The Wicomico County Council met in a Legislative Session, May 15, 2007 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland.  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: Doris Schonbrunner, Council Administrator; Edgar A. Baker, Jr., County Attorney

 

On motion of Mrs. Prettyman and second by Mr. MacLeod the minutes of May 1, 2007 were unanimously approved.

 

 

Proclamations:

 

Mr. Joe Holloway presented a joint proclamation with County Executive, Mr. Richard M. Pollitt for Lyme Disease Awareness Month. A representative who received the proclamation noted that citizens with concerns about Lyme disease were welcome to attend a meeting the last Monday of each month at the library, this month the meeting will be held on May 21st due to the Memorial Day holiday.

 

Mr. William McCain presented a joint proclamation with County Executive, Mr. Richard M. Pollitt to students from Westside Intermediate School, Mardela Middle School and James M. Bennett High School for their accomplishments in the Destination Imagination program. Each attending student introduced themselves to the audience. The children’s advocate in attendance thanked the Council for their encouragement and support.  Special candy bars were presented to Council from the students.

 

Mr. John Cannon presented a joint proclamation with County Executive, Mr. Richard M. Pollitt for 2007 Baltimore Sun Police Officer of the Year for Exemplary Community Service to Christian Pecoraro of the Wicomico County Sheriff’s Office.  Mr. Pecoraro expressed his appreciation to the County Council for recognizing the Sheriff’s Office and all the work they do in the community.

 

Mr. David A. MacLeod presented a joint proclamation with County Executive, Mr. Richard M. Pollitt for 2007 Baltimore Sun Nominee for Police Officer of the Year for Exemplary Law Enforcement to Robert Parker of the Wicomico County Sheriff’s Office. Mr. Parker offered his thanks to Sergeant Rantz, Sheriff Lewis and Lieutenant Richardson for their support and to Wicomico County Council’s past and present for making this county a very good place to work.

 

Mrs. Sheree Sample-Hughes presented a joint proclamation with County Executive, Mr. Richard M. Pollitt commenting that tourism is thriving in our county.  Mrs. Prettyman, as a member of the Tourism Board, noted that we have a lot to be thankful for and recognized Gary Mackes, Director Recreation, Parks & Tourism, Sandy Fulton, Executive Director Tourism and her staff, Mike Delano, Chairman Tourism Advisory Board and all the members of the Board, Hotel and Restaurant owners and managers and “the mother of tourism”, Betty Gardner for all of their hard work.

 

 

Doris Schonbrunner, Council Administrator:

 

Resolution 77-2007 – A resolution to make an appropriation of funds to the Department of Emergency Services from unanticipated revenues received from the auction sale of surplus property in the amount of Two Hundred Sixty-Nine Dollars and Seventy Cents ($269.70).  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 77-2007 was unanimously approved.

 

Resolution 78-2007 – A resolution to make an appropriation of funds to Department of Recreation, Parks and Tourism from unanticipated revenues received from the auction sale of surplus property in the amount of One Thousand Thirty-Two Dollars and Seventy-One Cents ($1.032.71). On motion Mr. MacLeod and second by Mrs. Bartkovich Resolution 78-2007 was unanimously approved.

 

Resolution 79-2007 – A resolution to make an appropriation of funds to Roads Division from unanticipated revenues received from the auction sale of surplus property in the amount of Five Thousand Eight Hundred Seventy-Two Dollars and Ninety Cents ($5,872.90). On motion of Mr. McCain and second by Mr. MacLeod Resolution 79-2007 was unanimously approved.  It was noted that this will go toward the Enterprise account.

 

Resolution 80-2007 – A resolution approving certain transfers between major categories of the Wicomico County Board of Education Operating Budget for Fiscal Year 2007; transferring a total of $66,774.00. On motion of Mrs. Bartkovich and second of Mr. MacLeod Resolution 80-2007 was unanimously approved.

 

Resolution 81-2007 – A resolution extending the date for the adoption of the Annual Budget and Appropriation Bill from June 1 to June 15, 2007.  On motion of Mrs. Prettyman and second by Mrs. Sample-Hughes Resolution 81-2007 was unanimously approved.

 

Maryland Housing and Community Development Bond - Jack Lenox, Director, Planning and Zoning

 

Mr. Lenox informed council that annually the Department of Housing and Community Development sends a letter asking for authorization to transfer its housing bond allocation. He explained that there are not any funds transferred between the county and the state; the allocation represents the amount of volume cap authority that would have been available to Wicomico County in the event it was to raise capital for mortgage loans.

