Council Minutes
The Wicomico County Council met in Executive Session on
President Sarbanes brought the meeting to order. Following the Lord’s Prayer and Pledge of Allegiance, Councilman Long presented a Resolution to Mr. Edward Taylor, President, 100 Good Men, recognizing the Lower Shore Homecoming Project.
Mr. Taylor expressed gratitude for the recognition of this community effort.
Mr. Sarbanes called for any additions or corrections to the Minutes. On motion of
Mr. Dashiell, Council unanimously approved the
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, presented the following items of business for Council’s consideration and action:
Nuisance Abatement – Payment: During the
Amendment 4 – Mr. Shea requested Council’s approval to amend
the Health Plan for
Public Transportation: Mr. Shea advised Council that Mr. Richard Bearman, Executive Director, Go-Getters, Inc., is requesting to transfer its entire transit system to Shore Transit. This has been discussed with Mike Pennington, Tri-County Council. On motion of Mrs. Bartkovich, Council unanimously approved Mr. Shea’s recommendation that the two entities proceed with negotiations to accommodate the request.
Board of Education Master Plan: Under the
Award: Council is
advised that
DEPARTMENT OF FINANCE
Patricia Petersen, Director, submitted the following items for Council’s review and action:
Financial Report:
Statement of Latest Investment Rates/Balances for all
Request for Funds: Delmar, Mardela Springs and Hebron Volunteer Fire Departments have requested budget grant funds to assist in the costs of both their initial paramedics as well as a second EMT (paramedic). On motion of Mrs. Prettyman, Council approved the three requests as submitted.
Liquor Control Board: Mrs. Petersen reported the receipt of the Board’s final payment, which exceeded the projected revenue for FY 2002-2003.
Request for Reduction of Taxes:
Financial Management System: Ray Micciche, Director, Information Services, joined
Mrs. Petersen to help clarify the contents of a letter from Jared C. Moore. Mr. Moore is the Director, Local Government Systems, for ACI Associates, Inc. The County currently utilizes the company’s financial management software, municipal.
Mr. Moore took exception to a statement in the
“Mr. Micciche presented an overview of the County’s present supplier and the likelihood of having obsolete equipment and equipment that is not compatible to advanced technology, which would hinder the business of the County.” During this meeting, there was a recommendation to replace the referenced system. Mr. Moore continued by requesting a meeting with Council to discuss the matter. Mr. Micciche reiterated his assessment that the MUNIS financial management system is a proven product, as well as his questioning the viability of ACI at this time. President Sarbanes asked that Mrs. Petersen and Mr. Micciche arrange the meeting requested by ACI officials.
RECREATION, PARKS & TOURISM
Gary Mackes, Director, and Sandy Fulton, Tourism Manager, reported that Tourism would like to pursue a plan of action that would culminate in a Strategic Plan for Tourism. The staff would: 1) review the existing tourism vision, its five year business and marketing plan; 2) conduct information interviews with various stakeholders to assess and provide other perspectives on current and future efforts; 3) identify perceived assets/liabilities of the region as a tourism market; 4) re-define local tourism efforts and develop realistic goals; 5) target specific tourism markets; 6) develop an implementation plan to pursue those targets and ultimately, submit a final report.
Mr. Mackes also mentioned that efforts are being made to actively involve local industry in the initiative. The Maryland Department of Business and Economic Development has approved fifty percent funding to develop the Plan. Mr. Mackes is requesting Council’s approval to transfer the remainder of $16,000 from the Tourism Reserve Fund. On motion of Mr. Dodd, Council unanimously approved the request as submitted.
DEPARTMENT OF PUBLIC WORKS
Department Director, P. Rai Sharma, submitted the following reports:
Subdivision Plat Reviews:
Subdivision: for Robert & Helen Mills DPW No. 19-03
Location:
Applicant: Hampshire, Hampshire & Andrews
Owner: Robert & Helen Mills
Applicant proposes to subdivide a 0.9 acre lot from a 15.5
acre parcel. A dwelling exists on the
remnant and a dwelling is proposed on the lot. Both the lot and remnant will
front and have access on
The new lot is proposed as a pipe stem lot and will require approval by the Planning Commission and subject to applicable setbacks. The Department recommends approval to the Planning Commission, subject to the following conditions being met: 1) final plat shall comply with all subdivision and Forest Conservation regulations; 2) Health Department approval is required; 3) a note referring to the Right To Farm regulations shall be placed on the final plat; 4) the front building setback line of the proposed lot shall be established by the Planning Commission; 5) an adequate drainage and maintenance easement must be shown on the final plat; and 6) a 50% set-aside shall be established by both plat and legal document. Following review, Council concurred with the recommendation and conditions.
