CITY OF SALISBURY, MARYLAND
#12 MEETING JUNE 26, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Public Works Director John Jacobs, Planning & Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman and Councilman C. T. Webster
******************************************************************************CONVENING - ADOPTION OF AGENDA
The City 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.
Mrs. Polk moved to amend the agenda by adding Resolution No. 986, transferring funds from the Police Department to the Legal Department budget to offset unusually high legal bills, as an emergency item. Mr. Scott seconded and the amendment passed unanimously. Mrs. Polk moved to amend the agenda by deleting Resolution No. 985, transferring funds from the Highway Division budget to the Streets Division budget. Mr. Day seconded and the amendment passed unanimously.
On a motion by Mrs. Polk and seconded by Mr. Scott, the agenda, as amended, was unanimously approved.
APPROVAL OF JUNE 9, 2003 MINUTES
Mrs. Polk moved and Mr. Day seconded to approve the June 9, 2003 minutes. Mrs. Polk moved to amend the minutes (Mr. Webster’s motion under the Adoption of the Agenda) to reflect that Resolution Nos. 956 and 979 were to be postponed until after Mr. Rick Della’s meeting rather than Mr. Webster’s. Mr. Day seconded and the amendment passed unanimously. The June 9, 2003 minutes, as amended, were unanimously approved.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus - Police Service Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Unanimously approved.
2. Declaration of Surplus - Ford Patriot Ambulance for trade-in . . . . . . . . . . . . . . . . . . . . .-0-
Unanimously approved.
3. Declaration of Surplus - City Auction items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Unanimously approved.
4. Polymer Pump System for Beltpress (601-4101-533.70-30; unbudgeted capital)
Duparak, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,498.80
Unanimously approved.
5. Solar Trailer Mounted Arrow Board (001-2250-525.70-30; unbudgeted capital)
National Capitol Industries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $4,630.26
Unanimously approved.
6. Project Order No. 5129, Change Order No. 1
WWTP & WTP SCADA Bid Documents Phase 1 (601-3901-531.30-20)
Whitman, Requardt and Associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,703.00
Unanimously approved.
7. Parking Permit Software (101-3220-532.70-36; over budget)
Electronic Data Collection Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,500.00
Unanimously approved contingent upon affirmative response from IT Department that the software could be integrated with GIS.
8. Contract No. 5-03-SPF Zoo Perimeter Fence (001-5110-551.70-20)
Atlantic Marine Construction, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $63,000.00
Unanimously approved.
9. Contract No. 104-03; REBID
Lake Street Playground Contact Building and Dugouts (105-8654-552.70-24)
Gillis-Gilkerson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$144,800.00
Approved on a 3-1 vote (Mr. Day voting nay).
10. Engineering Services Project Order No. 5157(03) Change Order No. 1
Northeast Collector Road Phase III (601-3501-531.30-20; 601-3901-531.30-20)
McCrone, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$23,890.00
Unanimously approved.
ORDINANCE NO. 1880 - 2ND READING - REZONING & TEXT AMENDMENT TO EXPAND ST. ALBAN’S COMMONS PRD#9 AND APPROVING RESOLUTION OF DECISION AND FINDINGS OF FACT
Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1880 for second reading and to approve the Resolution of Decision and Findings of Fact. Planning & Zoning Director Jack Lenox addressed the rezoning and text amendment amending Chapter 17.117 of the Salisbury Municipal Code to expand the St. Alban’s Commons PRD #9 by .85 acres. Mr. Lenox acknowledged that the Ordinance incorporated language for a shared facilities agreement with the adjacent property owner concerning stormwater management.
Ordinance No. 1880 for second reading and the Resolution of Decision and Findings of Fact were unanimously approved.
ORDINANCE NO. 1881 - 2ND READING - TEXT AMENDMENT - REQUEST BY SPRING CHASE COMMUNITY ASSOCIATION TO INCLUDE SPRING CHASE PRD#1 IN THE 4 TO 2 “FAMILY” TEXT AMENDMENTS
Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1881 for second reading. Ordinance No. 1881, as briefed by Planning & Zoning Director Jack Lenox, amends 17.04.120 of the Salisbury Municipal Code to include Spring Chase PRD #1 in the 4-2 “family” definition.
Ordinance No. 1881 for second reading passed unanimously.
