The Wicomico County Council
met in Legislative Session, August 7, 2007 at 10:00 a.m. in Council Chambers,
In attendance: Matthew
Creamer, Council Administrator; Edgar A. Baker, Jr.,
On
motion of Mr. MacLeod and second by Mrs. Prettyman the minutes of July 17, 2007
were unanimously approved.
President Cannon informed the
public that Council had appointed a new Council Administrator and called for a
motion to confirm Mr. Matthew Creamer as Council Administrator. On motion of Mr. McCain and second by Mrs.
Prettyman and unanimously carried, Council voted to accept Mr. Creamer as
Council Administrator.
Mr. Creamer thanked Council
commenting he felt humbled, appreciated their confidence and that he would do
his best to live up to the confidence the Council has expressed.
Matthew Creamer, Council Administrator:
A Proclamation requested by
the Wicomico Partnership for Families and Children acknowledging the fifth
annual National Night Out against crime was presented by Mr. Cannon.
Kevin Condon, a
representative and corporate sponsor of the event from Target, Inc. encouraged
everyone to join National Night Out and thanked the community for their support
of the event.
A Proclamation requested by
the Wicomico Partnership for Families & Children recognizing 2007 Friend of
Children Award recipient former Wicomico County Council President, Mr. Philip
L. Tilghman, was presented by Mr. McCain.
Mrs. Linda Hardman, Director noted that Mr. Tilghman served three years
as Chairman for the Local Management Board (LMB) during which time he guided
the LMB through a visionary five year strategic plan. In addition, Mrs. Hardman
also read a letter of recognition sent from Governor, Martin O’Malley and
presented Mr. Tilghman with a statue.
Mr. Tilghman offered his
thanks for being recognized by a community that gives and serves, and requested
the continuing support of the Local Management Board by elected officials. He
accepted the Friend of Children award on behalf of the fourteen hundred
children involved in the Salvation Army and other programs established and
served by the Local Management Board.
A Proclamation celebrating
the 275th Anniversary of the City of
Senator Richard Colburn and
Mrs. Sample-Hughes jointly presented six Family Friendly Business Award Proclamations
requested by Wicomico Partnership for Families and Children to the following
recipients:
Dove Pointe, Davis, Bowen and
Friedel, Inc, Mercantile Peninsula Bank, Peninsula
Regional Medical Center, Shore Distributors and Wor-Wic Community College.
Senator Colburn offered his
congratulations to Mr. Tilghman for the Friends of Children Award.
Mrs. Hardman thanked Council
and Senator Colburn for honoring the businesses stating it was a great first
annual recognition.
Resolution 112-2007 – A resolution confirming the appointment of George
Whitehead to the Wicomico County Local Management Board. On motion of Mr.
McCain and second by Mrs. Prettyman, Resolution 112-2007 was unanimously
approved.
Resolution 113-2007 – A resolution confirming the appointment of Matthew
Creamer to the Salisbury-Wicomico Metropolitan Planning Organization Board. On
motion of Mrs. Prettyman and second by Mr. MacLeod, Resolution 113-2007 was
unanimously approved.
Resolution 114-2007 – A resolution confirming the appointment of Kimberly
Dumpson to the Wicomico County Personnel Board. On
motion of Mr. McCain and second by Mrs. Bartkovich, Resolution 114-2007 was
unanimously approved.
Petition
opposing the site of a future landfill at
Mr.
Cannon thanked Mrs. Sample-Hughes for the time and effort put into this project.
Enterprise Zones: Mr. David Ryan, Executive Director, SWED
Mr. Creamer, Council
Administrator presented Council with a letter sent to the City of
Mr. Ryan explained that the
Enterprise Zone was established in 1982. The program is sponsored by the State
of
Mr. MacLeod asked how the
information on the application for the Enterprise Zone was validated. Mr. Ryan
explained that applications require permits and a certification and are
processed through the City of
Mrs. Sample-Hughes asked
whether changes could be established in future Enterprise Zone renewals. Mr. Ryan replied that all requirements and
boundaries could be re-visited at the time of re-designation of a zone. All zones are due to expire in 2012. The
ideal situation would be for the City and the County to jointly discuss future
changes to the boundaries, the restrictions and the criteria for Enterprise
Zones. City of
Mr. Pollitt interjected for
Council’s benefit that local governments may apply to the State for partial reimbursement
for tax revenue lost by granting Enterprise Zone designation to businesses. Mr. Ryan noted that the State annually
reimburses approximately fifty percent on the real property tax credits.
