29] I think that's where this 15% comes from [3:17:31] to offset that because the average home [3:17:33] you're going to pay the land and you pay [3:17:35] for the house done services accomplished [3:17:38] in your situation. No. Uh you're paying [3:17:40] for the land and you're paying for your improvements which is really just [3:17:43] your wastewater treatment plant but [3:17:45] nothing there to account for the actual [3:17:47] citizens. So they said okay we have to [3:17:48] do 15%. [3:17:50] Um, and with this restriction was put in [3:17:53] place a couple years ago, I think it [3:17:55] was, you know, the intent was to not to [3:17:58] continue to keep to create a burden on [3:18:00] the tenants. Uh, and and that when you [3:18:02] bought the ner the home, you had to you [3:18:04] had to recognize that and budget [3:18:06] accordingly. [3:18:07] >> The the restriction, my understanding, [3:18:10] um, was basically because there's some [3:18:13] bad actors in this industry. Let's be [3:18:14] really clear. Um, and they were coming [3:18:17] in aggressively. sounds like it might [3:18:19] have happened in your county from [3:18:20] outside owners and really taking [3:18:23] advantage of the ability to to drive [3:18:25] rents by doubling them in some cases. So [3:18:28] this was put forward so that when you [3:18:30] buy a community I am limited by [3:18:33] increasing rents by 10% for 3 years and [3:18:36] that's that's the reason why it was done [3:18:40] » and separate whether there's any part of [3:18:42] that that statute that that actually [3:18:44] more clearly defined what rent was going [3:18:46] to be. I have no idea. I don't I don't [3:18:48] either. [3:18:48] >> Yeah. Right. [3:18:49] >> I guess we need to really know [snorts] [3:18:51] if if this tax is fair or not because [3:18:55] and I don't know how we would take one [3:18:58] lot out of your out of your um mobile [3:19:02] home park. One lot with one mobile home [3:19:06] on it double wide and compare that with the property taxes on that one lot. [3:19:15] I don't know how we would come to that. [3:19:16] You'd have to divide that, I guess, by [3:19:18] the amount of property taxes you're [3:19:19] paying by the number of lots you have [3:19:23] and the value of that mobile home [3:19:27] because you're up around $1,000 a year, [3:19:32] right, for each okay [3:19:34] >> and then [3:19:37] on top of that, you got this this land [3:19:40] rent, which I would say a mo a double [3:19:43] wide like that on just a lot in Wakam O [3:19:46] county. [3:19:48] I would think if we looked at the tax [3:19:50] records, you would find that that's [3:19:52] probably about what the property taxes [3:19:54] is on that [3:19:57] piece of property. Okay. And I'm not an [3:20:00] expert of that. That they would know [3:20:02] more about that in the next building up, [3:20:03] the brick, big brick building up the [3:20:05] road here. But just seeing what other [3:20:08] people's property taxes, I would suppose [3:20:10] that just a building lot with a double [3:20:13] wide on it, the property taxes might be [3:20:15] about $1,000 a year, maybe 1,200, you [3:20:18] know. [3:20:20] So, [3:20:23] is this 15%? [3:20:25] Yes. [3:20:25] >> You know, it sounds to me like it's a [3:20:27] pretty die on high assessment to me. [3:20:32] Really does. Um because then they're [3:20:35] paying that property tax then they're [3:20:37] paying the land rent which they don't [3:20:38] own the land. You're furnishing water [3:20:40] and sewer and all and I understand all [3:20:41] that's worth that worth worth I suppose [3:20:45] it is. So I think we need to be able to [3:20:48] compare that some kind of way and then look at this 15% [3:20:53] >> and say really a fair tax or not. [3:20:55] >> Yeah. I don't know off the top of my [3:20:56] head. I obviously haven't been [3:20:59] reassessed for the acquisition of Hein. [3:21:01] Um, but I can do the property taxes. I [3:21:04] can separate it. So, it's 125 lots. 124 [3:21:08] are rent paying at at the community. [3:21:10] >> Um, if you assume a,000 and then I can [3:21:12] divide that based on the the amount of [3:21:14] property taxes that I'm paying because [3:21:16] I'm getting assessed on the value of the community I just bought. And I [3:21:19] believe they do a cash flow analysis [3:21:21] here in Maryland as well. Um, so they're [3:21:23] taking into the account of what I'm [3:21:25] collecting. That to me is double [3:21:28] dipping. Um, but that's just my [3:21:30] interpretation of it. [3:21:32] >> Joe, uh, I was going to go down the same [3:21:34] path Joe went, but I want to take it a [3:21:36] step further. A,8,08 [3:21:40] is 84* 12. So if you, somebody correct [3:21:43] me if my math is not correct. We're [3:21:45] 80ent. So if you divide that, 108 by [3:21:49] 0.008, [3:21:51] you get $126,000. [3:21:54] I I'm not Somebody checked my math. I'm [3:21:56] not sure if that's right. So I I going [3:21:58] down that same path. Somebody smarter [3:22:00] than me can do this to evaluate, you [3:22:02] know, what is fair and how how [3:22:04] equitable, how even is it to property [3:22:07] tax. At the end of the day, you know, [3:22:10] it's I think the intent, we don't know [3:22:11] what it was, but it was cover county [3:22:13] services. And I did clearly hear the [3:22:15] group say that they're they may not be [3:22:17] enjoying as many services as other folks [3:22:20] in the county. So all that being rolled [3:22:22] up into some kind of a evaluation of [3:22:24] fairness I think is where we where we [3:22:27] need to go. [3:22:27] >> He he's paying property taxes on that [3:22:30] lot also. [3:22:30] >> I I heard that too. Yeah, I heard that [3:22:32] too. So that kind of goes [3:22:33] >> another $200 on that per lot or $500 on [3:22:37] that lot or a thousand, you know. [3:22:39] >> No, that's a that is a a good point that [3:22:41] needs to be considered, you know. Um so [3:22:45] >> yeah, depends on what the how it's [3:22:47] assessed. Go ahead. [3:22:48] >> Just just one quick question. just [3:22:49] trying to get an understanding also of [3:22:50] uh you know traditionally you look at [3:22:52] okay if it's a home does it is it own [3:22:54] well and septic you know is it uh um [3:22:57] who's taking care of the the other [3:22:59] amenities or other things to go along [3:23:00] with this I guess in this situation to [3:23:02] hear you say you have a package plant [3:23:04] water plant water treatment plant for [3:23:06] this [3:23:06] >> I I take care of the septic the waste [3:23:08] water the water uh and then the the [3:23:10] drinking water [3:23:11] >> and the drinking water is that just [3:23:13] >> well they're each one private wells for [3:23:15] each lot right [3:23:18] one central one central well that that I [3:23:21] have to service [3:23:22] >> I have tested daily um it's expensive [3:23:26] but that's all included in the lot rent [3:23:28] for the residents at this community [3:23:30] >> and then to uh I guess paving of the [3:23:31] roads that's done by the county [3:23:33] >> n [3:23:34] what about pipes any any infrastructure [3:23:37] when you walk into that community I'm [3:23:39] responsible [3:23:40] >> do you have uh um um are there in most [3:23:43] of our I don't maybe in this one here [3:23:45] but are there in most of our um you know [3:23:48] mobile home parks are there other [3:23:50] infrastructure like the um you know fire [3:23:53] suppression or anything like that like [3:23:55] uh the city [3:23:57] or their t or their trash pickup is that [3:23:59] uh [3:24:00] >> I cover the trash as well [3:24:04] and there's no uh just um there's no [3:24:07] fire hydrants right there [3:24:09] >> um there are fire hydrants I believe yes [3:24:12] there has to be so then um that so the [3:24:14] 911 service I have to have make sure [3:24:17] every home is marked for 911 to come [3:24:19] through. So yeah, the fire and and [3:24:21] obviously the police and and the first [3:24:24] responders like that will come into the [3:24:25] community if necessary. And and this is [3:24:27] not in Hebrron officially [3:24:30] and there's not most of these I'm [3:24:31] looking at are where the the map of all [3:24:33] of the u you know I think there's only [3:24:36] one