Wicomico County, MD
Council Minutes
May 4, 2004
The County Council of Wicomico County, Maryland, met in
Executive Session on
The Minutes of
The
County Council presented Letters of Recognition to Brian Raygor, voted Wicomico County Teacher of the Year; Cathy J. Townsend, Middle School
Principal of the Year; Patricia A.
Adkins, Outstanding Vice Principal for Secondary Education; Lynne B. Bratten, Outstanding Guidance
Counselor and, Ronald W. Linkswiler, Music
Teacher of the Year. Honorees, together
with Dr. Charlene Cooper Boston, Superintendent of Schools for
Council member Larry Dodd presented a Proclamation to the
Maryland State Police acknowledging the importance of seatbelt use in
Council recalled that the Wicomico County Branch of the
National Association for the Advancement of Colored People (NAACP) requested
the declaration of
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items of business for Council’s consideration:
Demolition and Removal of Odd Fellows Hall: Property located at
Emergency Vehicle Operator: The Motor Vehicle Administration has informed
Wicomico County of legislation enacted during last year’s session of the
General Assembly as it pertains to the driver licensing requirements for
operators of fire and emergency vehicles. Prior to legislation drivers
operating such vehicles weighing more than 26,000 pounds were required to hold
a
Health Department Surplus: Dr. Judith Sensenbrenner, Health Officer,
came before Council regarding the purchase of an emergency generator. She told Council the department has
experienced rolling blackouts, brownouts and, the windows in the building do
not open. Therefore, the HVAC system is essential to continue operating during
an electrical emergency. With the assistance of County maintenance, the
department contacted Barnes Electric Company to explore its options and obtain
cost estimates. The generator would be diesel powered and placed on a concrete
pad behind the
Comprehensive Plan Updates: Jack Lenox, Director of Planning, recalled discussions with Council about the approach to update the Plan and its numerous elements; Metro Core Communities; Water and Sewer Master Plan; Technology; Development Capacity; Transportation; Land Preservation and Recreation and Housing. Mr. Lenox opined that current fiscal conditions do not provide for the retaining of a professional consultant and therefore proposes to maximize the use of in-house planning staff, the expertise and resources within other departments of the County, invest in technology support, involve municipalities, and actively seek state, federal and foundation funds. Mr. Lenox then called attention to two pending matters, economic development, to target growth in the County envisioned by the Plan and, natural and cultural resources. Mrs. Bartkovitch asked if the Groundwater Protection Plan had any impact on the Water and Sewer Master Plan. Mr. Lenox responded only to the extent that groundwater protection would be a chapter in the report of the Water and Sewer Plan.
Local Management Board Appointments: Linda Hardman, Director, submitted the names of seven private citizens from a pool of nominees recommended by the membership selection committee, to represent the private sector on the Local Management Board. Recommended are Regina Bright-Edwards, Joseph Flanagan, Newell Quinton, Rosalind Roberts, Rev. Walter Smith, Sandy Willey and George Wooley. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council accepted the recommendations.
Salisbury Fire Department Station No. 2: Wicomico County has received correspondence from the volunteers of Salisbury Fire Department Station No. 2 requesting assistance to recover their equipment stored on a City fire truck that was reassigned to a different location. Mrs. Bartkovich told Council that the volunteers are willing to provide proof of purchase of equipment purchased with County funds. The Station requests the County write a letter to the City of Salisbury requesting return of the equipment. On motion made by Mrs. Prettyman, seconded by Mr. Taylor and unanimously carried, Council instructed the County Attorney to proceed.
Meadows Hydraulics - Manufacturer's Tax
Exemption: Pat Petersen, Director of Finance, joined by
Tom and Cameron Meadows came before Council regarding delinquent personal
property taxes for Meadows Hydraulics and the request for a manufacturer's tax
exemption. Ms. Petersen updated
information contained in an April 30 memorandum; since that time, the company
has paid the $35 attorney fee, paid the original amount due for 2002, paid
one-half of the additional amount for 2001, leaving one-half of the amount due
for 2001 and the additional amount for 2002 still outstanding. Meadows
previously had requested and received an exemption on its 2003 bill. Ms.
Petersen asked whether Council wished to grant retroactive exemptions for 2001
and 2002. Mr. Meadow explained after reviewing their exemption, the error that
caused the Maryland Department of Assessments and Taxation to correct the tax
assessment for business years ending December 31,2000 and 2001 was discovered.
Mr. Meadows stated that he was not asking for an exemption back to 1995 (when
the State declared their qualification) as they had already paid the taxes up
to 2000. Further, that he was unaware
the exemption had to be requested therefore no request was made by the company
for the tax years 2001 and 2002. In a subsequent letter to Wicomico County, Mr.
Meadow requested consideration for the two years that remain unpaid, 2001 and
2002. He then recalled that he paid the
original bill for 2002 and the check was returned. Ms. Petersen explained that
by the time he paid the 2002 bill, an additional bill had already been issued
for 2001 and a corrected bill had already been issued for 2002. When the check for the original amount owed
for 2002 was received, Meadows Hydraulics did not want the County to apply the
payment back to 2001, so the check was returned until the manufacturing
exemption issue was resolved. Confirming
that there was no request submitted to Wicomico County for the years 2001 and
2002 by the deadlines for those years, Mrs. Prettyman stated it has been the
County's practice to deny retroactive requests, thereby not setting a
precedent. She then made a motion to deny the request. Mr. Taylor seconded the
motion and it was unanimously carried.
Ms. Petersen suggested, due to the confusion and in accordance to Mr.