Resolution 115-2007 – A resolution declaring that Rinnier
Development, located at
Resolution 116-2007 – A resolution declaring that Walgreen Company
located at
Mrs. Sample Hughes asked Mr.
Dan Breen of PricewaterhouseCoopers LLP, representing Walgreens why the location
was chosen based on there being six other similar businesses in close
proximity. Mr. Breen was not familiar with the site selection process. He stated that the reason
On motion of Mr. McCain and
second by Mrs. Prettyman, Resolution 116-2007 was unanimously approved.
Debt Affordability Study:
Mrs. Petersen was invited to
explain to Council the need for the study. She said that the last study had
been done in 1999 prior to the revenue cap being passed. At that time Council decided
not to borrow more than was being paying off.
There had been no need to do another study because interest rates were
low. In 2006 the County bonded significantly more than was being paid off
raising question of debt affordability with the bond rating agency.
Anticipating forthcoming projects, it is likely that Council will again be
bonding more than will be paid off which is why a new study was felt to be
necessary.
Mr. McCain asked Mrs.
Petersen who she was referring to as the consultant who recommended policies
and procedures to which Mrs. Petersen responded that the County’s financial
advisor is Davenport Company.
Mrs. Bartkovich stated that
according to the
Mr. Creamer stated there had
previously been discussion the cost of the study could be shared, but the
Mr. Pollitt commented the
Capital Budget was being processed in anticipation of going to the Bond Market
in the fall. He intends on being
responsible with funding yet hoped not to avoid projects if they could be
afforded. The debt affordability study
would come into account as part of the details when Capital project
recommendations were brought before Council.
Mr. McCain commented that he
felt it was good timing to be meeting with Planning & Zoning that afternoon
based on the fact that rating agencies like to see as many written policies as
possible, specifically things such as Comprehensive Plans. He emphasized how
crucial it is the County complete their Comprehensive
Plan in a timely manner.
Criteria for Merit
Increases: Mr. Richard M. Pollitt,
The matter before Council is
in reference to a line item in the Supplemental Budget wherein five department
heads received an additional two percent raise beyond the four percent that
Council approved for all County employees.
Mrs. Prettyman indicated that
she had spoken with Mrs. Petersen the previous day said that previous documents
were not transparent and there was no way to figure out the sequence of
events.
Mr. Holloway asked Mrs.
Petersen to explain from where the additional money in the supplemental budget
line item came. Mrs. Petersen explained
that the time between when the budget is put together in February and when it
is adopted in June there are many changes in personnel. Whenever an employee leaves a position, the
salary is adjusted to the minimum. There are also some employees who receive
grade improvements. Prior to final adoption of the budget the difference
between those months is calculated and the net entered back into the salary
portion of the overall budget.
Mr. MacLeod asked if the next
time salaries come to Council if there will be an itemized list such as the one
provided to Council in their brief books.
Mr. Pollitt apologized
“sincerely and formally” for any confusion in the budget process. He explained this was his first County budget
process and that he had relied on the assistance of his staff. In addition, he was not aware that Council
would be sensitive to how specific salaries were applied to specific people. Mr.
Pollitt promised that he was very clear now about how Council felt and promised
in future years anything different with any individual in the salary plan would
be made plain.
Mrs. Prettyman stated she was
disturbed by the incident citing it was not transparent the five employees would
receive an additional raise. She said
that the County is now governed by two co-equal branches of government and that
the separation had been formed with the intent to provide a check and balance
on each branch. When this was occurred she felt that the right of the
legislative branch had been taken away. Mrs. Prettyman said this was her ninth
time going through the budget process and noted that previously all department heads
had been treated equally and fairly. She stated she would not have supported
the action and would have asked her colleagues not to support it either. In
addition, she offered an apology to all other County employees and department
heads stating that she would work very hard to make sure such an occurrence
would never happen again.
