The Wicomico County Council met in Legislative Session on March 4, 2008, in Council Chambers, Government Office Building, Salisbury, Maryland 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; and Melissa Holland, Recording Secretary.

President Cannon presented a proclamation to Mr. Buddy Brooks of the Salisbury Jaycees for Child Safety Day.

On motion of Mrs. Bartkovich and second by Mr. MacLeod the minutes of February 19, 2008 were unanimously approved as amended.

Matthew E. Creamer, Council Administrator:

Resolution 24-2008-Resolution to make an appropriation of funds to the Board of Education’s FY2008 General Fund Operating Budget, Capital Outlay from unanticipated revenues received in the amount of Twenty-Six Thousand Five Hundred Dollars ($26,500.00). Mr. Bruce Ford and Mr. Allen Brown came before the Council. Mr. Ford explained that the Board of Education has one year left on this contract with Pepsi. On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 24-2008 was unanimously approved.

Resolution 14-2008-Resolution approving certain transfers between major categories of the Wicomico County Board of Education operating budget for Fiscal Year 2008; transferring a total of $76,167.00-Following discussion and on motion of Mr. McCain and second by Mr. MacLeod Resolution 14-2008 was unanimously approved.

Resolution 15-2008-Resolution confirming the appointment of Jennifer Wimbrow-Jenkins to the Wicomico County Local Management Board- On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 15-2008 was unanimously approved.

Resolution 16-2008-Resolution confirming the appointment of Captain Mike Elliott to the Wicomico County Local Management Board-On motion of Mrs. Bartkovich and second by Mr. McCain Resolution 16-2008 was unanimously approved.

Resolution 17-2008-Resolution confirming the appointment of Lori Brewster to the Wicomico County Local Management Board-On motion of Mr. Holloway and second by Mrs. Bartkovich Resolution 17-2008 was unanimously approved.

Resolution 18-2008-Resolution confirming the appointment of David Mitchell to the Wicomico County Local Management Board-On motion of Mrs. Sample-Hughes and second by Mr. McCain Resolution 18-2008 was unanimously approved.

Resolution 19-2008-Resolution confirming the appointment of Michael Shamburek to the Wicomico County Local Management Board-On motion of Mr. MacLeod and second by Mrs. Prettyman Resolution 19-2008 was unanimously approved.

Resolution 20-2008-Resolution confirming the appointment of Vanessa L. Jones-Warner to the Wicomico County Local Management Board-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 20-2008 was unanimously approved.

Resolution 21-2008-Resolution confirming the appointment of Diana Kiessling to the Wicomico County Local Management Board-On motion of Mr. MacLeod and second by Mr. McCain Resolution 21-2008 was unanimously approved.

Resolution 22-2008-Resolution confirming the reappointment of George Wooley to the Wicomico County Local Management Board-On motion of Mr. McCain and second by Mrs. Prettyman Resolution 22-2008 was unanimously approved.

Resolution 23-2008-Resolution confirming the appointment of Narcinda Church to the Social Services Advisory Board-On motion of Mrs. Sample-Hughes and second by Mr. McCain Resolution 23-2008 was unanimously approved.

Park Property Violations Fine Schedule- Mr. Creamer explained that the Recreation Commission approved the fine increases and these increases will be used to help cover the costs of enforcing the regulations and for deterrence for future violations. If the Council approves the changes recommended this will become a legislative bill to be introduced at the next Council meeting. All Council members were in concurrence to move forward with the legislative bill.

Liquor License Commissioners: A.Kaye Kenney came before the Council to give the Council an update on the Legislative Bills the Liquor License Commissioners had requested. Mrs. Kenney explained that one area was opposed unless an agreement could be reached between the Maryland State Beverage Licensing Association and the Brewery Association. These agencies were concerned with the three tier system which requires by Article 2-B that there is a manufacturer, wholesaler and a retailer. Mrs. Kenney explained that the bill did not circumvent that but there was still opposition. Mrs. Kenney acknowledged all of the support that was received from the Delegates, Senator Stoltzfus, Senator Andy Harris and Senator Roy Dyson. The following amendments were included: A residency requirement of at least two years prior to a microbrewery being established, $200,000 minimum investment, and a person can have a microbrewery with a restaurant with three additional licenses in Wicomico County. The microbrewery has to be located in an enterprise zone. The microbrewery will not be able to sell to anyone other than their own restaurant customers and to a wholesaler. This was approved favorably by the Senate and was favorably approved as well by the Economic Matters Committee. Mrs. Prettyman thanked Mrs. Kenney and Mrs. Kilgore for their hard work. Mrs. Kenney thanked the Chamber of Commerce, City of Salisbury, and LORA (Local Owners Restaurant Association). Mrs. Kenney explained that the Wicomico Drug Council received a grant and will be sharing a portion with the Liquor License Commission for more compliance checks to be done. Mrs. Kenney also informed the Council that Mr. Groncki has started teaching a fake identification course. The first fine for selling to a minor is $1,000. The second offense is a suspension and the fine is increased. Money that is received for fines and licensing fees pay the salaries of the liquor license employees and also pays for the daily operations. Mr. Creamer explained that the money from the fines is put into the County’s general fund but the amounts offset the Board’s operating expenses. Mrs. Sample-Hughes asked if someone moved would they need to reapply for a license to which Mrs. Kenney stated if the corporation changed then yes but she will look into that and get back to the Council at a later date. The Council will send a letter to the State’s Attorney requesting stricter penalties for people that sell to minors. President Cannon thanked Mrs. Kenney for all of her and the Board Members for their hard work.

