Wicomico County, MD
Council Minutes
September 19, 2006
The Wicomico County Council met in Executive Session on
Tuesday, September 19, 2006, at 10:00 a.m., Council Chambers, Government Office
Building, Salisbury, Maryland. Present were Anthony Sarbanes, President;
Charles R. Dashiell, Jr., Vice President; Edward T. Taylor, Stevie Prettyman, Gail M. Bartkovich, Marvin R. Long
and Larry W. Dodd.
Councilman Taylor presented a Letter of Acknowledgment to Frank McKenzie, First Place Winner in the Crisfield
Crab Cooking Contest; one of Maryland Eastern Shore’s favorites. Mr. Taylor, who prides himself as a pretty good cook said Mr. McKenzie now
walks among culinary legends. Frank McKenzie is also a long-time Wicomico County
employee; Chief, Technical Services.
President Sarbanes brought the meeting to order calling for
a motion to approve the Minutes of September 5, 2006. On motion made by Mrs. Bartkovich, seconded
by Mr. Taylor and unanimously carried, the Minutes of September 5, 2006 were
approved.
ADMINISTRATIVE
DIRECTOR
Theodore E. Shea, II, submitted the following items of
business:
Habitat for Humanity
Habitat for Humanity of Wicomico County, Inc. is submitting
an application for tax credits under the Community Investment Tax Credit for
construction of new Habitat houses in the East Church Street Neighborhood
Revitalization Project and in the Kirkwood Subdivision. Council is requested to
submit a Resolution in support of the application. Upon motion made by Mr. Long, seconded by Mr.
Dashiell and unanimously carried, Council approved the request.
Board of Education - Budget Transfers
Present were E. Bruce Ford, Comptroller and Henry
Wagner, Director of Secondary Education. Mr. Shea reported a request to transfer
funds between categories of the Board’s approved Annual Budget in the amount of
$138,856, for the month of September.
The request received approval of the Board at its regular meeting on September
14, 2006. Upon motion made by Mr. Long, seconded by Mr. Dashiell and
unanimously carried, Council approved. For information, Mr. Shea reported the
Board gave its approval to make transfers of funds within major categories of
its Annual Budget for Fiscal Year 2006-2007 during the month of September, in
the amount of $8,792; transfers within major categories do not require Council
approval. In accordance to a “gentlemen’s agreement” with a previous Council,
the Board gave its approval to make transfers of funds under $l,000.00 between
categories of its Annual Budget for Fiscal Year 2006-2007 during the month of September,
in the amount of $2,119.
Workforce Investment Board
Tri-County Council Executive Director
Michael Pennington recommends the appointment of Dana Seiler to the Workforce
Investment Board. Upon motion made by Mr.
Long, seconded by Mr. Taylor, Council unanimously approved the appointment of Dana
Seiler. Mrs. Prettyman asked that vacant Wicomico County
positions be advertised. Mr. Shea will relay the request.
Wicomico County Commission
on Aging
Upon motion made by Mr. Dodd,
seconded by Mr. Dashiell and unanimously carried, Council appointed Rhonda
Evans and Natalie W. Hopson to the Wicomico County Commission on Aging. The appointments replace Sharon Engster and
Elisabeth Orchard, whose terms are complete.
PATRICIA
PETERSEN, DEPARTMENT OF FINANCE
Statement
of Latest Investment Rates/Balances for all County Funds
Ms. Petersen submitted the Financial Report. Total General
Fund balance, $457,045, Capital Project Fund balance, $62,904,095; Total Major
Non-designated Funds, $89,025,226; and Total Reserve Funds of $16,695,332.
Amount used from Contingency to date, $40,400; Contingency balance, $959,600.
Room Tax Collection
Total collections through the fourth quarter (2006),
$1,037,421.05; last fiscal year collected, $773,116.23. Wicomico
County’s room tax rate
increased last fiscal year from 5% to 6%. There are no delinquent accounts as
of June 30, 2006.
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 for grass cutting at 27753 Leeward Drive, $150; 2523
Old Ocean City Road, $225 and 8620 Memory Garden Lane, $85.
Approval was
requested for grass cutting in the amount of $275 at 2687 Hickman Lane, Nanticoke,
Maryland. Upon motion made by Mr. Dashiell, seconded by
Mrs. Prettyman and unanimously carried, Council approved.
Permits to
Operate
For the period
beginning June l, 2006 and ending May 30, 2007, unless revoked sooner, the
following permits were approved on motion by Mr. Long, seconded by Mr. Taylor
and unanimously carried. Taxes are paid
and the establishments meet all requirements.