Mrs. Sample-Hughes identified
having been concerned that information was not shared with Council in a manner
that other information in the supplemental budget was shared. She felt other County employee’s works,
dedication and commitment were overshadowed by this incident. In regard to the
transition with the
Mrs. Bartkovich stated that
she is a strong believer in consistency and a very strong believer in fairness.
She was disappointed that Council was not made more aware of that particular
line item’s purpose. Her main concern is that employees are the most expensive
cost in government. If she had been given the opportunity to make a choice her
preference would have been for the monies go to a one time expense such as
county roads vs. a continuing expense the taxpayers will now have to absorb.
Mr. Holloway stated when
Council entered budget sessions there were five new members. The matters they
had to consider at times were not pleasant because they had to cut monies. He
realized every time a dollar was cut out of a program it affected somebody, not
necessarily an employee but perhaps a citizen. Council made some tough
decisions and he expressed his disappointment that the line item was not more
transparent so those monies could possibly have been used in better places.
Mr. MacLeod stated that this
situation is a lesson learned with both entities of government and applauded
Mr. Pollitt for the steps he had taken. He felt all parties would be more aware
of how to make more intelligent decisions in the future. He expressed it was
time to move forward.
Dry Wells in Southern
Wicomico County: Mrs. Lori Brewster,
Acting Director Health Department, Mrs. Mary Phipps-Dickerson, Director,
Environmental Health, Eric Dougherty,
Acting Chief, On-Site Well and Septic Systems and Jay Prager,
Deputy Program Manager, Wastewater Permits, MD Dept of Environment (MDE)Water
Management Association
Mr. Pollitt spoke of several
different weather related issues that had culminated into the current dry well situation.
He had instituted a burn ban and had worked to discover the process for
declaring a water emergency. County
citizens had been asked to voluntarily limit their use of unnecessary water.
Mr. Pollitt spoke about understanding
the feeling of waking up and being totally without water as one whose home had
also been affected by the situation. He
had worked on measures for citizens to apply for financial assistance. In addition, he noted that he had already
replaced his well at his own personal expense.
Mrs. Brewster stated that since
July 1, 2007 she has recorded fifty-three two inch wells that have been
permitted for replacement, fifty three percent of which were in the Eden-Allen
area. The water table had dropped so that water could no longer be pulled up to
supply the two inch wells. Every well being replaced would be a four inch well with
a submersible pump with cost being anywhere from $1,000.00 to $6,000.00
depending on which aquifer was used.
Mr. Pollitt had determined
that many assistance programs were available to people with low to moderate
incomes but that families had to meet certain thresholds of income. Many citizens affected by this situation are
above those caps yet could not afford that type of an expense. Mr. Pollitt had
made inquiries of the
Governor and one agency if income
restrictions on those funding programs could be waived to help more people.
Mr. MacLeod noted these
families are in a crisis and asked about the turn around time for receiving
necessary help. Mr. Pollitt indicated that many relied on generous neighbors who
had run garden hoses to other homes.
People with no neighbors had to rely on purchasing bottled water.
Mrs. Bartkovich questioned
whether families who chose to go with a “packer” system needed a permit to
which Mrs. Brewster replied no. Mrs.
Bartkovich then commented the situation could actual have been worse to which Mrs.
Brester replied “absolutely”.
Mr. Holloway asked how much
rain would be necessary to replenish the water. Mr. Prager
citing previous drought conditions having been worse stated that it would be
difficult to say.
Mr. Cannon questioned how the
County would know what to allow concerning new developments for that area in
regard to the supply or quality of the water.
Mr. Prager advised that during the proceedings
of such a development that issue would be reviewed and addressed by the State
of
Mr. McCain expressed that the
County is laden with homes that have two inch wells and this is the first time
they had ever failed at this level. He asked
what had caused the water table to drop believing there had been more
contributing to its demise than drought conditions. Mr. Prager
indicated that long term records showed a slow and steady drop of the water
table. The background of the last drought had started with the water table at a
higher level. He said the lower water
table had been attributed to dryer conditions over a period of time. The plan is
to not allow two inch wells in the future. Mrs. Brewster felt that while the
MDE worked on making an adaptation to the regulation, the County could adopt measures
to only allow four inch wells with submersible pumps.
