CITY OF SALISBURY, MARYLAND
#14 MEETING JULY 28, 2003
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott * Councilman Michael Day
Councilwoman Rachel Polk
* arrived 7:05 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Solicitor Paul Wilber, Police Chief Allan Webster, and interested Citizens and Members of the Press.
ABSENT
Councilman C. T. Webster
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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.
On a motion by Mrs. Polk and seconded by Mr. Day, the agenda as presented was unanimously approved.
APPROVAL OF JULY 14, 2003 MINUTES
Mr. Day moved and Mrs. Polk seconded to approve the July 14, 2003 minutes. At the request of Council President Siggers, Mrs. Polk moved to amend page 2, Resolution No. 988, by adding the following: Ms. Siggers explained that, in addition to no smoking or no drinking in City vehicles, no talking on cell phones while driving would be allowed. Mr. Day seconded and the amendment passed unanimously.
Council President Siggers also requested that page 3, Resolution No. 990, reflect her comments that this item was declared an emergency because the information wasn’t forwarded to her attention in time to be placed on the regular agenda. No motion was received.
The July 14, 2003 minutes, as amended, passed unanimously.
AWARD OF BIDS
The following item was presented for approval by Mrs. Jennifer Price:
Declaration of Surplus (handgun) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
The above item was unanimously approved upon a motion and a second by Mrs. Polk and Mr. Day, respectively.
RESOLUTION NO. 991 - APPROVING ULMAN THEATRE PROPERTY PROPOSAL, PARKING LOT #15
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 991. Mrs. Jennifer Price presented Resolution No. 991 approving Mr. Randolph J. Taylor’s proposal to purchase 6,700 sq. ft. of a 28,600 sq. ft. City-owned parcel for $25,000.
Ms. Siggers noted that the $25,000 offer was not fair market value, but was an effort to stimulate development in the downtown business area. However, she had a concern that each time property was declared surplus, the market value was not taken into consideration.
Mrs. Polk referred to Finance Director John Cawley’s June 5, 2003 memo which depicted a market value of $70,000 for the property. It was not clear in his memo if that value was for the entire property or just the 6,700 sq. ft. Mr. Cawley’s memo also stated that there was an independent real estate appraisal of $105,000. Mrs. Polk referenced another appraisal from the Krum Appraisal Group which differed from Mr. Cawley’s memo ($15 per sq. ft.). Mrs. Polk pointed out that $15 per sq. ft. for a 6,700 sq. ft. parcel would be $100,500 and even using $7.50 per sq. ft. would still be far below the value of the property.
Mayor Tilghman opined that accepting less than market value was a fairly standard practice in situations where the City was trying to stimulate business development.
Mr. Day indicated that he was 100% in favor of the project at the price offered even though he believed the private appraisal was too high. Mr. Scott also noted that he was in favor of the proposal.
Highlights of the public comments included:
• questioned advertising and marketing efforts of the property;
• proposal was obtuse;
• no public knowledge that property was being sold - agenda did not give sufficient information;
• $25,000 offer less than market value;
• not aware of City selling property for less than 25% of its value;
• suggested changing Item A - Delete the first phrase of the first sentence and insert the following: “Although the City of Salisbury has obtained a professional appraisal that states $105,000 is the property’s fair market value” and then continue with the rest of the language as stated;
• Item C1 - appears that part of the deal includes a special parking right in the parking spaces of Parking Lot #15;
• urged Council to defer Resolution No. 991 for public input or consider changing Items A and C1; and
• giving the City away.
Mrs. Price provided a chronology of the property from April 1986, when it was first declared surplus, through June 2003 when Mr. Taylor presented his schematic plan and new fee proposal (originally was $20,000 offer) for the property.
Mr. Randy Taylor, who submitted the proposal, acknowledged that the assessment was for the entire parcel, but he was only purchasing 25% of the property. In his opinion, the assessed value of that portion was approximately $12,500.
Mr. Day believed the property taxes would benefit the City, as well as the improvements to the property. Ms. Siggers recalled that the Franklin Hotel was also sold at less than market value and the Brew River property was given a break. Even though she wanted to see the area revitalized and the Taylor’s expand their business, she could not support giving the public’s property away just for the sake of revitalization. Ms. Siggers did not feel the City exercised its best effort in its stewardship responsibility over the public’s funds.
