#13 MEETING JULY 9, 2001
PRESENT
Mayor Barrie P. Tilghman
Council President William F. Stacey
Council Vice President Joseph L. Scott
Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor
Paul Wilber, Major Jeff Livingston, Fire Chief Stephen Brezler, 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 Director David Nutter, and interested Citizens
and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Stacey called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
On a motion by Mrs. Polk and seconded by Mr. Webster, the agenda was unanimously approved as presented.
APPROVAL OF JUNE 25, 2001 MINUTES
Mrs. Polk and Ms. Siggers reported that they were absent from the June 25, 2001 meeting due to their attendance at the Maryland Municipal League Convention in Ocean City. On a motion by Mr. Scott and seconded by Mr. Webster, the minutes of June 25, 2001 were approved with Messrs. Scott, Stacey and Webster voting in favor. Mrs. Polk and Ms. Siggers did not vote.
ORDINANCE NO. 1816 - 1ST READING - BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR THE TRUITT STREET STORM WATER PROJECT
Ms. Siggers moved and Mr. Webster seconded to approve Ordinance No. 1816 for first reading. Public Works Director John Jacobs briefed Council on the budget amendment appropriating $450,000 for the Truitt Street storm water project. Mr. Jacobs explained that the project contained two main benefits: 1) flooding relief during high-intensity storms for a 69.5 acre area; and 2) 11.3 acre area will no longer discharge storm water into the City's sewer main.
After discussion, Ordinance No. 1816 for first reading passed unanimously.
ORDINANCE NO. 1817 - 1ST READING - APPROVING REVISED PLANNING DEPARTMENT FEES
Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1817 for first reading. Planning & Zoning Director David Nutter and Mr. John Gigliotti provided an overview of Ordinance No. 1817 which establishes a fee structure for the Planning & Zoning Commission, the Salisbury Board of Zoning Appeals and the Forest Conservation Program. The fees more accurately reflect the actual costs involved in processing the information and are more in line with other counties in the region.
Concerns expressed by Council included: 1) Ordinance did not reflect the current fee structure for comparison purposes; 2) proposed fee schedule should be published for the benefit of those being impacted by this Ordinance; 3) questioned if a sliding fee schedule would be considered for non-profit organizations.
Mr. Robert Taylor opined that he had never heard anyone over the years complain about the fee, only that the fees were relatively low compared to other jurisdictions. He applauded the fact that the users would be paying the fees rather than the general public.
After further discussion, Ordinance No. 1817 for first reading passed unanimously.
ORDINANCE NO. 1818 - 1ST READING - CLOSING OF WATER STREET
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1818 for first reading. City Solicitor Paul Wilber reported that Ordinance No. 1818 has the effect of closing the remaining portion of Old Water Street which currently provides an entrance to the parking lot for the State Government Building on Baptist Street. The State will gate the entrance to the parking lot which will be used exclusively for State employee parking. The property will be deeded to the State of Maryland (to the use of the Department of General Services) and the Old School Baptist Church with the City of Salisbury retaining easements to maintain the underground utilities in the area.
After clarifying the exact location of Water Street, Ordinance No. 1818 passed unanimously for first reading.
RESOLUTION NO. 771 - CHARTER AMENDMENT (§SC7-35 AND §SC7-48) - ADJUSTING MAXIMUM TAX RATE IN THE CHARTER TO REFLECT CHANGE IN ASSESSMENT VALUATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 771. Finance Director John Cawley presented Resolution No. 771, a Charter amendment to amend §SC7-35 and §SC7-48 of the Charter to conform to the State of Maryland's change in assessed valuation of real property from 40% of market value to 100% of market value. The limitations contained in Charter sections §SC7-35 and §SC7-48 needed to be changed to reflect the following:
§SC7-35,
Taxable Property - change from $1.70 to $.68 on each one hundred dollars
of assessed valuation; and
§SC7-48, Debt Limit - change from 7 1/2% of assessed valuation to
3% of assessed valuation.
Mayor Tilghman acknowledged that there is a required advertising for Charter amendments before it becomes law. With no further discussion, Resolution No. 771 passed unanimously.
