The Wicomico County Council met in Legislative Session on Tuesday, April 1, 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.

 

A Proclamation was presented to Mr. McKinley Tull by Mr. McCain for Fair Housing Month.

 

On motion of Mrs. Bartkovich and second by Mrs. Prettyman the minutes of March 18, 2008 were unanimously approved.

 

 

Matthew E. Creamer, Council Administrator:

 

Resolution 34-2008-Resolution approving certain transfers between major categories of the Wicomico County Board of Education Operating Budget for Fiscal Year 2008; transferring a total of $98,484-Mr. Bruce Ford and Mr. Allen Brown came before Council.    The Board of Education has an account with CATO and Pacific Pride for gasoline.  A credit card is given to the drivers of the fleet vehicles.  Mr. Brown explained that only two Board of Education employees are given vehicles to take home for emergency purposes.  The other fleet vehicles are secured behind a locked gate when not in use.  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 34-2008 was unanimously approved.

 

Resolution 33-2008- Resolution approving the Capital Program for Wicomico County for Fiscal Years 2009 through 2013.  On motion of Mr. McCain and second by Mr. MacLeod the Multifamily Apartment Complex in the amount of $111,300 was unanimously removed from the Capital Program.  Mrs. Sample-Hughes explained that the Wicomico Public Library is in the process of getting schematic designs to determine how much space is needed and to determine location.  Mr. McCain asked if the amount could be reduced to which Mrs. Sample-Hughes stated that Mr. Tom Hehman, Director of Library, said that $150,000 would be a sufficient amount for this project to move forward.  On motion of Mr. McCain and second by Mrs. Bartkovich the amount of funding for the Wicomico Public Library was unanimously approved for $150,000.  Mr. Baker had been asked to provide Council with his legal opinion regarding the Fire Station in the City of Salisbury and stated that the County does not have a legal obligation to the City of Salisbury.  Mrs. Bartkovich made a motion to remove the New Fire Station in the amount of $438,750 from the Capital Program with a second by Mr. Holloway.  Mrs. Sample-Hughes then made a motion to provide half of the funding for the New Fire Station with a second by Mr. MacLeod.  Half of the funding would be $219,375.  Mrs. Sample-Hughes stated that a new facility has been constructed and 10,000 new residents have moved to the West side of the County she feels that more residents can be serviced and have increased their equipment.  Mrs. Prettyman said that due to other fire companies asking for assistance and the County not being able to assist that she can not support the motion.  Mrs. Prettyman said there are monies in the sinking fund for the fire companies as all fire companies should be treated equally and fairly.  President Cannon called for a vote for reducing the fire station to $219,375 to which Mr. McCain, Mr. MacLeod and Mrs. Sample-Hughes voted ay with Mrs. Bartkovich, Mrs. Prettyman, Mr. Holloway and President Cannon voting in opposition.  President Cannon went back to the original motion to remove the New Fire Station in the amount of $438,750 from the Capital Program with Mrs. Prettyman, Mrs. Bartkovich, Mr. Holloway and President Cannon voting ay with Mr. McCain, Mr. MacLeod and Mrs. Sample-Hughes voting in opposition.  Mr. McCain made a motion to discuss reducing the amount for the Animal Health Facility to $150,000, being as there was not a second the motion failed.  Mr. MacLeod stated he feels the County should support the Zoo as many citizens enjoy the zoo.  Mrs. Prettyman explained that the County does support the zoo through receipt of twenty percent of the hotel room tax dollars.  Mr. Holloway stated that most zoos charge admission and he feels that the zoo needs to be more self funded.  On motion of Mr. Holloway and second by Mrs. Prettyman the Animal Health Facility in the amount of $300,000 was taken out of the Capital Program with Mr. McCain and Mr. MacLeod voting in opposition.  Resolution 34-2008 was approved with Mr. McCain, Mr. MacLeod and Mrs. Sample-Hughes voting in opposition.

 

Resolution 38-2008-Resolution declaring that Ferguson Enterprises, Inc. located at 28594 Naylor Mill Road, Salisbury, MD 21801 is eligible to receive enterprise zone benefits.  On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 38-2008 was unanimously approved. 

 

Resolution 32-2008-Resolution authorizing the execution and delivery of equipment schedule No. 07 and related instruments, pursuant to approved master lease agreement No. 04112 and determining other matters in connection therewith.  Mr. Ray Micciche, Director of Information Systems and Mr. Fred Harris, Purchasing Agent came before Council.  This lease is with SunTrust.  Mr. Ray Micciche explained that the software is the replacement for the 911 software records system that is being used for Emergency Services and the Sheriff’s Department and will also give information to all of the local fire companies.  The lease covers the software and training that is required.  The existing GIS system is also tied into this software.  Mrs. Bartkovich asked if lease could be broken down into two Resolutions as one is for software and the other is for a new Caterpillar loader for Solid Waste.  The Resolution for equipment schedule No. 08 is Resolution 39-2008.  On motion of Mrs. Bartkovich and second by Mrs. Prettyman it was unanimously decided to have equipment schedule No. 07 for Resolution 32-2008 and equipment schedule No. 08 would be Resolution 39-2008.  On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 32-2008 was unanimously approved.  Resolution 39-2008-Resolution authorizing the execution and delivery of equipment schedule No. 08 and related instruments, pursuant to approved master lease agreement No. 04112 and determining other matters in connection therewith.  Mr. Harris explained that this company was decided upon as they provide a buy back on the equipment.  On motion of Mr. Holloway and second by Mr. MacLeod Resolution 39-2008 was unanimously approved.

