CITY OF SALISBURY, MARYLAND
#23 MEETING NOVEMBER 27, 2000
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk Councilman William Stacey Councilman C. T. Webster IN ATTENDANCE City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Al Webster, Acting Fire Chief Tom Lewis, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public Works Director John Jacobs, and interested Citizens and Members of the Press. ************************************************************************************************
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 was repeated and the Pledge of Allegiance was recited.
Mrs. Polk moved and Mr. Scott seconded to adopt the agenda as presented. Council President Siggers announced that Resolution No. 746, authorizing the filing of a CDBG Special Projects grant request to provide water and sewer to the Joseph House Crisis Center and Joseph's Workshop, was not ready for Council action and needed to be pulled from the agenda.
Mrs. Polk moved and Mr. Stacey seconded to pull Resolution No. 746. Mr. Stacey moved to accept revised pages seven and eight of the November 13, 2000 minutes and the revised Award of Bids. Mr. Webster seconded the motion. Upon a motion by Mr. Scott and seconded by Mrs. Polk, the amended agenda was unanimously adopted.
APPROVAL OF MINUTES - NOVEMBER 13, 2000
On a motion by Mrs Polk and seconded by Mr. Stacey, the minutes of November 13, 2000 were unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the following individuals for their outstanding work with the D.A.R.E. + P.L.U.S. program:
Police Officer Hazel Beauchamp PSO Amy Bloodsworth
Police Officer Cherie Meienschein Jim Rapp
Police Officer Brian Whitman Carrie Samis
PSO Lisa Shiells Jayme DiGennaro
ORDINANCE NO. 1787 - 2ND READING - FY01 BUDGET AMENDMENT - PROVIDING FOR THE DEPOSIT OF FEDERAL FUNDS ($123,222) AWARDED THROUGH THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO ENHANCE THE COMMUNICATIONS SYSTEM OF THE POLICE DEPARTMENT
Mr. Stacey moved and Mr. Webster seconded to approve Ordinance No. 1787, amending the Fiscal Year 2001 budget to provide for the deposit of $123,222 in Federal funds awarded through the Local Law Enforcement Block Grant to enhance the communication system for the Police Department.
After a brief overview by Police Chief Al Webster, Ordinance No. 1787 for second reading passed unanimously.
RESOLUTION NO. 734 - PUBLIC HEARING - PEMBERTON DRIVE/BAILEY PROPERTY ANNEXATION
Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 734, proposing to annex an area located on the southeasterly side of Pemberton Drive known as the Pemberton Drive/ Bailey Annexation.
City Solicitor Paul Wilber and Public Works Director John Jacobs presented Resolution No. 734. The nineteen-acre property, adjacent to Harbor Pointe on Pemberton Drive, will be zoned R-8A Residential upon annexation into the City. Mr. Wilber pointed out that the property is currently zoned Industrial in the County. The County Council is expected to approve the zoning change at their December 5, 2000 meeting. Mr. Wilber asked that the Council approve the annexation subject to the zoning approval by the County Council. Mr. Jacobs reported that this property has been verified by the Maryland Department of Planning as a Priority Funding Area. The property will be developed to accommodate eighty-four semi-detached dwelling units similar to Schumaker Manor.
A discussion ensued on stormwater management. Mr. Jacobs acknowledged that an error appeared in the advertisement which stated that stormwater discharge "will" be into an existing regional system in the Harbor Pointe subdivision. The statement should have read "may" instead. Other available options for stormwater discharge were reviewed by Mr. Jacobs.
Ms. Melinda Brandon of Harbor Pointe questioned the ownership of the stormwater ponds referred to by Mr. Jacobs and who would be held responsible for the ponds. She was also concerned with the wording that the stormwater discharge may go into Harbor Pointe's system.
Ms. Siggers noted her concern with the inaccurate information and Council being drawn into the middle of a questionable situation. Mr. Webster was also concerned with acting on a Resolution with misinformation. Mrs. Polk voiced that she welcomed properties wanting to come into the City, but Council's only consideration at this time was whether to annex the property.
Mr. Wilber informed Council that this Resolution was only for acting on the annexation request, subject to the zoning change approval. The stormwater issue will be between the developer, Harbor Pointe Homeowners Association and the owner of the stormwater ponds. Mayor Tilghman acknowledged that the stormwater management issue was addressed because of the error in the advertisement and, normally, Council would not even be involved in this issue at this point. Ownership of the ponds would be verified before any plan was put into effect.
