The Wicomico County Council met in a Legislative Session, April 3, 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. President Cannon presented a proclamation from himself and County Executive Richard Pollitt recognizing April 3- June 3, 2007 as the 2007 Maryland Chief’s Challenge, A Lifesaving Campaign. President Cannon then read a proclamation recognizing April 2^nd-8^th as Public Health Week.

Matthew Creamer and Dr. Brian Polkenhorn, Salisbury University, came before Council on behalf of the Center for Conflict Resolution at Salisbury University inviting Council to attend their special event with guest speaker Former South African President F.W. DeKlerk on Monday, April 9, 2007 at 6:45 p.m. with a private reception to follow.

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: Doris Schonbrunner, Council Administrator, Edgar a. Baker, Jr., County Attorney, and Richard M. Pollitt, Jr., County Executive.

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APPROVAL OF MINUTES

On motion of Mr. McCain and second by Mr. Holloway the minutes of March 20, 2007 were approved with Mrs. Bartkovich abstaining due to her absence at the last meeting.

Doris Schonbrunner, Council Administrator:

Resolution 61-2007-Decision by the County Council to join the Council of Governments-On motion of Mr. McCain and due to the lack of a second Resolution 62-2007 did not pass. Mr. McCain encouraged the Council of Governments to continue.

Resolution 62-2007-Schedule of fees and charges for functions regulated by the Wicomico County Health Department-President Cannon asked that this Resolution be postponed for further review. President Cannon called for a motion to postpone this Resolution to which Mr. Holloway made the motion and due to a lack of no second the motion to postpone did not pass. On motion of Mr. MacLeod and second by Mrs. Prettyman Resolution 62-2007 was unanimously approved.

Resolution 63-2007-Restructuring of Finance Office-Withdrawn

Resolution 64-2007- East Side Men’s Club-Property Tax Credit-On motion of Mr. McCain and second by Mrs. Sample-Hughes and duly carried with Mr. Holloway abstaining Resolution 64-2007 was postponed until Mr. Stein from the East Side Men’s Club could come before Council to answer their questions.

Resolution 65-2007- Proposed Service Charge on Semi-Annual Installment Payments of property tax in the amount of 1.43% for fiscal year 2008-Mrs. Patricia Petersen came before Council requesting a 1.43% of semi annual service charge-On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 65-2007 was unanimously approved.

Resolution 66-2007-Enterprise Zone Benefits for Residence Inn by Marriott- Mr. David Ryan, Executive Director of Salisbury Wicomico Economic Development came before Council and explained that the enterprise zone is recertified every ten years and also explained that the Enterprise Zone was established to encourage and direct growth to a particular geographic area which includes Northwood Industrial Park. Mr. Ford Barton, Eastern Shore Hospitality LLC, came before Council to express his appreciation for allowing him to come before Council and explained to them that Residence Inn was very excited to have his business in Salisbury, Maryland. The ribbon cutting will be held April 10, 2007 at 1:00 p.m. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 66-2007 was unanimously approved.

Mrs. Schonbrunner informed President Cannon that Mr. Stein with the East Side Men’s Club had arrived and asked whether Mr. Cannon would like to go back and continue Resolution 64-2007 to which President Cannon stated that he would like to continue on with the meeting.

Resolution 67-2007-Resolution to provide a new position and salary grade for a county contractual employee to be assigned to the Wicomico County Department of Social Services-The grade for this position is a Grade 20-Mr. Baker explained that this is pass through and that these individuals are County employees but are fully funded by the Department of Social Services. Mrs. Bartkovich stated that this contract begins on May 1, 2007 and asked if the services should end on June 30, 2007 due to the fact that a separate renewal contract will be prepared beginning on July 1, 2007. Mr. Baker stated that this will come before Council again in June or July but the date will be changed to June 30, 2007. On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 67-2007 was unanimously approved.

Resolution 68-2007-Rental Allowance Program Application and Grant Agreement with the Community Development Administration in the Department of Housing and Community Development in the State of Maryland-On motion of Mrs. Bartkovich and second by Mrs. Sample-Hughes Resolution 68-2007 was unanimously approved.

Resolution 69-2007-Memorandum of Understanding Intergovernmental with the Alcohol and Drug Abuse Administration providing halfway house services for men recovering from substance abuse-Second Wind Halfway House- Mr. MacLeod stated that Second Wind is very important to the Eastern Shore because it is the only one and suggests that Council support this Resolution. On motion of Mr. MacLeod and second by Mr. McCain Resolution 69-2007 was unanimously approved.

Mr. Edgar A. Baker, Jr., County Attorney:

Legislative Bill 2007-01- Arts and Entertainment District- The introduction of this Bill took place in February with a public hearing held on March 6, 2007 and at that time a number of questions were raised regarding the bill. Descriptions of the State Law were included in the brief book. The amendment is underlined on page two where the words “construction or and to be capable” were added. The bill includes new construction as well as renovating construction. Information was also provided by Mrs. Lee Whaley which was also included in the brief book explaining how the day to day operation was worked as well as explaining that the establishment has to be dedicated for a visual performing art. The determinations for the credit will be determined by the State Department of Assessments and Taxation. If a credit is granted and the artist moves out of the area or they give up being an artist then the artist would lose the exemption. On motion of Mr. McCain and second by Mr. MacLeod Legislative Bill 2007-01 passed as amended. Mrs. Prettyman pointed out that on page three under G. Applications the date for number three and four should be changed to June 30, 2013.

