2013 Maryland Code
NATURAL RESOURCES
§ 5-908 - Fair Hill Improvement Fund

§5-908.

(a) In this section, “Fund” means the Fair Hill Improvement Fund.

(b) There is a Fair Hill Improvement Fund in the Department, to be used for the operation, maintenance, development, and improvement of the Fair Hill facilities at Fair Hill, Maryland.

(c) Any money obtained by the Department from Fair Hill shall be credited to the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7-302 of the State Finance and Procurement Article.

(2) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

(3) Moneys in the Fund may be used for administrative costs calculated in accordance with § 1-103(b)(2) of this article.

§ 5-908 - 1. Somers Cove Marina Commission and Improvement Fund

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Commission" means the Somers Cove Marina Commission.

(3) "Fund" means the Somers Cove Marina Improvement Fund.

(4) "Unencumbered" means not pledged for use by the State for Somers Cove Marina before the creation of the Commission.

(b) Establishment of Commission. --

(1) (i) There is a Somers Cove Marina Commission.

(ii) The Commission is a body politic and corporate and an instrumentality of the State.

(2) The Commission consists of the following members:

(i) Two members from Somerset County, appointed by the Board of County Commissioners of Somerset County, one of whom shall be a member of the Somerset County business community;

(ii) Two members from the City of Crisfield, appointed by the Mayor of Crisfield, one of whom shall be a member of the Somerset County business community; and

(iii) Three members appointed by the Secretary, one of whom shall be a current slip holder at Somers Cove Marina.

(3) (i) The term of a member is 4 years.

(ii) A member may not serve more than 2 consecutive terms.

(iii) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(iv) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(4) A member is not entitled to compensation except for reimbursement for expenses as provided in the budget of the Commission.

(5) (i) The Commission shall elect a chair and a vice chair of the Commission from among its members.

(ii) The Commission shall appoint a secretary-treasurer who need not be a member of the Commission.

(iii) A secretary-treasurer who is not a member of the Commission may not vote on matters before the Commission.

(6) (i) The Commission shall meet at least every 2 months, as determined by the chair.

(ii) At least 10 days before each meeting, written notice shall be given to each member of the Commission.

(7) Five members of the Commission are a quorum.

(8) A majority vote of the members present at a meeting having a quorum is needed for the Commission to act.

(9) (i) The Secretary may remove a member of the Commission for any reason upon a majority vote of the members of the Commission.

(ii) If a member is removed, a new member shall promptly be appointed by the individual or body that appointed the removed member.

(c) Executive Director. --

(1) The Secretary shall:

(i) Appoint an Executive Director;

(ii) Consult with the Commission in conducting the annual performance evaluation of the Executive Director; and

(iii) Review and make determinations on requests for approval of leases and contracts submitted to the Secretary by the Executive Director in accordance with subsection (d) of this section.

(2) The Executive Director:

(i) Shall administer the Fund;

(ii) On or before May 1 of each year, and after consulting with the Commission, shall prepare operating and capital budgets for the subsequent fiscal year and submit the budgets to the Commission for review and approval;

(iii) Shall supervise the marina manager;

(iv) May execute leases of land, buildings, or facilities at Somers Cove Marina and execute contracts for events or concessions at Somers Cove Marina in accordance with subsection (c) of this section;

(v) Subject to the approval of the Secretary, and in cooperation with the Commission, shall develop an annual master plan for the operations, maintenance, development, and improvement of Somers Cove Marina that improves services to the general boating public;

(vi) Shall administer, in cooperation with the Commission, all unencumbered grants;

(vii) 1. Shall employ a staff to operate and maintain Somers Cove Marina, and set the staff's compensation; and

2. Shall, except for the marina manager, employ staff as employees of the Commission; and

(viii) Shall be an employee of the State and serve at the pleasure of the Secretary.

(3) (i) The marina manager shall be an employee of the State.

(ii) The marina manager is responsible for the day-to-day operations of the marina.

(4) On approval of and subject to the conditions that the Department may require, Commission staff who are not employees of the Department may use vehicles or equipment of the Department.

(d) Leasing of land, building, or facility. --

(1) A lease of land, a building, or other facility at the Somers Cove Marina or a contract for an event or concession at the Somers Cove Marina shall conform to the annual master plan approved under subsection (c)(2)(v) of this section.

(2) A lease of land, a building, or a facility or a contract for an event or concession that is executed by the Executive Director:

(i) May not be for a term of more than 5 years or be renewed for more than an additional 5 years; and

(ii) Shall be reviewed and approved by the Commission and Office of the Attorney General.

(3) A lease entered into before the creation of the Commission shall remain in effect for the duration of the term of the lease.

(4) (i) The Executive Director may not execute a lease or contract for nonboating related improvements or goods at the marina without the approval of the Secretary.

(ii) Within 30 days after receiving a request for approval of a lease or contract, the Secretary shall provide the Executive Director with an initial response that may include a process or plan of action for addressing the merits of the request.

