CITY OF SALISBURY, MARYLAND
#7 MEETING APRIL 8, 2002
PRESENT
Mayor Barrie P. Tilghman Council President C. T. Webster
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers Councilman William F. Stacey
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Police Chief Allan Webster, Fire Chief Stephen Brezler, Building, Housing & Zoning Director William Holland, 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 Webster called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Scott moved and Mr. Stacey seconded to bring the adoption of the agenda on the floor for discussion. Mr. Stacey moved to amend the agenda by moving the Award of Bids before Ordinance No. 1842. Mr. Scott seconded. The motion to amend passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay. The agenda, as amended, passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
PROCLAMATION PROCLAIMING APRIL AS "FAIR HOUSING MONTH"
Mayor Tilghman read a proclamation proclaiming the month of April 2002 as "Fair Housing Month" in the City of Salisbury. Mr. Thomas Davis, of the Coastal Counties Community Housing Resources Board, was unable to attend to accept the proclamation.
APPROVAL OF MARCH 25, 2002 MINUTES
Mr. Stacey moved and Mr. Scott seconded to approve the March 25, 2002 minutes. Mr. Stacey moved and Mr. Scott seconded to add the following to the Public Comments section:
Page 1, paragraph 1 - add after first sentence (s/w Mr. Robert) The Mayor and Mr. Pick did not answer the question and indicated that there was no available estimate.
Page 1, paragraph 1; add after fourth sentence (s/w He inquired) The Mayor and Mr. Pick did not answer the question.
Page 1, paragraph 1; add after last sentence (s/w Mr. Taylor) The Mayor and Mr. Pick did not answer the question.
Page 2, paragraph 2; add at end - The Mayor and Mr. Pick did not answer the question.
After discussion, the motion to amend passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay. The March 25, 2002 minutes, as amended, passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
APPROVAL OF MARCH 21, 2002 SPECIAL MEETING MINUTES
Mr. Stacey moved and Mr. Scott seconded to approve the March 21, 2002 Special Meeting Minutes. Mr. Stacey moved and Mr. Scott seconded to amend the minutes with the following:
Page 1, paragraph 2; - add at end - Mr. Stacey handed out a memorandum by John Pick, dated March 20, 2002, as well as a letter by Mayor Martin dated December 18, 1997, and a 2-page historical synopsis of the Northeast Collector Road, which are attached to these minutes.
Page 1, last paragraph; in second sentence (s/w Phase I) strike - to just beyond where there are culverts that have gone across Peggy Branch.
Page 2, first paragraph; - add at end (after 12 months) - In Phase II the main cause of delay is the SHA approval for the intersection at Old Ocean City Road, which he estimated could require six months, and the process has not yet begun. In Phase III a special wetlands permit is required, but he did not estimate the time required for that permitting process, which has not begun.
Page 3, second full paragraph; - add at end (s/w Mr. Taylor) - Mr. Taylor wanted to know why the permitting process and getting the right-of-way had not begun earlier. Neither the Mayor, the City Solicitor nor Mr. Jacobs answered these questions.
Page 4, third paragraph; - add at end of first sentence (s/w Mayor Tilghman) - The mayor said that she decided that the City should not borrow all of the required funds in the 1999 bond issue and that another $3 million now is needed to build the entire road.
After discussion, including the Mayor questioning the statement in the amendment on page 4, third paragraph, Mrs. Polk moved to postpone voting on the March 21, 2002 Special Meeting Minutes until the tape recording has been consulted. Mr. Scott seconded the motion. For clarification, Mrs. Polk amended her motion and moved to postpone the March 21, 2002 Special Meeting Minutes until listening to the tape recording of that session during the next work session. Mr. Scott seconded. Mrs. Polk, Mr. Scott and Mr. Webster voted aye. Mr. Stacey voted nay and Ms. Siggers abstained.
APPROVAL OF MARCH 26, 2002 SPECIAL MEETING MINUTES
Mr. Stacey moved and Mr. Scott seconded to approve the March 26, 2002 Special Meeting Minutes. Messrs. Scott, Stacey and Webster voted aye and Ms. Siggers nay. Mrs. Polk abstained since she was not at the meeting.
APPROVAL OF MARCH 27, 2002 SPECIAL MEETING MINUTES
Mr. Stacey moved and Mr. Scott seconded to approve the March 27, 2002 Special Meeting Minutes. Mr. Stacey moved and Mr. Scott seconded to amend the minutes as follows:
Page 1, second paragraph; add at end - A copy of this letter is attached to these minutes.
Page 2; - carry over (after stormwater portion) - add date of each of the four instances and reference to the tab of the Mayor's supporting document for each.
Page 2, first full paragraph; (s/w Mayor Tilghman explained) - change appropriation to expenditure of bond proceeds borrowed for the Northeast Collector Road.
