CITY OF SALISBURY, MARYLAND
#18 MEETING SEPTEMBER 9, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilman Michael Day
Councilwoman Rachel Polk Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, Attorney Newt Jackson, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, 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 Room #1 of the Old Court House Building. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Webster moved to amend the agenda by adding Resolution No. 884 (authorizing Mayor to sign a Biological Nutrient Removal Agreement on behalf of the City) as an emergency item and to move Resolution No. 883 (accepting $1,500 grant for the Fire Department) after the Award of Bids. Mr. Scott seconded and the vote was unanimous.
At the request of Mayor Tilghman, Mrs. Polk moved to postpone Resolution No. 881 (appointments to Board of Zoning Appeals) until the next meeting. Mr. Webster seconded and the amendment passed unanimously.
Mrs. Polk moved to insert the Council President's statement before the Public Comments section. Mr. Scott seconded and the amendment passed unanimously.
The agenda, as amended, was unanimously approved.
COUNCIL PRESIDENT COMMENTS
Council President Siggers read a statement regarding recent inquiries relating to a personnel matter which included that the Council would not comment upon matters which involve any of their personnel considerations.
PUBLIC COMMENTS
Mr. Travis Terrell 1) questioned where the money was coming from for outside legal help; 2) believed any concerns with the Police Chief's performance belonged with Administration; 3) opined that the Mayor and Council were trying to turn their part-time positions into full-time; and 4) suggested the need for more red light cameras, particularly N. Division and Isabella Street.
Ms. Shanie Shields voiced her support for Chief Webster and the Police Department.
Mr. Robert Taylor 1) asked that a legislative policy be put in place for lines running out of city limits; 2) suggested reenacting impact fees; 3) questioned nitrogen level cap in relation to cost of building BNR facility; 4) questioned funding shortfall for upgrade to wastewater treatment plant; and 5) was still concerned with some of the rental housing matters being brought up by the landlords.
AWARD OF BIDS
Director of Procurement & Parking Carol Turner presented three items for Council approval.
Mrs. Turner pointed out that the City's bid for electricity had been postponed until October 14, 2002 since Conectiv needed time to provide historical data to the prospective bidders.
1. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
(1993 Chevrolet vehicle)
2. Contract 110-02 Dye/Dilution Study (601-4101-533.36-10). . . . . . . . . . . . . . $119,850.00
O'Brien & Gere Engineers
3. Contract A-7-3 Curb, Gutter, Sidewalk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $148,150.00
(001-3205-532.43-04; 104-3250-532.43-07)
Malone & Phillips
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids individually. After discussion, item #1 and item #3 were unanimously approved. Item #2 was unanimously approved contingent upon having sufficient funds in the appropriate account.
RESOLUTION NO. 883 - ACCEPTING $1,500 GRANT FROM DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 883. Mayor Tilghman presented Resolution No. 883 accepting a $1,500 grant from the Department of Health and Mental Hygiene to purchase fire prevention materials and fire safety brochures for the Salisbury Fire Department.
Resolution No. 883 passed unanimously.
HOUSING PROCESS ACTION TEAM REPORT
Executive Officer John Pick presented the Housing Process Action Team's report. A copy of the report is attached and made a part of these minutes. Final Report
APPROVAL OF AUGUST 26, 2002 MINUTES
On a motion and a second by Mr. Webster and Mr. Scott, respectively, the minutes of August 26, 2002 were approved on a 4-0 vote. Mrs. Polk abstained since she was not present during that meeting.
CONTINUATION OF PUBLIC HEARING - RESOLUTION NO. 861 - PEMBERTON DRIVE/RAYNOR DEVELOPMENT ANNEXATION
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 861. Public Works Director John Jacobs provided an overview of the Pemberton Drive/Raynor Development Annexation consisting of 73.7 acres. The original proposal was 260 units, but the developer decided to downscale to 220 units (89 single-family units, 38 duplexes and 93 townhouses). Zoning would be R-8A with a maximum density not to exceed that permitted in an R-10A Residential District. The R-8A zoning would allow small lots, but cap the number of units at
R-10 to ensure compatibility with the County Comprehensive Plan. At total build-out of 220 units, water usage was estimated at 55,000 gallons per day. If approved by Council, the annexation would become effective on October 24, 2002.
Developer Bill Martin reported that they will incorporate a mix of single-family homes and one-story attached units. Their proposal was amended and now reflects a density of 220 units. This project was designed to meet the concepts described in the Metro Core Plan. Landscaping buffers will be located around Pemberton Drive and the Conectiv property, as well as the north perimeter of the property.
Ms. Stacey Hart, consulting engineer from ESP Design Services, addressed the traffic impact. The traffic impact study, which was recently completed for the McDonald's project, revealed that the intersection at Parsons and Pemberton was rated a level of service A (free flow). Even with the construction of 220 units, a level of service A was still expected at peak hours.
Mr. Wayne Snowden, transportation engineer with the State Highway Administration (SHA), opined that 220 units would not generate enough traffic at Rt. 349 and Pemberton or Rt. 349 and Parsons to make a noticeable difference. Mr. Snowden reported that the SHA has offered to participate with the City and County to evaluate the impact of future development in that area.
