Wicomico County, MD
Council Minutes
August 15, 2006
The Wicomico County Council met in Executive Session on
Tuesday, August 15, 2006, 2006 at 10:00 a.m., Council Chambers,
President Sarbanes brought the meeting to order calling for a motion to approve the Minutes of August 1, 2006. On motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and unanimously carried, the Minutes of August 1, 2006 were approved as amended.
ADMINISTRATIVE
DIRECTOR
Theodore E. Shea, II, submitted the following items of business:
Board of Education - Budget Transfers
Charles Bounds, Assistant Superintendent for Administrative Services was present. The Board, at its regular meeting on August 8, 2006, approved transfers within the major categories of its annual budget for fiscal year 2006-2007 for the month of August in the amount of $116,840; transfers within major categories do not require Council approval.
Board of Education – Capital Improvements Program and
Budget
The Charter requires that the County Council receive the Capital Improvements Program and Budget by
October 15 of each year. Mr. Shea explained the Board of Education’s Capital
Budget is greatly impacted by the State’s allocation and, since the Board has
not been informed of its allocation, Mr. Shea requests an extension to submit
the Budget to Council on November 7, 2006.
Upon motion made by Mr. Taylor, seconded by Mr. Long and unanimously
carried, Council set the date as November 7, 2006.
Mrs. Bartkovich reported the
Wicomico County Core Service Agency Mental Health
Advisory Board
Upon motion made by Mrs. Bartkovich, seconded by Mr. Dashiell and unanimously carried, Council confirmed the following appointments: Ex-Officio Members, Dr. Judith Sensenbrenner, Lori Brewster, Teresa Tyndall, Mary Singleton and Cicely Burrows-McElwain; Group or Agency members: Gail Bartkovich, County Council; Mark Thompson, Board of Education; Gaylena Bivens, Department of Social Services; Joan Emerick, Office on Aging; Veron Johnson, Department of Juvenile Justice and Maria Melenciano, Governor’s Commission on Asian, Pacific, Hispanic and Migratory Affairs, Consumer Group members: Constance Speidel, Carol Masden, Robert Mapp, Tuesday Trott and Linda Porter.
Request for use of Haz - Mat Funding
On behalf of Emergency Management Coordinator
Sassafras Meadows – Affordable Senior Housing
At its last meeting Andrew Hanson and Brian Lopez, Osprey
Property Company came before Council for a letter of support, Impact Fee
waiver, and a ten year tax deferral. Council agreed to provide the letter of
support but further agreed that the Impact Fee waiver and tax deferral request required
more discussion. Mr. Shea noted at its August 14, 2006 the City of
MAC, Inc.
On August 3, 2006 MAC, Inc. requested that
Long-range/Transportation Planner Gary Pusey came before
Council to advise that the State of Maryland plans to sell 31.17 acres of land
located along U. S. Route 50 near White Lowe Road as excess property. The land consists of two parcels, is owned by
State Highway Administration and was purchased as part of the bypass
construction. The State is asking if
One Day Alcohol
License
The Salisbury Rotary Club requests a one-day alcohol license
in conjunction with their rental of
On-Behalf-Of Program
The Department of Housing and Community
Development is affording the County the opportunity to partner in the
On-Behalf-Of Local Government Housing Program. Under this program, the
Department utilizes local government housing bond allocations
to issue bonds to fund housing programs on behalf of local
governments. The Department advises the allocation for
Amendment to Impact Fee Ordinance – Housing Standards Section
130-6
Councilman Taylor asked to revisit the Executive Session of
June 6, 2006 wherein Council adopted an Impact Fee Ordinance. Further, Mr. Taylor wished to make a motion
to amend the Ordinance removing the word “nonprofit”. The motion was seconded by Mr. Long. A lengthy discussion ensued regarding the
definition of low- to- moderate / affordable housing. Edgar Baker,
Mr. Long stated Council agreed when the Ordinance was passed
that affordable housing would be exempt; the methodology is that the entity had
to be nonprofit or governmental though there are for profit agencies also
providing affordable housing. While he
agrees there needs to be a definition for affordable housing his motion today
only addresses the amendment of the language used for nonprofits. Mrs.
Prettyman stated she could not support the motion unless it is not subjective
and wished to define affordable housing. Mr. Taylor responded that affordability
is well-defined by other agencies. He
requested the President to call for a roll call vote. Mr. Baker reminded
Council what they would be doing today is proposing legislation.
The afternoon work
session to discuss a waiver of the Impact Fee was removed from the agenda.
Statement
of Latest Investment Rates/Balances for all
Ms. Petersen submitted the Financial Report. Total General Fund balance, $626,309, Capital Project Fund balance, $57,646,691; Total Major Non-designated Funds, $83,501,445; and Total Reserve Funds of $16,684,215. Contingency used to date, $40,400.
