The Wicomico County Council met in a Legislative Session, April 17, 2007 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. Mr. McCain called for a moment of silence for the victims and their families of Virginia Tech. 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: Doris Schonbrunner, Council Administrator; Edgar A. Baker, Jr., County Attorney.

On motion of Mrs. Bartkovich and second by Mr. McCain the minutes of April 3, 2007 were unanimously approved as amended.

Doris Schonbrunner, Council Administrator:

Mr. Brian Foret, Board of Education, presented a virtual tour of James M. Bennett High School. The project is eleven months before beginning construction. Mr. Brad Hastings with Becker Morgan Architects presented a power point presentation of the school and a virtual tour of the school. Mr. McCain asked exactly how many phases and what each phase entails to which Mr. Foret responded there are three phases: the construction of the new school, the demolition of existing high school and the site work associated with that and then the middle school relocation and the site work associated with that also. Mr. McCain asked about the security features for the new high school to which Mr. Foret responded that a security agency has been hired and is currently reviewing the plans to determine security. Mr. Hastings explained that the doors will be able to be locked down if necessary. President Cannon asked about the traffic on Onley Road, which is the road that the buses will use, to which Mr. Hastings responded that a traffic consultant who has looked at the traffic patterns and stated that the road is able to handle the traffic.

Davis Ruark and Carolyn Widdowson, State’s Attorney’s Office- came before the Council to present an Anti-Graffiti program. Mrs. Widdowson presented a PowerPoint explaining graffiti: the types and meanings of the graffiti and the places that the graffiti can be found. Mrs. Widdowson stated that the graffiti should be cleaned off the building or location within twenty four hours after the graffiti is placed on the property. Mrs. Widdowson explained the different options that could be taken to prevent and to clean off the graffiti. She explained that some counties have abatement orders regarding graffiti to help prevent and control the graffiti. Mrs. Prettyman asked if the majority of the graffiti took place within the municipalities to which Mr. Ruark stated that it did. Mr. MacLeod asked if the graffiti was largely drug related to which Mrs. Widdowson stated that the majority of the graffiti is drug related. Mr. Holloway asked if the stores could keep the spray paint behind the counters and have to ask for the spray paint in order to keep the paint from being stolen. Mr. Ruark stated that the theft of spray paint is not a big issue in Wicomico County. President Cannon stated that if ordinances are established and citations are issued then the people who are the victims are already victims to which Mr. Ruark stated that if any ordinance or legislation is established then the same legislation be through out the municipalities as well in order to make it effective. Mr. Ruark stated there have been samples which do not penalize the homeowner in order to clean up the graffiti. Mrs. Sample-Hughes asked if there are programs to help assist the homeowners who have been victimized by the graffiti and if so have the homeowners been given the information. Mr. Ruark stated that the homeowner can be affected by the gang member or retaliation is possible if the homeowner removes the graffiti themselves which is why the State’s Attorney’s office would like to see the government take control of the issue. Mr. Ruark stated there are community programs who are very interested in becoming a part of the clean up program.

Resolution 70-2007- Board of Education Transfers- On motion of Mr. McCain and second by Mrs. Prettyman Resolution 70-2007 was unanimously approved.

Edgar A. Baker, Jr., County Attorney

Public Hearings:

Resolution 71-2007-Forest Conservation Easement Relocation containing approximately 18.93 acres in Sections 1 & 2 of the Sassafras Meadows Subdivision. There were no Public Comments. Mrs. Prettyman asked about the mitigation ratio to which Mr. Baker stated that the ratio was 1:1. Mrs. Bartkovich asked if the Resolution should state that the ratio of litigation is 1:1 to which Mr. Baker stated that he would put the ratio on the Resolution. Mrs. Bartkovich asked about the amount of acreage to which Mr. Chuck Ward, Forest Conservation Planner with the Planning and Zoning Department, explained that this is just a part of the phase and there will be other phases which will later be developed. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 71-2007 was unanimously approved.

Resolution 72-2007-Forest Conservation Easement containing approximately 1.702 acres within the Shops Tract-Southtowne Commons Shopping Center, Fruitland, Maryland. The Forest Conservation blocks the access to the lot that is behind Ruby Tuesday’s. Mitigation is offsite at a ratio of 3:1. They are using one of Maryland Land Preserve Offsite mitigation banks.

