The Wicomico County Council met in Legislative Session, September 18, 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: Matthew Creamer, Council Administrator; Edgar A. Baker, Jr., County Attorney; Richard M. Pollitt, County Executive and Glenda Roberts, Recording Secretary

 

Mrs. Prettyman introduced Mr. Doug Gosnell, President Sharptown Commissioners and Delegate Page Elmore. 

 

Mr. McCain presented a Proclamation for Family Day – A Day to Eat Dinner with your Children.

 

Mr. Cannon presented a Proclamation for the week of September 17-23, 2007 as Constitution Week to Members of the Daughters of the Revolution, Beverly Durham and Anne Holbert, Regent.

 

On motion of Mrs. Bartkovich and second by Mr. MacLeod the minutes of September 4, 2007 were unanimously approved.

 

Matthew Creamer, Council Administrator:

 

READ Posters: Mr. Tom Hehman, Director of the Wicomico County Free Library, Marlene Rinnier, Board Chair and Sandy Pearson, Marketing Relation Specialist came before Council to encourage reading. They unveiled two Posters, one of Council President, Mr. John Cannon and one of County Executive, Mr. Rick Pollitt for the READ program. Each was presented a smaller framed version of their respective poster.

 

Resolution 120-2007 – A resolution declaring that Cadista Pharmaceuticals, Inc. located at 207 Kiley Drive, is eligible to receive Enterprise Zone Benefits. On motion of Mr. MacLeod and second by Mr. McCain, Resolution 120-2007 was unanimously approved. 

 

Resolution 121-2007 – A resolution declaring that Boyd Properties, LLC located at 2227 Northwood Drive is eligible to receive Enterprise Zone Benefits. On motion of Mr. McCain and second by Mr. MacLeod, Resolution 121-2007 was unanimously approved as amended.

 

Resolution 122-2007 A resolution confirming an accumulated leave policy for At-Will employees of the office of the State’s Attorney for Wicomico County and a supplemental appropriation from contingency to the salary account of the State’s Attorney in the amount of thirteen thousand seven dollars, sixty three cents ($13,007.63) for payment of accrued leave for Lee Butler and Andrew McDonald. Mr. Ruark stated that he would provide for accumulated leave in his line item budget for future fiscal years. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes, Resolution 123-2007 was unanimously approved.

 

Resolution 123-2007 – A resolution appointing George Whitehead as Chairman of the Wicomico County Local Management Board. On motion of Mr. McCain and second by Mr. MacLeod, Resolution 123-2007 was unanimously approved.

 

Resolution 124-2007 – 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 $638,000.00. Following discussion in which Mr. Charlie Bounds, Mrs. Robin Holloway and Mrs. Loretta Savoy stated that they will provide for these incidentals in future fiscal year line item budgets.  On motion of Mr. McCain and second by Mrs. Bartkovich, Resolution 124-2007 was unanimously approved.

 

Mrs. Holloway invited the public to attend a Middle School Task Force meeting that was to be held that evening to discuss the eventuality of replacement of the Bennett Middle School.

 

Mrs. Holloway requested a work session with Council to discuss the Board of Education Capital Improvement Budget.  Council agreed to meet with the Board on October 16, 2007 at 1 o’clock p.m.

 

Mr. Creamer reminded Council that the Tri-County Council had made a request to be advised which County Council members would be voting members.  Mrs. Prettyman stated that she would like have her name removed as a voting member.

 

 

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

 

PUBLIC HEARING: 

BILL No. 2007-4 -  AN ACT to authorize and empower Wicomico County, Maryland to borrow on the faith and credit of Wicomico County, Maryland an aggregate amount not to exceed Sixteen Million Six Hundred Seventy-Five Thousand Dollars ($16,675,000.00) and to evidence such borrowing by the issue and sale from time to time of one or more series of general obligation bonds of the County, the proceeds thereof to be used by Wicomico County to finance, refinance or reimburse all or a portion of the costs of projects for the Board of Education of Wicomico County for the planning, design, acquisition, construction, improvement, installation, renovation, rehabilitation, repairing, furnishing and equipping of facilities, buildings and structures, together with other costs and financing costs related thereto; authorizing the County Council to pass one or more resolutions prior to issuing all or any part of the bonds in order to fix, prescribe and determine the details of the bonds and the issuance and sale thereof; authorizing the issuance from time to time of one or more series of general obligation refunding bonds in order to refund or advance refund any of the bonds issued pursuant to the authority of this act, provided that the aggregate principal amount of each such issue of refunded bonds does not exceed on hundred thirty percent (130%) of the aggregate principal amount of bonds refunded thereby; providing that the bonds shall be general obligations of the County to which the faith and credit of the County are pledged and authorizing annual appropriations to pay the principal of and interest on said bonds and the levying of taxes to meet said appropriations, subject to any lawful limitations on the County’s taxing power set forth in the Charter, as that taxing power may relate to the bonds; exempting the bonds from the provisions of Sections 10 and 11 of Article 31 of the Annotated Code of Maryland; authorizing the issuance from time to time of one or more series of general obligation bond anticipation notes in an aggregate principal amount not to exceed Sixteen Million Six Hundred Seventy-Five Thousand Dollars ($16,675,000) prior to and in anticipation of the sale of bonds authorized hereby; providing for the disbursement of the proceeds of the bonds or bond anticipation notes; providing that the provisions of this Act shall be separable; and generally relating to the issuance and sale of such bonds or bond anticipation notes.

