#11 MEETING MAY 28, 2002
PRESENT
Mayor Barrie P. Tilghman
Council President Lavonzella Siggers
Council Vice President
Joseph L. Scott
Councilman Michael Day
Councilwoman Rachel
Polk
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City
Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement
& Parking Carol Turner, C.P.M., CPPB, 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 Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Scott moved and Mr. Webster seconded to approve the agenda as presented. Mayor Tilghman requested to remove the Certificates of Appreciation from the agenda (place on the June 10, 2002 agenda). Upon a motion and a second by Mr. Webster and Mr. Scott, respectively, the Certificates of Appreciation were unanimously deleted from the agenda. The agenda, as amended, was unanimously approved.
PUBLIC COMMENTS
Mr. Travis Terrell encouraged Council to find a way to not increase taxes and to pursue consolidating the overlap of City and County services. Mr. Richard Pusey, Mr. Keith Banks, Mr. Michael West, Ms. Carmen Lombardo and Mr. Carl Redifer related their opposition to the rental housing development planned for West Zion Road (i.e., traffic impact). Ms. Shanie Shields voiced that she was in favor of more affordable housing in Salisbury.
APPROVAL OF MAY 20, 2002 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the minutes of May 20, 2002 were unanimously approved.
PUBLIC HEARING - CONSTANT YIELD TAX RATE
Finance Director John Cawley addressed the Constant Yield Tax Rate. For the tax year beginning July 1, 2002, the estimated real property assessable base will increase by 1% from $1,124,182,756 to $1,135,001,930. By maintaining the current tax rate of $0.652 per $100 of assessment, real property tax revenues will increase by 1% resulting in $70,541 of new real property tax revenues. To offset the effect of increasing assessments, the real property tax rate should be reduced to $0.646 (constant yield tax rate). Mr. Cawley noted that the City was not considering reducing the rate, but would maintain the current real property tax rate of $0.652 per $100 of assessment generating a windfall of $70,541 in revenue.
After a brief discussion, Executive Officer John Pick requested that the City Council state for the record that the Council intends to establish the tax rate when the budget is scheduled to be adopted on June 10, 2002. Mr. Scott moved that the City Council intends to establish the tax rate when the budget is adopted on June 10, 2002. Mr. Webster seconded and the vote was unanimous.
ORDINANCE NO. 1839 - 2ND READING - AMENDING CHAPTER 17.76, LIGHT INDUSTRIAL DISTRICT, OF THE SALISBURY MUNICIPAL CODE, TO PERMIT PETROLEUM AND PROPANE STORAGE BY ORDINANCE PERMIT, AND CHAPTER 17.220, SPECIAL DEVELOPMENT STANDARDS
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1839 for second reading. Mr. Matt Davis, from the Planning and Zoning Department, reported that the proposed ordinance to allow petroleum and propane storage in the Light Industrial District had been discussed at several work sessions and the May 13, 2002 Council meeting.
A discussion ensued on the concerns expressed for having petroleum and propane storage near the Paleo Channel. City Solicitor Paul Wilber clarified that this text amendment would allow petroleum and propane storage in the Light Industrial District, but a specific user would have to come before the City Council for an ordinance permit. This would be handled on a case-by-case basis.
Ordinance No. 1839 for second reading passed on a 4-1 vote with Ms. Siggers casting the nay vote.
RESOLUTION NO. 845 - RESOLUTION OF SUPPORT FOR A TAX DEFERRAL FOR HOMES AT FOXFIELD
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 845. Executive Officer John Pick introduced Resolution No. 845 providing for a resolution of support for a tax deferral to develop rental housing for citizens with moderate and low incomes on West Zion Road in Salisbury. Homes of America and First Centrum, LLC propose to acquire, construct and operate a rental housing development containing approximately 112 units. In order to make
the units affordable, the developers plan to seek State funding, thereby needing a resolution of support from the City for a tax deferral.
Ms. Trudy McFall and Mr. Mike Milhaup addressed the neighborhood concerns which had come to their attention (i.e., fencing, landscaping, preserving acreage for open space).
Mr. Webster and Mr. Scott voiced their opposition due to the location and the traffic impact. Mrs. Polk and Mr. Day found no reason to refuse the tax deferral request. Ms. Siggers was concerned with the disruption of the residents in that area and the traffic impact with the development of this property. She could not deny the tax deferral, but encouraged the residents to attend each level of the process to voice their concerns.
