Wicomico County, MD
  Council Minutes
March 7, 2006

The County Council of Wicomico County, Maryland, met in Executive Session on Tuesday, March 7, 2006 at 10:00 a.m. The session took place in Council Chambers, Government Office Building, Salisbury, Maryland.

Anthony Sarbanes, President, brought the meeting to order. On motion of Mr. Dashiell, second by Mrs. Prettyman, the Minutes of February 21, 2006 were accepted as amended.

Mr. Sarbanes then congratulated Mr. Shea on the birth of his first grandchild.

Mrs. Bartkovich announced that she would be leaving the meeting at approximately 11:30 a.m.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II submitted the following items of business:

Introduction of New Employee: Frederick C. Harris, Purchasing Agent, introduced

Mr. Kenneth Lloyd as General Services Supervisor.

Burial Costs: On motion of Mr. Taylor, second by Mr. Long, Council unanimously approved an appropriation of $400 to Watson Funeral Home to assist with burial costs associated with the late Lucy E. Miller.

Enterprise Zone Applications: John R. Pick, City Administrator, Salisbury, is requesting Council’s approval of Enterprise Zone Benefits designation for Shore Distributors, Inc. and the Bank of Delmarva. The City of Salisbury administers the application process for this program to encourage industries to locate in areas identified as enterprise zones and to reinvest in such properties. Both applications received approval of the Salisbury City Council on February 27, 2006. On motion of Mr. Dodd, second by Mr. Taylor, Council also unanimously approved the designation.

Appointment: Council is notified that Mr. John F. Hack has submitted his resignation from the Wicomico County Airport Commission, due to relocation. The Airport Commission recommends the appointment of Mr. Brent C. Miller to complete the remaining term of Mr. Hack. On motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved the appointment of Mr. Miller.

Items for Airport Commission: Mr. Shea introduced Robert L. Bryant, Airport Manager, to review the following requests:

Approval of FAA Airport Improvement Program Grant – Master Agreement: Mr. Bryant explained that grants issued by the Federal Aviation Administration contain specific grant assurances. During a meeting on February 7, 2006, the Airport Commission recommended Council’s approval for the new FAA Master Agreement. On motion of Mr. Taylor, second by Mr. Dashiell, Council unanimously accepted the Airport Commission’s recommendation of acceptance.

Delta Airport Consultants Amendment No. 18: Mr. Bryant reported that this amendment provides management and engineering services during the construction phase of Runway 14-32 Rehabilitation and Extension project. The total cost of this amendment is $671,857; the federal grant will cover 95% of the cost, with Maryland Aviation Administration and the Airport Commission equally sharing the remainder. It should be noted that the Airport has sufficient funds to pay its portion of $16,796. Following brief discussion and on motion of Mr. Dodd, second by Mr. Dashiell, Council unanimously approved Amendment 18 as submitted.

Delta Airport Consultants Amendment No. 20: This amendment provides preliminary work for the proposed acquisition of property located under the Runway Protection Zone for Runway

14-32. The cost of 8,588 will be paid by an FAA grant of $8,349, with the remainder paid by Maryland Aviation Administration and the Airport in equal amounts. On motion of Mrs. Bartkovich, second by Mr. Taylor, Council unanimously approved the amendment as submitted.

Public Library: Mr. Shea asked Tom Hehman, Administrator, Wicomico County Public Library, to present a request for funds. Mr. Hehman explained that the Library Board of Trustees is requesting approval for the transfer of $8,000 from the Capital Reserve Fund pay for the architectural analysis associated with its Library Needs Assessments Study.

Mr. Hehman also reported that the Library obtained a $7,500 grant from the Community Foundation of the Eastern Shore to help fund the study. On motion of Mr. Long, second by Mr. Taylor, Council unanimously approved the request.

Notifications of Intent to Annex: Mr. Shea stated the County has been notified by the City of Salisbury of two annexations, one of which is located on Merritt Mill Road and known as the Three Blind Mice annexation and the second located on North Park Drive, known as the Davis annexation. This is for information purposes only and does not require Council action at this time.

