The Wicomico County Council met in Legislative Session on Tuesday, January 18, 2011 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. President Gail M. Bartkovich called the meeting to .

Present: Gail M. Bartkovich, President; Joe Holloway, Vice President; Matt Holloway, Sheree Sample-Hughes, Stevie Prettyman and Robert M. Caldwell. Bob Culver was absent.

In attendance: Matthew E. Creamer, Council Administrator; Edgar A. Baker, Jr., County Attorney; Maureen Lanigan Assistant County Attorney and Melissa Holland, Recording Secretary.

On motion of Mr. Caldwell and second by Mrs. Prettyman the minutes of January 4, 2011 were unanimously approved.

Matthew E. Creamer, Council Administrator: Mr. Creamer explained that Mr. Culver was absent as the flight that he was scheduled to take had been canceled and he would not be able to arrive in time for the meeting.

Mr. Creamer also explained that a Resolution for the East Side Men’s Club was on the table to consider the issue of granting a waiver for 2009 and 2010. Previously a Resolution was passed that was amended to waive 2011 and forward and not retroactive. There was no one from the East Side Men’s Club in attendance at the previous meeting as representatives stated were unaware a Resolution was on the Council agenda. An opportunity is now before the Council to waiver the real property taxes for 2009 and 2010.

Resolution 08-2011-Granting East Side Men’s Club a Tax Exemption for Real Property taxes for Fiscal Years 2009 and 2010-Frank Ennis, President of the Fraternal Order of Eagles, Mike Stein, Treasurer for East Side Men’s Club and Richard Wood, Vice President of East Side Men’s Club came before Council. Mr. Ennis passed out a binder presentation for the Council. He also submitted a revised spreadsheet of all donations for the Fraternal Order of Eagles. He also presented various certificates and recognition which has been presented to the Fraternal Order of the Eagles by various . Mr. Ennis gave a comprehensive description of all the events and the help in which they give to the citizens of Wicomico County. They provide many events and donations to people in need and help a lot of children stay off the street by donating to clubs to keep them active. Mrs. Sample-Hughes expressed her appreciation for all that the Fraternal Order of Eagles does for the community however she wanted to explain to them that while she does appreciate their work she will not be able to support the waiver for 2009 and 2010. Mr. Ennis explained how the back taxes accrued and why the taxes were not paid. He explained that East Side Men’s Club could not keep the property due to no income coming in. The property was transferred to the Fraternal Order of Eagles however a few members of East Side Men’s Club wanted to resurrect East Side Men’s Club and filed a quick claim deed against the Fraternal Order of Eagles. No notification was given to the Fraternal Order of Eagles however the deed was transferred back to the East Side Men’s Club. The Fraternal Order of Eagles was not aware for two years the property was not in their name and they paid all of the bills for the building and the property. The Fraternal Order of Eagles did not realize the property was delinquent until it was in the newspaper for tax sale. A unanimous vote was taken for the property to be transferred back to the Fraternal Order of Eagles. They have been working with the Court system as well and complying with all orders given. They were told however by the City of Salisbury and the County that they can’t get a deed in their name until the taxes were paid. The City of Salisbury granted their tax waiver. Mrs. Prettyman thanked them for all of their hard work and dedication to the community. Mrs. Prettyman made a motion to accept Resolution 08-2011 with a second by Mr. Caldwell. Resolution 08-2011 was duly approved with Sample-Hughes and Matt Holloway voting in opposition.

Mr. Creamer explained that the Resolutions for Council appointments have been grouped together and will be approved in a block for each person. One motion will be given with a second which will approve all Resolutions for each member instead of doing motions and seconds for each Resolution.

Resolution 09-2011-Confirming the appointment of Gail M. Bartkovich to the Core Service Agency Mental Health Advisory Committee-

Resolution 10-2011-Confirming the appointment of Gail M. Bartkovich to the Wicomico County Planning and Zoning Commission-

Resolution 11-2011-Confirming the appointment of Gail M. Bartkovich to the Wicomico County School Building Commission-

On motion of Mrs. Prettyman and second by Mr. Caldwell Resolution 09-2011, 10-2011 and 11-2011 were unanimously approved.

Resolution 12-2011-Confirming the appointment of Robert M. Caldwell to the Board of Library Trustees-

Resolution 13-2011-Confirming the appointment of Robert M. Caldwell to the Salisbury Area Chamber of Commerce-

Resolution 14-2011-Confirming the appointment of Robert M. Caldwell to the Commission on Aging-

On motion of Mr. Matt Holloway and second by Mrs. Prettyman Resolution 12-2011, 13-2011 and 14-2011 were unanimously approved.

Resolution 15-2011-Confirming the appointment of Bob Culver as a Designated Director of PAC 14, Inc-

Resolution 16-2011-Confirming the appointment of Bob Culver to the Wicomico County Recreation and Parks Commission-

Resolution 17-2011-Confirming the appointment of Bob Culver to the Salisbury-Wicomico Economic Development “SWED” Revolving Loan Committee-

On motion of Mr. Caldwell and second by Mrs. Sample-Hughes Resolutions 15-2011, 16-2011 and 17-2011 were unanimously approved.

