The Wicomico County Council met in Legislative Session on January 15, 2008 in Council Chambers, Government Office, 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.

Proclamations:

Mr. MacLeod presented Proclamations to RACES (Radio Civil Emergency Services) Joe Woods, Phil Brittingham, Wayne Ensor, Don Kuckziniski, Tom Nelson, Steve Carr, and JC Taylor for all of their hard work with assisting Emergency Services. Mr. MacLeod explained that the volunteers pay for all of their own equipment.

President Cannon presented a Certificate to Ms. Lizzie Waters for her 101^st Birthday to which Mr. Pollitt also presented Ms. Waters with a certificate from the Governor of Maryland as well. President Cannon acknowledged that Ms. Waters is the grandmother of Sharon Morris, Assistant Director of Administration.

Mr. Richard Pollitt presented Mr. Grover Cantwell with his twenty year pin for his service to Wicomico County as he has recently retired. Mr. Pollitt also presented a ten year pin to JoAn Vollkommer for her service as she is retiring on January 30, 2008 to which Mr. Harris accepted the pin on her behalf.

On motion of Mr. McCain and second by Mrs. Bartkovich the minutes of January 2, 2008 were unanimously approved.

Matthew E. Creamer, Council Administrator:

Legislative Bill 2007-3-Personnel Rules “Collective Bargaining”- Mr. Creamer explained the Charter provisions and County Council options for legislation enacted by the Council, vetoed by the County Executive. He cited Charter Section 411. Executive Veto and stated that “upon veto the County Executive shall provide, in writing, a statement of the reasons for the veto. The veto message shall be entered in the journal of the County Council, and not later than at its next legislative session day, the County Council may reconsider the bill. If, upon reconsideration, at least five members of the County Council vote in the affirmative, the bill shall become law.” President Cannon called for a motion to reconsider Legislative Bill 2007-3 to which Mr. McCain made the motion with a second by Mr. Holloway and unanimously approved.

The veto message is as follows: Message of veto of Legislative Bill 2007-3, known as the collective bargaining bill, by County Executive Richard M. Pollitt, Jr., January 9, 2008: In November of 2004, the citizens of Wicomico County expressed their loss of confidence in the operation of local government and voted to change the Charter of the county to establish separate Executive and Legislative branches… each with its own specific powers and duties. Those changes were reflected in the ballot of November, 2004 and became effective in December, 2006 when the current County Executive and County Council were installed in office. At that time all swore to uphold the authority of the County Charter.

Having been granted specific powers and duties by the Charter, it is improper to impose a restriction or restraint on the exercise of those powers by legislation, absent specific Charter authorization. For example, legislation could not require the County Executive to follow the rulings of an outside arbitrator in the preparation of his annual budget, nor could legislation require the County Council to exercise its fiscal and budgetary powers in favor of a collective bargaining agreement.

Consequently, when deputies of the Wicomico County Sheriff’s Department determined to seek a collective bargaining agreement that included binding arbitration with the county, it became necessary to again amend the Charter. Therefore, a provision was proposed to be added to the Charter, Section 601.1, authorizing the County Council to adopt a labor code which included binding arbitration. That Charter Amendment was subject to a public referendum in November of 2006 and was overwhelmingly adopted by the voters of Wicomico County.

Binding arbitration effectively restricts the County Executive and the County Council’s exercise of their Charter delegated powers. In order to comply with the requirements of the collective bargaining section of the Charter and preserve the structure of government established by the Charter, Legislative Bill 2007-3 was prepared and submitted to the County Council for their consideration.

