Wicomico County,
The County Council of Wicomico County, Maryland met in Executive Session on Tuesday, April 5, 2005 at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland. Council members in attendance: Anthony Sarbanes, Charles R. Dashiell, Jr., Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long and Larry W. Dodd
President Sarbanes brought the meeting to order and on behalf of the County Council, extended sympathy to the Perdue family, acknowledging the many accomplishments and contributions of the late Franklin Perdue.
The following Proclamations were presented:
Mrs. Bartkovich presented a Proclamation recognizing Fair Housing Month, which was received by Lori A. Carter, Deputy Director, Planning, Zoning & Community Development.
Mr. Long presented a Proclamation to Thomas Hehman, Administrator, Wicomico County Free Library recognizing the week of April 10-16, 2005 as National Library Week.
Mr. Sarbanes presented a certificate to Karen F. Parsons recognizing her as Wicomico County’s 2005 Teacher of the Year.
On motion of Mr. Dashiell, second by Mrs. Bartkovich, the Minutes of March 15, 2005 were approved as submitted.
Theodore E. Shea, II, submitted the following items for Council’s consideration:
Development Project – former Salisbury Mall: Messrs. Gary Mackes, Recreation, Parks and Tourism, David Ryan, Executive Director, SWED, Inc. and Michael Dunn, President of Salisbury City Council, provided an overview of the proposed project. Mr. Mackes explained events to present, with Mr. Dunn describing the joint efforts of the City and County to bring the project, estimated at $180 million to $200 million, to fruition. Chesapeake Realty Ventures, developer, has agreed to set aside six acres, three of which are earmarked for additional Civic Center parking space and three acres as a site for a hotel. Mr. Ryan referred to the project’s positive economic impact and reported that the Developer has agreed to a maximum bond issue of $19.8 million in conjunction with its Tax Incremental Financing for the project; the County’s portion is approximately $12.8 million, with the remainder being the City’s portion. Ed Baker, County Attorney added that all parties would continue to negotiate the entire agreement
Mrs. Prettyman asked about previous legislation for this project. Mr. Baker explained that the legislation references a Contribution Agreement, to take effect in sixty days.
In the interim, the actual agreement shall be written and presented to Council at the end of sixty days. Mr. Ryan added that the marketing of this project is ongoing, with both residential and commercial interest shown. At Mrs. Prettyman’s inquiry, Mr. Mackes reported that the Hotel Feasibility Study should be completed by the end of May. This study will be made part of the proposal request to potential investors. Mrs. Bartkovich,
Mr. Taylor and Mr. Dashiell expressed their appreciation to Messrs. Mackes, Dunn and Ryan for their efforts. Mr. Sarbanes thanked Tourism staff and Board representatives for their support.
Request for Supplemental Appropriation: The Board of Education of Wicomico County is requesting Council approval to utilize $74,000 representing unanticipated state aid for nonpublic special education placements. If approved, the funds would be transferred to the Board’s current unrestricted budget for FY 2004-2005, category Special Education.
On motion of Mr. Long, second by Mr. Taylor, the request was unanimously approved.
The Board of Education advised that due to enrollment adjustments, the original Maintenance of Effort calculation for FY 2005 has been understated by $5,615.00. The Board is required to certify County funding of the MOE to the Maryland State Department of Education; therefore, a supplemental appropriation is needed.
Mrs. Prettyman asked specific questions regarding enrollment figures, as well as the projected figure for Maintenance of Effort for 2006, to which Mr. Bruce Ford responded.
On motion of Mr. Taylor, second by Mr. Dodd, the request was unanimously approved.
Mr. Shea advised Council the motion would require approval of a transfer from Contingency to the Board of Education’s operating account. Mr. Taylor amended his motion to include the specifics of the transfer; Mr. Dodd amended his second also, and the motion received unanimous approval.
General Services Request: Mr. Shea submitted a request for a transfer of funds to pay operational expenses for the Drill Academy facility. On motion of Mrs. Prettyman, second by Mr. Taylor, Council unanimously approved a transfer in the amount of
$2,214.48. Mrs. Bartkovich expressed her appreciation for Mr. Buob’s efforts to minimize electric costs at the facility.
