CITY OF SALISBURY, MARYLAND
#23 MEETING NOVEMBER 25, 2002
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Councilman C. T. Webster (arrived 7:05 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, C.P.M., CPPB, and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman
******************************************************************************
CONVENING - ADOPTION OF AGENDA
The City 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.
Mrs. Polk moved to amend the agenda by moving the Council Comments section up on the agenda (after Public Comments). Mr. Scott seconded and the vote was unanimous. The agenda, as amended, was unanimously approved on a motion and a second by Mrs. Polk and Mr. Scott, respectively.
PUBLIC COMMENTS
Citizens attending the meeting commented on the efforts to clarify the Charter for consistency,
4-2 text amendment (proponents and opponents), recent newspaper articles, and the recall efforts.
COUNCIL COMMENTS
Mr. Webster thanked Access 26 for their public service, provided a status report on the City Park Bandstand efforts, suggested saving taxpayer money by waiting until the November 2003 City Election instead of having a recall, and complimented the mayor and her staff for their follow-up on the concern with the condemned house located on the corner of Rt.13 and Church Street.
Mr. Scott mentioned that he will continue his efforts to protect the neighborhoods for the people who reside there.
Mrs. Polk addressed “serving at the pleasure of” terminology, nonpayment of a bill to Assistant City Solicitor hired for the Council, Charter section referencing emergency appropriations, and items expended from City Attorney budget account.
Ms. Siggers commented on the inaccuracies appearing in The Daily Times, check signing issue, and the petition drive.
CERTIFICATES OF APPRECIATION
In the absence of Mayor Tilghman, Council President Lavonzella Siggers presented Certificates of Appreciation to the following members of the Salisbury Police Department in recognition of their personal sacrifices and contributions to their community and country while serving on active duty after the September 11, 2001 tragedy:
Police Lieutenant David Meienschein Police Officer Howard Drewer
Police Officer Richard Engle Police Officer Michael Long
Police Officer Danny Parsons Police Officer Michael Porta
Police Officer Stephen Schweikert Police Officer Brian Whitman
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. The following items were presented for approval by Director of Procurement and Parking Carol Turner:
1. Analytical Balance - WWTP (601-4101-533.70-30; Unbudgeted Capital . . . . . . $2,303.64
Fisher Scientific
2. Contract No. 3-02-S&W, Change Order No. 1. . . . . . . . . . . . . . . . . . . . . . . . . -$13,019.88
Emerson Avenue W&S & Whittier Drive Water
(601-4105-532.70-23; 601-3705-532.70-22)
American Paving Corporation
The above items were unanimously approved.
APPROVAL OF NOVEMBER 12, 2002 MINUTES
On a motion and a second by Mr. Webster and Mrs. Polk, respectively, the minutes of
November 12, 2002 were unanimously approved.
APPROVAL OF SPECIAL MEETING MINUTES OF NOVEMBER 14, 2002
The Special Meeting minutes of November 14, 2002 were unanimously approved upon a motion by Mr. Scott and seconded by Mr. Webster.
ORDINANCE NO. 1864 - 2ND READING - ZONING TEXT AMENDMENT TO AMEND THE DEFINITION OF A “FAMILY” AS IT RELATES TO MULTI-FAMILY DWELLINGS/DISTRICTS
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1864 for second reading. Mrs. Gloria Smith reintroduced Ordinance No. 1864 amending the definition of a “family” as it relates to multi-family dwellings/districts which increases the number of occupants permitted in multi-family developments from three to four.
Mr. Webster recommended the following amendments to Ordinance No. 1864:
• Section 17.04.120, Definitions
17.04.120A2 to read: “Two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit.”
17.04.120A3 to read: “Except as otherwise provided herein, not more than three persons in an attached or apartment dwelling unit or four persons in a detached dwelling unit, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit.”
17.04.120A4 to read: “In any district other than an R-5, R-8 or R-10 District, in an apartment or any attached dwelling unit, except a townhouse or duplex dwelling, the maximum shall be the following number of unrelated persons not including the children of either of them:
Two In an efficiency or one bedroom unit;
Three In a unit having two or more bedrooms, or;
Four In any unit constructed after (effective date of this ordinance to be
inserted), 2002, having two or more bedrooms, if the entire parcel
or tract of land on which it is located complies with the off-street
parking requirement in effect when it was completed.”
• Section 17.168, Apartment Standards
17.168.050.E1a to read: “Except as otherwise provided herein, a minimum of one and one-half (1 & ½) off-street parking spaces per dwelling unit, plus twenty (20) percent of the total for guest parking shall be provided, except for apartment buildings for the housing of the elderly and handicapped.”
17.168.050.E1b to read: “For apartment projects and attached dwelling units, except a townhouse or duplex dwelling, constructed after (effective date of this ordinance to be inserted), 2002, a minimum of two (2) off-street parking spaces for efficiency, one bedroom and two bedroom dwelling units, and three (3) off-street parking spaces for each dwelling unit containing three or more bedrooms, plus twenty (20) percent of the total for guest parking shall be provided.”
• 17.196.030 to read as follows:
“Apartment development 1 & ½ spaces for each dwelling unit constructed
prior to (effective date of this ordinance to be
inserted), 2002, plus 20%, of total for guest parking
Apartment Developments 2 spaces for each efficiency, one bedroom or two
Constructed after (effective date bedroom dwelling unit and 3 spaces for each
of this ordinance to be inserted), dwelling unit containing three bedrooms or more
2002: plus 20%, of total for guest parking.”