Public Drainage Associations: Mr. Shea presented the following levies and appointments for Council’s approval:

CROP WOODLAND MANAGERS

PDA per Acre per Acre $ MINIMUM AND TERM

Allen 3.00 0.75 15.00 Ulysses Polk, 3 yr

Rosalie Fields, 2 yr

Ellen Gray, 1 yr

Aydelotte 2.50 1.25 10.00 Sidney Richardson, 3 yr

Richard Layfield, 2 yr

David Fitzgerald, 1 yr

Beaverdam 2.00 0.50 15.00 John Lee Taylor, 3 yr

Arden Hickman, 2 yr

John Adkins, 1 yr

Dividing Creek 6.00 3.00 25.00 Stanley Brown, 3 yr

Jimmy Johnson, 2 yr

Roger L. Richardson, 1 yr

Givans 0.50 0.50 10.00 Ben Brittingham, 3 yr

Gorman Brittingham, 2

Paul Brittingham, 1 yr

Green Branch 2.10 0.70 15.00 J.D. Ireland, 3 yr

Bud Hudson, 2 yr

Todd Richardson, 1 yr

Head of Creek NO LEVY Brian Berkey, 3 yr

Alma Asbury, 2 yr

Harrison Langeler, 1 yr

Horsebridge 0.40 0.10 8.00 Raymond F. Adkins, 3 yr

Oren Perdue, 2 yr

Tom Johnson, 2 yr

Larry Furst, 1 yr

Laws NO LEVY Victor Laws, 3 yr

Ben Brittingham, 2 yr

Robert Davis, 1 yr

Mill Branch 2.00 0.50 10.00 David Kenney, 3 yr

Donna Insley, 2 yr

Frank Inscoe, 1 yr

Nanticoke 7.00 3.50 20.00 Kenneth White, 3 yr

Lawrence Elsey, 2 yr

Herman Turner, 1 yr

Nebo Road 6.00 0.00 30.00 Ruth Brittingham, 3 yr

Goldsboro Lawrence, 2 yr

Clifton Lawrence Sr, 1 yr

Passerdyke 3.75 1.25 20.00 Tom Banks, 3 yr

Robert Gannon, 2 yr

Charles Fleming, 1 yr

Pine Branch 3.00 1.00 15.00 Tom Donaway, 3 yr

Jacob Jones, 2 yr

George C. White, 1 yr

On motion of Mr. Long, second by Mr. Dashiell, Council unanimously approved the levies and appointments as submitted. Mrs. Bartkovich asked the County Attorney of the status of the proposed Texas Road PDA. Mr. Baker responded that the Board of Managers has approved the establishment of the PDA.

Wor-Wic Community College: Mr. Shea referenced the fact that only one bid had been received by the College for the Workforce Development Center project. In addition, that bid was $1.4 million over the funds available from all sources. While the project could be placed out to bid again, indications show that re-bidding would probably result in an increase in price; in addition, the one vendor, Whiting-Turner Construction Company, who placed a bid, does not re-bid projects. Therefore, the College might be left with no bidder at all. Wor-Wic then consulted with Whiting-Turner to reduce the cost of the project; as the result of that meeting, it was determined that the local share could be reduced to $500,000, with Worcester County’s portion totaling $165,000 and $335,000 for Wicomico County. Mr. Shea discussed possible funding sources for the County’s share, should Council agree to fund its portion, with the Finance Director, Pat Petersen. Mrs. Petersen stated that unanticipated interest revenue, which is available at Council’s discretion, might be considered. If Council agrees to fund the additional cost, the amount must be approved in the Capital Improvement Budget.

Mr. Long confirmed that such projects face rising construction costs and was pleased that the College and the construction company were able to scale the project to an acceptable level. Mr. Sarbanes remarked that community colleges offer quality education at a cost savings to students. Mr. Taylor motioned to approve the request for additional funds, which was seconded by Mrs. Prettyman. Mr. Dodd reiterated the importance of the Community College to the Lower Shore and expressed his strong support of the motion. Mr. Dashiell stated that the proposed facility would help provide additional services not only to the College, but the community as well and was very glad that the County had the resources to assist. Mr. Shea asked that the motion include the statement that the funding must be included in the County’s Capital Improvement Plan. Mrs. Prettyman asked the Finance Director the total unanticipated interest revenue on record; Mrs. Petersen responded that total year-to-date interest as of the end of January is $891,906; total budgeted amount was $550,000, therefore, there is an additional $341,000 that could be used. Mrs. Petersen also asked that any motion would include her certification of available funds. Mrs. Prettyman asked Mr. Shea why this allocation must be shown in the Capital Budget; Mr. Shea said Council has previously approved capital projects at a certain funding level; this capital project increases that approval level and Council now must increase the Capital Plan. This amount, however, does not have to be included in the County’s bond issue, since the source has already been determined. Calling for a vote, Council unanimously approved the amended motion to fund its portion, $335,000 certified, to be included in the Capital Improvements Program/Budget.

