The Wicomico County Council met in Legislative Session on Tuesday, December 18, 2007 in Council Chambers, Government Office Building, Salisbury, MD at 10:00 a.m.  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.

 

William R. McCain presented a Proclamation to Mary Ashanti, NAACP President honoring 63rd anniversary of the NAACP local chapter #7028.  Mrs. Ashanti expressed her appreciation for the recognition and invited the Council to attend the event on December 20, 2007 at Wesley Temple United Methodist Church on West Road at 7:00 p.m.

 

William R. McCain also recognized the employees of Wicomico County for giving contributions to the United Way which was substantially above what the County employees contributed last year.  Kathleen Momme, Bill Whitehead and Ruth Ann Jenkins, Human Resources came before the Council to express their appreciation to the employees for their total donation of $11,388.

 

Mrs. Sample-Hughes presented Mr. Douglas Devenyns, Director of Corrections, a certificate for bringing the Detention Center to full compliance.  Mr. Devenyns also recognized officers whom had completed recertification.  The following officers received their recertification as duly authorized inspectors for the Maryland Commission on Correctional Standards and they are certified to perform inspections and audits of other detention centers-Rosalind Roberts, Alecia Creighton, Captain Ruth Colbourne, Tishanna Toppin, Nancy Paredes and Troy Abner.  Oscar Arce was also recognized for volunteering as an interpreter at an accident scene and provided communication between law enforcement and the victims.

 

On motion of Mr. McCain and second by Mr. Holloway the minutes of December 4, 2007 were unanimously approved as amended.

 

Matthew E. Creamer, Council Administrator:

 

Resolution 138-2007-Establish the process by which Wicomico County nominates an individual for the position of Health Officer- Mr. Creamer advised Council that it had adopted Resolution 138-2007 for the purpose of establishing a process for applicants for the position of Health office by the County Executive.  In actuality the Resolution’s wording inadvertently imposes unintended restrictions on the County Executive in making that appointment.  He referred to sentence four of Resolution 138-2007 which should read “The County Executive may select the successful applicant considering the recommendation of the panel and shall recommend the applicant to the County Council for confirmation.  On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes the amendment to Resolution 138-2007 was unanimously approved.

 

Resolution 162-2007-Approving certain transfers between major categories of the Wicomico County Board of Education Operating Budget for Fiscal Year 2007; transferring a total of $163,940.00-Mr. Bruce Ford, Charlie Bounds and Ms. Kim Miles, Board of Education, came before the Council.  Mr. Ford explained that the largest item is for transportation for the Ombudsman/Choices program that was established.  Mr. Ford also explained that the school buses are diesel and with the price of diesel increasing the Board of Education is required to reimburse the contractor.  This is in their contract as a “fuel adjustment clause” which means that for every seven cent increase in fuel costs over $2.50 a gallon, the Board of Education must pay bus contractors an additional one cent.  Mr. Bounds explained that $1300 is spent daily for the fuel adjustments.  Mr. Bounds stated that the Board of Education has tried to calculate the amount needed but may come back again to the Council for transfers.  On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 162-2007 was unanimously approved.   Ms. Kim Miles explained that inappropriate student conduct has decreased this year compared to the incidents which occurred last year.  Ms. Miles also feels that transportation plays a major part I in number of student progress.  Ms. Miles believes that the help of Social Services and the school guidance counselor makes a great effort to keep in contact with the students helps makes this program successful.

 

Resolution 156-2007- Declaring that Plaza Gateway, LLC located at 116 & 118 West Main Street, Salisbury, MD, is eligible to receive enterprise zone benefits- Mr. Creamer explained that Mr. John Pick, City Administrator, had provided the information that was previously requested regarding the owners.  Mrs. Bartkovich explained that she found the name to be Plaza Gateway Salisbury, LLC during her research.  Mrs. Bartkovich made a motion to postpone this Resolution and suggested that the correct name be placed on the Resolution with a second by Mr. Holloway Resolution 156-2007 was unanimously postponed.

 

Resolution 161-2007-Declaring that Chesapeake Shipbuilding Corporation located at 710 Fitzwater Street, Salisbury, MD is eligible to receive enterprise zone benefits- On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 161-2007 was unanimously approved.

 

Resolution 159-2007-Approving the 2008 Recreation Program Enterprise Budget for the Department of Recreation, Parks and Tourism, including fees for services provided therein and appropriations for expenses by category and line item- Mr. Gary Mackes, Director of Recreation, Parks and Tourism came before Council and presented the 2008 Enterprise Budget for Recreation and Parks.  Following a presentation by Mr. Mackes and a detailed discussion by the Council and on motion of Mr. McCain and second by Mr. MacLeod Resolution 159-2007 was unanimously approved.  Mr. McCain commended Mr. Mackes and his staff and the citizen committees adding that does these services available on a self-sustaining basis are very impressive.  President Cannon remarked that Mr. Mackes does an excellent job in the County and that the Council appreciates all of Mr. Mackes and his staff’s hard work. 