After further discussion, Resolution No. 845 passed on a 3-2 vote (Messrs. Scott and Webster voting nay).
AWARD OF BIDS
Mrs. Polk moved and Mr. Scott seconded to approve the Award of Bids (individually). Director of Procurement and Parking Carol Turner presented the following items for approval:
1.
Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
1986 GMC Dump Truck and 1994 Ford
Crown Victoria
2.
Contract No. 104-02A . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . $218,723.00
Electrical System Replacement
at Park Water Plant (601-3701-532.70-20)
Carter’s Electrical Service,
Inc.
3.
Contract No. 103-01, Change Order No. 6 . . . . . . . . . . . . . . . .
. . . . . . . . . . . . $12,853.00
Reconsideration (302-3220-539.69-10)
Southern Builders, Inc.
After discussion, items #1, #2 and #3 were unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman congratulated Lavonzella Siggers on her reelection to City Council and election as Council President, and welcomed Michael Day to the City Council.
COUNCIL COMMENTS
Mr. Webster opined that the Council did not back up the neighborhoods
with the approval of Resolution No. 845. He thanked the Council President
in being so liberal during the Public Comments section of the agenda. Mrs.
Polk welcomed Mr. Day to the Council and asked for Administration's assistance
in getting a county property cleaned up from the overgrowth (corner of
Glen Avenue and Carey Drive). Messrs. Day and Scott thanked the public
for attending.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commented on the following:
With no further business, the meeting adjourned at 9:05 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 5, 2002
TIME & PLACE:
7:15 p.m., Room 305 - City/County Government Building
PURPOSE:
Consult with legal counsel on acquisition of property negotiations and
potential litigation
VOTE TO CLOSE:
3 - aye; 2 - nay
CITATION:
Annotated Code of Maryland 10-508(a)(3)(7)(8)
PRESENT:
Council President Lavonzella Siggers, Council Vice President Joseph Scott,
Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster,
City Clerk Brenda Colegrove, City Solicitor Paul Wilber,
Executive Officer John Pick, Public Works Director John Jacobs,
Deputy Public Works Director Chip Messick
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At 7:15 p.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 the City Solicitor on the negotiations and potential litigation regarding
the Northeast Collector right-of-way as permitted under the Annotated Code
of Maryland Sections 10-508(a)(3)(7)(8). Mr. Webster seconded. Mrs. Polk,
Ms. Siggers and Mr. Day voted aye. Messrs. Scott and Webster voted nay.
City Solicitor Paul Wilber advised Council of the legal issues involving the Northeast Collector right-of-way negotiations. After discussion and Council arriving at a consensus, Mr. Wilber was given direction on how to proceed.
Upon a motion and a second by Mrs. Polk and Mr. Webster, respectively,
the Council unanimously voted to adjourn the closed session at 7:28 p.m.
and reconvene in open session.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 5, 2002
TIME & PLACE:
8:05 p.m., Room 305 - City/County Government Building
PURPOSE:
Obtain legal advice from counsel on TMDL issue
VOTE TO CLOSE:
4 - aye; 1 - abstain
CITATION:
Annotated Code of Maryland 10-508(a)(7)
PRESENT:
Council President Lavonzella Siggers, Council Vice President Joseph Scott,
Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster,
City Clerk Brenda Colegrove, City Solicitor Paul Wilber,
Executive Officer John Pick, Public Works Director John Jacobs,
Deputy Public Works Director Chip Messick, Paul Calamita,
Dave Winslow, Greg Stevens
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At 8:05 p.m. in Room 305 of the City/County Government Building, Mrs.
Polk moved to convene in Closed Executive Session for the purpose of seeking
legal advice from counsel concerning the TMDL issue as permitted under
the Annotated Code of Maryland Section 10-508(a)(7). Mr. Webster seconded.
All voted in favor with the exception of Mr. Scott's abstention.
Attorney Paul Calamita recommended a course of action on the TMDL issue. The Council, as a consensus, agreed to take Mr. Calamita's advice.
On a motion by Mrs. Polk and seconded by Mr. Webster, the Council unanimously
voted to adjourn the closed session at 8:10 p.m. and reconvene in open
session.
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City Clerk
____________________
Council President