Mr. MacLeod asked if there would be a cultural coordinator to coordinate the activities such as other counties have in place. Mrs. Connie Strott stated there is a steering committee already in place and the committee consists of seven people who will begin the initiative and within the year there will be an advisory committee. President Cannon thanked Mrs. Lee Whaley for all of the information that she provided to assist with the Council’s questions.

Mr. Baker informed Council of the packet of information that was placed in their brief book regarding public hearings that will take place on April 17, 2007 and informed Council that if they have any questions to feel free to call his office.

Attending Citizens Comments:

Mr. Keith Moore came before Council to inform them of the Community Clean Up that will be taking place on April 21, 2007 which will be located on the Westside of Salisbury. The event takes places from 8:00 a.m. until 12:00 p.m. Mr. Moore invited all residents of Wicomico County and Council Members to please come out and join in the event. Mr. Moore left his contact information in the event that anyone needed to contact him with any questions or Council can contact Mrs. Sheree Sample-Hughes.

Council Members Comments:

Mrs. Prettyman brought forth the subject of House Bill 399 for discussion. President Cannon explained the Bill to the citizens. President Cannon stated that he discussed this Bill with the Executive Director of Maryland Association of Counties and was told that the Bill will not get out of the House and that the bill appears to be “dead.” Mrs. Prettyman stated that she spoke to someone in Annapolis and was told that the Bill is still being held in the committee and with there being a week left there is still a possibility that this Bill could pass. Mr. McCain stated that he does not support sending a letter because there may be repercussions and if the Bill does pass then the County can still take the issue back to referendum for the voters. President Cannon stated that he would like to send a letter strictly for the reason that Wicomico County was not asked if the Council would like to be included in the Bill. Mr. McCain asked who would write the letter and exactly what the letter would say to which President Cannon responded that he feels the letter should state that Wicomico County would like to be excluded from House Bill 399 on the premise that the County was not asked to be included in the Bill. Mr. McCain stated that the County Executive was asked whether or not the County would like to be a part of this bill to which Mrs. Prettyman asked for clarification. Mr. Richard Pollitt, County Executive, stated that in passing in Annapolis he was asked by Delegate Cane if Wicomico County would like an amendment excluding Wicomico County from the Bill to which Mr. Pollitt stated that he did not ask him to do that. Mr. McCain stated that he would like the vote to be included in the letter. Mrs. Prettyman requested a roll call vote: Mr. MacLeod-yes, Mr. McCain asked for clarification on the wording of the letter to which President Cannon stated that the letter will state that Wicomico County would like to be excluded from House Bill 399 due to the fact that Wicomico County was not asked to be included. Mrs. Sample-Hughes would like to see the letter state that future references please contact the Council. Mrs. Bartkovich asked that all Council members review the letter before it is sent. Mrs. Prettyman-yes, Mr. McCain-no, Mr. Holloway-yes, Mrs. Sample-Hughes-yes, Mrs. Bartkovich-yes, President Cannon-yes-A letter asking that Wicomico County be excluded from House Bill 399 was duly carried.

Mr. MacLeod asked that Mr. Stein be allowed to come to the table to discuss the East Side Men’s Club.

Mr. Holloway asked that a discussion of night meetings be placed on the agenda for the next Council meeting. Mr. Holloway also stated that he would like the School Building Commission be placed on the April 17, 2007 agenda for a virtual tour of Bennett High School.

Mr. McCain asked when the Water and Sewer Update will be presented to which President Cannon stated that the updates will take place at the next meeting.

Mrs. Sample-Hughes thanked the citizens for attending the first meeting that was held at the Hebron Town Hall. Mrs. Sample-Hughes stated that the next meeting will be on June 28, 2007 possibly in Delmar. Mrs. Sample-Hughes stated that the Delmar Library is concerned that the citizens of Wicomico County are utilizing the Delmar Library without receiving any funding from Wicomico County. She stated that she will be meeting with the County Executive and the Director of the Delmar Library.

President Comments: President Cannon welcomed Mr. MacLeod and Mrs. Bartkovich back to the table after their absence at the last meeting. President Cannon also thanked Mrs. Sample-Hughes for holding her first meeting for the citizens and thanked the Council Members for taking an active part in the community. President Cannon also reminded citizens to vote in the City of Salisbury election.

Mr. Holloway asked for a list of all Town Meetings.

Resolution 64-2007-Mr. Stein stated that every year the City and County must approve of the property tax exemption every year because of the East Side Men’s Club being a private club to ensure that the Club maintained his fraternal league. The East Side Men’s Club has now associated themselves with Fraternal Order of the Eagles. When the East Side Men’s Club converted to the Eagles the real estate was not transferred. A lease has been made with the Eagles which requires the Eagles to maintain the property. If the East Side Men’s Club folds as an Eagles organization the property will go to the Salvation Army. The Eagles are charged $500 per year for rent. On motion of Mrs. Prettyman and second by Mr. MacLeod Resolution 64-2007 was duly carried with Mr. Holloway abstaining. The Trustees of the Eagles act as the Trustees of the East Side Men’s Club.

Mrs. Prettyman acknowledged Mr. Edward Taylor, former Council member, who was a member in the audience. Mrs. Prettyman stated that she would like to see a vote taken on Resolution 62-2007 due to the fact there was not a second and would like to make a motion to see Wicomico County Council not participate in the Council of Governments. President Cannon stated that the Resolution was to become a member and the Resolution did not pass and therefore the Council will not establishing membership. Mrs. Prettyman made a motion to not participate in the Council of Governments to which there was not a second so the motion did not pass.

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 Mrs. Bartkovich 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.

April 3, 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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Gail M. Bartkovich, District 3

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David A. MacLeod, District 4

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Joe Holloway, District5

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Doris Schonbrunner

Council Administrator