PRESENT
Mayor Barrie P. Tilghman
Council President William F. Stacey
Council Vice President
Joseph L. Scott
Councilwoman Rachel S. Polk
Councilwoman Lavonzella
Siggers
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Solicitor Paul Wilber, Director
of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director
John Jacobs, Fire Chief Stephen Brezler 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 Stacey called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Council President Stacey announced that a Closed Session would immediately follow the regular meeting to consult with the City Solicitor on pending litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(7)(8).
Mr. Webster moved and Mrs. Polk seconded to adopt the agenda as presented. Ms. Siggers moved to delete the Award of Bids from the agenda since there were no items to be awarded. Mrs. Polk seconded and the amendment passed unanimously.
Ms. Siggers moved to add a Certificate of Appreciation to the agenda (before the approval of the minutes). Mr. Webster seconded and the amendment passed unanimously.
The agenda, as amended, was unanimously approved.
CERTIFICATE OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to Les Lutz for graciously volunteering his services and expertise to make Salisbury a community of lovely parks and beautiful gardens.
APPROVAL OF JANUARY 28, 2002 MINUTES
On a motion by Ms. Siggers and seconded by Mr. Webster, the minutes of January 28, 2002 were unanimously approved.
ORDINANCE NO. 1834 - 2ND READING - REZONING PROPERTY OF THURMAN A. AND PHYLLIS A. MOORE, LOCATED ON THE NORTHERLY SIDE OF ROBERT STREET, FROM R-8 RESIDENTIAL TO OFFICE AND SERVICE RESIDENTIAL
Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1834 for second reading. City Solicitor Paul Wilber briefed Council on rezoning the Thurman A. and Phyllis A. Moore property, located on the northerly side of Robert Street, from R-8 Residential to Office and Service Residential. Mr. Wilber reported that the Moores appealed the City Council's decision to the Circuit Court. The Court found that a mistake in zoning occurred in 1983 when the property was rezoned from Commercial to R-8 Residential, that there was no economically viable use of the property in a R-8 zone, and ordered the Council to rezone the property to Commercial or Office and Service Residential.
Mr. Webster did not believe that a mistake was ever made although the Circuit Court saw differently. In Ms. Siggers opinion, the Council was coerced by a Court Order to change their position on the rezoning. Mrs. Polk pointed out that the City would be discussing new legislation this evening to ensure that the neighborhoods bordered by Office Service Residential are protected from commercial development.
After further discussion, Ordinance No. 1834 for second reading passed unanimously.
ORDINANCE NO. 1837 - 2ND READING - ADDING §10.28.040, TOWING OF VEHICLES IN RESTRICTED PARKING AREA ON SMITH STREET, TO THE SALISBURY MUNICIPAL CODE
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1837 for second reading. Director of Procurement & Purchasing Carol Turner addressed Ordinance No. 1837 which adds a new section, §10.28.040 to the Salisbury Municipal Code, permitting the towing of motor vehicles on Smith Street.
Ordinance No. 1837 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1838 - 1ST READING - TEXT AMENDMENT, SECTION 17.84 - OFFICE AND SERVICE RESIDENTIAL DISTRICT - TO DELETE SEVERAL ITEMS PERMITTED INHERENTLY OR BY SPECIAL EXCEPTION IN THE DISTRICT
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1838 for first reading. Mrs. Gloria Smith, from the Department of Planning and Community Development, related that the Planning Commission held a public hearing on January 17, 2002 and forwarded a favorable recommendation for adoption of the following amendments to the Salisbury Municipal Code:
Delete the following items from §17.84.020 (Permitted Uses):
A. Apartment units within a building with an office or service use, in accordance with Chapter 17.168
J. Publicly operated buildings and uses of a recreational, cultural, educational, social and utility nature
K. School of general instruction, in accordance with Chapter 17.220
Delete the following from §17.84.030 (Uses Permitted by Special Exception)
B. Printing and reproduction shop not to exceed two thousand (2,000) square feet of floor area.
Mrs. Smith reported that the Commission considered the existing Office and Service Residential Districts in the City and their predominant uses. They concluded that permitting apartments by special exception, which requires review and approval by the Salisbury Board of Zoning Appeals, would provide sufficient protection to the affected neighborhoods and recommended retaining apartments by special exception in the district.