In drafting the legislation, I instructed County Attorney Ed Baker to follow two basic principles: First, the bill had to implement the will of the citizens as expressed in the referendum and second, it must not threaten or weaken the structure of our new form of government. I take very seriously the expressed concerns of members of the County Council that our bill somehow compromised the checks and balances of our respective offices or imposed undue restrictions on the Council’s role in the budget process. In fact, an early draft of the bill, supported by representatives of the Fraternal Order of Police, would have had me bind the County Council to any arbitration that was imposed on the County Executive. Because I do respect the necessary checks and balances of our government, I would not accept that recommendation, recognizing that such a provision eliminates the powers granted the County Council over fiscal and budgetary matters. The Bill that was actually presented to the Council provided them with authority to enter into their own accelerated process of collective bargaining… still with binding arbitration; in the event they could not accept the agreement imposed upon the Executive. The powers granted the County Council in its review of the budget, namely to delete or reduce budget items, would be preserved, but exercised during the final negotiation and arbitration process. Thus, the legislation, as introduced, respects the separation of powers, preserves the legislative oversight afforded the County Council under the Charter and complies with the will of the voters in enacting a provision for binding arbitration.

As amended and adopted by the County Council, Legislative Bill 2007-3 only restricts the Executive’s power in requiring that he submit any disputes to binding arbitration and does not provide the deputies with a final binding agreement, effectively dismissing the results and the intent of the referendum so strongly supported by our citizens.

Therefore, the legislation, as amended and adopted, does not satisfy the requirements of section 601.1 of the Charter and must be vetoed. To the extent clarification of section 601.1 is necessary to more specifically delineate the respective budgetary responsibilities of the County Executive and County Council; I would support a proposal for a new Charter Amendment to accomplish that goal.

In my opening paragraph, I referred to a general loss of confidence in local government which, in my opinion, resulted in the establishment of this new system. The same voting public that decided the old system was broken and should be replaced also decided our deputy sheriffs should be able to organize and bargain for better pay and working conditions. And that any agreement resulting from the effort should be binding on the County. If I were to allow this bill, as amended, to become law without a challenge, I would be acquiescing to a process that negates the will of the public and denies to the deputies the very law that they fought so hard to obtain and for which they received overwhelming public support. I can’t see any way that such a course on my part would do anything but further erode the public’s confidence in the responsiveness and effectiveness of their county government.

Having said all that, I am acutely aware that this is the first serious difference of opinion between the County Executive and the County Council. It is the first veto from the first County Executive. I do not relish the occasion and I regret that we were not able to find common ground on this matter. However, I want to assure the Council and I want to assure the citizens that I deeply respect Council’s opposing views and I realize the Council’s decision did not come lightly and was reached only after lengthy discussions with the county attorney and among themselves. I believe the County Council sincerely thinks our legislation was flawed and that there are issues involving checks and balances and the budgetary process. I can only say that if our County Attorney had not assured me that our bill was firmly anchored on solid legal grounds, I would not have submitted it in the first place. In vetoing this bill, I extend the traditional olive branch to the County Council, determined that, for my part, our relationship will remain strong and positive. I will look forward to working closely with them on other matters in the future. The strength of our democracy and the benefit of our mutual respect allows us to disagree in an agreeable fashion and move on together to continue our service to our bosses, the citizens of Wicomico County.

Finally, I have a word about the men and women who have caused us to be here today and are the subject of this debate. I believe with all my heart that all of us in Wicomico County… the citizens, the County Council and myself; feel nothing but respect and appreciation for the jobs performed by our Wicomico Sheriff’s deputies. Council President Cannon has echoed my own words that we in government will do all we responsibly can to support our deputies…not because we’re dragged kicking and screaming to the bargaining table but because it’s the right thing to do. I confess to having a bit of a personal interest in all this. My grandfather served three terms as Sheriff of Wicomico County. He lived in an apartment on the third floor of the courthouse, separated from the county jail by a single steel door. As a child, I played countless hours in that apartment and in the area of the jail. I got to be friends with the deputies and they would take me along on some of their patrols. It was a good time.

