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| Wicomico County Council Minutes of Meeting |
September 3, 2002
The Wicomico County Council met in Executive Session on Tuesday,
Sept. 3, 2002, at 10:00 a.m., Council Chamber, Government Office Building, Salisbury,
Maryland. Those in attendance included L.
Russell Molnar, Rebecca Taylor-White, Philip L. Tilghman, Edward T. Taylor, Stevie
Prettyman, Marvin R. Long and A. David Ennis.
President Molnar announced the presentation of a Certificate of
Appreciation to Sgt. Benjamin Matthew Jones, Army National Guard, for service as part of
the 200th Military Police, stationed at the Pentagon.
Council adopted a Resolution proclaiming September 11 as
Patriot Day, in honor of those individuals who lost their lives in terrorist attacks, on
motion of Vice President Taylor-White and unanimously carried.
President Molnar called the meeting to order and following the
Lord’s Prayer and Pledge of Allegiance, asked for any additions or corrections to the
Minutes. The Minutes were accepted as
submitted.
Appointments: Council
member Ennis nominated Dick Brumley, Richard Thurston and Tony Gilkerson for consideration
of appointment to the Local Advisory Council, Wor-Wic Community College. The motion was
unanimously carried. Mr. Tilghman
offered the name of Charles Smith, III, Mr. Taylor offered the name of Harry Church and
Ms. Taylor-White offered the name of Diane Shaff as future nominees.
Mr. Ennis then offered the names of Barry W. Rayne and Darley
Travers to be submitted to the Governor as nominees to the Property Tax Assessment Appeals
Board. The motion was unanimously carried.
ADMINISTRATIVE DIRECTOR
Theodore E. Shea, II, submitted the following items of
business:
Tax Exemption Requests:
Manufacturing Support Industries, Inc. is requesting an exemption on
machinery and equipment used in the conduct of business in Wicomico County. The company has requested an exemption certificate
from the State of Maryland. On motion of
Mr. Tilghman, the exemption was granted with the contingency that State eligibility
must first be obtained before the County tax exemption for the current year is in effect. The motion was unanimously approved.
VPI Mirrex, LLC has requested a manufacturer’s tax
exemption on machinery and equipment used in the conduct of its business in Wicomico
County. Mr. Tilghman motioned to approve the
exemption for the current year, subject to certification by the State of Maryland of the
company’s eligibility. The motion was
unanimously carried.
Silverton Marine Corporation is requesting a manufacturer’s
tax exemption on its machinery and equipment used in the conduct of its business to be
located in Wicomico County. The company
anticipates the business to be established at the end of the calendar year. Vice President Taylor-White motioned to approve
the request for the current year, with the contingency of receiving certification of
eligibility from the State of Maryland.
Request for Auction Proceeds:
Recreation, Parks and Tourism is requesting proceeds generated from its
portion of the recent County auction. The
funds would be used to make mechanical/structural repairs within the County park system. On motion of Mr. Tilghman, Council
unanimously approved $2,403.74 to be returned to the Department, as requested.
Health Care Consortium – Fees: Mr. Shea explained that the firm of Bolton,
Offutt and Donovan, Inc., provides consulting services to the Board of Education, Wor-Wic
Community College and County government. The
fee of $8,000 has been budgeted within the current
fiscal year and would renew the contract for years 2003 and 2004. On motion of Mr. Long,
Council unanimously approved the renewal of the contract as presented.
Surplus County Property: The
Airport Commission is advising Council of two properties in the Fooks Road area that are
now considered surplus and will be sold. Mr.
Molnar asked if either property might be used onsite of the Drill Academy, however, it has
been determined that either building would be too expensive to move and renovate. It should be noted that any proceeds from the
sales would be returned to the Airport General Fund, since the properties were originally
purchased for an Airport project funded by either the Federal or Maryland Aviation
Administrations (this is a requirement).