Public Comments: Steve Fuller, Fuller Hall and Associates, representing the Southtowne Tract owners-he stated that this parcel is part of a seven acre lot. Mr. Fuller stated that the Forest Conservation Easement blocked four acres of their property.

Debbie Campbell- Mrs. Campbell stated that she would like to like to see the Council and other government bodies consider adopting policies that would reveal the ownership who were doing business with government bodies. Mrs. Campbell is concerned with the flooding in that area and believes that the flooding has been caused by hard surfacing. She believes that more hard surfacing will have an impact on storm water runoff.

Steve Fuller- Mr. Fuller stated there is a large pond adjacent to the property for the runoff of the development and this property would be required to comply with County regulations.

Council Comments: Mrs. Prettyman asked who the members of the LLC are to which Mr. Fuller responded that his client is Jason Clateman whom is based out of North Carolina.

On motion of Mr. McCain and second by Mr. MacLeod Resolution 72-2007 was duly approved with Mrs. Bartkovich abstaining from the vote.

Resolution 73-2007- Forest Conservation Easement containing approximately 1.04 acres within the Bridgewood Estates subdivision. This will be mitigated at a ratio of 2:1 also using an offsite forestry mitigation bank.

Public Comments: John Grout-Wicomico Environmental Trust- Mr. Grout asked if Council has considered having staff to monitor the forest conservation easements due to the large number of them.

Mr. Ward stated that the developers are cooperative in trying to get these easements fee simple instead of going lot to lot which can become very time consuming. Mrs. Prettyman asked who the principles of Bridgewood Estates are to which Mr. Ward responded that the principles are Brian Lloyd and Kirk Kinnamon from Eastfield, LLC. Mrs. Sample-Hughes asked if there is a timeline for the developers to put the trees in that area to which Mr. Ward responded that cash bonds, performance bonds or a letter of credit is held which is issued by a bond issuer. The bonds are held until the developer plants the trees and the agreements are written so the trees are planted in a timely manner. Mr. Holloway asked Mr. Ward what is the definition of a timely manner. Mr. Ward stated that normally the developers plant the trees after the subdivision is built out but Mr. Ward stated that he feels that the trees should be planted first. If people move in and see the trees in their backyard and see the forest conservation signs the people know exactly what they are purchasing. Mrs. Prettyman asked if an ordinance should be established to address the language of the agreement to which Mr. Ward stated he and Mr. Baker would prepare some language for the Council to review to prepare an ordinance. On motion of Mr. McCain and second by Mr. Holloway Resolution 73-2007 was unanimously approved.

Resolution 74-2007-Resolution approving the acquisition of land from Michael A. Davis, Sr. and Candice C. Davis for the “Westside Collector Road,” and authorizing the transfer of certain surplus county property located on Brick Kiln Road as consideration for the acquisition. Mr. Rai Sharma, Director of Public Works, came before Council to give them background information regarding this project. This parcel of land contains 6.434 acres of land, being approximately 130 feet wide extending from Levin Dashiell Road to Brick Kiln Road. The fifteen acres located on Brick Kiln Road is declared surplus and the County Executive is authorized to convey said property to Michael A. Davis, Sr. and Candice C. Davis as part of the compensation for the acquisition of property for the Westside Collector Road along with $25,000. There were no public comments.

Council Comments: Mr. Holloway asked if this is a non access road to which Mr. Sharma stated that this is a limited access road. Mr. Cannon stated that the land backs up to the Westside Collector Road which he would think would make the land very valuable. Mr. Sharma stated that this is low land and he does not know how the land could be developed. This is Phase II of the project and Phase III has three property owners. On motion of Mrs. Prettyman and second by Mrs. Sample-Hughes Resolution 74-2007 was duly carried with an abstention by Mr. McCain.

