The Wicomico County Council met in a Legislative Session, June 19, 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; Sheree Sample-Hughes, Gail M. Bartkovich, David A. MacLeod, and Joe Holloway. 

 

In attendance: Doris Schonbrunner, Council Administrator; Edgar A. Baker, Jr., County Attorney, Richard M. Pollitt, County Executive

 

On motion of Mrs. Sample-Hughes and second by Mr. Holloway the minutes of June 5, 2007 were approved as amended.

 

Proclamations:

Mr. Joe Holloway presented Lewis R. Riley with a proclamation for his achievement as the recipient of the Salisbury Award presented to him in June of 2007.

 

Mr. Riley commented that he has gained more than he has ever been able to contribute and that it has been a joy and a pleasure. He further commented that he is enjoying open spaces and his John Deere Tractor. 

 

Mr. Pollitt commented that Mr. Riley has been a role model for him and that he plans to emulate Mr. Riley’s example to rise above party politics and to work just for the good of Wicomico County. He also stated that is has been an honor to be associated with Mr. Riley.

 

Mr. Cannon presented Amy Williams with a Certificate of Appreciation for her act of heroism in saving the life of three year old Elizier Charles.

 

Mrs. Williams commented that she has learned that timing is everything because if she had not been there when she was; the little boy would not have lived.  She shared with all present that she had been given an opportunity to meet and hold the youngster for thirty minutes at a celebration his church held for him. 

 

Doris Schonbrunner, Council Administrator:

 

Resolution 95-2007:  A resolution confirming the appointment of Winnie Stokes Wooley to the Wicomico County Board of Library Trustees.  On motion of Mrs. Prettyman and second by Mr. MacLeod, Resolution 95-2007 was unanimously approved.

 

Resolution 96-2007:  A resolution confirming the appointment of Marvin Long to the Wicomico County Board of Library Trustees.  On motion of Mr. MacLeod and second by Mrs. Sample-Hughes, Resolution 96-2007 was unanimously approved.

 

Resolution 97-2007:  A resolution confirming the appointment of Southey Lord to the Wicomico County Board or Library Trustees.  On motion of Mrs. Sample-Hughes and second by Mrs. Bartkovich, Resolution 97-2007 was unanimously approved.

 

Resolution 98-2007:  A resolution confirming the appointment of Yvonne Terry to the Wicomico County Board of Library Trustees. On motion of Mrs. Bartkovich and second by Mr. MacLeod, Resolution 98-2007 was unanimously approved.

 

Mrs. Sample-Hughes commented that there had been nine members on the Wicomico County Board of Library Trustees. In an effort to manage a quorum, the number of members has been increased to eleven which is why the new appointments are being addressed in today’s session.  She further commented that she appreciates that County Executive, Mr. Pollitt, has been steadfast in promoting more diversity with citizens chosen to serve on Boards.

 

Resolution 99-2007:  A resolution accepting a subdivision street as a County Road for inclusion in the Wicomico County Road Inventory.  On motion of Mrs. Sample-Hughes and second by Mrs. Bartkovich, Resolution 99-2007 was unanimously approved.

 

Resolution 100-2007:  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 $17,394.00.

 

Mr. Charlie Bounds thanked the Council for passing the School Construction Savings Plan at the last Council meeting.  Mrs. Bartkovich questioned if the request for special education textbooks was for this year or next year. Mr. Bounds replied it is for the current year. On motion of Mrs. Bartkovich and second by Mr. MacLeod, Resolution 100-2007 was unanimously approved.

 

Resolution 101-2007:  A resolution to make an appropriation of funds to the Board of Education’s FY 2007 General Fund Operating Budget, Capital Outlay Category from unanticipated revenues received in the amount of six hundred thousand dollars ($600,000.00).

 

Mrs. Bartkovich asked the Board of Education to explain the need for the purchase of radios. Mr. Sam Walker explained to Council that the Board of Education currently has 450 hand held radios and 126 bus radios on a 400 MHZ frequency. The ideal situation is for them to upgrade all radios within the school system to be compatible with the County Emergency Management System which broadcasts at 800 MHZ.  The new radios will allow for better communication between schools and with School Resource Officers will be monitored by the Sheriff’s Office. This provides access for the school system with the Emergency System.

 

Mr. Holloway asked about maintenance of the new radios to which Mr. Walker remarked the agreement they plan to enter into will include maintenance for one year and replacement of batteries. The radios will stay at the schools and operators of the radios will be strategically chosen and trained for proper usage.  It was determined that in the event of an emergency at the Board of Education; the County Executive shall be included as an emergency contact to be contacted by the Sheriff’s Office. On motion of Mrs. Bartkovich and second by Mrs. Prettyman, Resolution 101-2007 was unanimously approved.

 

 

Resolution 102-2007:  A resolution making a supplemental appropriation from Contingency to the Department of Corrections for off-site medical consultations and hospitalizations and for salaries cost in the amount of $261,582.00. 

