SPECIAL MEETING March 21, 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
Asst. City Clerk Mary Church, Executive Officer John Pick, City Solicitor
Paul Wilber, Public Works Director John Jacobs, and interested Citizens
and Members of the Press.
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NORTHEAST COLLECTOR PROJECT
The Mayor and Council met in special session at 3:00 p.m. in Room 305 of the City/County Government Building. Council President Stacey called the meeting to order.
Mr. Stacey provided an update on the various meetings of the Northeast Collector project. He also stated this was a meeting to review the facts and figures surrounding the project and share historical information.
In response to Ms. Siggers question, Mr. Stacey stated that the meeting was a special meeting (not a work session) with the public being invited to comment. A written request for the Special Meeting was signed by a majority of the Council.
Mr. Stacey reiterated that the previous meetings were held in closed session per the Mayor and Mr. Wilber’s suggestion as they involved the negotiations that were ongoing with the property owners. During the meetings, he did notice that the City had been working on Phase II for five years and then suddenly the emphasis was switched to Phase III.
Mr. Scott Aja (McCrone, Inc.) explained, by using a wall chart, the different phases for the Northeast Collector project, including the County portions that had been completed or what work had been done toward the completion. Phase I, that has been completed by Wicomico County, goes from Old Ocean City Road up to Middle Neck Drive to just beyond where there are culverts that have gone across Peggy Branch. Phase II, from Old Ocean City Road to Route 50, has the County completing the portion that goes from Route 50 just past Emanuel Wesleyan Church. The City has the portion of Phase II that goes from Old Ocean City Road towards the church and connects with the County portion. The County is ready to start working on their area. He also noted that there would be connections onto connector roads. Phase III starts where Phase I ended and crosses the Aydlotte Farm, up to the intersection of Gordy and Kelly Roads, including the Middle Neck Pond area.
Mr. Stacey asked how much time before the construction would be ready to do Phase II. Mr. Aja said it would be generally the same length of time as Phase III. Totally different issues in both cases but about the same time, approximately 12 months.
Ms. Polk asked if Phase III would connect to the Gordy and Kelly intersection and then connect to the road by the Centre of Salisbury. Mr. Aja stated that there was an alignment study done to go around the mall to connect to Naylor Mill Road, but a design study was never done. It was used to show where, if used, a four lane road could go around the mall to end up back on Route 13. Everything right now stops at Zion Road.
Mr. Webster wanted to know what the delays would be for the wetlands area. Mr. Aja explained that it would not take too much time, but it typically would take about four months plus to get approval.
Mr. Robert Taylor asked what happens if no permit was issued. It was explained by Mr. Aja that it would be highly irregular because they usually do permits for roads and utilities.
Mr. Palmer Gillis asked if Phase III was from Middle Neck Drive to Kelly Road by the City’s definition. Mr. Aja stated that was correct.
Mr. Robertson stated that he attended a meeting where Mr. Aja and Mr. Chip Messick reported that Engineering on Phase II was 98 percent complete and road construction could start in a couple of months. Mr. Aja explained that engineering should not be confused with giving the contractor notice to proceed. There is still permitting and procurement processes before the actual work can be performed. There might have been confusion by the process of putting in water and sewer.
Mayor Tilghman stated the engineering for Phase III was funded out of the General Fund to date.
Mr. Gillis asked how much would still be needed for the Phase III engineering and road work. Mr. Aja stated that $75,000 would take care of the engineering portion for water and sewer design. The road work still needed to be completed with exception of a few deceleration/acceleration lanes.
Mr. Donnie Williams asked what the relationship was for building the Phase II portion where Shamrock Drive would be impacted. Mayor Tilghman stated that the County is ready to go forward with their portion of Phase II.
Mr. Taylor questioned why the permitting for the Northeast Collector was taking so long.
Mr. Frank Himelright stated that money has been appropriated for Phase II, but Phase III has been worked on by using General Funds. Mr. Gillis interjected that the engineering design work only was allocated out of General Funds for Peggy Neck Road. Mr. Messick stated that approximately $75,000 was still needed for the water and sewer portion of Phase III. Mr. Pick stated that the Peggy Neck crossing contract had been awarded and signed by the Council in 1997.
Mrs. Polk and Ms. Siggers were concerned that they had not had time to read all the materials handed out just prior to the meeting. They needed more time to read and understand the information before making any decisions.
Mr. Taylor wanted to know why the road had not been finished, not just designed and culverts put in, but completed and people able to drive on it.
Mr. Henry Hanna handed out a time line paper (made a part of these official minutes).
The project actually started in 1985 when the property was all in the County, not the City. The City had nothing to do with the original start of planning for the Northeast Comprehensive Plan. It was in 1993 that the Northeast Collector Road was incorporated into the plan. He felt that after 17 years he should have the full approval from the City to complete the Northeast Collector in its entirety or for the City to go back to the property owners and ask them for a final written proposal on what they could do to get it completed.
Mr. Webster asked Mr. Hanna if he planned legal action against the city. Mr. Hanna stated that he only wanted to share what has been happening over 17 years. The annexation stated Mr. Hanna would do certain things and the City would do certain things to get the Northeast Collector Road finished.
Mr. Palmer enlightened everyone on what had happened while he was on the Council and that the road was supposed to be completed within five years. The lower portion, Phase II, would be completed prior to Phase III. He stated that the City needs to get its act together to decide to complete the road and then the City would hopefully gain revenues from housing. The money is there to finish Phase II. He questioned why divert the money to Phase III, before finishing Phase II.