Dr. Hoy expressed the College’s appreciation for Council’s support.

Capital Improvements Program/Budget:

Mr. Shea referred to a list of capital projects that Council had approved and asked if there were any questions or changes. At Mrs. Prettyman’s inquiry, Mr. Shea stated that the capital funding just approved for Wor-Wic Community College would be reflected in the Projects Category, with the total deducted in the Projects Funded From Other Sources Category, thus, no change in the total proposed Bond Issue of $11,930,585.

Mr. Sarbanes called for a motion. Mr. Long moved for approval of the CIP/Budget;

Mr. Taylor provided a second.

Mrs. Prettyman asked for confirmation of the County’s intent to forward fund $2 million for the James M. Bennett project. Mr. Shea confirmed that the Capital Budget shows Bennett at

$9.8 million, $2 million of which would reimburse the County. With Mr. Sarbanes calling for a vote, Council unanimously approved the budget. Mr. Sarbanes thanked Mr. Shea and staff for their work on the Capital Plan.

Department of Housing and Community Development: Lori Carter, Planning & Zoning, explained that State On-Behalf-Of funding of $7,226,349 for Wicomico County has historically been set aside for single family construction within the designated Priority Funding Area. Council is now being asked to consider authorizing use of these funds outside the PFA to benefit more citizens, an action that Ms. Carter recommends. On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved the request.

DEPARTMENT OF FINANCE

Patricia Petersen, Director of Finance, submitted the Contingency Report, which reflects a total $34,924 expended to date, leaving a balance of $940,075.

Permit: Mrs. Petersen is recommending approval to issue a Permit to Operate for the Holiday Day Inn Express. The company has met all criteria to quality for renewal of the permit. On motion of Mr. Dodd, second by Mrs. Bartkovich, Council unanimously approved the request.

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director and John Redden, Deputy Director, submitted the following subdivision plats for review:

Subdivision: Parsonsburg Woods DPW No. 6-06

Location: Morris Leonard Rd. & Parsonsburg Rd.

Applicant: Fuller Hall Associates

Owner: Parcel 117: Eastwood Dev., LLC Parcel 304: Glenn & Dawn Ains

Applicant proposes to subdivide two existing parcels into four lots. One lot will front and have access on Parsonsburg Road as well as Old Oak Road; the remaining lots will front and have access on Morris Leonard Road, a minor collector. Following thorough review, Public Works recommends approval to the Planning Commission, subject to the following conditions: 1) the final plat shall comply with subdivision and Forest Conservation regulations; 2) Health Department approval is required; 3) the set-aside shall be established by both plat and deed; 4) that portion of this property located within the Beaver Dam Public Drainage Association is subject to the conditions, easements and restrictions thereof. Adequate drainage and maintenance easements should be provided for the existing ditches.

Following review, Council concurred with all conditions and the recommendation to the Planning Commission.

Subdivision: Kamron Meadows DPW No. 5-06

Location: Log Cabin Rd. & Memory Garden Lane

Applicant: Hampshire, Hampshire & Andrews

Owner: Carpenter’s Square, Inc.

Applicant proposes to subdivide an existing parcel into six lots, all of which will front and have access on Log Cabin Road, a minor collector. Lot 6 will also have frontage on Memory Garden Lane, a major collector. The Department recommends approval of this subdivision by the Planning Commission, contingent upon the following conditions being met: 1) the final plat shall comply with subdivision regulations and Forest Conservation regulations; 2) Health Department approval is required; 3) the set-aside shall be one contiguous area which is established by both plat and deed; 4) Lot 6 shall have denied direct vehicular access to Memory Garden Lane and be noted on the final plat as such;

5) an ingress/egress easement on Lots 5 and/or 6 shall be established if access to Parcel 37 is deemed necessary; 6) a not referring to the Right to Farm regulations shall be noted on the final plat; 7) any existing utility easement located along Memory Garden Lane must be shown on the final plat; and 8) this development is partially located within the Paleochannel Overlay District and is subject to the restrictions thereof. A note to this effect must be placed on the final plat.

There was discussion as to whether this proposed subdivision might have any adverse effect on the Paleochannel; however, Public Works staff indicated there would be none.

Following discussion, Council concurred with the recommendation and all conditions stated.

Subdivision: Green Valley Estates DPW No. 3-06

Location: Old Railroad Rd. & Deerfield Rd.

