 |
|
| Wicomico County Council Minutes of Meeting |
July 16, 2002
The County Council
of Wicomico County, Maryland met in Executive Session on Tuesday, July 16, 2002 at 10:00
a.m., in Council Chambers, Government Office Building, Salisbury, Maryland. Those in attendance were L. Russell Molnar,
President, Rebecca Taylor-White, Vice President, Philip L. Tilghman, Edward T. Taylor,
Stevie Prettyman, Marvin R. Long and A. David Ennis.
Before the conduct of the meeting Councilman Taylor wished to
announce the passing of Reverend Dr. Charles H. Mack, the Pastor of St. James A. M. E.
Zion Church, who led his congregation for more than fifty-two years and served the people
of Wicomico County in many capacities. Following his remarks a moment of silence was
offered.
President Molnar called for
additions or corrections to the Minutes of July 2, 2002, there being none the Minutes were
adopted as written.
Mr. Theodore
E. Shea, Administrative Director, solicited Council’s support for the return of the
football program to the campus of the University of Maryland Eastern Shore. Support is solicited without a financial
commitment. Upon motion made by Mr. Tilghman,
seconded by Mrs. Prettyman, and unanimously carried, Council voted to endorse by
Resolution, the return of the football program. Said Resolution will be forwarded to the
University.
Upon motion made
by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council adopted the
following resolutions:
RESOLUTION
OF THE COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND
WHEREAS, the First Baptist
Church, that 128-year-young force for positive change in this West Side neighborhood, has
truly been a miracle on Booth Street, an outreach ministry that assures stability for
today and security for tomorrow; and
WHEREAS, through the high and mighty stormy gale of
changing fortunes, on Christ the Solid Rock it stands, and has now reached a new milestone
in its ministry; and
WHEREAS, it was brought to this new milestone by the strength
of its faithful and its committed—its many members who have made great sacrifices to
make real the vision given their pastor, the Rev. Lewis Nathaniel Watson, and their First
Lady, Talana; and
WHEREAS, the many ministries they have
implemented—feeding the hungry, clothing the needy, uplifting the unfortunate, and
nurturing the young—needs new quarters to meet the growing needs of its congregants
and its community at large; and
WHEREAS, those faithful and those committed, once numbering a
humble 50 when they courageously shouldered the burden of completing this sanctuary, grew
their numbers until they became legion, and have wrought yet another miracle to take place
here today;
NOW, THEREFORE, be it resolved by the County Council of Wicomico
County, Maryland, that FIRST BAPTIST CHURCH, with its Pastor and its First Lady and its
Congregation, on the occasion of the burning of a 20-year mortgage in only its eighth year
so that First Baptist’s resources might be further devoted to the salvation of its
community, the continuance of its mission, and the expansion of its ministry, be and
hereby is recognized for its boundless desire to give back to the community which First
Baptist’s people feel has so freely given to them, and call upon all citizens of
Wicomico County to heed the Holy Words of Psalm 127:1: “Except the Lord build a
house, they labor in vain that built it.”
RESOLUTION
OF THE COUNTY COUNCIL OF WICOMICO COUNTY, MARYLAND
WHEREAS, the
community of Allen, Maryland, developed in the 18th century at the headwaters
of Wicomico Creek around a grist mill established circa 1702, and later took its name from
a postmaster of the time, has existed as a quiet village for 300 years; and
WHEREAS, Allen
has provided many persons of leadership to this county, including the founders of a
business, an ice company and a nursery farm; a County Commissioner, a Major League
Baseball player; a three-term Sheriff of Wicomico County; a Clerk of the Circuit Court;
the current City Manager of Fruitland, Maryland; and others that have contributed to the
growth of the County; and
WHEREAS,
the residents of Allen have shown pride in their quiet
community by undertaking a year-long effort to commemorate its existence;
NOW, THEREFORE, be it resolved by the
County Council of Wicomico County, Maryland, that Allen, Maryland be, and is hereby
recognized for having reached its landmark 300th year of existence, and for the
exemplary efforts of its loyal residents in observing a special period of celebration; and
further, that all citizens of Wicomico County join with us in helping Allen celebrate this
milestone.
At this point
Mr. Taylor left the room and is not recorded in the next discussion.