Burial Expenses: Mr. Shea submitted a request on behalf of the Bennie Smith Funeral Home for monetary assistance in the burial costs of the late Vernon Gattis. Assistance in the amount of $400 was unanimously approved, on motion of Mr. Taylor, second by
Mr. Dashiell. Finance Director Pat Petersen advised Council that a prior payment of $400 had been returned to the County; therefore, those funds would be used in this transaction, negating the need for an actual transfer of funds. Council concurred.
Request from State’s Attorney’s Office: Mr. Wayne Lowe, State’s Attorney’s Office, came before Council to seek approval to use grant funds from the Project Safe Neighborhood and Project Cease Fire to hire an additional Assistant State’s Attorney.
The new employee would administer the program Wicomico Exile in addition to trial duties. Mr. Lowe also stated that a grant would cover all associated expenses for at least the first year. The Office is also confident that grant funds for at least the attorney’s position will be secured for the next year. On motion of Mr. Dodd, second by Mr. Taylor, Council unanimously approved the request.
Recreation, Parks and Tourism: The Recreation Commission is requesting approval of a two-day alcohol license for the “Pork in the Park” event later this month and a one-day alcohol license for Lawn Mower Races to be held in May. On motion of Mr. Taylor, second by Mr. Dodd, Council unanimously approved the requests as submitted.
Fruitland Request to Renew State Enterprise Zone: Mr. Shea recalled a County Council letter submitted to the State in 1995, requesting a State Enterprise Zone for the City of Fruitland. The designation was approved for a ten-year term. The Fruitland City Council is now planning to submit an application seeking renewal of the existing Enterprise Zone and is requesting County support once again. Rick Pollitt, Fruitland’s City Manager also advised that the City is working with Dave Ryan, Salisbury-Wicomico Economic Development, Inc., to prepare for plans to develop two commercial properties outside the City limits. Following brief discussion, Mrs. Prettyman motioned to approve the request.
The motion received a second by Mr. Taylor and was unanimously approved.
Council President: At 10:50 a.m., Mr. Sarbanes advised that he would be leaving and that Mr. Dashiell would preside over the remainder of Executive Session.
Bond Sale: Mr. Shea reported that County’s Bond Counsel has successfully negotiated the sale of the $3,498,000 bond. By Council’s authority, the Administrative Director accepted the low bid interest rate of 3.90% submitted by SunTrust Leasing Corporation. Mr. Shea requested Council’s formal concurrence. On motion of Mr. Long, second by Mrs. Prettyman, Council unanimously concurred with six favorable votes.
Proposed Budget: Mr. Shea announced that the proposed FY 2005-2006 Operating Budget has been presented to Council. Copies for the public will be made available April 6, 2005.
Emergency Services – Proposed Mitigation Plan: Sandy Silvia, Director of Emergency Services, introduced Ms. Kim Golden Brant, Virginia McMann and Mr. Ben Sampson of S&S Consulting, LLC, the firm that prepared the proposed Plan. Ms. Silvia explained that in order to be eligible for Mitigation grant funds, all counties must submit a Mitigation Plan to the Federal Emergency Management Agency. All incorporated towns were offered the opportunity to write their own Plan or to join the County’s Plan. FEMA also made grant funds available to jurisdictions for the preparation of such a Plan. Mr. Sampson and staff gave a brief overview of the Multi-Hazard Mitigation Plan, which addresses County Profile, Previous Hazard Mitigation Efforts, Hazard Identification and Risk Assessment, Community Capability, Vulnerability Assessment, Mitigation Strategies and Plan Maintenance and Implementation. Today’s presentation precedes a public hearing as required by Federal law.
Ms. Silvia also reported that Emergency Services has just received notification of the 2005 Homeland Security Grant funding. She asked for Council’s permission to proceed with the Memorandum of Understanding to obtain an approximate $600,000 grant. On motion of Mr. Taylor, second by Mrs. Prettyman, Council unanimously approved the request by six votes.
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, submitted the following items of business.
Financial Report: Being the first meeting of the month, Mrs. Petersen reported that the Contingency Fund reflects usage of $258,337, leaving a balance of $641,663. Funds used to date to pay costs associated with the Drill Academy now total $6,768.
State Fire Grant: Mrs. Petersen has been advised that responsibility for oversight of the administration of the referenced grant has now been assigned to the Department of State Police, under the Annotated Code of Public General Laws of Maryland. The County is now being asked to provide detailed information for the disposition of its 2005 grant.