Grass Cutting Bills
In accordance to
an agreement that the Director of Finance be authorized to make payments for
grass cutting up to $250 without Council approval, Ms. Petersen reported payments
to contractors for grass cutting: $125 for services at
EMT Allocation
Willards Volunteer Fire Department is requesting its County appropriation for EMT coverage. Willards certifies they have four part-time paramedics and a pool of eight when the four are not available; this amounts to approximately $5,000. Upon motion by Mr. Dodd, seconded by Mrs. Bartkovich and unanimously carried, Council approved the request.
Impact Fees Collected
At Council’s request, Ms. Petersen reported total impact fees collected beginning July l, 2006, $68,003. Council revised their request to monthly reports rather than each meeting.
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 July 31, 2006.
Audit
Mrs.
Prettyman asked when the audit would be received, that with the change in the
county’s form of government it would be a good tool to have before the
newly-elected County Council members and
EDGAR A. BAKER, JR.,
PUBLIC
HEARING: Notice was 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 at
the
There were no public or Council comments. Upon motion made by Mr. Long, seconded by Mr. Dodd and unanimously carried, Council approved.
City
of
The
Public Hearing to grant an easement to the City of
Intergovernmental
Agreement
Mr.
Baker requested approval of the Intergovernmental Agreement between Maryland State
Department of Human Resources, Wicomico County Department of Social Services
and Wicomico County Government for Child Welfare Positions. The State provides
grant funds to
DEPARTMENT OF PUBLIC
WORKS, ROADS, SOLID WASTE
P.
Subdivision: Deer Creek Estates Section No. 3
Location:
Applicant: Parker & Associates
Owner(s): BD Road LLC
The applicant proposes to subdivide thirty-three (33) lots,
approximately one acre each, from two existing parcels. A 1.6 acre parcel for
the storm water management facility, a 50.1 acre parcel for the set-aside and
0.7 acres of roads are also being created. Five lots will front and have access on
A Homeowner Association shall be created to maintain the storm water management facility, drainage and maintenance easements and forest conservation easements 6)
the fifty percent set-aside must be established by plat and
document 7) a note referring to the Right to Farm Chapter of the
8) additional rights-of-way shall be dedicated to the County
thirty (30) feet from the centerline of
9) direct vehicular access to Ben Davis Road shall be denied to all proposed lots including Lots one and two, 10) direct vehicular access to Morris Road shall be denied to Lots 3, 32 and 33.
The Department of Public Works recommends approval of this subdivision by the Planning Commission, subject to the proposed conditions being met. Council concurred.
Dredging Reserve
Mr. Sharma requested use of funds generated from the sale of timber on a portion of the dredge material placement site at Sharps Point Road, to be used toward lease payments for the dredge material placement site (Nanticoke) that will facilitate dredging the Wicomico River in that area. Upon motion made by Mr. Taylor, seconded by Mrs. Prettyman and unanimously carried, Council approved the transfer of funds and use as recommended.
White Tail Subdivision - Irrevocable Letter of Credit
Mr. Sharma submitted a letter of credit from Farmers Bank of Willards for $22l,500 to guarantee completion of the road and storm water management facility. This allows the plat to be recorded and building permits to be obtained; no occupancy permits are issued until construction is complete. Once the work is complete and acceptable, notification will be issued to release the surety. Upon motion made by Mr. Dashiell, seconded by Mrs. Prettyman and unanimously carried, Council approved the letter of credit.
Twelve Oaks
Subdivision – Irrevocable Letter of Credit
Mr. Sharma submitted a letter of credit from Hebron Savings Bank for $609,284.50 to guarantee the completion of the storm water management facility and roadway facility. This allows the plat to be recorded and obtain the building permit however no occupancy permits are issued until construction is complete. Once the work is complete and acceptable, notification will be issued to release the surety. Upon motion made by Mr. Dashiell, seconded by Mr. Taylor and unanimously carried, Council approved the letter of credit.
Excavator
Mr. Sharma recalled Council recently approved the purchase of an excavator for the landfill to be used at the dredge material placement sites. The project is budgeted and the low bid is $393,877. Alban Tractor Co., Inc. offered to lease the Caterpillar model at 5.85% however Sun Trust Leasing will lease at 4.15% for sixty months. Mr. Sharma recommends awarding the lease to Sun Trust Leasing. Mr. Long motioned to approve. Mr. Dodd seconded the motion and it was unanimously carried.
