Wicomico County, MD
 Council Minutes
July 5, 2005

The County Council of Wicomico County, Maryland met in Executive Session Wednesday, July 5, 2006 at 10:00 a.m., Council Chambers, Government Office Building, Salisbury, Maryland. 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 called for any additions or corrections to the Minutes. On motion of Mr. Dashiell, second by Mrs. Bartkovich, the Minutes of June 20, 2006 were unanimously approved as amended.

ADMINISTRATIVE DIRECTOR

Theodore E. Shea, II, submitted the following items of business:

CASA Program: Carolyn Cordial and Teresa Fields, Youth and Family Counseling Services, Inc., Lower Shore CASA and Wendy Riley, Circuit Court, provided a power point presentation for the CASA Program, designed to provide advocates for physically and sexually abused children. Due to a financial shortfall, the program is able to serve only a small percentage of children in Wicomico and Worcester Counties that are in need of assistance. Worcester County has provided $20,000 for its program; Council is asked to consider funding $40,000 to allow expansion of the program. Mr. Dodd motioned to fund the request of $40,000. Council discussion ensued as to other possible funding sources through agencies such as the Local Management Board. Following that discussion, President Sarbanes called for a second to the motion, but none was forthcoming. Mr. Dashiell then motioned to defer a decision today and to invite

Ms. Cordial to a July 18 work session. Mr. Taylor provided a second and motion was unanimously carried.

Request for Burial Assistance: Mr. Shea submitted requests from two local funeral homes for burial assistance. During prior meetings, Council requested that research be performed by the County Attorney and that County staff prepare a uniform application for such requests. Staff is prepared to notify all county morticians of the new procedure; however, the requests were received after the fact. Consequently, Council chose to defer any action on the requests until the letters/applications have been mailed and responses have been received.

Election Officials: Mrs. Bartkovich wished to advise the public that election officials for the polling locations are badly needed for the upcoming Primary and General Election.

There was discussion regarding County employees being allowed to work as election officials. Mr. Shea explained that County employees have always had the option of using an annual leave day to work as election officials. Mrs. Bartkovich stated that some other counties allow employees to work the polling locations, with pay. Mr. Sarbanes asked the media to make the general public aware that individuals are needed for the upcoming elections and that the Board of Elections does pay its officials. On a final note,

Mr. Taylor suggested that Council members make a concerted effort to help find workers.

County Insurance Provider: Frederick C. Harris, Purchasing Agent, advised Council that the County’s insurance needs were placed out to bid and Avery W. Hall Insurance Agency, a local insurance broker, has submitted a proposal that is equal in every facet with the current insurance provider. Consequently, the bid has been awarded to that agency. The coverage through St. Paul’s Travelers is effective July 1, 2006.

DEPARTMENT OF FINANCE

Patricia B. Petersen, Director, submitted the Contingency Report; with the new fiscal year beginning July 1, no Contingency funds have yet been expended.

Nuisance Abatement: Council is advised that an invoice in the amount of $75.00 has been paid for mowing services for a property on Cardinal Drive.

Tax Billings: County tax billings are now complete and have been processed for mailing. Mrs. Petersen stated that more than 15,000 of 45,000 billings were mailed on Monday.

DEPARTMENT OF PUBLIC WORKS

P. Rai Sharma, Director, submitted the following items of business:

Subdivision Plat Reviews

Subdivision: for Carey DPW No. 19-06

Location: Stockley Road

Applicant: Hampshire, Hampshire & Andrews

Owner: Leon & Ruth Carey

Applicant proposed to subdivide Parcel 101 into three lots. Parcel 49 is being re-subdivided to provide frontage for Lot 1. All three proposed lots will front and have access on Stockley Road, a minor collector. The plat normally would have been approved in-house, however, approval of the Planning Commission is required due to the creation of a pipe stem lot. The Dept. of Public Works recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met:

1) the final plat shall comply with subdivision and Forest Conservation regulations;

2) Health Department approval is required; 3) the building setback on Lot 1 shall be established by the Planning Commission if approved as a pipe stem lot; 4) a building setback shall be shown on these lots measured 75 feet from the centerline of the private road and 50 feet from the right-of-way of Stockley Road. Following a brief discussion, Council concurred with the recommendation and conditions set forth.