For information purposes Mr. Shea announced the
Board of Public Works has approved Program Open Space funds for the Northeast Collector
Road Bike Path in the amount of $20,000 to develop a half-mile hiker/biker trail and,
Parks Division Annex Renovation in the amount of $31,500 to construct an addition to the
existing maintenance division building.
The
Department of Housing and Community Development (DHCD) extends an invitation to
participate in the On-Behalf-Of Local Governments Housing Program. Under the program the Department utilizes local
government housing bond allocations to issue bonds to fund housing programs. The housing
bond allocation for Wicomico County is $2,257,553 and participation would require the
County to return the allocation on or before September 13th . Upon motion made
by Mrs. Prettyman, seconded by Ms. Taylor-White, and duly carried, Council voted to
participate to further promote home ownership in Wicomico County.
Mr.
Shea asked if Council wished to make an appointment to the Health Planning Board replacing
the vacancy created by Jacqueline Lanza Jennings. He
noted that the Board has not returned its recommendation.
Council deferred action to accommodate the Board.
At this
point Mr. Taylor returned to the meeting.
Council
received final copies of Election District/ Precinct maps.
The maps are available for public perusal in the Administrative Offices of
the County and are on sale in the Planning Office. Mrs. Prettyman called attention to the
34th precinct, referring to it as ghost precinct, without population. She asked what action would be required by Council
to adjust the boundary line to its former precinct or, move the line to include it in
another precinct, thereby eliminating it. Mr. Baker advised, in accordance with Charter
provisions, on adoption of a Plan a limited time period is granted for adjustment. Once
the time has passed the Plan becomes law and the Charter makes no provision for change
thereafter. He offered to look into the
matter to determine if the line could be adjusted through the legislative process. Mrs.
Prettyman reminded Council the map would be in effect for the next ten years and that it
would be less confusing to future populations to make this minor adjustment. Council concurred to have the County Attorney
investigate. Mrs. Prettyman then suggested
that map sales be withheld until the information is obtained however President Molnar,
reminding Council the maps have been approved, suggested allowing the maps for sale with a
caveat. Council concurred.
Mr.
Shea submitted a request from the Humane Society to purchase equipment in the amount of
$2980, necessary to the process of the crematory of animals. Upon motion made by Ms.
Taylor-White, seconded by Mr. Tilghman, and unanimously carried, Council approved the
request.
Patricia
B. Petersen, Finance Director, submitted the Statement of Latest Investment Rates/Balances
for All County Funds as of July 16, 2002, which reflects a total General Fund balance of
$391,022; Capital Project Fund balance of $25,222,218. Total Major Non-Designated County
Funds $38,881,997, Total Designated Reserves and “Rainy Day” Reserve Fund,
$4,787,072. She also shared a report of significant year-to-date transactions for the
General Fund, with supporting graphs.
Mrs.
Petersen reported that four bids were received for DRILL Academy bonds and that she,
together with the County’s Financial Advisor, A. Samuel Ketterman, recommend the
acceptance of SunTrust, the second lowest bidder. They
agree the lowest bid contained conditions that were not in the County’s favor. Upon
motion by Mr. Tilghman, seconded by Mrs. Prettyman, and unanimously carried, Council
accepted the recommendation to Sun Trust at 3.54%. A
roll call vote to adopt a Resolution to accomplish same is recorded, Mr. Tilghman, yes;
Mrs. Prettyman, yes; Mr. Taylor, yes; Ms. Taylor-White, yes; Mr. Long, yes; Mr. Ennis,
yes; and the Chair, yes.
Public
Works Director, P. Rai Sharma submitted a requested from Robert Messick, contractor, to
post a bond in the amount of $19,667 for Pointers Run Subdivision, to enable the
contractor to record the plat, obtain building permits, and sell lots. Upon motion made by Ms. Taylor-White, seconded by
Mr. Long, and unanimously carried, Council approved the request.
Mr.
Sharma submitted the Ditching and Litter Control Reports for the month of June and
remarked that Mrs. Prettyman had been instrumental in the cleanup of Cobbs Creek Road in
Sharptown, where nearly seven tons of trash was removed. The area now has appropriate
signage. Mr. Sharma also reported complete
construction on Jersey Road, Upper Ferry Road and Long Ridge Road, and that work continues
on roads leading to the DRILL Academy.
