#16 MEETING                                                                                                              AUGUST 12, 2002

Mayor Barrie P. Tilghman                                                                         Council President Lavonzella Siggers
Council Vice President Joseph L. Scott                                                     Councilman Michael Day
Councilwoman Rachel Polk                                                                      Councilman C. T. Webster

City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Public Works Director John Jacobs, Police Chief Allan Webster, Fire Chief Stephen Brezler, Human Resources Director Ed Cox, Grant/Special Projects Director Deborah Stam, 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 and the Pledge of Allegiance were recited.

Mr. Webster moved and Mr. Scott seconded to amend the agenda by moving the Public Comments section to the top of the agenda. Mrs. Polk moved and Mr. Scott seconded to further amend the agenda by removing Resolution No. 876 (amendment to City Council Regulations and Rules of Order) and the Award of Bids. The above amendments were unanimously approved. The agenda, as amended, was unanimously approved upon a motion by Mr. Webster and seconded by Mrs. Polk.

PUBLIC COMMENTS

Mr. James Trader mentioned that the Recycling Task Force would like the opportunity to discuss their recommendations with the City Council on an upcoming agenda.

CERTIFICATE OF APPRECIATION

Mayor Barrie Tilghman presented a Certificate of Appreciation to Carrie Connelly for her outstanding and beautiful work on the Eastern Shore Association of Municipalities quilt square.

APPROVAL OF JULY 22, 2002 MINUTES

On a motion by Mrs. Polk and seconded by Mr. Webster, respectively, the minutes of July 22, 2002 were unanimously approved.

PUBLIC HEARING - RESOLUTION NO. 861 - PEMBERTON DRIVE-RAYNER DEVELOPMENT ANNEXATION

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 861. Public Works Director John Jacobs introduced Resolution No. 861 proposing to annex 73.7 acres of property bounded on the south by Pemberton Drive. Upon annexation into the City, zoning would be R-8A Residential with maximum density of development not to exceed that permitted in an R-10A Residential District. Development plans include the construction of 260 units comprising a mixture of single-family, semi-detached and townhouses. This is the maximum number of units the current capacity of the sewer system serving this site will allow.

Mr. Webster voiced his opposition to the annexation. In his opinion, there was no consideration of the traffic problems or the increased density that this site would cause when developed. Mr. Webster viewed this as uncontrolled growth. He also questioned whether 25% of the registered voters in the area had actually petitioned for annexation.

Mrs. Polk pointed out that the property would be zoned R-8A upon annexation, but with overall site development at the density permitted under R-10A (R-8A - minimum sq. ft. for 392 units; R-10A - 10,000 minimum sq. ft. for 313 units). Mrs. Polk believed the City Council should be careful of the mixed uses when approving annexations. She inquired if the 260 unit restriction could be imposed under R-8A zoning.

Mrs. Smith explained that when the Planning & Zoning Department reviews an annexation request for a zoning recommendation with the Planning Commission, they look at the County Comprehensive Plan for what land use is allowed. Although this site is in the Metro Core Area, the area is recommended for low density residential development. The lowest density residential classification in the City's Zoning Code which could be applied to this property is R-10A. The developers believe they have a market for a slightly smaller lot and, therefore, would like to use an 8,000 sq. ft. lot rather than 10,000 sq. ft., but limit the maximum number of units that could be built on the property. The developers were willing to adhere to 260 units which would result in more open space within the development. The Planning Commission recommended that the developers be required to submit a Comprehensive Development Plan which would require a public review process so the Commission can review the layout, street locations, screening/buffering requirements, etc. Mrs. Smith clarified that the 25% of registered voters pertains to the owners of this particular parcel of land to be annexed. In response to Mrs. Polk's inquiry, Mrs. Smith believed the 260 unit restriction could be imposed under R-8A zoning.

Mr. Day asked what the density would be if the property was not annexed into the City. Mrs. Smith related that the property is zoned R-15 in the County. The minimum lot size would be 20,000 sq. ft. for a total of approximately 156 units being built with septic systems.

Regardless of the number of units built, Mr. Scott's concern was the current traffic problem. Ms. Siggers stressed that the property could be developed with or without the annexation.

City Solicitor Paul Wilber verified that the annexation petition represented 100% of the landowners.

Mr. Bill Martin, one of the developers in the project, reported that they wanted to have some larger single-family lots (wooded area), but there were problems with setbacks for R-10A zoning which would minimize what they could do. The front section would be a higher density. It was their belief that the R-8A restrictions and the R-10A maximum density would work well and it was his understanding that this had been done before. Mr. Martin related that they do not intend to develop the property to the maximum density allowed. In his opinion, this project followed the Governor's Smart Growth criteria.

