CITY OF SALISBURY, MARYLAND
#24 MEETING DECEMBER 17, 2001
PRESENT
Mayor Barrie P. Tilghman * Council President William F. Stacey
Council Vice President Joseph L. Scott ** Councilwoman Rachel S. Polk ***
Councilwoman Lavonzella Siggers Councilman C. T. Webster
* arrived 7:19 p.m. ** left at 7:50 p.m. ***arrived 7:03 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Fire Chief Stephen Brezler, Deputy Public Works Director Chip Messick, and interested Citizens and Members of the Press.
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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 Stacey called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Webster moved and Mr. Scott seconded to approve the agenda as presented. Ms. Siggers moved to strike the Award of Bids from the agenda since there were no bids to award. Mr. Webster seconded and the vote was unanimous. The agenda, as amended, was unanimously approved.
APPROVAL OF DECEMBER 10, 2001 MINUTES
On a motion by Mr. Webster and seconded by Mrs. Polk, the minutes of December 10, 2001 were unanimously approved.
ORDINANCE NO. 1831 - 2ND READING - CLOSING OF UNNAMED PAPER STREET NORTH OF EAST NAYLOR MILL ROAD
Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1831 for second reading. City Solicitor Paul Wilber explained that Ordinance No. 1831 closes the unnamed paper street north of East Naylor Mill Road near the Hampton Inn and Mill Pond Village development. The road was redesigned for better traffic flow.
Ordinance No. 1831 for second reading was unanimously approved.
ORDINANCE NO. 1832 - 2ND READING - AMENDING §2.32.010B OF THE SALISBURY MUNICIPAL CODE TO ALLOW THE SALISBURY FIRE DEPARTMENT TO RESPOND OUTSIDE OF THE FIRE DISTRICT UNTIL JANUARY 1, 2003
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1832 for second reading. Fire Chief Stephen Brezler briefed Council on Ordinance 1832 which amends the Code to provide automatic aid to areas lying outside of the Salisbury Fire District in Wicomico County, by lending the appropriate fire and emergency medical equipment and apparatus, until
January 1, 2003, or until an updated reimbursement agreement for fire and emergency medical services is reached between the City, Wicomico County and the outlying jurisdictions, whichever is later.
Ordinance No. 1832 for second reading passed unanimously.
ORDINANCE NO. 1833 - 2ND READING - BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR POTABLE WATER SYSTEM SECURITY MEASURES
Mr. Webster moved and Ms. Siggers seconded to approve Ordinance No. 1833 for second reading. Ordinance No. 1833, as presented by Deputy Public Works Director Chip Messick, amends the Fiscal Year 2002 water and sewer fund budget to appropriate $115,000 for potable water system security measures.
Ordinance No. 1833 for second reading passed unanimously.
ORDINANCE NO. 1834 - 1ST READING - REZONING PROPERTY OF THURMAN A. AND PHYLLIS A. MOORE, LOCATED ON THE NORTHERLY SIDE OF ROBERT STREET, FROM R-8 RESIDENTIAL TO OFFICE AND SERVICE RESIDENTIAL AND ADOPTING THE RESOLUTIONS OF DECISION AND FINDINGS OF FACT
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1834 for first reading. City Solicitor Paul Wilber reported that the City Council previously found that no mistake occurred in the R-8 zoning of the property and there was no change in the neighborhood. The Council subsequently denied the request. The Moores appealed the City Council's decision to the Circuit Court. The Court reversed the Council's decision and ordered the City Council to rezone the property to Commercial or Office and Service Residential. Ordinance No. 1834 rezones the property to Office Service Residential and also amends the zoning map to show the area as Office and Service Residential. Mr. Wilber noted that the Council would also need to adopt the Resolutions of Decision and Findings of Fact.
Mrs. Polk moved to amend Ordinance No. 1834 by striking the words "General Commercial or" in the introductory paragraph. Mr. Webster seconded and the amendment passed unanimously.
Upon a motion by Mrs. Polk and seconded by Mr. Scott, the Resolutions of Decision and Findings of Fact were unanimously approved.