However, the man who followed my grandfather, Sheriff Sam Graham, walked through that steel door one evening and was shot dead by a prisoner escaping from his cell. None of us who get up every morning with a job or a list of things to do, expecting to be home to be with our family that same evening, can fully appreciate the stress and hazards that the men and women of law enforcement face as a routine. During this exercise, I learned chilling facts about the shortened life expectancy of our deputies, their high rate of divorce, and about the physical and psychological challenges that go with the job. I am so proud of these folks and the fact that my family and I can sleep safely at night because they are on the job. We owe them our respect, our gratitude and our best effort at securing them the working conditions that will best provide for them and their families. I know that each member of the County Council feels this way and I am confident that we will work together in the months ahead to do what is right.

President Cannon asked Mr. Baker to reaffirm to the County Council the legality of the bill as amended. Mr. Baker read the following statement: He first offered an analogy of the opinions by way of an analogy and trying to explain how these laws come about. State laws prohibit speeding on a public highway, when a law enforcement officer stops a speeding vehicle the officer may issue the driver a warning or may issue a ticket carrying a set fine. Both actions are authorized in legal. The decision of the officer is within his own discretion. In Section 601.1 requires a labor code with binding arbitration. How that is implemented is a product of the legislative process. That legislative process resulted in the adoption of Legislative Bill 2007-3 as amended and adopted on December 18, 2007. That bill establishes a labor code as authorized and required by Section 60.1 of the Charter and is a legal legislative enactment. With the adoption of Section 601.1 the Legislative Body was required to adopt a labor code and include within that code a provision for binding arbitration. The Wicomico County Council unanimously adopted that bill which allowed for authorized representation for Sheriff’s deputies and for collective bargaining with binding arbitration between that representative and the County Executive of Wicomico County. In addition the County Council noted that in its role as a County legislative body it by charter has no part in the preparation of the County budget and can not assign priorities in the budget nor increase appropriations in the Executive’s budget. The County Council can only reduce or delete items in the Executive’s budget except those items which are required by law. The County Council’s analysis of the collective bargaining process is that in order to be effective it must involve an exchange in which the Council could add or increase items, change the priority among items and reallocate funds accordingly as well as deleting or subtracting. It is my opinion that the Charter does not grant the Council that authority.

President Cannon made a statement so the public as well as the deputies understand the Council’s position which is a follows: I’m going to try to keep this very simple. Our legal counsel's opinion confirms that if the County Council were held to collective bargaining with binding arbitration as this bill in its original form proposed, would we as a council be in violation of our County Charter if, during this collective bargaining process with the union, we attempted to negotiate by proposing to add, reallocate, as well as subtract items from the Executive’s budget. It is for this reason and this reason alone that this Council felt, and still feels, compelled and bound to amend Bill 2007-03 to authorize collective bargaining with binding arbitration in Wicomico County and to do so within the authority on the Executive Branch alone.

It wouldn’t be fair to this council or future councils to hold ourselves to collective bargaining with binding arbitration knowing we are forbidden by Charter to go into any negotiation process which would require us to add and subtract line items from the budget.

Union representatives for the deputies have stated that Council has been disingenuous but it’s quite the opposite. These gentlemen have known all along where we stand. It actually takes integrity for the seven members of this Council to take this position.

Actually, it would be disingenuous for us to ignore the will of all the voters of Wicomico County and lead them to believe this bill would not compromise the integrity of the checks and balances system they chose to establish when they voted for the Executive/Legislative form of government we now have today. The same form of government that allows our Executive Branch the veto power.

Yet we understand how the union feels. They say that our position on this bill compromises the collective bargaining process… but we didn’t write this bill. We didn’t write this bill, nor were we the ones who drafted the referendum, nor the amendment to the Charter.

And I say here today, this bill as we've amended it and as we enacted it, may not be the perfect bill and it may not fit as neatly as everyone would like - within the structure and framework of our new form of government. Yet, it is what we have before us and what we have to work with for the benefit of all citizens of Wicomico County.

All this aside, this bill as we pass it today in its current form, will allow for collective bargaining with binding arbitration within Wicomico County – and that’s a good thing.