The Finance Department will notify all volunteer fire departments, advising them of the information now required. Mrs. Petersen added that the State has been notified that all information requested would be forwarded directly from the fire departments, rather than the County. Mrs. Prettyman asked why this procedure was changed. While she was not positive, Mrs. Petersen suggested that the Maryland State Police were better suited to the administrative responsibilities. The Administrative Director suggested the County should determine the possible effect on all grant funds if one or a number of volunteer fire departments did not comply with the new State requirements.
Appointment: Mrs. Petersen announced the appointment of Stephanie Sandrock, County Grants Developer, to the Governor’s Grant Office Project Work Group.
Request from Shore Up: Taylor referred to the Energy Assistance program at Shore Up! Inc. whereby the County serves as the “pass through” agency. The State allows an administrative fee be charged to the grant funds, which the County imposed.
Mr. Fred Mitchell, Shore Up! Inc. had mentioned that his agency had not been informed of this fee. Therefore, Mr. Taylor is asking Council to approve payment of the full funding amount to Shore Up this fiscal year, with the administrative fee to take effect next fiscal year. On motion of Mrs. Prettyman, second by Mr. Taylor, Council approved the request by six unanimous votes.
PUBLIC HEARING:
P. Rai Sharma, Director, County Department of Public Works conducted a public hearing to hear protests and objections to an amendment to the Wicomico County Water and Sewer Plan allowing inclusion of five proposed residential developments with projected water and sewer usage per day, as follows: Pemberton Ponds, Phase 2, 24,250 GPD; Parsons’s Lake, 375,000 GPD; Glen Heights, 23,000 GPD; Aydelotte Farms, 196,500 GPD; Millers Edge, 22,000 GPD. All five developments are to be served by public water and sewer from the City of Salisbury. Mr. Sharma referenced a memorandum from Dale Pusey, Salisbury City Department of Public Works (Mr. Pusey was in attendance) that advises that in an effort to avoid overloading Salisbury’s municipal wastewater infrastructure, the City would approve specific development phases for the referenced projects over a period of time, since the City does not have the capacity to service all at this point in time. The City of Salisbury plans to expand its wastewater treatment facility from 6.8 MGD to 8.5 MGD (million gallons per day), to be completed by 2008. Consequently, these and future developments would have to be phased in. Mr. Dashiell then opened the floor for public comments and Council comments.
There were many questions and concerns posed to Mr. Pusey, who assured Council that the City would not allow development to exceed water and sewer capacity and a monitoring plan is being developed at this time. Mr. Pusey is hopeful that the Plan would be completed within the next three to six months; Mr. Dashiell responded that the County Council would like to have a copy of the completed plan. Mr. Dodd and Mrs. Bartkovich also questioned the approval of development without a water/sewer service plan in place; they also referenced the fact that many of the developments had pre-annexation agreements with Salisbury. Mrs. Prettyman, referencing similar requests recently presented to Council, stated that she would not support the requested amendment.
Mr. Brian Lloyd, local developer for the Aydelotte and Glen Heights projects, gave support to Mr. Pusey’s remarks, reiterating that most developments are built in phases over a considerable length of time and hoped Council would work with the City to allow them to proceed with the Maryland Department of the Environment permitting process.
Prompted by Mrs. Prettyman’s question, various Council members discussed and agreed that the County should be made aware of potential development involving County water/sewer plan amendments in the preliminary stages, rather than at this stage.
Mrs. Prettyman also questioned any legal liability to the County when amending its Water/Sewer Plan, should the City be unable to meet water/sewer demands. Mr. Sharma also discussed the need for more communication between the City and County departments involved in the planning, review and approval process for developments.
At that time, Mr. Dodd asked Mr. Sharma if the County Public Works has a plan to define when new measures must be observed relative to requesting a water and sewer plan amendment. Mr. Sharma responded that the department would depend on formal direction from Council. Mr. Taylor motioned to approve the amendment was duly carried with Mrs. Bartkovich, Messrs. Dodd, Long and Dashiell voting in favor and Mrs. Prettyman voting in opposition.
PUBLIC HEARING:
Council is requested to support the submission of an application to the Department of Business and Economic Development to request the creation of a new enterprise zone designated as West Side. This proposed enterprise zone covers West Wood Commerce Park located at the intersection of Naylor Mill Road and U. S. Rt. 50 Bypass. Mr. Dave Ryan, SWED, Inc., explained that the original enterprise zone covering Northwood Industrial Park has been a great success and is nearing capacity. A new enterprise zone would allow for a new park to house light manufacturing/industry.