Applicant: Davis, Bowen & Friedel

Owner: Contract Purchasers: Bay Boys, LLC Ronald Bridge

Applicant proposes to subdivide six existing parcels into 42 lots. These lots are proposed in three clusters. Six lots will front and have access on a proposed interior street of Riggin Road, a minor collector. Sixteen lots will front and have access on proposed interior streets off Deerfield Road, a minor collector. The remaining twenty lots will front and have access on proposed interior streets off Old Railroad Road, a major collector. Public Works recommends approval by the Planning Commission subject to the proposed conditions being met: 1) the final plat shall comply with subdivision and Forest Conservation regulations; 2) the set-aside shall be one contiguous area which is established by both plat and deed; 3) Health Department approval is required; 4) that portion of this property located within the Mill Branch Public Drainage Association is subject to the conditions, easements and restrictions thereof. Adequate drainage and maintenance easements should b provided for the existing tax ditches; 5) construction improvement plans shall be submitted for approval to the Public Works Department;

6) all corner lots shall have denied direct vehicular access to the existing county roads;

7) direct vehicular access from this property shall be denied to U. S. Route 50; 8) a note referring to the Right to Farm regulations shall be noted on the final plat; 9) any existing utility easement located along Deerfield Road must be shown on the final plat; 10) a Homeowners Association shall be created to maintain the stormwater management facility, drainage and maintenance easements and forest conservation easements;

11) street names, lot numbering and block lettering shall be as approved by the Public Works Department; 12) road widening along the existing county roads shall be provided thirty feet from the center of the roadway; 13) to ensure proper drainage, off-site drainage improvements and/or additional stormwater management may be required; 14) off-site road improvements may be required to address road safety and capacity issues.

Mr. Jerry Friedel added that the referenced drainage issues are being assessed and any associated costs shall be borne by the Developer. Following brief discussion, Council concurred with the recommendation and all conditions stated.

Public Meeting: For information purposes, Mr. Sharma reiterated that the State Highway Administration is holding a public meeting tomorrow at 4:00 p.m. at the office on West Road, to review a Master Plan for road improvements, of which Pemberton Drive, Parsons Road and Md. Route 349 are included. Council members are invited to attend.

County Roads: Mr. Sharma requested Council approval to take Berwyn Circle, which has been constructed to meet the necessary County criteria, into the County roads system. On motion of Mr. Dodd, second by Mr. Long, Council unanimously approved the request.

PUBLIC HEARING

Lori Carter, Deputy Director, Planning & Zoning and David J. Ryan, Executive Director, SWED, Inc., conducted a public hearing to receive comments and questions on the proposed expansion of the Salisbury-Wicomico County Enterprise Zone, which would add approximately 364 acres to the existing Enterprise Zone.

There were no public comments and the public hearing was concluded. On motion of Mr. Long, second by Mrs. Prettyman, Council unanimously approved a resolution of support, as required by the Maryland Department of Business and Economic Development.

COUNTY ATTORNEY

Edgar A. Baker, Jr., motioned to hold a Legislative Session. Council concurred.

The Legislative Session was conducted to introduce the following Bills:

Bill No. 2006-2: An act to add Chapter 130, titled “Developmental Impact Fees” to the Wicomico County Code.

Bill No. 2006-3: An act to amend Chapter 174 of the County Code titled “Nuisances”, by creating Section 174-6 entitled “Firearms”, prohibiting the discharge of firearms within 1,000 feet of a school.

Bill No. 2006-4: An act to amend Chapter 158 of the County Code titled “Hazardous Materials”, Section 158-6 titled “Collection and Disbursement of Funds for Cost Recovery”.

Bill No. 2006-5: An act to amend Chapter 183 of the County Code, entitled “Plumbing”,

Section 183-30 entitled “Licensing of Plumbers” to eliminate the requirement t0provide a $5,000 sewage bond.

This information is to provide a brief description of Bills introduced this date. Legislative Minutes are separate from Executive Session minutes.

PLANNING, ZONING AND COMMUNITY DEVELOPMENT

Additional Funds: John F. Lenox, Director, advised Council that the Salisbury/Wicomico Metropolitan Planning Organization has received an additional $52,763 in Federal and State monies to help fund a variety of transportation planning purposes such as staff salaries and GIS expenses, purchase of traffic counters and the hiring of consultants to conduct planning studies for several roadway corridors in the Metro Core. Mr. Lenox then requested Council approval to add this unanticipated revenue to the organization’s account. On motion of Mr. Dodd, second by Mr. Dashiell, Council unanimously approved the request.