 

Mrs. Bartkovich questioned whether any of the requested funds might be able to be drawn from sub accounts at the Department of Corrections.  Mr. Shea stated that the Finance Director has reviewed all accounts for the Department of Corrections and has determined that all accounts will be expended through the month of June. The Detention Center has a staff shortage and therefore requires the payout of overtime which is what has brought about this funding need. 

 

Mrs. Bartkovich has requested that the resolution be amended to include account numbers. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes, Resolution 102-2007 was approved as amended.

 

Resolution 103-2007:  A resolution making a supplemental appropriation from Utility Reserve to the Extension Service and to the Department of Corrections to offset higher utility bills in the amount of $33,121.00.  On motion of Mrs. Sample-Hughes and second by Mr. MacLeod, Resolution 103-2007 was unanimously approved.

 

Resolution 104-2007:  A resolution to appoint the Board of Managers of various Public Drainage Associations within Wicomico County.  On motion of Mrs. Bartkovich and second by Mr. Holloway, Resolution 104-2007 was unanimously approved.

 

Resolution 105-2007:  A resolution to certify the Drainage Tax Roll to the Director of Finance as requested by the Board of Managers of the Public Drain Associations. 

 

County Attorney, Mr. Baker requested an amendment to this resolution to eliminate the Beaver Dam crop assessment of two dollars, wood assessment of fifty cents and minimum billing of fifteen dollars.  The reason for the request is that of three Public Drain Managers, he has received one signature and does not believe it is appropriate to issue a tax levy without at least two signatures.   On motion of Mrs. Prettyman and second by Mrs. Bartkovich Resolution 105-2007 was approved as amended.

 

(See additional amendment to motion under County Attorney, Mr. Baker)

 

Resolution 106-2007:  A resolution making a supplemental appropriation from Contingency to the Department of Recreation, Parks and Tourism for emergency equipment replacement at the stadium in the amount of $5,700.00. 

 

Mrs. Prettyman questioned whether the agreement the County  entered into for maintenance at the  Shorebirds Stadium relates only to the plumbing system and if so, should a hot water heater be considered plumbing or simply an appliance. Mr. Baker stated that he would have to take another look at the agreement. On motion of Mrs. Prettyman and second by Mr. Holloway, Resolution 106-2007 was tabled for further information to determine the feasibility of the expense.

 

Resolution 107-2007:  A resolution making a supplemental appropriation from Fiscal Year 2008 Contingency to provide for the approved pay raise for all Library staff in the amount of $55,011.00.  

 

Mr. Holloway requested an explanation how this item “fell through the cracks” as it is noted on the letter Council received about this matter.  Director of Administration, Mr. Shea stated that when the original budget was proposed there was not a pay increase included in any of the departments.  When the decision was made to provide a pay increase for all County employees, this one department’s budget was not updated in the Finance Department.

 

Mrs. Bartkovich requested that the account number be added to the resolution.  On motion of Mrs. Sample-Hughes and second by Mr. MacLeod, Resolution 107-2007 was approved as amended.

 

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

 

Mr. Baker made an additional request of Council to amend Resolution 105-2007 to approve the Drainage Tax Roll to the Director of Finance for Beaver Dam contingent up receiving a second signature and prior to tax bills being mailed, in an effort to accommodate the cost of handling the separate billing.  On motion of Mrs. Bartkovich and second by Mr. Holloway Resolution 105-2007 was approved as amended.

 

 

Fortune Telling Licensing:  Waiver of Residency Requirements

 

Mr. Baker offered an apology to Council regarding the matter before them which is a request received in the form of a letter sent by Attorney, Mr. Robin Cockey, in reference to his client, Mr. Nicholas.  The letter from Mr. Cockey is a request to waive the seven-year property ownership/residency requirement for his client to obtain a “fortune telling” license. 

 

Mr. Baker stated that in the year 1999, the Code was amended to eliminate a residency or property ownership requirement.  Mr. Baker further stated that the County Council does not have a copy of that amended Chapter of the County Code.  Mr. Baker also advised Council that there is some confusion which needs to be clarified based on him not being aware of a current application submitted by Mr. Nicholas; however, he does have an application from Mrs. Stevens.

 

Mrs. Bartkovich commented that she was advised whoever had applied for the fortune telling license from the specific address of this particular request would first have to seek approval from the Sheriff’s Office. Mrs. Petersen, Director of Finance had received and returned the fee for this application submitted by Mrs. Stevens based on the application being denied by the Sheriff’s Office due to inaccuracies and misrepresentations on the application.

 

No action was taken by Council on the specific matter of a Waiver of Residency.

 

Mr. Baker stated that the Fortune Telling Chapter of the County Code will be updated and provided to Council.

