Wicomico County, MD
Council Minutes
November 21, 2006
The County Council of Wicomico County, Maryland met in
Executive Session on Tuesday, November 21, 2006 at 10:00 a.m. in Council
Chambers,
Charles R. Dashiell, Jr., Vice President, Edward T. Taylor, Stevie Prettyman,
Gail M. Bartkovich, and Larry W. Dodd. Councilman Marvin R. Long joined the meeting in progress.
President Sarbanes brought the meeting to order calling for the approval of the Minutes of November 7, 2006. Mrs. Prettyman abstained due to her absence and Mrs. Bartkovich reminded Council she attended half the meeting. On a unanimous confirmation for approval, the Minutes were adopted by those present.
President Sarbanes recognized the members of the 2006-2010 Wicomico County Council-elect: John Cannon, William McCain, Sheree Sample-Hughes; and Salisbury City Council member, Debbie Campbell. President Sarbanes also acknowledge the political involvement of Brenda Hughey-Jones and Michael Pretl.
Recognizing this as
the last meeting of the
ADMINISTRATIVE
DIRECTOR
Theodore E. Shea, II, submitted the following items for Council’s consideration:
Beverly Ward requests permission to receive funds (available December 1st) from the
U. S. Attorney’s Office in the amount of $45,800 for youth
art programs at four locations in Wicomico County; West Side Youth Club, East
Salisbury Elementary, Salisbury Urban Ministries and Wesley Temple United
Methodist Church. Upon motion made by Mr. Dodd, seconded by Mrs. Prettyman and
unanimously carried, Council granted permission. For information purposes, Ms. Ward announced
the Local Management Board was recently awarded a grant in the amount of
$200,000 from the Governor’s Office of Crime Control and Prevention, to develop
a Gang Reduction Plan for
Gary W. Mackes, Director, Wicomico Youth and Civic Center
Joined by Tourism Board Chair Michael Delano, Mr. Mackes
came before Council regarding the
At this point
Councilman Long joined the meeting.
Board of Education - Budget Transfers
Brian Foret, Director of Facilities and E. Bruce Ford, Comptroller, came before Council.
Mr. Shea reported a request to make budget transfers between the major categories of the Board’s approved Annual Budget in the amount of $21,888. Upon motion made by Mr. Taylor, seconded by Mrs. Prettyman and unanimously carried, Council approved the request. For information purposes, 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, in the amount of $18,000; transfers within major categories do not require Council approval. In accordance with a “gentlemen’s agreement” to make transfers under $1,000 between categories, the Board transferred $200.
Letter of Intent - Public School Construction FY 2008
Mr. Shea requested Council’s approval to forward a letter to
Dr. David Lever, State of
Wicomico
Board members H. Stewart Haemel, Chairman; Cecelia Dennis,
Vice Chairman and Ronald Alessi, Sr., Secretary, together with Victor H. Laws,
III, Attorney, and Justin Collins, Store Manager came before Council to propose
legislation that would increase the salaries of Board members for increased
responsibility and time to $6,000 for the Chair and $5,000 for members other
than the Chair. Mr. Laws explained the Liquor Control Board is an autonomous
State board and returns its net profits to
Wicomico
Upon motion made by Mrs. Prettyman, seconded by Mr. Dodd and unanimously carried, Rhonda Evans and Natalie Hopson were appointed to serve as members on the Commission on Aging.
Indigent Burial
Mr. C. Glenn Messick III, Messick Funeral Home, has submitted a request for assistance in the indigent burial of Shelton Rudolph Nutter. Accompanying the request is certification required by the County. Upon motion made by Mr. Taylor, seconded by Mr. Long and unanimously carried, Council authorized the transfer of $400 from its Contingency Fund. (Note: this request was approved on October 17, 2006. The check was not remitted)
DEPARTMENT OF FINANCE
Patricia B. Petersen, Director, presented the following items of business:
Statement of Latest Investment Rates/Balances for all
Total General Fund Balance: $ 3,542,941
Capital Projects Fund: $67,906,532
Total Major non-designated Funds: $96,813,220
Total Reserves: $16,619,715
Contingency Appropriation: $ 959,200
Impact Fee Report- Y-T-D $ 303,316 (total since inception $399,616)
FY 2006 State Fire Protection Grant
The State has advised that
Nuisance Code Enforcement: Mrs.
Petersen recalled that
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 October 31, 2006.
DEPARTMENT OF PUBLIC
WORKS, ROADS, SOLID WASTE
P.
