PRESENT
Council President Carolyn Hall
Council Vice President Robert Cannon
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman Frank Himelright
The Salisbury City Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council President Hall called the meeting to order.
On a motion by Ms. Siggers and seconded by Mr. Cannon, the minutes of February 23, 1998 were unanimously approved.
Council President Carolyn Hall welcomed the American Government class from Faith Baptist Church.
Mr. Gillis motioned and Mr. Cannon seconded to approve Ordinance No. 1683 to bring it on the floor for discussion. Planning & Zoning Director Kris Hughes joined Council to discuss the Ordinance Permit for expansion of the Bundles of Joy Day Care Center located at 1409 South Division Street.
Originally, the Day Care Center applied for a variance to expand the facility to accommodate two additional classrooms on the back of the property. Since the architectural design was modified, a variance was no longer necessary. However, City law requires an ordinance permit, approved by the City Council, to expand the facility. Full approval was given by the Planning Commission.
Ordinance No. 1683 for second reading passed unanimously.
Mr. Cannon motioned and Mr. Gillis seconded to approve Ordinance No. 1684 to bring it on the floor for discussion. Ordinance No. 1684, as outlined by City Attorney Robert Eaton, allows for a referendum question to be placed on the General Election ballot giving the electorate participating in the voting to indicate their approval or disapproval of returning to a political party system of elections.
Mr. Cannon expressed concern with the language in the 6th Whereas paragraph as it seemed to indicate that Council will vote to change the Code and Charter if the electorate favored returning to partisan elections. Mr. Eaton explained that Council would set about to change it in light of the fact that an additional referendum could be filed under State law to stop the change. Mr. Cannon suggested changing the first line of the 6th Whereas paragraph to read could be made instead of would be made and on page two changing item #4, third line, to read may be required instead of will be required. Mr. Eaton clarified that if the electorate indicates they are in favor of partisan elections, those changes will be required pursuant to the procedures by State law (passing the Resolution, advertising, time for referendum).
After further discussion, Mr. Cannon motioned to amend Ordinance No. 1684, 6th Whereas paragraph, first line, by changing the word would to could. Mr. Gillis seconded and the amendment passed unanimously.
Ms. Sue Piper and Mr. Gene Groten expressed appreciation for this issue being brought forth to the voters. In response to Mr. Kenneth Holland, Mrs. Hall explained that the election process would have to be restructured if reverting back to partisan elections. Mr. Norm Holland commented that the reason behind non-partisan elections was to get more voters to the polls, however, it did not fulfill that purpose.
Ms. Siggers remarked that she was a proponent of non-partisan elections and the people who approached her were in favor and requested non-partisan elections. In attending a number of Maryland Municipal League meetings, party elections seemed to be something that was foreign. It seemed reasonable to have non-partisan elections to allow more people the liberty to participate in the full process. Ms. Siggers was still in support of non-partisan elections, but she also supported the referendum which would allow the public the opportunity to make that choice. She hoped that choice would be non-partisan elections.
Mrs. Hall reported that 154 municipalities are in the State of Maryland. Most of the municipalities having non-partisan elections are smaller communities that could not field a slate of Republican and Democrat candidates. That is why they chose to go to non-partisan, however, the larger municipalities still have partisan elections.
Mr. Gillis commented that with the outcome of the referendum more people signed the petition than actually voted in the last election. The political process and political parties are a fundamental part of our governments and the people should have a choice to make that decision and not five individuals. Therefore, he supported placing this question on the ballot.
With no further discussion, Ordinance No. 1684, as amended, passed unanimously.
Ms. Siggers motioned and Mr. Gillis seconded to approve Ordinance No. 1685 to bring it on the floor for discussion. Public Works Director Wil Elliott, Mr. Richard Duvall, counsel for Peninsula Regional Medical Center (PRMC), and Mr. Bruce Patterson, Director of Facilities at PRMC joined Council for discussion.
PRMC requested to close the cul-de-sac portion of South Division Street which runs southerly from West Carroll Street and dead ends at approximately 150 feet in the hospital complex. All the land around this portion is owned by PRMC. The only traffic now is hospital service vehicles and some of the hospital staff. Mr. Elliott recommended the abandonment be approved with two conditions: 1) existing stormwater drainage patterns to remain unchanged unless altered in accordance with a plan approved by his office and implemented at the expense of the property owner; and 2) City to maintain underground utility easements.
Mr. Himelright suggested posting signs indicating it is for authorized vehicles only. Mr. Duvall indicated this is the hospital's main loading dock which is the basic reason they are making this request.
Mr. Gillis disclosed that he has done business with PRMC, but he did not feel it would impact his ability to make a fair and impartial vote. With no further discussion, all voted in favor of Ordinance No. 1685 for first reading.
Mr. Cannon motioned and Ms. Siggers seconded to approve Resolution No. 597 to bring it on the floor for discussion. Public Works Director Wil Elliott and Mr. Jerry Friedel from Davis, Bowen & Friedel, joined Council to address Resolution No. 597 - Silicato/Wood Annexation (area located on the westerly side of U.S. Rt. 13N).
