The Wicomico County Council met in Legislative Session on Tuesday, December 4, 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; Richard M. Pollitt, Jr., County Executive; and Melissa Holland, Recording Secretary.

 

President Cannon called for a moment of silence in remembrance of Betty Gardner.

 

Proclamations:  Mrs. Sample-Hughes presented a Proclamation to Ms. Jean Greene, First Anti-Basileus Vice President, for the Sixty Year Anniversary of the Delta Sigma Omega Chapter of Alpha Kappa Alpha Sorority Inc. 

 

On motion of Mr. McCain and second by Mrs. Prettyman the minutes of November 6, 2007 were unanimously approved as amended.

 

On motion of Mrs. Bartkovich and second by Mr. MacLeod the minutes of November 20, 2007 were unanimously approved.

 

 

Matthew E. Creamer, Council Administrator:

County Council Election- County Council Election-Pursuant to Section 303 of the Charter, the County Council shall elect a President and a Vice President from among its members at the first meeting of December of each year.  President Cannon called for nominations for the position of President. Mr. Holloway nominated John Cannon for Council President.  With no other nominations forthcoming, a vote was taken and John Cannon was unanimously elected as President. 

 

President Cannon then called for nominations for Council Vice President. Mr. Holloway nominated Stevie Prettyman as Vice President.  There were no other nominations.  Calling for the vote, Mrs. Prettyman was duly elected as Vice President by five favorable votes and one opposing vote (Sample-Hughes). 

 

Pittsville Ball Park- Mr. Gary Mackes came before Council with a request for acquisition of non-buildable land adjacent to the Pittsville ball park.  The land is located to the east of the ball field and less than twenty feet from the bleachers situated along the first base dug-out.  This land will be purchased with the State program Open Space Funds and will be appraised.  A public hearing will also be held for this acquisition.  Ms. Valerie Wagner of the Pittsville Recreation Council explained that the parking lot that had been used was sold to a developer and thirty parking spaces had been lost.  Mrs. Bartkovich asked if improvements were needed to which Mr. Mackes explained the improvements would be reviewed by the Recreation Commission and with next years Program Open Space appropriation would anticipate to receive the money from the State.  Mrs. Sample-Hughes asked if the County would have to pay any portion to which Mr. Mackes stated the County would have to pay 10% but is hoping the Recreation Commission can raise those funds.  Ms. Valerie Wagner said the Pittsville Recreation Council would raise the $1,000 matching funds.  On motion of Mrs. Prettyman and second by Mrs. Bartkovich the Council unanimously agreed for Mr. Baker’s office to proceed with setting the date for the Public Hearing and the appraisals for the property. 

 

Resolution 154-2007-Approving and publishing the dates of the Official Holidays for County Employees for the year 2008.  On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 154-2007 was unanimously approved.

 

New Year’s Day                                              Tuesday, January 1st

Dr. Martin Luther King Jr’s. Birthday    Monday, January 21st

President’s Day                                                Monday, February 18th

Good Friday                                                     Friday, March 21st

Memorial Day                                                  Monday, May 26th

Independence Day                                            Friday, July 4th

Labor Day                                                        Monday, September 1st

Veterans Day                                                   Tuesday, November 11th

Thanksgiving Day                                             Thursday, November 27th

Day after Thanksgiving                          Friday, November 28th

Christmas Day                                                  Thursday, December 25th

 

Resolution 155-2007-Resolution of the County Council (the “County Council”) of Wicomico County, Maryland (the “County”), supplemental to Bill No. 2007-4 of the Legislative Session of the County Council of the County passed and adopted on September 18, 2007 (the “Bill”), as supplemented by Resolution No. 141-2007 passed on November 6, 2007 (the “Resolution”), providing for the award of Sixteen Million Six Hundred Seventy-Five Thousand Dollars ($16,675,000) aggregate principal amount of Public Improvement Bonds of 2007; fixing the interest rates payable upon the bonds so authorized and awarding the bonds to the successful bidder therefore upon the basis of the bids received this day, in accordance with the official Notice of Sale (the “Notice of Sale”) of said bonds described in the Resolution; and determining various matters in connection therewith.  Mr. Creamer explained that Mrs. Patricia Petersen will attend the Council meeting later in the morning around 11:15 a.m. to announce the results of the bid opening to which the Council would need to pass acceptance on the low qualified bid.  On motion of Mr. Holloway and second by Mrs. Bartkovich Resolution 155-2007 was tabled until the time when Mrs. Petersen presents the results of the bid opening. 

 

Resolution 156-2007-Declaring that Plaza Gateway, LLC. Located at 116 & 118 West Main Street, Salisbury, MD is eligible to receive enterprise zone benefits.  Mrs. Bartkovich asked if all of the known owners for the LLC were known to which Mr. Creamer remarked that he did not know whether there are any other owners but he would locate the information.  Mrs. Bartkovich would like to know the owners to which Mr. Holloway stated that due to the number of LLC’s that come before the Council in any capacity he feels that the Council should know all of the owners of the LLC.  On motion of Mrs. Bartkovich and second by Mr. Holloway the postponement of Resolution 156-2007 was duly carried with one opposed (McCain) until the information regarding the LLC has been presented to Council.

