Wicomico County, MD
Council Minutes
April 18, 2006
The Wicomico County Council met in Executive Session on
Tuesday, April 18, 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 April 4, 2006. On motion made by Mrs. Bartkovich, seconded by Mr. Long and unanimously carried, the Minutes were approved.
President Sarbanes announced the 2006-2007 Operating Budget
Public Hearing would be held this evening in the Midway Room of the Wicomico
Youth and
Presentations and Recognitions:
Councilman Taylor presented a plaque to Stacey Brown, Most
Valuable Player, Mardela High School Boys Basketball Team. As a retired
educator and administrator of
Vice President Dashiell presented the
Wicomico Partnership for Families and Children, Friend of Children Award
(posthumously) to the family of Lee Cannon Levis for his unselfish commitment,
inspiration, dedication and extraordinary contributions to the lives of
Councilman Dodd presented Letters of Appreciation to Richard
Hall and Jerome Jenkins for their acts of compassion and heroism, which led to
saving the life of Linda Cornelius who was involved in a vehicular mishap March
2006. If not for their heroic efforts
the accident could have been fatal. Mr. Dodd extended gratitude on behalf of
Councilmember Prettyman extended congratulations to Alexis
Dashield, who was recognized by the Daily Record as one of
S. MICHAEL THOMPSON,
HUMAN RESOURCES
Defensive Driving Instructor Training
S. Michael Thompson, Human Resource Director and Ruth Ann
Jenkins, Human Resources Specialist II, advised that the Risk Management
Committee determined
Wicomico Partnership for Families and Children: Local
Management Board (LMB)
Mr. Thompson, joined by Linda Hardman, Director, requested Council approval for a Grants Fiscal Specialist position, Grade 18, to perform grant management/administration, fiscal and office management for the LMB. The Human Resources Director recommends the position. Upon motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council granted approval.
Circuit Court Assignment Commissioner
Wendy Riley, Court Administrator, also received recommendation from the Director of Human Resources to reclassify an existing position in the Circuit Court. The opportunity to restructure the department was afforded due to the retirement of a long-time Assignment Commissioner. The new position will include supervisory and performance management, as well as an education component. Upon motion made by Mr. Taylor, seconded by Mr. Dashiell and unanimously carried, Council approved the request.
Annexations
For information purposes,
Mr. Shea reported the Town of
For information purposes, Mr. Shea
advised the City of
Board of Education
Mr. Shea reported
the Board of Education for
Board of License Commissioners
John Stern and Kimberly
Hitchcock, Pigg, Krahl, Stern & Company, P.A., came before Council regarding
the Liquor Control Board Reserve Policy. In accordance to Article 2B, Section
15-207(g)(3) “After the sums [payment of
any and all sums advanced to or borrowed by the Liquor Control Board] have been
paid, the Liquor Control Board shall be authorized to create and maintain,
subject to the approval of the Wicomico County Council, a reserve fund to
provide adequate working capital and to meet any losses that may be sustained
by the Liquor Control Board in the operation of the dispensaries”. The Board recommended a reserve fund
balance for working capital of inventory plus $200,000, which represents two
months of operating expenses. Mrs. Prettyman posed questions regarding past
year’s budget, projections and revenues. The Director of Finance could not
provide the exact figures (Council had not voted on the reserve policy) and used
the $200,000 as a benchmark; also considered restructuring at the legislative
level. Mrs. Prettyman suggested Mr. Stern work with the Director of Finance to
determine revenue projections and suggested that the figure should increase
over the previous year. Toward that end, Mr. Stern agreed, with the
understanding they would return to Council with a recommendation to establish the Capital
Reserve Fund. Mrs. Prettyman also expressed her opinion that state-owned
dispensaries should not compete with local businesses.
Open Air Burning
Ban
Mr. Shea recalled at
its last meeting Council adopted Resolution No.609, Drought Emergency
Burning Ban; the State of
DEPARTMENT OF FINANCE
Statement
of Latest Investment Rates/Balances for all
Patricia Petersen, Director, submitted the Financial Report. Total General Fund balance as of April 18, 2006, $297,624. Capital Project Fund balance, $53,276,548; Total Major Non-designated Funds, $77,884,011; and Total Reserve Funds of $8,863,605; Contingency Fund balance, $878,375; used $2100 for advertisement of Alexis Dashield, one of Maryland’s Top 100 Women.
Highlights of Significant Financial Transactions
John Ellis, Chief Accountant, reviewed the referenced report citing year-to-date figures for collected and uncollected taxes, investment interest, recordation tax revenue and enterprise account revenues through March 31, 2006.
General
Obligation Bonds
Ms.