Page 2, second full paragraph; (s/w Mayor Tilghman mentioned)
add at end of first sentence - to establish an appropriation
add after the second sentence - A letter has been sent to Mr. Wilber requesting
an opinion. The letter is attached and made part of these minutes.
Page 2; - add as a separate paragraph, before the highlights - Mr. Taylor asked Mayor Tilghman to describe the purpose for which the balance of the bond proceeds were borrowed, and she responded that it was for Phase II.
After a brief discussion, including Mayor Tilghman's questioning of statements made by her, Mrs. Polk moved to postpone the vote on the March 27, 2002 Special Meeting Minutes until the Council listened to the affected portions of the tape recording at the next available work session and then vote for approval at the next regular Council meeting. Mr. Scott seconded the motion. All voted for the motion to postpone with the exception of Mr. Stacey who voted nay.
AWARD OF BIDS
Mr. Stacey moved and Mr. Scott seconded to bring the Award of Bids on the floor for discussion. Mr. Stacey moved to approve the Award of Bids individually. Mr. Scott seconded and the vote was unanimous.
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus (bicycles & 1994 truck) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Vote: Unanimous vote in favor.
2. Declaration of Surplus (parking lot #15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
A discussion was held on the procedure for declaring property surplus (Resolution vs. Award
of Bids). Mr. Stacey moved to postpone until a clear answer was received from legal counsel,
but no second was received.
Vote: All voted in favor except for Mr. Stacey who did not vote.
3. Red Light Camera Installation (001-2105-521.70-30; over budget)
DJR, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$36,308.00
Mrs. Turner will advise Council on which account the funds are being transferred from.
Vote: 4-1 (Mr. Stacey voted nay)
4. Contract No. 103-01; Change Order No. 6 (301-3220-539.69-10)
Parking Garage Extension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$12,853.00
Council discussed whether this issue should be the responsibility of the primary general
contractor.
Vote: Unanimous (0-5) not in favor of awarding the bid as presented.
5. Paddleboat Agreement
Robert L. Culver, Jr. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Vote: Unanimous vote in favor.
6. Change Order No. 1 to P. O. 201332
BNR MDE Value-Engineering Assistance (601-3901-531.30-20)
O'Brien & Gere Engineers, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,600.00
Vote: 4-1 (Mr. Stacey voting nay)
7. Contract No. 8-RC-98; Change Order No. 7
Northeast Collector Road - Phase I
David A. Bramble, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -$20,069.88
Vote: Unanimous vote in favor.
The Council recessed at 8:40 p.m. and reconvened at 8:45 p.m.
ORDINANCE NO. 1842 - 2ND READING - TEXT AMENDMENT TO SECTION 17.76 OF THE SALISBURY MUNICIPAL CODE TO PERMIT A BUSINESS CENTER IN THE LIGHT INDUSTRIAL DISTRICT
Ms. Siggers moved and Mr. Stacey seconded to approve Ordinance No. 1842 for second reading. Mrs. Gloria Smith, from the Planning & Zoning Department, provided a brief overview of the request to amend Section 17.76 of the Code to allow a Planned Business Center in the Light Industrial District as a permitted use and require a minimum land area of 10,000 sq. ft. in Section 17.172.020D(1).
Ordinance No. 1842 for second reading passed unanimously.
ORDINANCE NO. 1843 - 2ND READING - ADOPTION OF THE 2000 STATE FIRE PREVENTION CODE
Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1843 for second reading. Ordinance No. 1843, as briefed by Director of Building, Housing & Zoning William Holland, adopts the 2000 State Fire Prevention Code as part of the Code of the City of Salisbury, as well as items of local concern (i.e., procedure for open burning, municipal infraction not to exceed $500 each day, allowing for procedure if violator fails to comply within time limits of an abatement notice or corrective notice).
Ordinance No. 1843 for second reading passed unanimously.
ORDINANCE NO. 1844 - 2ND READING - AMENDING CHAPTER 13.28, STORMWATER MANAGEMENT, OF THE SALISBURY MUNICIPAL CODE
Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1844 for second reading. Public Works Director John Jacobs addressed Ordinance No. 1844 amending Chapter 13.28, Stormwater Management, of the Code (required by State law).
After a brief discussion, Ordinance No. 1844 for second reading passed unanimously.
RESOLUTION NO. 828 - RESTRICTING PUBLIC ACCESS ON A PORTION OF E. MARKET STREET
Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 828. Public Works Director John Jacobs briefed Council on Resolution No. 828 which changes the current one-way traffic flow, and restricts public access, of a segment of E. Market Street to only vehicles and privately owned vehicles of City employees working in the Fire Department's Headquarters Building.
Resolution No. 828 passed unanimously.
