Council Minutes
The County Council of Wicomico County, Maryland, met in
Executive Session on
Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long, and Larry W. Dodd.
Mr. Sarbanes called for any additions or corrections to the
Minutes of
Mr. Theodore E. Shea, II, recalled the federal mandate for
the presence of law enforcement personnel (Sheriff’s Deputies) at the
The Board of Education requests Council approval to
appropriate unanticipated State and other local revenue in the amount of
$62,754. The receipt of funding is
attributed to reimbursement for out of County living arrangements for students
placed in
On motion made by Mr. Long, seconded by Mr. Dashiell, and unanimously carried, Council approved transfers of funds between major categories of the Board of Education’s Annual Budget for FY 2002-03 for the month of June, in the amount of $66,819. The Board also requests Council’s concurrence in transfers within major categories of its FY 2002-03 Annual Budget for the month of June, in the amount of $137,335. Council concurred. For information purposes and in accordance to a “gentlemen’s agreement” the Board is authorized to make transfers under $1,000 between categories and reports a transfer in the amount of $30. No action is requested.
BOARD OF LICENSE COMMISSIONERS
Mr.
Shea recalled the Board of License Commissioners is in the process of a lawsuit.
The Board previously requested and Council granted approval to transfer funds
from its fine account to cover attorney fees. The Board now requests permission
to encumber funds from its fine account to pay additional anticipated fees; at
the onset of the new fiscal year no funds will be available in the fine account
transfer. The Board believes a transfer of $8,000 would be sufficient. The Director of Finance advises that, while
the Board does not currently have the money, she anticipates funds would be
available by the end of the fiscal year and, that the best solution would be a
Contingency transfer. Mrs. Prettyman stated she did not favor a Contingency
transfer and that the Board’s financial planning should have included
unanticipated expenses. To that end, she motioned to wait until the end of the
fiscal year to determine if funds are available and utilize the Board’s own
revenue source. Mrs. Bartkovich seconded the motion. Mr. Taylor asked if a
funding decision needed to be made before the next meeting and Mrs. Bartkovich
was interested to know whether payment arrangements could be made or, if
payment in full was required. On call for the question, Messrs. Dashiell,
Taylor, Long, Dodd and Sarbanes voted yea, Mrs. Prettyman and Mrs. Bartkovich
voted nay. The motion failed. Mr.
Dashiell made the following motion: if there are sufficient funds within the
Board’s budget to meet the necessary expense those funds should be used and if
not, the request becomes a transfer from Contingency. Mr. Long seconded the motion. Mrs. Prettyman
asked to amend the motion to earmark the funds and make payment directly to the
attorney. Mr. Dashiell amended his motion and Mr. Long amended his second. On
call for the question, the Council unanimously voted to allow the Board of License Commissioners to
encumber funds up to $8,000 to pay attorney fees, which should be paid directly
by the Department of Finance to the attorney in question. The $8,000 is to come
from the Board's regular FY 2003 budget and any available unanticipated
revenues during FY 2003, but if those sources did not total $8,000, the balance
should come from Contingency.
Mrs. Prettyman introduced Walter Bell who will
join the Board of License Commissioners, effective
LOCAL MANAGEMENT BOARD
Mr. Shea recalled the need to relocate the
office of the Local Management Board (LMB) and that
Request is made to transfer auction proceeds
of the Narcotics Task Force to the Narcotics Task Force Operating Account. On
motion made by Mr. Taylor, seconded by Mr. Dodd, and duly carried, Mrs.
Prettyman was absent for the vote, Council granted approval to transfer
$10,052.49 from Narcotics T ask Force to the Narcotics Task Force Operating
Account. (Mrs. Prettyman returned before the next agenda item).
Sheriff Nelms and Captain Doris Schonbrunner reported the receipt of auction proceeds in
the amount of $1909.10 from the sale of other surplus property. In maintaining
the highest level of security, the Sheriff requests a carry-forward to offset
costs to repair or replace hardware for locks.
In addition, Sheriff Nelms requests that $10,385 in insurance proceeds
for a total loss vehicle, be carried forward for maintenance of existing aging
fleet. Mr. Dashiell motioned to approve. The motion was seconded by Mrs.
Prettyman and unanimously carried.
Mrs. Prettyman wished to commend the Sheriff
and in particular, Deputy Michael Dolch for the
demonstration featuring his drug-sniffing canine. The Sheriff informed Council that Deputy
Dolch purchased the canine with his own finances ($5,000), and donated it to
Sheriff Nelms requested unanticipated revenue
in the amount of $13,634.70, be credited to his Salary Account. The funds represent reimbursement for staff
overtime, primarily from the Board of Education. On motion made by Mrs.
Prettyman, seconded by Mr. Taylor, and unanimously carried, Council approved
the request.
Mr.
