The Wicomico County Council met in Legislative Session on Tuesday, March 18, 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; and Melissa Holland, Recording Secretary. 

 

On motion of Mr. MacLeod and second by Mr. McCain the minutes of March 4, 2008 were unanimously approved as amended.

 

Matthew E. Creamer, Council Administrator:

 

Resolution 26-2008-Resolution confirming the appointment of Mr. Milton Morris to the Wicomico County Social Services Advisory Board-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 26-2008 was unanimously approved.

 

Resolution 29-2008-Resolution making a supplemental appropriation from contingency to Recreation Parks and Tourism enterprise account in the amount of twenty-five thousand dollars- Mr. Chris Bitters, Shorebirds General Manager and John Terrell, Deputy Director of Recreation, Parks and Tourism came before Council.  Mr. Terrell explained that the pumps were put out to bid but the work will be done by Austin Cox Mechanical as they are the vendor of record.  On motion of Mr. McCain and second by Mr. MacLeod Resolution 29-2008 was unanimously approved.

 

Resolution 27-2008-Resolution to provide for a new position plan and salary grade for an employee with the Wicomico Partnership for Families and Children, also known as the Local Management Board.  The position is an Administrative Office Assistant I with a grade of 17.  On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 27-2008 was unanimously postponed as a representative was not there to discuss. 

 

Resolution 30-2008-Resolution extending the date for the adoption of the Capital Improvements Program from March 18th to April 4th 2008-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 30-2008 was unanimously approved.

 

Resolution 28-2008-Resolution to authorize the County to acquire a 67.32 acres, more or less, conservation easement, from Ruth Freeman, the property being located on the west side of Jersey Road, opposite Connelly Mill Road and designated as Tax Map 20, Parcel B.  On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 28-2008 was unanimously approved.

 

Resolution 25-2008-Resolution approving a shared facility agreement between Wicomico County, Maryland, Wicomico County Urban Service Commission and Terra Firma, LLC., and authorizing the County Executive to execute the same on behalf of Wicomico County.  Mr. Walt Maizel, Mr. James Sarbanes, Mr. Vic Laws came before Council.  After a brief discussion and all of the County Council’s concerns with the agreement having been addressed, on motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 25-2008 was duly approved with Mr. McCain recluse himself.  On motion of Mrs. Bartkovich and second by Mrs. Prettyman the meeting was adjourned to enter into the Urban Services Commission. 

 

Urban Service Commission:  Resolution 25-2008-Resolution approving a shared facility agreement between Wicomico County, Maryland, Wicomico County Urban Service Commission and Terra Firma, LLC., and authorizing the County Executive to execute the same on behalf of Wicomico County.  On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 25-2008 was duly approved with Mr. McCain recluse himself. 

 

On motion of Mr. MacLeod and second by Mrs. Bartkovich the Urban Services Commission was adjourned and the County Council reconvened in Legislative Session. 

 

Letter of Support-2009 CSAFE VRI Grant-This is for the collaborative supervision and focused enforcement, violence reduction initiative grant for 2009 which focuses on the Doverdale area.  Mrs. Sample-Hughes asked for an update on the progress that has been made and what their goals are for the future.  A letter of support was unanimously approved.

 

Crossroads at Salisbury-Utility Easement Request- Mr. Keith Iott and Mr. John Terrell came before the Council.  Mr. Iott explained that the most efficient way to get the water service from Route 50 to this project would be along the property line of Perdue Stadium which would involve purchase of an easement through the parking lot and a fee simple purchase of a remnant of the stadium property as well.  Mr. Iott is asking that a purchase of the easement and residual land for $267,583 be done.  At this point Mr. McCain recluse himself as his firm did the appraisal and he has a business relationship with Mr. Iott.  Mr. Holloway expressed his appreciation to Mr. McCain for recluse himself but asked if this should still be reviewed by the Council as a Council Member performed the appraisal.  Mr. Baker stated that he would have to confer with the Ethics Commission.  Mr. McCain explained that the appraisal was performed for the company and not the County and the County can have their own appraisal done.  Mrs. Prettyman stated that she feels that the Ethics Commission should review this.  Mr. Baker said that he would get the opinion of the Ethics Commission but asked that due to timelines could the Council decide which option they would prefer to do and then once the decision is reached by the Ethics Commission this could proceed.  Mr. Baker explained that the Council should get another appraisal if it is decided that the easement and land would be purchased.  The second appraisal would be only a review of the first appraisal.  It was unanimously approved to proceed with option three for purchasing easement and residual land. 

