Council Minutes
The Wicomico County Council met in Executive Session on
President Sarbanes brought the meeting to order and announced that Council member Dodd would present the Governor Ehrlich’s Proclamation recognizing September 11, 2004 as 9-1-1 Emergency Numbers Day. Sandra Silvia, Director, Emergency Services, accepted the Proclamation with thanks.
On motion of Mrs. Bartkovich, seconded by Mr. Dodd, Council unanimously accepted the Minutes of August 17, 2004 as amended.
ADMINISTRATIVE DIRECTOR’S REPORT
Theodore E. Shea, II, submitted the following items of business.
Lease Agreement: The Local Management Board requests review and approval of a
lease agreement for its office space plus expansion to accommodate the Local Coordinating Council, located at 540 Riverside Drive. Prior to discussion, Mrs. Bartkovich stated that she would abstain from review and action on this request. Following a brief discussion with Linda Hardman, Director, LMB, and on motion of
Mr. Dashiell, seconded by Mr. Dodd, six Council members unanimously approved the lease agreement.
Requests for Tax Exemptions: Mr. Shea has received a request from Bay Steel, Inc. for a Manufacturer’s Tax Exemption. The Company has purchased the majority of equipment from Salisbury Steel Products, Inc. In addition, a similar request from Chesapeake Engineered Wood & Truss has been received. Following a brief discussion, Mr. Long motioned to approve both requests contingent upon the receipt of State eligibility. The motion received a second from Mr. Dodd and was unanimously approved.
Housing Authority: Mr. Shea stated that at the request of Housing & Urban Development, the Housing Authority Board of Commissioners recommends the following action to accomplish staggered terms:
Re-appointment of Chris Mills – term to expire March 2006;
The term of Robert Farrell to remain the same – term to expire August 2005;
The term of Mary Ashanti to remain the same – term to expire January 2009;
The term of Robert Martin to remain the same – term to expire March 2008;
The term of Mary Jane Marine changed to expire March 2007.
On motion of Mrs. Prettyman, seconded by Mr. Taylor, Council unanimously approved the request as submitted.
In addition, Council concurred to begin quarterly work sessions with HUD officials and the Housing Authority Board of Commissioners at 1:00 p.m., on October19, 2004, January 18, 2005, April 19, 2005, July 19, 2005 and October 18, 2005.
Appointments: Gary Mackes, Director, Recreation, Parks & Tourism, submitted the names of Bill Hearne, Kim Marino, Tammy Bugas and Barthine Sells, all of whom have expressed interest in serving on the Recreation Commission. Currently, representatives for Delmar, West Metro Core and Westside are needed.
In addition, the Convention and Visitors Bureau Advisory Board is requesting the re-appointment of Kathleen McLain and Wayne Strausburg for three-year terms and to appoint Mike Getzey as the hoteliers’ representative. On motion of Mr. Long, seconded by Mr. Dashiell, Council unanimously approved the appointments as recommended. (note to readers: please refer to last page of Minutes for a correction to this action).
DBED Grant: Council is asked to consider adoption of a Resolution authorizing the Mid-shore Regional Council as agent to apply and receive a $25,000 grant from the Department of Business and Economic Development of the State of Maryland, from the Maryland Economic Development Assistance Authority and Fund. Grant funds, when awarded shall be used to help fund the Business Case Feasibility Study for the Eastern Shore Broadband Initiative.
Transfer of Payroll: Mr. Shea referred to a memorandum from Tom Calo, Director, Human Resources and Patricia Petersen, Director of Finance, outlining specific actions to be formally approved by Council to transfer the payroll function to Human Resources:
a) reclassify an employee from grade 9 to grade 10; replace retired payroll manager with a new position; b) approval of two budget transfers for the remainder of budgeted outside payroll service and salary expense for transferred personnel; c) approval transfer of $7,907 from Contingency to pay retiree’s accumulated annual leave, compensation and sick time; d) approve establishing a $50 petty cash fund for Human Resources to handle cash payments for medical benefits by retirees. (It should be noted that Council had discussed and agreed upon these actions during a work session, which require formal approval during Executive Session). Following a very brief discussion, Mr. Long motioned to approve the above referenced requests. The motion was seconded by
Mr. Taylor and received unanimous approval.