Resolution 25-2008-Shared Facilities Agreement-Village DownRiver-The Resolution would allow the County Executive to sign the agreement however this has to be approved by the Council as well as the Urban Service Commission so Council would have to enter into an Urban Services Commission to approve as well. Changes were made to the agreement after Mr. Rai Sharma and Mr. Baker reviewed the agreement. The developer will convey to the County a deed of easement over the wastewater treatment facility in the area which gives the County the immediate right to take over the operation. The operator will continue to operate but will have to obtain a certified wastewater operator who is approved by the Urban Services Commission. If the County takes over there will be no cost to the County. If other properties need to be connected to service for health, safety and welfare reasons there is a formula that the developer would be reimbursed by the new developer of the property to be connected. The condo association takes over subject to the terms and the Urban Services Commission has the approval of the operator of the wastewater treatment facility. As-built drawings will be presented to the County and the association will be required to submit the monthly reports to the Maryland Department of the Environment and to the County. Mrs. Bartkovich made a motion to postpone Resolution 25-2008 to which Mr. Holloway seconded. A roll call vote was taken on the motion for postponement-MacLeod-nay, Prettyman-aye, Sample-Hughes-aye, Cannon-aye, Holloway-aye, Bartkovich-aye and Mr. McCain recluse himself from this discussion. This will be presented again at the next Council meeting of March 18, 2008.

Public Comments:

Augustine DiGiovanna came before Council and expressed his concern regarding the wastewater treatment plants and began to ask Mrs. Bartkovich questions regarding her decisions which were made at the Planning Commission meeting when President Cannon asked that he submit his questions to Mrs. Bartkovich and she may respond to him personally.

David Goslee expressed his concerns regarding the Powellville transfer station and its design as well as and his concerns regarding Morris Road in Parsonsburg as it is in need of repairs. He hopes the County will look into the issue.

John Groutt, Wicomico Environmental Trust, stated that his organization supports the Village DownRiver as it is located in the Metro Core and will be a great improvement to the land and is a well planned community. Mr. Groutt is concerned with the phosphorous in the water. He does feel that all of these should be looked at carefully as all of the plans are very different and appreciates the Council doing these on a case by case basis. Mr. Groutt asked that the Council have more evening meetings and make these meetings known to the public as the public is interested.

Council Comments:

Mrs. Bartkovich explained to Mr. DiGiovanna that he could leave his questions in her mailbox as she is leaving town. She also asked the Council to send a letter of support to the State of Maryland as the State is considering cuts and Dr. Hoy is very concerned how these cuts will affect Wor-Wic Community College.

Mrs. Sample-Hughes informed the Council there is a Community Meeting being held by the administration of the City of Salisbury for Westside Manor at Wesley Temple this evening at 6:00 p.m. She also encouraged the citizens to attend.

Mr. MacLeod informed the community that on April 19, 2008 Salisbury University will hold an event that allows students to enter into people’s homes and perform household chores inside and outside for the families. Mr. MacLeod also explained that he attended a BRAC (Base Relocation and Closure) breakfast meeting and received a lot of interesting information.

Mr. Holloway stated that he went out and looked at the Powellville transfer station and Morris Road and agrees that something needs to be done, as the road has been neglected.

Mr. McCain stated that due to the formulas for funding Wor-Wic Community College would be greatly affected by these cuts and encouraged citizens and Council members to send letters supporting Wor-Wic Community College.

President Comments:

President Cannon concurred with Mrs. Bartkovich and Mr. McCain regarding Wor-Wic Community College. President Cannon stated that he was invited to Sharptown and appreciates the invitation as Sharptown is doing a great job for the citizens.

Mr. McCain moved that the meeting be adjourned to an open session followed by a closed session to discuss upcoming litigation. The motion was seconded by Mr. MacLeod and unanimously approved. The authority for closing the meeting was State Government Article 10-508(a).

Legislative Minutes

March 4, 2008

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John T. Cannon, President

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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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Matthew E. Creamer Gail M. Bartkovich, District 3

Council Administrator

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David A. MacLeod, District 4

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Joe Holloway, District 5