The Wicomico County Council met in Legislative Session on Tuesday, June 3, 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 20, 2008 were unanimously approved.

Proclamations:
A proclamation was presented to Mr. Stacy Beauchamp for his volunteer work at the Health Department by President Cannon.

A proclamation was also presented to the Blind Industries and Services of Maryland for 100 years of service by Mr. Holloway.

Matthew E. Creamer, Council Administrator:

Resolution 83-2008-A resolution to levy and impose a property tax for the Fiscal Year beginning July 1, 2008 and ending June 30, 2009; to provide for the payment of a service charge by a property owner under a semi-annual payment schedule; setting the tax rates for property, and providing for the collection of the property tax. The property tax is levied and imposed on all assessments, persons or property subject to assessment for County purposes; and that the rate of county taxation for such taxable year for real property is hereby fixed at eighty-one and four tenths cent ($0.814) on each $100 of assessed valuation of such property; and that the rate of county taxation for such taxable year for personal property is hereby fixed at Two Dollars and Three and one-half cents ($2.035) on each $100 of assessed valuation of such property to partially fund the Board of Education Operating Budget and debt service on School Capital bonds. On motion of Mr. MacLeod and second by Mrs. Sample-Hughes Resolution 83-2008 was unanimously approved.

Legislative Bill 2008-03-The annual budget and appropriation bill of Wicomico County, Maryland to adopt the County budget, consisting of the current expense budget for the Fiscal Year ending June 30, 2009, the Capital Budget for the Fiscal year ending June 30, 2009, the Governmental and Enterprise funds budgets for the Fiscal year ending June 30, 2009; and to appropriate funds for all expenditures for the Fiscal year beginning July 1, 2008, and ending June 30, 2009, as hereinafter indicated. These include the current expense budget with Appendix “A” titled “Board of Education Budget by Category” attached hereto as Exhibit A Amended as Shown on Exhibit A-1, Capital Budget for Fiscal Year 2009 is attached hereto as Exhibit B, Governmental and Enterprise Funds Budgets are attached hereto as Exhibit C Amended as Shown on Exhibit C-1. And it be further enacted and ordained by the County Council of Wicomico County, Maryland in legislative session, that subject to the laws of Maryland, the Wicomico County Charter, and the Wicomico County Code relating to budgetary and fiscal procedures, the amounts specified are approved, appropriated and authorized to be disbursed for the purposes specified and in the sums itemized for the fiscal year beginning July 1, 2008 and ending June 30, 2009. There was a reduction in the County Executive’s budget of $646,000 to which the Executive provided a supplemental budget in addition to full acceptance of the County Council’s recommendations and the reallocations of the County Council’s decreases by the County Executive. Mrs. Sample-Hughes thanked the Council and Executive staff for all of their hard work and while everything was not agreed upon a consensus was reached and she is pleased to be able to vote on this budget. Mrs. Prettyman read from her prepared comments. She acknowledged the work of the County Council and the employees of Wicomico County. She stated that the County has limited financial resources. The nation is facing an economic crisis and families are making daily decisions regarding bills. Mrs. Prettyman feels that other core services are not being funded and that if the County put the $700,000 into Roads that was allocated above maintenance of effort for the Board of Education then six more miles of road could be repaired out of the seventy miles which was not allocated. She also stated that due to rising fuel costs the contingency fund would allow for departments to request additional money for fuel costs. The total amount placed into contingency is $809,531. She explained that a Department of Law will be established and she thanked Mr. Baker for his service. Mrs. Prettyman expressed concern that the terms of his employment agreement could jeopardize the integrity of the pension system as well as being a fairness issue regarding other employees, and could be a huge subsidy from taxpayers when his retirement kicks in. She feels the budget should not simply maintain the status quo but should meet the priorities of the County and she feels that this budget misses the mark and she will not be voting in favor of the budget. Mr. Holloway stated that in this economic climate giving three and half percent raises to some employees is generous but giving seven percent to others is foolhardy. Mr. Holloway is also concerned about infrastructure in the County. He would like to examine the piggyback tax. As this tax reduction will have an impact on boosting the County’s economy. He feels that the County needs to keep an eye on the economic system and in good conscious he can’t vote for this budget. Mrs. Bartkovich has concerns regarding the budget and the first budget which Mr. Pollitt presented she could not support. She is concerned about continuing expenses and feels that money should be used for one time expenses. Mrs. Bartkovich explained that the roads are traveled by many and the roads are becoming a safety hazard. She supports the $146,000 which was also added to the Volunteer Fire Companies as the Fire Companies are of great importance to her. She will support the budget as it stands as Roads and the Volunteer Fire Companies received additional monies. Mr. McCain felt that Mr. Pollitt and his staff did a good job preparing the budget. Mr. McCain feels that everyone should take the Board of Education very seriously as the County has an obligation to 14,500 students. He said that next year will be a much tighter year and the Council needs to plan for it. He is concerned that Council members have mentioned cutting one of our revenue sources and stated that the core services need to be supported and the County needs to do whatever is possible to make Wicomico County a better place. Mr. MacLeod began by stating that he is not of the “doomsday” scenario. He feels there is a lot of hope in Wicomico County and feels that a bigger and better budget will be in the future. He thanked the County Executive and the County Council for all of their hard work. A roll call vote was taken: Holloway-no, Sample-Hughes-yes, Bartkovich-yes, MacLeod-yes, and Prettyman-no, McCain-yes, Cannon-yes. Legislative Bill 2008-03 was passed and duly approved.

