The Wicomico County Council met in a Legislative Session,
March 6, 2007 at 10:00 a.m. in Council Chambers,
A Proclamation was presented by Richard Pollitt,
A Proclamation was presented by John T. Cannon, Council President, to Andrew MacDonald recognizing his hard work with the State’s Attorneys Office as he plans to pursue a change in his career.
In attendance:
APPROVAL OF MINUTES
On motion of Mrs. Bartkovich and second by Mr. McCain the minutes of February 20, 2007 were unanimously approved as amended.
There was not any old business to go before the County Council.
Mrs. Schonbrunner presented the following items of business:
Resolution 38-2007- Appointment of Betty Gardner to serve on the Tourism Advisory Board as an Honorary Member- On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 38-2007 was unanimously approved.
Resolution 39-2007-
Assignment and assumption of lease and consent agreement authorizing the
assignment of the concession agreement between Wicomico County and CLSP
Shorebirds, LLC to 7th Inning Stretch, L.P. Mr.
Resolution 40-2007-
Unanticipated Revenue-Sheriff’s Office- $4600 was received from the sale of
surplus light bars to
Resolution 41-2007- Appointment of William Purnell to serve on the Recreation Commission-On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 41-2007 was unanimously approved.
Resolution 42-2007-Appointment of David Ennis to serve on the Recreation Commission-On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 42-2007 was unanimously approved.
Resolution 43-2007-Appointment of John Cannon to serve on the Recreation Commission-On motion of Mrs. Bartkovich and second by Mr. McCain Resolution 43-2007 was unanimously approved.
Resolution 44-2007-Appointment of Anthony Sarbanes to serve on the Tourism Advisory Board-On motion of Mr. McCain and second by Mrs. Sample-Hughes Resolution 44-2007 was unanimously approved.
Resolution 45-2007-Appointment of Orville Penn to serve on the Tourism Advisory Board-On motion of Mr. MacLeod and second by Mr. McCain Resolution 45-2007 was unanimously approved.
Resolution 46-2007-Appointment of Stephanie Willey to serve on the Tourism Advisory Board-On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 46-2007 was unanimously approved.
Resolution 47-2007-Appointment
of Mike
Resolution 48-2007-Re-Appointment of Ed Urban to serve on the Tourism Advisory Board-On motion of Mr. McCain and second by Mr. Holloway Resolution 48-2007 was unanimously approved.
Resolution 49-2007-Re-Appointment of Bak Patel to serve on the Tourism Advisory Board-On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 49-2007 was unanimously approved.
Resolution 50-2007-Appointment
of
Resolution 51-2007-Appointment
of
Resolution 52-2007-Appointment of Sheree Sample-Hughes to serve on the Social Services Advisory Board-On motion of Mr. MacLeod and second by Mrs. Bartkovich Resolution 52-2007 was unanimously approved.
Resolution 53-2007-Appointment of Sheree Sample-Hughes to serve on the Library Board of Trustees-On motion of Mr. MacLeod and second by Mr. Holloway Resolution 53-2007 was unanimously approved.
Resolution 54-2007-Adoption of Capital Program Recommendation-On motion of Mr. McCain and second by Mr. MacLeod Resolution 54-2007 was unanimously approved.
Resolution 55-2007- Rural
Legacy-
Resolution 56-2007-Reimburse Expenditures-Board of Education-This is the official intent or full funding resolution under IRS Regulations if the County will make a capital investment which may be later reimbursed by bond proceeds an Official Intent Resolution has to be adopted. This pertains to the $1.6 million in the Capital Program for the Board of Education. An amount can be borrowed less than stated on the Resolution but not an amount to exceed the amount of $1.6 million on the Resolution. Mr. Charlie Bounds and Mr. Brian Foret came before Council. Mr. Bounds stated that if the amount totals more than the $1.6 million then the Board of Education will pay the balance. Moved and seconded and unanimously approved.
Resolution 57-2007-Adoption-Land Acquisition- Board of Education-This is for an appropriation from contingency and capital project reserves to Board of Education for land acquisition in the amount of $1,670,000.00. On motion of Mrs. Bartkovich and second by Mr. MacLeod Resolution 57-2007 was unanimously approved.
Public Hearing-Legislative Bill 2007-1-An act to amend Chapter 90-Arts and Entertainment Property Tax Credit-The State of Maryland approved the District and the District comes with tax incentives for income tax for qualifying residents and artists. The Property Tax Credit has to be done in the form of Legislation by the County Council. Mr. Baker brought to Council’s attention that after introduction the State law has changed. The Tax Credit would now apply to renovations on buildings within the district that would make it usable for a qualifying residing artist. The law has been expanded to allow renovations and new construction. Mr. Baker explained that the law now applies to new construction which would mean that if a building was added on to or if an old building was torn down and a new building was reconstructed then the portion of the building that is for a qualifying residing artist or for an arts and entertainment business that would also be entitled to a tax credit. An amendment would be needed to coincide with State Regulation.
Public Comments: Mr. Kenneth Holland asked if a tax credit would be given for downsizing of a building to which Mr. Edgar Baker stated that it would not.