I think, as a seven member Council, we’ve dealt with it and we’ve done so in a way we consider to be fair to all parties involved and to all citizens in Wicomico County – those who voted for our new Charter and Executive/Legislative form of government and those who voted for collective bargaining in Wicomico County. It’s the best solution within the parameters of our existing laws and the form of government by which we’re bound today.

Now, one point in particular - and the most important of all. This issue is not and never has been about the Council versus the Deputies or the Deputies’ benefits or pensions. I consider Sheriff Lewis a good friend. I consider Chief Baker, Captain Elliott and Lieutenant Wilson good friends as well as many of the other deputies very active in this process. And this Council has been nothing but supportive of the Sheriff and every one of the deputies in this entire county.

This issue has been about one thing and one thing only: The Charter and Procedure - the Council’s role as bound by Charter within this county’s new form of government.

Collective bargaining will be successful in Wicomico County. It will be successful for the deputies and their representatives through the Executive Branch and the Legislative Branch working together while adhering to their respective responsibilities as dictated by the County Charter.

The union representatives will have the right to collective bargaining when the Executive prepares the budget and the Council will still maintain the integrity of the checks and balances system established under our new form of government. Similar processes are already established and working successfully in Anne Arundel County, Baltimore County, Harford County and Howard County - Counties with Executive/Legislative forms of government working hand-in-hand with their deputies’ representatives.

This is fair to the citizens of Wicomico County. It’s fair to the Sheriff’s deputies in Wicomico County.

I’ve said it before; we have full faith in our new form of government and we have full confidence and support for the Sheriff and deputies who represent and protect Wicomico County and we’ll do all we can, as a Council, all we can within our power to demonstrate our support.

President Cannon called for a vote on Legislative Bill 2007-3 as originally adopted. Mrs. Prettyman called for a role call vote to which Mr. MacLeod stated he hopes that law enforcement officers do not take away from these proceedings the thought that the Council is anti-law enforcement because he believes that the Council works for the common good and the deputies will be well taken care of and his vote is yes, Mrs. Prettyman voted yes, Mr. McCain stated that President Cannon’s comments very well summarized the issue and very clearly stated the Council’s position and his vote was yes, Mrs. Bartkovich voted yes and she stated that President Cannon’s comments expressed her opinions too about this bill and asked the deputies to remember that when the issue of pay parity arose she researched the minutes and the pay parity did continue with the documentation she presented and supports the deputies, Mrs. Sample-Hughes stated she concurs with President Cannon’s comments and public safety is of the utmost importance to her and she believes that the deputies are working for the betterment of the community and she supports them and feels they are of the utmost importance with her vote being yes, Mr. Holloway voted yes, and President Cannon voted yes. The vote was unanimous in support of Legislative Bill 2007-3 as originally adopted.

Presentation of County Audit by Kathleen Robbins, Mike Kleger and Chris Parker of Pigg, Krahl and Stern and Patricia Petersen and John Ellis, Finance Department. The County’s independent auditors presented the County audit for fiscal year 2007 and presented a clean and qualified opinion. Mrs. Prettyman stated that in the report it notes that certain materials that were reported to management of the County in a certain letter. Mrs. Robbins explained that the formal letter had not been issued as of yet but this has been discussed with Mrs. Petersen and Mr. Pollitt and the letter should be available at the next Council meeting. The independent auditors gave a highlight of the County’s audit with discussion following.

Resolution 01-2008-A resolution extending the date for the adoption of the Capital Improvement Program from February 15^th to March 18^th, 2008- On motion of Mr. MacLeod and second by Mrs. Prettyman Resolution 01-2008 was unanimously approved. The date set for the public hearing will be February 19, 2008 in Council Chambers at 6:00 p.m. beginning with the Capital Improvement Program Hearing being the first item on the agenda.