single one that's in a municipality. [3:24:39] >> This one is not in a municipality. So [3:24:41] there's a counties paying for the fire [3:24:45] and emergency services. [3:24:48] >> I would allow um [3:24:50] >> it's unprecedented, but as a point of [3:24:52] clarification without getting into any [3:24:54] type of attacks, I would allow you to [3:24:56] speak if you'd like to come to the [3:24:57] podium and make a comment. Um the idea [3:24:59] is for some type of clarification is not [3:25:01] to attack Mr. Hawkins and or anything [3:25:04] like that. [3:25:05] The only clarification I have is we paid [3:25:07] 560 a month and that included the tax. [3:25:11] So when Mr. Hawkins took over or when [3:25:14] real um Clear Trail took over, they did [3:25:17] not deduct the 84 that we had been [3:25:19] paying that was included, they added it. [3:25:23] So, if we were if that tax was included [3:25:26] in the 560 [3:25:28] and then he does the 560 and then adds [3:25:31] the other 15%, he tax on the um $84 that [3:25:35] was already previously included, he is [3:25:38] benefiting, it's double dipping because [3:25:40] if you if he says that um he shouldn't, [3:25:44] you know, that he's got to pay it and we [3:25:45] did. We were and it was by our lease [3:25:48] that we had up through the end of the [3:25:49] year that included all our como county [3:25:51] taxes [3:25:53] and Tracy knows that cuz she's got [3:25:55] copies. So he kept the 84 in the 560 and [3:25:59] then tacked on 84 and he's putting it [3:26:02] down as rent. It isn't rent. It is a [3:26:04] gross income tax which we can't [3:26:09] ourselves be able to control whatever [3:26:13] like the new people moving into the [3:26:14] park. They're charging $650 [3:26:17] plus $97 tax. [3:26:21] >> So, but what I'm saying is if he was [3:26:23] going to if we had to pay the tax, we [3:26:26] were paying 560 with their lease that [3:26:28] included and our lease stated and he [3:26:30] filled out the affidavit accepting [3:26:32] everything the way it was, then the 84 [3:26:34] should have been deducted off. And [3:26:37] again, that will be, as I stated before, [3:26:39] I think that's going to be an issue that [3:26:40] you're going to have to direct [3:26:41] immediately with, or not immediately, [3:26:43] but you're going to have to direct [3:26:44] towards Mr. Hawkins based on a legal [3:26:48] statute from the state of Maryland [3:26:50] because this is nothing that's been [3:26:52] implemented by WCOM County as far as how [3:26:55] Mr. Hawkins may bill you. We just simply [3:26:58] send the bill to Mr. Hawkins. [3:27:00] >> So, he can double bill. Well, again, [3:27:02] that's what I said that you may need [3:27:04] legal representation to challenge that. [3:27:07] It's nothing that there's no part of a [3:27:09] county ordinance that might uh define [3:27:11] one way or the other the breakdown of [3:27:14] the costs that you're are now having to [3:27:16] incur. [3:27:17] >> So, even the law that you wrote in the [3:27:18] 48 years ago, I'm 74 and you can check back, but a lot of times the uh [3:27:25] Wcomo County did not want a whole lot of [3:27:27] mobile home parks. And if you'll notice, [3:27:29] Salsbury mobile home park is way far out [3:27:31] compared years ago. Then the mall wasn't [3:27:33] there and all that wasn't there. [3:27:35] >> So they then, which I did some research [3:27:38] also, included this 15% tax. Now [3:27:42] Worcester and Somerset pay nothing. They [3:27:44] did they did not do that. They felt the [3:27:46] money and revenue that they got back [3:27:48] from income tax, um, property tax, and [3:27:51] their personal property tax was enough [3:27:53] to cover what their stuff is. So that [3:27:58] being said, they implemented this tax [3:28:01] hoping that it also would not raise the [3:28:03] rents on the people because back then, [3:28:06] well, like 28 years ago, she paid 195. [3:28:09] But years ago when they did this, cuz [3:28:11] they did not like the parks. And if [3:28:12] you'll notice, the parks are kind of [3:28:14] scattered out from years ago, [3:28:16] >> right, [3:28:16] >> of what Central