AS AMENDED ON APRIL 28, 2003
CITY OF SALISBURY, MARYLAND
#7 MEETING APRIL 14, 2003
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
* left at 8:20 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, 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 Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Webster moved and Mr. Scott seconded to amend the agenda as follows:
1. remove Resolution No. 959, lease agreement with Market Street Inn - did not require Council approval since the lease was less than three days;
2. add as emergency items (after approval of April 4, 2003 Special Meeting Minutes)
• Resolution No. 961, accepting $40,000 in grant funds awarded through the Wicomico Partnership of Families and Children for the Weed and Seed initiative;
• No. 962, accepting $27,660 in State grant funds awarded by the Governor’s Office of Crime Control and Prevention through the Wicomico County Health Department;
3. add as emergency items (after Resolution No. 958)
• Resolution No. 946 - extension of water and sewer to Sassafras Meadows;
• Resolution No. 960 - extension of water and sewer to the Pepsi Business Park;
• Resolution No. 963 - transferring funds from the Contingency Fund to offset Marina Fund budget and to provide for slip rentals for two city-owned water craft;
• Ordinance No. 1876 1st reading - appropriating funds to offset a projected operating deficit in the Marina Fund and to provide for slip rentals for two city-owned water craft.
The above amendments passed on a 3-2 vote with Mrs. Polk and Ms. Siggers casting the nay votes.
Mr. Day moved and Mr. Webster seconded to postpone Ordinance No. 1871 for second reading (revision of “family” definition and density provisions of the Property Maintenance Code). The amendment to the agenda passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
The agenda, as amended, passed unanimously.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the James M. Bennett High School Varsity Basketball Team, Maryland 2A State High School Basketball Champions, the James M. Bennett High School Golf Team, Maryland 2A State High School Golf Champions, and Daniel McKenzie from James M. Bennett High School, winner of Maryland 2A State High School Pole Vault Event.
PROCLAMATION PROCLAIMING APRIL AS “FAIR HOUSING MONTH”
Mayor Tilghman proclaimed the month of April as “Fair Housing Month” in the City of Salisbury. Mr. Tom Davis accepted the proclamation on behalf of the Coastal Counties Community Housing Resources Board.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. Director of Procurement and Parking Carol Turner presented the following items for approval:
1. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Passed on a 4-1 vote (Mr. Webster voting nay).
2. Contract No. 12-99-W; Change Order No. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . .$13,870.00
WTP - Paleo Well #1 Pump Rehabilitation (601-3705-532.70-22)
American Water Well Systems
Unanimously approved.
3. Contract No. 106-03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$135,900.00
Lake Street Park Contact Building & Dugouts (POS #4308-22-160)
Alessi, Inc.
Mrs. Polk moved to postpone the award until a conflict of interest concern was resolved. Mr. Webster seconded and the vote was unanimous.
4. Contract No. 105-05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$160,000.00
City of Salisbury Auditing Services (various accounts)
Trice Geary & Myers
Unanimously approved.
5. Engineering Services Project Order #5063 . . . . . . . . . . . . . . . . . . . . . . . . . . . .$262,512.50
Change Order No. 1 (302-3705-537.30-20; 302-4190-537.30-20)
Whitman, Requardt & Associates, LLP
Unanimously approved.
6. Contract No. 104-03 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$309,077.97
Boundless Playground (105-8292-513.92-19)
Interstate Construction of Delmarva, Inc.
Mrs. Polk moved to amend the award to $268,802.97 (amount of current funds available). Mr. Day seconded and the vote was unanimous.
APPROVAL OF MARCH 19, 2003 SPECIAL MEETING MINUTES
On a motion by Mrs. Polk and seconded by Mr. Scott, the Special Meeting Minutes of March 19, 2003 were unanimously approved.
APPROVAL OF MARCH 24, 2003 MINUTES
The March 24, 2003 minutes were approved on a 4-0 vote upon a motion and a second by Mr. Scott and Mr. Day, respectively (Mr. Webster absent during vote).
APPROVAL OF MARCH 26, 2003 SPECIAL MEETING MINUTES
On a motion by Mr. Scott and seconded by Mrs. Polk, the March 26, 2003 Special Meeting Minutes were approved on a 4-0 vote (Mr. Webster absent during vote).
APPROVAL OF APRIL 4, 2003 SPECIAL MEETING MINUTES
The April 4, 2003 Special Meeting Minutes were approved on a 4-0 vote upon a motion by Mr. Day and seconded by Mrs. Polk (Mr. Webster absent during vote).
