The Wicomico County Council met in Legislative Session, November 6, 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 E. Creamer, Council Administrator;
Edgar A. Baker, Jr., County
Attorney; and Melissa
Holland, Recording Secretary.
President Cannon read a Proclamation for National Hospice
Month.
Mr. McCain presented a Certificate of Appreciation to
Fernando Guerrero for his accomplishments in Boxing and Wrestling.
On motion of Mrs. Sample-Hughes and second by Mr. McCain the
minutes of October
16, 2007 were unanimously approved as amended.
Matthew E. Creamer, Council Administrator:
Resolution 136-2007-Resolution
in support of the Girl Scouts of the Chesapeake Bay Council’s Application for
an allocation of community investment tax credits to support capital projects
at Camp Sandy Pines located in Fruitland, Camp
Todd located in Denton, and Camp Grove Point located in
Earleville. On motion of Mr. MacLeod and
second by Mrs. Bartkovich Resolution 136-2007 was unanimously approved.
Resolution 137-2007-Resolution
accepting Sandyfield Drive
in Sandyfield, Section 1 and Glenbrooke
Court in Gunby’s Mill, Section II as County roads
for inclusion in the Wicomico County Road Inventory-On motion of Mr. McCain and
second by Mrs. Bartkovich Resolution 137-2007 was unanimously approved.
Resolution 138-2007-Resolution
to establish the process by which Wicomico County nominates an individual for
the position of health officer-When a vacancy exists, the County Executive
shall cause a suitable notice to be advertised soliciting applications for the
position, applications shall be screened and ranked, and at least the three
highest ranking applicants shall be selected for personal interviews, County
Executive shall select an interview panel and shall include a representative
from the County Council selected by the President of the Council, the County
Executive shall select the successful applicant, and shall recommend the
applicant to the County Council for confirmation, when the applicant
recommended by the County Executive is confirmed by the County Council, the
applicant shall constitute the nomination to the Secretary of the Maryland
Department of Health and Mental Hygiene for appointment. Mrs. Prettyman made a motion for an amendment
to state that the panel will forward any recommendations to the County Executive
which was seconded by Mr. McCain and unanimously approved. Discussion ensued to include as to whether
the State of Maryland will serve on the
committee to which Mr. Creamer stated that it is the decision of the County Executive. Mrs. Sample-Hughes asked that the number of
committee members be stated in the Resolution.
The Resolution will be amended to include a panel of no less than five
but no more than nine per Mr. Theodore E. Shea’s (Director of
Administration). Due to the number of
questions and amendments that need to be addressed Mr. McCain made a motion to
postpone this Resolution until the next meeting with a second by Mr. Holloway,
Resolution 138-2007 was postponed with one member voting in opposition
(Sample-Hughes).
Resolution 139-2007-Resolution
to designate the Administrator, pursuant to Article 9 of the Retirement Plan
for employees of Wicomico County and the Board of Education of Wicomico County
as amended and restated and generally effective as of July 1, 2003-Mr. S. Michael
Thompson, Director of Human Resources, came before Council to explain that a
replacement Administrator for the retirement plan had not been appointed since
the resignation of Mr. Cox, former Human Resources Director. On motion of Mrs. Sample-Hughes and second by
Mr. MacLeod Resolution 139-2007
was duly carried with one member voting in opposition (Prettyman).
Resolution 148-2007-Resolution
to waive the requirement of six consecutive months of permanent and total
disability prior to receiving disability pension benefits for Mr. Steven D.
Rayne. Ms. Sandra Silvia, Director of
Emergency Services and Mr. S. Michael Thompson came before Council requesting the
waiver for an employee at Emergency Services who has worked for the County for
twenty years due to health reasons. On
motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 148-2007 was
unanimously approved.
Resolution 140-2007-Resolution
to designate the Director of Administration and Assistant Director of
Administration as the appropriate official for the purposes of attestation of
the County seal under Section 905 of the Charter of Wicomico County, Maryland. On motion of Mr. McCain and second by Mr.
MacLeod Resolution 140-2007
was unanimously approved.
Resolution 141-2007-Resolution
of the County Council of Wicomico County, Maryland (the “County Council”)
providing for the issuance and sale by Wicomico County, Maryland (the “County),
upon its faith and credit, of $16,675,000 in aggregate principal amount of its
serial maturity, general obligation, fully registered bonds, issued pursuant to
the authority of Section 5 (P) of Article 25A of the Annotated Code of
Maryland. These bonds will be authorized
for the construction of Prince
Street School
and Bennett Senior High. On motion of
Mr. McCain and second by Mrs. Bartkovich Resolution 141-2007 was unanimously approved.