Resolution 75-2007- Resolution adopted pursuant to the Maryland Economic Development Revenue Bond Act providing for the issuance and sale by Wicomico County, Maryland, of its industrial development revenue bonds for the purpose of financing a portion of the costs of corporation of Harvard Custom Manufacturing and paying costs of issuance of the Bonds and other related costs of the transaction. The Facility will consist of and include (1) the construction of an approximately 59,000 square foot addition to the east side of the existing building located at 600 Glen Avenue, in Salisbury, Wicomico County, Maryland, (2) the renovation of the Existing Building containing approximately 107,752 square feet, (3) the acquisition and installation in the addition and in the existing building and on such land of certain necessary or useful equipment and machinery to be used in connection with the Facility Applicant’s manufacturing activities, and (4) the acquisition of such other interests in land as may be necessary or suitable for the foregoing, including roads and rights of access, utilities and other necessary site preparation facilities. The Facility Applicant will own the facility and will use the Facility as a manufacturing facility for the manufacture of all types of electromechanical assembly products. The maximum aggregate face amount of Bonds proposed to be issued with respect to the facility is Six Million. The County is not responsible for the payment of the bonds. Harvard Custom Manufacturing pays the bonds. Mr. Ed Urban and Mrs. Cristzman came before the Council. Mr. Urban stated that ten years ago the company was doing sixty eight people’s worth of work for $300,000 and today the company is over fifty million dollars and have five hundred and eighty employees. Mr. Urban stated that that the building is a 2.7 million dollar building with a million for outfitting outside the building with another million dollars worth of equipment. Mr. Urban is projecting another two hundred employees. When the building is finished it will consist of fifty nine thousand square foot facility.

Council Comments: Mr. MacLeod asked if the new hires were residents of Wicomico County to which Mr. Urban stated that the employees are from all counties with eighty percent being from Wicomico County. Mr. Urban stated there are nine different languages and interpreters are now located in the plant to help all employees perform the task. Mr. MacLeod asked if people with disabilities are employed by Harvard Custom Manufacturing to which Mr. Urban stated that there are disabled employees already at Harvard Custom Manufacturing.

Public Comments: Mr. David Ryan, Director Salisbury Wicomico Economic Development, thanked Mr. Urban for coming before the Council and starting his company to Wicomico County.

On motion of Mr. McCain and second by Mr. MacLeod Resolution 75-2007 was unanimously approved.

Introduction of Legislative Bill 2007-2-This bill is the annual budget and appropriation bill of Wicomico County, Maryland to adopt the County budget consisting of the current expense budget for the year ending June 30, 2008 and the governmental and enterprise fund budgets for the fiscal year ending June 30, 2008 and to appropriate funds for all expenditures for the fiscal year beginning July 1, 2007 and ending June 30, 2008. Mr. Richard Pollitt, County Executive, came before Council to present a quick overview. Mr. Pollitt explained that the total requests from all departments amounts to one hundred thirty six million, six hundred sixty two thousand, and one hundred and eighteen dollars. Mr. Pollitt explained that he asked all department heads to submit a need and wants budget. The revenue that has been predicted for the upcoming year is one hundred thirty one million, nine hundred eighty thousand, and sixteen dollars. This is based on a six cent drop in the property tax rate. Mr. Pollitt stated that he has made four million, six hundred eighty two thousand, and one hundred and two dollars worth of cuts. Mr. Pollitt is proposing putting one hundred thousand dollars to be put into the Agriculture Preservation Fund which will serve as a match to leverage State funds. Mr. Pollitt also stated that money has been provided to hire a consultant to help provide a grand strategy for the update of the comprehensive plan. The budget provides for deputies to have parity with the State Police and also increase the salaries for the emergency operation center, communications officers, and hazard pay for correctional officers. Also, support for the fire and ambulance services has been added above the current year. The Board of Education requested two million dollars above maintenance of effort. Mr. Pollitt is suggesting funding the Board of Education one million dollars above the maintenance of effort. Mr. Pollitt is recommending cutting five hundred thousand dollars from the fixed charges budget and five hundred thousand from the capital outlay. Wor-Wic Community College will be fully funded. Mr. Pollitt is proposing an employee incentive program to help encourage creativity and to motivate employees to explain how to cut costs and improve efficiencies and save money. A general salary raise of four percent is being recommended which includes a 2.5% cost of living adjustment with a 1.5% merit raise. Mr. Pollitt is also recommending an additional paid day of leave on their birthday. A salary adjustment for public safety employees has also been included. Mr. Pollitt is also recommending hiring an auditor to study the tax differential. Mr. Pollitt stated that the County has received requests from outside groups (Salvation Army, Urban Salisbury, etc…) for money to assist with their organizations and due to the fact that the County can not give money to each organization Mr. Pollitt has suggested putting money aside in the amount of fifty thousand dollars to open a community competitive grant program. This program will establish standards for different groups to apply for a grant from the County which will be reviewed by a citizen’s committee to determine which groups will receive the grants. Mr. Pollitt is suggesting setting aside eighteen thousand to pay for the high school proms in order for the proms to be able to be held at the Wicomico Youth and Civic Center. Money for the Meals on Wheels program has been increased and Mr. Pollitt would like to match the request for the Health Department Village of Hope Dental Clinic. There is money to match funds for Program Open Space for skateboard parks. Mr. Pollitt would like to maintain the community matching grant program for the parks system in the County. On motion of Mrs. Bartkovich and second by Mr. MacLeod introduction of Bill 2007-2 was unanimously approved. The public hearing will be held on Tuesday, April 24, 2007, at 7:00 p.m. in the Midway room.

