The Wicomico County Council met in Legislative Session, November 20, 2007
at 10:00 a.m. in Council Chambers, Government
Office Building,
Salisbury,
Maryland. President Cannon called the meeting to
order. The Lord=s
Prayer and Pledge of Allegiance were recited.
Present: John T. Cannon, President; Stevie
Prettyman, Vice President; Sheree Sample-Hughes, Gail M.
Bartkovich, David A. MacLeod, and Joe Holloway. Mr. William R. McCain was absent.
In attendance: Matthew E. Creamer, Council Administrator;
Edgar A. Baker Jr., County Attorney; Richard M. Pollitt, Jr., County Executive
and Melissa Holland, Recording Secretary.
The adoption of the minutes of the November 6, 2007 meeting was
postponed by a motion from Mrs. Prettyman and second by Mrs. Bartkovich and
unanimously approved until the December 4, 2007 meeting to allow review of the
tape to be reviewed in order to clarify comments made during the Public
Comments and County Council Comments of the meeting.
Sheriff Mike Lewis announced to the Council that Mike Elliot
had been promoted to Captain and Mark “Babe” Wilson had been promoted to Lieutenant
effective immediately. President Cannon
congratulated Captain Mike Elliot and Lieutenant Mark “Babe” Wilson and
expressed his pleasure with the promotions.
Mrs. Bartkovich expressed her appreciation for a Sheriff Deputy that was
on Union Church Road
doing traffic stops and stated that she was impressed with how visible the cars
are with the new design. Mrs.
Sample-Hughes thanked the Sheriff=s
Office for their efforts and congratulated Captain Mike Elliot and Lieutenant Mark
“Babe” Wilson.
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Matthew E. Creamer, Council Administrator:
Resolution 149-2007-Resolution approving a zoning
classification of neighborhood business upon annexation by the City of Salisbury, of property
located on the southerly side of Naylor
Mill Road and on both sides of Jersey Road, adjoining the easterly the
Salisbury Corporate Limits along Naylor
Mill Road east of Jersey Road. Tax Map #29; Grid #8; Parcels #95, 97, 360,
and 521. Mr. Brock Parker, Parker and
Associates; Mike Hickson, Attorney; and Dwayne Lockman, Rajun
Cajun came before Council. President
Cannon called for a motion for discussion to which Mrs. Sample-Hughes made the
motion with a second by Mrs. Bartkovich and then President Cannon commented that
a traffic study would be needed and questioned whether the intersection and the
roads could handle the traffic flow. Mr.
Parker explained that they are now electing to propose a roundabout in that
intersection. The annexation agreement
not only mentions a roundabout but also mentions a traffic light. Mr. Parker explained that a traffic study is
Phase I. Once the traffic study is done
and it is realized there is too much traffic for a standard four way stop. Then Phase II is when an appropriate solution
is designed. Phase III is engineering
that solution to ensure that the solution will function in an overall
sense. Mr. Parker stated that to move
from now into Phase III would be very expensive and was hoping that through the
annexation agreement remedies would be either a traffic light or a traffic
circle allowing him to proceed to get through the process. Mr. Parker also explained that property is
owned southerly by Mr. Lockman and widening of the road could possibly be an
option. Mr. Creamer explained to Council
that there is a draft agreement between the City and Mr. Lockman and in the
agreement it requires the developer to address and to construct at his expense
such improvements to the Jersey
Road and Naylor
Mill Road intersection as will be satisfactory to
the Department of Public Works and the County Council. Mr. Creamer explained that the Council is
being requested to concur with the change in zoning from the present zoning in
the County to a neighborhood commercial zoning once in the City of Salisbury. Mrs. Sample-Hughes asked that in the
agreement there is a statement that Ashould
a roundabout be determined by the City@
she would also like to see the County stated in that sentence. Mr. Creamer explained that the responsibility
and the decision of the intersection will be the one of Department of Public
Works, County Executive and the County Council. Mr. Hickson explained that the parcel of the
Northeast quadrant of the intersection is already in the City of Salisbury and part of the
applicant=s
property is on the southeast of the property.
Mr. Jack Lenox, Department of
Planning and Zoning stated there is City property within the corporate limits
on the northeast corner and this annexation will cross Jersey Road to Mr. Lockman=s property and then crossing Naylor Mill Road to
the property which is currently in the City.
Mrs. Prettyman expressed her concern about the County owning Naylor Mill Road
and the City of Salisbury
owning a small portion which presents roads maintenance issue. Mr. Lenox stated that the County could put a
condition in the Planning and Zoning agreement for maintenance of the roads by
the City. Mrs. Bartkovich expressed her
concern that the City of Salisbury
does not have adequate water storage capacity to serve this annexation. Mr. Parker explained that this project will
be participating in a trunk main extension.
The trunk extension involves a 20 inch diameter trunk water main to be
brought in from the County soccer fields and recreation facility on Naylor Mill Road to
the western boundary line. Mrs.