Salsbury was and county. [3:28:20] And they definitely didn't want anything [3:28:21] on Route 50. So that's why we have the [3:28:24] mounds. Mr. bridge had to put mounds and [3:28:26] everything that you could not see the [3:28:27] mobile homes. But that's why it started [3:28:29] and it was to keep the rents down, but [3:28:31] yet it helped compensate some for the [3:28:33] people. But now that rents are 560 or [3:28:36] 600 a month, you're looking at 15%. [3:28:38] These people that have worked their [3:28:40] whole life and made minimum wage, [3:28:42] they're lucky if they've got 13 $1,400 a [3:28:45] month in social security and you're [3:28:47] telling and affordable housing, but the [3:28:49] countyy's telling me there's nothing [3:28:50] they can do to help. Well, we understand [3:28:52] that, but keep one thing to to try to [3:28:55] >> tax is 15%. [3:28:56] >> To try to I get that, but to try to to [3:28:58] understand the perspective too. If we [3:29:00] were to pass legislation tomorrow that [3:29:02] eliminated the 15% tax, right? There are [3:29:05] many there are many homes there are many [3:29:08] mobile home parks right now where the [3:29:10] tenants would never even benefit from [3:29:12] that, [3:29:13] >> right? [3:29:13] >> Because this is the tax to the owner. [3:29:16] Your problem is how your owner is [3:29:18] implementing the tax and passing that on [3:29:20] to you. [3:29:21] >> But even your law saying you have to be [3:29:23] licensed. We're not a licensed park [3:29:25] owner. [3:29:26] >> I however that breaks down, that's again that's the legal realm. I'm [3:29:32] just trying to share with you the fact [3:29:33] that the council certainly will look [3:29:35] into the 15% [3:29:38] uh simply based on whether or not it's a [3:29:40] fair uh a fair tax overall. [3:29:43] How it gets implemented and how it gets [3:29:45] possibly passed on to the individual [3:29:47] tenants, that's an individual that's a [3:29:50] that's an issue between the actual [3:29:51] tenants and the owner. It really is. I [3:29:55] hate to tell you that, but again, we [3:29:57] could cut it tomorrow. We could cut it [3:30:00] tomorrow. Of course, you'd be you you'd [3:30:02] still be paying the old 84 included in [3:30:04] your rent, right? [3:30:06] >> In other words, if we pass it, if we get [3:30:08] rid of tax, your tax your your rent may [3:30:10] go down. [3:30:12] >> Well, but it's gone up and didn't go [3:30:14] down when it [3:30:15] >> Yeah. Well, that's the way it's being [3:30:17] implemented. But if we [clears throat] [3:30:18] try to look at at this from a a [3:30:20] countywide perspective, uh the the 15% [3:30:24] that we might remove, I would say the [3:30:28] majority of the uh the tenants [3:30:29] throughout Wcom County would never be [3:30:31] impacted by it whatsoever. So, it's [3:30:34] really something we're trying to uh to [3:30:36] identify as to the justification for [3:30:38] that 15%. And I I I understand, believe [3:30:41] me, we empathize 100% with the way that [3:30:43] the tax has been just transferred to [3:30:46] each of you. I think the purpose of the [3:30:48] restriction of the increases from a new [3:30:50] owner was put in place simp strictly to [3:30:52] avoid those type of problems. But that [3:30:55] is that's where we are right now. And [3:30:57] again, that's uh I would hope that it [3:31:00] might be something that you you could [3:31:01] work I don't I don't know how you're [3:31:02] going to work it out, but I'm not one to [3:31:04] recommend that to you either. [3:31:05] >> Okay. [3:31:06] >> And I appreciate Could you state your [3:31:08] name for the record? [3:31:09] >> Uh Pam Webster. [3:31:10] >> Thank you, Miss Webster. Oh, I have a [3:31:13] question for Mr. Hawkins. [3:31:15] when you um added the $84 on to the that [3:31:20] was already being paid in the land rent [3:31:22] and added it on to the top for them to [3:31:24] pay taxes. Why didn't you deliver the [3:31:26] $84 off your land rent? [3:31:29] >> Just to be clear, the prior owner wasn't [3:31:31] paying it. [3:31:32] >> Well, no, he he was paying it. [3:31:34] >> He was