Resolution 156-2007-Resolution declaring that Plaza Gateway Salisbury, LLC. located at 116&118 West Main Street, Salisbury, MD, is eligible to receive enterprise zone benefits. Mr. Holloway asked if the names of the LLC members were available to which Mr. Creamer advised the names of the LLC are Wayne R. Cox, George Guerra and George Butz. On motion of Mrs. Sample Hughes and second by Mr. MacLeod Resolution 156-2007 was unanimously approved.

Resolution 04-2008-Resolution approving certain transfers between major categories of the Wicomico County Board of Education Operating Budget for Fiscal Year 2007-2008; transferring a total of $3,857.00 as shown on the attached Exhibit A. Mr. Bruce Ford and Mrs. Bonnie Walston came before Council for a transfer of $3,000 for Pinehurst Elementary School to acquire technology which will benefit the students. Mrs. Bartkovich asked Mrs. Walston about the transfer which stated it was funding for additional one on one assistants needed due to increased number of students with disabilities brought back into the school system. Mrs. Walston explained there are some students in the school system that are unable to be educated in the regular school environment. A team makes a decision to place them in a non public placement. Last year seven students were returned home. In order to bring those students back to a school extra adult support is needed. Mrs. Walston explained since July 1^st forty seven students came to Wicomico County schools with an IEP (Individualized Educational Program Plan) which is a binding contract between the family and the school system. Twenty one of these need additional support. Wicomico County has to honor that contract. This transfer is needed for additional assistants. If the student comes to Wicomico County by December 31^st then the Board of Education will bill the County in which the student came from. Mr. McCain asked if the child is in the school system until December 31^st can the County be billed to which Mrs. Walston stated yes. Mr. Ford explained that the County bills for their cost per pupil of the general education of the local share. In an effort to increase communication with parents and guardians a system was purchased to call the phone number or send an email depending on communication choice by parent and this is an automated system.

Mrs. Bartkovich explained that the Board of Education is holding a public hearing on their consolidated expense budget for 2008-2009 at the main office at 5:30 p.m. today.

Mr. Creamer advised the Council that per Council request a current copy of the Economic Development Plan was received and will be on file in the County Council office for Council review.

Edgar A. Baker, Jr., County Attorney:

Public Hearing:

Notice was given in Compliance with Chapter 22 of the Wicomico County Code and Article 25A, Section 5 of the Annotated Code of Maryland that the County Council of Wicomico County, Maryland, will hear public comment on the following proposed Resolution at their regular meeting in the County Council office, Government Office Building in Salisbury, Maryland on 1-15-08. The County Council proposes to grant an easement to Verizon Maryland, Inc. for no consideration over the following described parcel of land: All that lot, tract or parcel of land lying and being in the Nutters Election District, State of Maryland, and being a strip of land 10 feet wide by approximately 2465 feet long located along Fooks Road.

There were no public comments.

Resolution 02-2008-Resolution to authorize the County to grant an easement to Verizon, Maryland, Inc. over property located in the Nutters Election District, and being a strip of land 10 feet wide by approximately 2465 feet long located along Fooks Road as relocated. On motion of Mr. Holloway and second by Mrs. Bartkovich Resolution 02-2008 was unanimously approved.

The public hearing for Resolution 03-2008 was not published in The Daily Times which is required by Charter and the Resolution will be held until a later date. On motion of Mr. MacLeod and second by Mrs. Prettyman Resolution 03-2008 was unanimously postponed.

Public Comments:

Sgt. Anthony Dickerson, officer at Wicomico County Department of Corrections, came before Council with statistics of correctional officers. Sgt. Dickerson explained the turn over rates at Corrections. He then asked the employees of the Department of Corrections which were present to stand and he then requested that the salaries of the officers starting salary be raised from $28,000 to $36,000.

Augustine DiGiovanna came before Council and expressed his concerns regarding growth in the agricultural area and thanked the Council for their work on TDR’s and the water and sewer plan. Mr. DiGiovanna urged the Council to change the Code regarding development. He urged the Council to look into the cluster developments which were approved by the Planning Commission. Mr. DiGiovanna also urged the Council to adopt the Rural Areas Committee recommendations. Mr. DiGiovanna submitted documents for Council review.