RESOLUTION NO. 961 - ACCEPTING GRANT FUNDS AWARDED THROUGH THE WICOMICO PARTNERSHIP OF FAMILIES AND CHILDREN FOR THE WEED AND SEED INITIATIVE
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 961. Police Chief Allan Webster introduced Resolution No. 961 accepting $40,000 in grant funds awarded through the Wicomico Partnership for Families and Children for the Weed and See initiative. The funds will be used for reimbursement of personnel costs to enhance community policing and revitalization efforts in the designated Weed and Seed areas and to fund equipment purchases for use in the Weed and Seed areas. Chief Webster will provide the quarterly Weed and Seed report to the Council (same report that is provided to Wicomico Partnership of Families and Children) and reflect in the report those individuals with overtime hours.
After discussion, including receiving comments from Mr. Steve Hess, Law Enforcement Coordinator for the U.S. Attorney’s Office for the Weed and Seed Program, Resolution No. 961 was unanimously approved.
RESOLUTION NO. 962 - ACCEPTING STATE GRANT FUNDS AWARDED BY THE GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION THROUGH THE WICOMICO COUNTY HEALTH DEPARTMENT
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 962. Resolution No. 962, as presented by Police Chief Allan Webster, accepts $27,660 in State grant funds awarded by the Governor’s Office of Crime Control and Prevention through the Wicomico County Health Department. The funds will provide for overtime reimbursement to enhance law enforcement efforts in decreasing the availability of alcohol to minors.
Resolution No. 962 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 933 - HONEYSUCKLE DRIVE-RECTOR PROPERTY ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 933. Public Works Director John Jacobs addressed Resolution No. 933 annexing .3 acres located on the northerly side of Honeysuckle Drive. The property, currently zoned R-15 Residential in the County, will be zoned R-10A Residential upon annexation into the City. Development plans include two semi-detached dwellings (total of four units). No annexation incentives or tax considerations were offered, nor was there any City required development oversizing . Subject to referendum, the annexation would become effective on May 29, 2003.
No public comments were received. Resolution No. 933 passed unanimously.
RESOLUTION NO. 940 - AUTHORIZING CITY TO ISSUE AND SELL GENERAL OBLIGATION BONDS TO FINANCE UPGRADE TO THE WASTEWATER TREATMENT PLANT (CITY OF SALISBURY WATER QUALITY BOND SERIES 2003)
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 940. Finance Director John Cawley briefed Council on Resolution No. 940 authorizing the City to issue and sell General Obligation Bonds ($3,163,361) to finance the upgrade to the Wastewater Treatment Plant. This will be a twenty-year bond with an interest rate of .87%.
Resolution No. 940 passed unanimously.
RESOLUTION NO. 954 - APPROVING MEMORANDUM OF UNDERSTANDING WITH FARMERS MARKET
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 954. Director of Procurement and Parking Carol Turner provided an overview of Resolution No. 954 approving a Memorandum of Understanding with Urban Salisbury, Inc. and Shore Fresh Growers Association for the purpose of operating a producer’s farmers’ market in Downtown Salisbury.
After a brief discussion, Resolution No. 954 was unanimously approved.
RESOLUTION NO. 955 - ESTABLISHING DATE FOR A PUBLIC HEARING - OLD OCEAN CITY ROAD-FARLOW FARM ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 955. Public Works Director John Jacobs presented Resolution No. 955 for an annexation, known as the Old Ocean City Road-Farlow Farm Annexation, located on the northerly side of Old Ocean City Road. The 33.5 acre property, currently zoned R-15 Residential in the County, will be zoned R-10A Residential upon annexation into the City. Development plans include a 200-unit townhouse residential development. A public hearing will be scheduled for May 27, 2003 and, subject to referendum, the annexation would become effective on July 11, 2003. No tax incentives or tax considerations were offered. The City will require oversizing in water and sewer.
After discussion, all voted in favor of Resolution No. 955.
RESOLUTION NO. 956 - ESTABLISHING DATE FOR A PUBLIC HEARING - W. NAYLOR MILL-INTERFAITH HOUSING ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 956. Public Works Director John Jacobs provided an overview of Resolution No. 956 annexing 27 acres (includes 1.5 acre parcel owned by the City) located on the southerly side of W. Naylor Mill Road. The property, currently zoned R-20 Residential in the County, will be zoned R-10A Residential upon annexation into the City. A public hearing will be scheduled for May 27, 2003 and, subject to referendum, would become effective July 11, 2003. Although no annexation incentives were offered, the developer does propose to do a local-share tax deferment. The City will require the developer to upsize the water and sewer lines. Development plans include the construction of 105 senior apartments.
The Public Works Department recommended to the Planning and Zoning Commission that an Environmental Assessment be completed to determine the impact on the Paleochannel, but the assessment would not be completed until after the public hearing. The developer, however, would have to go through multiple layers of further review by the Planning Commission and Public Works Department for developing their stormwater management plan and the impact of the stormwater on the Paleochannel would be taken into consideration.
Ms. Siggers voiced that she was not willing to support the annexation without having the study completed first. Mrs. Polk requested that Mr. Scott question the proximity of services (i.e., medical facilities) to the senior housing development during the Planning Commission meeting.