Subdivision: Millville Lumber Co., Inc. DPW No. 18-06

Location: Littleton Road

Applicant: Parker & Associates

Owner: Millville Lumber Company, Inc.

Applicant proposes to subdivide three lots. The lots and remnant will front and have access on Littleton Road, a minor collector. During the Planning Commission review on August 23, 2005, it was noted that wetlands and floodplain areas may exist on the property. The limits of each should be shown to ensure compliance with associated regulations. Additional forest conservation may be required and should be located along the Pocomoke River. The Department recommends approval by the Planning Commission subject to the following: 1) the final play shall comply with subdivision and Forest Conservation regulations; 2) Health Department approval is required; 3) the fifty percent set-aside must be established by plat and document. Following review, Council concurred with all conditions and the Department’s recommendation.

Mobile Home Parks Permits: Mr. Sharma stated that 17 of 18 mobile home parks have complied with all County requirements and recommends approval to issue licenses accordingly. On motion of Mr. Long, second by Mrs. Bartkovich, Council unanimously approved the request.

DEPT. OF PLANNING, ZONING & COMMUNITY DEVELOPMENT

John F. Lenox, Director, reviewed the following items:

Rowan’s Mill 2 Annexation: The department has compiled the community impact statement based on a request for zoning designation from Andrew Mitchell, Attorney for the City of Fruitland. The County Council provided consent for this request about one year ago; however, the parcel referenced in the community impact statement was left out of the original annexation request. By motion of Mr. Long, second by Mr. Dashiell, Council approved the rezoning request by six favorable votes. Mrs. Bartkovich abstained from the vote, quoting potential conflict of interest.

Notice of Proposed Annexation: Paul D. Wilber, Attorney for the Town of Pittsville, has provided documentation for a proposed annexation on Old Ocean City Road – Dukes Property. Mr. Lenox explained that this proposal has not yet gone before the Planning Commission; however, as required by law, the County Council has now been formally notified. In response to Mrs. Bartkovich’s question regarding the town’s road standards, Mr. Sharma stated that the Town of Pittsville adopted County road standards some time ago. Mrs. Bartkovich also noted that the document states the Town makes no representation about the ability of water and sewer capacity.

County Council – Miscellaneous: Mrs. Bartkovich referred to the copies of the unofficial House Bill 1141 provided to Council and requested an open work session for review of the bill and fiscal and policy notes pertaining to the bill.

COUNTY ATTORNEY

Edgar A. Baker, Jr., requested a motion to convene as the Urban Services Commission, which was provided by Mr. Taylor, second by Mr. Dashiell and unanimously approved.

Urban Services Commission

Mr. Baker clarified that the procedure is to ask permission to proceed with the process, which requires two public hearings. As background information, Mr. Baker stated that the Nutters Crossing project anticipates a contract with Maryland Environmental Service; this agency, by State law, has the ability to establish its own urban service district. The contract is being reviewed, with certain changes to be suggested. He further stated that the contract as written, suggests the possibility that MES could withdraw from the management of the facility at some future time. Consequently, it would be advisable for the County to require the Developer to establish an Urban Services District, according to County law. This entity would remain dormant until needed; this is merely a fail safe option to benefit the County should it become necessary. Mr. Taylor motioned to authorize the County Attorney to proceed; the motion was seconded by Mr. Long. Council discussion included:

Questions were posed as to how funding would be provided to the County for maintenance and repairs of such systems, if necessary; to which Mr. Baker explained that the homeowners would pay into a sinking fund established for that purpose. This is not the only mechanism in place; there are other agreements to ensure that safeguards and procedures exist.