Reactivation of Committee: Mr. Lenox requested Council approval to reactivate the Agricultural Reconciliation Committee in conjunction with the Right to Farm law. The intent of this law is to discourage neighbors from pursuing nuisance lawsuits against farmers who practice sound management principles in their daily operations. Consequently, the Agricultural Reconciliation Committee was established to arbitrate and mediate such disputes. Staff contacted the specific organizations referenced in the Code and requested nominations. The results are as follows:

ORGANIZATION NOMINEE TERM_____

Wicomico County Farm Bureau Charles Wright, IV 4 years

Coastal Board of Realtors Elaine Gordy 4 years

Wicomico Co. Soil Conservation Distr. Lee Richardson 3 years

Agricultural Preservation Advisory Board Quinton Riley 3 years

Delmarva Poultry Institute Zeke E. Collins 2 years

Chamber of Commerce Brent Kenney 2 years

Homeowner’s Associations vacant 1 year

Mr. Lenox also explained that the Code specifies that a “municipality representative” shall serve as an alternate member and to be rotated between the incorporate municipalities on a yearly basis. Council is requested to identify the preferred manner in which to fill the remaining vacancies.

With Mr. Dodd beginning discussion regarding the necessity of a municipal representative, Mr. Lenox responded that this is a requirement; also, there is a gap in representation for the northwest portion of the County. Council suggested that Mr. Lenox ask Sharptown officials to designate such a representative. Also at Council’s suggestion, Mr. Lenox will seek a representative to fill the Homeowners Association vacancy. As the final point of discussion, Mr. Lenox advised that the Chair of this committee is to be appointed by Council. Mr. Lenox was instructed to ask the committee members to make a recommendation at its first meeting, with Council to take subsequent action. On motion of Mrs. Prettyman, second by Mrs. Bartkovich, Council unanimously approved the appointments to the Agricultural Reconciliation Committee as stated above.

OFFICE OF THE SHERIFF, WICOMICO COUNTY

R. Hunter Nelms, Sheriff, came before Council to request a supplemental appropriation in the amount of $55,000 to fund fuel costs for the Sheriff’s Office. Sheriff Nelms referenced the fact that the original budget request of $169,000 for fuel was approved by Council at $115,000. On motion of Mr. Dodd, second by Mrs. Prettyman, Council unanimously approved a transfer of $55,000 from the Contingency Fund.

RECREATION, PARKS & TOURISM

Gary W. Mackes, Director, presented the final Land Preservation and Recreation Plan for adoption. He reported that public input from two public meetings had been productive and resulted in some revisions. The Plan may be accessed by the public at the County website, the County Planning & Zoning office, the Public Library and at the Wicomico Youth & Civic Center. Mr. Taylor motioned to approve adoption of the Plan, followed by a second by Mr. Long. Council comments addressed the Plan’s reference to private water and sewer systems and associated shared facilities agreements and the role of viable Transferable Development Rights. Following discussion, Council unanimously approved the Land Preservation and Recreation Plan.

Approval of Event: Mr. Mackes reported that the Shorebirds organization would like to host an event on June 17, 18, 2006. This request does not conflict with any other events at the Civic Center. On motion of Mr. Dashiell, second by Mr. Taylor, the request was unanimously approved.

DEPARTMENT OF HUMAN RESOURCES

S. Michael Thompson, Director, and Mr. Shea reminded Council that the reorganization of the Human Resources Department was discussed during last meeting’s work session and now requires formal approval during Executive Session. On motion of Mr. Long, second by

Mr. Dashiell, Council approved the request as submitted.

Mrs. Prettyman inquired on the status of the Employees Retirement Investment Trust.

Mr. Thompson stated that ballots were provided to each County employee; the deadline date for voting has not yet passed.

PUBLIC COMMENTS

Ms. Karen Basile thanked Council for the introduction of the Impact Fee Legislative Bill and encouraged swift adoption.

COUNCIL COMMENTS

Mrs. Prettyman questioned an issue reported in the local newspaper, whereby the City of Salisbury stated that the County had not responded to their correspondence about a management agreement for the Government Office Building. It was generally agreed that neither staff nor Council had knowledge of the document; Mr. Shea will research and pursue the matter with the City of Salisbury.

Mr. Taylor wished to voice his support for the removal of the existing revenue cap, in an effort to restore financial health to the County.

Mr. Taylor motioned to authorize a closed work session for the purpose discussing personnel issues and contract negotiations. The motion received a second from Mrs. Prettyman and unanimously approved

This concluded Executive Session and the meeting 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