Mr. Webster moved to amend Ordinance No. 1838 by deleting §17.84.030 (Uses Permitted by Special Exception) in its entirety. He preferred not allowing apartment buildings at all in Office Service Residential in order to protect the existing neighborhoods. Mr. Scott seconded the motion and the amendment passed unanimously.
Mr. Bruce Ruark voiced his concern with deleting apartments as uses permitted by special exception since the Office and Service Residential Districts were already developed with apartments, along with residential and office uses. In his opinion, Council was almost making it a residential district.
After further discussion, Ordinance No. 1838 for first reading, as amended, passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1839 - 1ST READING - TEXT AMENDMENT, SECTION 17.76 - LIGHT INDUSTRIAL DISTRICT - TO ADD PETROLEUM AND PROPANE STORAGE AS USES PERMITTED BY SPECIAL EXCEPTION AND AMEND THE SECTION 17.220 - SPECIAL DEVELOPMENT STANDARDS
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1839 for fist reading. Mrs. Gloria Smith reported that the Planning Commission held a public hearing on Aero Energy's request to amend Section 17.76, Light Industrial District, of the Salisbury Municipal Code. The Commission forwarded a favorable recommendation to amend the Code as follows:
Add the following to §17.72.020B (Uses Permitted by Special Exception)
5. Petroleum and propane storage and distribution on a minimum of three (3) acres.
Add the following to §17.220.040 (Special Development Standards Chart)
Landscaped Area (LA);
Screening (S);
Use
Setback Any
Combination (AC)
Fencing
Lighting
Petroleum
75 feet from all
6- to 8- foot solid
Same
and
property lines for
fence or wire
Propane
all storage tanks
With slat inserts
Storage
and
Distribution
Fire Chief Stephen Brezler expressed concern with the same setback requirement for both petroleum and propane and the risk it proposed to the surrounding areas. Overall, he was not opposed to the project, but work needed to be done between the developer and the Fire Department to ensure protection would be provided.
Mrs. Polk believed this should have been discussed in a work session first. As a Council, they had not looked at below and above ground storage of petroleum and propane. She pointed out that Council was not approving a specific plan, but a text amendment that affects all sites in a Light Industrial District. In her opinion, allowing a petroleum and propane storage by special exception in a Light Industrial was redefining the purpose of a Light Industrial District and becomes compatible with an Industrial District.
Ms. Siggers moved to postpone Ordinance No. 1839 in order for Council to discuss further at a work session. Mr. Scott seconded the motion.
Mr. Wayne Wagner of Aero Energy, referred to the safeguards that would be provided for this project and stated that there was ample space to satisfy the setback regulations. In his thirty years of business, they had not experienced any major problems with propane and opined that propane was safer than gasoline.
After further discussion, all voted in favor of postponing Ordinance No. 1839.
PUBLIC HEARING - RESOLUTION NO. 812 - VALLEYWOOD DRIVE/WANNER PROPERTY ANNEXATION (NORTHWEST CORNER OF GLEN AVENUE AND VALLEYWOOD DRIVE)
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 812. Resolution No. 812, as outlined by Public Works Director John Jacobs, annexes .54 acres of property located on the northwesterly side of the intersection of Glen Avenue and Valleywood Drive. Upon annexation into the City, the property would be zoned R-10 Residential. After a forty-five day waiting
period, the annexation would become effective on March 28, 2002. Water and sewer has already been connected due to the property's failing septic system.
Resolution No. 812 passed unanimously.
