CITY OF SALISBURY, MARYLAND
#10 MEETING MAY 27, 2003
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilman Michael Day
Councilwoman Rachel Polk
ABSENT
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., 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. Scott moved to delete the Award of Bids from the agenda. Mrs. Polk seconded and the vote was unanimous. On a motion by Mrs. Polk and seconded by Mr. Day, the agenda as amended was unanimously approved.
APPROVAL OF MAY 6, 2003 SPECIAL MEETING MINUTES
Upon a motion and a second by Mrs. Polk and Mr. Day, respectively, the Special Meeting minutes of May 6, 2003 were unanimously approved.
APPROVAL OF MAY 12, 2003 MINUTES
Mrs. Polk moved to approve the May 12, 2003 minutes. Mr. Scott seconded and the vote was unanimous.
ORDINANCE NO. 1878 - 2ND READING - APPROVING RESIDENTIAL PARKING PERMIT POLICY
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1878 for second reading. Director of Procurement and Parking Carol Turner provided an overview of Ordinance No. 1878 amending Chapter 10.28, Parking Restrictions in Residential Districts, of the Salisbury Municipal Code to provide a policy for distribution, use and enforcement of residential parking permits.
Several residents from the surrounding area voiced their opposition to the proposed legislation (i.e., purchasing visitor permits; complicated process for visiting family members; no consideration for obtaining permits on weekends; no provision for health care situations). A suggestion was made to solicit input from the local neighborhood associations before enacting the legislation. Ms. Michelle Ennis-Ben volunteered to assist as a facilitator in this endeavor.
After further discussion, Mrs. Polk moved to postpone Ordinance No. 1878 for discussion at a future work session. Mr. Scott seconded and the vote was unanimous.
ORDINANCE NO. 1873 - 1ST READING - APPROVING CONTRACT FOR CONDUCTING CITY ELECTIONS
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1873 for first reading. City Clerk Brenda Colegrove introduced Ordinance No. 1873 approving a contract for conducting City elections. Mrs. Colegrove requested amending the Ordinance to reflect the changes recommended by Elections Director Judy Ritter by deleting all reference to the Wicomico County Council, that the Wicomico County Elections Office will not be responsible for petition verification as of August 2, 2003, and that the contract period shall be for one year (July 1, 2003 through June 20, 2004).
Mrs. Polk requested that a member of the Clerk’s Office be in training with the Elections Board in anticipation of the City of Salisbury eventually handling elections.
Mrs. Polk moved and Mr. Scott seconded to amend Ordinance No. 1873 to reflect the changes as recommended above. The amendment passed unanimously. Ordinance No. 1873 for first reading, as amended, passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1879 - 1ST READING - ROBERTSON FARM PDD#1 - PLANNED DEVELOPMENT DISTRICT
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1879 for first reading. Mr. Gary Pusey, Planning and Zoning Department, addressed Ordinance No. 1879 establishing the Robertson Farm Planned Development District (45.4 acres) located on the south side of Old Ocean City Road, both sides of the Northeast Collector Road and the north side of a U.S. Rt. 50 service road. The Planning Commission forwarded a favorable recommendation to the Council for approval of the Preliminary Development Plan and requested reclassification of zoning from R-8A Residential and Light Business and Institutional District to Robertson Farm PDD #1. The Commission’s recommendation included that a Comprehensive Development Plan, including a sign plan, be submitted to the Planning Commission for review and approval for each of the 30 lots in the Robertson Farm PDD #1.
Residents shared their concerns and opposition to the proposed site plan (i.e., number of access points; public safety issues; traffic concerns - connector road between residential area; commercial development rather than residential; questioned need for further commercial development; Planning Commission having final say on development; being turned into a Rt. 13 or a Glen Bernie).
In light of the concerns expressed by the residents, Ms. Siggers suggested postponing the Ordinance for further discussion at a work session. Mrs. Polk voiced her concern with the Planning Commission having the final say on development and concern with the impact of the access points on the neighborhoods.
After further discussion, Mrs. Polk moved to postpone Ordinance No. 1879 for discussion at a work session. The motion died for lack of a second. Ordinance No. 1879 for first reading died for lack of a majority vote. Messrs. Day and Scott voted in favor. Mrs. Polk and Ms. Siggers voted nay.
PUBLIC HEARING - RESOLUTION NO. 955 - OLD OCEAN CITY ROAD-FARLOW FARM ANNEXATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 955. Public Works Director John Jacobs presented Resolution No. 955 proposing to annex 33.5 acres located on the northerly side of Old Ocean City Road. The property, currently zoned R-15 Residential under Wicomico County zoning regulations, would be zoned R-10A Residential upon annexation into the City. Development plans include a 188 townhouse residential development. The developer would be required to oversize the water and sewer mains. It was recommended that the developer complete a traffic analysis prior to development. Subject to referendum, the annexation would become effective July 11, 2003.
