#10 MEETING MAY 13, 2002
PRESENT
Mayor Barrie P. Tilghman
Council President C. T. Webster
Council Vice President
Joseph L. Scott
Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers
ABSENT
Councilman William F. Stacey
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City
Solicitor Paul Wilber, Finance Director John Cawley, Building, Housing
& Zoning Director William Holland, 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 (Mayor Tilghman arrived at 8:00 p.m.). Council President Webster called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mrs. Polk moved and Ms. Siggers seconded to approve the agenda. Ms. Siggers moved to amend the agenda by removing the Award of Bids and adding Resolution No. 843, assisting the Town of La Plata, MD, after the approval of the April 22, 2002 minutes. Mrs. Polk seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF APRIL 22, 2002 MINUTES
On a motion by Mrs. Polk and seconded by Ms. Siggers, the minutes of April 22, 2002 were unanimously approved.
RESOLUTION NO. 843 - APPROVING AND AUTHORIZING THE DEPARTMENT OF PUBLIC WORKS TO ASSIST THE TOWN OF LA PLATA, MARYLAND IN REMOVAL AND CLEAN-UP OF TORNADO DAMAGE
Mr. Scott moved and Mrs. Polk seconded to approve Resolution No. 843. Resolution No. 843, as presented by Executive Officer John Pick, authorizes the Public Works Department to provide personnel and equipment to the Town of La Plata, Maryland for the removal and clean-up of tornado damage up to a total expenditure of $2,000.
Resolution No. 843 passed unanimously.
ORDINANCE NO. 1846 - 2ND READING - AMENDING §1.16.100C OF THE SALISBURY MUNICIPAL CODE TO INCREASE THE FINES FOR VIOLATION OF BUILDING AND ZONING CODES
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1846 for second reading. Director of Building, Housing and Zoning William Holland provided a brief overview of Ordinance No. 1846 which increases the fines for violation of building and zoning codes. The penalty for a violation shall not exceed $250.00 for each initial offense and shall not exceed $500.00 for each repeat offense.
Ordinance No. 1846 for second reading passed unanimously.
ORDINANCE NO. 1847 - 2ND READING - BUDGET AMENDMENT TO DEPOSIT $5,380 IN INSURANCE MONEY, AWARDED BY THE MARYLAND AUTOMOBILE INSURANCE FUND, AND TO TRANSFER $16,000 TO FUND THE PURCHASE OF A REPLACEMENT ANIMAL CONTROL VEHICLE
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1847 for second reading. Capt. Sandy Willey explained that Ordinance No. 1847 amends the budget to provide for the deposit of $5,380 from the Maryland Automobile Insurance Fund and the transfer of $16,000 to fund the purchase of a new animal control vehicle (replace the vehicle damaged in an accident).
Ordinance No. 1847 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1839 - 1ST READING - AMENDING CHAPTER 17.76, LIGHT INDUSTRIAL DISTRICT, OF THE SALISBURY MUNICIPAL CODE TO PERMIT PETROLEUM AND PROPANE STORAGE BY ORDINANCE PERMIT AND CHAPTER 17.220, SPECIAL DEVELOPMENT STANDARDS
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1839 for first reading. Mrs. Gloria Smith, Planner from the Planning & Zoning Department, introduced Ordinance No. 1839. Mrs. Smith explained that the original request was to amend the Code to permit petroleum and propane storage by Special Exception. Due to the number of concerns expressed at the February 11, 2002 public hearing, the request was postponed by the Council for further study and review. Since that time, several meetings were held with the Fire Department staff, Planning and Zoning staff, and Building, Housing and Zoning staff regarding the proposal, as well as two work sessions with the City Council.
As a result of the meetings, §17.76.010 (purpose of the Light Industrial District) will be amended to include that uses which are explosive, toxic, or otherwise hazardous may be permitted by Ordinance Permit. Additional changes include:
add: C. Petroleum and Propane Storage and Distribution on a minimum site of three (3) acres.
Landscaped Area (LA);
Screening (S);
Use
Setback
Any Combination (AC)
Fencing
Lighting
Petroleum
75 feet from all
6-8 foot solid
Same
and
property lines for
fence or wire
Propane
all storage tanks
with slat inserts
Storage
and
Distribution
A discussion ensued on the suggestion to include language in the Ordinance to prohibit the use of petroleum and propane storage over the Paleo Channel. Ms. Siggers moved to include language in the Ordinance to reflect that petroleum and propane storage cannot be established over the Paleo Channel. The motion died for lack of a second.
Mrs. Corinne Les Callette, Chairman of the Salisbury/Wicomico County Planning and Zoning Commission, reported that the City Code allows underground storage over the Paleo Channel. However, the Planning Commission has asked that the City of Salisbury and the Town of Delmar consider amending their zoning code to prohibit underground storage over the Paleo Channel.