Mr. Cannon asked whether usage
violations by certain entities were the true problem. Mr. Dougherty advised
that MDE had looked at usage in the different aquifers. He further commented that
the majority of two inch well use is on the
Mrs. Bartkovich wanted to
know if the new four inch wells would be going back into the Manokin aquifer. Mrs. Brewster remarked that there is
plenty of water in the Manokin aquifer therefore
continuing to use it is a viable solution. The submersible pump is the key
because if it becomes necessary it can be lowered to meet the water table. The
process of lowering the pump would require hiring a plumber but is a better
solution than having to drill a new well. Mrs. Brewster advised that in
relation to the current situation, permits are being issued almost immediately.
Potability could take months for a good sample but chlorination
and re-development of the well could aid in speeding up the process. Mrs.
Brewster advised that water was still useable for certain things prior to it
being certified as safe for drinking.
Mrs. Prettyman and Mrs.
Sample-Hughes were advised that funding for low to moderate income citizens
might be available through the Department of Housing and Community
Development. Mr. Pollitt indicated he had
been working to bring financial resources to citizens. When more information
was available, his staff would be able to contact affected citizens through Health
Department records.
Mr. MacLeod asked if rainfall
would replenish the aquifer to which Mrs. Brewster replied that it depends on
where the rainfall occurs and how long it takes to move through the aquifer,
but essentially yes over a period of time it can replenish. Mr. MacLeod commented that he had been
astounded at the rate at which the aquifer had diminished. He stated there is a
real problem in
Mr. Cannon asked if there
would be a public meeting. Mrs. Brewster
said the Health Department would be glad to hold such a meeting once issues of
financing were discovered.
Mrs. Prettyman asked if water
restrictions of any type would be put into effect. Mrs. Brewster stated she had made such a
recommendation to MDE with the hope they would consider submitting drought
restriction measures to the Governor’s office.
She wasn’t sure if the County had the authority to place those
restrictions. Mr. Dougherty was not able to definitively say who had the
authority to place such a restriction.
Mrs. Bartkovich asked if
Council wished to discuss placing a burn ban into effect. Mr. Pollitt stated that he had imposed a burn
ban the previous week.. Council would need to approve
a resolution to extend the burn ban indefinitely and would allow a civil
violation to be imposition with a $500.00 fine. Mr. Baker advised that if
action on the resolution is needed Council members could either hold a special
meeting or be polled by telephone. The Health Department noted they had imposed
a restriction on issuing burning permits.
On motion of Mr. Holloway and
second by Mrs. Bartkovich discussion ensued relative to:
Resolution 117-2007 – A resolution to institute a temporary ban on any
outdoor burning in
Mr. Holloway asked who would
enforce the ban to which Mr. Baker replied the responsibility would fall to Code
Enforcement Officer, Mr. Pate Matthews. Mrs. Bartkovich asked if the original
ban had excused grills. Mr. Pollitt replied it had. Mr. Baker said the
resolution could be amended to exclude charcoal and gas grills. It was agreed
that both types of grills would be excluded from the ban.
On motion of Mrs. Bartkovich
and second by Mrs. Sample-Hughes, Resolution 117-2007 was amendment to exclude
gas and charcoal grills in their proper use from the burn ban was unanimously
approved.
Mr. Holloway asked if
Fireworks should be included in the burn ban. Mr. McCain mentioned that
fireworks are not legal. It was clarified that the intent was not to allow fireworks
at area events. Mr. Baker commented that during the last drought fireworks at
the Stadium were not allowed. He also noted that there is an exception in State
law that allows fireworks if there is a trainer on-site.
On motion of Mr. Holloway and
second by Mrs. Prettyman, Resolution 117-2007 was amended to prohibit fireworks
displays.