Resolution 142-2007-Resolution
making a supplemental appropriation via a transfer of funds from the Contingency
Account #001-990-570.00-033 to Gypsy Moth Operating Account #001-421-541.00-054,
in the amount of one thousand two hundred fifty dollars ($1250.00). On motion of Mrs. Prettyman and second by Mr.
MacLeod Resolution 142-2007
was unanimously approved.
Resolution 143-2007-Resolution
to authorize a new position and salary grade for an Assistant
State’s Attorney with the Wicomico County State’s
Attorney office; said position to be funded by grant funding unanticipated in
the fiscal year 2008 budget. Mr. Wayne Lowe, State’s Attorney’s office, came before
Council and explained that grants normally are for three to five years and if
this grant is no longer funded to the State’s Attorney’s office then this position
will be eliminated. Mr. Creamer
suggested that a sentence stating that “any an all amounts that exceed the
Grant allocated funds will be provided for by the County” be eliminated from
the Memorandum of Understanding. On
motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 143-2007 was
unanimously approved including deletion of language suggested by Mr. Creamer.
Discussion of office space:
Mr. Wayne Lowe explained to
Council that due to the number of employees that the State’s Attorney’s office
employs more office space is needed and Mr. Theodore E. Shea explained that
this will come back before Council when more information is gathered.
Resolution 149-2007-Resolution
approving a zoning classification of neighborhood business upon annexation by
the City of Salisbury, of property located on
the southerly side of Naylor Mill
Road and both sides of Jersey Road, adjoining the easterly the Salisbury corporate limits
along Naylor Mill Road east
of Jersey Road. Tax map #29, Grid #8, Parcels #95, 97, 360,
and 521. Mr. Jack
Lenox, Director Planning and Zoning came before Council to
explain the change in the State annexation procedures. When a city or town wants to annex the
request goes to the Planning Commission.
The Planning Commission first makes an administrative decision whether
or not the use is consistent with the existing comprehensive plan (zoning). If the city zoning does not allow for fifty
percent greater than the number of dwelling units allowed by County Zoning
the change is not substantial. The
proposed annexation is in the metro core and in a designated growth area
(R-20). The County Council is being
requested to approve the proposed commercial development on five acres of the
property whereas in the County all the property is presently zoned
residential. The City of Salisbury has changed its
annexation procedures and now requires a concept plan. The details of this plan are included in the annexation
agreement. The City has negotiated a
payment of fees for affordable housing where $3,000 is paid per unit into a
fund for single families. They have
negotiated a $3,000 per unit fee that is placed into a community investment
program. $1.25 per square feet for
commercial also goes into the neighborhoods.
There are ten units of affordable housing that are required. Mr. Rai Sharma,
Director Public Works explained that he had placed a request with the Planning
Commission that when this annexation goes through that the Planning Commission
should ask the city to annex the intersection.
Mr. Lenox stated that the City will require the developer to make
intersection improvements at Jersey and Naylor
Mill Roads. Mr. Lenox explained there is
land available beside the conservation land to expand the road if needed. Mrs. Sample-Hughes asked about the affordable
housing to which Mr. Lenox stated that the developer has to put money into a
fund for ten units if they don’t intend on building the ten units on site. Due to the Council having concerns about the
traffic issues and the water and sewer Mr. MacLeod made a motion to postpone which
was second by Mrs. Bartkovich and unanimously approved.
Resolution 145-2007-Resolution
declaring that Westwood Business Center, LLC located at 1770 Westwood Drive, is
eligible to receive enterprise zone benefits-An amendment was made to the
Resolution that and/or be added to the sentence pertaining to its job creation
and investment of more than $50,000 in it’s property, since there was no
mention of the number of jobs being created but the project exceeds the
required financial investment made on contribution and improvements. On motion of Mrs. Prettyman and second by Mr.
MacLeod Resolution 145-2007
was unanimously approved as amended.
Resolution 147-2007-Resolution
confirming the appointment of Reverend William A. Ross to the Wicomico County
Social Services Advisory Board-On motion of Mr. McCain and second by Mr.
MacLeod Resolution 147-2007
was unanimously approved.