Resolution 18-2011-Confirming the appointment of Matt Holloway to the Natural Resources Conservation Advisory Committee-

Resolution 19-2011-Confirming the appointment of Matt Holloway to the Salisbury-Wicomico Economic Development “SWED” Revolving Loan Committee-

On motion of Mrs. Sample-Hughes and second by Mr. Caldwell Resolutions 18-2011 and 19-2011 were unanimously approved.

Resolution 20-2011-Confirming the appointment of Joe Holloway to the Wicomico County School Building Commission-

Resolution 21-2011-Confirming the appointment of Joe Holloway to the Shore Up! Inc.-

On motion of Mr. Caldwell and second by Mrs. Prettyman Resolutions 20-2011 and 21-2011 were unanimously approved.

Resolution 22-2011-Confirming the re-appointment of Sheree Sample- Hughes to the Wicomico County Social Services Advisory Board-

Resolution 23-2011-Confirming the appointment of Sheree Sample- Hughes to the Salisbury-Wicomico Economic Development “SWED” Board of Directors-

On motion of Mr. Joe Holloway and second by Mr. Caldwell Resolutions 22-2011 and 23-2011 were unanimously approved.

Resolution 24-2011-Confirming the appointment of Stevie Prettyman to the Salisbury/Wicomico Metropolitan Planning -On motion of Mr. Joe Holloway and second by Mr. Caldwell Resolution 24-2011 was unanimously approved.

Discussion of a policy regarding public testimony and materials at public hearings- Mr. Creamer explained there was a request for an upcoming public hearing for an interested party to present a DVD at the public hearing. Council members agreed that any materials that the public would like to present to the Council must be given to the Council office by the Wednesday before the meeting to allow the materials to be placed in the Council’s brief book with enough copies for all Council members and an office copy and that public hearings will be devoted to oral testimony only. Mr. Joe Holloway does not feel this will limit the amount of information given to the Council or the public. Mrs. Sample-Hughes said she is interested in reviewing the DVD’s and any other media the public would like to present but would like it to be placed in the Council brief book in order to allow time to review. A resolution will be prepared for the next Council meeting on February 1, 2011.

Elected School Board Discussion: This could be placed on the ballot in 2012 and the Legislators could enact in Legislative Session in 2013. Mr. Baker said the Delegation will need to be asked if they want a straw ballot for an elected school board or a modified school board. This needs to be structured now before it is placed on the ballot. The elected school board could then be in place in 2014. Mrs. Sample-Hughes would like to have a firm understanding of what the format would be. Mr. Caldwell is in favor of electing all seven. Mr. Matt Holloway would like the process to mirror elections for the Council. Mr. Joe Holloway would also like to see all seven elected. President Bartkovich would like five members elected and two appointed. Mr. Joe Holloway and Mr. Caldwell would like it to be a non partisan board. The Council would also like this done by Councilmanic districts. Mrs. Sample-Hughes would like all of the information to make a decision about this. She would like to hear the public’s opinion on this as well. They began to discuss qualifications such as how long someone has lived in the County and criminal background checks and what the other counties have for qualifications. Mr. Joe Hollowayfeels the voters can decide the qualifications as does Mr. Matt Holloway. President Bartkovich also said a Disclosure statement is also given to candidates. Mr. Baker will prepare a Resolution to make the board non partisan and elected by Councilmanic districts with five districts and two at-large. Mrs. Prettyman asked if there was no interest in one district what would occur to which Mr. Joe Holloway said he feels a clause should be placed in the Resolution that possibly the Governor appoint, the Central Committees appoint or the County Executive and the Council make a decision. Mr. Joe Holloway would also like to see possibly a staggered term.

Edgar A. Baker, Jr., County Attorney: Introduction of Legislative Bill 2011-02-An act to amend 197, titled “Streets and Addressing Systems” sections 197-36, titled “School Zones” and 197-37, titled “Speed Monitoring Systems,” to permit the establishment of school zones and authorize the use of speed monitoring systems in accordance with State Law.

Mrs. Sample-Hughes made a motion to introduce Legislative Bill 2011-02 with a second by Mr. Matt Holloway. Mrs. Prettyman is concerned about introducing this Resolution as she does not feel the Council has the full information needed. Mr. Joe Holloway said he can not support this at this time. He has done research and is concerned about some issues which the citizens have. He said citizens are concerned that this is just a revenue source. Mr. Caldwell said he does not feel the Council has enough verified information to make this decision. Mrs. Sample- Hughes is in support of moving the legislation forward as she would like to see the revenue come to Wicomico County. She feels this legislation was introduced in the State to keep the students safe. She feels the information presented previously is sufficient. Mr. Matt Holloway is concerned that the Council has not seen an actual contract for Wicomico County and feels that more clarification is needed. President Bartkovich is concerned about the deputies will have to move the vehicles with cameras in and this could be costly to Wicomico County. She can’t support introducing this at this time as she feels more information is needed. A roll call vote was taken to introduce 2001-02: Mr. Matt Holloway-nay; Mrs. Prettyman-nay; Mr. Joe Holloway-nay; Mrs. Sample-Hughes-aye; Mr. Caldwell-nay; and President Bartkovich-nay. The Council will hold a work session in the future and Mrs. Prettyman asked if anyone has any questions to please email the Council office. Mrs. Prettyman would also like to know how many accidents have occurred near the school and how many accidents involved students being hit. She also would like to know if the County has talked to municipalities or the State to see if the cameras can be placed in these areas. Mr. Matt Holloway would like to see a contract for WicomicoCounty. Mr. Joe Holloway would like to see prices from other companies. Mrs. Sample-Hughes asked if Wicomico County would have a contract to review to which Mr. Baker said it is no point in sending out a RFP or drawing up a contract if the law was not in effect. Mrs. Prettyman would like the negotiations to happen first before they approve the legislation.