Bartkovich stated the forest approval has to go through Chuck Ward, Planning
and Zoning, and forestation is not permitted on piece of lots by the Planning
Commission. Mr. Parker explained that
whether these would be allowed to be forest conversation easements or they
could be retained as woods lines. Mr.
Lenox explained that the developer will be required to go through the County
administered plan for forest conversation and will be required to meet the
County=s
standards. Mrs. Bartkovich explained
that this project is not included in the current water plan but only included
in the draft. Mr. Lenox stated that the
development will not proceed if the County does not approve the water and sewer
plan. The water and sewer plan would
have to go to the State of Maryland
for final approval. Mrs. Sample-Hughes
asked the developer to speak toward affordable housing and give the Council
information about the project. Mr.
Lockman explained there would be duplexes, single family homes and condos which
includes a variance of income stream and affordable housing. In the annexation agreement the developer is
contributing to affordable housing. To
meet the affordable housing level the final sale price would be $149,000. These lots have been designed to be a starter
home. The State of Maryland issues the LED certification. President Cannon called for a vote on the
motion to which there was one affirmative vote, being Mrs. Sample-Hughes with
no dissenting votes as no one else voted for this Resolution. President Cannon explained that Resolution
149-2007 had passed with one vote to which Mr. Creamer asked for a clarification
on the votes. Mr. Baker stated that he
believes that this does constitute a motion but he will have to research to see
if the abstentions qualify as a no vote or an abstentions
qualify as a non vote and inform the Council at a later date. President Cannon will consider this
Resolution as passed and Mr. Baker will inform the Council.
Resolution 150-2007-Certain subdivision streets as County road
for inclusion in the Wicomico County Road Inventory-Heartland Drive (Heartland
Estates, Section II) and Old Mill Branch Road (Extension). On motion of Mrs. Prettyman and second by Mr.
MacLeod Resolution 150-2007
was unanimously approved.
Resolution 151-2007-To Reclassify the position of Tourism, Sales
and Marketing representative position from the existing grade of 17 to a new
grade of 18. Gary
Mackes, Director of Recreation Parks and Tourism, Sandy Fulton, Tourism and Mike Delano, Chair of
Tourism Board came before Council and explain that they are requesting the
reclassification in order to hire a person who is qualified for the
position. This position will be funded
by Hotel Room Tax. On motion of Mrs.
Bartkovich and second by Mrs. Prettyman Resolution 151-2007 was unanimously approved.
Letter of Support to the Quentin Johnson Foundation
school- This is for the Rosenwald School
Preservation Project and allows this organization to obtain grant funds on
behalf of the facility. On motion of
Mrs. Bartkovich and second by Mrs. Sample-Hughes the letter of support was
unanimously approved.
Resolution 152-2007-Authorize the County to acquire
135.19 acres, more or less, within the Quantico Creek Rural Legacy Area from
Thomas and Julia Fisher. The property
being located on the northerly side of Royal Oak Road and designated as tax map
34 Parcels 14 and 21. Thomas and Julia
Fisher have agreed to sell the development rights on the above described
property for the sum of $303,600.00 and administrative costs in the amount of
$31,035.75 will be incurred. Funding for
the acquisition is available trough Rural Legacy Funds in the amount of
$321,599.75 and County Forest Conservation funds in the amount of
$13,036.00. Jack
Lenox, Director of Planning and Zoning and Tim Conley,
Consultant for the Rural Legacy Program and Frank
McKenzie, Planning and Zoning came before Council to explain
the basics of the proposal. The goal of
this program is to protect as much continuous blocks of land as possible to
help the reduce the traffic and protect the natural
heritage and culture and forest resources.
To date the County has received 2.65 million and will give the County
over 1062 acres of protected land around Quantico Creek. Even after this transaction there is still
$1.6 million available to acquire easements.
The rate is $2,500 per acre. The
County has been advised they will be receiving $500,000 for the Quantico Creek
Rural Legacy Area from the State for this year but have not received anything
in writing. Mr. MacLeod has concern with
the word “etc.” in the memorandum and would like to see what exactly that
entails in the future. Mrs. Prettyman
asked if this property could be developed to which Mr. Conley stated that this
land could be developed. President
Cannon asked how it is defined that these properties can be developed to which
Mr. McKenzie stated in 2000 a soil sample was done and determined that these
areas are able to be developed. Mr.
McKenzie explained that if it would now be determined that these areas are not
able to be developed then they would be taken out of the rural legacy
area. Mr. Holloway asked that the
appraisal be presented to the Council in the future. On motion of Mrs. Sample-Hughes and
second by Mrs. Bartkovich Resolution 152-2007 was unanimously approved.
Resolution 138-2007-Amended-Resolution to establish the
process by which Wicomico
County nominates an
individual for the position of health officer.
Mrs. Prettyman asked for clarification for number four of the
Resolution. Mrs. Prettyman asked if
Number four should include Abased
on the recommendations of the panel and shall recommend the applicant to the
County Council for confirmation.@ On motion of Mrs. Bartkovich and second by
Mr. MacLeod Resolution 138-2007
was unanimously approved.