Mrs. Bartkovich stated that Council has been requested to schedule a meeting with Delegate Jeannie Haddaway. Mr. Shea stated there are several requests for meetings and asked if Council would like to discuss them now or during work session. Council agreed to discuss at the end of today’s meeting, if time allows.
FINANCIAL REPORT
Being the first meeting of the month, Mrs. Petersen reported that the above referenced transfer from Contingency was the first transfer for this fiscal year.
Payment of Invoices: Mrs. Petersen then submitted the following invoices for payment to contractors for grass mowing services: Jobs Unlimited, $180; J & J Lawn Care, $125; Chesapeake Service, $180. On motion of Mr. Dashiell, seconded by Mr. Dodd, Council unanimously approved the requested payments.
Personal Property Tax: Mrs. Petersen requested permission to remove personal property taxes delinquent for 1996 and 1997, in the amount of $355.48, from the tax rolls. The business has been defunct for several years. On motion of Mr. Long, seconded by
Mrs. Bartkovich, Council unanimously approved the request.
Rating Agencies: Mrs. Petersen reported that all three rating agencies verbally affirmed the same previous ratings, constituting good reviews: Standard & Poor’s, A+; Fitch, A+; and Moody’s at A2. Council will be provided the final reports when received. All three agencies gave favorable remarks regarding good financial management, achieving the Reserve Fund goal, low debt level, quick repayment, good growth in tax base and the fiscal 2005 budget reflects working within the county’s means. The property tax limitation, which would continue to be monitored, is now considered a lower priority by the agencies.
Mrs. Bartkovich referred to an upcoming State meeting at Chesapeake College addressing the Chesapeake Bay Restoration Fund, otherwise referred to as the “flush tax”. This $30 tax becomes effective January 1, 2005 for municipal water/sewer users; on October 1, 2005, the tax would also apply to septic system users. All Counties are required to collect the tax. Mrs. Petersen remarked on the complexities of identifying who would be billed; since the County does not bill for water and sewer services other than Urban Services Districts, the County must assume whoever is not on municipal water and sewer services would be billed as septic system users if the property contains improvements. Mr. Long asked how this would affect water and sewer agreements between municipalities and residents who are receiving the service, but not a part of an Urban Services District; Mrs. Petersen said that if the municipality is currently billing such users, the tax would be included. Several City and County representatives, as well as Mrs. Bartkovich, plan to attend the meeting.
Rating Agencies – continued: Mr. Taylor requested a comparison of agency ratings for the period of 1990 to date.
Sale of Bonds: Mrs. Petersen reported that it is appropriate for Council to set the parameters of the interest rate for the upcoming Bond sale on September 9th and to authorize the Administrative Director to accept the lowest rate accordingly. On motion of Mr. Long, seconded by Mr. Dashiell, Council authorized Mr. Shea to accept a bond sale interest rate of not more than 4.0%.
PLANNING, ZONING & COMMUNITY DEVELOPMENT
Metropolitan Planning Organization: John Lenox, Director, and Maryellen Gray, Transportation Planner, updated Council on the establishment of the Metropolitan Planning Organization. Mr. Lenox stated the Memorandum of Understanding has received State and Federal agency approval and it is now appropriate to appoint three County representatives, all of which would be voting members. Ms. Gray provided a list of members already appointed by other entities. Mr. Lenox anticipates that following the organizational meeting and adoption of Bylaws and Procedures, a Technical Committee would be established; however, the requested appointments would serve on the Policy Committee. Mrs. Prettyman volunteered to serve; and at Mr. Sarbanes inquiry, Mr. Long and Mr. Shea also agreed to serve. On motion of Mr. Long, seconded by Mr. Taylor, Council unanimously approved the County representatives.
Updates: Mr. Lenox advised that staff has begun updating of the Comprehensive Plan; two initial components, transportation and the water & sewer plan, has prompted Ms. Gray to issue requests from municipalities for related information. Mrs. Prettyman asked when the review must be completed; Mr. Lenox stated with the process already begun; however, water and sewer issues should be addressed first. While there is no projected completion date, the process must remain on a tight schedule.