Subdivision: Nutters Crossing, Section No. 4 DPW No. 7-03
Location:
Applicant: Parker & Associates
Owner: Thomas H. Ruark
Applicant proposes to subdivide 25 duplex and 68
single-family lots from three existing parcels.
The Owner recently acquired parcel 443, thus, the original submittal was
increased. All lots will front and have
access on proposed interior streets, with access provided through Nutters
Crossing and Fairway Manor subdivisions.
The Planning Commission reviewed a sketch plat for this subdivision
during April 2002 and February 2003.
Concerns included non-conforming road standards, water and sewer
requirements, buffering of creek and Bypass, the need for comprehensive
development plan, lot frontage requirements and expansion of existing homeowners
association; many have not yet been addressed.
The original preliminary plat was reviewed by the County Council on
The Department recommends approval to the Planning Commission, subject to the following conditions being met: 1) final plat shall comply with subdivision and Forest Conservation regulations ; 2) the proposed community water and sewer system requires Health Department approval and County Council approval to amend the Comprehensive Water and Sewer Plan. Adequate utility easements are required. 3) construction improvement plans shall be submitted for approval by Public Works, with acceptable road standards; 4) this subdivision shall become a part of the existing Nutters Crossing Homeowners’ Association; 5) the common area along the creek and bypass must have adequate frontage on and access to an interior street (access to bypass is denied); 6) dense landscaped screening shall be provided along the Salisbury Bypass to provide a sound and visual barrier; 7) development activities must comply with both floodplain and non-tidal wetlands regulations; 8) all proposed lots must meet the minimum lot frontage requirements; 9) a recreation area of approximately one acre, centrally located to serve Sections 3 and 4 must be provided; 10) a comprehensive development plan must be approved by the Planning Commission for the inclusion of duplex units, in accordance with the County Code; and 11) the plat approval is subject to further review and approval by the County’s Department of Public Works.
Mr. Sharma and John Redden responded to questions regarding: a) whether the future Section 3 (which could stand alone) would tie into the water and sewer system to be jointly used by Section 4 and the proposed Section 5, if there is a future necessity; b) the need to construct another road when Section 5 is developed; and c) confirmation that property owners in Section 3 continue talks with the developer to resolve outstanding issues. Following review, Council unanimously concurred with the Department’s recommendation and conditions.
Road Maintenance Warranty:
Mr. Sharma stated that since absorbing the Roads Division in 1997, the
department has sought ways to improve the quality of road and drainage work by
developers throughout the county. While
the majority of contractors try to follow all of the county’s construction
standards, given the limited number of inspectors, compromises to those
standards do happen. The Department performed a study to determine how other
jurisdictions may address this issue and strongly recommend that an ordinance
be adopted requiring a two-year warranty plus a bond equal to ten percent of
the construction cost to cover any defects found during that time. Following a brief discussion, Mr. Dashiell
motioned to endorse the recommendation, subject to the
Mrs. Prettyman asked if Mr. Sharma has spoken with local developers on this subject, to which he replied that a meeting is scheduled on August 20. Mrs. Prettyman remarked that she would defer taking a position on this request until the results of the meeting were shared. Mr. Dashiell agreed and withdrew his motion. Mr. Taylor withdrew his second to the motion.
Mobile Home Permits:
Parkway Mobile Estates,
Solid Waste Management Plan:
During the
The county local share was obtained and the Department began the application process for Federal funds. A Federally approved consultant was selected, required questionnaires, environmental assessment forms, bridge review and estimates were prepared. The consultant investigated the feasibility of vertical clearance above the existing 6 ft. mean high water height to allow passage of local workboats to 15 feet.
Increasing the height was estimated to increase costs by $778,528. The Consultant then requested a preliminary review by the Coast Guard for approval at the existing 6 ft. level.
