CITY OF SALISBURY, MARYLAND
#21 MEETING NOVEMBER 10, 2003
PRESENT
Council President Lavonzella Siggers Councilman Michael Day*
Councilwoman Rachel Polk Councilman Richard C. Webster
Mayor Barrie P. Tilghman*
* Day left at 7:10 p.m.; Mayor Tilghman left at 7:20 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Solicitor Paul Wilber, Director of Procurement and Parking Carol Turner, CPPB, C.P.M., Public Works Director John Jacobs, and interested Citizens and Members of the Press.
ABSENT
Council President Joseph Scott
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor 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 to add Resolution No. 1034 (reestablishing a two-way traffic flow and public access to approximately twenty feet on West Isabella Street and removing restriction of eastbound access of West Chestnut Street from southbound Mill Street traffic) as an emergency item. Ms. Siggers announced that Messrs. Day and Webster had recused themselves from this issue in light of the Ethics Commission’s ruling. Ms. Siggers seconded the motion. City Solicitor Paul Wilber opined that there was lack of a quorum due to Mr. Scott’s absence and, if passed, would not be legal.
After further discussion, Mrs. Polk and Ms. Siggers voted in favor of adding Resolution No. 1034 to the agenda.
Mrs. Polk moved and Ms. Siggers seconded to add Resolution No. 1035 (temporarily closing a portion of South Division and West Main Streets) as an emergency item to the agenda. The amendment passed on a 3-0 vote. The agenda, as amended, passed with Mrs. Polk and Ms. Siggers voting aye. Mr. Webster abstained.
CERTIFICATES OF APPRECIATION
Mayor Barrie P. Tilghman presented Certificates of Appreciation to the coach and members of the James M. Bennett High School Golf Team, Maryland MPSSAA State High School Golf Champions.
APPROVAL OF OCTOBER 27, 2003 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the October 27, 2003 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. Director of Procurement and Parking Carol Turner presented the following item for approval:
1. On-Screen Footage Counter (601-4105-532.70-30; unbudgeted) . . . . . . . . . . . . $1,299.00
My Tana Manufacturing
The above item was unanimously approved.
PUBLIC HEARING - RESOLUTION NO. 1011 - U.S. ROUTE 13 NORTH-ADVANCE AUTO ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1011. Public Works Director John Jacobs presented Resolution No. 1011 annexing .8 acres of property (.7 acres private property; .1 acre W. Ruark Drive) located on the westerly side of U.S. Route 13 North. Upon annexation, the property will be zoned General Commercial. No annexation incentives were offered and no significant traffic increases were anticipated. Following a 45-day waiting period, the annexation becomes effective December 25, 2003.
No public comments were received. Resolution No. 1011 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1021 - MERRITT MILL ROAD-MOORE PROPERTY ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1021. Public Works Director John Jacobs addressed Resolution No. 1021 annexing 11.3 acres (9.6 acres - Moore property; 1.7 acres - Shoppes at Salisbury) located on the southerly side of Merritt Mill Road. Upon annexation, the southern portion of the Moore property will be zoned Light Business and Institutional (proposed use - 48 apartment units) and the northern portion R-10A Residential (proposed use - 41 townhouse units). The 1.7 acre Shoppes at Salisbury parcel will be zoned Regional Commercial upon annexation. No annexation incentives were offered. A traffic analysis will be required by the developer. Following a 45-day waiting period, the annexation becomes effective December 25, 2003.
A group of residents from the surrounding area voiced their opposition to the annexation and proposed development plan. A petition, signed by 62 property owners, was distributed to the Council outlining the following objections:
• proposed project to build rental apartments and townhouses is inconsistent with current housing in the area (i.e., single-family residences, churches and rehabilitation facility);
• creation of a severe traffic problem on an already heavily traveled two-lane road;
• property values of surrounding residences would be adversely affected by changing the character of the neighborhood; and
• added traffic and increased population would reduce the quality of life for the long-term residents and taxpayers who have occupied their homes in this area for as long as 49 years.
Mr. Robin Cockey, attorney representing the Scheffenackers, clarified that the Resolution was only for approval of annexing the property, not approving any particular development plan. He reported that the number of proposed townhouses had been reduced to 25 townhouses. Planning and Zoning would be reviewing and approving the development plans.
After further discussion, Resolution No. 1021 passed on a 2-1 vote with Ms. Siggers casting the nay vote.
RESOLUTION NO. 1033 - ACCEPTING CONTRIBUTIONS FOR THE REPAIR OF THE BANDSTAND AND PEDESTRIAN BRIDGE IN THE CITY PARK
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1033. Resolution No. 1033, as presented by Public Works Director John Jacobs, accepts $10,038.18 in cash donations and $7,352.67 in services for the repair of the bandstand and pedestrian bridge in the City Park.
Resolution No. 1033 passed unanimously.
RESOLUTION NO. 1034 - REESTABLISHING THE TWO-WAY TRAFFIC FLOW AND PUBLIC ACCESS ON WEST ISABELLA STREET AND REMOVING RESTRICTION OF EASTBOUND ACCESS OF WEST CHESTNUT STREET
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 1034. In light of the Ethics Commission ruling, Mr. Webster would recuse himself from voting on this issue. Council President Siggers presented Resolution No. 1034 reestablishing the two-way traffic flow and public access to approximately twenty feet on West Isabella Street and removing the restriction of eastbound access of West Chestnut Street from southbound Mill Street traffic.
Several business owners and Mr. Mark Cropper, attorney for the business owners, commented on the adverse impact this traffic change had on the Isabella Street businesses. A neighboring resident questioned the legality of using tax dollars for a private entity in a gated community and the legality of the Resolution if not signed by the mayor. Other Newtown residents voiced their concerns with the increased traffic destroying their historic district and the street being turned into a thoroughfare.
After further discussion, Mrs. Polk and Ms. Siggers acknowledged that they were prepared to move forward in supporting Resolution No. 1034. Mr. Webster, however, did not believe a quorum was present. Mrs. Polk and Ms. Siggers voted in favor of Resolution No. 1034.
RESOLUTION NO. 1035 - TEMPORARILY CLOSING A PORTION OF SOUTH DIVISION AND WEST MAIN STREETS
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1035. Public Works Director John Jacobs introduced Resolution No. 1035 temporarily closing a portion of South Division and West Main Streets adjacent to property known as One Plaza East to conduct repairs to the building. Mr. Jacobs pointed out a typo in the Resolution – should say East Main Street rather than West Main Street. Mr. Jacobs recommended a maximum of 50 calendar days to perform the inspection and repairs on the exterior of the building.
Mrs. Polk moved to amend Resolution No. 1035 to change West Main Street to East Main Street. Mr. Webster seconded and the amendment passed unanimously. Resolution No. 1035, as amended, passed unanimously.
PUBLIC COMMENTS
In response to a question posed by a citizen in the audience, City Solicitor Paul Wilber opined that, according to the Code, the Isabella Street Resolution requires approval of the mayor and City Council.
With no further business, the meeting adjourned at 9:20 p.m.
City Clerk
Council President