Memorandum of Understanding:
Nancy Whitlock, Audrey Pennington and Amanda Fisher, representing the Lower
Shore Land Trust, came before Council to accept the conditions of the Memorandum of
Understanding for assistance in the implementation of the Wicomico County Agricultural
Land Preservation Program. Both parties then
executed the MOU.
FINANCIAL REPORT
Patricia B. Petersen, Director of Finance, reviewed the
Statement of Latest Investment Rates and Balances: total
general fund balance of $2,967,812; Capital Project Fund,
$30,690,610; total major non-designated fund balances, $47,847,830;
total reserve funds of $4,788,859 or 4.95% of operating budget.
As in prior years, the County is requested to decrease county
taxes assessed to Pine Bluff Associates, in the amount of $46,305.31, as per its agreement
with the State of Maryland whereby the facilities would be used to provide senior housing. Based on a 40% assessment, Pine Bluff Associates
would pay $15,289.55. On motion of Mr.
Tilghman, Council unanimously approved the reduction of County taxes.
Mrs. Petersen then addressed a typographical error discovered
in the current fiscal year operating budget. The
appropriation to Emergency Services totals $266,442; however, it is reflected as $226,442
in the operating budget. Consequently, a
transfer of appropriations is required. On
motion of Mrs. Prettyman, Council unanimously approved a transfer of $40,000 from
Contingency to the Emergency Services Capital Outlay account.
Ms. Taylor-White asked Mrs. Petersen to remark on August Income
Tax Distributions, as issued by the State. Mrs.
Petersen stated that the County’s distribution this year is an increase over last
August’s distribution. This will help
our operating results for this year.
Fund balance should be positive, notwithstanding the results of
operations for the fiscal year.
Appointment of Committee:
Council member Marvin Long requested the opportunity to submit a motion to
present nominations for a newly formed citizens’ committee to address rental housing
issues for unrelated persons, as it affects County residents. The following nominees are: Liz Bellavance, Mary Ashante, Betty Humphreys,
Richard Insley, Jim Dragos, John Hall, Debbie Campbell, Bill Martin, Dick Bearman, William
J. Nagel, George Burnett, Lorraine Redifer, David MacLeod and John Cannon. The motion was unanimously carried.
DEPARTMENT OF PUBLIC WORKS
The Director, P. Rai Sharma, submitted the following items for
Council’s consideration:
Subdivision:
Adventure
Farms
DPW:
15-02
Location;
Ocean
Gateway
Applicant:
Phil
Parker and Assoc.
Owner:
Frank &
Joanne Inscoe
Applicant proposes to create five additional lots in Adventure Farms
and re-subdivide an adjacent parcel. Section
One was granted final approval in October 1999, shown in three separate areas. In order to modify the established set-aside, a
public hearing is necessary with a two-thirds majority approval by the Council and all
associated cost incurred by the Developer. No
development is permitted within the set-aside, including driveways; therefore, access to
Lot 1 must be either relocated or removed from the set-aside. Other concerns include a pipestem lot and its
effect on the adjacent lot line. Cadillac Way
shall be extended to serve any additional lots, including a turnaround. Also the Church must be made aware of the
easements imposed on the property they plan to acquire.
The stormwater management easement and set-aside/open space easement would
prohibit development by the Church. Public
Works recommends approve of the Planning Commission, subject to the following conditions
being met: 1) the final plat shall comply
with subdivision regulations and Forest Conservation regulations; 2) Health Department
approval is required; 3) Construction
improvements plans shall be submitted for approval by the county Public Works Department;
4) modification of the set-aside will require a public hearing and 2/3 majority approval
by the Council. All associated costs shall
be borne by the developer. 5) Homeowners
Association documents shall be amended, as necessary, to include this section of Adventure
Farms; 6) approval from State Highway Administration is required for access to Lot 1 onto
Ocean Gateway and the driveway must be shown in the developable portion of the lot. Council reviewed the plat and concurred with
the Department’s recommendation.
