The Wicomico County Council met in a Legislative Session, February 6, 2007 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. The Lord’s Prayer and Pledge of Allegiance were recited. President Cannon called the meeting to order. 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: Theodore E. Shea, II, Acting Council Administrator, Doris Schonbrunner, and Edgar A. Baker, Jr., County Attorney.

Approval of Minutes

On motion of Mrs. Prettyman, second by Mr. Holloway and unanimously approved, the Minutes of the meeting held January 16, 2007 were adopted as amended.

Councilwoman Sheree Sample-Hughes presented a Proclamation to Mr. Edward Taylor, Former Council Member, in honor of Black History Month.

President Cannon announced that Doris Schonbrunner has agreed to accept the position of Council Administrator and, with that appointment, it would be appropriate to relieve Mr. Theodore E. Shea, II from his duties as Acting Council Administrator. Mr. McCain offered a motion, which was seconded by Mr. MacLeod. Mrs. Prettyman called attention to Section 306 of the Charter regarding Council members acting as a body and in keeping with this; she stated that it is her understanding that President Cannon received additional information regarding this issue which has not been shared with all Council members, who should have the benefit of this information before voting. Mr. Holloway then asked that due to this being a personnel issue that the Council has a closed work session before making a decision. Mr. Holloway made a motion that Council vote to hold a closed work session on this matter. Mr. Shea advised that Mr. Holloway’s motion was a second motion; the first had not been carried. Mrs. Prettyman seconded the motion to table the matter. On call for the vote, the motion failed on a vote of four to three. Mrs. Prettyman reiterated her concern to share all information, to which President Cannon responded that the information had been shared. She then asked if Councilman McCain would amend his motion to include the closed work session. Mr. McCain stated that he did not wish to amend his motion. President Cannon asked for Council concurrence to relieve Mr. Shea of his duties as Acting Council Administrator. Mrs. Prettyman, Mrs. Bartkovich and Councilman Holloway opposed. The motion was duly carried.

Mr. Shea stated that he would continue with the meeting because he prepared the information.

Theodore E. Shea, II, Acting Council Administrator

Mr. Shea presented the following items of business:

Notice of Public Hearing scheduled for February 20, 2007 at 10:30 a.m. in Room 301 of the Government Office Building for the relocation of the Wicomico Partnership for Families and Children offices.

Board of Education-“Exclusive Pouring Rights”- Mr. Bruce Ford, Mr. Charlie Bounds, and Mr. Brian Foret joined the Council. Pepsi gives the Board of Education $26,500 yearly for having only Pepsi vending machines in the schools. The Board of Education decided to put the money into the County stadium which benefits all of the schools. On motion of Mrs. Prettyman, second by Mr. MacLeod and unanimously approved.

Resolution 16-2007- Appropriation of funds to the Circuit Court Capital Account from unanticipated revenues received from the State Judiciary for Clerk’s Office Lease space for Fiscal Year 07 in the amount of $4,782. Mr. Ted Shea explained to the Council that the money that is received from the State is required to be used in the Circuit Court. Mrs. Wendy Riley, Court Administrator came before the Council to explain that legislation was enacted in 2002 for an appropriation of $250,000 to the Judiciary to pay for space occupied in all of the county facilities in Maryland by Clerks of the Court for a rate not to exceed $2.50 per square foot. This money would be placed in the Circuit Court’s budget and would be used for upgrades in the Clerk of Court’s office. On motion of Mrs. Bartkovich and second by Mrs. Prettyman Resolution 16-2007 was unanimously approved.

Resolution 17-2007-State’s Attorney-Funding for Approved Position- Mr. Shea explained that during budget session in 2006 the State’s Attorney’s office had requested a position of Office Associate. The grade was noted at that time but the salary was not determined and was to be determined at a later date when the State’s Attorney had filled the position. Mr. Thompson, Human Resources Director, asked Mr. Shea to approve a salary of $27,718 and Mr. Shea recommends this amount. This amount would have to be transferred from Contingency. On motion of Mr. MacLeod, second by Mr. McCain Resolution 17-2007 was unanimously approved.

Resolution 15-2007- Habitat Humanity had previously paid the Impact Fee for one of their projects and since that time the County Council has adopted a policy on Impact Fees and Habitat Humanity is requesting a refund for the fee that was paid. Habitat Humanity meets the criteria for the exemption. Funds will be transferred from Contingency to Planning and Zoning Departmental Expense in the amount of $5,231. On motion of Mr. McCain and second by Mrs. Sample-Hughes Resolution 15-2007 was unanimously approved.

Resolution 9-2007- Appointment of Marvin R. Long to the School Building Commission-On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 9-2007 was unanimously approved.

Resolution 10-2007-Appointment of William E. Wyatt, III to the Wicomico County Airport Commission- On motion of Mrs. Sample-Hughes and second by Mr. McCain Resolution 10-2007 was unanimously approved.

Resolution 11-2007-Appointment of Nola Arnold to the Wicomico County Personnel Board-On motion of Mrs. Bartkovich and second by Mr. McCain Resolution 11-2007 was unanimously approved.

