WICOMICO COUNTY COUNCIL
SALISBURY, MARYLAND
January 2, 2007
The Wicomico County Council met in a Legislative Session, January 2, 2007 at
10:30 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. 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: Theodore E. Shea, II, Acting Council Administrator and Edgar A. Baker, Jr., County Attorney.
APPROVAL OF MINUTES
On motion of Mrs. Prettyman, second by Mr. MacLeod and unanimously approved, the Minutes of the meeting held December 14, 2006 were adopted as amended.
President Cannon offered the following items of business:
Resolution 01-2007: Environmental Specialists International, Inc.
On motion of Mr. McCain, second by Mr. Holloway, Council unanimously adopted Resolution 01-2007 for the construction of two cells at the Newland Park Landfill, and approved the usage of unrestricted retained earnings in the Solid Waste Enterprise Fund, in the amount of $6,269,323.60.
OLD BUSINESS
Chesapeake Bay Foundation
Alan Girard, Project Manager, gave Council an overview of the State of the Chesapeake Bay, accompanied by statistical agricultural, economic and land use data pertinent to the preservation of the Bay. Following his presentation he concluded that local government’s suggested priority in the process is to manage County lands to help best reduce nutrient pollution to the Bay; an opportunity he feels will be made available pending updates to the County’s Comprehensive Plan. He encouraged Council to study the information and utilize the Chesapeake Bay Foundation as a resource.
NEW BUSINESS
Time Schedules for County Council Meetings
On motion made by Mr. MacLeod, second by Mrs. Sample-Hughes and unanimously carried, Council adopted ten o’clock a.m. as the scheduled time for County Council meetings with work sessions following the meetings when applicable. Public hearings will be held at 10:30 a.m.
Council Administrator
President Cannon noted that Theodore E. Shea, II, has served in the capacity of Council Administrator, effective December 5, 2006. He wished to confirm the capacity of Mr. Shea as Acting Council Administrator. On motion made by Mr. McCain, second by Mrs. Bartkovich and unanimously carried, Council approved Theodore E. Shea, II as Acting Council Administrator, effective December 5, 2006.
Miscellaneous Items:
Mr. McCain offered congratulations to Wicomico County High School students on the following accomplishments: Bennett High School band for being selected to participate in Governor-elect Martin O’Malley’s inauguration; Katlyn Lamboni, Parkside, selected by the Daily Times as player of the year in field hockey, and Emily Mariner, selected by the Daily Times as player of the year in girl’s soccer. Mrs. Sample-Hughes announced that Mt. Calvary United Methodist Church, Fruitland, Maryland, recently presented scholarships to students in Wicomico County.
EDGAR A. BAKER, JR., COUNTY ATTORNEY
Mr. Baker, joined by Chuck Ward, Planner, introduced the following Resolution:
Resolution 02-2007- Forest Conservation Easement in Section 3, Nutters Subdivision
PUBLIC HEARING: NOTICE IS HEREBY GIVEN, in compliance with Section 22-2(G) of the Wicomico County Code that the County Council of Wicomico County, Maryland will hear public comments on the proposed resolution to consider the request of Thomas H. Ruark, Inc. for the relocation of a forest conservation easement. The existing easement portion to be removed, containing approximately 1.67 acres, is located within the Nutters Subdivision, Section Three, Salisbury, Maryland, and more particularly described as Tax Map 48, Parcel 445, Plat 13/122. The site suggested for the relocation easement area is located on the northerly side of Snow Hill Road and contains approximately 3.34 acres, more or less. The proposed relocation has been reviewed and approved by the Wicomico County Planning Commission. A plat of the easement area to be released and the relocated area is available for review at the Department of Planning, Zoning and Community Development. Mr. Baker stated the policy of the County is that relocation of an existing Forest Conservation Easement must be replaced, two-for-one.
Attending Citizens’ Comments:
John Grout, Cooper Road, Eden, Maryland, representing Wicomico Environmental Trust expressed concern over the bond posting for the planting of trees (2000) that have yet to be planted and, that it appears to suggest preliminary approval of the sewer and water systems, which has not been considered.
Kevin Beauchamp, N. Hampton Drive, Salisbury, Maryland, expressed concern that, the relocation would allow more than the proposed five houses; would create a denser tract of land; houses would have front facing garages; motor vehicle traffic would increase; and, houses would have the same approximate footage but not the same aesthetics as the current structures.
Dr. Augustine DiGiovanna, resident, stated in terms of ascetics tree lined streets are beautiful but can be burdensome on homeowners.
Council Comments:
Discussion ensued regarding why trees were not planted; changing policy to mandate time lines for the planting of trees; allowing a cash payment to off-set discrepancy in acreage requirements (2-for-1); that the placement of the pipe would require the entire single entrance to Nutters Section 3 to be dug from curb to curb prohibiting access to homes. Mrs. Bartkovich confirmed the proposed lots would be encumbered with an easement for water and storm water, and that no structure would be allowed in the utility easement. Mrs. Bartkovich suggested mitigation on the same side of the street rather than across Snow Hill Road and, that the Planning Director would propose a policy to Council regarding the discontinuance of forest conservation on actual lots. Mr. Ward suggested that a streetscape of native vegetation be implemented on the site, that easements be removed from the lots and that maintenance and preservation of trees become a requirement of the Homeowners Association. A streetscape of trees in the subdivision could be used to off-set some of the forestry requirements. Mr. Baker proposed the following language to accomplish Council’s action: Amendment to Paragraph II indicating that Thomas H. Ruark, Inc. would grant to the County a new forest conservation easement containing 3.34 acres for mitigation on a site to be approved by Wicomico County Department of Planning and Zoning with the concurrence of the County Council, at a future date. On motion made by Mrs. Bartkovich, second by Mr. Holloway and unanimously carried, Council voted to amend paragraph 2 as recommended, for a future Council meeting. On motion made by Mrs. Bartkovich, second by Mrs. Sample-Hughes and unanimously carried, Council approved Resolution No. 02-2007 as amended.
Comments from Attending Citizens:
Kathleen McClain, Deer Harbour, extended congratulations and best wishes to newly installed Council members. In addition, she requested Council reconsider their decision on the Tax Incremental Financing proposal as it relates to the Old Salisbury Mall.
Dr. Augustine DiGiovanna, Dagsboro Road, reported information submitted to Council regarding population analysis for Salisbury and Wicomico County, based on building permits, is not completely correct. The information is under review by the Maryland Department of Planning. He distributed the latest, but not final version of the report.
Council Comments:
There were no additional Council comments.
On motion made by Mrs. Bartkovich, second by Mr. MacLeod and unanimously carried, Council voted to enter an Open Work Session.
With no further business to come before the Council the meeting was adjourned.
Wicomico County Council
January 2, 2007
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John T. 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 A. MacLeod, District 4
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Joe Holloway, District 5
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Theodore E. Shea, II
Acting Council Administrator