In
other Roads Division accomplishments, Ms. Taylor-White referred to a letter from Ms.
Beverly Williams complimenting the work ethic of Ernie Carbaugh and Walter Collins.
The
County Attorney Edgar A. Baker, Jr., reported an appeal in the case involving J. Roland
Dashiell Realty, Inc., the North West Road Rubblefill project, and requests permission to
proceed with representing the County. Upon
motion made by Mr. Long, seconded by Ms. Taylor-White, and unanimously carried, Council
authorized Mr. Baker to maintain the
County’s position.
In
response to a request by President Molnar, Mr. Baker reported that the City of Salisbury
has adopted a moratorium on the conversion of residential dwellings to rental housing and
more specifically, its impact on infrastructure and water and sewer.
During a previous meeting, Mr. Long
stated that while the City has initiated the moratorium and plans to establish a study
committee, County residents within the targeted neighborhoods would be equally impacted by
any decisions made and should have representation.
Mr. Long then stated that he would like to see the County
initiate emergency legislation to enact a moratorium, also.
President Molnar questioned whether such action would place a moratorium on
the entire County, rather than a specific area. Mr.
Baker replied that if a specific area or district could be clearly defined, the County
could possibly enact such legislation. Mr.
Tilghman stated he would oppose moratoriums enacted using the Executive rather than
legislative process. Discussion continued with Council concurring they are aware of the
problem, would like to have Planning and Zoning examine the issue thoroughly in terms of
where the problems or potential problems exist and, come back with recommendation
realizing there may be a need for legislation.
Sheriff R.
Hunter Nelms recalled his request to Council to fund
the position of Assistant Quartermaster and to reclassify a Grade 8 position, Crime Data
Specialist to a sworn Sheriff’s police officer, Deputy First Class Grade A.
Council’s initial inclination was to approve however they wished the review and
recommendation of the Human Resources Director. Sheriff
Nelms reported this action has been accomplished and returned with a favorable
recommendation. Upon motion made by Mrs.
Prettyman, seconded by Ms. Taylor-White, and unanimously carried, Council approved the
requests.
For information
purposes, Sheriff Nelms reminded Council of financial support given his Office by the
federal government, which includes a State Highway Grant Fund managed by the
Sheriff’s Department for all local law enforcement agencies in the County. Lt. Todd Richardson added that the grant is
distributed on a performance basis and that Wicomico County’s appropriation has
continually increased over the years. Further adding that the focus of this year’s
grant application is to increase DWI enforcement, alcohol related crashes and fatalities,
seatbelt usage, and speed awareness and enforcement.
The request will be submitted at the same level as last year, $55,700.
Responding to
Ms. Taylor-White’s inquiry of whether the question of an Elected Executive form of
government recommended by the 2000 Charter Review Committee would appear on the ballot in
November 2001, Mr. Baker advised that while Council took formal action in the form of a
motion he recommends adoption of the language by Resolution. Ms. Taylor-White continued
that Council has been asked whether the question of an elected school board would be
offered as an option on the ballot. Mr. Baker responded that if Council felt this was an
issue for the ballot, it would require approaching the State Legislature and, since the
Legislature is not in session, would not be applicable to this year’s ballot.
Mr. William
Gordy, Chair, Local Emergency Planning Committee, presented the amended Wicomico County
HAZMAT (Hazardous Material) Response Plan. The Committee, comprised of those interested in
the mitigation of hazardous material within the County, worked with several industry
groups to chart actions involving the transportation of petroleum products, egress from
industrial parks, storage of materials, and enforcement issues. To address standardization
for collecting and storing data, the County’s Information Management Department and
the City of Salisbury Hazardous Materials Unit were part of the process. Mr. Gordy further
reported the Committee has applied for and received a training grant, which will be
utilized to host the Annual County-wide Hazardous Materials Mitigation Drill. Concluding that only minor changes, clerical or
updated information based on the census, were made to the County’s Plan, Mr. Gordy
submitted the Plan for adoption. Upon motion
made by Mr. Tilghman, seconded by Mr. Taylor, and unanimously carried, Council approved
the amended Plan. President Molnar thanked the Committee for time spent in research and
completion of this very important issue.