Resolution 78-2008-Resolution accepting a Rural Legacy grant and approving the Rural Legacy grant agreement with the State of Maryland acting through the Rural Legacy Board in the amount of $500,000-(A) The County Executive of Wicomico County, Maryland is authorized to enter into the Rural Legacy Grant Agreement accepting the aforesaid funds to be used for purchase of protective easements in the Quantico Creek Rural Legacy Area. Mr. Frank McKenzie, Planning and Zoning came before Council. This money comes from State Open Space Funds and County funds are not used. Mrs. Sample-Hughes asked if there were many more easements for the Quantico Creek Rural Legacy Area to which Mr. McKenzie explained there is more than a million dollars available. He stated that the amount is $2300-2500 per acre. If the County receives the full three million which was requested the County will begin speaking to property owners. Mrs. Prettyman has asked if the criterion has changed to determine the potential of a piece of land to which Mr. McKenzie explained that Planning and Zoning works with the Health Department to see if the land will perk. On motion of Mr. McCain and second by Mrs. Prettyman Resolution 78-2008 was unanimously approved.

Resolution 79-2008-Resolution approving certain transfers between major categories of the Wicomico County Board of Education Operating budget for fiscal year 2008; transferring a total of $448,467- Bruce Ford, Brian Foret and Allen Brown came before Council. Mrs. Sample-Hughes asked if the amount that was being transferred from Instructional Salaries and Wages was available due to positions not being filled or vacancies which occurred during the year. Mr. Ford explained that the majority of the funds are from employees leaving during the year and the teachers are not replaced immediately but a long term substitute is used at a savings to the Board of Education. An additional amount is being transferred for fuel prices for the buses. Mr. Ford explained that the fuel prices are being examined twice a month. Security cameras will be installed in certain schools. Mr. Holloway asked for an explanation of the auditing service fee to which Mr. Ford explained that the seven year contract had expired and the auditing services had to be bid out and Trice, Geary and Myers was the successful bidder. President Cannon explained to the Board of Education that due to the number of transfers which take place during the year Council has concerns that maybe too much money is being budgeted and would like an explanation as to why so many transfers occur. Mr. Ford explained that the Board of Education does not have a contingency account and money has to be moved around to ensure everything is being paid. Mr. McCain stated that he feels it is a matter of prioritizing. Mr. Ford explained that any money over $300,000 is given to the School Building Commission. On motion of Mr. McCain and second by Mr. MacLeod Resolution 79-2008 was unanimously approved.

Resolution 80-2008-Resolution accepting a certain subdivision street (Pristine Place-Rosewood Forest, Section 5) as a County road for inclusion in the Wicomico County road inventory-On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 80-2008.

Resolution 81-2008-Resolution confirming the appointment of Dr. Jaclyn Wolinski with the Healing Hands Animal Hospital to the Appeals Board for vicious dogs-On motion of Mr. McCain and second by Mr. Holloway Resolution 81-2008 was unanimously approved. This board will be reformatted within the next month.