Several residents from the surrounding area and developments voiced their concerns. Highlights included:

• existing traffic problems on Pemberton Drive, Parsons Road, Nanticoke Road and Crooked Oak Lane which would increase with development of this property;
• increased demand on Pemberton Elementary School;
• increased demand on water and sewer;
• opposed construction of townhouses;
• concerns with price range of homes ($125,000 to $200,000+);
• increased traffic in Cross Creek development if a street from this project is connected to Cross Creek;
• concern with emergency vehicles being able to get to the west side of town with increased traffic demand;
• need more infrastructure before more development in the area;
• concern with continuing odor from wastewater plant;
• Harbor Pointe and Steeplechase still being developed which increases traffic, and Millers Edge yet to be developed;
• concern with only one access to the proposed project;
• asked Council to reject or table it for further consideration;
• if trying to unify the city boundaries, questioned why other areas along Pemberton Drive were not annexed (i.e., Turtle Creek, Pemberton Ponds);
• should be four land road to accommodate traffic;
• road by McDonald's full of pot holes;
• lack of proper planning;
• should postpone expansion in this area until the State puts a bridge across the Wicomico River; and
• questioned if the annexation resolution could contain conditions which would require that the final Comprehensive Development Plan come back before the City Council.

Mr. Tom Ruark, developer, acknowledged that they would be required to construct a turn lane into the project and reserve some extra space for future widening in the event the City and County deem it appropriate to extend the road. As for the housing concerns expressed, they would be willing to concede to no two-story townhouses. However, they would like to construct one-story units marketed to seniors.

Mayor Tilghman reported that, according to Maryland annexation law, the City cannot annex anyone who does not wish to be annexed. The effort to smooth out the boundaries is to take in some of the existing areas that may have in the past been left behind in larger annexations and to work on the enclaves that exist within the City limits that were not annexed for various reasons. Smoothing out the lines would make the delivery of services more effective and efficient, as well as increasing the City's tax base.

Ms. Siggers mentioned that it has been Council's intention to not detrimentally impact upon existing neighborhoods and they have made every attempt to keep the neighborhoods stable. She had expressed some of the same concerns with a recent proposed senior citizen development (i.e., odor from the wastewater plant and the traffic problems).

After further discussion on whether to table or postpone the annexation request, Mrs. Polk moved to postpone Resolution No. 861 in order to discuss it further at a work session. Mr. Scott seconded the motion. Mrs. Polk, Ms. Siggers and Mr. Scott voted aye. Messrs Day and Webster voted nay. Resolution No. 861 was postponed on a 3-2 vote.

The Council took a break at 8:30 p.m. and reconvened the meeting at 8:40 p.m.

PUBLIC HEARING - ORDINANCE NO. 1852 - 1^ST READING - AUTHORIZING REV. JAMES EURE, JR. TO OPERATE A DAY CARE CENTER AT 326 DELAWARE AVENUE IN R-5 RESIDENTIAL DISTRICT

Mr. Scott moved and Mr. Day seconded to approve Ordinance No. 1852 for first reading. Mrs. Gloria Smith from the Planning & Zoning Department introduced Ordinance No. 1852 authorizing Rev. James Eure to operate a day care center (20-22 children) at 326 Delaware Avenue in a R-5 Residential District.

The Planning Commission forwarded a favorable recommendation to the Council subject to a Comprehensive Development Plan being submitted to the Commission for review. The Commission also asked the applicant to look at the Catherine Street frontage of the property for a possible drop-off point and to include a landscaping/screening area along the play and parking areas on the site plan.

Ms. Siggers inquired if the Planning Commission would have time to review these issues before second reading of the ordinance. Mrs. Smith noted that it would be September or October before it came back before the Planning Commission. She suggested that the Council could approve the Ordinance with the condition that Rev. Eure submit a Comprehensive Development Plan. If Rev. Eure was not able to satisfy the Commission's requirements, then the Ordinance Permit would become moot.

Mr. Webster voiced his concern with the number of children in such a restricted play area. In his opinion, it would be virtually impossible to convert the facility to an acceptable code requirement. Mr. Scott was also concerned with the number of children and the loading space area. Mrs. Smith reported that, according to Child Care Administration, the children can be taken out to the play area in smaller groups when there is a small play area.

Mrs. Polk disclosed that she would recuse herself from discussion and the vote because of her relationship with the applicant.

Mr. Day noted that there were already a lot of children in the Delaware Avenue area without adult supervision, but this particular day care center would be supervised.