Kush, Inc., t/a
Super 8 Motel, 2615 North Salisbury Blvd., Salisbury, Maryland, 21801
Arvin Patel,
Owner, Days Inn-Salisbury, 2525
North Salisbury Blvd., Salisbury,
Maryland 21801
Shree Lalaji,
LLC, Owner, t/a Best Western Salisbury Plaza, 1735 North Salisbury Blvd., Salisbury,
Maryland 21801
Bakulesh H.
Patel, Owner, t/a Country Inn & Suites, 1804 Sweet Bay Drive, Salisbury,
Maryland 21801
Bakulesh H.
Patel, Owner, Microtel Inn & Suites, 3050 Merritt Mill Road, Salisbury,
Maryland 21804
Ms. Petersen
reported current fiscal year collected Impact Fees, $172,582; total collections
for last fiscal year and the current year, $268,882.
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 August 31, 2006.
DEPARTMENT OF PUBLIC
WORKS, ROADS, SOLID WASTE
P. Rai Sharma,
Director, submitted the following items of business:
Subdivision: Malone Business
Park
Location: Stockyard Road
Applicant: Parker
& Associates
Owner(s): Woodrow
Malone
The applicant proposes to subdivide two existing parcels
into ten lots averaging 1.7 acres each, leaving a 27.7 acre remnant. The lots and remnant will front and have
access on a proposed interior street. Stockyard Road is classified as a minor
collector and South Fruitland
Blvd. (US Rt. 13) is a State highway. Several sketch
plats have been submitted for this property.
The Planning Commission reviewed one on October 16, 1997 another on
August 16, 2001 and a third on June 15, 2006.
A preliminary plat was reviewed by the County Council on March 3, 1998
and approved by the Planning Commission on March 19, 1998, which has since
expired. Consideration should be given
to providing landscaping for this development similar to that required in Beaver Run Business Park
and WinterPlace Executive Park.
Proposed Conditions: 1) the final plat shall comply with the subdivision regulations
2) Health Department approval is required 3) the subdivision shall comply with
Forest Conservation Regulations as administered by the Planning Office 4) construction
improvement plans shall be submitted for approval to the Public Works
Department 5) a property owners association shall be established to own and maintain
the common areas, including the storm water management facilities 6) all lots
shall be denied vehicular access to Stockyard Road and South Fruitland Blvd. 7)
adequate drainage and maintenance easements must be provided 8) a landscaping
plan shall be provided for this business park as directed by the Planning
Commission. The Department of Public Works
recommends approval of this subdivision by the Planning Commission, subject to
the proposed conditions being met. This
is a commercial development with no residential facilities. Council concurred
with conditions and the department’s recommendation.
Coulbourn Mill Dam Project
The contractor has identified a bend in the main spillway of
this project and advises that the slip liner will not bend to go through the
pipe. Mr. Sharma negotiated costs with the contractor from $159,763 to $139,800
and requests Council authorize payment. Upon motion made by Mr. Taylor,
seconded by Mrs. Bartkovich and unanimously carried, Council approved the
request. Mr. Sharma advised that the road will be closed for an additional
fifteen days beyond the original 90 days contract. Mrs. Bartkovich questioned
how the realignment would alter the current stream flow at the discharge point,
to which Mr. Sharma responded that the water will be redirected and will not affect
property owners. On a motion by Mr.
Dodd, seconded by Mrs. Bartkovich and unanimously carried, Council appropriated
funds from the Capital Projects Reserve.
Methane Gas to Energy Plant
Mr. Sharma announced the proposed energy plant became a
reality in Wicomico
County with an official
groundbreaking, September 18th.
JACK LENOX, DIRECTOR, DEPARTMENT OF PLANNING,
ZONING AND COMMUNITY DEVELOPMENT
Frank
McKenzie, Chief, Divisions of Technical Services and
Environmental Planning – Rural Legacy Acquisition
Wicomico County has been awarded $400,000 in grant funds from
the Maryland Department of Natural Resources Rural Legacy Program to purchase
easements on lands that fall within the Quantico Creek Rural Legacy Area; this
is the second round of funding awarded to Wicomico County.