City Attorney Paul Wilber recommended that one comprehensive zoning amendment to the Code be made if Council wished to restrict above or underground storage over the Paleo Channel. Since this particular location of Aero Energy's was not over the Paleo Channel, Mr. Wilber advised that the Council could move forward with Ordinance No. 1839.
Executive Officer John Pick reported that the Planning and Zoning staff is in the process of drafting an ordinance to address this issue. The County, the City of Salisbury and the Town of Delmar will be asked to adopt the same ordinance provisions with regard to the Paleo Channel rather than three separate provisions.
After further discussion, Ordinance No. 1839 for first reading passed unanimously.
RESOLUTION NO. 839 - APPROVING THE SUBMITTAL OF A MANAGEMENT PLAN FOR THE CERTIFICATION OF THE LOWER EASTERN SHORE HERITAGE AREA AS A CERTIFIED MARYLAND HERITAGE AREA
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 839. Mr. Robert Withey addressed Resolution No. 839, approving and authorizing the submittal of a Management Plan for the certification of the Lower Eastern Shore Heritage Area as a Certified Maryland Heritage Area. Upon approval by the Maryland Heritage Areas Authority, the City would amend the City's Comprehensive Plan.
Mrs. Polk moved to amend the language in the last Whereas paragraph (second line) to change County to City and County's to City's, and to change County to City in the Now, Therefore Be It Resolved paragraph (fifth line). Ms. Siggers seconded and the amendment passed unanimously.
Resolution No. 839, as amended, passed unanimously.
RESOLUTION NO. 840 - ACCEPTING THE GIFT OF A BRONZE HERON SCULPTURE FROM THE LOWER SHORE HERB SOCIETY FOR THE HERB GARDEN IN THE SALISBURY ZOO
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 840. Zoo Director Jim Rapp presented Resolution No. 840 accepting the gift of a bronze heron sculpture valued at $6,000 from the Lower Shore Herb Society for installation in the Herb Garden in the Salisbury Zoological Park.
Resolution No. 840 passed unanimously.
RESOLUTION NO. 841 - RESOLUTION OF SUPPORT FOR THE PURCHASE AND REHABILITATION OF PEMBERTON MANOR APARTMENT COMPLEX
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 841. Executive Officer John Pick introduced Resolution No. 841, a resolution of support for the purchase and rehabilitation of the Pemberton Manor Apartment Complex. Mr. Pick noted that the resolution of support does not commit the City to any financial contribution for this project.
Messrs. Brian Lopez and Bill Hazelhurst explained Osprey Property Group's plans for the renovation of the apartment complex.
Resolution No. 841 passed unanimously.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to David Larmore for exhibiting exceptional ability and determination in entering or re-entering the workplace, serving as a model to other persons with disabilities, and being selected as a co-winner of the Outstanding Marylander Award.
Mayor Tilghman also presented a Certificate of Appreciation to Wal-Mart Supercenter #2931 for being selected as the winner of the Chester A. Troy Employer of the Year Award in recognition of their efforts to promote employment opportunities for qualified individuals with disabilities.
PROCLAMATION PROCLAIMING "EMERGENCY MEDICAL SERVICES WEEK"
Mayor Tilghman read a proclamation proclaiming May 19-25, 2002 as "Emergency Medical Services Week" in the City of Salisbury
RESOLUTION NO. 842 - ADOPTING A LEASE AGREEMENT BETWEEN THE CHIPMAN FOUNDATION, INC. AND THE CITY OF SALISBURY FOR A PARKING LOT
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 842. Ms. Deborah Stam provided a brief overview of the lease agreement between The Chipman Foundation, Inc. and the City of Salisbury to provide parking for a playground owned by the City of Salisbury. The City will lease the premises for twenty-five years for $1.00 per year with an automatic option to renew the lease for up to three successive terms of five years each.
Resolution No. 842 passed unanimously.
MANUFACTURING EXEMPTION REQUEST - RELCOMM TECHNOLOGIES, INC.
Mrs. Polk moved and Ms. Siggers seconded to approve the manufacturing request of RelComm Technologies, Inc. Finance Director John Cawley recommended that RelComm be granted an exemption from personal property tax for equipment purchased in 2000. Over the next five years, RelComm would save $1,360 in personal property tax.
The manufacturing exemption request for RelComm Technologies, Inc. was unanimously approved.
MAYOR'S COMMENTS
No comments.
COUNCIL COMMENTS
Mrs. Polk thanked the public for attending and participating. Mr. Scott voiced that he was looking forward to some changes in the Mayor and Council for the benefit of the City. Ms. Siggers was happy with the election and the democratic process, and hoped that the City would begin to move forward in a more productive and harmonious manner.
PUBLIC COMMENTS
No comments.
COUNCIL PRESIDENT WRAP-UP
Mr. Webster mentioned that the Council was in the middle of the budget process.
With no further discussion, the meeting adjourned at 8:35 p.m.
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City Clerk
______________________
Council President