WICOMICO COUNTY COUNCIL

SALISBURY, MARYLAND

January 16, 2007

The Wicomico County Council met in a Legislative Session, January 16, 2007 at 10:00 a.m. in Council Chambers, Government Office Building, Salisbury, Maryland. President Cannon held a moment of silence for Army Specialist Eric Caldwell. The Lord’s Prayer and Pledge of Allegiance were recited. President Cannon called the meeting to order. President Cannon read a Proclamation of sympathy for Army Specialist Eric Caldwell and his family. 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. Bartkovich, second by Mr. MacLeod and unanimously approved, the Minutes of the meeting held January 2, 2007 were adopted.

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

Theodore E. Shea, II, Acting Council Administrator

Mr. Shea presented the following items of business:

Resolution 03-2007-Enterprise Zone Designation for MaTech, Inc.: Mr. David Ryan, Director Salisbury Wicomico Economic Development came before Council to give a brief overview of the Enterprise Zone Program and how the Enterprise Zone Program is used as an economic tool. There are two enterprise zones in Wicomico County- the first was established in 1982 as Salisbury Wicomico Zone-this area consists of the downtown area of Salisbury, Northwood Industrial Park, and newly created Westwood Commerce Park. The second zone is in the City of Fruitland which consists of 110 acres that encompasses industrial zone land in and around the Crown Sports Center. Real property credits are applicable to the improved value of the property only. The credits amount to 80% for the first five years and then decrease 10% a year for the remaining five years. These credits are applicable to commercial and industrial projects only. The state income tax credit allows employers to take a $1,000 per job credit on their state income taxes. MaTech is located in the zone and has made property improvements and is employing a significant amount of people. On motion of Mrs. Prettyman and second by Mrs. Sheree Sample-Hughes Resolution 03-2007 was unanimously approved.

Maryland Agricultural Land Preservation Program-Commitment of Funds to Local Matching Program: Mrs. Gloria Smith, Planner; Planning and Zoning came before Council to explain the Maryland Agricultural Land Preservation Program. Mrs. Smith makes a recommendation that the County decline to commit funds to the Local Matching Program due to the Local Agricultural Land Preservation Program. The Local Agricultural Land Preservation Program is a program that the County has in place which began when bond money was set aside. That money was used to purchase the first three easements and the transfer tax money has been used for the remaining easements that have been bought or are in the process of settling. The County has another application waiting to be appraised and needs to purchase the other half of an easement. Based on the information the Planning and Zoning Department recommends that the County decline funds to the Local Matching Program so the funds can be kept locally and accumulate in order to purchase the other half of the easement and the application that is currently waiting. If funds are committed to the local matching program the money would come from the Transfer Tax and if money is taken from the transfer tax then the easements that are pending will be put on hold since this money is also used for the Local Agricultural Preservation Program. On motion of Mr. Holloway and second by Mr. McCain and unanimously approved the County will decline to commit funds to the Local Matching Program.

Resolution 04-2007-Wicomico Partnership for Families and Children-New Positions- Ms. Linda Hardman, Director, Wicomico Partnership for Families and Children, came before the County Council to request new positions. Grant funds were increased by 1 million dollars and due to the increase in grant funds more employees are needed. Wicomico Partnership is a training forum for people who will work a year with Partnership and then move on to work in other businesses. A local access office will be set up so citizens can get information about services that are available in the community. A system navigator and a family navigator are needed. A system navigator is a person with training in mental health and a family navigator is a family member who has worked with a child and found them services. This person will have experience and not training. The system navigator would work with truancy cases and the family navigator would work with child care centers and families with special needs children to identify resources to support attendance to daycare. On motion of Mrs. Sample-Hughes and second by Mr. MacLeod Resolution 04-2007 was unanimously approved. The public hearing for the relocation of the office will be on February 20, 2007.

Resolution 05-2007-Board of Education Transfers- Mr. Bruce Ford, Wicomico County Board of Education, came before Council requesting approval for transfers between major categories in the amount of $25, 409 and for transfers of funds under $1,000 between categories and transfers within major categories in the amount of $5,142. On motion of Mrs. Bartkovich and second by Mr. McCain Resolution 05-2007 was unanimously approved.

Public Hearing-

Mr. Rai Sharma, Director of Public Works and Mr. John Redden, Deputy Director of Public Works came before Council for Public Hearing regarding the Wicomico County Water and Sewer Plan Amendment. Mr. Redden read the Public Hearing Notice to the Council and the citizens.

Resolution 06-2007- Rite Aid- This Rite Aid complex consists of medical offices, professional offices and the pharmacy located on Parsons Road served by public water and sewer from the City of Salisbury with a projected allocation of 3,323 GPD. There were no public comments or Council comments. On motion of Mr. McCain and second by Mrs. Bartkovich Resolution 06-2007 was unanimously approved.

Resolution 08-2007- Farlow Fields- This consists of 213 townhouses and a community center located on Old Ocean City Road near Beaglin Park Drive which will be served by the City of Salisbury having an estimated water and sewer usage of 53,250 GPD. On motion of Mr. McCain and second by Mr. MacLeod Resolution 08-2007 was unanimously approved.

Resolution 07-2007- Raegan’s Run- Consists of 58 residential lots located off Riverside Drive which will be served by a private wastewater treatment facility having a projected design flow of 15,500 GPD. This was brought before the previous County Council on April 4, 2006. MDE had not given special approval for this project which has since been received by MDE. Mr. Cannon called for Public Comments.