Mr. Paul Elliott, developer of the property, reported that he was not trying to interfere with anyone's stormwater management. However, he wasn't going to spend thousands of dollars to develop a plan until after he was approved for annexation into the City.
All voted in favor of Resolution No. 734 (subject to zoning approval by the County Council) with the exception of Mr. Webster who voted nay.
RESOLUTION NO. 735 - PUBLIC HEARING - SOUTH DIVISION STREET/ CLOVERLAND FARMS ANNEXATION
Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 735, proposing to annex the property located on the southeastern corner of South Division Street and Dykes Road known as the South Division Street/Cloverland Farms Annexation.
City Solicitor Paul Wilber and Public Works Director John Jacobs provided an overview of the annexation request. The one-acre property includes a Royal Farm Convenience Store and would be zoned Neighborhood Business upon annexation into the City. Mr. Jacobs reported that the property has been verified by the Maryland Department of Planning as a Priority Funding Area.
In response to Mr. Stacey's concern with the low benefit to cost ratio, Mr. Jacobs related that this was a small area with a convenience store. In determining the benefit to cost ratio, taxes such as personal property inventory were not considered. Mr. Vic Laws, representing Cloverland Farms, opined that the police response cost was overstated, but the tax revenue was understated.
Mr. Stacey opined that Mr. Scott should recuse himself because of his employment situation with Cloverland Farms. Mr. Scott indicated that he planned to do so.
Mr. Webster voiced that he was against the City making commitments for water and sewer services and not being able to back them up. Therefore, he was against this Resolution. Public Works Director Jacobs reported that the City would be able to provide water and sewer for this property. In Mayor Tilghman's opinion, this annexation made sense because it smoothed out the City's boundary lines in that area.
Ms. Siggers and Mrs. Polk voted in favor of Resolution No. 735. Messrs. Stacey and Webster voted nay and Mr. Scott abstained. Resolution No. 735 failed to pass with the lack of a majority vote.
Mr. Scott related that he abstained because of Mr. Stacey's perception that he was tied to the Royal Farms Convenience Store. However, he was not affiliated with Royal Farms. Cloverland Dairy and Royal Farms are two separate corporations and he does not benefit in any way with this property being annexed.
Mr. Wilber recommended that the Ethics Commission render an advisory opinion on Mr. Scott's voting ability on this situation. The Resolution could come back for reconsideration by Council after an additional advertisement on the annexation was published.
Mrs. Polk expressed the unfairness of the company to pay for an additional advertisement because the Council could not come to a clear decision. Mr. Wilber noted that advertising costs are paid by the company according to the terms of the conditions of annexation.
After further discussion, Ms. Siggers advised that this annexation will be placed on a future agenda.
RESOLUTION NO. 739 - APPOINTMENTS TO BOARD OF ZONING APPEALS
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 739, appointments to the Board of Zoning Appeals. Mayor Tilghman recommended the appointment of Daniel Baker as a full member and the appointment of Chris Leo as an alternate member to the Board of Zoning Appeals. Mr. Baker's term would expire October 2001 and Ms. Leo's term October 2003.
Resolution No. 739 passed unanimously.
RESOLUTION NO. 744 - ESTABLISHING A TRAFFIC AND SAFETY ADVISORY COMMITTEE RESOLUTION NO. 745 - ESTABLISHING A TRAFFIC AND SAFETY TECHNICAL ADVISORY COMMITTEE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 744, establishing a Traffic and Safety Advisory Committee. Executive Officer John Pick briefed Council on the proposed seven member committee.
Mr. Webster moved to combine the discussion of Resolution Nos. 744 and 745. Mrs. Polk seconded and the vote was unanimous. Mr. Pick reviewed Resolution No. 745, establishing a Traffic and Safety Technical Advisory Committee. Membership would include the Public Works Director, Police Chief, Fire Chief and Planning and Zoning Director. Members would also include the Director of Wicomico County Public Works Department, Wicomico County Sheriff, and a representative of the Maryland State Highway Administration, provided that they accept invitations to participate.
Ms. Siggers suggested replacing "members shall also include" with "members may also include" in Resolution No. 745. She was also concerned that the non-City members would have as much or more authority over decisions affecting the City because those persons outnumber the City representatives. Ms. Siggers was not comfortable with County and State representatives making decisions for the City.