Mrs. Bartkovich asked if the
Shorebirds had been alerted that Council might take action to prohibit
fireworks displays. There had been no
such discussion. Mr. MacLeod stated that when there are fireworks at the
Shorebirds Stadium that there is a Fire Marshall in the area, a truck on-site
and all necessary precautions were taken. Mr. Cannon agreed stating they are
handled by professionals and that fire safety is a first concern of theirs. Mrs. Bartkovich commented there were members
of the Fire Service in the audience and asked if someone would like to speak to
the issue.
Mr. Robert Bell, Deputy
Chiefs Pittsville Fire Department stated that he is a licensed Pyro-technician and defined there are many processes that
take place prior to any fireworks being displayed including licensing and Fire
Marshal site inspection.
A vote to amend Resolution
117-2007 to include prohibiting professional fireworks displays was called with
the following result, Mr. Holloway, aye. Mr. McCain opposed, Mrs. Bartkovich,
opposed, Mrs. Sample-Hughes, opposed, Mrs. Prettyman, opposed, Mr. MacLeod,
opposed. The amendment failed.
On motion of Mr. McCain and
second by Mrs. Bartkovich, Resolution 117-2007 was unanimously approved as
amended.
Mr. Creamer mentioned there
were several informational items in Council’s brief books, but in the interest
of time would not go over in the meeting, but advised he would be available to
answer any questions Council might have.
Public Comments:
Janice Hughes 29405
Augustine DiGiovanna – stated
this was his third month coming to make the same request expressing that he had
not received a reply. He made a new request that a computer be made available
at Council meetings, possibly hooked to the internet so that information in
question could be quickly looked up. Mr.
DiGiovanna felt that technology should be made available for citizens to communicate
with the County Council. Mr. DiGiovanna commented on the need for a check and
balance system for the Planning Commission.
He continued to be concerned over the Meadows at Barren Creek and Deer
Creek Estates developments that had been approved by the Planning Commission. Mr.
DiGiovanna asked Council to consider changing the Planning
Commission section of the
President Cannon addressed
Mr. DiGiovanna saying that in fact he had spoken directly with him after the
last meeting and informed him that Council is researching the items he had
brought to their attention.
Mr. DiGiovanna stated that he
had not heard any input from any other Council members and thanked President
Cannon for speaking to him.
Mrs. Sample-Hughes stated
that after the last Council meeting she also had spoken with Mr. DiGiovanna and
believed in and would work to address his concerns as well.
Ashley Orr and Blayne Sample,
Mr. Russell Cooper – Mr. Cooper welcomed Mr. Creamer back. Mr. Cooper addressed the dry well issue that
is taking place in the County. Mr.
Cooper addressed Mr. Pollitt regarding several employees pay raises and stated
that Mr. Pollitt should have discussed this issue with Council. He expressed
that he felt the money would have better served the County had it been put
toward road infrastructure.
Council Comments:
Mr. McCain stated that Andy
Wisk from Recreation and Parks did an excellent job with the World Series for
the sixteen and under USSA softball fast pitch for girls. This event generated 1.7 million dollars
making it the second biggest event that takes place in the County. Mr. McCain thanked Mr. Wisk and the event volunteers. Mr. McCain also congratulated the West
Salisbury Little League Team on their Maryland State Championship and he wished
them luck since they are currently working towards the World Series for Little
Leagues.
Mr. MacLeod advised attendees
about a grass root safety program for bikers, walkers, and runners so that
citizens could enjoy those types of activities without any potential harm. Mr. MacLeod stated that he is a part of the
program and will keep Council informed.
Mrs. Sample-Hughes stated
that she spoke to Reverend Bobby Weston who is the pastor of
President Comments:
President Cannon thanked Mark
Thompson, Latoya Gattis and the Giraffe Project for attending the meeting.
President Cannon also thanked
Mr. Pollitt for attending the meeting to address the Council’s concerns and
stated that he looks forward to working with Mr. Pollitt during the next
several years.
Mr. Pollitt stated that if
any Council member or citizen has any questions or comments or criticisms to go
to his office and he will discuss their issues with them.
On motion of Mr. McCain and
second by Mrs. Bartkovich and unanimously carried, Council voted to adjourn.
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
August 7, 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
_________________________
Matthew E.
Creamer
Council
Administrator