RESOLUTION NO. 772 - RESOLUTION OF SUPPORT FOR THE COMMUNITY LEGACY PROGRAM GRANT APPLICATION
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 772. Mayor Tilghman and Salisbury Neighborhood Housing Service Director Cheryl Meadows briefed Council on Resolution No. 772, approving the Community Legacy Program grant application. In order to submit a stronger application to the State, the City will partner with Salisbury Neighborhood Housing Service in this endeavor. The deadline for the grant application is July 24, 2001. The Department of Housing and Community Development will monitor the program as it progresses.
The Community Legacy Plan (a five-year plan) includes the areas of North Camden, Newtown, the North Division Street Corridor, Fitzwater/West Main Street and Doverdale. A plan overview of each area is attached and made a part of these minutes. The first phase of the plan will address the purchase/rehab/resale program in North Camden, specifically targeting Newton Street. If successful in being awarded this grant, a grant agreement will be signed with the State specifying what the funds are to be used for and how they will be spent. Mrs. Meadows estimated that the amount for the first phase would be between $400,000 and $500,000.
After further clarification from Messrs. Glen Bury and Ed White on the program, Resolution No. 772 passed unanimously.
RESOLUTION NO. 773 - ACCEPTING GIFT OF MATERIALS AND LABOR FOR THE FLAMINGO EXHIBIT AT THE SALISBURY ZOO
Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 773. Zoo Director Jim Rapp presented Resolution No. 773, accepting the gift of the construction of a flamingo exhibit at the west end of the Salisbury Zoo. Bovis Lend Lease offered to construct the exhibit valued at approximately $25,000. Mr. Rapp reported that the project is currently in the permit stage process with the Department of Environment.
Resolution No. 773 passed unanimously.
RESOLUTION NO. 774 - ACCEPTING $60,417 IN FEDERAL FUNDS AWARDED THROUGH THE LAW ENFORCEMENT BLOCK GRANT
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 774. Resolution No. 774, as presented by Major Jeff Livingston, accepts $60,417 in federal funds awarded through the Local Law Enforcement Block Grant. The Police Department intends to use the funds for the purchase of Internet security hardware and software, cellular digital packet data, Information Technology training and personal computer upgrades.
Resolution No. 774 passed unanimously.
RESOLUTION NO. 775 - ACCEPTING $9,204 IN FEDERAL FUNDS AWARDED THROUGH THE DEPARTMENT OF JUSTICE'S BULLETPROOF VEST PARTNERSHIP PROGRAM
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 775. Major Jeff Livingston introduced Resolution No. 775 which accepts $9,204 in federal grant funds awarded through the Department of Justice's Bulletproof Vest Partnership Program for the purchase of protective vests for each police officer.
Resolution No. 775 passed unanimously.
RESOLUTION NO. 776 - ACCEPTING $12,500 IN STATE GRANT FUNDS AWARDED THROUGH THE GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 776. Major Jeff Livingston explained that Resolution No. 776 accepts $12,500 in state grant funds, awarded through the Governor's Office of Crime Control and Prevention. The grant was awarded to the Wicomico Partnership for Families and Children which will coordinate the project. The funds will be used for overtime expenses incurred through the use of additional patrol in the designated Westside HotSpots II area. Major Livingston noted that this is a joint effort with the Wicomico County Sheriff's Department and the Maryland State Police to increase patrol presence as requested by the Westside Revitalization Partnership.
Mrs. Polk asked Mayor Tilghman to revisit the issue of having a separate agency oversee HotSpots II (City oversees HotSpots I). When approving funds for HotSpots II, she wanted assurance that this was truly something that City residents have participated in and that it was a legitimate organization that expressed their wishes.
Ms. Siggers questioned who the participants were in the Westside Revitalization Partnership. She voiced that she was not in support of this Resolution since she questioned whether there was a HotSpots program in action on the Westside. To her knowledge, there were not any City residents participating in this project and, therefore, the program seemed to be conducted on the
County level. In response to Ms. Siggers' query, Mrs. Polk reported that Westside Revitalization Partnership was the name the Westside took instead of being called HotSpots II.
Mr. Stacey believed they needed to move forward with the Resolution since it was for City police officers' overtime. Messrs. Scott, Stacey and Webster voted in favor of Resolution No. 776. Mrs. Polk and Ms. Siggers voted nay. Resolution No. 776 passed on a 3-2 vote.