Mrs. Prettyman asked for clarification of the process. Mr. Baker stated that the Council may delete or decrease but can not add or increase the budget. Mrs. Prettyman asked if an item is decreased does the budget go to Mr. Pollitt to add the monies to another item or to place the monies in contingency. The Council may also add monies to the Board of Education by category. Mr. Baker stated that in the two areas that Mr. Pollitt decreased for the Board of Education the Council may add those monies back by either decreasing another area or Mr. Pollitt could come up with additional revenue or adjust the tax rate which would be limited due to the revenue cap. Mrs. Prettyman asked when Mrs. Petersen would have revenue figures to which Mrs. Prettyman stated that she will receive the figures at the end of May. Mr. Pollitt thanked his staff Mr. Theodore E. Shea, II, Sharon Morris and Patricia Petersen for their assistance during the budget process. Mrs. Prettyman informed the public that the Work Sessions for the budgets are open to the public and she encouraged the public to attend. President Cannon asked that the work sessions be posted online for the public.

Mrs. Petersen asked the Council to set the Constant Yield Hearing for May 1, 2007. The date for the Constant Yield Hearing was set.

Mr. Cannon thanked Mr. Pollitt for all of his hard work during the budget process.

Comments from Attending Citizens: Robin Holloway-President of the Wicomico County Board of Education- Mrs. Holloway explained to the Council the Emergency Preparedness that the Board of Education is addressing in the public schools. School climate is broken down into two areas: school safety and secondary discipline. The Board Members ensure that the schools are safe for the students. The graffiti that takes place within the schools is removed within twenty four hours. The school climate task force consists of one hundred and ten school based employees and has identified over sixty recommendations that pertain to school climate, discipline, and safety. There are 14,700 students speaking eighteen different languages in Wicomico County.

Augustine DiGiovanna- Distributed handouts to the Council Members. He stated that he supports the idea of additional staffing in Planning and Zoning and recommended selecting a consultant that has expertise in the demographics and population estimation projections and changes. Mr. DiGiovanna began reading a letter that he had prepared for the Council regarding Nutter’s Crossing. Due to the change in government the County Council does not have the authority to overrule the Planning Commission.

John Palmer-President of VOICE- Mr. Palmer expressed his faith in Mr. Pollitt and the County Council and looks forward to the changes that will take place.

Council Comments’. McCain expressed his gratitude to Dr. Judith Sensenbrenner who has announced that she will be retiring in July of 2007.

Mrs. Bartkovich reminded residents in Willards that the election for their Town Council Members is May 8, 2007 and encouraged voters to vote. She also stated that she was very pleased with the way the Council Members in Pittsville have been monitoring the water and sewer capacity and that they turned down an annexation request. Mrs. Bartkovich also congratulated all City Council Members that were sworn into office and especially Mrs. Louise Smith whom was elected President.

Mrs. Sample-Hughes invited citizens to participate in the first District 1 Clean Street Day which will take place on April 21, 2007 at 8:00 a.m. This will begin at Saint James AME Zion Church which is located on Delaware Avenue. San Domingo will also be having a Clean up day in their area on Saturday, April 21, 2007.

President Comments: President Cannon thanked the Delegates and Senators for their hard work during the legislative process. President Cannon also reminded citizens of the Public Hearing scheduled for April 24, 2007 at 7:00 p.m. in Midway.

The County Council reserves the right to close a portion of this meeting as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes and unanimously carried, Council voted to enter into a Closed Work Session for the purpose of discussing personnel issues.

April 17, 2007

Legislative Session __________________________

John T. Cannon, President ___________________________

Stevie Prettyman, Vice President

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William R. McCain, At-Large

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Sheree Sample-Hughes, District 1

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Gail M. Bartkovich, District 3

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David A. MacLeod, District 4

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Joe Holloway, District 5