Council Minutes
The County Council of Wicomico County, Maryland met in
Executive Session on
Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd were present.
President Sarbanes brought the meeting to order. On motion of Mr. Dashiell, second by
Mr. Long, Council unanimously approved the Minutes of
ADMINISTRATIVE DIRECTOR’S REPORT
Theodore E. Shea, II, submitted the following items of business.
Notice of Annexation:
Mr. Shea related that a formal notice that a resolution has been adopted
by the Town of Delmar to annex a portion of land contiguous to the corporate
limits of the Town; property known as Delmar Convention Center. A public hearing is scheduled for
Council members chose not to exercise that right.
Grant Awards: The Maryland Department of Natural Resources announced the award of $27,000 grant funds for the Edgewood Playground Play Module. Site work will be done to correct drainage problems at the site. Mrs. Prettyman asked if the Program Open Space funds included correcting the drainage problems. Mr. Shea stated he would make a determination and respond to her question.
Capital Improvements Plan: Mr. Shea reminded everyone that the public
hearing for the Capital Improvement Program/Budget is scheduled for
In addition, the Board of Education has forwarded copies of its Capital Plan to the Lower Shore Delegation.
Mrs. Prettyman asked that a letter be sent to the Volunteer Firemen’s Association, advising that Council has scheduled its CIP public hearing on the same evening as their
regularly scheduled meeting.
Mediacom: Council members received notification of Mediacom’s changes to its programming schedule.
Request for Transfer of Funds: Mr. Shea explained that expenses totaling
$3,112.92 have been incurred at the
Mrs. Bartkovich inquired about an upcoming County public auction, particularly as it relates to the inclusion of Sheriff’s Office vehicles. Mr. Shea stated Council members would be advised of the next County public auction as soon as that information is received from the Purchasing Agent.
FINANCIAL REPORT
Patricia B. Petersen, Director, reported that there has been no change in the Contingency balance of $725,731 since Council’s last Executive Session.
During the
Manufacturer’s Tax Exemption Request: Joe Esparraguera, Vice President of Finance
for Palace Laundry, Inc., has requested a manufacturer’s tax exemption for a
business located in
On a final note, Mrs. Petersen confirmed that payment from the Liquor Control Board has been received on time. This concluded the Finance Report.
Council Discussion:
Mrs. Petersen received questions from Council regarding the
determination of a final deficit figure for the
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director, submitted the following items of business:
Subdivision: Steeplechase Section 6 DPW No. 33094
Location: Crooked
Applicant: Hampshire, Hampshire & Andrews
Owner: Thomas & Julia Fisher/Robert L. Messick, Inc.
The applicant proposes to subdivide two existing parcels and
two existing lots into 151 proposed lots.
Only one lot (
The sketch plat was reviewed by the Planning Commission with recommendations to eliminate the northernmost entrance to Crooked Oak Lane (this has been done); that no lots be created having direct access to either major collector road; and consideration be given to provide access to Lot 76 via an interior street.
All existing structures are proposed to be removed to avoid potential setback violations.
In addition, two proposed road names already exist and must
be changed. The Department of Public
Works recommends approval by the Planning Commission based on the following
conditions being met: 1) the final plat
shall comply with subdivision regulations; 2) Health Department approval is
required; 3) the subdivision shall comply with all Forest Conservation
regulations; 4) construction improvements plans must be submitted for approval
by Public Works, including adequate drainage and maintenance easements; 5) this
subdivision shall become part of the existing Homeowners Association; 6)
expansion of the water system and service district will require both state and
local approval, including amendment of the County’s water & sewer plan; 7)
all lots shall have denied access to Crooked Oak Lane and Pemberton Drive; 8)
street names shall be approved by Public Works.
Council posed certain questions about the potential impact of increased
traffic and increased student enrollment in the affected public schools. Specifically, Mr. Sharma responded the State
of
Miscellaneous Updates: Mr. Sharma advised that the County now has an
agreement with the Genco Company of
Upper Ferry:
Bulkheading repairs are now complete and the ferry repairs are nearing
completion. Mr. Sharma hopes to bring
the vessel back by
Snow Removal: Mr. Sharma stated that as the result of the recent snow fall, certain roads on the eastern side of the County were salted, as needed.
Litter Control and Street Sweeping Reports were distributed to Council.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
Gloria Smith and Gary Pusey provided a brief overview of a request by White Lowe Express, LLC, to rezone 9.43 acres from A-1 Agricultural to C-2, General Commercial.
The Wicomico County Planning Commission held a public
hearing for this request on
More specifically, among the items listed in the Findings are these: there has been no change in the residential population in the neighborhood since the rezoning took effect on September 18, 2004; public sewer and water services are not located near this site; and the proposed rezoning to General Commercial is not in accordance with the 1998 Wicomico County Comprehensive Plan, which designates a portion of this property as being within the Metro Core. A less intensive zoning classification would be more consistent with the Urban Corridor recommendation for properties just east of this site.
Additionally, there is evidence to support a rezoning based on a “mistake” in the existing zoning based on the Metro Core boundary crossing Parcel No. 184 diagonally. Consequently, the Planning Commission forwarded a favorable recommendation to the County Council for a rezoning from A-1 Agricultural-Rural to LB-1 Light Business and Institutional, based on the Findings of Fact. The Commission’s recommendation also includes rezoning of the State Highway Administration parcels to LB-1. Council was advised that they may hold either a separate public hearing on these changes or hold one public hearing during a Legislative Session; Council was then asked how they wish to proceed.