 

Agricultural Land Preservation Program- Mr. Creamer explained that a number of areas have met the criteria to be established as land preservation districts.  This is a request for the Council to set a date for a public hearing. 

 

Edgar A. Baker Jr., County Attorney:

 

Informational:  Chapter 225 Zoning LB-1:  Light Business Institutional District-Add self storage facilities by special exception.  Mr. Baker explained that this would have to be drafted into legislation for introduction at a later date. 

 

Introduction of Legislative Bill 2008-01:  Park Property Violations Fine Schedule.  Mr. Baker reviewed the proposed fines.  This needs to be scheduled for a public hearing at a later date.  On motion of Mrs. Sample-Hughes and second by Mrs. Bartkovich Legislative Bill 2008-01 was unanimously introduced.  This public hearing will be scheduled for May 6, 2008.

 

Public Comments:

Augustine DiGiovanna expressed his concern regarding the development trend in the County and his concern regarding down zoning in the Agricultural (A-1) District.  Mr. DiGiovanna expressed his appreciation to Mrs. Bartkovich for answering his questions that were asked of her previously.  Mr. DiGiovanna asked that the Council ask its other appointed members on the Planning Commission the same questions.  Mr. DiGiovanna also stated that he has another set of questions for Mrs. Bartkovich to answer them. 

 

Mr. Creamer made an announcement that the Public Hearing for the West Metro Core Park will be held on Tuesday, March 25, 2008 at 7:00 p.m. in the Midway Room of the Wicomico Youth and Civic Center. 

 

Council Comments:

 

Mr. MacLeod stated that he will be serving on the Health Officer Interview Panel which will be interviewing four candidates on March 24, 2008 at 11:30 a.m.

 

Mrs. Bartkovich asked if a Resolution needs to be done to extend the contract for the audit to Pigg, Krahl and Stern to which Mr. Baker stated that the Council would need a Resolution.  This will be prepared for the next Council meeting.  She also stated that she has spoke with Mr. Di Cintio, Director of Environmental Health, and the Health Department has eight or nine hundred lots that need to be reevaluated with another three hundred that need to finish paperwork but she stated that when sufficient rain is received to begin the wet season the Health Department will begin evaluations.

 

Mrs. Prettyman shared with the Council that Cherry Beach in Sharptown received Open Space Funds and Salisbury also received Open Space Funds for a City Dog Park and expressed her pleasure.  She also shared a fax that was received regarding advertising that the Liquor Dispensary does and asked that the County Council write a letter in response to the fax.  Mrs. Prettyman also stated that a letter was received from the Local Owner’s Restaurant Association explaining that they would support the Council if they placed the Dispensary system on a referendum vote.  Mrs. Prettyman would like to have a work session regarding this issue. 

 

Mrs. Sample-Hughes stated that she received phone calls from citizens regarding adult businesses being placed in the Industrial Park area and Westwood which is located by County homes and how it would affect their areas.  Mr. Lenox said that a presentation will be held on Monday, March 24, 2008 at the City Council meeting and a public hearing will be held at a later date.  She also congratulated the TAD students at North Salisbury Elementary School who shared their ideas for a new library.  She enjoyed this event.

 

Mr. McCain congratulated Mrs. Debbie Wilkins for being named as “Teacher of the Year.”  He also announced that the winter sports season is over and carried a lot of support from the schools and two wrestlers were awarded State Champions Lester Andrews from Mardela Middle and High School and Bill Waters from Wicomico High School. 

 

President Comments:

 

President Cannon acknowledged Mrs. Mary Ashanti, President of NAACP and Mr. Edward Taylor, Former District One Council Member for being in attendance. 

 

Mrs. Bartkovich moved that the meeting be adjourned to a close session to discuss Legal Issues.  The motion was seconded by Mrs. Sample-Hughes and unanimously approved.  The authority for closing the session was State Government Article Section 10-508(a).

 

Legislative Session
March 18, 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