#20 MEETING OCTOBER 9, 2000
PRESENT
Mayor Barrie P. Tilghman
Council President Lavonzella Siggers
Council Vice President Joseph L. Scott
Councilwoman Rachel S. Polk
Councilman William Stacey
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor
Paul Wilber, Police Chief Al Webster, Fire Chief William Higgins, Finance
Director John Cawley, Director of Procurement & Parking Carol Turner,
C.P.M., CPPB, BHZ Director William Holland, Public Works Director John
Jacobs, Planning & Zoning Planner Gloria Smith and interested Citizens
and Members of the Press. ***********************************************************************************************
CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
Council President Siggers announced that Resolution No. 732, authorizing the extension of water and sewer to Joseph House II, would be pulled from the agenda and postponed to a later date since the information for Council's review had not been prepared. Mrs. Polk moved and Mr. Scott seconded to adopt the agenda. Mr. Stacey moved and Mr. Webster seconded to amend the agenda by moving Resolution No. 737, amending the City Council Regulations and Rules of Order, to the first item for discussion. Messrs. Stacey and Webster voted aye. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay. On the vote to adopt the agenda (with the deletion of Resolution No. 732), Mrs. Polk, Ms. Siggers and Mr. Scott voted aye. Mr. Stacey and Mr. Webster voted nay.
APPROVAL OF MINUTES - SPECIAL MEETING MINUTES OF SEPTEMBER 21, 2000 AND SEPTEMBER 25, 2000 MINUTES
Mrs. Polk moved and Mr. Webster seconded to approve the Special Meeting Minutes of September 21, 2000 and the September 25, 2000 minutes. Mr. Stacey moved to amend the minutes of September 25, 2000 to reflect that he voted nay on Ordinance No. 1780 (extending the moratorium for group domiciliary care facilities to December 31, 2000). Mr. Webster seconded and the amendment passed unanimously. The Special Meeting Minutes of September 21, 2000 and the September 25, 2000 minutes, as amended, were unanimously approved.
RESOLUTION NO. 730 - CHARTER AMENDMENT - MOVING THE DATE OF ELECTIONS FROM THE FALL TO THE SPRING BEGINNING IN THE YEAR 2005, MODIFYING THE TERMS OF THE MAYOR AND THE TWO COUNCILMEMBERS WHO WILL BE ELECTED IN MAY 2002, MODIFYING THE TERMS OF THE REMAINING THREE COUNCILMEMBER POSITIONS WHO WILL BE ELECTED IN NOVEMBER 2003, AND DELETING THE POSITION OF SIXTH COUNCILMEMBER
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 730. City Solicitor Paul Wilber briefed Council on Resolution No. 730, a Charter amendment moving the date of the elections from the fall to the spring beginning in the year 2005, modifying the terms of the Mayor and the two councilmembers who will be elected in May 2002, modifying the terms of the remaining three councilmember positions who will be elected in November 2003, and deleting the position of the sixth councilmember.
Mr. Stacey recommended retaining the November election date because this issue linked to the consolidation of the City and County Finance Departments. If the two Finance Departments were to consolidate, the County would need the City's tax rate by the end of May. In Mr. Stacey's opinion, spring elections would throw a wrench into consolidation or the Council would have to consider an earlier budget process, possibly starting in March.
Mrs. Polk preferred having the elections in the spring which would allow more daylight time for campaigning and interfacing with the public.
Mr. Webster wanted to save the taxpayers money by eliminating the primary and increasing voter participation by having November elections in conjunction with the presidential and gubernatorial elections. Mr. Scott pointed out that the elections were now scheduled to be held in odd years. Mrs. Polk noted that a recent comparison study of other municipalities revealed that Salisbury, with spring elections and a primary, had higher voter turnout percentages than those without a primary.
Former City Councilman Palmer Gillis believed that a fall election would increase voter turnout and asked Council to give the November election a chance to see the results. In Mr. Gillis' view, moving the elections back to the spring would provide a stumbling block in setting a tax rate by May 31 which would put an obstacle into the voter mandate of consolidating the City and County Finance Departments.
Ms. Siggers related that it was not a mandate by the public to consolidate, but only a request for the Council to consider. Ms. Siggers referred to Fruitland's recent election which resulted in a 2% turnout of voters.
Mr. Robert Taylor opined that the Fruitland election was uncontested which could attribute to the low turnout. In his opinion, it did not make sense to have the elections in the spring because of the budget process even if there wasn't consolidation.