RESOLUTION NO. 777 - ENTERPRISE ZONE ELIGIBILITY - 7TH FLOOR ONE PLAZA EAST
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 777. Mayor Tilghman presented Resolution No. 777 requesting that City Center Salisbury LLC, owner of 7th floor One Plaza East, be eligible to receive Enterprise Zone benefits. Mayor Tilghman recommended the approval due to more than $50,000 being invested in the property. Mr. John McClellan, co-owner of the property, reported that the restorations are 50% complete with two tenants currently occupying part of the space.
Mrs. Polk referred to the term "industries" in the Executive Officer's cover memo and questioned how real estate could be classified as industry. In response to Ms. Siggers' legal concern, City Solicitor Paul Wilber opined that business would have been a better word, however, the Resolution itself did use the term business.
After further discussion, Mrs. Polk, Ms. Siggers, Mr. Scott and Mr. Webster voted in favor of Resolution No. 777. Mr. Stacey abstained.
RESOLUTION NO. 778 - ACCEPTING $50 GIFT FROM P. J. HANNON IN MEMORY OF RETIRED POLICE OFFICER RAYMOND ROTH
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 778. Resolution No. 778, as presented by Mayor Barrie Tilghman, accepts a $50 gift from Patrick (P.J.) Hannon in memory of retired Salisbury Police Officer Raymond Roth. Mr. Roth retired with the rank of Captain after serving the Police Department for thirty-six years. Upon his recent passing, Mr. Roth's neighbors collected the money to be given to the City and the Police Department in his memory.
Resolution No. 778 passed unanimously. As a consensus, the Council agreed to use the funds to purchase a plaque for display at the Police Department.
APPROVING LEASE OF PARKING LOT #10 FOR SPECIAL OLYMPICS
Mr. Webster moved and Mrs. Polk seconded to approve the lease of parking lot #10 for the Special Olympics. Mayor Tilghman advised that the Special Olympics (Maryland-Lower Shore) had requested to use lot #10 one night a week from July 16, 2001 through October 15, 2001, weather and daylight permitting, for skating and rollerblading as balance training to prepare their athletes for the Special Olympics winter games. Since the lot would be used at night, it would not interfere with parking.
After a brief discussion, the Council unanimously approved the lease of parking lot #10 for the Special Olympics.
AWARD OF BIDS
The following item was presented for approval by Director of Procurement and Parking Carol Turner:
1. Contract No. A-7-01, Change Order No. 1
Citywide Curb, Gutter & Sidewalk Patching (001-3205-532.43-04)
Malone & Phillips . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . $15,000.00
Mr. Webster moved and Mr. Scott seconded to approve the above item. All voted in favor with the exception of Ms. Siggers who was not present during the vote.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following issues:
Mrs. Polk reiterated that she was absent from the last Council meeting due to attending the workshops at the Maryland Municipal League Convention in Ocean City. Mrs. Polk complimented Mayor Tilghman and Executive Officer Pick for a job well done in respect to the Governor's announcement on water and sewer so that the City can forward plans for getting the master plan approved.
Mr. Webster mentioned a request from the band director at Middletown High School in Middletown, Maryland seeking financial assistance for their band to represent the State of Maryland in Hawaii for the Pearl Harbor anniversary. Mr. Webster referred to the problem the City is still facing in respect to providing water and sewer services to Wor-Wic and Perdue Stadium.
Mr. Scott thanked the public for attending the meeting.
Ms. Siggers believed the Maryland Municipal League Convention was a great opportunity for officials to obtain information and noted that the Salisbury Community Band played for the opening ceremonies. Ms. Siggers commended the water and sewer team for their efforts and believed the Governor's announcement was a great victory for Salisbury. She hoped that the Council would continue negotiations with the County in trying to establish a water and sewer agreement.
PUBLIC COMMENTS
Mr. James Trader's comments/concerns included 1) awaiting response to his May 14, 2001 request on how many employees have left for salary reasons; 2) traffic problems need to be addressed; 3) status of recycling program; and 4) maintenance for facilities in the City Park.
Ms. Julia Hancock mentioned that 1) yard debris is being recycled; 2) provided Building, Housing & Zoning a list of illegal signs that should be removed; and 3) street sweeping should be done on the island at the Carroll Street and Riverside Drive area.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey advised the public on issues to be addressed at upcoming work sessions - updates on traffic committee, recycling and the City park bandstand.
With no further business, the meeting adjourned at 9:10 p.m.
City Clerk
Council President