 

Resolution 160-2007-Resolution of Wicomico County, Maryland, a body corporate of the State of Maryland authorizing the execution and delivery of an agreement between the Tri-County Council for the Lower Eastern Shore of Maryland and the Maryland Department of Business and Economic Development for the purpose of developing a comprehensive economic development plan in Somerset, Wicomico and Worcester Counties- Mrs. Prettyman asked if a comprehensive economic development plan had been performed previously.  Mr. Creamer stated this is for a plan update so apparently it has been done before.  Mr. Theodore E. Shea, County Administrator explained this is a budgeted item for the Tri-County Council and that there is no cost to the County.  Mrs. Prettyman commented that she does not see the value for Wicomico County to participate in the Tri-County Council.  Mrs. Prettyman asked Mr. Creamer to obtain a copy of the comprehensive economic development plan.  On motion of Mr. McCain and second by Mr. MacLeod Resolution 160-2007 was duly approved with one opposing vote (Prettyman). 

 

Memorandum of Understanding-Lower Shore of Maryland Workforce Investment Act-The Local Workforce Investment Board and the Chief Elected Officials are authorized to enter into an agreement that describes the respective roles and responsibilities of the parties.  On motion of Mr. McCain and second by Mrs. Sample-Hughes the Memorandum of Understanding was duly approved with two opposing votes.  (Prettyman, Bartkovich). 

 

Legislation to be submitted by the Liquor License Commissioners-A. Kaye Kenney, Chair of Liquor License Commissioners and Christine Travers, Administrative Assistant came before Council and presented amendments to County liquor laws.  The amendments already have the support of Mr. Richard M. Pollitt, Jr., County Executive.  Council unanimously supported sending a support letter to the Local Delegation for the suggested amendments. 

 

Mr. Creamer announced public hearings scheduled for January 15, 2008.

 

Submission of Capital Improvements Program:  Mr. Richard M. Pollitt, Jr., County Executive and Mr. Theodore E. Shea, II, County Administrator presented the Capital Improvements Program time period and a future work session will be held.

 

Edgar A. Baker, Jr., County Attorney:

 

Adoption of Legislative Bill 2007-3:  Collective Bargaining- “Labor Code”- Mr. Baker presented Council with an amended Bill 2007-3.  On motion of Mr. McCain and second by Mrs. Bartkovich the adoption of Legislative Bill 2007-3 was unanimously approved as amended from its original introduction.  Mr. Baker explained the amendments to which Mrs. Bartkovich made an amendment to delete the line to state “such benefits may be subject to binding arbitration thereafter.” 

 

Public Comments: 

Augustine DiGiovanna came before Council and explained his suggestion for Council self-evaluations, his concern regarding subdivisions, and a check and balance for the Planning Commission.  Mr. DiGiovanna passed out information to the Council.

 

Kevin Byrd came before Council and announced that he received his business license and suggested that the Council poll the people who have applied for business licenses regarding their experiences with the Health Department approval process. 

 

Jerry Todman came before Council with a complaint regarding the Detention Center and his termination due to a medical condition. 

 

John Grout came before Council representing the Wicomico Environmental Trust.  Mr. Grout expressed his concerns regarding the growth in the municipal areas and in the agricultural areas and stated that the growth needs to be controlled by the County.  He also suggested the Council pay close attention to the growth area around towns.

 

Council Comments: 

Mrs. Bartkovich wished everyone a wonderful Holiday Season.

 

Mr. Holloway expressed his condolences to the family and friends of the victims which occurred on Washington Street in Salisbury.  Mr. Holloway stated that any home without a working smoke detector needs to get one and the Fire Departments give the smoke detectors away free of charge to those who cannot afford to buy one. 

 

Mr. MacLeod sent a Holiday greeting to all citizens.  Mr. MacLeod also pointed out that the Lodges at Naylor Mill have opened for senior citizens with affordable rent.

 

Mrs. Sample-Hughes stated that the Library Board of Trustees has been active in securing an architect for the design of a new library.  She also wished everyone a great holiday.  Mrs. Sample-Hughes asked for an update on the Dog Ordinance Committee. 

 

Mrs. Prettyman thanked Management and staff for putting Wi-Fi at the Westside Community Center.  She also wished everyone a Blessed Holiday.

 

Mr. McCain wished everyone a Merry Christmas and a Happy New Year.

 

President Comments:

President Cannon commented that he attended the Dog Ordinance Committee meetings and he is very impressed with the detail of the committee and the work the committee is doing.  He also expressed his gratitude for the Willards Volunteer Fire Company banquet and the Powellville Fire Department inviting the Council to their events.  President Cannon expressed his holiday greetings to all citizens. 

 

On motion of Mr. McCain and second by Mrs. Bartkovich Council adjourned to go into an open work session. 

 

Legislative Session

December 18, 2007

 

                                                                                                __________________________________

                                                                                                John T. Cannon, President

 

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                                                                                                Stevie Prettyman, Vice President

 

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                                                                                                William R. McCain, At-Large

 

                                                                                                __________________________________

_______________________________                                  Sheree Sample-Hughes, District 1

Matthew E. Creamer                                                                                                                                       

Council Administrator                                                   __________________________________               

                                                                                                Gail M. Bartkovich, District 3

 

                                                                                                __________________________________

                                                                                                David A. MacLeod, District 4

 

                                                                                                __________________________________

                                                                                                Joe Holloway, District 5