The Wicomico County Council met in Legislative Session on Tuesday, May 6, 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 Prettyman, 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 Mrs. Mary Ashanti and Mrs. Carey for Perfect Attendance Month and Perfect Attendance Day.

 

On motion of Mr. McCain and second by Mrs. Prettyman the minutes of April 15, 2008 were unanimously approved as amended.

 

 

Mr. Matthew E. Creamer, Council Administrator:

Resolution 61-2008-Resolution approving certain transfers between major categories of the Wicomico County Board of Education Operating Budget for Fiscal Year 2008; transferring a total of $154,437.00- On motion of Mr. MacLeod and second by Mr. McCain Resolution 61-2008 was unanimously approved.

 

Resolution 70-2008-Resolution to appoint the Board of Managers of various public drainage associations within Wicomico County- Mr. Creamer read the managers list for each association and on motion of Mr. Holloway and second by Mrs. Sample-Hughes Resolution 70-2008 was unanimously approved.

 

Resolution 71-2008-Resolution to certify the drainage tax roll to the Director of Finance as requested by the Board of Managers of the Public Drainage Associations- Mr. Creamer read the amount for crop per acre as well as wood acre and the minimum for each public drainage association.  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 71-2008 was unanimously approved.

 

Resolution 65-2008-Resolution to approve the FY 2009 intergovernmental agreement with the Wicomico County Department of Social Services for child support and work opportunities positions- This contract will provide four Child support positions and one Work opportunities position with supervision from the Child Support Division and the WCDSS One Stop Job Market.  These positions are renewals.  On motion of Mr. MacLeod and second by Mrs. Sample-Hughes Resolution 65-2008 was unanimously approved. 

 

Resolution 63-2008-Resolution making a supplemental appropriation from contingency to the Board of License Commissioners for Wicomico County in the amount of $2,266.66.  Mrs. Bartkovich stated that the suit is against the City of Salisbury and asked if the City reimbursed the County to which Mr. Baker stated that the Board of License Commissioners is a County agency and has to pay the legal bills.  On motion of Mrs. Bartkovich and second by Mrs. Prettyman Resolution 63-2008 was unanimously approved.

 

Resolution 64-2008-Resolution making a supplemental appropriation from contingency to Recreation Parks and Tourism grants account in the amount of $10,900.  This amount is being transferred from Contingency to 125.485.55100.049.  This is for the two appraisals that were performed on the Davis property for the proposed West Metro Core Park.  On motion of Mrs. Sample-Hughes and second by Mr. McCain Resolution 64-2008 was unanimously approved.

 

Resolution 62-2008-Resolution declaring that Manhattan Square, LLC is eligible to receive Enterprise Zone Benefits for the Commercial portion of 213 E. Main Street, Salisbury, MD 21801-$200,000 was spent on improvements for the commercial portion.  On motion of Mr. MacLeod and second by Mr. McCain Resolution 62-2008 was unanimously approved. 

 

Resolution 58-2008- Approving the Fiscal Year 2008 Rental Allowance Agreement-Providing a six month subsidy for housing to prevent homelessness.  This is funded by the Department of Housing and Community Development.  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 28-2008 was unanimously approved. 

 

Resolution 66-2008-Resolution confirming the appointment of Lt. Tod Richardson with the Wicomico County Sheriff’s Office to the Appeals Board of Vicious Dogs.  Mrs. Bartkovich asked if substitutes would be available for each member to which Mr. Baker stated that due to the season approaching a board was needed but will come back before the Council again to determine members when they approve the Legislation.  On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 66-2008 was unanimously approved. 

 

Resolution 67-2008-Resolution confirming the appointment of Lori Brewster with the Wicomico County Health Department to the Appeals Board for vicious dogs.  Mr. Creamer asked if the Resolution should be amended to say Lori Brewster, Health Officer to which Council agreed.  On motion of Mrs. Bartkovich and second by Mr. McCain Resolution 67-2008 was unanimously approved as amended. 

 

Resolution 68-2008-Resolution confirming the appointment of Dr. Carol Lewis to the Appeals Board for vicious dogs and the designation of Dr. Jaclyn Wolinski as an alternate, both with Healing Hands Animal Hospital.  On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 68-2008 was unanimously approved. 

 

Mr. Creamer called attention to items in the brief book.  Mr. Creamer announced that the State has confirmed Mrs. Lori Brewster as Health Officer.  Mr. Creamer referred to reports from the Liquor Control Board and stated that the Board will resume sending monthly reports on the operation of the dispensaries as required by law.   

 

Edgar A. Baker, Jr., County Attorney

Public Hearings:

Legislative Bill 2008-02-An act to amend Chapter 225 of the Wicomico County Code, titled “Zoning,” Part 6, “Accessory and Principal Uses” Article XVIII, entitled “Principal Uses,” Section 225-67, titled “Table of Permitted Uses-designations” to expand the uses permitted by special exception in an LB-1 Light Business and Institutional District, to include self storage facilities. 

 

Public Comments:
Palmer Gillis requested this text amendment due to property owned on Beaver Run Drive for an enclosed or concealed facility for recreational vehicle storage.  The drain field areas in those lots do not provide for septic and these lots can only be used for warehouse or storage. 

 

On motion of Mr. McCain and second by Mrs. Prettyman Legislative Bill 2008-02 was unanimously approved.

 

Legislative Bill 2008-01-An act to amend the “Schedule of Fines” adopted by the County Council of Wicomico County pursuant to Chapter 179 of the Code of Wicomico County, entitled “Parks, Recreational Facilities and Areas” Section 179-13, entitled “Violations and Penalties” to increase the fines for violating provisions of Chapter 179.

