The Wicomico County Council met in Executive Session on
Tuesday, April 4, 2006 at 10:00 a.m., Council Chambers,
President Sarbanes brought the meeting to order and called for a motion to approve the Minutes of March 21, 2006. On motion made by Mrs. Prettyman, seconded by Mrs. Bartkovich and unanimously carried, the Minutes were approved as amended.
Councilman Taylor presented the Fair Housing Month Proclamation
to Dennis Hailey, Shore Housing Resource Board, Inc., a nonprofit organization
comprised of business, government and non-profit agencies and individuals
working for Fair Housing in
Mr. Theodore E. Shea, II, submitted the following items of business for Council consideration:
Board of Education staff E. Bruce Ford, Charles Bounds and Sam
Walker together with Patricia Petersen, Finance Director, came before Council
regarding the remaining balance ($670,000) in Capital Improvement Bond #451. The
bond is shared by the Board and the County in the amount of $700,000 to acquire
a financial management system. To date, $30,000 has been expended for a fiber
optic connection between the Library and the
School Resource Officers (SROs)
Sheriff R. Hunter Nelms and Major Doris Schonbrunner wished to confirm with Board of Education staff and Council members that the Board will provide two additional Resource Officers at $37l.72 per day or $22,674.92 for the remainder of the school year, and the Sheriff will pick up costs after the last day of school to the first day of the new school year. Upon motion made by Mr. Dodd, seconded by Mr. Taylor and unanimously carried, Council approved. A discussion ensued regarding location of the officers with Sheriff Nelms and Council members in agreement to station one officer at Mardela Middle and High School and the other as a floater between schools. Board of Education staff will seek confirmation from the Board and advise the Sheriff.
Office of the Sheriff, Sworn Personnel
Sheriff Nelms advised the department has a glass ceiling of 78 sworn personnel. The two additional Resource Officer would increase that number to 80. He requested formal approval to increase the number. Mr. Long offered a motion. The motion was seconded by Mrs. Bartkovich and unanimously carried.
Statewide Open Air Burning Ban
Maryland Department of Natural Resources announced a
statewide ban on open-air burning. Because of critical drought conditions in
2006-2007 Operating Budget
In accordance to the charter, the Wicomico County Council shall receive the Operating Budget in an Executive Session. Mr. Shea presented the 2006-2007 Operating Budget
to Council members; no action is requested at this time. Meetings with departments will begin April 7th in Council Chambers. Copies of Revenues and Expenditures will be available April 5th. The schedule for budget work sessions will be posted on the County’s website.
Information Technology
Due to increased demand, Director Ray Micciche requests repositioning his employees based on new requirements for services; Data Services Technician, Grade 17 to Network Technician, Grade 18 and the Network Technician to Network AS400 Specialists. The impact to the budget for the current year is $1100 and $4665 annually. Mr. Micciche told Council he has $5000 in his budget earmarked for overtime. Because his staffers are exempt employees, they are ineligible for overtime. He requests Council authorize the use of these funds to accomplish the restructuring; the remaining $3900 will revert to the County’s General Fund. Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council approved the request.
Patricia Petersen, Finance Director, submitted the following items of business:
Ms. Petersen stated the Financial Report consists of changes within the Contingency Fund, reflecting this year’s total use of $94,525, leaving a balance of
$880, 475.
Proposed 2006-2007 Semi-annual Payment Service Charge
A provision of State law which affects tax billings for the year beginning July l, 2006 includes a limit of 1.65% for service charges on the second semi-annual billing. Ms. Petersen reported approximately $81,000 in service charges, based on a .514% was collected this year. Interest earnings from October 1, 2005 through December 31, 2005 averaged 3.88%, more than the last year’s average of 1.87% therefore the service charge for next year based on the 3.88% would be 1.06%. Ms. Petersen recommends a service charge for next year of 1.06% on the second semi-annual payment. Upon motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council accepted the recommendation.