Rev. Eure explained that a vacant lot across the street is utilized for parking in addition to three lots on Catherine Streets that can also be used for parking. No children, however, would be dropped off on these lots. As for the play area, all the children would not be out at the same time. Rev. Eure noted that they were trying to accommodate the needs of their membership and the community.

After further discussion, Ms. Siggers and Mr. Day voted aye. Mr. Scott and Mr. Webster voted nay and Mrs. Polk abstained. Ordinance No. 1852 failed to pass.

PUBLIC HEARING - ORDINANCE NO. 1853 - 1^ST READING - AUTHORIZING PATSY AND DONALD HASTINGS TO OPERATE A DAY CARE CENTER AT 306 TILGHMAN ROAD IN LIGHT BUSINESS AND INSTITUTIONAL DISTRICT

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1853 for first reading. Ordinance No. 1853, as presented by Mrs. Gloria Smith, authorizes Patsy and Donald Hastings to operate a day care center at 306 Tilghman Road in a Light Business and Institutional District. The Planning Commission forwarded a favorable recommendation to the City Council for approval of the requested Ordinance Permit.

After receiving clarification that there were three bathrooms in this facility, Ordinance No. 1853 for first reading passed unanimously.

PUBLIC HEARING - ORDINANCE NO. 1854 - 1^ST READING - TEXT AMENDMENT, SECTION 17.72 INDUSTRIAL DISTRICT, TO PERMIT OFFICES AND OFFICE BUILDINGS IN THE INDUSTRIAL DISTRICT

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1854 for first reading. Mrs. Gloria Smith addressed the request of Michael Abercrombie, Jr./Cato, Inc. to amend the text of Section 17.72, Industrial District, of the Salisbury Municipal Code to permit offices and office buildings in the Industrial District. Cato, Inc. plans to utilize the office and warehouse building on Parsons and Marine Roads as part of their operations. The Planning Commission forwarded a favorable recommendation for approval of the text amendment.

Ordinance No. 1854 for first reading passed unanimously.

ORDINANCE NO. 1855 - 1^ST READING - FY03 BUDGET AMENDMENT TO PROVIDE FUNDS FOR PAYMENT OF RED LIGHT CAMERA EXPENSES

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1855 for first reading. Finance Director John Cawley introduced Ordinance No. 1855 amending the FY03 General Fund budget to provide funding of $261,000 for payment of red light camera expenses.

Ordinance No. 1855 for first reading was unanimously approved.

ORDINANCE NO. 1856 - 1^ST READING - FY03 BUDGET AMENDMENT ALLOCATING $50,000 FOR CITY PARK BANDSTAND

Mr. Scott moved and Mrs. Polk seconded to approve Ordinance No. 1856 for first reading. Executive Officer John Pick presented Ordinance No. 1856 amending the FY03 General Fund budget to appropriate $50,000 for the renovation of the City Park Bandstand. This allocation had been inadvertently omitted from the budget.

Mr. Webster reported that a local contractor and a major supplier had been convinced to renovate the bandstand for no cost to the City. He questioned if these funds could be diverted to the restoration of the bridge if the bandstand project was completed by the local contractor. Mr. Pick acknowledged that the Council could reappropriate the funds for the bridge.

Ordinance No. 1856 for first reading passed unanimously.

RESOLUTION NO. 873 - AUTHORIZING INVESTMENT OF HEALTH CARE CONSORTIUM FUNDS IN THE LOCAL GOVERNMENT INVESTMENT POOL

Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 873. Human Resources Director Ed Cox briefed Council on Resolution No. 873 authorizing the investment of Health Care Consortium funds in the Local Government Investment Pool.

Resolution No. 873 was unanimously approved.

ORDINANCE NO. 1857 - 1^ST READING - FY03 BUDGET AMENDMENT ALLOCATING FUNDS TO RATE STABILIZATION RESERVE

Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1857 for first reading. Ordinance No. 1857, as explained by Human Resources Director Ed Cox, amends the FY03 General Fund budget to provide for the City's share of the Rate Stabilization Reserve ($21,280).

Ordinance No. 1857 for first reading was unanimously approved.

RESOLUTION NO. 874 - RESOLUTION OF SUPPORT FOR THE SECOND YEAR COMMUNITY LEGACY APPLICATION

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 874. Ms. Deborah Stam addressed Resolution No. 874 approving the application for and receipt of financing for Community Legacy projects to be financed either directly by the Maryland Department of Housing and Community Development or through other departments or agencies of the State of Maryland. The year two funding application includes streetscape and/or landscaping improvements in all four neighborhoods plus the downtown area, as well as an elevator for the Chipman Cultural Center.