 

There were no public comments.

 

On motion of Mr. McCain and second by Mrs. Bartkovich Legislative Bill 2008-01 was unanimously approved.

 

Resolution 69-2008-Resolution in support of an application for funds from the Maryland Small Cities Community Development Block Grant program for the listed projects. 

 

There were no public comments. 

 

Mrs. Prettyman explained that the proposed Texas Road Drainage is still an issue and hopefully they will submit an application next year.  Ms. Lori Carter, Planning & Zoning came before Council.  Mrs. Sample-Hughes asked what the process is for citizens to apply for housing rehabilitation.  Ms. Carter explained there is a list of 217 citizens which are referred from the Department of Social Services or MAC Inc.  On motion of Mr. McCain and second by Mr. MacLeod Resolution 69-2008 was unanimously approved.

 

Status of Current Grants-Planning & Zoning-Robin Ayele, Community Development Planner came before Council to update the Council with the status of the current grants.  The County received $525,000 for housing rehabilitation and community development.  $340,000 for housing rehabilitation of thirty four households,   $25,000 for a substandard housing study completed by Salisbury University, $10,000 for fair housing activities through the Fair Housing Board and $150,000 as a grant amendment to replace wells.  Between July 2007 and February 2008 thirty households received new wells in the form of grants and the average grant amount was $4,382. 

 

There were no public comments.

 

Council asked for a copy of the substandard housing study which was completed by Salisbury University. 

 

On motion of Mrs. Bartkovich and second by Mr. Holloway the closeout of these grants was unanimously approved.

 

Constant Yield Public Hearing:

Mrs. Patricia Petersen, Director of Finance came before Council for the Constant Yield Hearing.  Mrs. Petersen read the advertisement for the Constant Yield.  Mrs. Petersen then explained that the proposed County tax rate is going down 6.7 cents as assessments increase property tax revenues increase.  Any individual taxpayer whether assessments go up or down a person will see less tax, same taxes or more taxes.  The tax rate is going down not up. 

 

Public Comments:
James DeHand stated his confusion regarding the notice and then the explanation that Mrs. Petersen had given and said that he had been through the appeal process once and will continue to do once again. 

 

A citizen who declined to give his name expressed his concerns regarding taxes.  Mrs. Petersen offered to meet with the gentleman to discuss their concerns. 

 

Mrs. Petersen continued saying the Council may lower the property tax rate to the constant yield rate or it can adopt a tax rate higher than the constant yield rate but if the constant yield rate is not adopted the Council must hold a public hearing advising it will not adopt the constant yield tax rate.  This is that public hearing.  The Council agreed to adopt the tax rate on May 20, 2008 or no later than June 3, 2008.

 

Public Comments:

Richard Holloway came before Council and explained that the bus contractors have presented a proposal to the Board of Education which could bring them close to current operating expenses.  Mr. Holloway stated that the diesel prices are increasing daily and stated the importance of the school buses.

 

Mary Ashanti, President of NAACP, came before Council asking that the Sheriff’s Department have accountability regarding an incident which occurred at the Perry and Gates Barbershop.  Mrs. Ashanti would like the Sherriff to publicly apologize and would like the Sheriff to come to a future Council meeting to discuss the situation.

 

Harold Tilghman, Past President of School Bus Contractors Association, expressed his concern regarding the school buses and the prices of fuel which has increased dramatically. 

 

Ernest Davis, President of School Bus Contractors Association, reiterated the concerns of the bus contractors and stated that there is competition regarding the drivers as they change jobs and change to other companies and would appreciate any help that the County can offer the contractors.

 

President Cannon asked that Lori Brewster come to the table and the Council congratulated her for being officially named Health Officer. 

 

Council Comments:

Mrs. Sample-Hughes thanked the citizens for attending her last quarterly meeting which was held in Mardela Springs and expressed her appreciation to the Mardela Springs Fire Company and Mrs. Donna Short for all of their assistance.  She also stated that she attended the Comcast Cares event at the Maryland Food Bank and the volunteers packed twelve tons of food as well as items for the children and food bowls.  She appreciates all of their help.  Mrs. Sample-Hughes explained to Mr. Baker that he will be receiving a letter regarding ramifications if appointed members do not attend board meetings.

 

Mr. David MacLeod stated that the groundbreaking of the MAC Center was held and that is a great accomplishment and on May 14, 2008 the groundbreaking of the Bennett High School will take place as well as re dedication of the Prince Street Elementary School.  He also thanked Mrs. Sharon Morris for helping the citizens who have problems or complaints. 

 

Mrs. Bartkovich congratulated the graduates of Wor-Wic Community College who will be graduating this evening.  She also asked if the Health Department will also receive a copy of the monitoring wells for the Village Down River as the County should receive a report each month.  Mrs. Bartkovich explained that the monitoring wells are placed along the perimeter of the property to detect leakage.

 

Mr. McCain reiterated that the County real property tax rate is going down; it will not increase even though the constant yield tax rate gives that impression.  He also explained that the Board of Education is an exception and the Council can add to the Board of Education’s budget.  The local high schools are wrapping up the season and wished them the best of luck in upcoming playoffs.

 

President Comments:
President Cannon thanked Mrs. Sample-Hughes for holding her quarterly meeting and thanked her for allowing him to be a part of the process.  President Cannon also thanked the citizens for attending the public hearing on the operating budget and explained that this will air several times on PAC14.

 

 Mrs. Bartkovich moved that meeting be adjourned to an open work session followed by a closed work session to discuss legal issues.  This motion was second by Mrs. Sample-Hughes and unanimously approved.  The authority for closing the session was State Government Article Section 10-508(a). 

 

 

Legislative Session

May 6, 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