Septage Fees
Mrs. Prettyman asked if the past due septage fees had been
paid to the City of
John Redden, Deputy Director, submitted the following subdivision plat for Council’s review:
Subdivision: The Meadows at Barren Creek
Location: Ocean
Gateway (
Applicant: AES
Owner: Dale Hall
PROPOSAL:
The Applicant proposes to subdivide an existing parcel which is currently farmed into thirty-three lots, averaging 1.2 acres each. A 46.4 acre remnant will be created which will serve as the 50% set-aside. Approximately 5.0 acres of right-of-way will also be created for the proposed interior streets.
ACCESS:
All lots as well as the remnant will front and have access to these interior streets. Although the remnant has frontage on Ocean Gateway, direct vehicular access is denied to this State highway.
Department of Public Works Comments:
A Sketch Plat for this property was reviewed by the Planning
Commission on August 18, 2005. At that
time there were several concerns, some of which have since been resolved. Deed research should be performed to
determine if access to Parcel 65 currently exists otherwise, consideration
could be given to providing a right-of-way to the proposed
PROPOSED CONDITIONS:
1. The Final Plat shall comply with the Subdivision Regulations.
2. Health Department approval is required.
3. This subdivision shall comply with the Forest Conservation Regulations as administered by the Planning Office.
4. Construction improvement plans shall be submitted for approval to the Public Works Department.
5. A Homeowners Association shall be created to maintain the storm water management facilities, drainage and maintenance easements and any other common areas.
6. The set-aside shall be one contiguous area which is established by both plat and deed.
7. A note referring to the Right-to-Farm regulations shall be placed on the Final Plat.
8. This development is partially located within the Pale channel Overlay District and is subject to the restrictions thereof. A note to this effect must be placed on the Final Plat.
9. Direct vehicular access to this open space area shall be denied to Ocean Gateway.
10.
The
11. Approval must be obtained from the State Highway Administration for any work within the state right-of-way.
12. Access to the adjacent landlocked property (Parcel 65) shall be provided as deemed necessary by the Planning Commission.
13. A significant landscaped buffer shall be provided between the proposed lots and Ocean Gateway to serve as a sound and visual barrier.
Recommendation: The Department of Public Works recommends approval of this subdivision by the Planning Commission subject to the proposed conditions being met. Mrs. Bartkovich questioned the impact to schools, to which Mr. Redden offered to research. Mrs. Prettyman expressed concern that the property backs up to agriculture lands and questioned if the plat needs a right- to-farm indication. Mr. Sharma stated her concern would be addressed. Council then concurred to with the Department’s conditions and recommendation.
Highway User Revenue
Mr. Sharma was pleased to announce that Highway User Revenue
(approximately $420,000) to
Construction Standards
Mr. Sharma proposed revisions to Construction Standards
relating to road design in
Ferry Overhaul
For information purposes, Mr.
Sharma advised that the Upper and Whitehaven Ferries will be
removed from the water, one at a time for routine maintenance. Upper Ferry will
be pulled in May, and Whitehaven after Labor Day. Council suggested and Mr.
Sharma agreed to pull the Upper Ferry after the last day of school.
EDGAR A. BAKER, JR.,
The Shelter Group (Westbrook Apartment Homes)
Mr. Baker proposed changes to Section 2.06 of the agreement
between
2.06 Payment of
Deferred Taxes. On the earlier of (i) the date on which the Project is refinanced; (ii) the date on which
the Project is sold by the undersigned
Owner; (iiiii)
the date on which the Project is
no longer operated in accordance with
Section 3.06, below; or (iiiv)
the end of the 20-year PILOT Period, the Owner shall pay to the County, to the
extent of "Net Equity Proceeds" (as hereinafter defined), a sum equal
to the difference between all regular real property taxes that would have been
due during the PILOT Period and the total amount of PILOT Payments made to the
County by the Owner or for its benefit, reduced by such prepayment of that sum
as may have occurred. As used herein, "Net Equity Proceeds" shall
mean the net positive difference between (a) net sales proceeds resulting from
the sale of the Project (in the event that the Project is sold); or (b) the net
proceeds resulting from the refinancing of the Project, at the time of such
refinancing (in the event that the Project is refinanced), less the outstanding
principal balance of the First Mortgage owed to SunTrust Bank (or its
successor/assignee). In addition,
Owner shall pay any annual net cash flow after payment of all Project operating
expenses, including, but not limited to, all reserve requirements, any required
payments on the first mortgage owed to SunTrust Bank (or its
successor/assignee) and second mortgage to the State of Maryland, to the City
and County in the same proportion as their respective total deferred taxes.