Petersen reminded Council the date to travel to
P. RAI SHARMA,
DIRECTOR, DEPARTMENT OF PUBLIC WORKS
Proposed Building
Permit Fees
Mr. Sharma stated
his department’s goal is that all divisions under Public Works be
self-sustaining. To continue achieving the goal he recommends an increase in
building permit fees based on increased construction costs. Upon motion made by
Mrs. Prettyman, seconded by Mr. Long and unanimously carried, Council approved
the proposed building permit fees as submitted. The schedule is available in
the Department of Public Works.
Transfer Station
Permit Fee
Mr. Sharma called
Council attention to the $750,000 annual cost to operate eleven transfer
stations in
OFFICE OF THE
The
PUBLIC HEARING - DEPARTMENT OF PLANNING,
ZONING AND COMMUNITY DEVELOPMENT
Lori Carter, Deputy
Director, Jacqui Kamp, Community Development Planner -
A public hearing was held at 11:00 a.m. in the County
Council Chambers Room 301, to receive input from the public on the County’s
proposed participation in the
Public and Council Comments
Council members joined the support of Dr. Augustine
DiGiovanna,
PUBLIC HEARING - Notice
of Public Hearing- Map Amendment
Frank McKenzie, Chief,
Division of Environmental Planning and Technical Services, conducted the
following public hearing. Mr. McKenzie
was joined by Michael Hickson, Attorney and Walt Maizel, applicant. The staff reports of April 12, 2006 and
November 22, 2005 are part of the record. A recorded tape of the November meeting is
available in the Planning Office. Notice was given in accordance with the
provisions of Article V, Growth Allocation; Classification Changes, Chapter 125
of the Wicomico County Code, Subsection 125-29, “Critical Area Resource
Protection”, that an application has been filed for Growth Allocation and Map
Amendment by Walt Maizel and Stephen Pusey, on behalf of Terra Firma, LLC, for
a residential condominium project titled “Village Down River” for property
located on the north side of Riverside Drive Extended, approximately 1 mile
west of Sharps Point Rd, as shown on Tax Map #47, Parcels #214 & 665. The
request is to construct a fifty-seven (57) unit condominium development; ponds,
road and private wastewater treatment facility. (Attachment #1) The project is
located partially within an existing Resource Conservation Area (RCA) and an
existing Intensely Developed Area (IDA). The applicants are requesting 61.37
acres of Growth Allocation and a Map Amendment to convert the Resource
Conservation Area (RCA) portion of the site to a Limited Development Area (LDA).
(Attachment #2) The property is located
within a Residential R-20 Zoning District (Attachment #3) with the surrounding areas in Residential or
Agricultural use. Condominium
ownership is proposed and must also meet the requirements of the pertinent
sections of the Wicomico County Zoning Code. This project received “Condominium
Site Plan” by the Planning Commission on August 19, 2004.
Staff Report -
GROWTH ALLOCATION
– BACKGROUND
The Chesapeake Bay
Critical Area criteria established three development classifications for all
lands that fall within the Critical Area boundaries. (Attachment #4)
|
A. |
Intensely
developed area (IDA). Density in the intensely developed area (IDA) shall be
as established in the underlying base zone. |
|
B. |
Limited
development area (LDA). The density of development and minimum lot sizes
permitted within a limited development area (LDA) shall be governed by
prescriptive densities within the applicable underlying base zoning
districts. However, in underlying base zoning districts that permit
residential use, density may not exceed 3.99 units per acre. |
|
C. |
Resource
conservation areas (RCA). Residential densities in resource conservation
areas (RCA's) shall be limited to no more than one dwelling unit per 20
acres, except as provided for in §§ 125-15 and 125-17 and Article V. |
Chapter 125 -34
pertains to the Growth Allocation process.
It is the responsibility of the Planning Commission and County Critical
Area Staff to review each proposal and submit a recommendation to the County
Council. All growth Allocation requests
must receive favorable approval by the Planning Commission, reviewed and approved
by the Chesapeake Bay Critical Area Commission, and finally approved by the
County Council as a Map Amendment. In order for a project to obtain a Final
Award of Growth Allocation, the project must meet all applicable County
regulations, Chesapeake Bay Critical Area criteria, as well as comply with the
Growth Allocation requirements as established in the Wicomico County Critical
Area Ordinance. The Growth Allocation process requires three (3) Public
Hearings prior to a Final Award of Growth Allocation being granted 1. Planning Commission
2. County Council 3. Critical Area Commission 4. County Council (Optional). Once approval is
awarded by the Chesapeake Bay Critical Area Commission, the Wicomico County
Council may decide to hold a fourth public hearing. However, if the
conditions of Growth Allocation approval by the Chesapeake Bay Critical Area
Commission, if there be any, do not substantially alter the design, or increase
the amount of Growth Allocation Deduction, the County Council may waive the
final Public Hearing. The first Public Hearing was held before the
BACKGROUND
The proposed project is a major development within a
Resource Conservation Area (RCA) of the Wicomico County Critical Area
District. Listed below is a table
showing the approval process and stages which are required for not only
compliance with Wicomico County Critical Area Program but also the Wicomico
County Subdivision Regulations, Chapter 200 of the Wicomico County Code. Critical
Area Approvals (Chapter 125, Critical Area Resource Protection) November 22,
2005, Public Hearing held by Planning Commission- reviewed with Favorable
recommendation to County Council. Sewer and Water Plan Amendment December 6, 2005, Public Hearing held by
Wicomico County Council – Approved. Subdivision Approvals (Chapter 200,
Subdivision Regulations) August 19, 2004 -Condominium Site Plan Approval -
Planning Commission.