Mrs. Prettyman also asked about the proposed Hebron annexation. Mr. Lenox stated Hebron’s Town Council held a public hearing and approved the annexation prior to Planning Commission’s review. The Planning Commission has determined the plan is not consistent with the County Comprehensive Plan and must be brought before Council for approval of zoning designation. Mr. Lenox suggested that Council might wish to meet with the Developer before a decision is made and reminded Council the issue is within the time frame for a referendum.
Mr. Dodd asked if Mr. Lenox anticipates issues similar to those that occurred in Pocomoke; Mr. Lenox replied that might occur, although he is unaware of the status of any official decision.
Mrs. Prettyman asked if Hebron residents support the annexation; Mr. Lenox stated that residents attending the public hearing generally opposed it, while the Town Council unanimously supports the annexation. The water and sewer impact is yet undetermined and in any case, would come before the County Council. Following further discussion,
Council felt it might be advantageous to meet with the Developer on September 21st.
Housing-registration: Mr. Long inquired about establishing a database for housing registration. Mr. Lenox requested a work session to review the entire code enforcement, which would include landlord registration. Council agreed to schedule the work session on September 21st.
Mrs. Bartkovich asked about funding for the water and sewer study for the east side of the county. Mr. Lenox replied that this is included in the Water and Sewer Plan. It is his understanding that the county needs to identify sections of the county needing service and then determine service options to best provide that service (by municipality, individual system, etc.); this is being coordinated by the Maryland Environmental Service, who performed the original feasibility study.
DEPARTMENT OF PUBLIC WORKS
P. Rai Sharma, Director and John Redden, Deputy Director, submitted the following subdivision plats for Council’s review:
Subdivision: for Powell DPW 25-04
Location: Forest Grove Rd.
Applicant: William Hitchens
Owner: Raymond & Marguerite Powell
The applicant proposes to subdivide a two-acre lot from a 12.6 acre parcel. The existing mobile home will remain on the proposed lot, while the existing dwelling, poultry houses and barns will remain on the remnant. Both the lot and remnant will front and have access on Forest Grove Road, a major collector. It should be noted that due to the location of the existing poultry houses, barn and mobile home, the applicant is requesting approval of a pipestem lot. To avoid the creation of a pipestem lot, 100 feet of frontage could be provided and narrow up before reaching the barn. The Department recommends approval to the Planning Commission, subject to the following conditions being met:
the final plat shall comply with subdivision and Forest Conservation regulations; Health Department approval is required; the front building setback on Lot 1 shall be determined by the Planning Commission if this remains a pipestem lot. Following review, Council concurred with the recommendation and all conditions.
Subdivision: Parsonsburg Woods DPW 26-04
Location: Parsonsburg Road
Applicant: ESP Design Services, Inc.
Owner: Jason & Kristin Hathway and
John Nielson
Applicant proposes to subdivide 14 lots from a 56.5 acre parcel (Parcel 304) and re-subdivide a 5.4 acre parcel (Parcel 331). All new lots will front and have access on a proposed interior street. The re-subdivided lot will continue to front and have access on Parsonsburg Road, a major collector. During a sketch plat review by the Planning Commission during December 2003, it was noted that an acceleration/deceleration lane would be needed and which might require additional road right-of-way from the adjacent property and relocation of the existing utility poles. A drainage outfall is required unless the 100 year storm can be infiltrated. It might be feasible to drain to a tax ditch, but would require expansion of the Beaverdam Public Drainage Association by Council and the PDA. Since a majority of the property consists of hydric soils, non-tidal wetlands delineation should be provided to verify compliance with state and federal regulations.
The Department recommends approval to the Planning Commission, based on the following conditions: the final plat shall comply with subdivision and Forest Conservation regulations; construction improvements plans shall be submitted to approval to the Public Works Department and adequate drainage and maintenance easements must be provided; a Homeowners association shall be created to maintain the stormwater management facility, drainage, maintenance and forest conservation easements; Lot 5 is subject to a front building setback from the abutting Old Oak Lane; all existing structure must be shown including those on Lot 1A; Lot 12 must be reconfigures to eliminate the narrow strip adjacent to Lot 11; and the set-aside shall be established by both plat and deed. All conditions and the recommendation received Council concurrence.