Resolution No. 991 failed to pass on a 2-2 vote with Messrs. Day and Scott voting aye and Mrs. Polk and Ms. Siggers voting nay.
RESOLUTION NO. 992 - APPROVING AMENDMENT TO ZOO COMMISSION BY-LAWS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 992. Zoo Director Jim Rapp introduced Resolution No. 992 and requested that Article VII - Officers, Section 7.1 - Elections, of the By-laws of the Salisbury Zoo Commission be amended by adding the following language at the beginning of the section:
“Beginning January 2004, and every three years thereafter, the Corporation shall hold an election of officers.”
Resolution No. 992 passed unanimously.
RESOLUTION NO. 993 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 993. Mayor Barrie P. Tilghman recommended the appointment of Dr. Harry Suber to serve on the Historic District Commission for a term ending August 2005.
Resolution No. 993 passed unanimously.
RESOLUTION NO. 994 - DESIGNATING CITY CLERK AS OFFICIAL CUSTODIAN FOR PUBLIC INFORMATION ACT REQUESTS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 994. Council President Siggers presented Resolution No. 994 designating the City Clerk as the Official Custodian for responding to Public Information Act (PIA) requests.
Mrs. Polk reported that the Council wanted to consider this, not as a reflection on the work of City Solicitor Wilber, but as a cost savings measure for the taxpayers. In attending various Maryland Municipal League sessions, it came to her attention that many municipalities were using various departments as the Official Custodian for Public Information Act requests.
Even though there would be cost savings, Mr. Day had changed his mind and now viewed this as an Administrative matter. He did not think it should be in the hands of the Council, so he could not support it. Mr. Scott indicated that he could not support it. Ms. Siggers related that PIA requests would not be in the hands of the Council. She believed there were thousands of dollars expended for the City Solicitor to respond to PIA requests. Mr. Wilber indicated that he could provide the amount spent on PIA requests to Council.
After further discussion, including receiving a public comment that it may not be a wise move to have the City Clerk as the Official Custodian (may not have custody of all the records/files), Resolution No. 994 failed to pass on a 2-2 vote. Mrs. Polk and Ms. Siggers voted aye and Messrs. Day and Scott voted nay.
RESOLUTION NO. 995 - ACCEPTING STATE GRANT FUNDS OF $9,800 AWARDED THROUGH THE MARYLAND STATE POLICE CEASE FIRE COUNCIL
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 995. Police Chief Allan Webster addressed Resolution No. 995 accepting State grant funds awarded through the Maryland State Police Cease Fire Council to provide for officer overtime in reducing incidents of violent crime involving handguns. Since the grant funding had been cut by 25%, Chief Webster requested that the Resolution be amended to reflect grant funds of $7,350.
Mrs. Polk moved and Mr. Day seconded to amend the amount of the grant from $9,800 to $7,350. The amendment passed unanimously. Resolution No. 995, as amended, was
unanimously approved. In response to a question from the public, Chief Webster clarified that there were no hidden costs or matching funds with the grants.
RESOLUTION NO. 996 - ACCEPTING FEDERAL GRANT FUNDS OF $10,097.15 AWARDED THROUGH THE DEPARTMENT OF JUSTICE’S BULLETPROOF VEST PARTNERSHIP PROGRAM
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 996. Resolution No. 996, as highlighted by Police Chief Allan Webster, accepts $10,097.15 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. 996 passed unanimously.
RESOLUTION NO. 997 - ACCEPTING GRANT FUNDS OF $15,000 AWARDED THROUGH THE WATERWAY IMPROVEMENT FUND FOR THE JOHNSON’S POND FISHING/BOATING PIER PROJECT
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 997. Mr. Dale Pusey, Department of Public Works Civil Engineer, introduced Resolution No. 997 accepting $15,000 in grant funds awarded through Maryland’s Department of Natural Resources Waterway Improvement Fund for the creation of a fishing and boating pier on the westerly side of Johnson’s Pond.