Subdivision: Re-subdivision for Elliott
Location:
Applicant: John Plummer & Associates
Owner(s): Elliott Development Partnership
The applicant proposes to re-subdivide an existing lot into two
lots. One lot will be 5.0 acres and the other will be 3.6acres. Both lots will front and have access on
Subdivision: Subdivision for Hanna
Location:
Applicant: Parker & Associates
Owner(s): JD Hanna LLC & JD Twilley LLC
The applicant proposes to subdivide an existing parcel into sixteen
lots averaging 1.4 acres each, and a common area. All proposed lots will front and have access
on
EDGAR A. BAKER, JR.,
PUBLIC HEARING: Notice is hereby
given in compliance with the Wicomico County Code that the County Council of
Wicomico County, Maryland will hear public comment to the proposal to amend the
existing License Agreement dated June 5, 1997 with Harvard Custom
Manufacturing, Inc., restricting a portion thereof for open space to permit the
expansion of the existing building, located on the southerly side of Glen
Avenue and known as 600 Glen Avenue. As consideration for the amendment,
Harvard Custom Manufacturing, Inc. shall license an area substantially equal in
size to the
PUBLIC HEARING: 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 the
proposal to accept a deed for no consideration from Phillip L. Potts, Brian H.
Potts, individually and as Trustee of the Residuary Trust U/w Freda F. Potts
for the following described parcel of land: All those lots, tracts or parcels
of land lying and being in the Salisbury Election District as shown on a plat
entitled “Right Of Way” Survey for Westside Collector Road, Phase I, Salisbury
Election District, Wicomico County, Maryland dated November 9, 2005, prepared
by McCrone Land Planning and Surveying.
There were no public comments. Mr. Long asked where this acquisition moves
the goal to completion. Mr. Sharma
responded the road is divided into three phases; this is the first phase and
was acquired at no cost to the County.
President Sarbanes and Council members wished to publicly thank the
Potts family for this generous contribution. Mr. Dodd seconded the motion and
it was unanimously carried.
Official Intent Resolution
Upon motion made by Mr. Taylor seconded
by Mr. Long and unanimously carried, Council adopted a Resolution declaring the
official intent of Wicomico County, Maryland to reimburse capital expenditures
to be incurred with respect to a certain manufacturing facility to be owned and
operated by Harvard Custom Manufacturing, Inc. with the proceeds of bonds to be
issued by Wicomico County, Maryland.
Subdivision: Whaley’s Run
Location:
Applicant: Parker & Associates
Owner(s): Mt. Hermon Church LLC
The applicant proposes to subdivide an existing parcel into twenty-seven lots, averaging 1.2 acres each and a 45.6 acre common area and 2.6 acres of roads. All lots in this section will front and have access on proposed interior streets. A sketch plat was reviewed by the Planning Commission on August 22, 2006. At that time it was recommended that the final plat clearly note the potential for low-flying aircraft and its associated noise, and a significant wooded buffer around the development beyond the lots. However, a large portion of this buffer is shown as easements on the lots. Since transfer of development rights are not allowed to be transferred in the airport radius area, five lots shown on the sketch plat have been eliminated. Off-site road improvements may be required as part of the construction improvement plans. The three inherent lots are being reviewed administratively, should become part of the homeowners association and have limited access from both corner lots to the proposed interior street. 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 improvements plans shall be submitted for approval to the Public Works Department. Adequate drainage and maintenance easements must be provided 5) a Homeowners Association shall be created to maintain the stormwater management facility, drainage and maintenance easements and forest conversation easements. Inclusion of the inherent lots is strongly recommended 6) the corner lots shall have denied direct vehicular access to Mt. Hermon Church Road 7) the adjacent lots shall have denied direct vehicular access to the l5’ right-of-way located just west of this development. The Department of Public Works recommends approval of this subdivision by the Planning Commission subject to the proposed conditions being met. Council concurred with the recommendations, to include their agreement that the developer share costs associated with improving the road.
Subdivision: Villages at Nutters Crossing
Location:
Applicant: Parker & Associates
Owner(s): Thomas H. Ruark
The applicant proposes to develop five existing parcels into 749
dwelling units consisting of 287 single family units, 168 duplex units, 186
townhouse units and 108 condominium flats.
Approximately 30 acres of roads, 86 acres of open space, 3 acres of
community area, 90 acres of treatment area and two opportunity sites totaling 3
acres will also be created. Three
residential lots are proposed to front and have access on
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 improvements plans shall be submitted for approval to the Public
Works Department. Adequate drainage and maintenance easements must be provided.
Additional road right-of-way, acceleration/deceleration lane, closure of the
abandoned portion of Nutters Cross Road, easing of the sharp curve and a
traffic study will be required 5) a Homeowners
Association shall be created to maintain the stormwater management facility,
drainage and maintenance easements and forest conversation easements 6) a note
referring to the Right to Farm Chapter of the County Code shall be placed on
the final plat 7) direct vehicular access to the Salisbury bypass, Snow hill
Road, Johnson Road and Nutters Cross Road shall be denied 8) a special
exception will be required for the duplexes, townhouses and condominium flats
9) use of a private water and sewer system will require creation of an Urban Service
District, an amendment to the County’s Water & Sewer Plan and permits from
the Maryland Department of the Environment 10) the Elisha Parker family graveyard
