The Wicomico County Council met in a Legislative Session, March 20, 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 and held a moment of silence for Army Specialist Thomas “Tommy Lee” Latham. President Cannon then read a recognition honoring fallen Army Specialist Latham. Present: John T. Cannon, President; Stevie Prettyman, Vice-President; William R. McCain, Sheree Sample-Hughes, and Joe Holloway.

In attendance: Doris Schonbrunner, Council Administrator; and Edgar A. Baker, Jr., County Attorney.

APPROVAL OF MINUTES

On motion of Mr. McCain and second by Mrs. Sample-Hughes the minutes of March 6, 2007 were unanimously approved.

There was not any old business to go before the County Council.

Doris Schonbrunner, Council Administrator

Mrs. Schonbrunner presented the following items of business:

Resolution 58-2007-Board of Education- Mr. Bruce Ford came before Council requesting a transfer between major categories of the Wicomico County Board of Education Operating Budget in the amount of $33,285. This was needed to replace food warmers and two steam tables in Parkside Cafeteria. On motion of Mrs. Prettyman and second by Mrs. Sample-Hughes Resolution 58-2007 was unanimously approved.

Resolution 59-2007- Re-Appointment of Stevie Prettyman to serve on the Salisbury-Wicomico County Metropolitan Planning Organization Board- On motion of Mr. Holloway and second by Mr. McCain Resolution 59-2007 was unanimously approved. Mrs. Prettyman asked that the Resolution be corrected to read re-appointment instead of appointment.

Resolution 60-2007-Appointment of Doris Schonbrunner to serve on the Salisbury-Wicomico County Metropolitan Planning Organization Board-On motion of Mrs. Prettyman and second by Mrs. Sample-Hughes Resolution 60-2007 was unanimously approved.

Mrs. Prettyman made a motion that this Council sends a letter to the Maryland Delegation requesting that Wicomico County be excluded from House Bill 399. Mr. Holloway seconds the motion and President Cannon asked that Mrs. Prettyman explain to the Council exactly what the bill entails. Mrs. Sample-Hughes stated that she saw the Bill in the newspaper and was hoping that the Council could have discussion on this issue. Mr. McCain stated that he does not wish to vote without seeing the Bill on the table before them first. Mr. Baker explained to the Council that this is a Bill authorizing any Charter counties that have revenue or tax caps in place to override that cap by 2/3 of the legislative body (Council) giving Council the right to override the revenue cap by a five to seven vote. Mrs. Prettyman stated that the previous Council wrote a letter asking to be excluded from this Bill. President Cannon stated that he would like to see the Bill and present to the Council at a later meeting and if the Council chose to prepare a letter then all members of the Council approve the letter. Mrs. Prettyman stated that time is of the essence and should not be put aside until the next meeting. Mr. McCain stated that even if the bill passes this still can be done by referendum and decided by the citizens. Mrs. Prettyman asked that the staff to go online and print a copy of the bill to be distributed to all Council Members. Mrs. Prettyman made an amendment to her motion to wait until the bill was put before them on the table to which a staff member was at that moment getting Council a copy of the Bill. Mrs. Prettyman withdrew her motion until Council had a copy of the Bill.

Edgar A. Baker, Jr., County Attorney

Mr. Baker briefed Council on Economic Development Revenue Bonds and explained to Council that they would have a public hearing on April 17, 2007 regarding Harvard Custom Manufacturing. These bonds are a mechanism that were set up by State Law, Mr. Baker provided Council with excerpts from Article 41 Title 14 which is the Economic Development Revenue Bond Act. The State made certain legislative findings such as conditions of unemployment that exist in the State and that the acquisition of new facilities and the expansion of existing facilities is a viable mechanism essentially to relieve unemployment and that people who have jobs contribute to the health and safety of the citizens. The purpose of the State is to relieve conditions of unemployment to increase industry and commerce in a balanced economy and promote economic development. The State authorizes any public body to issue bonds. The Revenue Bond is bond that is determined to be paid back through a specific stream of revenue. The State has essentially taken a corporate bond and turned it into a government bond which gives the new industries a favorable interest rate so banks are more willing to loan on that basis. The State authorizes the Counties to issue limited obligation bonds without the full faith and credit. Mr. Baker ensures that the County is not obligated to pay these bonds back. The facility goes and arranges it’s financing and the County issues the bonds and the bank buys the bonds, the money comes in and is loaned out in a loan agreement to the facility. This lowers the cost of capital acquisition. Mr. Baker estimates that between five and ten of these have been done in the last twenty years. Mr. Baker gave a brief description of Harvard’s request which will be discussed at the Public Hearing on April 17, 2007. Mr. Baker explained that other counties do charge a fee for this but historically Wicomico County has not. Mrs. Prettyman asked how many of these bonds were outstanding to which Mr. Baker responded that he would have to research.

There were no Public Comments.

Council Comments:

Mrs. Prettyman asked that since Council has received a copy of House Bill 399 then a vote be taken on whether or not to send a letter excluding Wicomico County. Mrs. Prettyman made a motion requesting that Wicomico County write a letter requesting that Wicomico County be excluded from House Bill 399 to which Mr. Holloway seconds the motion. Mr. McCain still does not support the Council writing a letter at this point because he does not feel the Council has not had sufficient time to review this bill. Mrs. Prettyman stated that this will allow the Council to eliminate the revenue cap by a two third vote of Council Members. This allows this Council or future Councils to eliminate the revenue cap and feels that this should be decided by the voters only. President Cannon stated that he has reservations about sending a letter in opposition without talking with the legislators or senators. Mrs. Sample-Hughes feels that the Council needs time to review the bill before making a decision. President Cannon called for a roll call vote-Mrs. Prettyman-yes, Mr. McCain-no, Mr. Holloway-yes, Mrs. Sample-Hughes-no, and President Cannon-no. The motion does not pass. President Cannon asked Mrs. Prettyman to bring this forward at the next meeting in order for Council to review this and possibly send a letter at a later date.

Mrs. Sample-Hughes announced the quarterly meeting that she will be hosting on Thursday, March 29, 2007 at 6:00 p.m. at the Hebron Town Hall. This gives citizens an opportunity to voice their concerns and for information purposes.

Mr. Holloway asked the Council if trickle irrigation systems had been approved by the Council. Mr. Holloway stated that contractors in Nutters Crossing are installing a trickle irrigation system. President Cannon stated that Sections Four and Five were designated for a spray irrigation system. Mr. Baker stated there was a Water and Sewer Amendment for Sections Four and Five of Nutter’s Crossing. Mrs. Prettyman stated that the system was not approved and there was only a water and sewer amendment.

President Comments:
President Cannon reminded Council of the Council of Governments meeting on March 22, 2007. President Cannon encouraged Council to attend the meeting so a vote could be made at the April 3, 2007 meeting.

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. McCain and second by Mrs. Sample-Hughes and unanimously carried, Council voted to enter into a Closed Work Session for the purpose of discussing personnel issues and land acquisitions.

March 20, 2007

Legislative Session

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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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Joe Holloway, District 5

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Doris Schonbrunner

Council Administrator