Said payment shall be applied to and reduce the deferred taxes. Owner shall
forward to County an annual financial statement for the Project within ten (10)
business days of delivering such statement to the State of
P. RAI SHARMA,
DIRECTOR
NOTICE OF PUBLIC HEARING:
At eleven o’clock a.m. a Public Hearing was held for the purpose of
amendment to the Wicomico County Water and Sewer
Plan to allow inclusion of two developments.
One development consists of 62 residential lots located off
Public Comment:
Mr. Sharma shared the mechanics of the system, explained the procedure is to bring the request before the County Council for inclusion in the Comprehensive Water and Sewer Plan (currently under review) and if approved, the request is forwarded to Maryland Department of Environment (MDE) for review and request for approval.
Wicomico County residents Lori Lilly; Robert Leon, (who told Council he represented over 200 concerned citizens who signed a petition), Don Bauer, Eileen Gilheany, Jim Bennett, Paul Carey, Dr. Augustine DiGiovanna, Sharon Clark, Dorothy Truitt and Irving Brewington all expressed their opposition to the Plan. Their concerns included the need for further study, heavy density, pollution, traffic congestion, elevation of water table and atmospheric pressure, safety of package sewage treatment plants, disposal and impacts to groundwater, waterways and the environment; the concentration of sewage near critical areas, long range financial upgrades, drain field reserves, acquisition of lands for a backup and basic control and oversight by MDE.
Brock Parker advised that Parker and Associates is providing the land planning and civil engineering design and Greg Tucker is owner of the project. He explained the project is not a package treatment plant, but rather a community wastewater disposal system; designed to remove on-site septic systems from individual lots and consolidates them to one area. A collection system within the road bed will collect the water and pump it into a pre-treatment system. The water is pressurized and sprayed into underlying drip irrigation fields. The entire property is zoned town residential transition and the average lot size is an acre.
Recalling that revisions are underway to the Comprehensive Water and Sewer Plan, Mrs. Prettyman stated specific guidelines are not in place to address shared facilities. While procedures are in place for the approval process, President Sarbanes suggested taking a step out of order and submitting the request to the Health Department or MDE for an opinion. Mr. Parker stated requesting the Health Department to provide an opinion would add extreme financial costs to the developer and consultant and, MDE will not review the project unless the Council amends the Plan.
Mrs. Prettyman offered a motion to table. The motion was seconded by Mr. Dodd. Mr. Dashiell stated Council has an opportunity to gather information from the experts in this field; who are not necessarily at the State level, but already in the County. While he favors tabling a decision, he is not in favor of tabling it indefinitely. President Sarbanes suggested and Council concurred, to engage in further discussion at its work session on April 18th, together with the County’s technical resources. Mrs. Prettyman amended her motion to include the work session and Mr. Dodd amended the second. The motion was unanimously carried.
Public Comments
for the Pharmacy:
There were no public or Council comments. Upon motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council approved.
PUBLIC COMMENTS
There were no public comments.
COUNCIL COMMENTS
Legislative Session
President Sarbanes reminded the audience of the Legislative Session, April 4, 2006,
7:00 p.m., Flanders Room, Wicomico Youth and Civic Center. Pending Bills are 2006-2,
2006-3, 2006-4 and 2006-5.
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. Mr. Dodd motion to close the meeting and it was unanimously.
There being no further business to come before the Council, the meeting was adjourned.
________________________________________
Anthony Sarbanes, President
_________________________________________
Charles R. Dashiell, Jr., Vice President
_________________________________________
Edward T. Taylor, District 1
_________________________________________
Stevie Prettyman, District 2
_________________________________________
Gail M. Bartkovich, District 3
_________________________________________
Marvin R. Long, District 4
_________________________________________
Larry W. Dodd, District 5
_________________________
Theodore E. Shea, II
Administrative Director
April 4, 2006