Coulbourn Mill Dam
Mr. Sharma submitted the Tabulation of Bids for Coulbourn Mill Dam. Two bids were received: Atlantic Marine, $700,544.60 and Precision Grading, $556,075. He recommends awarding the bid to Precision Grading. In order to accomplish payment, Mr. Shea recommended the following; utilizing the balance of $391,971 remaining in the 2003-2004 Capital Bond Issue (438) for the project, $28,000 which is 25% of the original bond amount of $400,000 and transfer $136,104 from the Operating Budget for Capital Projects. Mr. Long offered a motion, which was seconded by Mr. Taylor and unanimously carried.
Railroad Crossing Updates
Parker Road Railroad Crossing: The road is completely closed. The rail work should be completed by the end of the week.
Naylor Mill Railroad Crossing: Work will begin August 21st. The road will be closed for another week. Schools open on the 28th; which should at most, inconvenience buses for one day.
Paving Schedule
At its last meeting Mr. Sharma told Council he would present the paving schedules however, since the need is greater than anticipated the report will be forthcoming; in order to present the most accurate information.
Mr. Sharma reported the City of
JACK LENOX, DIRECTOR, DEPARTMENT OF PLANNING,
ZONING AND COMMUNITY DEVELOPMENT
District Agreement – Agricultural Land Preservation
Program
MAJOR DORIS
SCHONBRUNNER – OFFICE OF THE SHERIFF
Burglaries
Major Schonbrunner updated Council on recent night-time
burglaries in the areas of
ATV’s and Dirt Bakes
Major Schonbrunner called attention to Maryland Law as it regards ATVs and dirt bikes. The department has received more than fifty complaints since the beginning of the calendar year, with most complaints due to noise and trespassing. She distributed a pamphlet prepared by the Office which covers trespass, use of vehicle on private property, wanton entry on cultivated land, disturbance of the public peace and disorderly conduct, fines and disciplinary actions.
In response to questions, Major Schonbrunner reported the
progress of reopening a substation in Pittsville; that the department is
working toward opening a substation on
President Sarbanes entertained public comments while awaiting the next presenter.
PUBLIC COMMENTS
Dr. DiGiovanna submitted a prepared statement for use by Council members regarding affordable housing; the Deer Creek Estates plat, and new data he has received from the Planning and Zoning Department.
Regarding the presentation for Sassafras Meadows, Karen Basile, resident, cautioned Council to deed-restrict the housing units for seniors. She also called attention to areas adopting the concept of work force housing; the developer is requested to set aside a number of housing units for service level employees; police, teachers, firemen, emergency first responders.
AUDREY SCOTT, SECRETARY, MARYLAND DEPARTMENT
OF PLANNING
Overview
Secretary Scott
presented an overview on growth issues in Maryland highlighting the following
areas: Wicomico County’s Comprehensive Plan; school enrollment; complimented Wicomico
County on receiving full requests ($4.178) submitted to Interagency Committee
for Public School construction; managing growth; competitive agricultural land
preservation programs; water and sewer plans, Maryland Heritage grants,
Heritage Trails, tax credit programs and tourism in Maryland. She presented a packet with basic information
about what the department does, publication lists, models and guidelines;
including Adequate Public Facilities Ordinances and Transfer Development Rights
Ordinances. The packet also includes,
The Red Book Online,
RON FRANKS,
SECRETARY, DEPARTMENT OF NATURAL RESOURCES
Recalling comments from Major Schonbrunner regarding ATVs and dirt bikes, Secretary Franks reported these same concerns are occurring around the State. The Department is working with the Department of Transportation in an effort to help resolve the concerns. He reported, approximately 468,000 acres of forests and parks is being explored by ATVs and dirt bike; four parks are trailed and marked for this purpose. Mr. Franks posed several theories to help eliminate the problems and offered to work with the Office of the Sheriff to help develop recommendations that could be implemented. Following discussion, Mr. Dodd added that his concerns regard safety rather than disciplinary actions for noise and trespassing.
Secretary Franks also presented statistical information on waterway improvement projects; community parks and playgrounds, program Open Space, rural legacy, natural and cultural resources, wildlife habitat, water quality, support for resource base industry of forestry, fishing, tourism, wetland restoration projects, watershed health, use of GIS mapping, the County’s effort to work with the City of Salisbury to improve downtown public access and incorporation of an accessible public walkway along the river. At the conclusion of his report, Secretary Scott wished to add that the packet included Adequate Public Facilities Information, of which Mr. Dodd asked whether APFO is viewed as a growth management tool. Secretary Scott responded, while the State recommends an APFO, each jurisdiction has to make that determination based on its circumstances, that APFO mandates a partnership between the county and developers.
COUNCIL COMMENTS
Mrs. Bartkovich recalled a Daily Times article regarding a
proposed adult entertainment club that wishes to locate in the Town of
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. Dodd motioned to close the meeting; it was
seconded by Mr. Dashiell and 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
August 15, 2006
CERTIFICATION
These minutes were
approved on September 5, 2006 by the