As of September 2006, $750,000 in Rural Legacy funds has been used to protect
750 acres of land in the Quantico Creek area by way of easement acquisition. By
placing easements on this land, 250 potential dwelling units in the
Agricultural Zoning district have been extinguished; an additional 177.912
acres of prime agricultural and forest lands in the Quantico Creek Rural Legacy
Area is proposed - approximately 30 dwelling units in the Agricultural Zoning
district will be extinguished. These easements would be placed on two parcels
of land on the north side of Royal
Oak Road currently owned by John and Jean Long,
located adjacent to a 208 acre forested land owned by the State of Maryland (formerly lands
Chesapeake Forest Products). The easement will create a 386 acre contiguous
block of protected lands in the Rural Legacy Area and have been designated by
the County Council as “Priority 1” for Easement Acquisition. The appraised
costs for these easements are $400,000. It is anticipated that an additional
12% ($47,735) of this amount will be needed for administrative costs, bringing
the total to $447,735. It is proposed to use a combination of Rural Legacy
funds and Wicomico County Forest Conservation funds to complete the
transaction. The use of $47,775 from the Forest Conservation account would place
50 acres of forest on these lands under additional forest protection measures. Upon motion made by Mr. Long, seconded by Mr.
Taylor and unanimously carried, Council granted approval.
Mr. McKenzie wished to announce that Wicomico
County will receive $750,000 for
fiscal year 2007; total appropriations to Wicomico County
are $2,650,000.
Municipality/Wicomico
County Council Meeting
Municipalities are
invited to meet with the County Council to continue discussions on growth and
planning at a work session on September 27th at Wicomico Youth and Civic Center.
Agendas will be forwarded in advance of the meeting, which will also include
discussion on a proposed adult entertainment club in Willards.
EDGAR A. BAKER, JR., COUNTY ATTORNEY
Resolution No. 615
A Bond Resolution of
the County Council of Wicomico County, Maryland providing for the issuance and
sale of General Obligation Bonds upon the faith and credit of Wicomico County,
Maryland in the amount of $11,225,000. Bonds
will be offered for public sale on October 3, 2006. Upon motion made by Mrs.
Bartkovich, seconded by Mr. Long and unanimously carried, Council approved the
Bond Resolution; Council and staff are scheduled to meet with rating agencies
next week.
Legislative
Session
Upon motion made by
Mr. Long, seconded by Mr. Dodd and unanimously carried, Council voted to enter
Legislative Session to introduce the following Legislative Bills: 2006-9,
“Development Impact Fees”, Section 130-6, entitled “Applicability of
Development Impact Fees” to provide an exemption for age restricted or senior
housing projects; Bill 2006-10, Development Impact Fees, Section 130-6,
entitled Applicability of Development Impact Fee to further define, amend and
clarify the exemption for affordable housing; and Bill 2006-11, An Act to amend
the various Chapters and Sections of the Wicomico County Code to assign the
duties delegated to the “Administrative Director” and the “County Council” as a result of the deletion of the position
of Administrative Director under the recent adoption of the reviewed Charter
for Wicomico County and the change to an Elected Executive form of government. Following the introduction of Bills, Council
adjourned the Legislative Session and continued in Executive Session.
DAVE RYAN,
DIRECTOR OF SALISBURY-WICOMICO ECONOMIC DEVELOPMENT
Mr. Ryan reported
Harvard Custom Manufacturing, located on Glen Avenue in Salisbury, employees about 400 people and is
looking to expand their operation to add 200 jobs and 60,000 square feet. The
expanded facility conflicts with setback requirements within the City limits;
however, the next adjacent parcel is County owned. The company has asked for help in mitigating
requirements. Council instructed Mr. Ryan to seek options to assist. He offers the following: Land Swap, Purchase
Agreement, License Agreement, Grant an Easement, License Agreements, Easement
Exchange/License Agreement or Lease
Land. He recommends the Easement Exchange/License
Agreement. Amend the existing license agreement and exchange an easement on the
side parcel for an easement on the back parcel.
Exchange an 8400 sq. ft. (approx.) easement to Harvard on the side
parcel for an 8400 sq. ft. easement from Harvard. Amend the license agreement
to exclude the proposed easement on the side parcel to Harvard. He suggests
this is relatively easy to accomplish however the County’s benefit will be
delayed until County pursues land utilization. Gary Mackes, Director of
Recreation, Parks, Civic Center and Tourism, added that the referenced land was
purchased with Program Open Space funding and has to be approved by the State Department
of Natural Resources. Mr. Ryan suggests
Harvard absorb attorney and other related costs. Upon motion made by Mr. Dodd,
seconded by Mr. Long and unanimously carried, Council authorized the County Attorney
to forward a letter of intent and to move forward, to include the Public
Hearing process.