City Attorney Robert Eaton explained that the Resolution will be advertised for a public hearing and final passage on April 27, 1998. Subject to the right of referendum, it will take effect upon the expiration of 45 days. Planning & Zoning recommended General Commercial zoning upon annexation to the City (currently zoned General Commercial and Light Industrial in the County). The surrounding area is zoned primarily Commercial. The City's Metro Plan calls for it to be zoned Commercial, however, the County's Comprehensive Plan calls for it to be zoned Light Industrial. Mr. Eaton thought Council would determine, after listening to the testimony presented, that there was either a change or mistake in the zoning. The Wicomico County Council approved the General Commercial zoning for this site at their February 3, 1998 meeting. Mr. Eaton swore in Mr. Friedel as a witness wishing to testify on the zoning issue.
Mr. Elliott reported that the proposed conceptual expansion would include a 107,800 sq. ft. retail business along with three outparcels fronting U.S. Rt. 13. Although no contracts exist for specific uses, the outparcel scope could include a motel. Access to the property has frontage on U.S. Rt. 13 with an entrance provided at the intersection of Dagsboro Road. The property is in the Paleo Channel District which is another reason for the zoning to be General Commercial to protect it from Light Industrial businesses. The stormwater outfall will go to Leonard Mill Branch. The Conditions of Annexation and Outline of Services and Facilities were reviewed by Mr. Elliott (Exhibits B and C of Resolution No. 597).
Mr. Gillis inquired if the water pressure on the north end warranted another water pressure system or water tower. Mr. Elliott related they are designing a connection to tie a loop in from the Home Depot project to increase the flow rate. He believed that an additional water tower would be needed in the future, however, the northern most area would not be the ideal location.
Mr. Friedel reported that the property consists of 36 acres with 17 acres developable. Even though the property will be more intensely developed, the number of entrances will be decreased. Access to the property will be located at the intersection of Dagsboro Road. Currently, there are seven or eight entrances which will be eliminated. Mr. Friedel entered into the record information relating to a change in character and mistake in current zoning for the property. Mr. Friedel pointed out that the entire corridor has been developed as General Commercial predominantly throughout the area. Ninety-percent of the developable land is already zoned General Commercial and, for purposes of continuity, he requested that this property be zoned General Commercial as well. The area is also over the Paleo Channel which would be a mistake to have the property zoned Light Industrial zoning.
Mr. Eaton stated that even though our Metro Core Plan calls for Commercial zoning, technically the County's Comprehensive Plan calls for it to be Light Industrial. Therefore, to be in compliance with 66B, Mr. Eaton recommended that Council include a finding of fact indicating a mistake and change in character and that the Comprehensive Plan, which called for Light Industrial use of the property, should be properly zoned General Commercial.
Ms. Siggers expressed concern that a finding of fact was not included on the agenda. To address the concern, Mr. Cannon motioned to amend Resolution No. 597 by adding an additional Whereas clause to include that the City of Salisbury has been presented a finding of fact to reflect a change in circumstance and a mistake in respect to the County's Comprehensive Plan that would warrant a change in zoning from Light Industrial to General Commercial. Mr. Himelright seconded the motion. All voted in favor of the amendment with the exception of Ms. Siggers who did not vote. Mr. Gillis disclosed that he had done business with Silicato/Wood and Mr. Friedel, but he did not feel it would impact his ability to make a fair and impartial decision. All voted in favor of Resolution No. 597, as amended to include the finding of fact, with the exception of Ms. Siggers who did not vote. Ms. Siggers hoped that in the future it was clarified on the agenda so they are aware of exactly what they are voting on.
Ms. Cheryl Jones, representing Salisbury Neighborhood Housing Service (SNHS), and Ms. Deborah Stam joined Council for discussion. Ms. Jones explained that the Community Development Block Grant (CDBG) Program opens on March 20, 1998. SNHS would like to continue the purchase/rehab/resale project they started three years ago. Four vacant houses were bought with the intention of selling them to low-moderate income families. Three of the houses are under contract.
Ms. Jones requested the City's endorsement for their application for funding through the CDBG program as follows: 1) purchase/rehab/resale - $515,000; and 2) owner occupied rehab grants - $100,000. Ms. Jones presented pictures of the houses in the Church Street and Camden Street neighborhoods. Ms. Siggers inquired if there was any testimony for projects done on the Westside. Ms. Jones remarked that this project was only for four houses - two in the Church Street neighborhood and two in the Camden Street neighborhood.
Mr. Himelright thought it was a good program and indicated his support. Mr. Cannon motioned and Mr. Himelright seconded to approve SNHS' application for CDBG funding. Mr. Cannon clarified that the Council is not approving lending or granting $615,000 to SNHS. Council is only giving their stamp of approval for their application for CDBG funding from the State.
