The Wicomico County Council met in Legislative Session on Tuesday, May 20, 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. McCain and second by Mrs. Prettyman the minutes of May 6, 2008 were unanimously approved as amended.

A Proclamation was presented to Mrs. Charletta House for her volunteerism and her retirement from Salisbury University where she retired as Reference Librarian. Mr. McCain presented the Proclamation.

Mr. Matthew E. Creamer, Council Administrator:

Resolution 72-2008-Resolution accepting certain subdivision streets as County Roads for inclusion in the Wicomico County Road inventory-The roads to be included are Countryside Court (Ward Manor, Section 1). On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 72-2008 was unanimously approved.

Resolution 73-2008-Resolution granting Harkins Ready Mix, Inc. a Manufacturer’s Tax Exemption on machinery and equipment used in the conduct of business in Wicomico County- Mr. Creamer explained that the request was made to grant retrospectively to 2007 and the County has had a long-time policy of not granting manufacturer’s tax exemptions retrospectively. On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 73-2008 was unanimously approved.

Resolution 74-2008-A Resolution making accounting transfers to appropriately reflect other post employment benefit (OPEB) expenditures-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 74-2008 was unanimously approved.

Resolution 76-2008-Resolution approving the Investment Policy for the Retirement Plan Trust for the employees of Wicomico County and the Board of Education- Mr. Creamer explained that the proposed policy is included and annual reports will be given to the Council. Mrs. Prettyman asked the difference in the proposed policy and the current one to which Mr. Creamer replied there are minor changes as reflect the purpose and have been recommended in the years since first trust was established. The Board of Education has not approved these changes but if there are changes by the Board of Education this will come back to the Council. On motion of Mr. MacLeod and second by Mr. McCain Resolution 76-2008 was unanimously approved.

Resolution 77-2008-Resolution approving the Investment Policy for the Retiree Health Insurance Plan Trust of the Board of Education of Wicomico County and Wicomico County-On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 77-2008 was unanimously approved.

Mr. Creamer began with Resolution 75-2008-Resolution to authorize the County Executive to execute on behalf of Wicomico County a lease to the Government of the United States for the benefit of the Transportation Security Agency. President Cannon called for a motion to introduce Resolution 75-2008 to which Mrs. Prettyman made motion and Mr. MacLeod second the motion. Mr. Creamer explained that this is a renewal of the lease with TSA and is required an air carrier service the airport. This is a public hearing and can not continue until 10:30 a.m. President Cannon asked for a postponement of Resolution 75-2008 to which Mrs. Prettyman made the motion with a second from Mr. MacLeod and unanimously approved.

Mr. Creamer then brought the draft letter to Senators Mikulski and Cardin expressing the Council’s concern over a proposed amendment in the FAA congressional appropriation bill for next year which would mandate new and costly requirements for fire protection at the Airport. This would increase costs by requiring full time paid fire fighters at the Airport when air travel is expected. The estimate of complying is in excess of $900,000. The present plan is a cooperative arrangement between Piedmont Airlines and the Airport for their mechanics to have specialized training which is paid by the Airport Commission as well as the equipment used in that capacity and the maintenance of the ARFF truck. A similar letter has been sent by the Airport Commission. This is being proposed by the International Association of Firefighters. All Council members were in favor of sending the letter.

President Cannon called for a recess until 10:30 a.m.

Edgar A. Baker, Jr., County Attorney:

Public Hearing:

On motion of Mr. McCain and second by Mr. MacLeod Resolution 75-2008 was brought back to the table.

Notice is hereby given in compliance with Chapter 22 of the Wicomico County Code and Article 25A, Section 5 of the Annotated Code of Maryland, that the County Council of Wicomico County, Maryland will hear public comment on the following proposed Resolution at their regular meeting in the County Council Chambers, Government Office Building in Salisbury, Maryland, on Tuesday, May 20, 2008 Commencing at 10:30 a.m. The County Council proposes to extend the existing lease (Lease Number GS-03B-03412) to the Government of the United States for the benefit of the Transportation Security Agency for space occupied by the Transportation Security Agency within the Airport Terminal Building for an additional term of 10 years at an annual rental rate of $6,493.61, with a reduction of 93 ANSI/BOMA office area square feet. The lease shall be a full service lease and shall include all service and utilities. The leased premises shall be used by the Transportation Security Agency for office space, meeting and training rooms.

President Cannon called for public comments but it was decided to hold public comments after Mr. Bryant presents the information.

Mr. Robert Bryant, Airport Manager, came before the Council. Mr. Bryant explained that Supplemental Agreement Number Two extends the original lease which was originally two offices for a single ten year term. Supplemental Agreement Number 3 gives the TSA authority to execute that renewal and Supplemental Agreement Number Four reduces lease space from two small offices which total 332 square feet to one office totaling 225 square feet at an annual rate $6,493 which includes a shell rate of $5,180.93 and annual operating capital of $1,312.68. This totals $23.09 per square foot. The operating capital amount is for electric and basic janitorial services. Mrs. Prettyman asked that the Resolution should state that this is only 225 square feet and President Cannon asked that cost per square foot be included also.

Public Comments: Mr. Kenneth Holland asked if the Maryland Airport Administration is still in operation to which Mr. Bryant stated that the Maryland Aviation Administration is tasked by the Maryland Department of Transportation to operate the Baltimore/Washington International Airport Martin State General Aviation Airport. MAA assists with many things but the one of the most important is a grant program which matches 50% of the local share responsibility for any grant received from the FAA.