 

Mr. Baker stated there is not a resolution presented because the request is for approval for signature to a submitted form letter, within which one document contains designation of preferred method of participation. Council historically has authorized allocation toward CDA Maryland Mortgage Program and it is recommended that council consider authorization of the 2007 allocation of $2,667, 213.00 toward that again. Mr. Lenox will verify that we follow the same programs done in 2006. Mrs. Bartkovich made a motion to approve signature on letter of transfer of $2,667,213.00 bond allocations back to Maryland Department of Housing and Community Development assigned to the mortgage program, subject to verification of 2006 action. The motion was second by Mr. McCain and unanimously approved.

 

Introduction of Mr. Tyler C. Patton, Special Assistant to United States Senator Barbara A. Mikulski. Mr. Patton offered his assistance to the county at the Federal level. Mr. Cannon sent greetings from council to Mrs. Mikulski and commented a visit from the Senator would be appreciated.  Mr. Patton stated that the Senator does have future plans to visit.

 

Mr. Edgar A. Baker, Jr., County Attorney:

 

Public Hearing: Resolution 83-2007 and Resolution 84-2007 - Ag Preservation – Gloria Smith, Planning and Zoning

Mrs. Smith came before Council with recommendations for establishment of two Agricultural Land Preservation Districts in Wicomico County, as required by the State of Maryland. The program was established in 1977 for the reason of preservation of agricultural land yielding good crops for future food and fiber production that includes grain and hay crops, fruits and vegetables, live stock crops and forestry.  Citing that this is strictly a voluntary program on the part of the land owners, the two districts of note are the Franklin L. Donaway District on Mt. Herman Rd consisting of 94 acres on the north side of Mt. Herman and west of Powellville; the second district is William W. Kenney District consisting of 92 acres on the northerly side of Rounds Road northwest of Pittsville that adjoins the Pittsville growth area outside of the town transitional district, outside the town of Pittsville. 

 

The two applications have been reviewed by the Planning and Zoning Commission and the County Agricultural Land Preservation Advisory Board for consistency with the County Comprehensive Plan and both are found to be in accord with each respective plan.

 

Mrs. Smith also advised that there are currently seventy-four established districts that cover 10,288 acres in Wicomico County. The County has a separate program consisting of 9 districts covering almost 1200 acres of which Wicomico County has purchased easements on almost 700 acres. It is anticipated that of approximately 70 million state dollars, about 1.5 million dollars may be allocated to Wicomico County.

 

Public Hearing: Resolution 83-2007 - A resolution approving the establishment of the William W. Kenney Agricultural Preservation District. On motion of Mrs. Prettyman and second by Mr. Holloway Resolution 83-2007 was unanimously approved.

 

Public Hearing: Resolution 84-2007 – A resolution approving the establishment of the Franklin L. Donaway Agricultural Preservation District. On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 84-2007 was unanimously approved.

 

Siesta Group Lease – Airport Terminal Building – David Ryan, SWED

Mr. Ryan came before council to express that Salisbury Wicomico Economic Development in conjunction with the Airport Commission has been successful in renovating the former terminal building into a small business incubator. The Siesta Group is a software development firm, headquartered in Vienna and is targeting the sleep lab industry across the US.  It is projected they will employ five to six individuals and are seeking to lease 1155 square feet.

 

Public Hearing: Resolution 82- 2007 – A resolution approving the lease of Unit 3 of the first floor of The Ward Building by the Wicomico County Airport Commission to Siesta Group for a term of one year, with an option to renew for two renewal periods of one year each. On motion of Mrs. Sample-Hughes and second of Mrs. Prettyman Resolution 82-2007 was unanimously approved.

 

Public Hearing - Resolution 85-2007: Community Development Block Grant     Jack Lenox, Director, Planning and Zoning

Mr. Lenox came before council and began by introducing new Community Development Planner, Robin Ayele. Mr. Lenox went on to define that the Public Hearing is required both for state and federal procedures for the Community Development Block Grant. The proposal is regarding federal money for which the community is eligible to apply and does have associated restrictions.  In this instance the Senior Center project for M.A.C., Inc is included in the low to moderate income category. The amount requested is the maximum for which we are able to apply.

 

Margaret (Peggy) Bradford, Director M.A.C., Inc gave an overview of the proposed senior facility project in which she explained that in fiscal year 2006, council put forth a proposal to the State.  The

State reviewed the proposal and while it scored among the top proposals reviewed, it was not approved because the Department on Aging bond money for senior centers was not in place.  Mrs. Bradford stated that at this point that money has been applied for, approved and is in the new budget for the new state year. 

 

The request before council is to apply for $800,000.00 toward the construction of a new senior multi-purpose facility.  The need for the facility is based on conditions in current housing originally built in 1923 as a tuberculosis sanatorium, does not meet safety codes and is not in compliance with the Americans with Disabilities Act.  Becker Morgan Group has been chosen for this project which will house an on-site kitchen (Meals on Wheels), sufficient training space and computer labs. An architectural rendering was shown to those in attendance. In addition to the request being made for the Community Development Block Grant, three million dollars has already been committed and additional requests are being sought from other sources.  