The Planning
Commission held a Public Hearing for Growth Allocation on November 22, 2005.
This is the stage of the process where the applicant must address the
environmental and site design requirements of the Critical Area Ordinance. The
Chesapeake Bay Critical Area Ordinance has specific environmental requirements
that must be addressed prior to final approval and the disturbance of any
land. At that meeting, the environmental
assessment of the property was discussed at length. Several conditions (Attachment # 5) were imposed by the
Planning Commission that was to be addressed prior to being scheduled for a
Public Hearing for Growth Allocation before the County Council. Condition #2 required that the applicant
receive and address comments from the Chesapeake Bay Critical Commission prior
to submittal to the Wicomico County Council.
It is the goal of the Planning Commission that the project that is
forwarded to the County Council is a project that could ultimately meet the
requirements of the Critical Area Commission. A set of the plans was provided
to the Chesapeake Bay Critical Area Commission staff for their review.
Preliminary comments have been received and the applicants have addressed the
State’s concerns. It should be noted that as the process
proceeds, further review will occur at both the Staff and State Level.
Growth Allocation
Acreage
When
Due to the fact that:
A. This project is considered to be consistent with goals and intents of the Chesapeake Bay Critical Area Program (Chapter 125), the Subdivision Regulations (Chapter 200), the Zoning Code (Chapter 225), and the County Comprehensive Plan
B. This project is located in a Growth Area
(Metro Core) (Attachment #6)
C. Lands immediately adjacent on the east and west side of the proposed project were classified as LDA (Limited Development Area) in 1989.
D. A portion of the project site is already designated IDA.
E. The applicants
have received approval from the Wicomico County Council for an Amendment to the
Wicomico County Sewer and Water Plan for the construction of the private
wastewater treatment facility. The project has been reviewed and considered
to be consistent with all applicable Federal, State, and Local Laws. The
Wicomico County Critical Area Staff recommends the granting of a Final Growth
Allocation Award for 61.37 acres and Map Amendment for
Subject to further review and approval of the Wicomico County Critical Area Staff.
1.
Prior to
the disturbance of any lands within the Critical Area district, a Major Certificate
of Compliance must be obtained from the Planning Office.
2.
The
applicant must submit the final Subdivision Plat and receive approval from the
Wicomico County Planning and Zoning Commission.
3.
Subject
to further review and approval of the Wicomico County Department of Public
Works.
4.
Approval
must be obtained from the Chesapeake Bay Critical Area Commission.
Mr. Hickson reiterated the project’s conditions have been satisfied, that the property is in the critical areas classified as an RCA (only build one house for every 20 acres) and in order to increase the density, growth allocation must be approved. Also, properties on both sides of the site are already classified LDA, making the request consistent. The units would have the appearance of single-family residential property but the land is condominiumized so that there would be a number of controls in the community. Mr. Maizel explained the wastewater treatment system and the importance of maintaining the environment, including vegetation and wildlife.
Public and Council Comments:
Ken Holland, resident, asked how much the wastewater
treatment facility would cost and how many people would be served. Mr. Maizel
responded $550,000 for the collection system and that the system serves 17,000gallons
per day. Karen Bailse expressed her concern
for the welfare of flora and fauna. Mr.
Maizel responded the State of
Mrs. Prettyman pointed out that the Critical Area Commission had little experience in the area of shared facilities. President Sarbanes recalled the Council approved this project for sewer and water amendment however, he called attention to a letter from Maryland Department of the Environment granting a 90 day extension. The County Attorney stated Council can grant preliminary award with the condition that agencies involved, staff and the developer work out the consistency of the Comprehensive Plan before the project moves to the Critical Areas Commission or, post the public hearing first. Mr. Dodd expressed concern that he has all documentation in order to make a decision. Frank McKenzie said there was comment from the Critical Area Commission staff addressing environmental clarifications however he was not aware Council would want to be involved with environmental review and analysis. Jack Lenox, Director of Planning, told Council there are sections of the Comprehensive Plan that MDP is misreading.