(e) Transfer of vehicle, equipment or other inventory to Commission. -- On approval of and subject to the conditions that the Secretary may require, the Department may transfer any vehicle, equipment, or other inventory to the Commission.

(f) Procurement of goods and services. --

(1) Except as provided in paragraph (6) of this subsection, the Executive Director shall procure goods, services, and capital improvement, design, and maintenance projects in accordance with the requirements of this subsection.

(2) For goods, services, and capital improvement, design, and maintenance projects with an expected value of $ 1,000 to $ 5,000, the Executive Director shall:

(i) Make a written or telephone request for bids;

(ii) Evaluate the bids; and

(iii) Award the contract to the responsible bidder that submits the responsive bid that is the lowest bid price.

(3) For goods, services, and capital improvement, design, and maintenance projects with an expected value of $ 5,000 to $ 200,000, the Executive Director shall:

(i) Advertise the solicitation in a local newspaper and on the Somerset County website;

(ii) Issue invitations for bids to all known prospective vendors;

(iii) Tabulate and evaluate the bids;

(iv) Select for award the responsible bidder who submits the responsive bid that is the lowest bid price; and

(v) Submit the proposed award to the Commission for review and approval.

(4) The Executive Director shall procure goods, services, and capital improvement, design, and maintenance projects with an expected value exceeding $ 200,000 in accordance with Division II of the State Finance and Procurement Article.

(5) For goods, services, and capital improvement, design, and maintenance projects funded by the proceeds from State bonds, the Executive Director shall submit the proposed award to the Board of Public Works for approval.

(6) For an emergency procurement that the Executive Director determines to be necessary to avoid or mitigate serious damage to public health, safety, or welfare, the Executive Director shall:

(i) Obtain as much competition as possible under the circumstances; and

(ii) After awarding the procurement contract, submit to the Commission and the Secretary a written report that gives the justification for the use of the emergency procurement procedure.

(7) The Executive Director shall adopt a procurement policy that includes provisions for minority- and women-owned business participation.

(8) This subsection does not apply to procurement in support of enterprise activities for the purpose of direct resale or remanufacture and subsequent resale.

(g) Responsibilities of Commission. --

(1) The Commission shall:

(i) Adopt an operating budget to use the Fund to implement the master plan;

(ii) Adopt a capital budget that may use funds from Somerset County, the City of Crisfield, the State, and other sources to implement the master plan;

(iii) 1. Apply for grants from the Waterway Improvement Fund in accordance with Title 8, Subtitle 7 of this article; and

2. Subject to the Secretary's approval, receive approved grant amounts at the time of acceptance of a bid or bids for waterway improvement work;

(iv) Assess slip and other fees and charges at Somers Cove Marina as necessary in order to implement the master plan;

(v) Set policy and provide general oversight of marina operations; and

(vi) Adopt rules and regulations necessary for the conduct of its own affairs.

(2) The Commission may:

(i) Accept gifts, contributions, or loans of money, supplies, goods, and services, and accept appropriations, allotments, and loans of money from:

1. The State or federal government;

2. A federal corporation;

3. A unit or instrumentality of the federal government; or

4. A political subdivision or instrumentality of the State;

(ii) Exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law; and

(iii) Do all things necessary to carry out the mandates and powers expressly provided by this section.

(h) Establishment of Fund. -- There is a Somers Cove Marina Improvement Fund in the Commission, to be used for the operation, maintenance, development, and improvement of the Somers Cove Marina facilities in Crisfield, Maryland.

(i) Credit to Fund. -- Any money obtained by the Commission from Somers Cove Marina shall be credited to the Fund.

(j) Duties of Commission relating to moneys of the Fund. --

(1) The Commission shall:

(i) Maintain the Fund in a bank account separate from State funds;

(ii) Transfer any unencumbered moneys in the Fund run by the Department to the Commission's Fund; and

(iii) Reimburse the State for the salary of the marina manager.

(2) Moneys of the Fund are:

(i) Not moneys of the State within the meaning of Article VI of the Maryland Constitution; and

(ii) Subject to audit by the State, including the Department and the Legislative Auditor.

(3) Moneys pledged for use by the State for Somers Cove Marina before the creation of the Commission shall be used for the same purpose as originally pledged.

(k) Accounting of revenues and expenses. -- On or before October 1 of each year, the Commission shall provide to the Department an accounting of revenues and expenses from Somers Cove Marina for the previous fiscal year.

(l) Evaluation. --

(1) On November 1, 2011, the Department and the Commission shall begin to evaluate the Commission's work so that the Department and the Commission may make findings and recommendations concerning the Commission's ability to:

(i) Operate, maintain, develop, and improve Somers Cove Marina in an effective manner; and

(ii) Afford or assume the costs of operating, maintaining, developing, and improving Somers Cove Marina, including the salaries of:

1. The Executive Director; and

2. Employees of the State who remain working at Somers Cove Marina.

(2) On November 1, 2013, based on the evaluation undertaken in accordance with paragraph (1) of this subsection, the Department and the Commission shall report their findings and recommendations, in accordance with § 2-1246 of the State Government Article, to the General Assembly.