A local resident contacted the Coast Guard to request that an increased height be considered. Following a site visit, Coast Guard officials informed the consultant to prepare study plans for a fixed span bridge providing the increased horizontal and vertical clearances of 20 feet and 15 feet. While no formal decision has been made, Mr. Sharma and Mr. Miller believe this is an indication that the county’s application to replace the bridge at the current 6 ft. clearance may be denied. Council was asked to consider the following options offered by the Department of Public Works:
· Proceed with an application reflecting the proposed 6 ft. height (estimated cost of
$1.4 million);
· Have the county’s consultant submit and design for the 15 ft. height, with the hope that if required, sufficient Federal funds would be found into its next five-year program (estimated cost of $2.24 million);
· Have the consultant prepare a design to rehabilitate the existing structure;
· The County could abandon the project and maintain the structure with local funds; this would mean severe reductions to the traffic load, restricting school buses, fire equipment, trucks, etc.
· The County could close and demolish the bridge;
· The County could close and abandon the structure.
The Department also reported that the bridge serves the users of the highway, but restricts use of the waterway. It was suggested that a public hearing might be held for the public; while environmental assessment issues have yet to be resolved, time is of the essence to submit an application required for a Federal program review.
In addition, Judith Stribling, resident, appealed to Council to consider the environmental impact of raising the height of the bridge, stating that even if that were accomplished, the creek would have to be dredged, as it is not unusual to witness water depth less than three feet. Dredging this waterway to allow traffic for larger vessels would have significant impact on the marshes and the nature of the creek as it is today.
Council thoroughly discussed the suggested options and on motion of Mr. Long, unanimously agreed that the department should apply for Federal funding to replace the bridge as it is constructed today and to contact the appropriate Federal officials to involve them in the review/decision process on the application.
Roads Division: Mr.
Sharma advised that the street,
Miscellaneous Items:
Speed Limit Reduction:
Mrs. Bartkovich referred to
Mr. Sarbanes asked for a progress report on the Pemberton Drive project; Mr. Sharma stated that the project is on schedule and barring any unforeseen difficulties, it should be completed before public school begins, thus, reopening Pemberton Drive and its normal traffic pattern.
Edgar A. Baker, Jr.,
Notice is hereby given, in compliance with Section 22-2(G) of the Wicomico County Code, that the County Council of Wicomico County, Maryland, will hear public comment on a proposed resolution to lease to the Government of the United States, for the benefit of the Transportation Security Agency, the following: lease Unit 3 and 3A located within the Airport Terminal Building for a term of five years. The Lease shall be a full service lease and shall include all service and utilities and shall be used by the
Transportation Security Agency for office space, meeting and training rooms.
There were no public comments or County Council comments. By motion of Mr. Long, Council unanimously approved the lease as described in the public hearing.
This concluded Mr. Baker’s portion of the meeting.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
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 offers to three district owners; Grover Davis, Thomas Banks and William Cooper.
Prior to any motion or vote, Mr. Dashiell stated he would abstain from any Council action. Mrs. Bartkovich asked about the status of the fourth approved applicant who will not receive funding at this time. Mrs. Smith responded that should one of the three applicants should decline the offer submitted by the Lower Shore Land Trust, the offer would then be made to the fourth party; otherwise, the fourth party must wait until monies are available in the future. Mrs. Prettyman motioned to approve the recommendations and authorize the easement purchase offers; the motion was carried with six favorable votes and Mr. Dashiell abstaining.
PUBLIC COMMENTS: none
COUNCIL COMMENTS:
Mr. Sarbanes announced that the Airport has been awarded $965,000 Federal funds for
Environmental Mitigation and Recreation, Parks &Tourism
has been awarded $25,520 for work at
Mrs. Prettyman wished to remind the public that
Mr. Taylor spoke to follow Council members regarding the
upcoming Lower Shore Homecoming Project, sponsored by 100 Good Men. The event, scheduled for
Mr. Taylor asked the County Council to sponsor twenty children. On motion of Mr. Long, Council unanimously agreed to approve the request. A transfer of appropriations to fund the request shall come from the Community Promotions Account, in the amount of $500.
Mr. Sarbanes then announced that an open work session would
begin at
With no further business to come before Council, the Executive Session 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
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