Mr. Gene Groten expressed his opinion that the elections should be held in November.
With no further discussion, Mrs. Polk and Ms. Siggers voted in favor of Resolution No. 730. Messrs. Scott, Stacey and Webster voted nay. Resolution No. 730 failed to pass on a 2-3 vote.
RESOLUTION NO. 731 - APPROVING AGREEMENT WITH LINENS OF THE WEEK ON PRETREATMENT MONITORING FEES
Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 731, approving the agreement with Linens of the Week on pretreatment monitoring fees. Resolution No. 731, as presented by City Solicitor Paul Wilber, provides that Linens of the Week will reimburse the City for the amounts to be repaid to Admiral, Inc. -- $7,500, plus $1,282.73 in interest. The $8,782.73 will be paid in two installments with the first payment of $4,391.37 due within fifteen days after the execution of the agreement and the balance of $4,391.36 payable in the first week of January, 2001. The second installment will accrue interest at the rate of six percent.
Resolution No. 731 passed unanimously.
RESOLUTION NO. 733 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON PROPOSED ANNEXATION - U.S. ROUTE 13 NORTH BARNES & NOBLE
Mr. Scott moved and Mr. Stacey seconded to approve Resolution No. 733, establishing a date for a public hearing on the proposed U.S. Route 13 North Barnes & Noble annexation. City Solicitor Paul Wilber and Public Works Director John Jacobs provided a brief overview of the annexation. The property, located on the westerly side of U.S. Route 13 north of Naylor Mill Road between Lowes and Staples, contains approximately 6.6 acres. Development plans include the construction of a 24,000 sq. ft. Barnes & Noble bookstore and a 30,000 sq. ft. retail store. The property will be zoned General Commercial upon annexation into the City. The public hearing on the annexation will be held on November 13, 2000.
After a brief discussion concerning the estimated 2,700 gallons per day impact on water and sewer, all voted in favor of Resolution No. 733 with the exception of Mrs. Polk who abstained.
RESOLUTION NO. 734 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON PROPOSED ANNEXATION - PEMBERTON DRIVE/BAILEY PROPERTY
Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 734, establishing a date for a public hearing on the Pemberton Drive/Baily property annexation. Resolution No. 734, as highlighted by City Solicitor Paul Wilber and Public Works Director John Jacobs, provides for a November 13, 2000 public hearing on the 19.1 acres located on the southeasterly side of Pemberton Drive near the Harbor Pointe development. Development plans include a forty-two lot subdivision to accommodate eighty-four semi-detached dwelling units similar to Schumaker Manor. The property will be zoned R-8A upon annexation into the City.
Resolution No. 734 passed unanimously.
RESOLUTION NO. 735 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON PROPOSED ANNEXATION - SOUTH DIVISION STREET/CLOVERLAND FARMS
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 735, establishing a date for a public hearing on the South Division Street/Cloverland Farms annexation. City Solicitor Paul Wilber and Public Works Director John Jacobs provided an overview of the annexation of approximately 1.13 acres located on the southeastern corner of South Division Street and Dykes Road. A Royal Farms Convenience Store is located on the property. Zoning will be Neighborhood Business upon annexation into the City. A public hearing on the annexation is scheduled for November 13, 2000.
Resolution No. 735 passed unanimously.
RESOLUTION NO. 736 - ENTERPRISE ZONE ELIGIBILITY - JOE SORRELL'S INC.
Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 736, a resolution declaring that Joe Sorrell's Inc., located at 1926 Northwood Drive, is eligible to receive Enterprise Zone benefits. Executive Officer John Pick reported that Joe Sorrell's Inc. met the qualifications by investing more than $50,000 in the property.
After a brief discussion, Resolution No. 736 passed unanimously.
RESOLUTION NO. 737 - AMENDING THE CITY COUNCIL REGULATIONS AND RULES OF ORDER
Mr. Scott moved and Mr. Stacey seconded to approve Resolution No. 737, amending the City Council regulations and rules of order.
For the benefit of the public, City Clerk Brenda Colegrove read the current resolutions (Resolution Nos. 405, 416, 418 and 482) pertaining to the regulations and rules of order for City Council meetings. City Solicitor Paul Wilber, with the assistance of Mayor Tilghman and Executive Officer John Pick, read the proposed regulations and rules of order contained in Resolution No. 737.
Mr. Webster voiced his disagreement with items B, C and E in the Public Input section. He did not like the idea of trying to muzzle or restrict the taxpayers input.