Mr. Tilghman,
Acting Chair for the Board Directors of Access 26, reiterated the immediate need for this
group to meet. Mrs. Prettyman and Mr. Shea serve the Board as well.
President Molnar announced Council would reconvene in open session at 1:00 p.m. to
discuss the Zoning Ordinance and Rules and Procedures.
The County
Council reconvened in Executive Session at 1:00 p.m. Edgar
A. Baker, Jr., County Attorney called Council’s attention to the most recent draft of
the Zoning Code Policy highlighting portions of the draft identified as problem areas. He continued that there are countless
inconsistencies in the document, that it continues to be reviewed in conjunction with
Planning and Public Works Departments and, in consideration of its detail does not
anticipate finalization before October. He thought it noteworthy to suggest that portions
of the draft may constitute Public Hearings. Ms.
Loris Carter, Planning Deputy Director, concurred with Mr. Baker’s analogy and
encouraged granting sufficient time to complete the draft. With regard to Council’s
inquiry of the contract for services with Pete Johnston, Consultant, Redman and Johnston,
Mr. Baker reported his review of the contract indicates the contract is in tact however,
the scope of work should be re-evaluated. While there were no motions made, by decision,
Council reviewed what is deemed major issues and recorded their direction as follows:
l. Guest Rooms/Family Definition
Council agreed to allow staff to review and
recommend.
2. Noncontiguous
Transfers
Staff
instructed to review and report and look at this issue linked with the TDR.
3. Paleochannel
Continue
to discuss.
4. Farmland Density
(a) 10-Lot Penalty – Forward to Legislation in October with
the understanding technical aspects will probably not be addressed at that time. Council agreed to eliminate this penalty.
(b) Minor Lot –3rd
Lot – Two lots.
Straw
vote: Mr. Ennis 2 lots, Mr. Taylor 2 lots,
Mrs. Prettyman 3 lots, Mr. Tilghman 2 lots, Mr. Long 2 lots, Ms. Taylor-White 3 lots, Mr.
Molnar 3 lots.
5. Manufactured Homes
Council
agreed to allow staff to review and recommend.
6. Telecommunication Tower
President
Molnar recused himself from discussion.
Council agreed to allow staff to review and recommend.
7. Environmental Standards
Continue to review as part of the Zoning Code
8. Landscaping
Continue to review as part of the Zoning Code.
9. Committees
(a)
Buffer Committee – Retain.
(b) Design Committee – Eliminate.
10. R-20EC District – Forward to Legislation
in October with the understanding technical aspects will probably not be addressed at that
time.
Council agreed to move forward with legislation concerning these
issues.
With regard to Council’s direction to obtain copies of Robert’s Rules of
Order, Mr. Baker reported he could only find abbreviated or revised versions. For review
purposes, Mr. Tilghman offered a copy of Simplified Parliamentary Procedure based on
Robert’s Rules of Order, to be tailored as applicable to Wicomico County. Ms. Taylor-White stated that Mr. Baker had already
presented material that could be used as a model, that by majority Council had agreed to
adopt a version of Roberts’ Rules of Order and, toward that end motioned to adopt the
Revised Robert’s Rules of Order, as the majority had decided in a previous meeting. Mrs. Prettyman seconded the motion. Discussion ensued. Mrs. Prettyman stated she was
not in favor of adopting any version of Robert’s Rules of Order; they seem too
complex. Messrs. Tilghman, Taylor, Ennis,
Long and Molnar opposed the motion. On call
for the question, the motion failed.
PUBLIC COMMENT
Mr. Russell Cooper questioned why Council would elect to have a two-lot
minimum. Mr. Tilghman stated its sets a standard rather than being designed to take away
rights from property owners, Mr. Ennis stated consideration is given to the Quarter
Century and Advisory Committees’ time spent in conducting this evaluation and that it
brings continuity to the process, Mr. Taylor stated he was influenced by the fact that
many rural areas are taking on the appearance of city streets, Mrs. Prettyman expressed
her disappointment to the decision stating she advocates three lots and desires to bring
relief to the agricultural community and Ms. Taylor-White remarked, that the 3 lot minimum
would have minimal impact to the County, that regardless of use she hopes not to see
further development of farmland.
There being no further business to come before Council the meeting was adjourned.
Back to Wicomico County Homepage
Back to Wicomico County Council