After further discussion, Resolution No. 956 passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 957 - ESTABLISHING DATE FOR A PUBLIC HEARING - ONLEY ROAD-CEDAR CROSSING ADDITION ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 957. Public Works Director John Jacobs addressed Resolution No. 957 annexing 3 acres located on the northerly side of Onley Road. Development plans include the construction of 17 residential units. The property, currently zoned R-15 Residential in the County, will be zoned R-8A Residential upon annexation into the City. The public hearing will be scheduled for May 27, 2003 and, subject to referendum, would become effective July 11, 2003. No annexation incentives or tax considerations were offered.
Mrs. Polk requested that the City Solicitor provide a ruling on persons who have made financial contributions to candidates and/or the City within twelve months of their request to the Council.
After further discussion, Resolution No. 957 passed unanimously.
RESOLUTION NO. 958 - APPROVING LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE CHAMBER OF COMMERCE FOR THE SALISBURY FESTIVAL
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 958. Executive Officer John Pick presented Resolution No. 958 approving a lease agreement between the City of Salisbury and the Chamber of Commerce for use of parking lots #14, #16, #1, #15 and #5 during the Salisbury Dogwood Festival. Mr. Pick related that the time frame for use of parking lot #5 (from 5:00 p.m., Friday, May 2, 2003 to 6:00 p.m., Sunday, May 4, 2003) would be added to the lease agreement.
After discussion, Resolution No. 958 passed unanimously.
RESOLUTION NO. 946 - EXTENSION OF WATER AND SEWER TO SASSAFRAS MEADOWS
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 946. Executive Officer John Pick recommended that Resolution No. 946, extending water and sewer services to the planned Sassafras Meadows development located on West Road, be approved. A signed pre-annexation agreement for the 103-acre property was required.
Mrs. Polk requested that Mr. Scott question the proximity of primary services (i.e., medical facilities) to this senior housing development during the Planning Commission meeting.
After receiving comments from Messrs. Jerry Ryan and David Nesbitt (developers for the project), including clarification that no negative comments were made by any Council member during a previous work session about residents from Gateway Village, Resolution No. 946 passed unanimously.
RESOLUTION NO. 960 - EXTENSION OF WATER AND SEWER TO THE PEPSI BUSINESS PARK
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 960. Executive Officer John Pick presented Resolution No. 960 extending water and sewer services to the planned Pepsi Business Park which is located next to the Sassafras Meadows property. The developers will be required to sign a pre-annexation agreement.
After receiving comments from Mr. Jay Pearce and Mr. Matt Drew concerning the plans for the development, Resolution No. 960 was unanimously approved.
RESOLUTION NO. 963 - TRANSFERRING FUNDS FROM THE CONTINGENCY FUND TO OFFSET MARINA FUND BUDGET AND TO PROVIDE FOR SLIP RENTALS FOR TWO CITY-OWNED WATER CRAFT
Mr. Day moved and Mr. Webster seconded to approve Resolution No. 963. Executive Officer John Pick addressed Resolution No. 963 approving a transfer of $16,540 from the Contingency Fund to offset the Marina Fund project deficit and to provide for slip rentals for two City-owned water craft.
After discussion of the accounts being impacted, Resolution No. 963 was unanimously approved.
ORDINANCE NO. 1876 - 1ST READING - APPROPRIATING FUNDS TO OFFSET A PROJECTED OPERATING DEFICIT IN THE MARINA FUND AND TO PROVIDE FOR SLIP RENTALS FOR TWO CITY-OWNED WATER CRAFT
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1876 for first reading. Executive Officer John Pick explained that Ordinance No. 1876 appropriates the $16,540 transferred from the Contingency Fund into the Marina Fund budget.
(The Council took a break at 9:48 p.m. and reconvened at 9:58 p.m.)
After discussion, Ordinance No. 1876 for first reading was unanimously approved.
PUBLIC COMMENTS
Mr. Harold Scott, President of Salisbury Fire Company #2, provided an update on the issues surrounding Station #2. Four other volunteer firefighters also voiced their comments on the issue.
COUNCIL COMMENTS
Mr. Webster complimented Access 26 for their work in televising the Council meetings. Mr. Scott opined that Administration wanted an all paid Fire Department and he disagreed with the stand Administration has taken with this matter. Mr. Day related that the City could not afford an all paid Fire Department, so this situation needed to be brought to resolution. Mr. Day mentioned that the Salisbury Zoo will begin their new master plan fact finding at the end of this month. Mrs. Polk expressed her appreciation to Access 26 for providing their services which allows the viewing public to actually see what is going on, not only with the volunteer firefighters, but with the Council as well.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers believed it was everyone’s responsibility – the mayor, Council, career firefighters and volunteers at Station 2 – to bring resolution to these matters.
With no further discussion, the meeting adjourned at 10:55 p.m.
City Clerk
Council President