Resolution 12-2007-Indigent Burial- Transfer from contingency in the amount of $400 to Jolley Memorial Chapel-On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 12-2007 was unanimously approved.

Resolution 14-2007-Memorandum of Understanding between Wicomico County and the City of Salisbury for the collection of fees by the City of Salisbury in one of their special tax districts. Wicomico County bills and collects the taxes for the City of Salisbury. The City of Salisbury has established a TIF District for the purpose of finishing the Northeast Collector which Wicomico County is not a part of. This would need to be added to the tax bill that the Wicomico County sends out for the City of Salisbury as part of the services that the County provides to the City of Salisbury. This Memorandum of Understanding would establish the condition under which the County and the City of Salisbury would have the collections made. The Wicomico County will be reimbursed for their services. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 14-2007 was unanimously approved.

Edgar A. Baker, Jr., County Attorney-

Legislative Bill Number 2007-01: Introduction of Legislation to establish an Arts and Entertainment District- Mr. Dave Ryan, Director, Salisbury Wicomico Economic Development; and Mr. Mike Wigley, a member of the Steering Committee. Mr. Ryan explained that the purpose of an Arts and Entertainment District is to stimulate activity within that footprint of the geographic area. This area includes the East Prong over to the Marina and back down to Route 50 and out to Route 13. There are three credits: real property tax credits based on approved assessed value of renovations to a manufacturing, industrial or commercial building within the designated district. This applies to only existing facilities. The second credit would be an exemption for Arts and Entertainment Enterprise from admissions and amusement tax. The third is an income subtraction, modification agreement which is where the State would request that the County acknowledge that modification agreement. A qualifying artist may deduct income derived from the sale of artistic works within that district from their State Income Tax. Mr. Wigley stated that he feels that a key component to a healthy and active downtown area is the cultural part of the area. Mr. MacLeod asked if the counties that have established this district if this has increased the number of art programs. Mrs. Connie Strott joined the Council and explained that she has spoken with representatives in Cumberland, Maryland and stated that within the past four years they have seen a developmental impact as well as additional artists. Mrs. Bartkovich asked if the City of Salisbury would also give a tax credit to which Mr. Ryan responded the City of Salisbury will also give a credit for six years. The date for the Public Hearing was set for March 6, 2007 at 10:30 a.m. Legislative Bill is needed for a change in property tax but a Resolution 13-2007 is needed for establishing an exemption from admissions and amusement tax for gross receipts from any admissions or amusement charge levied by an arts and entertainment enterprise or a qualifying residing artist in an arts and entertainment district. On motion of Mr. McCain and second by Mr. MacLeod Resolution 13-2007 was unanimously approved. Mrs. Bartkovich motioned to introduce Legislative Bill Number 2007-01 with a second by Mrs. Sample-Hughes and unanimously approved.

Public Comments:

Russell Cooper welcomed the Five New Council Members and asked the Council to pursue every avenue to get all of the information that is needed to make wise decisions.

Council Comments:

Mrs. Stevie Prettyman thanked Mr. Russell Cooper for his comments. She then asked Council Members for a show of hands of how many of them were aware of the charge of breach of confidentiality made by President Cannon last week. Mr. Cannon then stated that the Council Members needed clarification to which Mrs. Prettyman asked that Mr. Cannon clarify. Mr. Cannon then stated that it was her time for her comments. Mrs. Prettyman stated that this issue was raised by President Cannon and that the issue was placed on the agenda for a closed work session but was removed. She stated that she received a phone call on Saturday from President Cannon and accused her of a breach of confidentiality. She stated that she does not take her responsibility or her duty lightly. She stated that she had never been accused of a breach of confidentiality in all of her years of duty. She stated that she resents this unwarranted and mean spirited attack on her character and reputation because she serves with integrity. She stated that this attack was made without cause. She would like to resolve this issue and stated that if there are any questions, doubts or concerns she is willing to answer those questions. Mrs. Prettyman then turned the floor over to the Council Members with her thanks for allowing her to defend her honor.

Council President Comments:

Mr. John Cannon stated that over the last few weeks there have been some issues that had to be resolved and Mr. Cannon stated that he had done so in the most professional manner that he had found with no attempt at character assassination. He stated that he was trying to get through decision making that had to be done and in the most confidential manner that he felt with airing personnel issues in the public that would have been a breach of confidentiality on behalf of the Council. Mr. Cannon stated that he has taken every step possible to make sure that this was done in a professional fashion.

On motion of Mr. McCain and second by Mrs. Sample-Hughes Council unanimously agreed to adjourn the meeting.

Council went back into Legislative Session to announce the date of adoption for the Capital Improvement Project. On motion of Mrs. Prettyman and second by Mrs. Bartkovich the date of March 6, 2007 was unanimously approved.

Legislative Session

February 6, 2007

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John Cannon, President/At Large

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Stevie Prettyman, Vice President, District 2

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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 MacLeod, District 4

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Joe Holloway, District 5