Mr. Webster acknowledged that, under protest, he would vote against the neighbors and cast his vote for Office Service Residential. A copy of Mr. Webster's position statement is attached and made a part of these minutes. Mr. Stacey expressed that it was disappointing for the neighborhood to lose the Residential zoning.
With no further discussion, all voted in favor of Ordinance No. 1834 for first reading with the exception of Ms. Siggers' abstention.
RESOLUTION NO. 812 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON A PROPOSED ANNEXATION - VALLEYWOOD DRIVE/WANNER PROPERTY ANNEXATION (NORTHWEST CORNER OF GLEN AVENUE AND VALLEYWOOD DRIVE)
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 812. City Solicitor Paul Wilber and Deputy Public Works Director Chip Messick provided an overview of the Valleywood Drive/Wanner property annexation request. The annexation request was previously passed by Council, but when the property owner was asked to pay the advertising cost, he refused. This action killed the annexation request. Water and sewer was connected because of the property's failing septic system. The owner has subsequently reconsidered and has placed on deposit with the Public Works Department sufficient funds to pay the advertising cost. Resolution No. 812 begins the process again. If passed by Council, the Resolution would come back to Council for a public hearing on February 11, 2002.
After discussion, Resolution No. 812 passed unanimously.
RESOLUTION NO. 813 - ACCEPTING $42,325 IN STATE GRANT FUNDS FOR DEFIBRILLATORS
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 813. Fire Chief Stephen Brezler addressed Resolution No. 813 which accepts $42,325 in State grant funds for seven 12-lead monitors and ten automatic external defibrillators.
Resolution No. 813 passed unanimously.
RESOLUTION NO. 814 - APPOINTMENTS TO THE ZOO COMMISSION
Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 814. Mayor Tilghman recommended the appointments of Margot Hall and Paul Kratzer to serve on the Zoo Commission with terms to expire November 2003.
Resolution No. 814 passed unanimously.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- Community Legacy Program - Salisbury awarded $572,428;
- opening of the Plaza resulted in one couple driving through - stopped at the jeweler's and purchased an engagement ring;
- Johnson's Lake/London Avenue/Emerson Heights neighborhood meeting - December 18, 2001 at 5:30 p.m. in Room 302;
- North Camden Steering Committee meeting - December 19, 2001 at 5:30 p.m. at the Beth Israel Synagogue;
- City holiday celebrations held at Fire Station #1 yesterday and Civic Center on Friday evening; and wished everyone a blessed holiday.
COUNCIL COMMENTS
Mrs. Polk comments included:
- congratulated the Mayor's Office for their efforts for Community Legacy and Johnson's Lake;
- expressed her appreciation to all those individuals who helped with the holiday parties to ensure that everyone had a good time; and wished everyone a happy holiday and a safe New Year.
Messrs. Webster and Scott wished everyone a merry Christmas and a happy New Year.
Ms. Siggers comments included:
- Ordinance No. 1830 (ballot question for Council/Manager form of government) -- reiterated her opinion that it was a blatant disregard for the public when the public had already spoken on this issue;
- holiday celebrations were uplifting and inspiring - thanked Public Works Department for including other departments in the celebration; and wished everyone a happy and safe holiday.
PUBLIC COMMENTS
Mr. Robert Taylor considered Ordinance No. 1830 being vetoed since the Mayor returned the Ordinance unsigned.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey commented on Tom Becker's letter which praised the Public Works employees for their work in opening the Plaza. Mr. Stacey wished everyone a happy holiday.
With no further business, the meeting adjourned at 7:55 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JANUARY 8, 2002
TIME & PLACE: 7:45 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel issue
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(ii)
PRESENT: Council President William Stacey, Council Vice President Joseph Scott,
Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk,
Councilman C. T. Webster, City Clerk Brenda Colegrove,
Executive Officer John Pick
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At 7:45 p.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session to discuss a personnel issue as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(ii). Mr. Webster seconded and the vote was unanimous.
The information that was disseminated to the Council this afternoon was discussed. The Council determined that this was an issue for the Mayor to handle. At 8:03 p.m., Ms. Siggers moved to adjourn the closed session. Mrs. Polk seconded and the vote was unanimous.
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City Clerk
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Council President