ORDINANCE NO. 1882 - 2ND READING - REZONING REQUEST BY MILFORD STREET ASSOCIATES - BELMONT AVENUE AND U.S. RT. 50 - R-8A RESIDENTIAL TO LIGHT BUSINESS AND INSTITUTIONAL AND APPROVING RESOLUTION OF DECISION AND FINDINGS OF FACT
Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1882 for second reading and to approve the Resolution of Decision and Findings of Fact. Planning & Zoning Director Jack Lenox presented Ordinance No. 1882 rezoning 10.14 acres on the southerly side of Belmont Avenue and the northerly side of U.S. Rt. 50 from R-8A Residential to Light Business and Institutional. Mr. Lenox reported that the Ordinance had been amended to include that there shall be no connection between Belmont and Greenmount Avenues as recommended by the Traffic Study prepared by The Traffic Group.
Concerns expressed by the public included increased traffic in the community, possible decrease in property values and landscaping buffers.
Ordinance No. 1882 for second reading and the Resolution of Decision and Findings of Fact passed on a 3-1 vote with Ms. Siggers casting the nay vote.
PUBLIC HEARING - RESOLUTION NO. 973 - U.S. RT. 50E - MILFORD STREET ASSOCIATES ANNEXATION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 973. Public Works Director John Jacobs introduced Resolution No. 973 annexing 22.2 acres (3.9 acres - Milford Street Associates; 5.9 acres - Emmanuel Wesleyan Church; and 12.4 acres - roads including U.S. Rt. 50 Business and Northeast Collector) located on the westerly side of Carolyn Avenue and the northerly side of U.S. Rt. 50 East. Upon annexation into the City, the Lot 27 portion would be zoned R-10 Residential and the remainder of the property zoned Light Business and Institutional. Development plans for the Milford Street Associates area include the construction of professional, medical and financial offices. No annexation incentives were offered and no tax considerations were requested. After a 45-day waiting period, the annexation would become effective August 10, 2003.
Mrs. Polk moved to amend Resolution No. 973 to include, as part of the Special Conditions in Exhibit B, items c and d from Ordinance No. 1882 as follows:
• Access to the proposed office complex (Parcel #2580) shall be limited to Belmont Avenue and the Northeast Collector Road, denying access to Montleau Avenue, Carolyn Avenue, and Louise Avenue as well as direct access fro the proposed office complex to Greenmount Avenue.
• There shall be no connection between Belmont and Greenmount Avenues as recommended by the Traffic Study prepared by The Traffic Group.
Mr. Scott seconded and the amendment passed unanimously.
Having received no comments from the public, Resolution No. 973, as amended, was unanimously approved.
PUBLIC HEARING - RESOLUTION NO. 974 - THREE CREEKS/CAUSEY PROPERTY ANNEXATION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 974. Public Works Director John Jacobs introduced Resolution No. 974 annexing 140 acres located on the northerly side of Naylor Mill Road and the easterly side of Jersey Road. The property lies within the Paleo-
channel Overly District. Development of the site will be limited to 360 single-family homes – Phase 1 consisting of 125 lots on 68 acres and Phase 2 consisting of 235 lots on 72 acres. Upon annexation, the property would be zoned R-10 Residential. After a 45-day waiting period, the annexation would become effective August 10, 2003. A property tax exemption was requested on Phase 2 until development commences.
Mrs. Polk did not view this annexation as responsible growth and could not consider a proposal to build 360 homes into an area where we hoped to expand the road in partnering with the County. She believed the existing homes in that area should be pursued for annexation first to eliminate having the City on one side of the street and the County on the other side.
Mr. Day thought this development would bring in a lot of revenue for the City. Mr. Scott also favored the annexation. Ms. Siggers related that she was not prepared to support the annexation.
Public comments/concerns included:
• neighboring resident could not afford to annex;
• annexations bring the need for more water towers, trash/recycling trucks, snow plows, street sweepers, increased police protection, street lights, curbing, more personnel; and
• Council should consider impact fees or a payment-in-lieu-of-taxes (PILOT).
After further discussion, Mr. Day moved and Mr. Scott seconded to amend Resolution No. 974 to include the amended recommendation forwarded by the Planning Commission restricting the number of units to 360 and placing a zoning of R-10 Residential. The amendment passed on a 3-1 vote with Mrs. Polk casting the nay vote. Resolution No. 974, as amended, failed to passed due to a 2-2 vote (Messrs. Day and Scott voting aye; Mrs. Polk and Ms. Siggers voting nay).
The City Council took a break at 9:10 p.m. and reconvened at 9:20 p.m.