paying part of it. [3:31:35] >> He paid it in the end. [3:31:36] >> He ultimately came came together. [3:31:38] >> Yeah, but he was collecting it. But [3:31:40] yeah, but he did pay it. Once again, [3:31:42] >> that question was in Jest, not [3:31:46] so. [3:31:49] » Okay. [3:31:52] Just clearly stating, I said it before, [3:31:54] effectively, he got that increase. You [3:31:57] know, we're kind of saying the same [3:31:58] thing. He just broke it out. Uh, which [3:32:01] is his prerogative as to break out, you [3:32:03] know, uh, break that out. But it does, seem to, and I'm like you, I'm [3:32:08] not going to advise somebody. seems to [3:32:10] circumvent the uh the 10% max or [3:32:13] whatever the rental increase rate may [3:32:15] be. But uh effectively you you know that [3:32:18] company got that increase. That's that's [3:32:21] pure and simple. They got they got that increase. It's inconsequential [3:32:24] whether who was paying taxes before or [3:32:26] whatever. That was the increase that was [3:32:28] achieved by [3:32:30] uh [3:32:30] >> and just just to be very transparent and [3:32:33] clear. I could have closed on this [3:32:35] community and I could have raised rents [3:32:36] by 10% on day one. I didn't do that. [3:32:40] you. [3:32:43] » [laughter] [3:32:44] >> I just want to say well [3:32:45] >> I guess it's a matter of whether you're [3:32:47] call [3:32:50] whether you're calling it a I didn't [3:32:51] want to highlight this if I didn't feel [3:32:54] like this tax is something to address [3:32:57] and I thought about this let's be really [3:32:59] clear I would have closed on day one the [3:33:02] 560 was the rent despite what people are [3:33:07] saying that's what they were paying [3:33:09] legally I would have been allowed to [3:33:11] raise that by $56 $6 on day one. Um, [3:33:15] >> right. But instead, you kept it where it [3:33:17] was and added 85. [3:33:18] >> Well, I wanted I wanted this to be [3:33:21] visible on [3:33:23] >> Well, you made it transparent. Very [3:33:24] transparent. I get that. But, so I my [3:33:28] view is I could have done that. Um, and [3:33:33] I didn't want to do that because once [3:33:35] again, I don't agree with this 15% [3:33:37] mobile home tax. But the conversation I [3:33:40] might have with the residents and I'm [3:33:41] debating about doing it is say, "All [3:33:42] right, I'll throw the talent. I'm sick [3:33:45] of this argument. I was trying to do the [3:33:47] right thing to to highlight that there [3:33:50] is a tax that I don't think is is is is [3:33:53] fair to these residents. Um, but I'll be [3:33:58] done with it and then I can raise the [3:33:59] rent 10%. I wasn't planning on doing it [3:34:01] and then [3:34:02] >> Well, I think if you and then I will [3:34:04] make more money in the long run [3:34:05] >> if you remove the 15% obligation on [3:34:09] excuse me please thanks if you removed [3:34:10] the 15% obligation tax obligation on [3:34:13] your residence and just left it with a [3:34:16] 10% increase on your rent I think they'd [3:34:18] probably be satisfied with it [3:34:21] I think they would I can walk them [3:34:23] through the math where this is [3:34:26] beneficial to me at the end of the day [3:34:29] right now once again despite what people [3:34:31] are saying I'm I'm trying to like I [3:34:33] don't get any of this $84 I'm not [3:34:36] scraping 2% I'm not collecting any of [3:34:38] it. Um just the way the math works, [3:34:42] >> right? [3:34:42] >> I am collecting that. I am turning it [3:34:44] over to the county. [3:34:46] >> Right. Well, again, you know, our our [3:34:48] role as a county is to evaluate the tax [3:34:50] as a whole and and [3:34:52] >> that's the discussion I want to have is [3:34:54] that I think you got a tax out here [3:34:56] doesn't feel right. We all talk about [3:34:58] affordability. We all talk about, you [3:35:00] know, what's happening today with rising [3:35:03] prices. [3:35:04] This is adversely impacting an [3:35:08] affordable housing solution. [3:35:11] >> I get the property taxes on every one of [3:35:13] my rental properties every day. I absorb [3:35:15] the