RESOLUTION NO. 832 - ACCEPTING $30,000 IN FEDERAL GRANT FUNDS AWARDED THROUGH THE WICOMICO PARTNERSHIP OF FAMILIES & CHILDREN FOR THE WEED & SEED INITIATIVE
Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 832. Police Chief Allan Webster introduced Resolution No. 832 accepting $30,000 in Federal grant funds awarded through the Wicomico Partnership for Families and Children for the Weed and Seed Initiative. The funds will be used for overtime expenses incurred through the use of additional patrols in the designated
Weed and Seed areas of Camden, East Church and the Westside neighborhoods and fund equipment purchases for use in the Weed and Seed areas.
Resolution No. 832 passed unanimously.
RESOLUTION NO. 833 - ACCEPTING $5,000 IN STATE GRANT FUNDS AWARDED BY THE GOVERNOR'S OFFICE OF CRIME CONTROL & PREVENTION THROUGH THE WICOMICO COUNTY UNDERAGE DRINKING COALITION
Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 833. Resolution No. 833, as presented by Police Chief Allan Webster, accepts $5,000 in State grant funds awarded by the Governor's Office of Crime Control and Prevention through the Wicomico County Underage Drinking Coalition. The funds will provide for overtime reimbursement to enhance law enforcement efforts in decreasing the availability of alcohol to minors.
Resolution No. 833 passed unanimously.
RESOLUTION NO. 834 - REAPPOINTMENTS/APPOINTMENT TO HOUSING BOARD OF ADJUSTMENTS AND APPEALS
Mr. Stacey moved and Mrs. Polk seconded to approve the reappointments/appointment to the Housing Board of Adjustments and Appeals. Mayor Tilghman recommended the following individuals to serve on the Housing Board of Adjustment and Appeals:
Appointment: Robert Gladden to a term ending April 30, 2005
Reappointments: Richard Insley to a term ending April 30, 2006
Ernie Olds to a term ending April 30, 2006
Kay Crouch to a term ending April 30, 2005
Dr. Neil Carey to a term ending April 30, 2005
Resolution No. 834 passed unanimously.
RESOLUTION NO. 835 - PERMITTING URBAN SALISBURY TO CLOSE THE PLAZA ON TWELVE OCCASIONS
Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 835. Mayor Tilghman addressed Resolution No. 835 which allows Urban Salisbury, Inc. to close W. Main Street (The Plaza) to vehicular traffic for twelve special events through December 2003.
After discussion, and clarifying that it would be twelve events annually, Ms. Siggers moved to amend Resolution No. 835 to reflect twelve events per year through December 2003. Mrs. Polk seconded and the amendment passed unanimously. Resolution No. 835, as amended, passed unanimously.
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE CHAMBER OF COMMERCE FOR THE SALISBURY FESTIVAL
Ms. Siggers moved and Mrs. Polk seconded to approve the lease agreement between the City of Salisbury and the Chamber of Commerce for the Salisbury Festival. Executive Officer John Pick provided a brief overview of the agreement for the Chamber of Commerce to lease parking lots #14, #16 and #1 for the Salisbury Festival. The lots will be used from May 1 to May 6, 2002.
The Council unanimously approved the lease agreement between the City and the Chamber of Commerce for the Salisbury Festival.
APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND MARKET STREET INN FOR THE SALISBURY FESTIVAL
Mr. Stacey moved and Mrs. Polk seconded to approve the lease agreement between the City of Salisbury and the Market Street Inn for the Salisbury Festival. Executive Officer John Pick outlined Market Street Inn's request to use parking lot #12 from May 2 through May 6, 2002 for events in conjunction with the Salisbury Festival.
After discussion, the Council unanimously approved the lease agreement between the City and Market Street Inn.
MAYOR'S COMMENTS
No comments.
COUNCIL COMMENTS
Mrs. Polk thanked the citizens for coming and staying for the duration. Mr. Stacey thanked everyone for staying and asked Administration for an update, in writing, on where the City stands with the progress on Council's request to continue with the Northeast Collector (starting with Phase 2). Mr. Scott thanked the public for their comments. Ms. Siggers expressed appreciation to Mr. James Trader for pointing out the need for Salisbury to continue to clean the rivers. She mentioned that students picked up over 700 pounds of trash on Saturday during a community clean-up.
PUBLIC COMMENTS
Mr. L. J. Brent commented on the amount of money he had spent on information requested from the City. Mr. Richard Insley hoped that the public's access would be restored on E. Market Street if the Fire Department relocates. Mr. Duke Shannahan extended appreciation to Ms. Siggers for putting together the neighborhood clean-up. Mr. James Trader suggested making Mill Street one-way (north).
COUNCIL PRESIDENT WRAP-UP
Mr. Webster thanked the citizens for their patience this evening and their comments on the primary general contractor issue.
With no further business, the meeting adjourned at 9:58 p.m.
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City Clerk
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Council President