The Wicomico County Council met in Legislative Session on Tuesday, February 5, 2008 in Council Chambers, Government Office Building, Salisbury, Maryland at 10:00 a.m.   President Cannon called the meeting to order.  The Lord’s Prayer and Pledge of Allegiance were recited.  Present:  John T. Cannon, President; Stevie Prettyman, Vice President; William R. McCain, Sheree Sample-Hughes, Gail M. Bartkovich, David A. MacLeod and Joe Holloway.

 

In attendance:  Matthew E. Creamer, Council Administrator; Edgar A. Baker, Jr., County Attorney; Richard M. Pollitt, Jr., County Executive and Melissa Holland, Recording Secretary.

 

Proclamations:
Mr. Richard M. Pollitt, Jr. presented a Proclamation for Black History Month to the following groups:  Wicomico County NAACP, Tri-County Coalition, Chipman Cultural Center, Fraternities and Sororities that make up the Juneteenth Committee, and Salisbury High School.

 

President Cannon also read a Proclamation for International Networking Week.

 

On motion of Mr. McCain and second by Mr. MacLeod the minutes of January 15, 2008 were unanimously approved.

 

 

Matthew E. Creamer, Council Administrator:

 

Resolution 05-2008-Resolution to make appropriation of funds to various Sheriff’s accounts from unanticipated revenues received from forfeitures in the amount of $121,797.56.  Sheriff Mike Lewis, Captain Mike Elliott, and Davis Ruark, State’s Attorney came before Council.  Mr. Ruark explained the forfeiture process to the Council.  Mrs. Bartkovich asked if a policy should be set in place for forfeited funds to which Mr. Baker stated this should be done on a case by case basis.  Mrs. Prettyman said that this is unanticipated revenue for the County and this process is explained in the Charter and the process is to request the funds from the Council.  Mrs. Sample-Hughes asked that at some point the forfeited funds be used for programmatic assistance to work with the community on different programs to help reduce crime.  On motion of Mrs. Sample-Hughes and second by Mrs. Prettyman Resolution 05-2008 was unanimously approved.

 

Resolution 06-2008-Appropriation of funds to the Circuit Court Capital Account from unanticipated revenues received from the State Judiciary for Clerk’s Office Lease space for Fiscal Year 08 in the amount of $4,979.  Mark Bowen, Clerk of Circuit Court and Wendy Riley, Circuit Court Administrator came before Council.  Mr. Bowen explained that the State provides an appropriation to the County for rent for Clerk’s space.  He stated that the money this year will be used for installing panic switches in his office as well as redesigning the front counter.  The amount of $4,979 is unanticipated revenue received.  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 06-2008 was unanimously approved.

 

Resolution 07-2008-Resolution approving an agreement for payment in lieu of taxes between the State of Maryland, Wicomico County and the Pine Bluff Village preservation limited partnership and authorizing the County Executive to execute the agreement. 

Resolution 09-2008-Resolution endorsing the Pine Bluff Village Apartment project to be financed through the Department of Housing and Community Development of the State of Maryland or the Community Development Administration.  Mr. Creamer explained that Resolution 07-2008 is a renewal of the thirty year pilot (Payment in Lieu of Taxes).  Resolution 09-2008 is a request from the State for the County Council for a letter of endorsement.  Pine Bluff Village provides affordable housing to seniors on a subsidized rental basis.  Andrew Agetstein and Wes Gaskert from AIMCO came before Council requesting an extension of the PILOT agreement.  Mr. Baker stated the owner will make payments directly to the County.  Repairs to the apartments will be done in a timely manner with minimal resident relocation.  A Section 8 contract covers 150 out of the 151 apartments.  On motion of Mr. MacLeod and second by Mr. McCain Resolution 07-2008 was unanimously approved.  On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 09-2008 was unanimously approved.

 

Changing Council Legislative Session time from 10:00 a.m. to 9:00 a.m. - Mr. McCain stated that he suggested changing the meeting time in order to allow the meeting and work sessions to continue without having to take a lunch break.  Mr. Holloway stated that he feels the Council should use their time wisely and is in favor of changing the meeting time.  Mrs. Sample-Hughes asked how it would affect the office staff to which Mr. Creamer responded it would not have any affect on the office.  Mr. MacLeod does not feel the meeting time needs to be changed as the time has always been 10:00 a.m. and the citizens are aware of the time.  Mrs. Prettyman said that she can’t support changing the time as people that are attending the meeting are afforded time to go to their office and prepare before coming to a meeting at 10:00 a.m.  President Cannon feels that this needs to be a unanimous decision and this will be addressed at a later time and the meetings will continue at 10:00 a.m. 

 

Public Hearing:

Edgar A. Baker, Jr., County Attorney: 

Resolution 03-2008-Notice was given in compliance with Chapter 22 of the Wicomico County Code and Article 25A, Section 5 of the Annotated Code of Maryland, that the County Council of Wicomico County, Maryland will hear public comment on Resolution 03-2008 to enter into a supplemental agreement with the Airport Commission and the United States of America, Federal Aviation Administration, extending their current lease for 982 square feet of office space on the second floor of the old terminal building.  This would be extending for an additional five years at a rate of $910 monthly. 

There were no public comments.

Resolution 03-2008-Resolution to authorize the County Executive to execute on behalf of Wicomico County a lease to the Federal Aviation Administration.  On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 03-2008 was unanimously approved. 