Council Comments:

Mrs. Prettyman thanked Joe Gidjunis for his article in the paper regarding the Homestead Tax Credit which now requires homeowners to apply for the credit. Mrs. Prettyman asked for a work session with Mr. Carey, from Assessments and Taxation, to explain the process to Council. Mrs. Prettyman proceeded to produce three six packs of beer and placed them on the Council table and she explained that this was bought at the local dispensaries in Wicomico County. She then explained that legislation was put into effect in 2004 to allow dispensaries to sell beer and that there was a verbal agreement with the liquor dispensary that they would not sell beer. After being informed they were selling beer in 2004. Mr. Shea wrote a letter on behalf of the County Council asking the dispensary to cease sales of beer to which the dispensary wrote in agreement that they would no longer sell beer. Mrs. Prettyman asked that Council write a letter to the Liquor Control Board or have the Board come in and speak with the Council. Mrs. Bartkovich stated she received a complaint from a citizen regarding this issue and she and the citizen met with the Board and she has now turned this over to Mr. Pollitt’s office. County Executive Pollitt stated that he has started the discussion in his office about looking at the future of the dispensary system in general as far as a unit of Wicomico County services and will follow up with the public and the Council. President Cannon stated that a work session is planned for February. Mrs. Prettyman asked if a letter could be sent asking them to voluntarily quit selling beer. Mrs. Prettyman explained that due to legislation they have legal rights to sell beer but she feels that if they will sell things that convenience stores sell they need to abide by the same rules. President Cannon suggested crafting a letter and reviewing it with Mr. Baker and Mr. Pollitt. Mrs. Bartkovich stated there are also concerns with the wines being sold.

Mr. Holloway expressed concern that pens had been given to certain individuals and elected officials and that he thought the practice to be unnecessary. He also proposed that the Council discuss the piggyback tax. Mr. Holloway is very concerned with the economy and the citizens of Wicomico County.

Mr. MacLeod informed Council and citizens that the homeless are offered to stay in a Church during this time of year and the Churches are each taking turns in making their Church available for the homeless.

Mrs. Sample-Hughes explained that the Church that is now hosting the homeless is Wesley Temple United Methodist Church with the back up church being Asbury United Methodist Church. She said that if anyone is willing to volunteer or make a donation please contact Wesley Temple. Mrs. Sample-Hughes informed the public that she will be holding her quarterly meeting on Thursday, January 24, 2008 at 7:00 at the Richard Hazel Youth Center on Jersey Road, Salisbury. She also informed the public that the last day to register to vote is January 22, 2008 and encourages people to please register. She stated that this week the NAACP and the Delta Sigma Omega are going out into the public to encourage citizens to register to vote.

Mr. McCain stated that Trinity United Methodist Church is also participating and assisting the homeless as well. Mr. McCain explained that volunteers are needed at these Churches. He would like to have a work session in the near future regarding the Comprehensive Plan as he attended the last Planning Commission meeting and is very concerned about growth and is offering to possibly stop all applications coming into Planning and Zoning until the Council makes a decision regarding the A-1 district.

Mrs. Bartkovich informed Council that she has been invited to sit on the Superintendent’s Facilities Task Force on long range planning and she asked Council if they had any items they wanted her to discuss she would do that at the meeting.

President Comments:

President Cannon wished his son a Happy 21^st Birthday.

On motion of Mrs. Bartkovich and second by Mr. McCain the meeting was unanimously adjourned to enter into an open and then a closed work session.

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Legislative Minutes John T. Cannon, President

January 15, 2008 _______________________________ Stevie Prettyman, Vice President

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William R. McCain, At-Large

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Sheree Sample-Hughes, District 1

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Gail M. Bartkovich, District 3

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David A. MacLeod, District 4

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Joe Holloway, District 5

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Matthew E. Creamer

Council Administrator