Subdivision: for Payne DPW 27-04
Location: Carioca Road
Applicant: Hampshire, Hampshire & Andrews, Inc.
Owner: Robert & Angela Payne (RAP Properties, LLC)
Applicant proposes to re-subdivide two existing parcels, one 2.8 acres and one 5.4 acres, into three lots, all of which will front and have access on Carioca Road, a minor collector.
Numerous lots have been subdivided from the original parcel since zoning went into effect in this area in 1957. Included among these was Parcel 174, a 20 ft. pipestem lot and Lot 3, a 50 ft. pipestem lot. A special exception was granted by the Board of Zoning Appeals in 1978 for the existing mobile home provided it was not used as a rental and the property was subdivided to avoid two dwellings on one property. The subdivision never occurred and ownership is under a rental company. Due to the fact that the two dwellings existed prior to 1999, the Simms Amendment allows this subdivision without strict conformance to zoning code and frontage requirements under regulations. However, the 50% set-aside can and should be provided. The Department recommends the Planning Commission’s approval of the subdivision subject to: the final plat shall comply with subdivision and Forest Conservation regulations; Health Department approval is required; the front building setback on both pipestem lots must be determined by the Planning Commission; a 50% set-aside shall be established by both plat and deed; and a waiver of density requirements and frontage requirements is needed by the Planning Commission per the Subdivision regulations. Following this review, Council unanimously concurred with the recommendation and conditions.
Notices: Mr. Sharma announced the Landfill would hold a Household Hazardous Waste Collection Day for county residents on Saturday, Sept. 18, 2004, from 8:00 a.m. until 3:00 p.m.
A Public Notice has been issued advising County residents of the closure of Upper Ferry, beginning September 7, 2004 and continuing for approximately 90 days to allow for bulkhead and ferry repairs.
Request for Speed Limit Reduction: Mr. Sharma and staff have received a request from residents of Woodyard Road to post a speed limit. After investigation, the Department has determined that approximately 1 mile encompassing the clustered residential area is curved and narrow. Currently, the road is not posted, thereby allowing a 50 mph speed limit. Mr. Sharma is recommending a 30 mph limit. On motion of Mr. Taylor, seconded by Mr. Dodd, Council unanimously approved the request, based on Mr. Sharma’s recommendation. In addition, Mr. Dashiell commended Public Works staff for their responsiveness to residents’ requests of this nature.
Traffic Study Update: Mr. Sharma wished to respond to a recent public comment during a prior Council meeting, stating the need for a traffic study at the intersection of Naylor Mill and Jersey Roads. Mr. Sharma reiterated that City of Salisbury and Wicomico County are requiring the Developer to perform a traffic analysis of the intersection on Jersey and Naylor Mill Roads for the potential impact of this development. The cost of the study, currently underway, is to be borne by the Developer. Depending upon the options reflected in the study, the County might have to purchase some property to make improvements to this intersection. Mr. Dodd asked if there are any figures showing the volume of traffic through Naylor Mill Road and whether a stoplight at the intersection might cause considerable back up. Mr. Sharma said that the office has a traffic count from 1998; the new analysis would provide updated information; Mr. Sharma also expressed his concern that a stoplight would create lengthy back-ups.
State Highway Administration: A pre-tour meeting is scheduled for October 20, 2004 to discuss priority issues in preparation for the annual Md. Department of Transportation meeting in November.
Conditions of roads: Staff has received numerous calls regarding the condition of certain county roads. Mr. Sharma reiterated that Public Works does not ignore public requests; it is a matter of insufficient money to repair all roads that need attention.
Mrs. Bartkovich asked if the department has received any public comments about the Wetipquin bridge project. Mr. Sharma said that a few Tyaskin residents, members of the Friends of the Nanticoke and other individuals have expressed support not only to the County, but, to the U. S. Coast Guard for the County’s plan for repair. Mr. Sharma has not received any letters of opposition.