Mr. Pick opined that, if using the word "may" instead of "shall," it leaves it up to Administration on whether those individuals will be invited to participate.
Mr. Webster suggested eliminating the Wicomico County Sheriff since he had no jurisdiction on City traffic patterns or changes in City roads. Mr. Stacey suggested one committee rather than two in order to eliminate repeating issues and tying up the time of City representatives. In Mr. Stacey's opinion, the experts needed to be with the citizen representatives during discussions. However, Mayor Tilghman believed less time would be tied up with two committees. Ms. Siggers noted that she served on the previous traffic committee and could appreciate the revised structure.
After further discussion, the following amendments were made:
Resolution No. 744
Mr. Stacey moved and Mrs. Polk moved to add in item 5 that the recommendations are addressed to the Mayor
and City Council in writing. The amendment passed unanimously.
Mr. Stacey moved and Mr. Webster seconded to change the appointments from four-year terms to three-year
trms. The amendment passed unanimously.
Resolution No. 745
Mr. Webster moved and Mr. Stacey seconded to eliminate the Wicomico County Sheriff from the Traffic and
Safety Technical Advisory Committee.
The amendment passed unanimously.
Resolution Nos. 744 and 745, as amended, passed unanimously.
RESOLUTION NO. 747 - EXPRESSING THE CITY COUNCIL'S SUPPORT OF A TAX DIFFERENTIAL AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR TAX DIFFERENTIAL
Mr. Stacey moved and Mr. Webster seconded to approve Resolution No. 747. Finance Director John Cawley presented Resolution No. 747 authorizing the Mayor to request a property tax setoff from Wicomico County for those services provided by the City that are similar to those services provided by the County.
After a brief discussion, Resolution No. 747 passed unanimously.
PUBLIC HEARING - FY2000 LOCAL LAW ENFORCEMENT BLOCK GRANT
Police Chief Al Webster briefed Council on the FY2000 Local Law Enforcement Grant in the amount of $60,417. A cash match of $6,713 will be requested in the FY2002 budget. The Police Department plans to use the funding to upgrade their communications systems.
WICOMICO PARTNERSHIP - PRESENTATION OF ANNUAL REPORT
Ms. Sally Dolch, Director of Wicomico Partnership for Families and Children, presented Wicomico Partnership's Annual Report to the Community.
AWARD OF BIDS
Mr. Stacey moved and Mr. Webster seconded to approve the items separately. Director of Procurement & Parking Carol Turner presented the following items for approval:
- Surplus Engine 203 Golden Dome Emergency Apparatus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,500.00
- In-Car Video and Radar for City Police (001-2105-521.70-30: Budgeted) Mobile Vision System 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,230.00 Kustom Signals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,890.00
- Professional Services (001-1701-515.33-01) Paul D. Wilber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 15,514.69
- Rental/Recycling Trucks (001-3317-532.86-00) SAC Recycling Trucks . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,900.00
- Wicomico County Contract No. 8-RC-98 Northeast Collector Road, Phase I (302-3705-537.70-22; 302-4190-537.70-23; 301-3230-539.70-21) David A. Bramble, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$101,472.00
Item 1 - approved unanimously Item 4 - approved on a 4-1 vote (Mr. Webster - nay)
Item 2 - approved unanimously Item 5 - approved unanimously
Item 3 - approved unanimously
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- developing brochure of funding agencies to be disseminated to residents of the City about available grants and low interest loans for rehab work and home ownership, as well as funding possibilities for the City;
- neighborhood follow-up meeting held with residents in the park area.
COUNCIL COMMENTS
Mr. Webster reiterated his concern with the City's ability to provide water and sewer services outside the City limits. Mr. Scott related that he had the utmost confidence in all the City's department heads and thanked everyone for attending tonight's Council meeting. Mrs. Polk complimented the Mayor for assembling those entities which can provide funding for Salisbury residents and clarified that her earlier comments were not directed toward an individual, but toward a department position. Mr. Stacey believed the City should be proactive in finding ways to fund projects, particularly water and sewer projects.
PUBLIC COMMENTS
No comments were received.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers reminded the public of the upcoming Christmas Parade and the Martin Luther King Banquet.
With no further business, the meeting adjourned at 9:08 p.m.
City Clerk
Council President