cost and then I charge the rent. I [3:35:17] mean, I do that every day. [3:35:18] >> Property taxes. Once again, I'm paying [3:35:20] property tax. [3:35:21] >> So am I. [3:35:21] >> Yeah. Pay it all. Yeah. [3:35:23] >> So, just to be clear, I just want to [3:35:25] make the statement and Mr. Hawkins and I [3:35:28] have talked several times and it's not [3:35:30] personal. We can agree to disagree. what [3:35:33] has happened is a deacto lot rent [3:35:35] increase. I mean, that's what you're [3:35:36] both saying and that is in fact what's [3:35:37] happened and it's beyond the 10% that [3:35:40] the law would normally allow and that's [3:35:41] what's happened. Let's just call it what [3:35:42] it is. [3:35:44] >> Where I have where I struggle with this [3:35:45] besides that point, I also struggle with [3:35:47] the messaging that went out to the [3:35:49] residents. The original letter that was [3:35:51] sent to the residents by Mr. Hawkins [3:35:53] clearly placed the blame for this [3:35:55] increase on the county. It was not It [3:35:58] was not blame on the county. It was not [3:36:00] the county. I think the terminology was [3:36:02] the county's requiring me or forcing me [3:36:04] to do this. The county doesn't have any [3:36:06] say with the method for which the 15% is [3:36:09] applied to the residents. That was a [3:36:11] personal choice or a business choice [3:36:14] that Mr. Hawkins and his company made. [3:36:16] And so, you know, the deputy director of [3:36:19] administration, Steve Lake, and I went [3:36:20] to the community meeting and we both [3:36:22] spoke at that meeting to make that clear [3:36:24] that this was not this was a business [3:36:26] decision for the way in which this [3:36:28] increase was done. It was not a WCOM [3:36:30] county forced decision. That was the [3:36:32] original messaging and that's what got [3:36:33] us literally dozens and dozens of [3:36:36] letters and that was the need to respond [3:36:38] with the county executive to the letter [3:36:40] that's in your packet. So, I want to [3:36:42] make sure that you all understand the [3:36:44] full picture of how this has evolved and [3:36:46] where my frustration lies was with the [3:36:48] messaging of this. I can't and the [3:36:51] county can't control the way in which he [3:36:52] chooses to apply the tax obviously, but [3:36:55] I think all of you very clearly see the [3:36:57] end result of this, which it is a de [3:36:59] facto lot rent increase. There's really [3:37:02] no other way to to package it [3:37:03] >> and that's up to the court system and [3:37:05] >> absolutely the state of Maryland. [3:37:07] >> Absolutely. I have one question for um [3:37:09] Mr. Hawkins. If you kept the 15% and you [3:37:12] paid the 15% tax, can't you deduct that [3:37:16] off your taxes? [3:37:21] Wouldn't that be a bill or expense? [3:37:23] >> I mean, it is it is an expense. Um, [3:37:27] so I I guess there is the possibility, [3:37:30] but that doesn't really factor into kind [3:37:31] of how I was thinking about it, but I I [3:37:34] don't know the specific tax treatment of [3:37:35] it. [3:37:36] >> I mean, you pay taxes, don't you, on [3:37:37] your you know, you pay property tax, but [3:37:40] when you pay if you pay include the $84 [3:37:43] in your taxes that you pay every year. [3:37:47] I'm not a business person per se, but I [3:37:50] have I'm not stupid either. [3:37:52] >> So, [3:37:53] >> don't you take Wouldn't you take that [3:37:55] off as an expense on your tax return [3:37:59] that $84 [3:38:00] >> you talking about the current way or the [3:38:02] prior way? [3:38:03] >> I don't care what way it is. Don't you [3:38:05] take when you take $84 the current way? [3:38:08] >> 8 $84. You're you're charging them a [3:38:11] month and you have 125 prophecies. [3:38:16] That's what you said. [3:38:17] >> 125 sites. [3:38:18] >> 125. You multiply that 125 * 84. When [3:38:23] you deduct that from your tax expense on [3:38:27] your tax [3:38:29] return because that would be an expense [3:38:32] for you and it would help you decrease [3:38:34] your taxes that you have to pay. [3:38:35] >> Be a