Mayor Tilghman mentioned that she had been at a couple of the meetings starting in 1985. In 1988 is when the Northeast Metro Core Plan began to be the Northeast Collector Road. There were several annexations to take in the parcels that would be along the collector road. There were many discussions on the construction of the road. She agreed that there was some lost time, due in large part when the City lost Wil Elliott.
Ms. LesCallette, expressed that the Northeast Metro Core Plan in 1988, from Old Ocean City Road to Gordy Road, was supposed to be completed in three to five years (by 1993). There was a commitment from the City Public Works in 1992 to provide an alternative water and sewer plan that would connect to the system in Middle Neck Drive with a pump station of a 4" force main to be installed in Phase I of Aydelotte Farm PRD to tie into Middle Neck Drive.
Mr. Scott stated that both phases should be done in conjunction. Both needed to be finished and to take the stress away from the Emanual Wesleyan Church that right now has congested traffic when services are being conducted.
Mr. Gillis stated that at the time, per Mr. Baskerville (prior Finance Director), the City could only borrow a certain amount of money based on the Debt Service. The City was supposed to build the road in conjunction with the County. The budget ordinance and the bond ordinance allowed Phase II road construction and Phase I and Phase II water and sewer construction to be funded. The road construction comes from the General Fund but the water and sewer construction comes from the Water and Sewer Fund. Mayor Martin, at that time, had agreed that the City and County should build the road in conjunction to allow access to the church. The church is the only one that has conformed with building. The intent was to access Route 50 and Old Ocean City Road.
Mayor Tilghman stated that in 1999, it was decided we could only do one phase, and that still is the case unless we raise taxes or defer major capital projects. The portion that the County is going to build off of Route 50 should take most of the traffic congestion away from the church. The stumbling block came when the City was unable to strike a deal with the Robertson family that would be in the best interest of the Salisbury taxpayers.
Mr. Paul Wilber passed out a handout, which is made part of these minutes. He used the handout/chart to explain the differences on his negotiations. Prior to the January 23, 2002 meeting, he was unaware of the annexation agreements. Subsequent to the February 7 meeting, he asked Public Works for all of the annexation files for Hanna and Robertson. He reiterated that the Northeast Collector would need about $3,000,000 to be bonded out, if the Council and Mayor agree for both phases to be constructed.
Mr. Stacey stated that when you look at the ordinance that obligated the money, it states the Northeast Collector Road. However, when it reads about obligating the money for the water and sewer, it specifically states Phases I and II. The issue is: Has the City been spending unauthorized money to construct Phase III? There has been construction at the Peggy Neck Branch (bridge). Based upon the previous ordinance, resolution and budget minutes, it states Phases I and II. The design work is finished but the construction of the bridge is in question and who authorized the construction.
Mr. Wilber received another offer from Mr. Robertson and Mr. Hanna had stated he would like the opportunity to submit another offer. Mr. Wilber stated he would have to research the question on the construction of Phase III at the Peggy Neck Branch.
Mayor Tilghman stated that there was an understanding with the County. She expressed that she had conversations with Wil Elliott on the subject and that we would do the culvert across the Peggy Neck Branch and the stormwater so that Phase I could proceed ahead. She also related that Stuart Diana at Piper Marbury (Bond Council) stated that the money could be spent on the Northeast Collector Road, so long as it is spent on the collector road only.
Mr. Webster questioned why they had the closed sessions to discuss which portion to proceed on, Phase II or Phase III, when the Mayor knew that Peggy Neck Branch on Phase III had been completed.
Mayor Tilghman stated that Northeast Collector Road monies were used for the Peggy Neck Branch bridge.
Mr. Gillis stated that the engineering portion of Phase III was approved. The funding for the bond issue was outlined in Ordinance 1687 which states the funding of the lower portion (Phase II) of the Northeast Collector Road. Mayor and Council may reallocate the money, but it takes both to approve it. He emphasized that you cannot change where the money goes unless you have a budget amendment which is approved by the City Council.
Mr. Robertson asked that the road be completed, whether Phase II or Phase III is completed first. He wants it done within the least amount of time, even if bonds need to be issued. All parties are willing to work with the Mayor and Council to get the work completed in a short amount of time.
Mrs. Polk expressed that she was not ready to cast a vote until the issue is brought before the taxpayers and that the City would have to go out on the bond market.
Ms. Siggers stated she was not prepared to make a decision on the Northeast Collector because she had not been afforded the opportunity to read over the items presented to her prior to the meeting, nor did she want to make a decision without the general public being present to voice their concerns.
Mr. Webster opined that the general public was not interested in the Northeast Collector Road, but they are very concerned with the water and sewer development within the City.
Mr. Scott expressed that the need is for the water and sewer within the area of the Northeast Collector.
Mr. Hanna voiced that he wants the Council and City to stay focused on the Northeast Collector, particularly after seventeen years. He stated that the monies generated from the revenues on the properties would be more than the road would cost.
On a motion by Mr. Webster and a second by Mr. Scott, it was decided by majority vote that Phase II and Phase III should proceed simultaneously with emphasis on Phase II for completion first. Mr. Stacey, Mr. Scott and Mr. Webster voted aye. Ms. Siggers stated she was not going to vote. (Mrs. Polk abstained) Mr. Stacey asked that the Mayor get back with them on what finances would be needed to finish the road.
With no further business, the meeting adjourned at 5:40 p.m.
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Assistant City Clerk
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Council President