Upon motion made by Mr. Taylor, seconded by Mr. Long and duly carried, with Mrs. Prettyman, Mrs. Bartkovich and Mr. Dodd voting no, Council granted preliminary growth allocation approval, with the instruction to work out the Comprehensive Plan issues to move the project to the Critical Areas Commission, then return to Council for final approval.
PUBLIC HEARING - DEPARTMENT OF HUMAN RESOURCES
S. Michael Thompson, Director
Notice is
hereby given, in compliance with Section 197-15(E) of the Wicomico County Code,
that the County Council of Wicomico County, Maryland will hold a public hearing
at its regular meeting of Tuesday, April 18, 2006 at 11:00 a.m., for the
purpose of hearing comments, protests and objections to an amendment of
Sections 1118 Promotion and 1119 Demotion of the Wicomico
County Manual of Personnel Policies and Procedures, as amended. The changes have been recommended pursuant to
a hearing before the Personnel Board.
The changes to Section 1118, Promotion and Section 1119 Demotion
delete mandatory language requiring defined percentage increases and decreases
in pay; and, requirements that one employee’s pay may not surpass another
employee’s pay regardless of qualifications and circumstances.
There were no public or County Council comments. Upon motion made by Mr. Long, seconded by Mr. Taylor and duly carried Council approved the amendment. Mrs. Prettyman was out of the room during the Notice of Public Hearing and vote, she returned for the next agenda item.
PATRICIA PETERSEN,
DIRECTOR OF FINANCE
NOTICE OF A PROPOSED REAL -PROPERTY TAX INCREASE
A public hearing on the proposed real property tax rate
increase was held at
11:00a.m. on April 18, 2006 in Room 301 of the
The County
Council of Wicomico County proposes to increase real property taxes.
1. For the tax year beginning July 1, 2006
the estimated real property assessable base will increase by 7.5%, from
$4,484,438,718 to $4,822,854,579.
2. If Wicomico County maintains the current tax
rate of $.993 per $100 of assessment, real property tax revenues will increase
by 7.5% resulting in $3,360,470 of new real property tax revenues.
3. In order to fully offset the effect of
increasing assessments, the real property tax rate should be reduced to $.923,
the constant yield tax rate.
4. The County is considering not reducing
its real property tax rate enough to fully offset increasing assessments. The County proposes to adopt a real property
tax rate of $.942 per $100 of assessment.
This tax rate is 2.1% higher than the constant yield tax rate and will
generate $916,342 in additional property tax revenues.
Upon motion made by Mr. Dashiell, seconded by Mr. Taylor and
unanimously carried, Council adopted the real property tax rate of $.942 per
$100 of assessment. The tax rate is
going down to the level that will allow the County to have the allowable
increase under the revenue cap. Therefore, the proposed tax rate is higher than
the Constant Yield rate; which would have provided the same revenue as the
previous year.
JACK LENOX, DIRECTOR OF PLANNING
Mr. Lenox wished to recall the Planning Commission’s recommendation
of record for the above project, consent to zone R-10A. Because of impending
discussion with the City of
John F. Lenox, Director, and Gloria Smith, Planner, announced that the County’s Agricultural Land Preservation Advisory Board has reviewed appraisals, easement valuation and ranking of applicants for Agricultural Land Preservation Districts.
Based on available funding, the Advisory Board is recommending
that the Lower Shore Land Trust be authorized to make an offer to Ruth C.
Freeman. Mr. Lenox noted the appraisal
is two years old and the landowner may ask for an updated one. If that is the case, Mr. Lenox requests
latitude to increase the offer if the appraisal shows a marginal increase in
value. Upon motion made by Mr. Taylor, seconded by
Mr. Dashiell and unanimously carried, Council authorized the easement purchase
offer and latitude in accordance to the formula set by the Advisory Board.
PUBLIC COMMENT
Ms. Petersen told Council she has been unsuccessful is arranging a meeting with
the City of Salisbury Director of Public Works regarding a Septage Contract
between the two governments. President Sarbanes suggested Mr. Shea assist.
Dr. Augustine DiGiovanna expressed
appreciation for Council’s providing opportunity for citizen participation
during Council meetings.
John Groudt, Wicomico Environmental
Trust presented each Council member with a letter in opposition of package
sewage treatment plants.
COUNCIL COMMENT
There were no Council comments.
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. Dashiell motioned to close the meeting. Mr. Taylor seconded the motion and it unanimously carried. 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 18, 2006