Shea advised that two of the three members of
MANUFACTURING TAX EXEMPTION
Helovet Pharma, Inc., formerly Wheaton Pharmatech, requests
a manufacturing tax exemption on machinery and equipment used in the conduct of
its business in
MARYLAND DEPARTMENT OF TRANSPORTATION
Mrs.
Patricia Petersen submitted the Statement of Latest Investment Rates/Balances
for All County Funds as of June 17, 2003 which reflects a total General Fund
balance of $521,573; Capital Project Fund balance of $20,229,085. Total Major Non-Designated
Mrs.
Petersen recalled the County’s interest in obtaining a new financial management
system. The County, the City of
The report for Room Tax Collection for the month of April was submitted with two delinquent accounts.
At this point Mr. Dodd was excused from the meeting. Mrs. Prettyman returned for the next agenda item.
Director
P. Rai Sharma and Frederick Harris, Purchasing Agent reported that
Mrs. Prettyman questioned the process by which the auctioneer was selected for the County’s bidding services. Mr. Harris explained a Request for Proposal (RFP) was sent to five vendors in the surrounding area. The RFP was to include costs and methods of advertising. Two bids were received and Marshall Auction provided the most comprehensive plan. Vendors receive notification by newspaper advertisement, the County’s website, and E-Maryland Market Place.
On
motion made by Mrs. Prettyman, seconded by Mr. Dodd, and unanimously carried,
Council renewed mobile home park licenses for the period
Howard and Eileen Bennett, for a mobile home park known as, Bennett
Mobile Home Park and located on
Mike Houlihan, Country Estates, Inc., for a mobile home park known
as,
Glynn and Gladys Bridges, for a mobile home park known as, Hebron
Woods and located on U. S. Route 50,
Mrs. John Walston, for a mobile home park known as, John Walston
Mobile Home Park and located on
Mike
Houlihan, M & T Enterprises, Inc., for a mobile home park known as,
Upon
motion made by Mr. Dashiell, seconded by Mrs. Prettyman, and unanimously
carried, the following streets are ready to be taken in to the
Pointers Run, Section Two
Setter Court
Spaniel Court.
On
motion made by Mr. Dodd, seconded by Mr. Taylor, and unanimously carried, the
following street was taken into the
Carriage Square, Section Two
Carriage Lane.
Mrs.
Prettyman called attention to a house on
The Litter Control and Ditching Reports for the month of May were submitted.
Pursuant
to regulations in Section 200-13G of Chapter 200 of the
On motion made by Mr. Long, seconded by Mr. Dashiell, and duly carried, with Mr. Taylor not present for the vote, Council adopted Resolution No. 566, Authorizing Filing of Application by the Tri-County Council for the Lower Eastern Shore of Maryland to the Maryland Transit Administration for a Section 5307, 5311 and/or 5307 grant, under the Federal Transit Act.
At this point Mr. Taylor re-joined the meeting.
Mr. Jack Lenox, Director, came before Council to overview a list of issues pertinent to comprehensive planning and how it relates to zoning. Council received a memorandum outlining the summary of work to be performed, necessary resources, and recommended sequence for: Zoning Code Updates; Water & Sewer Master Plan; Metro Core Comprehensive Plan, and County-Wide Comprehensive Plan. Recognizing a substantial commitment of time will be required to study these projects, Mrs. Bartkovich suggested, and Council concurred, to begin work session in early July. Mr. Lenox requested that in order to accomplish the work Council fill the vacant Community Development Planner position in the FY 04 budget. On motion made by Mr. Long, seconded by Mrs. Prettyman, and unanimously carried, Council authorized the Planner position to be filled.
Regarding the Water and Sewer Master Plan, Mr. Lenox reported proposed estimates to retain the services of a professional engineering and planning consulting firm is estimated at $55,000. The 2004 Capital Improvement Budget includes $80,000 for an East Corridor Water and Sewer Study to evaluate specific options for wastewater collection, treatment, and disposal along East Route 50, necessitating many of the same types of expertise and analysis as the Master Plan. Mr. Lenox suggests integrating the two studies could produce a savings of an estimated $30,000. In an effort to reduce costs, he requests Council provide an additional $25,000 for a combined services. On motion made by Mr. Long, seconded by Mr. Taylor and unanimously carried, Council approved the request to amend the Capital Improvement Budget as recommended, for a single project totaling $105,000.
Superintendent Rick Dwyer reported at the end of fiscal year
2003 the agency would realize a balance of $30,000 of indirect funding as a
result of the Maryland Transit Administration’s compensation to
PUBLIC COMMENTS
There were no public comments.
COUNTY COUNCIL COMMENTS
There were no County Council Comments.
The
Wicomico County Council reconvened in Executive Session at
approximately
Mr. Dodd was excused.
Messrs Ken Matthews, Lewis Riley, David Grier, Andrew Booth
and Mark Engberg, accompanied by numerous supporters, came before Council to
discuss the possible closing of the
Council members made several inquiries regarding effective
ways to bring attention to this issue.