Drought Restrictions: To
inform the Council and as a public service, John Redden, Deputy Director and currently
serving as drought coordinator, gave a brief summary of the drought restrictions imposed
by the State. Mr. Redden reported that this
is considered a Phase 2 drought situation and that all local law enforcement agencies have
been notified. Sheriff Nelms remarked that
all officers have been provided the phone number of the State Dept. of the Environment,
which can be shared with parties regarding violations.
Roads: Mr. Sharma
is recommending that Cooper Landing Drive and Evesboro Lane be taken into the County Roads
system. Both streets have been constructed to
meet all Public Works criteria. Vice
President Taylor-White motioned to accept the recommendation and the motion was
unanimously carried.
Bid Award: Proper
procedures to obtain bids for multiple bridge repairs have been completed by the County. Based on the results of the Bid Tabulation, Mr.
Sharma recommended award to Somerset Paving. Mr.
Long motioned to award the bid to Somerset Paving, in the amount of $244,858, which was unanimously approved.
Mr. Taylor asked for the status of the Wetipquin Bridge, to which Mr.
Sharma replied that while the bridge is in good condition, the department plans to raise
the level of the roadbed to ease the problem of flooding.
There was also general discussion regarding the feasibility of
a bridge constructed over the Wicomico River. Mr.
Sharma explained that the State Highway Administration, for various reasons, would be very
reluctant to fund such a project. There was
the suggestion that the City of Salisbury and the County join in a feasibility study. Mrs. Prettyman inquired as to whether there
are Federal funds available for such a project; Mr. Sharma stated that no large dollar
Federal funds would be available. Other topics such as the necessity to relocate certain
businesses, closing of the existing bridges in Salisbury, etc. were also discussed.
Upon an inquiry by Ms. Taylor-White regarding the number of accidents
occurring at Norris Twilley Road and the question of the road being paved, Mr. Sharma
stated that Roads Division has performed a traffic count and the analysis does not justify
repaving when ranked with other county roads that also need repair. Mr. Sharma will bring the analysis before Council
during the next meeting.
SHERIFF’S OFFICE
Capt. Robert VanMeter advised that the County has once again,
received a Local Law Enforcement Block Grant totaling $49,533. The proceeds will be used as follows:
$4,000 to enhance the magnetometer housed in Circuit Court as part of
the security system; upgrade computer components linking the State’s Attorney’s
Office and the Sheriff’s Office; $10,000 to purchase replacements for the K-9 unit;
$4,000 for computer and printer equipment and $5,000 to set up these units within the
department; $11,550 for five replacement hand-held radios; $6,000 as start up costs for
technology to be housed at the Drill Academy; and $5,000 for Z-Box surveillance equipment.
In conjunction with this grant award, the Sheriff’s Office
is required to provide a match of $5,504 and is requesting a transfer from its capital
account to the proper grant account.
Mrs. Prettyman motioned to approve the transfer as requested. Capt. VanMeter then clarified the fact that the
prior discussion regarding the grant award was properly advertised and should be
considered a public hearing. Mr. Molnar then
called for any public comments, however, there were none.
Calling for Council comments, Mrs. Prettyman remarked that receiving almost
$50,000 in grant funds based on a $5500 local match should be considered a good
investment. Ms. Taylor-White remarked that the designated use of funds was particularly
good. The motion was then unanimously
carried.
Sheriff Nelms reported that one of the K-9 unit dogs was
recently killed and must be replaced. Mrs.
Suthowski asked the cost of replacing such a trained animal. Sheriff Nelms stated that a trained dog, with a
warranty, can run between $5,000-$7,000.
Mrs. Suthowski remarked that there might be organizations that could
assist with the cost.
COUNTY ATTORNEY
Edgar A. Baker, Jr., referred to a request from the Airport
Commission for Council’s approval to advertise the acceptance of a donation of 35
acres of land located on Fooks School Road. The
property would become a part of the Airway Protection Zone at the Airport. Council gave its unanimous consent to
proceed with advertisement. As information,
Mr. Baker also advised that additional properties would have to be acquired as part of the
Runway Protection Zone.