Residents related their concerns with adding more traffic on Parker Road. A suggestion was made to impose a charge or tax, in the nature of an impact fee, for a developer to be annexed into the City. Mrs. Polk believed a work session should be scheduled to discuss the possibility of imposing impact fees, particularly at the rate the City is proceeding with annexations.
Ms. Siggers preferred having a traffic study performed prior to Council approving the annexation. She was concerned that annexing this property would create another “pocket” within the parameter of the County which then would lead to Administration pursuing adjacent property owners to be annexed into the City.
Mr. Jacobs clarified that traffic and other impacts (i.e., water and sewer and other infrastructure) would be sorted out through the planning process which has multiple levels of review through Planning and Zoning, as well as Public Works.
The Council took a break at 9:40 p.m. and reconvened at 9:50 p.m.
After further discussion, Mr. Scott moved to postpone Resolution No. 955. Mr. Day seconded and the vote was unanimous.
PUBLIC HEARING - RESOLUTION NO. 956 - W. NAYLOR MILL-INTERFAITH HOUSING ANNEXATION
Upon a motion and a second by Mr. Scott and Mr. Day, respectively, Resolution No. 956 was unanimously postponed.
PUBLIC HEARING - RESOLUTION NO. 957 - ONLEY ROAD-CEDAR CROSSING ADDITION ANNEXATION
Mr. Day moved and Mrs. Polk seconded to approve Resolution No. 957. Public Works Director John Jacobs provided a briefing on Resolution No. 957 annexing 3 acres located on the northerly side of Onley Road. The property would be zoned R-8A Residential upon annexation into the City. Seventeen residential units are planned as an addition to the Cedar Crossing Subdivision. Subject to referendum, the annexation would become effective July 11, 2003.
The Council was asked to give consideration to the impact the development would have on adjacent properties. A suggestion was once again offered for Council to consider charging an impact fee or tax and include it in the annexation Resolution.
After further discussion, including the request by Mrs. Polk for more information on private sewer main extensions, Mr. Scott moved to postpone Resolution No. 957. Mrs. Polk seconded and the vote was unanimous.
RESOLUTION NO. 978 - APPOINTMENT TO ZOO COMMISSION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 978. Mayor Tilghman recommended the appointment of Earl (Ed) Nelson to the Zoo Commission for a term ending December 31, 2003.
Resolution No. 978 passed unanimously.
RESOLUTION NO. 979 - GRANTING TAX DEFERRAL FOR INTERFAITH HOUSING
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 979. Since the tax deferral was tied in with the annexation request, Executive Officer John Pick requested that Council postpone Resolution No. 979. Mrs. Polk moved to postpone Resolution No. 979. Mr. Day seconded and the vote was unanimous.
RESOLUTION NO. 980 - RESOLUTION OF SUPPORT FOR SALISBURY COMMONS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 980. Executive Officer John Pick presented Resolution No. 980 endorsing the development of Salisbury Commons and the project loan financing of $1,500,000.
Resolution No. 980 passed on a 3-1 vote with Ms. Siggers casting the dissenting vote.
PUBLIC COMMENTS
Mr. Rick Della, representing Interfaith Housing, questioned what steps were necessary to obtain approval for his client’s annexation. Mr. Pat Hannon provided a sample lease for Council’s consideration in implementing a Landlord Licensing-Unit Inspection program. Mr. James Trader relayed his comments on the proposed budget and the recycling program.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• presentations provided at the Neighborhood Roundtable meeting;
• looking at recycling ideas for committee to review; and
• follow-up meetings with the neighborhoods over the summer.
COUNCIL COMMENTS
Mr. Scott thanked the public for attending. Mr. Day apologized to Mr. Della for not discussing his annexation request (Interfaith Housing) and clarified a budget request item. Mrs. Polk wished Mr. James Trader and Councilman Webster a speedy recovery.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers acknowledged that Councilman Webster sent his regrets for not being able to attend. At the request of Ms. Siggers, Rev. Dixon offered a prayer on behalf of our country, military and the City of Salisbury.
With no further business, the meeting adjourned at 10:45 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 3, 2003
TIME & PLACE: 4:25 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel matters
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove, Asst. City Clerk Mary Church, Executive Officer John Pick, Finance Director John Cawley, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, Human Resources Director Ed Cox
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At 4:25 p.m., in Room 305 of the City/County Government Building, Mr. Webster moved to convene in Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
After discussing all the issues and arriving at a consensus, Mr. Webster moved to adjourn the closed session at 5:28 p.m. Mr. Scott seconded and the vote was unanimous.
Brenda J. Colegrove Lavonzella Siggers
City Clerk Council President