COUNTY ATTORNEY
Edgar A. Baker, Jr., announced the postponement of action on a Quit Claim Deed, which will be scheduled during the Executive Session on September 21, 2004.
Mr. Baker then conducted the following public hearings:
Notice was given, in compliance with Section 22-2(G) of the Wicomico County Code, that the County would hear public comments on the proposed resolution to acquire from Richard Insley and Dorothy Ansell a parcel of land in the Nanticoke Election District, Bivalve, Maryland, consisting of 8.8 acres on the corner of Cedar Hill Parkway and Route 349. The property is to be acquired by the County at a price of $83,500 for the purpose of park, open space and recreational purposes.
Mr. Baker explained that a portion of Cedar Hill Park might be used as a dredge disposal site; acquisition of this land would allow relocation of park facilities, if necessary. Mr. Baker stated that Gary Mackes is in attendance and could answer specific questions.
It should be noted that the Sellers have offered to return $15,000 of the purchase price for the privilege naming rights for the park.
Mr. Sarbanes called for public comments, but there were none. Mr. Sarbanes then called for Council comments. Mrs. Prettyman prefaced her question by complimenting the manner in which the Recreation & Parks staff conducted the public meeting; she then asked Mr. Mackes to again explain to the public the purpose of this acquisition.
Mr. Mackes explained the County has received $770,00 from the State to dredge the channel and boat basin; the project will be bid shortly and work should commence after Thanksgiving. There is a dredge disposal area on site and the department might need to displace the softball/soccer field to accommodate the “build up” of the dredge spoil site. If this becomes necessary, this land acquisition would provide a new location for the ball field and a parking lot and is considered as a “back-up” plan. Mr. Mackes explained that the Insley family donation of $15,000 is based on the right to name the new park in memory of Mr. Curtis Insley; the County would use the donation to match State funds.
Mrs. Prettyman referenced a letter received from Judith Stribling, Friends of the Nanticoke River, which addresses concerns about the disposal dredge spoil material.
The organization believes the current approach will not work much longer and suggests the County explore the alternative of using the material for maintaining eroding land in the Bay. Mrs. Prettyman asked if this suggestion is possible; Mr. Mackes explained that dredge material is not clean sand and the cost of displacing such material further away can become cost prohibitive.
There were no further Council comments. On motion of Mr. Dashiell, seconded by
Mrs. Prettyman, Council unanimously adopted a resolution for the referenced land acquisition.
Notice was given, in compliance with Chapter 19, Section 119-35 of the County Code, that the Council will hear objections to the proposed Lease Agreement between the County’s Airport Commission and the United State of America, Federal Aviation Administration, whereby the FAA proposes to lease 982 square feet of office space on the second floor of the former terminal building, for a term of five years at a monthly rental of $910.00.
There were no public comments or Council comments. On motion of Mr. Dashiell, seconded by Mrs. Prettyman, Council unanimously approved the lease as submitted.
Mr. Baker advised that in Compliance with Chapter 119, Section 119-35 of the County Code, the County Council would conduct a performance evaluation session with Comcast Cable. Mr. Baker explained topics that could be discussed during the session include franchise fee, penalties; application of new technologies; system performance; customer complaints; privacy; amendments to Chapter 119; judicial and FCC rulings; line extension policies; and grantee or County rules. He also provided a brief history of the Franchise Agreement. Points included were as follows: Comcast has held the franchise agreement with the County since the 1970’s; originally, the County Council had the authority to regulate rates, however, in 1987, the Federal Communications Commission rescinded this right from franchising authorities. Except for the rate for basic tier level service, the FCC regulates programming rates. Mr. Baker stated that in the past, four cable companies operated in this area; the County Council has never granted monopoly rights to any company.
Mr. Sarbanes invited Messrs. Tom Worley and Henry Pearl, Comcast Cable, to join Council. Mr. Pearl provided information about extensive technical upgrades, improving quality of service and the very competitive nature of the business. Mr. Pearl stated that technical upgrades were completed in 2002, requiring a $16 million investiture to serve its 15,000 customers. He also addressed the levels of service offered, from the first tier
“lifeline” to its premium service, stating that Comcast tries to maintain affordable levels of service.