Mr. Baker recalled to Council of a Special Legislative Session
to be held September 12, 2002, at 7:00 p.m., Civic Center.
Ms. Taylor-White asked for and received confirmation of the introduction of
bills, one of them being current zoning revisions and other additional items to be
discussed during today’s work session.
PLANNING, ZONING AND COMMUNITY DEVELOPMENT
Gloria Smith, Planner, conducted a public hearing for the
establishment of an Agricultural Land Preservation District, known as the Ronald K. Davis
District, comprised of 134.97 acres located south of Powellville. The request meets all criteria and the Advisory
Board recommends approval. Mr. Molnar
called for public comments, but there were none. There
were no Council comments. On motion of Vice
President Taylor-White, Council unanimously approved the above referenced District.
Mrs. Smith submitted a request on behalf of the City of
Fruitland for the Mills-Hunt Club South-North Division Street Annexation. During review, the Planning staff found that the
property is zoned “suburban” in the draft Metro Core Plan, with the 1982
Comprehensive Plan recommending low-density residential development. The City of Fruitland would like to zone the
property as R-3, suitable for townhouse/apartment development. The Planning staff believes this inconsistent with
the Plan, therefore, Council approval would be required.
Last year, the Planning Commission reviewed this plat as a 13-lot
subdivision. Because it lies in the Fruitland
wellhead protection area, it is recommended that Fruitland annex the entire property. The entire property would then have water/sewer service.
Ms. Taylor-White motioned to approve the annexation with the change in
zoning. Calling for discussion, Ms.
Taylor-White referred to the Community Impact Statement and the proposed development of
233 multi-family units with an anticipated school-age population of 108 students. However, there is no notation of the capacity of
the affected schools. Mrs. Smith stated that
the Board of Education is not asked for comments on annexations. Mrs. Prettyman asked if the County would
receive a copy of Fruitland’s Comprehensive Plan.
Mrs. Smith confirmed that the Plan has been requested. On a final note, Ms. Taylor-White wished to
emphasize the increasing population of schools, a situation that needs to be addressed by
the County. Mr. Molnar noted that Fruitland
and the County have worked cooperatively in the recent past to upgrade water and sewer
services for its population. The motion was
unanimously approved.
PUBLIC COMMENTS
Mr. Molnar recognized Salisbury City Council President
Lavonzella Siggers in the audience.
Mrs. Ann Suthowski asked when the Upper Ferry would again open. Mr. Sharma responded that repairs have been
completed and the ferry should be in operation on Monday, September 9, 2002.
Mr. Kenneth Holland asked when a bridge might be built across
the Wicomico River, at the Upper Ferry location. Mr.
Molnar responded that prior to Mr. Holland joining the meeting, that Council had an
extensive discussion about this topic, but a time line is unknown.
COUNCIL COMMENTS
Ms. Taylor-White wished to recognize Ms. Katrina Purnell and Ms.
Shirley Dashield, who were in attendance.
President Molnar then adjourned the meeting.
Executive Session was reconvened at approximately 1:00 p.m. President Molnar called the meeting to order.
Mr. Shea announced that Lori Carter, Clark Meadows, Gary Pusey,
Frank McKenzie, Matt Davis and Chuck Ward, Planning and Zoning staff, would come before
Council to discuss zoning revisions, specifically, manufactured housing and non-contiguous
transfers.
Manufactured Housing: Ms.
Carter and Mr. Pusey shared a letter from Lowell Cochran, President of Manufactured
Housing Institute of Maryland, expressing certain concerns regarding proposed revisions. Mr. Pusey stated that he would like to have the
opportunity to meet with the gentleman to discuss issues such as roof pitch, overhang,
shingles and gutters, width for double wide units, setbacks, lot orientation, etc. Many of the issues deal with industry standards
and staff is inclined to accept them as such. However,
council chose to review the following items:
Width of Doublewides: Industry standard to change from 24 ft.
to 22 ft. wide. Planning staff has no
objections to changing Code accordingly; Council concurred.