Mr. Gillis disclosed he would be abstaining from voting. With no further discussion, Mr. Cannon, Mr. Himelright and Mrs. Hall voted aye; Ms. Siggers and Mr. Gillis abstained.
Finance Director Roger Baskerville presented the request to transfer the monitoring responsibilities for Mortgage Revenue Bonds from FT Mortgage Companies to CPC Mortgage Capital. The bonds were issued in connection with College Lane Apartments. CPC Mortgage Capital will be bound by the terms of the existing servicing agreements.
On a motion by Mr. Himelright and seconded by Mr. Gillis, Council unanimously approved the transfer of monitoring agent for the Mortgage Revenue Bonds.
The following items were presented for approval by Purchasing Director Carol Turner, C.P.M., CPPB:
1. Computer - BHZ (001-2910-524.70-30: Unbudgeted Capital)
Midwest Micro . . . . . . . . . . . . . . . . . . . . $ 1,727.00
2. Air Compressor w/accessories - WP
(601-3701-532.70-30: Unbudgeted Capital)
Demco, Inc. . . . . . . . . . . . . . . . . . . . . . $ 2,885.00
3. Professional Services (001-1701-515.33-01; 601-3801-531.33-01)
Robert A. Eaton . . . . . . . . . . . . . . . . . . . $ 7,047.00
4. Contract No. 17-88-AT: Change Order No. 9
Aerial Topographic Mapping Services
(601-3501-531.30-20; 601-3901-531.30-20)
Surdex Corporation . . . . . . . . . . . . . . . . . $24,400.00
After a brief discussion, Mr. Himelright motioned to approve the above items as presented. Mr. Cannon seconded and the vote was unanimous.
Mr. Kenneth Holland asked when people were going to be attracted into the City. Mrs. Hall felt that people were coming into the City since several housing developments have been annexed with some of them targeted to a senior citizen population. Mr. Gillis commented that the Wicomico County Council enacted a density requirement in the outlying agricultural areas which will have in the longer term a better impact for the Metro Core and municipalities.
Mr. Gene Groten commented on the overlap of City and County services and double taxation which may be forcing people out of the City into the County.
Mr. John Robinson expressed appreciation for the partisan election question being placed on the General Election ballot and asked if Council would be willing to put other controversial issues up for referendum on the ballot (i.e., Canal Park Drive issue). Ms. Siggers remarked that the Canal Woods people did get enough signatures for a referendum. However, Mrs. Hall noted that the Resolution no longer exists.
Ms. Sandy Kiley, a homeowner in the Church Street area, questioned why HotSpot money was used to demolish two condemned houses on the corner of Davis & E. Isabella Street. In her opinion, the houses were privately owned and they should be charged for the demolition costs. It was her understanding that HotSpot money was to be used to help the neighborhood and fight crime. Other concerns expressed included: 1) community policing (expensive vehicles continually being purchased rather than utilizing more foot patrol, bicycles or horse patrol); 2) yellow flashing lights of police vehicles; 3) bridge between the zoo and park which has been closed for several years (thought there was grant money for repairs); and 4) paid $500 more in taxes.
Mrs. Hall explained that the two houses were torn down with HotSpot money which was the purpose of the grant. It cleans up the neighborhood and makes the neighborhood safer. Two more houses are also targeted to be torn down with the HotSpot money. Other programs are also included in HotSpot funding - Comprehensive Family Center at Salisbury East Elementary School which has after school programs (i.e., tutoring, mentoring, parenting skills for adults, continuing education programs); Community Mobilization - a site has been selected for a garden and they are trying to get enough people to paint a mural, as well as a second site for a garden. Mrs. Hall stressed that police are present in the neighborhood. Probation officers are also working in the area and a part-time deputy is utilized at East Salisbury. Police vehicles are passed on to other departments as well as the auxiliary unit.
Ms. Siggers felt Ms. Kiley's concerns were valid and well founded, particularly with the demolition of the houses. In her opinion, it seemed that the houses were torn down for free. She wished more citizens would come forward to express their concerns and wished that a forum would be provided so that people would have an opportunity to enter into a dialogue without constrictions.
Mrs. Hall clarified that the demolitions prior to these two houses were not funded through HotSpot and that is why liens were placed against them. These were the first two houses to be demolished with the HotSpot grant. Mr. Himelright had hoped that the HotSpot money used to tear the buildings down would be recouped. He did not think it was right to take the HotSpot money and just arbitrarily tear the buildings down. The owners should be held responsible and charged for it. He, as well as Mr. Gillis, related that Ms. Kiley's city tax rate should not have increased.
Mr. Gillis remarked that houses being demolished have a lien placed against the property except for the ones in the HotSpot area. He, too, had some concern about the recovery of the money. Mrs. Hall noted that the State money for demolition cannot be used for any other program.
Mr. Himelright announced that the next HotSpot meetings are scheduled for March 12, March 19 and April 2 in the basement of Grace United Methodist Church at 7:00 p.m.
With no further business, the meeting adjourned at 8:25 p.m.