 

Matthew E. Creamer, Council Administrator:

Consideration of House Bill 125-Property Tax Charter Counties limits-A similar bill was brought before the County Council last year and this bill has come before the Council once again.  This bill could propose a possible remedy for Counties which have tax or revenue limitations imposed upon them at the local level.  If this bill were enacted it would enable those Counties to circumvent that limitation and impose a tax rate higher than would be allowed by Charter limitations.  Mr. Creamer provided Council with a draft letter to be sent to the Delegates.  Mrs. Bartkovich and Mr. Holloway both expressed their support for sending the letter.  Mr. McCain expressed that he could not support sending a letter to the Delegation as he did not support last year.  Mr. McCain suggested individual Council members send a letter as opposed to the Council as a whole.  A roll call vote was taken to send a letter requesting that Wicomico County be excluded from House Bill 125 with Mr. McCain requesting that the vote be recorded in the letter:  Mr. MacLeod-aye, Mrs. Prettyman-aye, Mr. McCain-opposed, Mr. Holloway-aye, Mrs. Sample-Hughes-opposed, Mrs. Bartkovich-aye, and President Cannon-aye.  On motion of Mrs. Bartkovich and second by Mr. MacLeod the letter of support was approved by a five to two vote. 

 

Discussion of Homestead Tax Credit- Mr. Steven Carey, Assessments and Taxation –Mr. Carey explained that legislation may repeal the requirement of homeowners having to complete an application.  Mr. Carey also stated that Wicomico County is one of six Counties whose homestead tax cap is at the maximum of 10% and if Wicomico County lowered their rate it could be a possible savings to eligible homeowners which could in turn mean that Wicomico County could raise the tax rate.  On consensus of Council a work session will be held to discuss lowering the homestead tax cap.   Mr. Baker explained that the legislation would have to be in effect by November 15th to lower the cap for the fiscal year and if not the cap would apply to the following year.  Mr. Carey explained to Council how the assessment price is determined. 

 

Resolution 08-2008-Resolution to authorize the reclassification of an Assistant State’s Attorney I position to Assistant State’s Attorney II- Mr. Davis Ruark, State’s Attorney and Paul Montemuro, Assistant State’s Attorney came before Council.  Mr. Ruark came before Council requesting that Ella Disharoon be reclassified to an Assistant State’s Attorney II.  On motion of Mr. McCain and second by Mr. MacLeod Resolution 08-2008 was unanimously approved.

 

Letter of Support for Core Service Agency:  Mr. Creamer explained that funding for the Core Service Agency is in jeopardy of reduction and asked the Council if they would like to send a letter of support for the Core Service Agency.  Mrs. Bartkovich explained that the Core Service Agency assists residents with mental illness to successfully live in this community.  On motion of Mrs. Bartkovich and second by Mr. Holloway a letter of support was unanimously approved. 

 

Public Comments:

Augustine DiGiovanna came before Council and shared his appreciation to Mr. McCain, Mrs. Prettyman and Mr. Jack Lenox for discussing growth and development on a local radio station.  He also thanked President Cannon for speaking with him regarding his concerns.  Mr. DiGiovanna expressed his concern regarding the Planning Commission and urged the County Council to complete the work on the comprehensive plan.  He also expressed his concern regarding growth in the County.  He distributed his comments to the County Council. 

 

Council Comments:

Mrs. Bartkovich asked Mr. Pollitt if the auditors had sent the formal letter to the County Executive to which Mr. Pollitt stated he had not received this letter as of this date.  Mrs. Bartkovich also reminded voters to vote on February 12, 2008 for the First Congressional District and to vote for Delegates to the Republican National Convention Congressional District. 

 

Mrs. Sample-Hughes explained that due to inclement weather her quarterly meeting was canceled on January 25, 2008 but has been rescheduled for Thursday, February 7, 2008 at 7:00 p.m. at the Richard Hazel Youth Center.  Mrs. Sample-Hughes expressed her condolences to Mrs. Mary Ashanti whose grandson passed away on February 4, 2008. 

 

Mr. David MacLeod expressed his appreciation to Mr. Pollitt and his staff for responding to citizens concerns in a timely manner.  He also encouraged citizens to become involved in the schools as volunteers and mentors. 

 

Mr. Holloway thanked Mr. Carey for attending the Council meeting and encouraged citizens to complete the application and if a citizen disputes the assessment provide documentation to Assessments and Taxation.

 

President Comments:
President Cannon reminded citizens that the next meeting of February 19, 2008 will be held in the evening at 6:00 p.m. in Council Chamber.

 

Mrs. Bartkovich moved that the meeting be adjourned to an open session followed by a closed session to discuss purchase.  The motion was seconded by Mr. McCain and unanimously approved.  The authority for closing the session was State Government Article Section 10-508(a).

 

 

Legislative Session

February 5, 2008

 

                                                                                    ______________________________

                                                                                    John T. Cannon, President

 

                                                                                    ______________________________

                                                                                    Stevie Prettyman, Vice President

 

                                                                                    _____________________________

                                                                                    William R.  McCain, At-Large

 

                                                                                    _____________________________

                                                                                    Sheree Sample-Hughes, District 1

 

                                                                                    _____________________________

                                                                                    Gail M. Bartkovich, District 3

 

                                                                                    ______________________________                                   

                                                                                    David A. MacLeod, District 4

 

                                                                                    ______________________________

                                                                                    Joe Holloway, District 5

_______________________

Matthew E. Creamer

Council Administrator