Mrs. Bartkovich stated that she toured a wastewater treatment facility in Worcester County that was taken over by the County government. Worcester County has a department that oversees operations and utilizes funds paid by the property owners serviced by that facility; no tax dollars are used for this purpose. She also stated that the County should be the responsible party for any independent wastewater treatment facility in the County. Mr. Baker responded that the agreement would contain statements that the users will pay for all inspection costs, as well.

Mrs. Prettyman asked who is considered the controlling authority for such systems;

Mr. Baker stated that the entity that is responsible for maintenance/repairs sets up its own corporation for that express purpose. However, should the corporation completely withdraw in maintaining and operating the system, the County would then have the authority to control through an existing urban service district. The County would have the options of in-house administration or contracting with another entity qualified to perform the services. Again, the agreements being drafted have provisions for sinking funds sufficient to maintain/monitor these systems.

Mr. Dodd stated that water and sewer service is a very sensitive issue in the County and while the private systems can be a viable option, he would suggest that the County start investigating a Sanitary Commission for water and sewer, to make contractors more accountable. Mr. Sharma responded that Worcester County did not have any mechanisms in place when the first private systems were established 15-20 years ago.

Wicomico County is not in that position today.

Mr. Dodd stated the County should be more proactive in this issue, but would like to see a department with oversight authority established.

Mr. Sarbanes referenced the fact that Worcester County had a Sanitary Commission some years ago, which was dissolved later. He also cited the capital costs involved.

Mr. Sharma stated that Mr. Dodd’s recommendation of establishing a division under the Public Works umbrella, would require hiring an additional two or three people.

Mrs. Prettyman stated that Council needs to discuss and make a decision as to whether these systems will be allowed countywide.

With discussion concluded, Council unanimously approved the request to proceed.

On motion of Mr. Long, second by Mr. Dodd, Council unanimously approved

Mr. Baker’s request to proceed with public hearings.

On motion of Mr. Long, second by Mr. Dodd and unanimous approval, the Urban Services Commission was adjourned.

LEGISLATIVE SESSION

At Mr. Baker’s request and by motion of Mr. Long, second by Mr. Dodd, Legislative Session was convened with unanimous approval of Council.

Mr. Baker called for adoption of Legislative Bill 2006-1, General Obligation Bond, authorizing the County Council to borrow an aggregate amount not to exceed

Nineteen Million Two Hundred Thirty-seven Thousand One Hundred Fifty-eight Dollars.

Mr. Baker emphasized that while the Bill provides authorization to borrow for capital accounts listed, the actual Bond Resolution would reflect projects actually approved for funding, an amount that could be appreciably lower than the authorized borrowing amount. Following adoption of said Bill, and on motion of Mr. Taylor, second by

Mrs. Prettyman, Legislative Session was adjourned. Please note that Legislative Minutes are separate from Executive Session Minutes.

Executive Session reconvenes.

PUBLIC COMMENTS

Mr. Kenneth Holland suggested that the Board of Elections reduce the number of polling places as the result of needing election officials. (The number of required polling locations is set by law).

Mrs. Dorothy Truitt stated that private water/sewer facilities are flawed systems; she does, however, support the concept of a separate division or department to monitor and inspect such systems in the County.

Mr. John Groutt, Wicomico Environmental Trust, commended Council for its questions regarding private water and sewer systems; however, he stated the question not asked was, “Do we want to allow them to allow sprawl?” Mr. Groutt contends these facilities are magnets for sprawl.

Dr. Augustine DiGiovanna thanked Council for the questions posed on the subject of private water/sewer systems; he also referred to apparent conflicts with the Comprehensive Plan.

COUNCIL COMMENTS

Mr. Dodd thanked everyone for attending today’s meeting. He also complimented the Salisbury Jaycees for a great fireworks display on Independence Day.

With business concluded and on motion of Mrs. Prettyman, second by Mrs. Bartkovich,

Council unanimously approved adjournment of Executive Session.

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Anthony Sarbanes, President

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Charles R. Dashiell, Jr., Vice Pres.

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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