PUBLIC HEARING - RESOLUTION NO. 975 - JOHNSON ROAD/JOHNSON’S RETREAT ANNEXATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 975. Public Works Director John Jacobs addressed Resolution No. 975 annexing 24.6 acres located on the southeasterly side of Johnson Road. A zoning of R-10 Residential was proposed upon annexation into the City. Development plans include a 93-lot single-family development. No annexation incentives were offered or tax considerations requested. The proposed annexation would become effective August 10, 2003 after a 45-day waiting period.
A citizen expressed his hope that Council and Administration would look at annexations as opportunities to plan for the future growth of the City and opined that roads could be planned for if impact fees were part of annexation.
After further discussion, Resolution No. 975 failed to pass due to a 2-2 vote (Messrs. Day and Scott voting aye; Mrs. Polk and Ms. Siggers voting nay).
PUBLIC HEARING - RESOLUTION NO. 955 - OLD OCEAN CITY ROAD-FARLOW FARM ANNEXATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 955. Resolution No. 955, as highlighted by Public Works Director John Jacobs, annexes 33.5 acres located on the northerly side of Old Ocean City Road. The property would be zoned R-10A Residential upon annexation with plans to develop a 188-unit townhouse residential development. No annexation incentives were offered or tax considerations requested. After a 45-day waiting period, the annexation would become effective on August 10, 2003.
Several residents voiced their opposition to the annexation due to the increased traffic and possible depreciation of property values. A petition opposing the annexation and signed by 66 area residents was submitted to the Council.
Mr. Steve Smethurst, attorney representing the Farlow family, thought it was in the City’s best interest to approve the annexation. He believed the City would be taking in 2-5 times in income what it cost the City to provide the services.
Mrs. Polk reiterated that she favored responsible growth and wanted to annex properties that had the least impact on the current taxpayers. With the proposed annexations, the City would have to increase personnel to provide the increased demand for services. Impact fees should also be discussed.
After further discussion, Resolution No. 955 failed to pass on a 2-2 vote (Messrs. Day and Scott voting aye; Mrs. Polk and Ms. Siggers voting nay).
PUBLIC HEARING - RESOLUTION NO. 956 - W. NAYLOR MILL-INTERFAITH HOUSING ANNEXATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 956. Public Works Director John Jacobs presented Resolution No. 956 annexing 27 acres (1.5 acres owned by the City) located on the southerly side of West Naylor Mill Road in the Paleochannel Overlay District. The property would be zoned R-10A Residential upon annexation into the City. Development plans include the construction of 105 senior housing apartments. No annexation incentives were offered, but a tax deferment was requested. After a 45-day waiting period, the annexation would become effective August 10, 2003.
Mr. Rick Della, representing Interfaith, related that even though the Three Creeks property was not approved for annexation at this time, he was still interested in annexing their property. The water and sewer design was predominantly designed for Three Creeks, but since both of their projects occurred simultaneously, the infrastructure design was implemented to incorporate both projects in the most efficient way.
Ms. Siggers expressed that she was in favor of senior housing, but could not support the annexation because of the location as she was with the Three Creeks annexation.
A Salisbury realtor pointed out that one of the issues they constantly hear is the lack of good quality, affordable senior housing. He asked Council to consider the positive things that this would bring in the way of providing housing to those who need it the most. A local attorney, and City resident, urged Council to annex the property regardless of the fact that water and sewer was designed predominantly for the Three Creeks Annexation.
Resolution No. 956 passed on a 3-1 vote with Ms. Siggers casting the nay vote.
RESOLUTION NO. 979 - GRANTING TAX DEFERRAL FOR INTERFAITH HOUSING
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 979. Executive Officer John Pick introduced Resolution No. 979 approving a tax deferral for Interfaith Housing and the project financing in the form of a loan in an amount not to exceed $1,500,000.
One resident asked Council to give consideration to those senior citizens on fixed incomes who share the burden when tax deferrals are granted.
Resolution No. 979 passed on a 3-1 vote with Ms. Siggers voting nay.
PUBLIC HEARING - RESOLUTION NO. 957 - ONLEY ROAD-CEDAR CROSSING ADDITION ANNEXATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 957. Public Works Director John Jacobs presented Resolution No. 957 annexing 3 acres located on the northerly side of Onley Road. Zoning would be R-8A Residential upon annexation into the City. Development plans include three single-family houses and seven duplexes for a total of 17 residential units as an addition to the Cedar Crossing Subdivision. After a 45-day waiting period, the annexation would become effective August 10, 2003.
With no public comments, Resolution No. 957 passed unanimously.