Meadows advising the State made the error, that the Council waive any interest.
Council concurred to waive the interest until June 30, 2004.
Amendment to County Water and Sewer Plan - Public Hearing: P. Rai Sharma, Director of Public Works conducted a public hearing for the purpose of amending the County’s Water and Sewer Plan allowing for the inclusion of three proposed developments, all of which will be served by public water and sewer from the City of Salisbury: Interfaith Housing, a senior housing apartment complex located on Naylor Mill Road adjacent to Naylor Mill Branch; Sassafras Meadows, a residential development consisting of single-family homes and apartments located off West Road near Queen Avenue and Westwood Commerce Park, a commercial and light industrial development located off U. S. Route 50 at Naylor Mill Road.
There were no public comments. On motion made by Mr. Long, seconded by Mr. Dashiell and unanimously carried, Council amended the Plan as requested.
Financial Report: Ms. Petersen recalled that during the first meeting of the month the Financial Report consists of the Contingency Fund. She reported there have been no new amounts appropriated from Contingency since the last Council meeting. The amount used remains $56,497 y-t-d, leaving a balance of $878,625.
DIRECTOR OF PUBLIC WORKS
P. Rai Sharma submitted the following subdivision plats
for Council’s consideration:
Subdivision: Holloway Heirs Re-subdivision
Location:
Applicant: Plummer & Associates
Owner: Melanie Craig
James & Kristina Landi
The applicant proposes to re-subdivide two existing lots. Lot 8AA is currently 42,000 square feet, while Lot 10AA is 45,000 square feet. Three lots are proposed, two 30,000 square foot and a 27,000 square foot. All proposed lots would front and have access on Douglas Road, a minor collector. These lots are served by the Riverside Urban Service Sewer District and private wells. Therefore, the proposed lots comply with both lot area and lot width as required by the Zoning Code.
Proposed Conditions: 1) The Final Plat shall comply with the subdivision regulations 2) Health Department approval is required 3) The subdivision shall comply with the Chesapeake Bay Critical Area Regulations. The Department recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met. Council concurs to forward the re-subdivision to the Planning Commission.
Subdivision: Grenda Manor
Location:
Applicant: Dennis & Baumgarter
Owner: Joe and Judy Hearne
The applicant proposes to subdivide an existing lot in Grenda Manor into two lots, a 2.0-acre lot and a 23.5 acre lot. The proposed lots will front and have access on Malta Avenue, a local street.
Grenda was developed in the mid 70s. In 2003 additional land was added to this lot from an adjacent parcel, 594. In order to comply with the County’s Comprehensive Plan, a fifty percent set-aside must be established which is proposed at the rear of the property. These lots are being clustered and meet the one lot per acre density requirement.
Proposed Conditions: 1) The Final Plat shall comply with the subdivision regulations 2) Health Department approval is required 3) The subdivision shall comply with the Forest Conservation Regulations 4) The status of the “Old Road” shall be noted. Should it remain open, building setback lines are to be shown 5) The fifty percent set-aside shall be established by both plat and deed. The Department recommends approval of this subdivision by the Planning Commission subject to the proposed conditions being met. Council concurs to forward the subdivision to the Planning Commission.
Speed Limit Request: Mr. Sharma received a request to reduce the speed limit from 40 mph to 30 mph from West College Avenue to S. Division Street, for a distance of approximately 2,000 feet, due to traffic congestion. Using a color-coded map he located the area in question and recommended the reduction. On motion made by Mr. Long, seconded by Mrs. Prettyman and unanimously carried, Council approved the request.
DELMARVA SHOREBIRDS
Introduction of General Manger: Gary W. Mackes, the Director of Recreation, Parks and Tourism introduced Steve Yaros, General Manager of the Delmarva Shorebirds. Mr. Yaros expressed appreciation to the Council for their support, shared highlights of upcoming events and announced that he and the staff look forward to being more accessible to the community. He then presented each Council member with a “rally chicken”, part of the campaign effort for community involvement. He invited Council members to attend games and other activities held at the stadium. Council welcomed Mr. Yaros and joins his effort for community involvement and public support.
Conectiv: Mr. Mackes has received a request from Conectiv to utilize the parking lot at Perdue Stadium as a staging area for equipment in the event of a hurricane. On motion made by Mr. Dodd, seconded by Mr. Long and unanimously carried, Council approved the request.
Billy Gene Jackson, Sr. Park: Mr. Mackes requested permission to raise the barn at this park. There is a four square feet hole in the roof and the building is deteriorated. The request was brought before the Salisbury Advisory Council on Youth Activities, which provides recreation activities and generates funds to support the activities at the park, they concur. He suggested contacting the fire department for a controlled burning exercise and was cautioned by Mr. Dodd that the facility could contain asbestos shingles. With that consideration, Mr. Mackes requested permission to expend costs if the building has to be raised rather than burned. On motion made by Mr. Dodd, seconded by Mrs. Bartkovich and unanimously carried, Council approved the requests.
Tourism Banquet: Mr. Mackes reminded Council that May 6 is the date of the annual Tourism Banquet. He also reported that the past weekend’s “Pig in the Park” was a tremendous success and that he hopes that in the future, other agencies and organization will pool events on the same weekend, making Wicomico County and Salisbury a greater destination for those who don’t live here.
There being no further business to come before Council the meeting was adjourned. Mr. Dodd motioned, by authority of Section 10-508a of the State Government Articles of the Annotated Code of Maryland that Council enter into closed session. The motion was seconded by Mrs. Bartkovich and unanimously carried.
_______________________________________
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