Letter of Support-Public
School Construction-Dr. David
Lever-This letter stipulates that Wicomico
County is moving forward
with its Capital Budget Plan sufficient to be able to fund the projects which
the State is setting funds aside for. On
motion of Mrs. Prettyman and second by Mrs. Bartkovich the letter of support was
unanimously approved.
Resolution 153-2007-State=s
Attorney=s
office-Grant Position- Mrs. Wendy Riley,
Circuit Court; Sam Vincent, Deputy State=s
Attorney and Mr. Wayne Lowe, State=s Attorney Office, came before Council
regarding a grant position for Assistant State=s
Attorney I. This person would work with Circuit Court Drug Court
program as well as the District
Court Drug Court program which will begin in
January 2008. On motion of Mrs.
Sample-Hughes and second by Mr. MacLeod Resolution 153-2007 was unanimously
approved.
Mr. Creamer reminded Council that in Section 310 of the County Charter
it states that if a Council meeting day falls on a holiday then the meeting
will be held on the following business day.
The first meeting in January will be held on January 2, 2008 which is a
Wednesday.
Mrs. Bartkovich asked if the Holidays for 2008 would be
presented to the Council in the near future to which Mr. Pollitt, County Executive
stated that it would be.
Edgar A. Baker, Jr., County Attorney:
Legislative Bill 2007-3-Collective Bargaining-Labor Code-The
original Adrop dead@ date was October 20, 2007 and was
extended to November
22, 2007 and since the Council has not had the opportunity to
discuss the information that was provided Mr. Baker explained that Council
could change the Adrop dead@ date to December 18, 2007. Mr. Creamer recommended changing the date to
December 21,
2007. Mr. Creamer also
pointed out that in the attachments in their brief book the changes that were
discussed are highlighted. On motion of
Mrs. Bartkovich and second by Mrs. Prettyman the Adrop
dead@ date was
changed to December
21, 2007. Mrs. Bartkovich
asked that a work session be held on December 4, 2007 in case of any changes that
Mr. Baker would have to prepare by December 21, 2007. An open work session will be held on December 4, 2007
to discuss collective bargaining.
Public Comments:
Mr. Kevin Byrd came before Council as a citizen with a
complaint against the Health Department, Environmental Services Division. Mr. Byrd asked that Council look into the
process and the individuals governing the process to understand the problems
that are occurring. He is currently
trying to get his business approved. Mr.
Pollitt stated that this had just been brought to his attention and Mrs. Sharon
Morris, Assistant Director of Administration is looking into this issue. Mrs. Sample-Hughes stated that the County
will be looking into this issue.
Mr. Jeff Johnson asked if the Council could answer some
questions that he would like to ask the Council regarding Comcast
franchise. President Cannon asked that
Mr. Johnson please submit the questions to Mr. Creamer and the County would
respond. Mr. Johnson then expressed that
he lives in an area that can not receive cable and he understands that Wicomico County receives franchise fees and that
he does not benefit from these fees. Mr.
Johnson would like to know when another performance review would be done.
Council Comments:
Mr. Holloway thanked everyone who offered support and
kindness after the death of his father. Mr.
Holloway also stated that he lives near the Comcast office and he can not
receive cable as well.
Mrs. Bartkovich would like to know where the County stands
on the adult entertainment laws to which Mr. Baker responded that an attorney
in his office is working with Clark Meadows and this will be presented to the
Planning Commission in the future. Mrs.
Bartkovich also requested that the Council receive the information about the
bond review as soon as it is available to which Mr. Pollitt stated they would.
Mr. MacLeod expressed his pleasure with the Holiday Tree
Lighting that was held outside of the Government Office
Building and encouraged
people to stop by and look at the tree.
He also encouraged people to donate to the local food pantries.
Mrs. Sample-Hughes asked Mr. Baker when he would have the
statement as to whether Resolution 149-2007 passed and he stated that
he would email it to Council. She also
thanked the County for allowing her to attend the bond review to show the bond
agencies that the County is working together.
Mrs. Sample-Hughes informed the citizens that Ms. Ashley Purnell is
orchestrating a coat drive through Wicomico
High School and St. Paul
AME Zion and anyone interested in donating a coat to please do so as these
coats will be donated to local shelters.
President Comments:
President Cannon wished everyone a safe and Happy
Thanksgiving.
On motion of Mrs. Prettyman and second by Mrs. Bartkovich
and unanimously approved the meeting was adjourned.
Legislative Session
November
20, 2007
_____________________________
John T. Cannon, President
_____________________________
Stevie
Prettyman, Vice President
____________________________
Sheree Sample-Hughes, District 1
_____________________________
Gail M. Bartkovich, District 3
______________________________
David A. MacLeod, District 4
______________________________
Joe
Holloway, District 5
_________________________
Matthew E. Creamer
Council Administrator