RESOLUTION NO. 984 - TRANSFERRING FUNDS FROM HIGHWAY LIGHTING DIVISION BUDGET TO ZOO DIVISION BUDGET FOR OPERATIONAL FUNDING AND ERECTION OF ZOO’S WEST PERIMETER FENCE
Mr. Day moved and Mrs. Polk seconded to approve Resolution No. 984. Public Works Director John Jacobs presented Resolution No. 984 requesting to transfer $20,500 from the Highway Lighting Budget to the Zoo Division Budget to fund operational supplies for the remainder of FY04 and to erect the Zoo’s west perimeter fence.
Resolution No. 984 passed unanimously.
RESOLUTION NO. 986 - TRANSFERRING FUNDS FROM THE POLICE DEPARTMENT BUDGET TO THE LEGAL DEPARTMENT BUDGET TO OFFSET UNUSUALLY HIGH LEGAL BILLS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 986. Council President Siggers presented Resolution No. 986 transferring $70,000 from the Police Department’s Salary account o the City Attorney account to offset the unusually high legal bills. The original Legal Department budget was $150,000 for the City Attorney and $10,000 for Other Legal. Amounts to be paid through the remainder of the fiscal year are:
March $13,732.54 May $13,144.37
April $16,099.42 June Not received
Mrs. Polk reported that the Council put into place what they hoped to be a safeguard against over expenditure of legal funds in FY04 by allocating legal funds to each department. She believed the expenditures for the Legal Department was excessive even though a lot was placed on the Police Department issue. However, the Police Department issue was not supposed to have involved the City Solicitor per his statement to the Council.
Ms. Siggers opined that having each department being responsible for their legal line item will hopefully bring a higher level of conscientiousness.
Resolution No. 986 passed unanimously.
PUBLIC COMMENTS
Mr. Stewart Haemel, owner of PAPCO Printing on Benny Street, voiced his concern with the lack of police visibility in his area, particularly at night. His business had been the victim of vandalism several times and has impacted his ability to obtain insurance coverage.
COUNCIL COMMENTS
Mrs. Polk pointed out that Mr. Haemel’s business is in the Weed and Seed area which gets funds for extra police patrol. After Mr. Haemel’s latest incident, Mrs. Polk called Chief Webster and requested him to call them. However, she found out tonight that a call was not received from the Chief. As for the Interfaith tax deferral, Mrs. Polk considered the fact that these were not residents who have a burden on the tax system in terms of education.
Mr. Day hoped that the Haemel’s situation improved. He understood that there were a lot of police officer applications which would bring the department to full staff once they finished training. Mr. Day extended a get well wish to Councilman Webster and referenced the Park & Flea in the parking garage. Mr. Scott thanked the public for attending.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers extended Councilman Webster’s regrets that he was unable to attend tonight’s meeting. Ms. Siggers also extended her regrets to the Haemel’s for their situation.
With no further business, the meeting adjourned at 10:55 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 27, 2003
TIME & PLACE: 11:01 a.m. - Room 305, City/County Government Building
PURPOSE: Personnel matters
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland 10-508(a)(1)
PRESENT: Mayor Barrie P. Tilghman, Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, City Clerk Brenda Colegrove, Executive Officer John Pick
ABSENT: Councilman C. T. Webster
******************************************************************************At 11:02 a.m. in Conference Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
Mayor Tilghman provided an update addressing Council’s concerns from two weeks ago and the action she has taken. Mayor Tilghman also advised Council of another employee issue which the Department Head and Human Resources Department have been handling.
At 11:26 a.m., upon a motion and a second by Mrs. Polk and Mr. Day, respectively, the closed session adjourned.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JULY 9, 2003
TIME & PLACE: 6:25 p.m. - Room 305, City/County Government Building
PURPOSE: Consideration of land acquisition
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland 10-508(a)(3)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day (left at 6:50 p.m. and returned during open session at 7:05 p.m.), Councilwoman Rachel Polk, City Clerk Brenda Colegrove, Acting Fire Chief David See, Grants/Special Projects Director Deborah Stam
ABSENT: Councilman C. T. Webster
******************************************************************************At 6:25 p.m. in Conference Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to discuss the consideration of land acquisition for a new fire station as permitted under the Annotated Code of Maryland Section 10-508(a)(3). Mr. Scott seconded and the vote was unanimous.
Acting Fire Chief David See provided an update on the plans to purchase property for a new fire station. No action was taken at this time, but the Council requested that they be kept informed of the committee’s progress.
At 6:55 p.m., upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, the Council adjourned the closed session and reconvened in open session.
City Clerk
Council President