Mrs. Polk believed that work sessions were an opportunity for Councilmembers to come togther to work and obtain information from the experts on a variety of issues. In her opinion, it was very difficult to get clarity when members of the public constantly interject their opinions. She did not view it as an attempt to muzzle the public, but an attempt to have some order to the meetings.
Mr. Stacey expressed his dissatisfaction with the restrictive changes being written into the rules of order and was opposed to any wording that restricted the free flow of information. Mr. Stacey disagreed with sections: 1) 4D (Council President having the discretion to rule a member out of order); 2) 4E (too confining for Councilmembers); 3) 5C (language referring to person making personal, impertinent or slanderous remarks, etc. will be barred from further audience); 4) 5E (comments should be germane to the function of City government); 5) second paragraph of preamble and Section 5E should be consistent (i.e., should be City government); and 6) language included in Section 7 regarding work session meetings, particularly 7D. Ms. Siggers and Mrs. Polk pointed out that the language in 5C (and may be barred from further audience before the City Council) should have been deleted.
Several citizens in the audience voiced their opinion on the proposed regulations and rules of order with the majority expressing that public input should be heard at both Council meetings and work sessions. Other issues addressed included: 1) giving the Council President too much power (should be consensus of the entire Council); 2) all meeting notices should be posted on web site; 3) more inclusive description of agenda items; 4) publish agenda in newspaper earlier; 5) add a provision that an absent councilmember may participate by telephone; 6) preamble and Section 5E should agree (i.e., be consistent by using city government); 7) barring a boisterous person should only be for that particular meeting; 8) rather than speak at work sessions, call or use E-mail to communicate concerns or questions; and 9) rephrase some of the language to be more user friendly.
After a five minute break at 9:40 p.m., Mr. Stacey moved to postpone Resolution No. 737 in order to discuss some of the major points discussed this evening at an upcoming work session. Mr. Webster seconded the motion and the vote was unanimous.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement
& Parking Carol Turner:
After discussion, upon a motion by Mr. Webster and seconded by Mr.
Stacey, the above items were unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
Mr. Scott appreciated the large turnout at tonight's meeting and commented that Council would try to do their best to please the majority. Mr. Webster complimented everyone who attended the meeting and mentioned that he wanted clarification in a work session on two issues -- building code enforcement and group domiciliary care. Mr. Stacey thanked everyone for coming to the meeting and announced that a work session would be scheduled regarding extending water and sewer to the County. Mrs. Polk read a statement concerning the mean spiritedness she had experienced. In spite of it, she would continue to vote in the manner which she felt was in the best interest of Salisbury and would work with any citizen, organization or entity whose agenda was for the betterment of our community.
PUBLIC COMMENTS
Mr. Jack Hughes, President of UAW Local #354 in Salisbury, expressed dissatisfaction with the treatment Dresser strikers have received from the Salisbury Police Department. Mayor Tilghman acknowledged that she has a meeting scheduled with the Union tomorrow.
Mr. James Trader 1) suggested that the Wastewater Treatment Plant (WWTP) have an annual inspection program; 2) questioned if other equipment could be shared with the WWTP; 3) questioned if the wording on contracts had been amended for change orders; and 4) nuisance of pigeons in the parking garage and the Feldman Building.
Ms. Katrina Purnell commented on the inadequate lighting along the streets to get to the parking garage.
Mr. Robert Taylor distributed a memo concerning the water and sewer system upgrade/ expansion and a copy of the Wicomico County Council meeting minutes of June 6, 2000 referencing sewer services to Perdue Stadium.
Ms. Julia Hancock voiced her concern with the parking situation around the college area which was now beginning to impact Somerset Avenue.
Ms. Lynette Camper, a member of the Million Family March representing the Lower Eastern Shore, announced that they are sponsoring a bus to Washington, D.C. on October 16, 2000.
Mr. James Shields suggested that Council present a unified front and any differences should be behind closed doors.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers appreciated the public's valuable input and referred to Ms. Hancock's suggestions from attending a previous Council work session. She reiterated that their efforts were not an attempt to muzzle anyone. The Union members were thanked for attending the meeting and sharing their concerns. Ms. Siggers acknowledged Mr. and Mrs. Jeffrey Polk's eighteenth wedding anniversary and welcomed back Councilman Webster.
With no further business, the meeting adjourned at 10:40 p.m.
City Clerk
Council President