Edgar A. Baker,
Jr., County Attorney:
Public Hearing:
Resolution 144-2007-Resolution
to authorize the County
Executive to acquire from
Ethel Mae Collins Spencer property located on the Northerly and Southerly sides
of Fooks Road,
being known as 5133 Airport Road,
Tax Map 49, Parcel 58, containing 5.47 acres, more or less. The property is to be acquired to satisfy
Runway Protection Zone requirements of the Federal Aviation
Administration. The acquisition will be
funded 95% through federal funds, 2 ˝% state funding and 2 ˝% Airport Commission
funds from Passenger Facility Charges.
The property will be acquired for the approved value of $210,000.
There were no public comments.
On motion of Mr. McCain and second by Mr. MacLeod Resolution
144-2007
was unanimously approved as corrected to the parcel as 57 rather than Parcel
58.
Public Hearing:
Resolution 146-2007-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.
There were no public comments.
Mrs. Bartkovich inquired about Supplemental Agreement Number
Four and the dates listed and questioned that the dates should read October 22, 2007
until October
22, 2017. Mr. Robert Bryant,
Airport Manager, stated that he would contact the Transportation Security
Administration and request that the dates be verified.
On motion of Mr. MacLeod and second by Mr. Holloway
Resolution 146-2007
was unanimously approved.
Introduction of
2007-6-An act to amend Chapter 59 of the Code of Wicomico County, Section
59-1, titled Personnel Manual by deleting the second sentence in Section
2303(e) and Section 2310 by eliminating the ability of an applicant to
challenge an employment decision.
On motion of Mrs. Sample-Hughes and second by Mrs. Bartkovich
the introduction of Bill 2007-6 was unanimously approved.
Public Comments:
Katrina Purnell came before Council thanked the Council for
placing information for the Public on the Council website and she also
expressed her concerns regarding the traffic on Jersey Road and the new developments that
are being proposed in the neighborhood.
Mrs. Purnell also feels that due to the annexations taken place she
feels that the County should ensure that the citizens are receiving the
benefits they deserve.
Ralph Harcum came before Council and presented them with a
picture of a stream which is located behind his house which is polluted and no
longer has any animals in this stream.
Mr. Harcum feels that municipal wastewater treatment plants needs to be
analyzed in this County and State.
Augustine DiGiovanna came before Council and complimented
the Planning Commission, but expressed his continuing concern about Beckwith
Subdivision. He requested that the
County Council add Beckwith Subdivision to its list of subdivisions to which he
has concern and has requested the Council to respond. He requested that the County Council
establish checks and balances for the Planning Commission. He also suggested that the Council look into
other legal opinions and see which one the Council believes that the Planning
Commission should use as its attorney.
Council Comments:
Mrs. Prettyman stated that she felt that Mr. Baker did an
excellent job and feels that as long as Mr. Baker is employed by the County
then the County will accept his advice.
Mrs. Bartkovich also agreed with Mrs. Prettyman and they
feel that the Council’s information should come from Mr. Baker.
Mr. MacLeod described a program that is being set up entitled
Code Blue’s Shelter. This program is
focusing on homeless women and children on the cold winter nights and they will
receive shelter and care with their needs.
If anyone would like to volunteer or make a donation please call 410-543-6981.
Mrs. Bartkovich reminded citizens of the Dog show which
begins on Friday and encourages families and animal lovers to attend this great
event.
Mr. McCain informed the Council and the public that he will
not be in attendance at the November 20, 2007 Council meeting as he will be out of
town.
Mrs. Sample-Hughes expressed her accolades to Delmar who
immediately responded to a trash complaint which she received from a
citizen. She also explained that the
Clean Up day held in San Domingo was a great success and thanked Mr. and Mrs.
Quinton for being the site coordinators.
President’s Comments:
President Cannon expressed to the citizens the need for them
to contact our State delegation to encourage the State to not solve the State’s
fiscal crisis by passing the State’s fiscal responsibilities to local
government to fund.
Mr. MacLeod moved that the meeting be adjourned to a close
session, at 11:05 a.m. to discuss Personnel Issues and Disposal of land. The motion was seconded by Mrs. Sample-Hughes
and unanimously approved. The authority
for closing the session was State Government Article Section 10-508(a) (1, 3).
Legislative Session
November
6, 2007
_______________________________
John
T. Cannon, President
_______________________________
Stevie Prettyman, Vice President
_______________________________
William
R. McCain, At-Large
________________________________
Sheree
Sample-Hughes, District One
________________________________
Gail
M. Bartkovich, District Three
_________________________________
David
A. MacLeod, District Four
_________________________________
Joe Holloway, District Five
_____________________
Matthew E. Creamer
Council Administrator