Mrs. Gloria Smith, from the Planning & Zoning Department, reported that this property is within the Metro Core. When an annexation request is forwarded to them, they compare it with the County's Comprehensive Plan in order to make a zoning classification recommendation. In the County Comprehensive Plan, the Metro Core area is known as the level one development area where higher density growth should be directed. This property is well within that area, directly across from Harbor Pointe, and can easily be served with sewer services, therefore not placing more septic tanks into the ground.
Mrs. Polk pointed out that Resolution No. 861 incorporated Exhibits A and B, but Exhibit C was not. Upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, Resolution No. 861 was unanimously amended to incorporate Exhibit C.
Mr. Webster did not believe this was smart growth so he could not support the annexation.
Highlights of comments received from the public included:
- traffic concern in getting out on Nanticoke Road and Pemberton Drive;
- did not believe level of service was an A;
- traffic study should be a prerequisite before any more development in the area;
- questioned capacity of Pemberton Elementary School;
- pictures shown by developer would not necessarily be what was constructed;
- concern with traffic impact through Cross Creek and Willow Creek developments;
- asked developer to consider one-half acre lots;
- in favor of annexation, although guardedly;
- questioned development of this project when Harbor Pointe was not fully developed yet;
- viewed level of service as a D, harboring on an E;
- developer never mentioned townhouses in the presentation - need to make sure what is to be constructed;
- questioned capacity of wastewater treatment plant;
- traffic problems - morning and evening;
- traffic study needed on Mill Street;
- should consider only single-family homes for the project at the level which the County would allow; and
- concern with odor from wastewater treatment plant - actually burns your eyes.
Mrs. Polk moved and Mr. Scott seconded to amend Exhibits B and C of Resolution No. 861 by changing the number of maximum units allowed from 260 units to 220 units. All voted aye with the exception of Mr. Webster who abstained.
Ms. Siggers hoped that the concerns were given consideration because she wanted to see the project move forward. Even though it was Council's job to increase the tax base for the City, she did not want to impact negatively upon existing neighborhoods. She believed it would be premature to move forward with the annexation looking at the impact it would have on the community as it now stands. Therefore, she was willing to compromise to have the numbers decreased from 220 to 156.
Mr. Day suggested getting groups together to go before Planning and Zoning to lobby their case. In Mr. Day's opinion, traffic, as well as the environment needed to be considered. He perceived a disaster down the road with failing septic tanks if water/sewer was not extended to that area.
Resolution No. 861 passed on a 3-2 vote with Ms. Siggers and Mr. Webster casting the nay votes.
PUBLIC HEARING - ORDINANCE NO. 1858 - 1ST READING - AUTHORIZING MARGARET COLLINS TO OPERATE A DAY CARE CENTER ON 768 SOUTH DIVISION STREET
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1858 for first reading. Mrs. Gloria Smith briefed Council on Margaret Collins' request to operate a day care center on 768 South Division Street in an R-8 Residential District. The Planning Commission forwarded a favorable recommendation for approval of the Ordinance Permit.
Ordinance No. 1858 for first reading was unanimously approved.
ORDINANCE NO. 1859 - 1ST READING - EXTENDING MORATORIUM ON THE CONVERSION OF SINGLE-FAMILY RESIDENCES TO RENTAL USE
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1859. Ordinance No. 1859, as introduced by Attorney Newt Jackson, extends the moratorium on the conversion of single-family residencies to rental use for an additional two months in order to allow the study of the issue and the possible implementation of new legislation.
Ordinance No. 1859 for first reading passed unanimously approved.
RESOLUTION NO. 882 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 882. Mayor Tilghman recommended the appointment of Max Verbits to the Historic District Commission for a term ending July 2004.
Resolution No. 882 was unanimously approved.
RESOLUTION NO. 884 - AUTHORIZING THE MAYOR TO SIGN AND EXECUTE, ON BEHALF OF THE CITY, A BIOLOGICAL NUTRIENT REMOVAL AGREEMENT
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 884. Public Works Director John Jacobs presented Resolution No. 884 authorizing the Mayor to sign and execute, on behalf of the City, a Biological Nutrient Removal Agreement (BNR) with the Maryland Department of the Environment.
Resolution No. 884 passed unanimously.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- BNR Agreement - puts City on faster tract with upgrade and expansion to wastewater treatment plant;
- upcoming Newtown meeting on September 11 at 7:00 p.m.;
- Police and Community Relations Committee scheduled for September 30;
- City Park walk yesterday with residents;
- Tom Becker from Urban Salisbury, Executive Officer Pick and Mayor Tilghman met with Salisbury University President last week regarding student housing issue and student housing project;
- looking forward to first live broadcast of the City Council meeting on October 14; and
- thanked City staff for their efforts in making project on the Housing Process Action Team move forward.
COUNCIL COMMENTS
Mr. Webster mentioned that the Moving Wall was on display at Winter Place Park and encouraged everyone to view the replica. Mr. Scott commented that the City was growing, but with growth comes problems. However, the City needed to increase their tax base in order to keep taxes down. Mr. Day announced that the Friends of the Bandstand Committee would be meeting on September 11 at 1:00 p.m. at the bandstand. Mrs. Polk commended the Housing Process Action Team for their efforts.
With no further discussion, the meeting adjourned at 9:45 p.m.
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City Clerk
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Council President