 

On motion of Mr. Holloway and second by Mr. McCain, Bill No. 2007-4 was unanimously approved.

 

 

Discussion to propose amendment to Dog Ordinance:

Mr. Cannon advised that the ensuing discussion would be informal and not a public hearing. President Cannon invited the public to comment on their concerns as they related to the County Dog Ordinance. John Gray, Ann Suthowski, Ola Meadowcroft, Rose Tilley, Kenneth Holland, Gary Marine, Doug Gosnell, Lynda Hylton, Mia Farlow, Edna Walls and Scott Robertson commented about dogs and/or requested changes to the County Dog Ordinance. Many spoke in support of amending legislation that would provide enforcement, a high level of safety, protect the rights of citizens, control barking dogs and address property owner’s liability. While others supported ensuring the Director of the Humane Society has the tools to run an effective and efficient service, they understood more clearly that instinctive animal behavior can not be legislated; however citizens need to make wise choices, be accountable and assume responsibility for their own pets.  

 

Mr. Baker advised that legislation can be drafted but added enforcement of the current ordinances has been ongoing for some time with less than stellar success at the judicial level.

 

Mr. Cannon suggested a committee be formed to go through the proposed changes to the current

Dog Ordinance. 

 

Linda Lugo, Director, Wicomico County Human Society said that she saw two separate issues, one being the vicious dogs and the other being changes to the Dog Ordinance.

 

After discussion Council took the following action to address the immediate concern of dangerous dogs:

 

Legislative Bill 2007-5 An Act to amend Chapter 133, titled “Dogs and other animals,” to revise Section 133-11, subsection D, titled “Confinement and Destruction of certain animals” to provide for the confinement or destruction of dangerous Dogs. On motion of Mrs. Prettyman and second by Mr. MacLeod, Legislative Bill 2007-5 was amended and introduced as Emergency Legislation.  A Public Hearing will be held at 10:30 am in the Government Office Building on October 16, 2007.  

 

Council agreed that Mr. Creamer would appoint a Committee to address issues of animal control.

 

 

Council Comments:

Mrs. Sample-Hughes expressed that she would be holding her third District One quarterly meeting at 7:00 pm on Thursday, September 27, 2007 at American Legion Post #269 in San Domingo and encouraged citizens in the surrounding areas to attend.  She advised that Mr. Sharma, Director of Public Works would attend the meeting to address issues of paving projects and road improvements. In addition, The Director of the Department of Juvenile Services would attend and outline preventative measures for youth.

 

Mr. MacLeod wished to share with parents a resource he had learned of through the Sheriff’s Office wherein Lt. Roberts makes presentations regarding online predators.  The presentation can be requested by groups and provides protective measures that can be put in place to keep children safe.

 

Due to an earlier power outage, Mrs. Bartkovich wanted to advise citizens watching PAC 14 of the public input session that was mentioned earlier in the meeting that would be held that evening at the Board of Education about the future replacement of Bennett Middle School.

 

President Comments:

Mr. Cannon thanked everyone for their attendance and patience in going through the Dog Ordinance process.  He also expressed that he felt progress had been made.

 

Mrs. Bartkovich moved that the meeting be adjourned to a closed session, at 12:30 pm, to discuss Land Acquisition at the Salisbury-Ocean City-Wicomico Regional Airport. The motion was seconded by Mrs. Prettyman and unanimously approved.  The authority for closing the session was State Government Article Section 10-508(a) (3).

 

During the closed session the following Council members were present: John T. Cannon, President; Stevie Prettyman, Vice President; William R. McCain, Sheree Sample-Hughes, Gail M. Bartkovich, David A. MacLeod, and Joe Holloway, and the following topics were discussed: value of land to be acquired. No formal action was taken during the session.

 

On motion of Mrs. Prettyman and second by Mr. MacLeod and unanimously approved the meeting was adjourned.

 

 

Legislative Session

September 18, 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