Joe Albero stated that a group of people raised money for the Boulevard Theater and then nothing was done with the project and then that same group that kept the money is now trying to acquire Station 16. This group is now going to try to raise two and a half million dollars to make it a 400 seat theater. Mr. Albero stated that he had gone before the City Council with a proposal offering to purchase the building. Mr. Albero is concerned how this particular tax credit would apply to people whom had buildings donated to them.
James Gillespie-Executive Director of the Salisbury Wicomico Arts Council- Mr. Gillespie stated that the Boulevard Committee was led by a coalition of groups with the chief being the Salisbury Wicomico Arts Council. Mr. Gillespie also stated that the Salisbury Wicomico Arts Council has not endorsed any project without the support of the Council or the community. Mr. Gillespie also stated that the Salisbury Wicomico Arts Council is in full support of this legislation and looks forward to working with Salisbury Wicomico Economic Development, Urban Salisbury and other groups collectively to ensure that this would bring about artistry relocation programs and also work with realtors to bring artists into the community.
Joe Albero stated that this district becomes a zero tax district and revenues are not raised in that district. Mr. Albero stated that he would like to rejuvenate the downtown area.
Mr. McCain asked Mr. Baker if this tax credit was for a period of six years to which Mr. Baker responded that it was for a period of six years.
Connie Strott stated that this legislation is for the developed area for the artist. This would not be a zero based tax district and would only be for a period of six years.
Augustine DiGiovanni stated that he feels that this proposal is a good idea and that adding the amendment to allow new construction is an even better idea. Mr. DiGiovanni has a concern that if an artist does something that is offensive to the community that the artist lose their tax credit.
James Gillespie explained that data that was proven by the Maryland Arts Council that shows that for every $1.00 that is invested directly into the arts yields $2.10 of goods and services.
Spicer
Mike Wigley-Steering Committee for the Arts and Entertainment District and a member of Urban Salisbury- Mr. Wigley stated that as a business member he feels that this will add to the momentum of the downtown. The arts and entertainment is the cultural component of downtown and is one aspect that rounds out the downtown community. Mr. Wigley encouraged the County Council to support this legislation.
Council Comments:
David A. MacLeod asked who determines a qualifying artist to which Mr. Baker stated that the State would determine what exactly a qualifying artist is and that a qualifying artist is a person who owns or rents residential property within that district and conducts a business in the arts and entertainment district and derives income from the sale or performance within the arts and entertainment district with in a artistic work that the artist wrote, composed and executed.
Mrs. Bartkovich stated that the legislation does state an arts and entertainment enterprise which could include a restaurant to which Mr. Baker responded that the renovation would have to be done for that purpose. Mrs. Bartkovich asked for a qualification on this issue before the Council makes a decision.
Mr. Baker stated that if the artist does not live in the area then the performer would not qualify for the property tax credit. The property has to increase in value because of the renovation in order to receive the property tax credit. If a theater was built then the owner of the theater would receive a tax credit on the property of the theater and would not have to reside in the area. But in order to qualify as an artist the artist would have to live in the district. Mrs. Bartkovich stated that anyone who opened an entertainment area in the district would qualify to which Mr. Baker responded that they would because the purpose is to revitalize the downtown area and bring art and entertainment to the downtown area.
President Cannon asked that this issue be placed on the agenda for the next meeting so Council could review the information before making a decision.
Mr. Holloway asked for clarification on the enforcement and the difference between the entertainment enterprise and a night club where bands are playing. Mrs. Sample-Hughes asked if there are any repercussions in place where they could lose their tax credit. Mrs. Bartkovich stated that she and Mr. MacLeod will not be present at the next Council meeting and that this topic be moved to April 3, 2007.
Approval of Operating Budget for County Council Expenses: On motion of Mr. MacLeod and second by Mrs. Bartkovich the operating budget for County Council was unanimously approved.
Public Comments:
Augustine DiGiovanni explained to Council that he would like to present all of the information that he provided to the City Council to the County Council regarding the Northeast Collector.
Joe Albero asked Council to consider other options for the
parking at the
Council Comments:
Mrs. Gail Bartkovich stated that she will not be present at the next Council meeting because she will be attending a medical convention with her husband.
Mr. William McCain congratulated two
Mr. David MacLeod congratulated the NAACP on their celebration.
Mr. Joe Holloway stated that he would like to pick up his brief book instead of having it delivered.
President Comments:
President Cannon thanked all Council members for joining the Committees and asked that the Council Members report back to the Council regarding the Committees. President Cannon stated that Mr. Edgar Baker has made his legal opinion regarding the breach of confidentiality and this has been placed in the Council’s Information folder and a copy will be given to each Council member. President Cannon also reminded Council that the Bennett Spaghetti Dinner will be held on Friday, March 9, 2007 and asked that Council members please attend.
The County Council reserves the right to close a portion of this meeting as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland. On motion of Mr. MacLeod and second by Mrs. Sample-Hughes and unanimously carried, Council voted to enter into a Closed Work Session for the purpose of personnel issues.
March 6, 2007
Legislative Session
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John T. Cannon, President
_______________________________
_______________________________
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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Doris Schonbrunner
Council Administrator