and its access must be delineated on the final plat 11) the entire property is
located within the Airport Overlay District and is subject to the restrictions
of the Horizontal Surface 12) that portion of the property located within the
100 Year Floodplain must comply with state and local floodplain regulations.
The treatment facilities must be located outside of the floodplain 13) a dense
landscaped buffer shall be retained and/or planted along the
Continuation of the Public Hearing held on November 7, 2006 –
The Orchard
A public hearing was held on November 7, 2006 for an amendment to
the Wicomico County Water and Sewer Plan, allowing inclusion of a mixed use
development. The Orchard (Hearne Property), located near
Jerry Friedel, Consultant, Davis, Bowen-Friedel; John Jacobs,
Director of Public Works for the City of Salisbury and Steve Smethurst,
Attorney representing The Orchard, came before Council to entertain any
questions regarding the amendment and the City’s ability to provide water and
sewer to this project. Following an exchange of dialogue, Mr. Jacobs confirmed
that the City of
Dorothy Truitt, resident, expressed her concerns over increased development and water capacities.
Dr. Augustine DiGiovanna,
On a roll call vote, Mrs. Bartkovich, yes; Mr. Long, yes; Mr. Dodd, yes; Mr. Taylor, yes; Mr. Dashiell, yes; Mrs. Prettyman no, and President Sarbanes, yes, Council approved the amendment, to include an Agreement between the City of Salisbury and the developer.
Mrs. Prettyman expressed concern that the County is assuming eligible capacity to the developer, that during recent campaigns the most important issue was growth; that the sitting Council should conclude its business and see what direction the Council-elect takes. She is uncomfortable with the capacity issue and feels the matter should be discussed further.
Streets to be Taken into the County System
Mr. Sharma reported the developer of Steeple Chase Subdivision,
Section 6,
Miscellaneous Public Works Items
Dredging Project for
EDGAR A. BAKER, JR.,
Proposed Resolution - Extending Sunset Date for Tax
Increment Financing Act
A Resolution of the County of Wicomico County, Maryland,
extending the sunset date set forth in Section 9 of Bill No. 2005-3, adopted by
the County Council on March 15, 2005, from December 31, 2006 to December 31,
2009, as permitted by said Section 9 and amending Section 7 of the Resolution
adopted by the County Council on August 16, 2005 to extend the sunset date set
forth in such Section from December 31, 2006 to December 31, 2009, providing
that the provisions of this Resolution shall be liberally construed; and
providing for the continuation in full force an defect of Bill No. 2005-3 and
the Resolution, except as otherwise provided hereby. Mr. Baker recalled Bond Counsel for
Mrs. Prettyman was not
in the room for the next two agenda items.
At the request of Councilmember Bartkovich, Mr. Baker
reported that during the 2006 Session Prince George’s County proposed adding law
to Article 2B – Alcoholic Beverages, that prohibits certain persons who operate
a business establishment for profit in Prince George’s County from knowingly
allowing customers to bring alcoholic beverages for consumption into the
establishment; defining certain terms: establishing a certain penalty; and
generally relating to alcoholic
beverages in places of public entertainment and unlicensed
establishments in Prince George’s County.
Mr. Baker stated the State’s Attorney for
URBAN SERVICES COMMISSION
Upon motion made by Mr. Dashiell, seconded by Mr. Dodd and unanimously carried, Council voted to conduct an Urban Services Commission meeting.
Mr. Sharma presented the following business:
Requests for Sewer Bill Adjustment
Sean and Deborah Doolan reside at
Paul Morris,
Upon motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and duly carried, Council entered Executive Session.
JACK LENOX, DIRECTOR
OF PLANNING, ZONING AND COMMUNITY DEVELOPMENT
Rural Areas Planning Committee
At its meeting of November 7th, the Council endorsed the establishment of a Rural Areas Planning and Implementation Committee. The following individuals have agreed to serve and Mr. Lenox seeks Council appointment: Councilmember Stevie Prettyman, Corrine LesCallette, John Davis, Brent Kenney, Geno Lowe, Mary Jane Marine, Kim Marino, Kathleen McLain, Hugh McLaughlin, Judith Stribling and Sam Walker. Upon motion made by Mr. Dashiell, seconded by Mrs. Bartkovich and duly carried, Council appointed the recommended names to the Rural Areas Planning Committee.
At this point Mrs.
Prettyman returned to the meeting.
Public Comment
Dr. Augustine DiGiovanna read a statement to Council and staff in appreciation of their allowing his participation during County meetings and in the governmental processes.
Terry Cohen thanked Council for tabling the Tax Increment
Financing Agreement, express interest in growth issues, looks forward to the
incoming Council finding ways to bolster infrastructure and supporting what is
available and, a cooperativeness with the City of
Council Comments
President Sarbanes shared a preliminary schedule of events
for December 5, 2006 when
Mrs. Bartkovich thanked those who supported her during the election and wished all a Happy Thanksgiving.
Mr. Dashiell congratulated those who sought elected office but did not win, for their willingness to serve the County in an elected capacity.
Mr. Dodd congratulated winning candidates and thanked those
who participated in the meeting process.
He, too, wished all a Happy Thanksgiving and encouraged the citizens 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. Long motioned to close the meeting; it was
seconded by Mrs. Prettyman 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
November 21, 2006