wash because he's getting it in and [3:38:37] it's going out. It wouldn't [3:38:39] >> I'm collecting I'm I'm collecting it [3:38:41] from the residents and I'm paying it [3:38:43] out. [3:38:43] >> Yeah. Yeah. It'd be a wash. I have a [3:38:45] question. We've lowered the tax rate in [3:38:47] Wakcomo County. [3:38:49] What was it when I came on here? A [3:38:51] dollar and something. [3:38:52] >> It was a dollar eight when I was on the [3:38:53] [clears throat] council. [3:38:54] >> A dollar8. And we're down to 77 right [3:38:57] now. [3:38:57] >> 77. [3:38:58] >> Okay. So, we've lowered the tax rate a [3:39:00] dollar. Let's see. 8 [3:39:02] 23. You know, we've low but this 15%'s [3:39:06] never gone down. [3:39:07] >> Isn't that relative though? [3:39:10] >> No, this is a flat. This is a 15% on [3:39:13] >> It's been 15% since 1978. [3:39:16] >> Yeah, we've lowered the taxes, property [3:39:18] taxes over the years. Of course, [3:39:20] assessments gone up. So, I don't want [3:39:22] anybody to get confused and say, "Oh, my [3:39:24] taxes has gone down." Because they [3:39:26] haven't because the assessments has gone [3:39:27] up. But we've lowered the rate. But this [3:39:30] hasn't this hasn't moved. Shouldn't that [3:39:33] be reflected? It's like I said, I think [3:39:34] we still need to revisit this, but we [3:39:36] need a whole lot of information from [3:39:37] finance and from uh [3:39:39] >> from legal to [3:39:41] >> to address that. But I get it. When I [3:39:43] first saw the 15, I was shocked, too. It [3:39:45] does equal out to almost the same as if [3:39:47] you had an independent unit on that [3:39:49] property, [3:39:50] >> right? [3:39:50] >> Uh as Dave did the math, it may it may [3:39:53] even out, but it was [3:39:54] >> and it's really not 15%. Keep in mind, [3:39:56] it's really 13%. [3:39:58] >> I understand. I I just want to make sure [3:39:59] that you understand we what's remitted [3:40:02] to the county is 13%. [3:40:04] >> So like John [snorts] just said it kind [3:40:06] of equals what I was talking about what [3:40:09] Dave was talking about but then there's [3:40:10] an additional tax on his property. [3:40:13] >> Y [3:40:13] >> okay [3:40:14] >> so you know maybe there you know maybe [3:40:18] this is an unfair tax. Um [3:40:21] especially if it's not decreased any the [3:40:24] 15%'s not decreased any since we've [3:40:26] lowered the tax rate over 20. What? 27 [3:40:29] 27% 27 cents. [3:40:31] >> We're we're quite a ways off and it's [3:40:33] going to be another council honestly [3:40:34] that's going to make their decision. [3:40:35] That's just how the process is going to [3:40:36] work. Mr. Hawkins, I mean, you made a a [3:40:39] gracious gesture that, you know, maybe [3:40:41] you'll try to regroup with them and with [3:40:43] your uh with your tenants to try to ease [3:40:46] this burden simply to make things [3:40:48] better. You said it may be more [3:40:50] profitable for you to do so. Well, if [3:40:51] that's the case, then then that would be [3:40:53] I think that would be a great win-win. [3:40:55] So, we'll leave it at that because we [3:40:57] can't determine that here at this table. [3:40:58] >> No. And I and I think that's like I [3:41:00] said, [3:41:00] >> I don't think it'll be a win-win for the [3:41:01] residents because he can do 10% a year, [3:41:03] right? [3:41:04] >> Correct. [3:41:04] >> Yeah. And again, all I'm saying is as of [3:41:07] right now, as as Tracy says, it appears [3:41:09] to be a de facto as is, which could be a [3:41:12] really huge legal challenge. It may [3:41:14] benefit in the long run and and have [3:41:16] that conversation as to whether they [3:41:17] want the 10% or whether they want the 15 [3:41:19] because you could do the 10% plus the 15 [3:41:22] every year anyway. the 15 could stay, [3:41:25] Joe, and the 10% would go every I wanted [3:41:27] to be draconian. Correct. And I wouldn't [3:41:29] do that. One of the thing, um, Tracy and [3:41:31] I did talk about just for your research [3:41:33] to go back on it, the fact pattern that [3:41:35] I had about this tax as well. [3:41:38] >> Um, as Tracy said, you're