On motion of Mr. Dashiell, seconded by Mr. Taylor, and duly carried,
Council agreed to send a letter of support for the continued operation of
PLANNING, ZONING AND COMMUNITY DEVELOPMENT
Discussion of
John Lenox, Director, and P. Rai Sharma, Director, Public Works, came before Council to discuss a letter from Mr. William Twilley, who opposes a portion of the Wicomico County Comprehensive Plan and zoning regarding set-aside restrictions for future subdivisions. Mr. Twilley takes exception to regulations that affect a 101-acre tract of farmland that he owns. If Mr. Twilley sells 50 acres of that tract to a prospective buyer, the remainder of the tract must remain agriculture or open space. Mr. Twilley stated that this severely de-values such land; and that many farmers considered owning acreage as their retirement investment. Mr. Sharma explained that when the County established the original zoning codes, certain provisions were made in the subdivision code whereby any property owner could separate out three lots, (considered a minor subdivision), that could receive review and approval in-house by Public Works. With a revised Comprehensive Plan adopted in 1998, property owners could subdivide a specific number of lots from a large parcel; once that number had been reached, any other subdivision had to comply with major development regulations. Mr. Lenox also explained that the County zoning map shows that a large majority of land in the County is agricultural; from the time up to the change in 1998, there was no minimum lot size nor was there a maximum density requirement contained in the agricultural zoning regulations. Following extensive review, the conclusion was reached that conventional development (this includes minor and major subdivision developments) should reflect development of one unit per 15 acres in agricultural zones. However, an alternative was offered to property owners whereby the “cluster” formula could be applied to develop more lots at a higher density, but required that one-half the land be set aside for open space.
Mrs. Prettyman expressed her concern for property owners who
might experience a similar situation, stating they should receive either just
compensation or assurance that the land is still as valuable as it was prior to
the restrictions now in effect. Mr.
Taylor, too, expressed similar concerns.
Mr. Sarbanes stated that these restrictions were imposed, in part, to
help control growth; Mrs. Prettyman remarked that while these restrictions were
imposed with good intentions, there are unintentional consequences that
penalize property owners. Mrs. Prettyman
asked how Council could correct it. Mr.
Lenox responded, stating that while zoning does reduce the value of someone’s
property; the past Council adopted the
Comprehensive Plan to impose guidelines to address unrestricted growth, keeping
in mind that such regulations do not unreasonably affect ownership or
value. Mr. Baker,
Mr. Twilley added that during the subdivision plat review by the Planning Commission, he learned of the development restriction on the remaining property. He considers the remaining portion as the most valuable, since it is located very closely to the entrance of the new highway and planned to sell it as commercial land. This is an option not available to him since it must remain agricultural or open space.
Mr. Sharma reviewed a map identifying each subdivision of the tract of land in question, to show that Mr. Twilley had exhausted the number of parcels that could be subdivided under the minor subdivision guidelines.
Mrs. Prettyman then asked Mr. Baker if an exception would apply or perhaps the set- aside could be modified. Mr. Baker offered that a possible alternative would be if the buyer agreed to develop a small portion and designate one-half of their remaining land as open space. The salient point is to have 50 contiguous acres designated as open space. Mr. Twilley then could designate an adjoining 25 acres of open space. Mr. Twilley agreed this would be acceptable. Mr. Baker gave examples of this practice in subdivisions. The question of whether this land was considered outside of the Metro Core in 1998 was also discussed. Mr. Baker reminded all that the County never adopted the
Metro Core Plan. Also questioned was whether transferable development rights are a consideration in this issue. It was generally agreed that County staff should again review the parcel in question to determine its proper designation.
At the request of Mr. Sarbanes, Mr. Baker stated the quickest solution for Mr. Twilley is to speak with the buyer (a church organization) to discuss the concept of using a portion of their property as open space. County staff will also be available to meet with Mr. Twilley and his buyer to provide information.
Mr. Twilley concluded with a request that landowners need to be made aware of the development restrictions placed upon agriculturally-zoned land. Mr. Sarbanes said Council would give this attention.
Mr. Shea discussed with Council the fact that there will be 27 County pay periods this year; however, there are certain agencies that are state-mandated to have a maximum salary amount paid during the year. The options are to either divide such salaries into 27 pay periods or maintain the 26 pay period schedule, with no payment during the 27th pay period. Mr. Shea recommends that Council consider converting the affected salaried positions to the 27-pay period cycle. On motion of Mr. Dashiell, seconded by Mr. Taylor, and unanimously carried, Council approved Mr. Shea’s recommendation.
With no further business to come before the County Council the meeting was adjourned.
_________________________________ Anthony Sarbanes, President
__________________________________
Charles R. Dashiell, Jr., Vice President
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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