Roof Pitch: Industry
recommends that a 4/12 pitch be required for both single wide and doublewide; staff has no
objection to the recommendation, but certain concerns exist.
As the code is proposed, an individual who purchases a manufactured
home with a roof pitch not meeting the requirement can only locate that home within either
a park or subdivision. The home could not be
relocated to an individual lot at a later time, unless a variance is obtained. Council concurred with recommendation.
Roof Overhang: Industry
recommends that the current 4-inch overhang be revised to 2.5 inches to conform to
Industry Standards. Staff has no objection;
Council concurred.
Roof Shingles: Representative
recommends that the requirement that shingles be provided that are “commonly used in
standard residential construction” not apply to singlewide units in parks or
subdivisions. It is not clear whether this
applies also to doublewide units. Mr.
Tilghman requested that Council should require roof shingles as used in standard
residential construction on manufactured homes; this would only upgrade the value of such
homes.
Gutters: The
industry representative recommends that the requirement for guttering for both single and
doublewide units be deleted. Staff has no
objections; Council concurred.
Foundations: Industry
representative recommends that terminology stating that manufactured housing be
permanently affixed to a continuous, permanent masonry foundation, be revised. Staff states this is a complex issue with varying
impacts. Staff prefers to discuss this issue
further with Mr. Cochran. After discussion,
Council recommended that: manufactured
housing in parks would be placed on a permanent foundation, securely anchored and provided
with suitable skirting; 2) housing located outside parks would be required to be “permanently
affixed to a continuous, permanent masonry foundation”.
Setback and Lot Orientation:
Industry representative objects to have a setback that is different for
manufactured housing as opposed to conventional houses, further stating that such a
setback is unenforceable because it is not practical in parks. Staff would like to discuss with Mr. Cochran. As proposed, the 100 ft. setback from all property
lines would apply only to singlewide units on an individual lot of at least 2 acres. Having differing setbacks for manufactured housing
as opposed to conventional housing is a policy issue to be determined by Council.
Following discussion, Council recommended that single wide units must have a 100 ft.
setback from all property lines; double wide units must comply with the same setback
requirements as do conventional houses.
Other issues require clarification and the staff is not
confident that recommendations can be made to Council to meet a deadline for introduction
of legislation by September 12.
(see Attachment A). In
addition, there are questions as to proposed changes to the permitting process of
different types of manufactured housing, in relation to subsequent zoning revisions. Following lengthy discussion, it was generally
agreed by Council that the current permitting requirements would remain in place until
such time related zoning ordinances and permit changes can be coordinated and finalized.
During an earlier meeting, Council had discussed and requested
additional information concerning non-contiguous transfers within A-I District. Chuck Ward reported that after speaking with
planning staffs of other counties, the following comments are offered for consideration:
Harford County’s NT program does not require conservation
easements to be placed on sending parcels, thus, allowing developments rights to be sold
and transferred and then regained through the rezoning process.
Where NT has been implemented, fragmentation of the A-1 district by
residential subdivisions is prevalent. This
subsequently creates conflicts between homeowners and farmers and can adversely affect the
value of the subdivision and the adjoining farmland.
While an NT program may provide a farmer an economic boost during a
poor production year, the negative environmental and/or economic factors creating the
situation would most likely be countywide. Therefore,
a large offering of development rights may lower the value of these rights.
NT programs, unlike transferable development rights, do not
take into consideration the provision of infrastructure or adequate public facilities. Issues such as wastewater treatment, potable water
supplies and transportation concerns should be considered prior to implementing such a
plan.
Implementation of non-contiguous parcel clustering can be
simpler and quicker, since the two landowners involved in the transaction accomplish the
transfer.