Resolution 82-2008-Resolution making a supplemental appropriation from contingency to the Board of License Commissioners for Wicomico County in the amount of Twenty Thousand Seven Hundred Thirty-Five and 15/100 Dollars ($20,735.15) - There will be more costs associated with this litigation in the future. On motion of Mrs. Prettyman and second by Mrs. Bartkovich Resolution 82-2008 was unanimously approved.

Resolution 84-2008-Resolution making a supplemental appropriation from contingency to the Department of Law in the amount of $75,000-Mr. Baker has received additional bills from outside counsel for collective bargaining and for Airport litigation which he has paid out of his account but is asking for a reimbursement of the amount. He is also asking for $19,000 to cover the shortage in his budget due to the additional work which his office has done. Mr. Baker stated that the Airport Commission may receive a portion of the monies back from the FAA for the Airport litigation. Mr. McCain called the motion to question with a second by Mr. MacLeod Resolution 84-2008 was unanimously approved.

Fourth of July Fireworks-Recommendation of County Executive for proposed fireworks on the Fourth of July in conjunction with Shorebirds and Clear Channel radio- Mr. Gary Mackes, Director Recreation, Parks and Tourism came before Council. Mrs. Bartkovich questioned the event and asked if the event was free and Mr. Mackes explained that the event will be free however the tickets will be at select businesses that are sponsors and citizens can pick up the free tickets at the sponsors locations. President Cannon expressed his concern regarding the tickets and asked that possibly a better alternative be set up for next year.

Mr. Mackes explained there are two parts to this request. In 1999 the County Council adopted a policy addressing fireworks displayed at Arthur W. Perdue Stadium as follows: Fireworks shall be permitted on Friday nights, Saturday nights and holidays. They shall be shot off no later than 10:30 p.m. If the length of games prohibits adhering to the 10:30 p.m. curfew, silent fireworks will be deployed. The Shorebirds are requesting a waiver for two Sunday evening games in the current season. Their request is for permission to hold fireworks displays following the game on Sunday, June 22^nd for Allen Foods Family Night and Sunday, July 13^th for Faith and Family night. Council decided upon a cut off time of 10:00 p.m. for these two events.

Naming of pavilion at Billy Gene Jackson Park-The Salisbury Advisory Council on Youth Activities had recommended to the Recreation Commission which the Recreation Commission approved a proposal to name the Billy Gene Jackson Park after the late Chris Pinder. This approval is needed before the Juneteenth festival which will take place on June 14, 2008. A plaque will be prepared. A proclamation is also being requested from the Council and Executive. A consensus was taken and approved and a proclamation will be prepared.

Sheriff’s Department:

Sheriff Mike Lewis, Chief Deputy Gary Baker, and Mike Elliot came before Council to give a statement regarding a recent incident which took place at the Perry & Gates Barbershop. Sheriff Lewis explained that his office has received many calls regarding incidents at the barbershop including drug dealing outside of the barbershop. These complaints had been received for the past twenty years. Members of the Wicomico County Sheriff’s office as well as covert members of the task force and the Maryland State Police were present as well as legal guidance from the Assistant State’s Attorney. Sixteen arrests were made that day including both buyers and dealers. Photographs were taken as well as surveillance including physical surveillance. Some of the drug dealers retreated into the barbershop which is when deputies went into the barbershop demanding everyone “get down on the floor.” This was done for the safety of everyone in the barbershop. Sixteen were ultimately charged with a warrant for one more person. Sheriff Lewis explained that on that evening he followed Mrs. Sample-Hughes to the barbershop. Lieutenant Wilson met Sheriff Lewis, Mrs. Sample-Hughes, Mr. Lorenzo Hughes and Mr. Gates at the barbershop as well. Mr. Gates was concerned regarding the search as to whether or not it was illegal and the open display of firearms by the deputies. An outside law enforcement agency performed the investigation. The case was assigned to Tony Mumford and Lieutenant Jay Cox with the Worcester County Sheriff’s office. The investigation concluded that the Sheriff’s department did not violate any policy, procedure and there were no criminal laws violated. Sheriff Lewis explained that he did speak with Lt. Wilson regarding his concern that Lt. Wilson did not go back into the barbershop to explain to Mr. Gates exactly what was taking place. Sheriff Lewis explained that this was for the safety of everyone in the shop. The suspects were immediately arrested and removed. Lt. Wilson was sent to a ten week administrator’s school in Sykesville Maryland under Northwest Police Executive Leadership School. Mrs. Sample-Hughes asked if the officers will receive culture competency classes due to the racial tones which were used. Sheriff Lewis explained that issue was never addressed as it never came up in the complaint by Mr. Gates or the investigative report. Sheriff Lewis would like to see some things differently in the future. Sheriff Lewis explained that he has received two thank you cards from residents in that area. President Cannon thanked Sheriff Lewis for the corrective measures which were taken and thanked him for all of his hard work.

