The Pocomoke City Mayor and Council addressed several significant issues during its July 20 meeting, including the settlement of a lawsuit involving industrial park property, the sale of that property to Hardwire, Inc., proposed changes to the City’s litter and solid waste ordinance, updates on the proposed cannabis dispensary, and approval of several upcoming community events.
Council also received updates on road paving projects, improvements at the City’s horse barn, fundraising efforts for a planned Veterans Memorial, and discussed recent public debate surrounding proposed solar farms near Pocomoke City.
City Details Settlement of James Reese Lawsuit
The meeting marked the first public explanation of how the City resolved the breach-of-contract lawsuit filed by James Reese.
City Attorney Andrew Illuminati told Council that Reese filed suit after purchasing three parcels in the Pocomoke Industrial Park approximately three years ago. The lawsuit alleged breach of contract and negligent misrepresentation, with the dispute centering on whether the property contained wetlands.
Illuminati said the parties reached a settlement before trial under which the City repurchased the property for $116,000.
“The city settled the case by repurchasing the property,” Illuminati said. “The city ended in a net neutral position.”
Immediately following the settlement discussion, Council unanimously approved selling the same three industrial park parcels to Hardwire, Inc. for $100,000. Illuminati explained that the City had also collected approximately $16,000 in property taxes during the time Reese owned the property, offsetting the difference between the repurchase and resale prices.
He said the settlement also avoided the expense and uncertainty of continuing litigation.
“Rather than go through costly litigation that could have resulted in the city needing to pay extensive attorney fees, the city settled the matter in a manner to allow all parties to move on and which will transfer ownership to a new owner who has significant use for the property.”
Illuminati added that Hardwire had been working with the City during settlement negotiations and needs the property for mitigation purposes. Council authorized Mayor Todd J. Nock and, if necessary, City Manager Brandy Matthews to execute the closing documents.
Mayor Calls for Better Documentation
Following the settlement discussion, Mayor Todd J. Nock reflected on the original property transaction and stressed the importance of maintaining official records when conducting City business.
“I am adamant that when we are having conversations with people about city-owned property, city projects, any of those kinds of things, that is done in city email,” Nock said.
Nock said there was little documentation available regarding conversations surrounding the original sale beyond the contract itself and expressed hope that future transactions would be handled with better documentation and communication.
Hazardous Waste Ordinance Sent Back for More Work
Council declined to adopt proposed amendments to the City’s littering and solid waste ordinances after members expressed concerns about language intended to address the improper disposal of hazardous waste.
The ordinance would have added definitions for hazardous waste, prohibited disposing of hazardous waste through municipal trash collection, established fines of up to $5,000, and authorized suspension of trash collection service for violations. It also included a rebuttable presumption that hazardous waste found in a trash container had been placed there by the owner of that container.
Mayor Nock questioned whether residents could be unfairly penalized if someone else placed prohibited materials into their trash containers before collection.
“I don’t believe that it is appropriate to automatically assume that it was the owner that put it in there,” Nock said.
Councilmembers discussed scenarios involving trash containers left curbside or otherwise accessible to the public, expressing concern that enforcement could unfairly affect innocent residents.
Illuminati explained that the rebuttable presumption was intended to make enforcement possible while still allowing residents to present evidence showing they were not responsible.
Rather than adopt the ordinance as written, Council voted to move the proposal to a work session for additional discussion and revisions. A work session was scheduled for July 27 at 6:30 p.m. Editor’s Note: This work session has since been canceled and a new work session for August 10th has been scheduled.
Cannabis Dispensary Continues Through Review Process
Planning Director Kristen Tremblay updated Council on the proposed cannabis dispensary that recently received approval from the Board of Zoning Appeals for a separation distance waiver.
Tremblay said the applicant is now revising site plans and architectural drawings, including consideration of adding a drive-through. Once complete, the plans will be reviewed by the Planning Commission before returning to the Mayor and Council for final approval.
No action was required by Council during Monday’s meeting.
Community Events Receive Approval
Council approved several upcoming events, including:
- Mar-Va Theater’s August 14 performance featuring Lure and Old State Line
- The Great Pocomoke Fair
- The Dark Royalty Bike Show
- The Demolition Derby
- Book Bag Fest
- The annual Pocomoke Boat Docking event
- Multiple one-day alcohol permits associated with the Boat Docking event and private events at the Pocomoke Community Center.
During discussion of the Dark Royalty Bike Show, Mayor Nock asked organizers not to advertise events before receiving official approval from the City, noting that residents had asked Council members about the event before it appeared on a Council agenda.
The Book Bag Fest also prompted discussion because organizers were not present at the meeting. Several council members reiterated that applicants should attend meetings when requesting approval, though Council ultimately approved the event because of its benefit to local students.
Road Projects Continue
City Manager Brandy Matthews reported that paving has been completed on Bonneville Avenue, Bishop Isaac Jenkins Street, Young Street, Moore Street, portions of Sixth Street, and Beach Street, including new sidewalks.
She said work has begun on Winter Quarters Drive, while paving in the Heights neighborhood—including portions of 14th Street, 15th Street and Princess Anne Lane—has been temporarily delayed after contractors encountered gas lines. Chesapeake Utilities is evaluating the situation before paving resumes.
Horse Barn Improvements Continue
Matthews and Events, Facilities, and Engagement Coordinator Michael Shannon updated Council on ongoing improvements at the City’s horse barn.
Among the completed or ongoing work are upgrades to the electrical service, electrical panels, fans and louvers. However, Shannon reported that inspections revealed the existing light fixtures above the horse stalls are not approved for dusty agricultural environments and will need to be replaced with sealed fixtures to reduce fire risk. He said the wiring itself was found to be satisfactory.
Mayor Nock said the facility has suffered from years of deferred maintenance and stressed the importance of identifying all necessary repairs early in the process rather than discovering additional issues later.
He also acknowledged concerns raised over increased horse stall rental fees, saying the City would continue discussing the issue while balancing affordability with the cost of maintaining the facility.
Veterans Memorial Fundraising Progress
During council comments, Councilman C.L. Marshall announced continued progress on fundraising for a planned Veterans Memorial.
Marshall said approximately half of the project’s cost has already been raised through private donations and expressed confidence that the remaining funding will soon be secured. He said the memorial could potentially be completed at no cost to the City once the bronze inscription is finished.
Council Discusses Solar Farm Media Coverage
During council comments, Councilman Michael Hall said he was concerned that recent newspaper articles and online posts had created the impression that the City of Pocomoke opposed a proposed solar farm.
“I just want the public to know that me… I’m not against it,” Hall said.
Mayor Nock responded that a letter he had written to the Worcester County Commissioners reflected his own position, not an official position of the Mayor and Council.
He said his request was not intended to oppose solar development, but to encourage the County to conduct a comprehensive study of the cumulative impacts of multiple solar projects located near the City.
“My ask for our county commissioners was to do a study on the effects of solar panels, especially within that two-mile radius,” Nock said. “We didn’t have a pony in the race whether it was going to come or not.”
Nock said his concern was that several solar projects are being proposed in the same area while the City continues working to market industrial property for future economic development.
“I just think that there needs to be a comprehensive study done to outline what the effects of these solar panels are,” he said.
Meeting Ends in Closed Session
Following comments from the public, City Manager, Council members and the Mayor, Council voted to enter closed session under Maryland law to discuss “a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State.” No action from the closed session was announced before the meeting concluded.
