CITY OF SALISBURY, MARYLAND
#16 MEETING AUGUST 25, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Councilman C. T. Webster Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Police Chief Allan Webster, Deputy Public Works Director Chip Messick, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor 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 to add two annexations as emergency items to the agenda – U.S. 13 North-Advance Auto Parts and Merritt Mill Road-Moore Property (following Ordinance No. 1884). Mr. Scott seconded and the amendment passed unanimously.
Mr. Day moved to add Resolution No. 1008 (proposed traffic changes to Chestnut Street) as an emergency item to the agenda. Council President Siggers indicated that this matter had not been properly discussed so the motion would not be entertained. In Mr. Webster’s opinion, a Council member could not be refused a proposed change to the agenda or to introduce any other legislation. Therefore, Mr. Webster seconded the motion.
After discussing the Rules of Order for agendas, and whether proper notification had been given to the public about the proposed traffic changes, a suggestion was made by Mrs. Polk to place this issue on the special August 27, 2003 work session. Mr. Webster withdrew his second.
The agenda, as amended, was unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the manager, coaches and members of the West Salisbury Little League All-Starts, winners of the District 8 and Maryland State
Championships, and Semifinalists in the Mid-Atlantic Regionals. The following individuals received Certificates:
Gene Malone, manager Kyle Yingling
Chris Yingling, coach Thomas Malone
Mike Wigley, coach Jordan Griffin
Chris Water Austin Wigley
Tyler Esham Darbi Hughes
David Brown Riley Greenwood
Kyle Gallagher Nathan Sego
RECOGNITION OF SCOUTS
Council President Siggers recognized Kyle and Brandon Hildreth from Boy Scout Troop 151 for attending the meeting toward earning their Citizenship in the Community Merit Badge.
PROCLAMATION PROCLAIMING “PROSTATE CANCER AWARENESS MONTH”
Mayor Tilghman proclaimed the month of September as “Prostate Cancer Awareness Month” in the City of Salisbury. Mr. Frank Himelright accepted the proclamation.
APPROVAL OF AUGUST 11, 2003 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the August 11, 2003 minutes were unanimously approved.
ORDINANCE NO. 1883 - 2ND READING - FY04 BUDGET AMENDMENT - AMENDING DEBT SERVICE FUND BUDGET
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1883 for second reading. Finance Director John Cawley reported that Ordinance No. 1883 corrects his error made during the budget process by appropriating $265,404 from the Bond Fund Surplus to make the required debt payment for the City’s 2003 Bond Issue to the Department of Community Affairs.
Ordinance No. 1883 for second reading passed unanimously.
ORDINANCE NO. 1884 - 1ST READING - IMPOSING A MORATORIUM ON THE PROCESSING OF APPLICATIONS TO CONSTRUCT, ALTER, RECONSTRUCT, MOVE, DEMOLISH OR REPAIR, ANY STRUCTURE WITHIN AN HISTORIC DISTRICT
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1884 for first reading. Council President Siggers introduced Ordinance No. 1884 to impose a moratorium on the processing of applications to construct, alter, reconstruct, move, demolish or repair, any structure within an historic district, if such changes would affect the exterior appearance of the structure, through October 31, 2003, to allow for the review of the rules and regulations governing the operations of the City’s Historic District Commission. Ms. Siggers pointed out that language needed to be crafted to give the Commission the tool they needed to render their decisions in light of the recent court ruling.
Mr. Buck Bailey, who serves on the Historic Commission, mentioned that the City Attorney’s Office has been reviewing alterations to the rules and regulations of the Commission. The proposed changes, however, may not have altered the outcome of the litigation.
In response to a citizen comment, Mrs. Polk clarified that, according to the Charter, the Commission has a certain number of days to respond once an application is filed. Because the Council did not know how long it would take to meet the needs of the Commission, the terminology of “applications” was included.
Mayor Tilghman acknowledged that the recommendations were in discussions with the Historic District Commission and the Maryland Historic Trust, but were not ready to come before the Council for consideration. However, the Council received a copy of the Commission’s proposed changes a few months ago.
Mr. Day voiced concern with the moratorium covering everything and halting all projects. He moved to amend the Ordinance to cover the processing of applications pertaining strictly to vinyl siding issues. The motion died for lack of a second. Mrs. Polk pointed out that the language was recommended and drafted by the City Solicitor for the Council to consider to prevent other challenges coming forth from property owners.
After further discussion, Ordinance No. 1884 for first reading passed on a 3-2 vote with Messrs. Day and Scott voting nay.
ANNEXATION REQUESTS
Deputy Public Works Director Chip Messick presented the following annexation requests:
Route 13 North - Advance Auto Parts
• .8 acres located on the westerly side of U.S. Route 13 and adjoining the southerly side of West Ruark Drive (.7 acres vacant lot; .1 acre of road);
• to be zoned General Commercial upon annexation;
• 6,890 sq. ft. auto part store planned for the site;
Merritt Mill - Moore Property Annexation
• 9.6 acres located on the southerly side of Merritt Mill Road between Phillip Morris Drive and Tilghman Road;
• 48 apartment units planned for the southerly portion, 41 townhouse units planned for the northerly portion; and
• southerly portion to be zoned Light Business and Institutional upon annexation, northerly portion to be zoned R-5A Residential for the northerly portion.
The Council gave a consensus to move forward with the annexation Resolutions.