Mrs. Prettyman asked Sheriff Lewis to explain barking dogs and exactly what can be done about this issue. The Sheriff’s office received a number of barking dog calls. A deputy will respond to the complaint when the call comes in and the owner is contacted by the deputy and a report is completed and sent to the Humane Society or the Animal Control as all follow up is completed by these departments. After hours a Sheriff’s deputy will always respond and a citation is issued. Mrs. Prettyman asked whose responsibility it would be to issue fines for the barking dogs and Mr. Baker explained that it is the Humane Society to issue the fine or Animal Control. Mrs. Prettyman has received complaints that Animal Control has stated they have no authority to issue fines. Mr. Baker will convey to Animal Control that they have the authority to issue the citation. A citizen can also file charges with the District Court Commissioner.

Mrs. Sample-Hughes thanked Sheriff Lewis for his immediate reaction the evening of the barbershop incident and asked if a report will continue with the business owners in that area. Sheriff Lewis stated that he will meet with them on a regular basis and they can contact him as well.

Public Comments:

Mary Ashanti, President of NAACP, came before Council and extended an invitation to them on August 7, 2008 from 2:00-4:00 at the East side Salvation Army for a Back to School Fun Day. School supplies are passed out to school children. On October 4, 2008 the 3^rd Annual Freedom Banquet will be held at 12:00 p.m. Mrs. Ashanti applauded the Council for the way they work together. Mrs. Ashanti suggested that maybe in the future the investigation take place in the local department. She thanked the Sheriff for coming before Council and giving the summary regarding the barbershop and looks forward to working with him in the future.

G.A. Harrison stated that he appreciates the dedication and commitment the Council has made for the citizens however is concerned about the pension benefits for Mr. Edgar Baker, Department of Law.

Augustine DiGiovanna complimented the Council on their decisions and their work. Mr. DiGiovanna said that he made corrections to his previous statements. He explained sections of Chapter 225 of the County Code and his concerns regarding development. Mr. DiGiovanna then made statements to the Council members who responded to him at Council meeting on May 20, 2008. President Cannon asked that he continue his comment on June 17, 2008 at the next County Council meeting.

Council Comments:

Mr. Holloway thanked everyone who attended and prepared the events which were held for Memorial Day. Mr. Holloway would like for Ms. Holland to go back to the minutes from last year to verify that the Board of Education knew about the money they received.

Mrs. Bartkovich stated that she attended the Veterans Day Ceremony at the Civic Center and that Shore Transit offered transportation to the people who did not have any she thanked them for doing so.

Mrs. Sample-Hughes stated that the Wicomico County Department of Corrections held a ceremony and Star Purnell was awarded Officer of the Year. She congratulated Ms. Purnell for her recognition for all of her hard work. She also explained that the Personnel portion of the discussion of the Department of Law was done in a closed session but the other portion was done in an open session and the minutes are available to the public. She stated that she had concerns regarding the Department of Law only regarding the pension benefits. She did not feel she could not approve the budget due to one item.

Mr. MacLeod expressed his concern regarding drugs and why there is a continued appetite for drugs and this needs to be done as a community.

Mr. McCain congratulated all of the Wicomico County high school students who have graduated and wished them the best in their future endeavors. He will be absent on June 17, 2008 and requested that on July 1, 2008 the topic of clusters and TDR’s be held in a work session.

President Comments:

President Cannon thanked the Council for their hard work on the budget and said that a compromise was reached for the budget and he thanked the Executive and his staff as well as the Departments and Department heads. He also thanked the citizens who attended the public hearing. President Cannon feels that this budget meets the needs of the County.

Mrs. Sample-Hughes moved that meeting be adjourned to an open work session. This motion was second by Mr. MacLeod and unanimously approved.

Legislative Session

June 3, 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