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[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
[1:01:18]
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
[1:44:26]
>> 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.