 

 

 

Citizen Comments:

Augustine DiGiovanna – Mr. DiGiovanna expressed that he is seeking ways for citizens to make an appeal regarding repeated violations of the County Code made by the Planning Commission. He has submitted several letters requesting that the County Council void or counter the decisions made by the Planning Commission for the Meadows at Barren Creek and Deer Creek Estates developments, as well as  preventing similar actions which he anticipates will be made involving other developments; Village at Nutters Crossing , Sunflower Field and Whaley’s Crossing, among others.  It is Mr. DiGiovanna’s fear that these developments will move forward with the destruction of natural and structural resources making it impossible to reverse those actions prior to an appeal. He commented that Mr. Baker has told him he is researching the claims of illegal actions on the part of the Planning Commission.  Mr. DiGiovanna stated that the County Council is usually very responsive to citizens with their requests, but after months of requests he has not received a timely response over this very serious matter.

 

Council Comments:

Mrs. Bartkovich mentioned an article in the Friday June 15, 2007 edition of The Daily Times that correlates to Caroline County winning a lawsuit filed by a businessman who wanted to open an adult entertainment business.  Similarly, the Town of Willards has been approached by a businessman for the purpose of opening an adult entertainment bar.  Mrs. Bartkovich recalled some previous discussion on the matter of amending the County Code regarding Adult Entertainment and requested a status; commenting further that State’s Attorney, Mr.  Davis Ruark, is noted as requesting the County Code be consistent with Municipalities.

 

Mr. Baker stated that he has spoken with Planning and Zoning Director, Mr. Lennox but is not certain of the status of this particular issue at the immediate moment. He commented that the first step that will need to be taken is to present the information to the Planning Commission for review and if necessary, speak about a moratorium until the issue can be studied.  A copy of the article was given to Mr. Baker to pass along to Mr. Lennox to oversee that this matter is addressed.

 

Mrs. Bartkovich also commented on an article she finds disturbing that appeared in the Monday, June 18, 2007 edition of The Daily Times written about the City of Salisbury and their lease agreement with Wicomico County pertaining to the Government Office Building, which is noted as expiring eleven years ago. Being a landlord, Mrs. Bartkovich commented that it is her understanding if a tenant still occupies a premise with no lease agreemen, the old lease agreement is in effect until such time as a new lease agreement is in place.  

 

Mr. Baker stated that to the best of his recollection the lease did not run out until 2002.  He will review the document and provide a more accurate answer.  It is Mr. Baker’s belief that the document in question was an agreement documenting the amount the City of Salisbury would contribute to the building in return for half interest in the building, payable over a twenty year period. Prior to Fiscal Year 2007, there has not been any question about the terms of agreement and the City of Salisbury has traditionally paid their contributions for the Capital needs of the building. 

 

Mr. Baker also disclosed that the Government Office Building does not sit on its own lot and is not subdivided. The Public Works Department will be addressing a proposed subdivision plat, a proposed deed and a proposed management agreement which have been received in the past week.  Mrs. Bartkovich concluded her comments by remarking that the subject needs to be resolved.

 

Mr. Holloway spoke about his concern in reference to $55,000.00 inadvertently missed during the budget process for which Council passed Resolution 107-2007 during today’s session. He wished to express that he finds it disturbing and wonders how or why it happened.  Citing that during budget sessions, other instances of oversight occurred and he is concerned about what else may have been missed. The issue of dealing with taxpayer’s money is an important issue to him.  

 

Mr. MacLeod shared that he had received a citizen call in reference to the likelihood of replacement for trees that have been cut by the river.  He stated that he had submitted the concern to the Council Administrator who after some research called the complainant, explained the situation to them and other association members. The situation was nicely resolved. Mr. MacLeod expressed his thanks and also commented that the system works.

 

Mrs. Sample-Hughes expressed her thanks to her Council colleagues and the Board of Education family for the kindness shown to her over the passing of her father-in-law this past week. She and her family appreciate everyone’s efforts. 

 

Additionally, Mrs. Sample-Hughes wished to advise she will be holding her next District One quarterly meeting at 7:00 pm on Thursday, June 28, 2007 at the Delmar Town Hall.  Citizens are invited and encouraged to attend the informal discussion wherein their input is most welcome. Other participants of the meeting include County Council President, Mr. Cannon, County Executive, Mr. Pollitt and Sheriff Lewis. 

 

Mrs. Sample-Hughes advised that she will be absent from the County Council meeting to be held on July 3, 2007.

 

President Comments:

Mr. Cannon offers Wicomico County Council Office, Executive Office Associate, Melissa Holland, congratulations and well wishes on the birth of her daughter Kaylen Andrea Clark born Monday, June 18, 2007.

 

 

On motion of Mrs. Prettyman and second by Mrs. Bartkovich and unanimously carried, Council voted to enter into an Open Work Session followed by a Closed Work Session for the purpose of discussing Land Acquisition.

 

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.

 

 

Legislative Session

June 19, 2007

 

                                                ___________________________

                                                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

 

 

______________________

Doris Schonbrunner

Council Administrator