Resolution 75-2008- Resolution to authorize the County Executive to execute on behalf of Wicomico County a lease to the Government of the United States for the benefit of the Transportation Security Agency- On motion of Mr. Holloway and second by Mrs. Prettyman was unanimously approved as amended.

Public Comments:

Mr. Augustine DiGiovanna read his comments which he had prepared and presented a copy to Council members and the Council office. Mr. DiGiovanna gave his interpretation of the codes as they relate to development.

Mrs. Mary Ashanti, President of NAACP, came before Council again expressing her concern regarding a barbershop incident which occurred with the Sheriff’s Department and again requested that a work session be held to discuss the incident and the outcome of the investigative report. She also expressed the NAACP’S concern regarding the Department of Corrections and supports hiring new officers and asked that additional officers be hired to prevent excessive overtime for current employees.

Mr. Baker read a statement that he had previously read at the last Planning Commission meeting which responded to the comments which Mr. DiGiovanna had made. Mr. DiGiovanna was not present at the last Planning Commission meeting. Mr. Baker stated as follows: Picking up on the thread that he mentioned the County Council, County Executive, and Planning Commission are rather elected or appointed to perform the jobs. It seems that since in the performance of these duties we don’t agree, we meaning you and the Planning Commission, generally if we don’t agree with his analysis then we are breaking the law and that’s not the case. He claims to have presented a lot of evidence on a number of different subdivisions all of that has been considered by the Planning Commission and they just merely disagree with his analysis. This does not make them lawbreakers or complicit or conspiracy theorists or anything along those lines. He continually comes before Council and asks them to take action to stop subdivisions which have already been through entire process and have been approved and have not been appealed. There are provisions for appeal to Circuit Court if the appropriate people believe they are violating the standards or regulations, you have to meet the code requirements and be an aggrieved party. He has inquired and the Council is undertaking the studies of various regulations just because he indicates he wants it done a certain way or a certain time frame. The Council has delivered it but you have to take the time to study it and determine what if any action legislatively should be done. I think he is confusing some provisions in the County code where it says the Director of Public Works issues zoning authorization and that somehow gives him the power to override the Planning Commission. That is not true. Once it has been approved by the Planning Commission the Director of Public Works can not hold up on those grounds. Essentially what it comes down to is the fact that since the Council or the Planning Commission does not believe what he believes or analyzes things the way he thinks does not mean you are breaking the law. Two other points in the past we tried to be accommodating and continue to get additional questions and I have advised the Planning Commission not to respond to those questions. Essentially we have worked; the Planning Commission members and my office have worked for a long time to maintain the fairness of the process and by having exparte communication with one interested party I believe this would put the Planning Commission in a conflict of interest place. The example that I used on Thursday is if a private developer was coming to members of the Planning Commission and discussing particular developments there would be an outcry of lack of perception, good propriety if not actually any impropriety and to me this merits the same analysis. My recommendation is they not respond to questions on particular subdivisions. Lastly and this is a cautionary item I think the rhetoric has become highly inflammatory. I did receive an email, I don’t know for sure if it actually made it to the newspaper but it did go to a lot of people but essentially Dr. DiGiovanna was accusing the Planning Commission of being lawbreakers. Public comments on public officials is appropriate but at some point and time it crosses the line and when you accuse people with the language that he has used today and even more specifically the language used in his grapevine or what was intended to be sent to the grapevine crosses the line in my mind at least into libel and slander which would subject him to suit. I have advised the Planning Commission of that of course that would not be done by my office and I don’t really that’s contemplated but I think that illustrates the level of rhetoric which he has begun using which is inappropriate.

Council Comments:

Mrs. Prettyman thanked Mr. Baker for giving his statement regarding Mr. DiGiovanna’s comments.

Mrs. Bartkovich explained that she had stated this at the previous Planning Commission meeting as well. Mrs. Bartkovich stated that Mr. DiGiovanna had incorrect information regarding developments that were approved when she was not serving on the Planning Commission and she wishes to have no further conversations with him nor will she be answering his questions.

Mr. Holloway thanked Council staff for their hard work during budget time. Mr. Holloway had previously requested from the Liquor Control Board (Dispensaries) information to provide the Council with information on how contracts were handled regarding contracted work. He then requested a check register from the Liquor Control Board and was informed that this was costly and he is concerned about the prices of the advertisements and asked Mr. Creamer to request the information once again.

Mrs. Sample-Hughes recognized all of the Veterans and everyone serving in the military and announced that she would be the Grand Marshall for the Queen’s City Lodge Elk’s parade on Sunday at 3:00 on Delaware Avenue. On Friday there will be a ribbon cutting for the Spirit of Democracy American Legion Post 145 at 5:00 p.m.

Mr. MacLeod stated that the citizens near Salisbury University are meeting with University officials to try and negate ways to insure that the incident which occurred with two lacrosse students does not happen again. He said that the University is holding meetings with the University as well as students and residents.

Mr. McCain congratulated Coach Jim Berkman on the being the coach to win the most games for lacrosse in college history. He also said that he was named after his Dad’s father who was an airman on a bomber whose plane was shot down and he was lost at sea.

President Comments:

President Cannon explained there is more work to be done on the budget and it will be on the agenda for June 3, 2008. He also stated that Council will get back to the other issues such as Comprehensive Plan as soon as the budget is finalized. President Cannon explained that a workshop was held for the Water Sources Element at the Civic Center.

Mrs. Bartkovich moved that the meeting be adjourned to a closed work session followed by an open work session. Mr. Holloway seconded the motion and it was unanimously approved. The authority for closing the meeting was State Government Article 10-508(a).

Legislative Session

May 20, 2008

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John T. Cannon, President

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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

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Matthew E. Creamer

Council Administrator