collecting 15% [3:41:42] on gross charges based on the residence. [3:41:45] So then I'm getting 2% if I was going to [3:41:48] do it the right way as a collection. So [3:41:51] once again, the fact pattern I had on [3:41:53] this is I'm expected to go collect this [3:41:55] tax from the residents and then I'm [3:41:58] going to suffer if I can't collect the [3:42:00] tax. That's making up these two points [3:42:03] by doing this. [3:42:04] >> I don't know why they gave you the 2% [3:42:05] cuz you're not going to collect the tax. [3:42:07] >> You're not you're just charging rent and [3:42:08] you're paying tax to the government. [3:42:10] >> That's that's the going out and [3:42:11] physically collecting the tax. You are [3:42:13] now maybe. [3:42:14] >> Well, because that's how I that's when I [3:42:16] went through this research. I read it is [3:42:19] that I'm supposed to go collect this. [3:42:21] It's not imposed upon the tenants. It's [3:42:23] opposed upon the owner. So, you've [3:42:24] already [3:42:24] >> But then why' they set up this 2% [3:42:26] scrape? [3:42:27] >> That's That's [3:42:27] >> That to me is total nonsense. That's where I kind of kept going down [3:42:31] this pathway. This makes no sense. [3:42:33] >> Well, let me wrap it up. Really [3:42:34] appreciate you coming in. We do hope you [3:42:36] do uh try to work through some type of a [3:42:38] compromise with them. It would make [3:42:40] everything much easier because it is [3:42:42] going to go to the state level. I [3:42:43] guarantee you it's going to get go to [3:42:45] the state level because it's opened up [3:42:46] another window and it may make things [3:42:48] harder across the board. But thank you [3:42:51] very much for coming in. Thank you. [3:42:52] all for coming in. One more [3:42:54] thing, you you have a nice park there. [3:42:56] It's great. And I know a lot of the [3:42:57] people that live in there, there's a lot [3:43:00] of parks in Wakcomo County that isn't so [3:43:02] nice. Don't price yourself out of [3:43:04] business over there. you know, [3:43:08] >> that's, you know, one of the reasons why [3:43:10] I wanted to highlight this for the [3:43:12] existing residents to make sure that [3:43:13] they everybody knew about it. Um, so I [3:43:16] appreciate that. And not to be a [3:43:17] complete sickopant, this is my first [3:43:19] county council meeting anywhere in 50 53 [3:43:22] years. [3:43:24] >> I'm impressed with what you guys [3:43:27] sitting up here. So, [laughter] [3:43:29] >> well, we got we got one positive today. [3:43:31] Thanks. [3:43:32] >> You're better people than me. I will say [3:43:34] that. [3:43:34] >> I move to a journ. [laughter] Yeah, [3:43:36] thank you very much. On that note, [3:43:39] >> thank you Tracy. Thank you very much. [3:43:43] >> Uh the next item Oh, excuse me. So, [3:43:46] >> next item is adjourn, right? [3:43:48] >> Yeah. So, entertain a motion to adjourn [3:43:49] and go into close session. So, [3:43:51] >> second. [3:43:52] >> All in favor? Hi. [3:44:10] » We're now convening as the Wcomu County [3:44:12] Urban Services Commission uh for an open [3:44:15] work session. Uh the first item on the [3:44:17] open work session, oh, excuse me. I have [3:44:20] to make a motion to go into a closed [3:44:21] work session. [3:44:24] Did you give me that to read as well? I [3:44:26] did. What the heck I do with it? [3:44:29] >> Did you give it to me and write it? [3:44:40] I didn't throw it away [3:44:48] just [3:45:00] another one. [3:45:05] » Can you tell him we're off the air? [3:45:08] All [3:45:28] right. Urban Services closed meeting [3:45:30] statement. We got it. Entertain a motion [3:45:33] to adjourn from open sessions the Urban [3:45:35] Service Commission uh to go into a [3:45:37] closed work session pursuant to general [3:45:38] provisions article section 3-305B8 [3:45:41] to consult with staff, consultants, or [3:45:43] other individuals about pending or [3:45:44] potential litigation to protect the [3:45:46] county's legal position. So move [3:45:48] >> second. [3:45:49] >> All those in favor say I. [3:45:50] >> I oppose. [3:45:53] Thank you.