Jeffrey E. Badger, Attorney for the property owner, reviewed a time line of actions taken by the property owner to meet all County requirements, which have required an investment of at least $65,000 during the application/permit process. Mr. Badger asked Council to consider restoring the zoning designation to the original General Commercial as reflected in the County’s 1968 Comprehensive Plan.
Council members posed many questions regarding the original development plan for a boat dealership and gas station on the site and the potential impact such development might have on the Paleochannel and the nearby residences. Council members then asked Mr. Pusey to review the permitted uses of the land under C-2 General Commercial and Light Business designations, particularly as it would be appropriate to the neighborhood, the State Highway Administration parcel and the parcel within the Metro Core.
Edgar Baker,
With Council discussion concluded, Mrs. Prettyman motioned to accept the Planning Commission’s recommendation of rezoning the referenced property to Light Business-Institutional (LB-1); Mr. Dodd provided a second. Calling for a vote, the motion was duly carried with four favorable votes and with Messrs. Taylor, Long and Sarbanes voting in opposition.
Mr. Baker advised that he has received numerous requests from other departments for legislation; therefore, he would prepare the required bills for introduction during a single Legislation Session.
Mr. Dashiell then asked for clarification of Mr. Baker’s remark that legislation could be prepared reflecting a zoning designation of LB-1, with the understanding that the designation could go to Commercial. Mr. Baker responded that the Legislative Bills would have to be advertised in such a way that the public would be informed that different classifications could be considered. Council would have the choice of amendment at the time of the hearing. Mrs. Prettyman stated that this would be a significant change and is not consistent with the previous motion. Mr. Dashiell stated he wanted to understand clearly Council’s options at public hearing. Mr. Baker responded that advertising the public hearing stating a sole LB-1 designation would not allow for a change in zoning designation. Another hearing would be required to consider alternative zoning designations. Mr. Dashiell stated he would prefer to see that option in the public notice. Mr. Baker then stated that Council could also have a public hearing outside the Legislative process to decide the content of draft legislation.
Mr. Shea brought to Council’s attention that the motion
addressed how the
Further discussion ensued as to the possible impact that the option to change the designation might have on area residents.
Mr. Dashiell then motioned that the public notice should reflect Council’s option to consider a zoning designation other than the one contained within the legislative bill.
The motion was seconded by Mr. Long and was duly carried with four favorable votes and with Mrs. Prettyman, Mrs. Bartkovich and Mr. Dodd opposed.
Mr. Baker reminded all of this evening’s public hearing
regarding the proposed education excise tax.
Mrs. Prettyman asked why the meeting had been changed from a public
information meeting to a public hearing.
Mr. Baker explained that it was Council’s intent to receive public
input, which requires a public hearing.
Mr. Sarbanes stated that the
Mrs. Prettyman referred to the revised proposal and expressed concern for what she concluded as too broad an interpretation of residential construction. Mr. Baker stated that structures such as outbuildings would not qualify as residential building construction; however, this would need to be highly defined within the legislation. Mrs. Prettyman again expressed concern as to whom would have the authority to specify exactly what would qualify for imposing the excise tax; she also asked the Finance Director if a solid
revenue figure has been determined, with Mrs. Petersen replying that determining a final figure depends on defining the specific construction items that would apply, as just discussed. Mr. Long wished to remind everyone that Council is not considering actual legislation today; rather, this is another step in requesting enabling legislation from the State.
Mrs. Bartkovich referred to information from another county regarding its excise tax and the different approach taken to identify residential construction eligible for the tax. There was more general discussion, concluded by Mr. Sarbanes’ reminder of tonight’s public hearing.
On a final note, Mr. Baker gave a brief update regarding an
information request from the Fraternal Order of Police. The
PRESENTATION: BAY BROADBAND COMMUNICATIONS
Allen Hammond, President and CEO, offered a presentation on
the company’s plans to provide a broadband network on the
PRESENTATION: THE SINGER GROUP
Thomas Calo, Director of Human Resources, introduced Paula Singer, The Singer Group.
The company is in the process of conducting a full compensation study of County employees’ salaries and benefits. Ms. Singer reviewed a draft work plan to address multiple areas such as initial assessment, job analysis, design of a point factor evaluation process, compensation survey and salary structure. Ms. Singer anticipates completion of the study by late March.
PUBLIC COMMENTS: None
COUNCIL COMMENTS:
Mr. Sarbanes wished to congratulate Councilman Dodd on the completion of his Master’s Degree. Mr. Sarbanes also announced that former Councilman Henry Parker is recovering nicely from knee surgery and wished him well.
With no further business to be discussed, the meeting was adjourned.
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Anthony Sarbanes, President
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Charles R. Dashiell, Jr., Vice President
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Edward T. Taylor, District 1
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Stevie Prettyman, District 2
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Gail M. Bartkovich, District 3
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Marvin R. Long, District 4
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Larry W. Dodd, District 5
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Theodore E. Shea, II
Administrative Director