Mr. Day disclosed he was affiliated with the Chipman Cultural Center, although he did not benefit monetarily. Mr. Wilber suggested that he recuse himself from the vote, but could participate in the discussion. Mr. Day explained that the elevator was necessary to make it ADA accessible. It was also tied in with the Boundless Playground and the purchase of the parsonage next to the Chipman Center (to be used for the location of the African-American Interpretative Center).

Resolution No. 874 passed on a 4-0 vote. Mr. Day abstained.

RESOLUTION NO. 875 - MEMORANDUM OF AGREEMENT BETWEEN WICOMICO COUNTY EMERGENCY SERVICES AND THE CITY OF SALISBURY POLICE AND FIRE DEPARTMENTS

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 875. Police Chief Allan Webster and Fire Chief Stephen Brezler presented Resolution No. 875 authorizing them to sign a Memorandum of Agreement between Wicomico County Emergency Services and the City of Salisbury Police and Fire Departments to accept domestic preparedness equipment through grant funding as a gift.

Resolution No. 875 was unanimously approved.

MAYOR'S COMMENTS

The following are highlights of Mayor Tilghman's comments:

• Executive Officer meeting with Housing Process Action Team on Thursday at 3:00 p.m. in Room 305;
• Mayor in Annapolis last week representing the Maryland municipalities on the Governor's new commission on fiscal structure; and
• attended Board of Public Works meeting in Annapolis last Wednesday in which the City received funding for the Lake Street Playground rehabilitation project.

The Executive Officer explained the audit bid process.

COUNCIL COMMENTS

Mr. Webster attended the ribbon cutting of Eastern Shore Trailer Rentals on Burton Street. Mr. Scott mentioned there was another new employer in town employing 175 people. Mr. Day noted that the Park and Flea was generating a lot of business downtown on the weekend. Mr. Day thanked Councilman Webster for volunteering his time for the Park and Flea. Mrs. Polk passed on her husband's suggestion of Salisbury University looking at the Dresser Wayne facility as a possible dormitory.

COUNCIL PRESIDENT WRAP-UP

Ms. Siggers announced that the Maryland Municipal League (MML) Legislative Committee meetings have begun and they are identifying which municipality requests the MML will take on as their project(s). Ms. Siggers commented on the welcome addition of the new business on the West side as well as the Park and Flea downtown.

With no further business, the meeting adjourned at 10:00 p.m.
 

TIME & PLACE:            10:42 a.m., Room 305 - City/County Government Building
PURPOSE:                     Consult with legal counsel on personnel matter
VOTE TO CLOSE:         3 - aye; 1 - abstain
CITATION:                    Annotated Code of Maryland Sections 10-508(a)(1)(7)
PRESENT:                      Council President Lavonzella Siggers, Councilman Michael Day,
                                       Councilwoman Rachel Polk, Councilman C. T. Webster,
                                       City Clerk Brenda Colegrove, Steve Bers
ABSENT:                       Council Vice President Joseph Scott
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At 10:42 a.m. in Room 305 of the City/County Government Building, Mr. Webster moved to convene in a Closed Executive Session to consult with legal counsel on a personnel matter as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mrs. Polk seconded the motion. All voted in favor with the exception of Mr. Day who abstained.

Mr. Bers reviewed the events transpiring since the last meeting with Council. After further discussion with legal counsel, the closed session adjourned upon a motion and a second by Mr. Webster and Mrs. Polk, respectively, at 12:10 p.m.
 

TIME & PLACE:            10:40 a.m., Room 305 - City/County Government Building
PURPOSE:                     Consult with legal counsel on personnel matter
VOTE TO CLOSE:        Unanimous
CITATION:                    Annotated Code of Maryland Sections 10-508(a)(1)(7)
PRESENT:                      Mayor Barrie P. Tilghman (until 10:55 a.m.),
                                       Council President Lavonzella Siggers, Council Vice President Joseph Scott,
                                       Councilman Michael Day (until noon), Councilwoman Rachel Polk
                                       (until 11:37 a.m.), Councilman C. T. Webster, City Clerk Brenda Colegrove,
                                       Steve Bers
******************************************************************************
At 10:40 a.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session for the purpose of consulting with legal counsel on a personnel matter as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mr. Webster seconded and the vote was unanimous.

After discussion with Mayor Tilghman and further update from legal counsel, the closed session adjourned at 12:22 p.m. upon a motion and a second by Mr. Scott and Mr. Webster, respectively.
 
 

____________________
City Clerk
 

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Council President

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