There were no public comments or Council comments. On motion of Mr. Taylor to provide a letter of support, the motion was unanimously carried by five favorable votes. Mrs. Prettyman was not present during the vote.
PUBLIC HEARING:
Lori Carter and Jacqueline Kamp, Planning & Zoning, conducted a public hearing for the purpose of providing a required update of Community Development Block Grants and to receive public comments, as follows:
Village of Hope, Inc., received a grant of $114,190 to expand its medical clinic. All funds have been expended.
Homes for America received a grant of $100,000 to construct a community center for the complex, Homes at Fairfield. All funds have been expended.
Grant awarded to Planning, Zoning & Community Development for $200,000 to continue its Housing Rehabilitation Program, of which $150,000 was used for actual housing rehabilitation; $2,000 to Coastal Communities Housing Resources Board; $10,000 relocation costs for residents during rehabilitation; and $38,000 for project administration.
Maryland Capital Enterprises received a grant of $150,000 to continue its efforts of assistance and loans to small businesses. The grant has allowed MCE to expand its work into Dorchester, Queen Anne and Kent Counties.
There were no public comments.
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director, submitted the following items of business:
Subdivision Plat: for Brown and Harmon DPW No. 5-05
Location: Bent Pine Road
Applicant: Steven Warren
Owner: Estate of Laura Brown & Alice Harmon
Applicant proposes to subdivide an existing parcel into two lots, both of which will front and have access to Bent Pine Road. Lot 2 is proposed as a pipestem lot and if approved, would require the front building setback established. The department 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 front building setback line on Lot w shall be established by the Planning Commission.
Mrs. Prettyman asked if the applicant is aware of the restrictions that accompany a pipestem lot, to which the Mr. Sharma replied affirmatively. Council then concurred with the recommendation.
Subdivision Plat: Hunting Park DPW No. 7-05
Location: Fountain Road
Applicant: ESP Design Services, Inc.
Owner: Samuel L. Miller and Barbara H. Haberstroh
The applicants propose to subdivide and existing lot. The Fountain Road Water Urban Service District and the Riverside Sewer Urban Service District serve the property.
Consequently, if approved, any front footage assessment due must be paid. Mr. Sharma’s department is recommending approval to the Planning Commission contingent upon the following conditions being met: 1) the final plat shall comply with subdivision and Forest Conservation regulations; 2) Health Department approval is required; 3) both lots are subject to the requirements of the Neighborhood Preservation Overlay District.
Following brief discussion, Council concurred with the recommendation and conditions.
Status of County Roads: Mr. Sharma presented an in-depth written report on the County road system. Points highlighted included increased costs of materials, reduction of available funds; difficulty in retaining trained employees and projected retirements.
Mr. Sharma asked Council to give serious thought to identifying additional revenue sources to fund critical infrastructure needs. Mr. Dashiell thanked Mr. Sharma for the report.
COUNTY ATTORNEY
Edgar A. Baker, Jr., County Attorney, referred to a prior agreement between Council and Onley Road Associates, in relation to a development and the widening of Onley Road.
The agreement stated that the County would design the road, with the Developer responsible for the construction. In addition, the agreement stated that if the Developer were unable to purchase the property needed for the road widening, the County would consider condemnation proceedings. Mr. Baker stated that five of the eleven property owners have agreed to purchase, however, the remaining property owners have not agreed. Mr. Baker explained the condemnation process. When asked, Mr. Redden explained that most of the remaining residents simply have not responded to the Developer. Mr. Redden added that the development is well underway and lack of response to the Developer would not stop the project. The County has tried to accommodate residents who have negotiated with replacing items such as mailboxes, shrubbery, etc. Council members and Public Works staff alike view condemnation as the last resort, however, Mr. Sharma asked everyone to keep in mind that the road widening is a safety issue for all who would live on Onley Road. It is hoped that notice of condemnation would persuade the property owners to sell the necessary footage for fair market value.
Mr. Long then motioned to authorize the County Attorney to proceed with condemnation; a second by Mrs. Prettyman, with unanimous approval.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
John F. Lenox, Director, came before Council with the following items of business:
Annexation: University Park, Phase 2 – This would incorporate the second phase into the City of Salisbury, as was Phase 1. Council consent is recommended. Mr. Dashiell called for Council questions. Mrs. Prettyman asked for and received confirmation that this request was part of a pre-annexation agreement. On motion of Mr. Long, second by Mr. Dodd, Council gave unanimous concurrence.