RESOLUTION NO. 1003 - DESIGNATING CITY CLERK AS PUBLIC INFORMATION ACT COORDINATOR
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1003. Council President Siggers presented Resolution No. 1003 designating the City Clerk as the Public Information Act (PIA) Coordinator to facilitate and coordinate the responses to PIA requests. Ms. Siggers reported that, according to the City Solicitor’s letter, his firm had spent $2,475 for PIA requests between June 1, 2002 and June 30, 2003. From the City Clerk researching the legal bills, $4,466 was expended for the period July 2002 through July 2003.
In response to a suggestion to establish written procedures, Mrs. Polk clarified that the Public Information Manual provides the guidelines and procedures for responding to PIA requests. Mr. Day believed PIA requests should be handled by the Administration Office.
After further discussion, Resolution No. 1003 passed on a 3-2 vote with Messrs. Day and Scott voting nay.
RESOLUTION NO. 1004 - APPROVING GRANT APPLICATION AND ACCEPTANCE OF FINANCING FOR COMMUNITY LEGACY PROJECTS
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1004. Ms. Deborah Stam addressed Resolution No. 1004 approving the grant application and acceptance of financing for Community Legacy projects financed either directly by the Department of Housing and Community Development of the State of Maryland or through other departments or agencies of the State of Maryland. The application is for funds to complete Phase 2 of the Boundless Playground.
Resolution No. 1004 passed unanimously.
RESOLUTION NO. 1005 - APPROVING RESOLUTION OF SUPPORT FOR SALISBURY NEIGHBORHOOD HOUSING’S COMMUNITY LEGACY GRANT APPLICATION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 1005. Salisbury Neighborhood Housing Service (SNHS) Executive Director Cheryl Meadows presented Resolution No. 1005 approving a Resolution of support for their Community Legacy grant application for approximately $400,000 in acquisition/rehab funding.
After discussing a question raised concerning SNHS providing second mortgages and Ms. Meadows providing an overview of their services and mission, Resolution No. 1005 passed unanimously.
RESOLUTION NO. 1006 - ACCEPTING STATE GRANT FUNDS AWARDED THROUGH THE GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION FOR THE DESIGNATED HOTSPOTS II AREA
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1006. Police Chief Allan Webster introduced Resolution No. 1006 accepting $7,000 in State grant funds awarded through the Governor’s Office of Crime Control and Prevention for the designated HotSpot II area. The funds will be used for overtime expenses, training, the continuation of the Earn-A-Bike program and National Night Out.
Resolution No. 1006 passed unanimously.
RESOLUTION NO. 1007 - ENTERPRISE ZONE ELIGIBILITY - STAPLES THE OFFICE SUPERSTORE EAST, INC.
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 1007. Executive Officer John Pick presented Staples the Office Superstore East, Inc.’s request for Enterprise Zone eligibility. Mr. Pick recommended that Staples, located at 2636 N. Salisbury Blvd., be granted the designation because they have created more than two jobs since locating in the Enterprise Zone.
Resolution No. 1007 passed unanimously.
COMCAST RATE NOTIFICATION - ISSUANCE OF TOLLING ORDER
Finance Director John Cawley recommended that the Council issue a Tolling Order for sixty days to allow sufficient time to analyze Comcast’s rate filings for a possible rate increase in Limited Basic service to $24.22 (maximum permitted rate). The current rate for Limited Basic is $19.75.
On a motion and a second by Mrs. Polk and Mr. Webster, respectively, the Council unanimously approved the issuance of a Tolling Order.
PUBLIC COMMENTS
Highlights of public comments:
• urged everyone to participate in the recycling program;
• no media coverage that Salisbury was the first city in the State to conduct an electronic recycling program – collected over nine tons;
• proposal that would finance curbside electronic recycling in the future at a limited cost for the City;
• voiced concern with HotSpot Programs (i.e., original intent of HotSpot, purpose of various programs, accountability)
• incident in a minority neighborhood which was shown on television (arrest of a drug user) was in poor taste;
• collected over $100,000 in funds and in-kind services for the Bandstand, bricks for $50 each (to be inscribed) will be ordered at the end of September; and
• no smell at sewer plant, no bad streets to ride on and playgrounds well manicured.
MAYOR’S COMMENTS
Mayor Tilghman mentioned the following:
• electronic recycling – press release was issued, an article was done by Public Works Director John Jacobs for the Salisbury Business Journal and was also mentioned it in her comments a few weeks ago; and
• in New York last week with her daughter.
COUNCIL COMMENTS
Mr. Webster
• clarified that Friends of the Bandstand organization was separate from the restoration of the Bandstand by Gillis Gilkerson; and
• complimented Access 26 for their great coverage of Council meetings.
Mr. Scott
• thanked public for coming; and
• appreciated recycling bumper sticker.
Mr. Day
• thrilled to see so many young people in the audience so they could see that the Council could be cordial even while having a difference of opinion; and
• article on electronic recycling was included in the Chamber of Commerce’s newsletter.
Mrs. Polk
• suggestion for Administration to send the press release on electronic recycling to the Maryland Municipal League to be included in their bulletin.
COUNCIL PRESIDENT WRAP-UP
• appreciated all the efforts of the Recycling Task Force in promoting recycling;
• exciting to have all the youth and parents in the audience this evening;
• thanked Daily Times reporter Dan Valentine for bringing a matter before the Open Meetings Compliance Board which will benefit this Council and future Councils;
• questions for upcoming General Election Ballot discussed at Council’s last work session;
• concern with street closings not done properly (i.e., Pemberton Drive); and
• concern with upkeep on some of the City playgrounds (i.e., tall grass, trash).
With no further business, the meeting adjourned at 9:00 p.m.
City Clerk
Council President