 

Resolution 35-2008-Resolution confirming the engagement of the firm of Pigg, Krahl, Stern and Company (PKS) to perform the independent audit of the County’s financial transactions required by Section 904 of the Charter of Wicomico County- Mrs. Patricia Petersen, Director of Finance came before Council.  Mrs. Bartkovich asked which type of audit they perform to which Mrs. Petersen responded this is a financial statement audit.  All red flags found in the audit are reported to Management, Management being the County Executive office.  A request was made again for the Management Letter that PKS submitted for the 2008 audit.  Mrs. Petersen explained that if a new firm was hired the firm would have to document the entire system which would entail how it works by memos and flowcharts.  PKS has understanding of the system and through prior work papers they would be able to just transfer the information as opposed to creating all of the new information.  On motion of Mrs. Sample-Hughes and second by Mrs. Prettyman Resolution 35-2008 was unanimously approved.

 

Resolution 36-2008-Resolution confirming the appointment of Kimberly Thomas to the Core Service Agency Mental Health Advisory Board-On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 36-2008 was unanimously approved. 

 

Resolution 37-2008-Resolution confirming the appointment of Jerome Novack to the Core Service Agency Mental Health Advisory Board-On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 37-2008 was unanimously approved.

 

Resolution 31-2008-Has been withdrawn by the County Executive.

 

Edgar A. Baker, Jr., County Attorney:

Mr. Baker had nothing at this time

 

Public Comments: 

Mrs. Mary Ashanti, President NAACP, came before Council to express the NAACP concerns regarding social responsibility and moral accountability.  Mrs. Ashanti expressed the resident’s disappointment with the portables being placed outside of West Salisbury Elementary with selection of Prince Street School portables to be the new home of alternative learning program called Choices.  Mrs. Ashanti brought an incident to the Council’s attention which occurred in November 2007 with the Sheriff’s Department and would like to know who is responsible for insuring that a report of the investigation into the incident will be released to the public in a timely manner. 

 

Augustine DiGiovanna came before Council to express his concerns regarding the Planning Commission and the developments and subdivisions that have been previously approved.  He provided written comments to the Council as well.

 

Joe Gidjunis, reporter for The Daily Times, came before Council to inform them that he will no longer be the reporter for Wicomico County as he is transferring to New Jersey and will be working for the Gannett there and he expressed his appreciation to the Council.  Council members expressed their good wishes for his new job and thanked him for his service. 

 

Mr. Creamer informed Council that at a previous meeting there were letters of information regarding applications for Fred Moore Properties and Kensington Manor LLC for work being done at the Holly Center.  This correspondence is first notice and the State will send out another opportunity for anyone requesting a public information meeting to be held and if the Council would like to request a meeting it can be done so once the letter of invite is received. 

 

Council Comments: 

Mr. Joe Holloway thanked everyone who attended the public hearing on March 25, 2008 regarding the West Metro Core Park and he also thanked all of the people who called and emailed the Council as well.  Mr. Holloway said that when the right property is found and all of the requirements met he would be fully supportive of a park.  He also informed the citizens that on Saturday, April 5, 2008 Plow Days will be taking place on Mount Hermon Road and invited them to attend.

 

Mrs. Prettyman stated that she was against buying a subdivision for a park and feels the County should look for lower priced land.  She also thanked Mr. Pollitt for withdrawing this and hopes that the next time a park is proposed it will be embraced by all citizens.

 

Mr. MacLeod hopes that the County will be able to locate land on the West Side to have a park and thanked the citizens for all of their comments. 

 

Mrs. Bartkovich thanked Mr. DiGiovanna for an issue that he brought to the attention of Mr. Pollitt and Planning and Zoning Department which was held from the agenda.  She also said that the development plan was complete for Whaley’s Run and Stonebridge has submitted the items which were missing from their development plan. 

 

Mrs. Sample-Hughes announced that Rewastico Creek in Hebron has been placed on a study by MDE until August 2008 to monitor the water quality of the wastewater being released into the creek.  A public hearing will be on April 10, 2008 at 7:00 p.m. regarding Waller Landing.  Hebron is holding an election on Tuesday, April 8th from 7:00 a.m. to 7:00 p.m. and encourages the citizens to vote. 

 

Mr. MacLeod informed the Council that the panel completed its interview process for the position of Health Officer and has submitted a recommendation for Mr. Pollitt. 

 

Mr. McCain said that Mr. Pollitt’s reason for pulling the park property is because the citizens were divided and he compliments Mr. Pollitt.

 

President Comments:
President Cannon explained that he wants the Salisbury Fire Department to know that due to cuts the County is not abandoning them but would like to minimize the work done by the Salisbury Fire Department by creating a fair balance between all fire stations.  President Cannon also said that in the Public Hearing regarding the West Metro Core Park everyone was allowed to speak and he was glad that it was a very civil meeting.

 

Mr. McCain moved that the meeting be adjourned to an open work session.  The motion was second by Mrs. Prettyman and unanimously approved.

 

Legislative Session                                           

April 1, 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