After receiving public comments (City hasn’t implemented any of the recommendations from a previous study concerning Johnson’s Pond, other problems to be addressed other than fishing), Resolution No. 997 was unanimously approved.
PUBLIC COMMENTS
Highlights of the public comments and concerns included:
• public should have the opportunity to speak on the Ulman Theatre property proposal and should be looked at in conjunction with other development in the area;
• Public Information Act requests - suggestion that the Executive Officer handle since most of the requests may be administrative;
• proposed alternative Ordinance for landlord licensing submitted to Council (copy attached);
• thanked Police Department for increased bike control;
• requested clarification on installation of lights for Hickory Street;
• status of Parsons Cemetery concerns -- gates (opening/closing) and planting of bushes;
• pleased with police presence in neighborhood, but concerned with what happens when officers leave for increased patrol in another neighborhood;
• submitted requests four-way stop signs at intersection of London Avenue and Boston and intersection of North Division and London Avenue (copy attached), and reported that a request for intersection of Brooklyn and Boston was forthcoming;
• provided crime statistics in different Salisbury neighborhoods (Westside, Church Street, Johnson’s Lake, Newtown, Doverdale), as well as crime comparisons between two other cities – Annapolis and Dover (copy attached);
• concern with homes being sold in neighborhood because of crime;
• questioned if there was sufficient advertising on the availability of special programs for home ownership in the City;
• neighbor witnessed an elderly gentleman being knocked down in a neighborhood and called police, but no response – another person called police who said they had no record of the call;
• extended appreciation to Charles Smith, Community Band Director, for four wonderful evenings of entertainment;
• no effort to place sidewalks on Prince Street for children walking to school;
• review need for a stop sign on Chestnut Street;
• salaries of Council should be examined – should be doubled;
• seemed odd that a member of Council would receive more in compensation than the President of Council (due to health insurance benefit); and
• Councilman Webster was missed.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• clarified statements made during the budget sessions concerning health insurance for Council members and funding/grants (POS) for tennis courts;
• meeting with representatives from HUD this week for possible funding in the City;
• Secretary of Department of Housing and Community Development visiting the North Division Street neighborhood (a Community Legacy Neighborhood) next week to discuss some of the challenges facing the neighborhood; and
• passing of Bob Hope and Richard Cooper.
COUNCIL COMMENTS
Mr. Scott announced that the Boston Neighborhood Association would be meeting at Fire Station #2 on Thursday evening at 7:00 p.m. In regards to the Public Information Act requests, Mr. Day voiced that there were ways to save City money, but he did not want the Council to have complete control of it. Mr. Day announced that he was meeting with Lt. Governor Steel tomorrow to discuss tourism initiatives in the State. Mrs. Polk appreciated Mr. Trader sharing his wisdom with the Council and all the other members of the public who ask questions, raise issues and provide Council with their perspectives on City issues.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commented on the following issues:
• Council must receive the same information as Administration in order to be accountable to the public;
• information not received in a timely fashion puts Council in the position of declaring it an emergency item on the agenda;
• appreciated the public’s comments on all issues;
• extended sympathy to the Cooper family;
• concerned that the same Parsons Cemetery issues were still being shared; and
• hoped that Salisbury night at the Stadium wasn’t a total wash.
With no further business, the meeting adjourned at 9:00 p.m.
TIME & PLACE: 8:37 p.m., Room 305 - City/County Government Building
PURPOSE: Discuss specifics and negotiations for downtown development bid proposals
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(14)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, City Clerk Brenda Colegrove, Executive Officer John Pick, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, Planning & Zoning Director Jack Lenox
ABSENT: Councilman C. T. Webster
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At 8:37 p.m. in Conference Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session for discussion of the downtown development bid proposals as permitted under the Annotated Code of Maryland Section 10-508(a)(14). Mrs. Polk seconded and the vote was unanimous.
Executive Officer John Pick presented Administration’s concerns and recommendations on the proposals. After discussion, a consensus was reached by the Council and direction given to Administration for each of the proposals.
At 9:15 p.m., upon a motion and a second by Mrs. Polk and Mr. Day, respectively, the closed session adjourned and Council reconvened in open session.
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City Clerk Council President