 

Public Comments:

Augustine DiGiovanna offered his support with great confidence.

 

Joe Albero congratulated Mrs. Bradford for a great job acquiring resources.

 

Council Comments:

Mrs. Sample-Hughes questioned Mr. Lenox if the county would be restricted from applying for funds should the county population exceed 200,000. Mr. Lenox replied that if the County does realize the threshold of population, the county will shift into the entitlement category. This would be an advantage because then needs are assumed and given money based on being more predictable.

 

Mr. MacLeod expressed confidence and a keen awareness of Mrs. Bradford’s skills for developing senior citizen programs throughout the area, further stating that she will do a magnificent job and wishes Council to support this project.

 

Resolution 85-2007 – A resolution in support of the request of M.A.C., Inc. for assistance through the Community Development Block Grant program in the amount of Eight Hundred Thousand Dollars for the construction and equipping of a new Salisbury-Wicomico Senior Service Center. On motion of Mr. MacLeod and second of Mrs. Prettyman Resolution 85-2007 was unanimously approved.

 

Enrolled Bill – Legislative Bill 2007 – 1 Arts & Entertainment Property Tax Credit

Mr. Baker presented council with Legislative Bill 2007-1 fully signed and approved by the County Executive stating that this is now the law of the county. Mrs. Prettyman and Mrs. Bartkovich each requested a minor change on Pg. 3 indicating the document should read June 2013 instead of 2017 in each case.

 

Public Comments:

Augustine DiGiovanna recited several paragraphs from a letter he presented to Council in which he requested they overturn a decision made by the planning commission based on parts of the County Code. He went on to say that he does not believe there are any checks or balances to the actions taken by the Planning Commission and that in our form of government there ought to be some. He has looked through the county code and believes he has found a code which allows the County Council to over-ride a Planning Commission decision.  Mr. Giovanna passed out 188 pages of documentation and a CD to each Council member. Mr. Di Giovanna comments he has reviewed applications “thoroughly and vigorously” and defines code violations.  He thanked Council for allowing him time to speak.

 

 

 

 

Council comments:

Mr. Holloway invited everyone to attend a community clean up Saturday, May 19, 2007 from 8 am – 12 pm along Railroad Ave., Baker Street, Elizabeth St and Charles St. He commended Mr. Keith Moore for his initiative and role in putting the event together. Contact information was provided.  

 

Mrs. Prettyman asked Mr. Baker if he was in possession of a copy of the management agreement with the Government Office Building, specifically the parking lot, to which he replied that he is not aware of any management agreement regarding the parking lot.  Mrs. Prettyman indicated that it is her understanding that the parking lot belongs to the County and the City of Salisbury manages it. She went on to say that it has been requested that the council members not park there.

 

Mr. Shea was called upon to comment on his recollection and stated that when the building was first constructed the courts building behind it was not constructed, with that whole area having been a parking lot.  At that time, the county did not have any mechanism for undertaking the parking operation so it was agreed to the best of his knowledge, not in writing, that the city would provide the parking meters, the striping and do all that was necessary to create the parking lot and that they would then get the revenue and in effect operate the parking lot for the County. Over time a good part of the lot was taken for construction of the courts building. The balance of the property, with the exception of the area that the County vehicles park, was still retained and maintained and operated through the City.

 

Mrs. Prettyman said that she is appalled that the Mayor has taken it upon herself to ask the elected County officials not to park in that parking lot unless they pay. After some discussion it was agreed that Mr. Cannon and Mrs. Schonbrunner would address the situation and left open the option to discuss this further in a work session.

 

Mr. MacLeod commented on a splendid morning program with Resolutions honoring people and felt that it would be beneficial to have a photographer for such events in order to submit photos to the newspaper for publishing. He suggested that the Public Information Officer take on this task.  Council concurs that he has made a good point.

 

On motion of Mr. McCain and second of Mrs. Sample-Hughes the meeting was adjourned.

 

Legislative Session

May 15, 2007

 

 

 

                                    ___________________________

                                    John T. Cannon, President

 

                                    ___________________________

                                    Stevie Prettyman, Vice President

 

                                    ___________________________

                                    William R. McCain, At-Large

 

                                    ____________________________

                                    Sheree Sample-Hughes, District One

 

                                   

 

____________________________

                                    Gail M. Bartkovich, District Three

 

                                    ____________________________

                                    David A. MacLeod, District Four

 

                                    ____________________________

                                    Joe Holloway, District Five

 

 

 

___________________

Doris Schonbrunner

Council Administrator