However, this density transfer technique does present useful
opportunities for preserving specific parcels of farmland and open space, as well as
providing a significant amount of flexibility for developers when planning a subdivision,
and may provide a one-time economic boost to property owners who wish to maintain
ownership while selling one layer of their ownership rights.
Mr. Ward and staff have concluded that density transfers in the
form of non-contiguous parcel clustering may be beneficial in achieving preservation
objectives in certain instances. Diverse and
realistic incentives must be offered in order to achieve long-range planning goals of
providing efficient, affordable adequate public facilities for our citizens. Conservation easements should be placed on sending
parcels to ensure perpetual preservation of desirable land.
Rezoning of sending parcels should not provide an opportunity for later
development of the sending parcel.
Council members shared their observations on the
recommendations and the merits of transferable developments rights as opposed to
non-contiguous development transfers, keeping in mind that the goal is to provide farmers
a mechanism that would allow them to convert an asset into cash when needed. Also discussed was the cost of a TDR program,
compared to the cost of non-contiguous transfers being borne by the landowners involved.
Mr. Tilghman suggested that Council form a study committee soon
to research transferable development rights programs in other jurisdictions and to
determine the type of program best suited for Wicomico County.
Mrs. Prettyman remarked that taking into consideration the
revenue projections for the immediate future years, the County does not have the resources
to fund a TDR program, but a non-contiguous transfer program can be accomplished without
government dollars or involvement. Mr. Taylor
responded that he would prefer that Planning staff work with the agricultural community,
perhaps in the form of the suggested study committee so that action can be taken. Both Mrs. Prettyman and Mr. Taylor referred to
this issue being addressed in the Comprehensive Plan adopted in 1998; however, no action
has been taken to establish any program. Ms.
Taylor-White reminded Council members that any formal action would have to be taken and
introduced legislatively by September 12, remarking that anything less than a well-thought
out plan could worsen the situation. Mr.
Molnar agreed, stating this is exactly why Council took time to properly review the
manufactured housing issue, however, he is comfortable with establishing a non-contiguous
transfer Program now, particularly in conjunction with existing restrictions regarding
agricultural land development. Acknowledging
the differing opinions of fellow Council members and the inability to take formal action
for the Special Legislative Session, he would agree that Planning staff should continue
research and compare TDR and NT programs and agreed that some public involvement will be
necessary.
Mr. Tilghman then motioned that Council adopt a Resolution
stating that this Council supports the concept of transferable development rights and/or
non-contiguous transfers as a means of compensation for landowners while maintaining the
land in agricultural production, direct staff to continue its research and the formation
of a study committee to develop a viable development program. Mrs. Prettyman stated that
she would not support the motion and Ms. Taylor-White shared her lack of confidence in the
adoption of a resolution, citing Council’s inaction for an adequate public facilities
ordinance. Calling for a vote, the
motion was duly carried with five favorable votes and Mrs. Prettyman and Ms. Taylor-White
opposing.
Mr. Baker asked if his staff could be of help to the Planning staff
and the proposed committee by helping to define the issues, i.e., pros and cons of each
type of development program. Mr. Molnar and
Council members agreed this would be helpful. Ms.
Carter asked when Council would like a progress report.
Mr. Molnar stated that an update in two weeks, if possible, would be
appreciated.
MISCELLANEOUS
Mr. Baker asked for and received confirmation that Council
expects legislation on the ten-lot penalty and Paleochannel issues on September 12.
Mr. Shea and Mr. Baker then requested Council to approve
entering a closed session to discuss a matter regarding a proposal for location of an
industry in the County. Mr. Ennis motioned to
enter closed session, which was seconded by Mr. Long and unanimously carried.
Mrs. Prettyman also requested the opportunity to discuss a
personnel matter during the closed session.
Mr. Molnar then announced that the Executive Session is now
adjourned and Council would convene a closed session.
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