PUBLIC HEARING
At eleven o’clock
a.m. a public hearing was held to hear comments on the County Council’s
proposal to grant an easement to the City of Salisbury, Maryland for no
consideration for the following described parcel of land: ALL that lot, tract
or parcel of land lying and being in the Nutters Election District, Wicomico
County, State of Maryland, located on the North side of South Schumaker Drive
to Schumaker Pond. The above described easement is being donated to the City of
Salisbury for
the purpose of constructing and maintaining a drainage system.
Mr. Pete Cooper
retired engineer and resident at Mallard Landing; Brock Parker, Vice President,
Parker and Associates and Gary Mackes, Director of Recreation, Parks, Tourism
and Civic Center came before Council. Mr. Parker
stated he hopes to obtain a 30’wide public utility easement for the
installation of a regional storm water management system, outfall pipes that
serve approximately 300 acres of land. The storm drain is a conveyance
facility; each property that drains into the system will have its own storm
water management system on site, the water will be treated before it enters the
system, pursuant to requirements of the State of Maryland (Department of Environment). For economical purposes the project
over-managed all of the upstream water to reduce the size of the pipe and the
amount of water going into the pond. The
engineering of the project is basically complete and can move forward with the
granting of this easement. Mrs. Bartkovich asked if there are mechanical means to
make certain the water flows appropriately. Mr. Parker responded that, when water
is released in the pipe the downhill grade of the bottom of the pipe will flow
the water to the outfall point; the entire system is a buried pipe. Mr. Mackes
told Council he recommends concurrence. The developers are willing to pay $4 per
sq. ft. for the easement and the land towards the easement. He reminded Council
that the City and County had never exchanged monetary costs for easements. Mr. Cooper agrees there should be no monetary
exchange. The request comes from the City of Salisbury, not the developers and costs will
be borne by the church and residential subdivision developers. Public Works Director P. Rai Sharma stated if the conveyance was between the
City and the County he would agree to no exchange of dollars however the 300
acres would not be developed if the easement was not accessible. Therefore, the
developer benefits not the City of Salisbury. Bill Warren, Pastor, Allen Memorial
Baptist Church
and manager of LLC, urged Council to waive costs for the easement; that the church
has already borne costs beyond what was planned and is nonprofit. Bob
Hutchinson, President, Mallard Landing Council of Unit Owners, opined that
dollars collected from City and County taxes should make costs insignificant and
that he favors no exchange of dollars. Alfred Lotz, Mallard Landing, expressed
concern that the work does not disturb Mallard Landing’s property. On question of existing drawings Mr. Parker displayed
the survey, explained drainage locations and property lines. Discussion ensued
with Council expressing concern over benefactors, the acceptance of, or not to
accept compensation. The Church is under
construction and is at a stand-still because they have to install their length
of the line all the way to the pond to get final approval. Mr. Taylor offered a
motion to grant the easement for the entire project without compensation. Mrs.
Bartkovich expressed concern that, if the easement is granted the City would
tie others into the system and incur expense for property owners and that the
City would recap costs from developers. Mr.
Parker stated the developers involved in these properties have formed an LLC
and worked out cost-sharing for the entire construction therefore property
owners pay their proportionate share. Mr. Lotz requested a copy of the survey
for the residents at Mallard Landing. Mr.
Glen Marvel, Vice President, Dykes Land Development Company, developers of
Johnson’s Retreat, provided background information on the City of Salisbury’s
request to put in a regional drainage system whereby they require the Church
and any other development to put together and pay for a regional system- that
benefited not just the lands that were being developed but also benefiting all within
the bounds of Johnson Road, Snow Hill Road and the bypass. (The regional area is being paid for by a
combination of a partnership of the Church and Dykes Land Development Company
and is under agreement with the City of Salisbury
to fulfill the obligation in order to put in the drainage.) Mrs. Hutchinson, Mallard Landing resident,
expressed concern over the impact of development to their community; that
developers would have to dig up existing landscaping, remove matured trees and
a temporary block of the cottage entrance. She, agrees there should not be a
financial exchange and wished to confirm that Schumaker Park
is dedicated park land. Mr. Lotz concluded the discussion by asking the
engineers to add the Mallard Landing signage on the survey. Following discussion the motion was
unanimously carried.
PUBLIC COMMENTS
Mrs. Dorothy Truitt,
resident, cautioned Council’s response to water usage and sewage capacity for
the project known as the Hearne Property.
COUNCIL COMMENTS
President Sarbanes
reiterated the September 27, 2006 work session between Council members and
municipalities.
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. Long and unanimously carried.
There
being no further business to come before the Council the meeting was adjourned
to an open work session.
_______________________________________
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
September 19, 2006