Attending Citizens’ Comments:

Mr. James Trader-Alabama Avenue-expressed concern regarding the time frame to the progression and provision of the facilities stating that he is not aware of the current time frame category for this proposed area of the County. He feels that this is a privately owned facility that does not meet the requirements of the code. He also inquired as to the zoning of the County and if it allows for this type of treatment facility. Mr. Trader is also concerned about the sludge removal and does not feel an explanation has been given regarding this matter. Mr. Trader asks that the County Council conduct a thorough investigation before making a decision on this project.

Mr. Michael A. Pretl-President of the Wicomico Environmental Trust-Old Coast Road-expressed opposition to the project. Mr. Pretl feels that this project is very close to the Wicomico River which is polluted and is concerned about flooding. Mr. Pretl would like for the citizens to have input in the comprehensive plan.

Mr. Robert Leon-Member of Riverside Watch-Riverside Drive-The proposed system, trickle bio filter system has faults and in many areas is not working properly. Mr. Leon has a petition of over 300 signatures requesting that the Council give thorough thought and consideration to allowing this type of system. Mr. Leon asked that the Council please consider the hazards that this system will cause to the homes of the residents who live directly behind the development. Also, consider the hazards to the air, land, water, creeks, the river and finally the bay.

Dave Stapleford-SharpPoint Road- Mr. Stapleford stated that the property can only hold 25 homes with the standard septic tank amount. He stated that it is not possible to put in more homes in that area. Mr. Stapleford stated that the County should determine where the wastewater treatment plant is located and not let the decision be the developer. He feels that the County should meet the needs of the residents and citizens and not only meet the needs of the developer.

Mr. Greg Tucker joined the County Council, Mr. Sharma, and Mr. Redden.

Council Comments:

Mr. John Cannon asked Mr. Sharma exactly what type of system will be used and exactly how the system will be managed. Mr. Sharma explained that he contacted the Public Works Department of Calvert County because they use the exact same type of system. Mr. Sharma stated that his department is still investigating and that his department is still not clear on exactly what the system will be, how the system will be treated and what type of discharge the system will have. Mr. Sharma is going to travel to Calvert County to discuss the system with Calvert County and understand how it works and exactly what the problems are with the system. Mrs. Sample-Hughes asked if Mr. Sharma would have the authority to specify which companies can monitor the system. Mr. Sharma stated that he is strongly advising the Council to authorize a certified company to operate the system. Mr. Cannon asked Mr. Sharma if these type of systems need to be put into the Comprehensive Plan and Mr. Sharma stated that these types of systems would need to be added into the Comprehensive Plan and include who monitors these systems. Mr. Sharma asked that the Council allow Public Works to travel to different areas of the Eastern Shore and look at the wastewater plants and after investigation Public Works will come back before the County Council with their findings. Mr. Sharma asked that the Council give Mr. Sharma ninety days to conduct their investigation.

Mrs. Prettyman made an inclination to make a motion to vote against the project. Mrs. Prettyman feels that there is too much research to be done and that 90 days is not sufficient time for the Council to make a decision. Mr. McCain stated that he would like to see a motion to table this amendment and for Council to not consider amendments to the Water and Sewer Plan until Council has established policies and guidelines for these facilities.

Mrs. Sheree Sample-Hughes asked Mr. Sharma to please not limit his research to the Eastern Shore but to include the entire State of Maryland to which Mr. Sharma stated he would.

On call for a second to the standing motion Mrs. Bartkovich stated that Mrs. Prettyman had a motion on the table. President Cannon responded that Mrs. Prettyman had only expressed her inclination to make the motion.

Mr. McCain then motioned to table this amendment to include for Council to not consider amendments to the Water and Sewer Plan that include any type of multiple use private wastewater systems until the Council has established policies and guidelines for these facilities and second by Mr. Holloway and unanimously approved. Mr. Holloway did request that the Department of Public Works report to the Council every 30 days with their findings.

Public Comments:

Mr. Robert Leon asked that the County please investigate the land and the soil as well as the systems.

Mr. Greg Tucker offered to have his neighbor’s wells and septic systems inspected by an engineer to see if there are any problems.

Mr. Jim Bennett expressed his concern regarding the wastewater system and is asking that the Council make sure that the system is effective. Mr. Bennett is also concerned about the location of the development. He also expressed to Council that he is proud to have them as the County Council.

Council Comments: Mrs. Sheree Sample-Hughes expressed her congratulations to the Tri-County Coalition for another successful Martin Luther King, Jr. Banquet and appreciates the invitation.

Mr. Joe Holloway stated that there is not a guarantee as to which way the vote for the wastewater treatment plant will go when it comes before Council again. Mr. Holloway stated that the Council wants to be sure they get the information that they need so they can make a wise decision.

Mr. Bill McCain also feels that the Council made a wise decision to table this issue to establish policy which is part of the Comprehensive Plan and the Water and Sewer Plan for future developments as well.

Mr. John Cannon stated that the Council does not want to make decisions on a piece mail basis. The Council would like to make decisions on policy and not individual plan which is why the Council will gather all of the information that is needed and then come up with a Comprehensive Plan, Water and Sewer Plan, and also look at the Zoning regulations and the subdivision regulations. Then everyone will know what to expect so everyone understands what Wicomico County will be doing over the next several years. Mr. Cannon stated that the Council will do their diligence so everyone will know exactly what Wicomico County expects.

President Cannon announced the Capital Improvement Public Hearing tonight at 7:00 p.m. in Council Chambers, Room 301.

On motion of Mrs. Bartkovich and second by Mr. McCain and unanimously carried, Council voted to enter into a Closed Work Session for the purpose of discussing a personnel issue.

On motion of Mr. McCain and second by Mrs. Bartkovich and unanimously carried, Council voted to adjourn the meeting.

Wicomico County Council

January 16, 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