 

Resolution 157-2007-Declaring that Lincare, Inc. located at 620 Naylor Mill Road, Suite G, Unit A, is eligible to receive enterprise zone benefits- Mr. McCain would like documentation of the costs associated with the renovations instead of just a figure.  On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 157-2007 was unanimously approved.

 

Mr. Creamer announced that Mrs. Patricia Petersen, Director of Finance, will come before Council on December 18, 2007 to give Council the budget implications to Wicomico County of the actions of the Legislature during the Special Legislative session. 

 

Mrs. Bartkovich stated that she had learned that the Board of Education had gone to the State in the appeal process to request more dollars for the Bennett Senior High School project as they have only been approved for Six million and will hear by the end of the year as to whether they receive the additional six million.  Mrs. Bartkovich would like to know the results of this as soon as they are known.

 

Mr. Creamer announced to Council that Mr. Kevin Byrd has given the Council a thank you letter for its help in assisting him after his plea at the Council meeting on November 18, 2007 to obtain an inspection from the Health Department for his food service business.  Mrs. Bartkovich also thanked Mrs. Sharon Morris, Assistant Director of Administration for her assistance in helping Mr. Byrd.  Mr. MacLeod said he hopes that it would not require the Council getting involved in the future.    

 

Resolution 158-2007-Extending the date for the submission of the Capital Improvement Program from December 15th to December 18th 2007.  On motion of Mr. McCain and second by Mrs. Prettyman Resolution 158-2007 was unanimously approved.

 

Edgar A. Baker, Jr., County Attorney:

Public Hearing: 

Introduction of Legislative Bill 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. 

 

There were no public comments. 

 

On motion of Mr. Holloway and second by Mrs. Sample-Hughes Legislative Bill 2007-6 was unanimously adopted.

 

Public Comments:

Augustine DiGiovanna came before Council with his concern regarding adequate public facilities and suggested the Council consider the issue of adequate public facilities ordinances.  Mr. DiGiovanna feels the municipalities should participate in the discussion.  Mr. DiGiovanna reiterated his suggestions for the Council to make public comments available to the public on the County website, to hold evening meetings, for the Council create a check or balance on the Planning Commission, look into subdivisions which he has concerns with and the Council work toward changing the County code.  Mr. DiGiovanna withdrew his request for alternate legal opinions as he sees that it would not be appropriate for the County to seek other legal opinions because of Mr. Baker’s role in the County.  Mr. DiGiovanna also suggested the Council members complete a self evaluation yearly to form a record of performance and supplied a sample form.  He is also suggesting the self evaluation be placed on the website after Council completes the form. 

 

Council Comments: 

Mrs. Bartkovich thanked the volunteers for organizing the Salisbury Christmas Parade which she felt was a great event. 

Mr. MacLeod reminded Council of their invitation to the Commission on Aging’s Luncheon to be held and asked Council to please attend if they are able. 

Mrs. Sample-Hughes expressed that the local branch of the NAACP #7028 is celebrating their sixty years of service and their anniversary will be held on December 20, 2007 at Wesley Temple United Methodist Church and formal invitations will be sent. 

Mr. Holloway stated that Parsonsburg is holding a memorial for a citizen who passed away in September, Elton Ennis, who was an active member in the community and was a founding member of the ambulance service. 

 

President Comments:

President Cannon thanked Council members for the nomination and support of him as Council President.  He felt that this first year was very challenging and exhilarating for the Council.  President Cannon feels that the Council and the County Executive did an excellent job with the new form of government and he looks forward to the next three years.

 

Council went into recess until 11:15 a.m. when the bond results will be announced. 

 

Resolution 155-2007-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 155-2007 was brought back to the table.  Mr. Richard Pollitt, Jr., County Executive; Mrs. Patricia Petersen, Director Finance, and Mr. Sam Ketterman, County’s financial advisor came before Council to announce that eight bids were received with a close range.  The low bid was 3.828% and the high bid was 3.888% and she recommends that the lowest qualified bidder Davenport & Company, LLC received the bid.  Mr. Ketterman remarked that the interest rate was outstanding and were better than Triple A rates the State would receive.  Mr. Holloway pointed out that the revenue cap did not “hurt” the County to which Mr. Ketterman stated that Moody’s gave the County a split rating but realizes the County has been able to work through the revenue cap satisfactorily.  Resolution 155-2007 was unanimously approved.  Mr. Ketterman explained that the revenue cap had not hurt the ratings but would prevent the County from moving up in the rating category.

 

On motion of Mr. McCain and second by Mr. Holloway Council unanimously adjourned to enter into an open work session. 

 

 

Legislative Session

December 4, 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