Annexation: Westwood Commerce Park and Sassafras – Mr. Lenox advised that the request was presented to Council in 2004, resulting in a vote for inclusion in the County Water and Sewer Plan. The State has ratified the projects in a Priority Funding Area and the projects were part of a pre-annexation agreement, which includes annexation of a portion of West Road. Mrs. Prettyman asked why the commercial project and residential project were presented jointly. Mr. Lenox responded that both developers requested extension of City water and sewer services simultaneously; the City plans to annex simultaneously. Mrs. Prettyman stated she would have preferred to review them separately. Mrs. Prettyman referred to the traffic impact the Sassafras development would have; Mr. Sharma advised that the traffic analyses have already been performed and do not project any traffic problems. The commercial development, however, will impact the intersection of Jersey and Naylor Mill Roads, which is being addressed with the Developer.
On motion of Mr. Long, the annexation received unanimous concurrence.
Nuisance Inspection: Mr. Lenox and Pate Matthews, Code Enforcement Officer, briefed Council on an inspection of a dwelling located on Tag Court. Mr. Matthews explained that the dwelling had suffered a fire approximately three years ago and remains in the same condition today. Mr. Matthews has contacted the property owner twice by letter, with no response either time. However, in the last week, Mr. Matthews again visited the site, to find individuals demolishing the dwelling. Mr. Matthews then sent a certified letter to the property owner, requesting that a dumpster or similar containment be placed on site to prevent airborne nuisances. As of yesterday, Mr. Matthews has not received any response. Neighborhood residents are upset with insulation, debris, etc., being blown through the neighborhood. Mr. Matthews is requesting Council’s approval to have the property cleaned. At Mrs. Prettyman’s inquiry, Mr. Matthews explained that the actual property owner is deceased and that he has been trying to deal with a closed relative.
Mr. Matthews also stated that the individual performing demolition had requested the relative contact the Planning & Zoning Office to explain his presence on the property. A complete abatement, to include removal of all debris down to the foundation, as well as cleanup of the property has an estimated cost of $8,000. The property’s tax assessment in 1977 totaled $21,000 (this does not include current market value of the land). Mr. Dodd acknowledged that he had contacted Mr. Matthews regarding this situation and asked that the County move forward with resolving the issue.
Mr. Baker stated that while he has not seen the pictures of the property, he agrees with abatement of the problem. He would like to confer with Mr. Matthews and suggests that Council authorize them to proceed with a complete clean up of the property if the law allows. Mr. Dodd then motioned to approve Mr. Baker’s suggestion; the motion received a second by Mrs. Prettyman. Mr. Dodd asked if the County is required to obtain a permit, to which Mr. Sharma replied affirmatively. Mr. Sharma suggested that the County proceed with the abatement, but leave the foundation in place, unless the foundation’s condition constitutes a safety hazard. Mrs. Prettyman suggested amending the motion to include Mr. Sharma’s recommendation. Mr. Dodd amended his motion to authorize clean up of all health and safety issues on the property. Mrs. Prettyman amended her second. The amended motion then received unanimous Council approval.
Mr. Dodd and Mrs. Prettyman expressed appreciation for Mr. Matthews’ efforts.
HEALTH DEPARTMENT
Dr. Judith Sensenbrenner, Health Officer, came before Council to request authority to use projected FY 2005 budget surplus monies to: $34,500 to purchase three new trucks with caps for Environmental Health; upgrade some of the Fritz and Hurdle buildings’ computer switches totaling $36,315; salary for the Adolescent Pregnancy Prevention Coordinator and associated program costs, $64,500; $8,500 rental for use of space in the Adkins building. This would leave $10,839 in additional surplus. On motion of
Mr. Long, second by Mrs. Prettyman, the requests were unanimously approved as submitted.
PUBLIC COMMENTS: None
COUNCIL COMMENTS:
Mr. Dodd extended his condolences to the Perdue family and encouraged City residents to vote in today’s election.
A motion by Mr. Long to authorize Council to enter closed session, as authorized by the State Government Articles of the Annotated Code of Maryland received unanimous approval.
With no further business to be discussed, the meeting was adjourned.
Minutes of April 5, 2005
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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