Council comments and questions included: whether the restructuring costs were shared “across the board”; whether the determination of areas served included a “rural factor”; whether Comcast could provide numbers for how many residences do not or cannot have cable in their service areas; with the realignment of channels, the perception of decreased quality of the product; the concern that a large portion of the population on fixed incomes are finding affordability more difficult and encouragement to find ways to provide a quality, appealing and less expensive product; that fire companies are charged for the service at commercial rates and the suggestion to either reduce or donate the service.
Public comments included: concern for rising costs without improvements; expressed frustration with the perceived “de facto monopoly” that exists; requested leadership from Council; suggestion for a consumer strike; concerns for lack of customer service, quality of service; question of whether an additional fee paid by customers as an attempt to recover franchise fee cost; dissatisfaction of the choice of channels on the basic service;
County’s option of requiring Comcast to advertise notice of performance evaluation sessions, suggesting such sessions should be held in the evening for the public; local service costs as compared to other nearby counties; dissatisfaction in the length of time required to obtain temporary cable service and the reduction in the number of channels available on specific tiers.
There were also comments regarding Comcast’s service to the community through public service announcements, the public access channel and support to local civic and service organizations.
With public comments concluded, Mr. Sarbanes thanked all parties for attending today’s meeting.
Rai Sharma, Director of Public Works and John Redden, Deputy Director, conducted the following public hearing:
Notice is hereby given that a public hearing will be held on Tuesday, September 7, 2004, for an amendment to the Wicomico County Water and Sewer Plan, allowing inclusion of a proposed residential development. Homes at Foxfield is a 112 unit apartment complex, which would be serviced by public water and sewer from the City of Salisbury.
Mr. Redden gave a brief explanation that the complex is located within the corporate limits of the City of Salisbury and already under construction; however, the City did not notify the County in a timely fashion so that this annexation could be included in its Water and Sewer Plan by the amendment process. Mr. Sharma is recommending approval to proceed with this process.
It should be noted that no public comments were received, nor any Council comments. On motion of Mr. Taylor, seconded by Mrs. Bartkovich, Council approved the amendment as submitted and the public hearing was concluded.
MISCELLANEOUS COUNCIL BUSINESS
Mrs. Bartkovich announced that the first class of candidates at the D.R.I.L.L. Academy would graduate next Tuesday.
Mrs. Prettyman asked the Administrative Director to follow up on her request for information regarding the number of households in the County that do not have access to cable service.
Council then chose September 21st as the date to meet with Delegate Haddaway; Council will plan to meet with the local delegation in December.
Council discussed the feasibility of attending the Maryland You Are Beautiful luncheon on September 21st since that is also a Council meeting day.
MACo representatives David Bliden and Jim Harkins is requesting a meeting with Council in either October or November, with Council suggesting a lunch meeting on a Council day might be suitable.
Mr. Shea reminded Council of the November 16th meeting with Md. Dept. of Transportation officials and invited Council to attend the local October 20th pre-tour meeting.
Mrs. Prettyman reminded everyone of the March of Dimes “Best of the Eastern Shore” event scheduled for September 16th.
Mr. Taylor then motioned to adjourn Executive Session and reconvene in a closed work session, as authorized by Section 10-(508)a of the State Government Articles of the Annotated Code of Maryland. The motion received unanimous approval.
Following today’s closed work session, the Wicomico County Council reconvened in Executive Session to clarify its appointments to the Recreation Commission. On motion of Mrs. Prettyman, seconded by Mr. Dashiell, Bill Hearne, Kim Marino and Barthine Sells were appointed; the motion received unanimous approval.
The meeting was then adjourned.
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Anthony Sarbanes, President Gail M. Bartkovich, District 3
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Charles R. Dashiell, Jr., Vice Pres. Marvin R. Long, District 4
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Edward T. Taylor, District 1 Larry W. Dodd, District 5
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Stevie Prettyman, District 2
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Theodore E. Shea, II
Administrative Director