Public Comments: Laura Mitchell asked how the public would have access to the DVD’s which the Council receives so the public can review the DVD as well. She would like to see the Council ask the State for a straw poll with three options on the ballot including the fully appointed school board, the elected school board or the hybrid school board and let the citizens decide. Ms. Mitchell asked if the speed cameras would be used at any time or just when school was in session and if any time then she feels this is just a revenue measure. She also asked why twelve miles per hour is the speed suggested for the speed cameras.

Matt Trenka said he feels the Council did the right thing by postponing the introduction of the speed camera bill. He would like to know what the enforcement is for the speed camera ticket.

Mary Ashanti, President of NAACP, clarified that the NAACP is not a special interest group and they support everyone and whatever the NAACP does it will affect everyone. She also said she would like to see the three options placed on the ballot as well. She is hoping that a public hearing will be held on this topic. She asked the Council not to rush and send something to the General Assembly but allow the three options.

Joe Collins is in support of an elected school board and feels the decision should be unanimous among Council members. He presented a coin to the Council which had a picture of Susan B. Anthony on it and said that everyone should think about what Susan B. Anthony would want for the children.

Kay Gibson thanked the Council for the discussion of the school board. She has faith in the voters of Wicomico County that they will discuss and decide what the voters want and feels the voters should be able to make the decision.

Council Comments: Mr. Matt Holloway explained to Mr. Trenka the MVA will flag the registration of the vehicle for enforcement. He also explained why he voted against the East Side Men’s Club Resolution as he does not feel the Council should set a precedent. He appreciates all that the organizations do but feels that a citizen would have to pay and the club should have to pay as well.

Mr. Caldwell said the Council attended MACo and he was impressed with the Department Heads and officials of Wicomico County who gave presentations. He also commended Mr. Baker on his presentation at MACo and thanked him for his well researched presentation. He felt that Wicomico County was well represented.

Mrs. Sample-Hughes said she is in favor of the speed camera legislation and said that one school in particular concerned her which was Mardela Springs. She realized that speeding is a huge issue in the Mardela community. She also explained that the twelve miles per hour was decided by the State. She hopes it will come back to the table. She said she attended the swearing in of the Delegation in Annapolis and was glad to be a part of that day and is looking forward to working with the State during the fiscal crisis.

Mr. Joe Holloway said only Maryland drivers will be flagged at the MVA and other states will not be flagged. He said he attended MACo and it was a very informative session. Mr. Joe Holloway also said that he learned that during the budget cycle Mr. Pollitt may suggest taxing districts for roads or fire departments. He said nothing has been set in stone however he would like to see if the Council would support sending a letter to the Executive’s office stating the Council would not support additional taxes to the citizens of Wicomico County. President Bartkovich stated this is not on the Council agenda to which Mr. Baker said in August 2010 the Council decided not to consider motions during Council Comments. Mr. Caldwell would like to know before the budget is presented if the County Executive is going to suggest taxing districts. This will be placed on the agenda in the near future. Mrs. Sample-Hughes asked if Mr. Holloway and President Bartkovich will discuss this when they meet with the CountyExecutive which they said no meetings have been held.

Mrs. Prettyman reminded the citizens that the meetings are open to the public and on PAC 14 and they are online for video streaming. President Bartkovich also said the brief books are posted online.

Council President Comments: President Bartkovich reminded the public that the Planning Commission will be holding public information meetings about the Comprehensive Plan which is in draft form. The sessions begin next week on Monday, Tuesday and Wednesday. If anyone would like to comment and can’t attend the meetings she asked the public to email the Planning Commission. MACo will also be posting their entire PowerPoint’s which were shown at the conference on their website. She also said Mr. Joe Holloway, Mr. Creamer and herself will be traveling to Annapolis for MACo legislative meetings each Wednesday. She has been appointed to the Tax Subcommittee and is looking forward to serving on the Committee.

On motion of Mr. Joe Holloway and second by Mrs. Prettyman the meeting was unanimously adjourned to enter into open work sessions.

Legislative Session January 18, 2011

______Gail M. Bartkovich, President

______Joe Holloway, Vice President

______Matt Holloway, At-Large

______ABSENT______Bob Culver, At-Large

______Sheree Sample-Hughes, District 1

______Stevie Prettyman, District 2

______Robert M. Caldwell, District 4

______Matthew E. Creamer, Council Administrator