RESOLUTION NO. 819 - ACCEPTING GIFT OF $5,000 (STATE HIGHWAY ADMINISTRATION GRANT) TO PROVIDE TRAINING TO THE SALISBURY FIRE DEPARTMENT PARAMEDIC STAFF IN RAPID SEQUENCE INTUBATION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 819. Fire Chief Stephen Brezler introduced Resolution No. 819 accepting a $5,000 State Highway Administration grant to provide training to the Salisbury Fire Department's paramedic staff in rapid sequence intubation.
Resolution No. 819 passed unanimously.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
*
Tuesday, February 12, 2002, 7:00 p.m., at Bethany Lutheran Church - informational
meeting concerning the Waste Water Treatment Plant and the quality of water
in the Wicomico River;
*
Tuesday, February 12, 2002, 11:00 a.m. to 1:00 p.m. - Johns Hopkins, from
the Department of Housing & Community Development, meeting with the
Chamber of Commerce and members of the community;
*
announcement on Thursday, February 14, 2002, by United Way as to which
city won the trash truck competition;
*
SWED holding meeting this week concerning the development of business parks
and how to utilize airports for economic development;
*
February 19, 2002 - Rt. 13 meeting at 7:00 p.m.;
*
February 17, 2002, 4:00 p.m. at the Chipman Center - budget public hearing
for citizen input;
*
Neighborhood Roundtable meeting next week;
*
Compact meetings will be starting back up;
*
Strategic planning in the neighborhoods; and
*
attendance at Mayors Association Meeting in Annapolis last week.
COUNCIL COMMENTS
Ms. Siggers commented on her serving on the Maryland Municipal League's Legislative Committee. Ms. Siggers also referred to and agreed with Mr. Webster's comments on encouraging residents to stay up-to-date on regulations and being involved in their neighborhood.
Mr. Scott believed the City had a challenging year ahead and they needed the citizens input and support.
Mr. Webster encouraged the public to attend the meeting at Bethany Lutheran Church on Tuesday evening.
Mrs. Polk, who serves on the Maryland Municipal League's Communication Committee, commented on some of the projects being sponsored by the League. Mrs. Polk stated her concern for the abandoned gas stations and reiterated that she wanted a comprehensive look at what is above and below ground to ensure the quality of life in our community is protected.
PUBLIC COMMENTS
Ms. Angela Ackerson addressed the quality of life issues affecting her neighborhood and the numerous calls to the police department to respond to those complaints.
Members of the Salisbury Branch of American Association of University of Women attended the Council meeting as one of their projects.
With no further discussion, the meeting adjourned at 8:28 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
FEBRUARY 11, 2002
TIME & PLACE:
8:28 p.m., Room 301, City/County Government Building
PURPOSE:
Consult with legal counsel on pending litigation
VOTE TO CLOSE:
Unanimous
CITATION:
Annotated Code of Maryland Section 10-508(a)(7)(8)
PRESENT:
Council President William Stacey, Council Vice President Joseph Scott,
Councilwoman Rachel Polk, Councilwoman Lavonzella Siggers,
Councilman C. T. Webster, City Clerk Brenda Colegrove,
City Solicitor Paul Wilber, Public Works Director John Jacobs
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At 8:28 p.m. in Room 301 of the City/County Government Building, Mr.
Scott moved to convene in Closed Executive Session for the purpose of meeting
with the City Solicitor on a pending litigation matter as permitted under
the Annotated Code of Maryland Sections 10-508(a)(7)(8). Mr. Webster seconded
and the vote was unanimous.
City Solicitor Paul Wilber updated the Council on the litigation cases and provided a recommendation to settle one of the issues. After discussion, the Council directed Mr. Wilber to proceed as recommended on the first issue. The Council will be informed when further developments arise on the second issue.
At 8:45 p.m., upon a motion and a second by Mrs. Polk and Mr. Scott,
respectively, the Council unanimously voted to adjourn the closed session.
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City Clerk
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Council President