Mrs. Polk moved to amend Ordinance No. 1864 to include the amendments as recommended by Mr. Webster. Mr. Webster seconded and the amendments passed unanimously. Ordinance No. 1864, as amended on second reading, was unanimously approved.
ORDINANCE NO. 1865 - 2ND READING - AUTHORIZING GENERAL OBLIGATION BONDS TO BE ISSUED TO FINANCE (INCLUDING THE REIMBURSEMENT OF) COSTS OF THE WASTEWATER TREATMENT PLANT BNR UPGRADE
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1865 for second reading. Finance Director John Cawley addressed Ordinance No. 1865 authorizing the issuance of General Obligation Bonds, in an aggregate principal amount not to exceed $28 million, to finance the costs of the Wastewater Treatment Plant BNR upgrade.
Ordinance No. 1865 for second reading passed unanimously.
PUBLIC HEARING- ORDINANCE NO. 1866 - 1ST READING - TEXT AMENDMENT, SECTION 17.156, R-5 AND R-8 RESIDENTIAL DISTRICTS, TO PERMIT A STUDIO BY SPECIAL EXCEPTION
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1866 for first reading. Mrs. Gloria Smith introduced Ordinance No. 1866 as a text amendment to Section 17.156, R-5 and R-8 Residential Districts, to permit a studio by special exception. The Planning Commission held a public hearing on October 17, 2002 on David and Maria Cook’s request to amend the text of the Salisbury Municipal Code in order for them to establish an art/ceramics studio in their home at 1226 North Division Street. A favorable recommendation was forwarded by the Planning Commission to permit by special exception these activities in the R-5 and R-8 Residential Districts. It would allow studio activities on a case-by-case basis with approval by the Board of Zoning Appeals so that neighborhood impacts would be minimized. Mrs. Smith pointed out that the property was large enough to accommodate parking.
According to Mr. and Mrs. Cook, the hours of operation would be from 1:00 to 3:00 p.m. for home school children and would begin around 5:00 p.m. for those children in public school. Between 20-25 children are anticipated. They had originally intended to apply for a rezoning, but it would have been a more costly and difficult process, so they went with the recommendation of the Planning staff and Planning Commission.
In order to request a rezoning of the property, Mrs. Smith explained that the Cooks would have to prove that there was a significant change in the character of the neighborhood since 1983 or that there was a mistake to zone it R-8 Residential in 1983. In viewing the map, Mrs. Smith opined that it would be difficult to prove.
Comments received from the public included
• great idea and hoped Council could find another way to make it work;
• concept would be an enhancement for the children;
• supported the project – already other businesses in that area;
• illustrates why we need rezoning on a city-wide basis;
• opined that the property could be rezoned on spot basis - seemed to have been a mistake in the 1983 zoning;
• suggested imposing statutory limitations (i.e., limiting hours of operation, could only be done by owner occupant of the property); and
• could also do by Ordinance Permit instead of Special Exception.
Even though the Cook’s operation was scaled down as was originally planned, Mrs. Polk viewed this as a commercial enterprise in a single-family area which caused her concern. In addition, this amendment impacted the entire city, not just this particular property. Mr. Day preferred passing the Ordinance on first reading and Council could consider other items to be included before the second reading. Mr. Webster also suggested passing the Ordinance for first reading and include it on the next work session for further discussion. Ms. Siggers noted that this project may also generate more traffic and agreed that a work session was prudent.
After further discussion, Ordinance No. 1866 for first reading passed on a 4-1 vote with Mrs. Polk casting the nay vote.
RESOLUTION NO. 909 - APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN CHESAPEAKE SHIPBUILDING AND THE CITY OF SALISBURY
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 909. Public Works Director John Jacobs provided a briefing on Resolution No. 909 approving a Memorandum of
Understanding with Chesapeake Shipbuilding and the City on repairs and dredging of the Mitchell Pond outfall (east basin).
Resolution No. 909 passed unanimously.
RESOLUTION NO. 910 - APPROVING MEMORANDUM OF AGREEMENT BETWEEN BAY STAR CRUISE LINES AND THE CITY OF SALISBURY
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 910. Executive Officer John Pick presented Resolution No. 910, approving a Memorandum of Agreement with Bar Star Cruise Lines for the operation of river cruises from the Port of Salisbury Marina, and summarized the terms of the agreement Mr. Pick pointed out that the official name of the company was Bay Cruise Lines LLC so the documents would have to be amended to reflect that change. Mr. Pick reported that Mr. Frank Hanna (owner of Brew River Restaurant) expressed a concern with the proposal as it pertains to the Disposition Agreement he negotiated with the City in 1999.
A discussion ensued concerning whether the Disposition Agreement with Mr. Frank Hanna prohibited Bay Cruise Lines LLC from operating a tour boat business from the Marina. After receiving testimony from both parties, and former Councilman Robert Cannon, Messrs. Day, Scott and Webster believed Mr. Hanna’s contract should be honored. Mrs. Polk expressed concern with a liability issue in respect to free enterprise (contract was very specific about another restaurant, but not on tour boats). Ms. Siggers believed this issue should be discussed further at a work session.
Resolution No. 910 failed to pass on a 0-3 vote. Mrs. Polk and Ms. Siggers abstained.
RESOLUTION NO. 911 - APPROVING ANNEXATION INCENTIVE POLICY
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 911. Executive Officer John Pick reviewed Resolution No. 911 adopting an annexation policy to serve as a guide in encouraging property owners to annex their properties to the City.
After discussion, including questioning whether there was adequate public knowledge and understanding of the proposed incentives, Mrs. Polk moved to postpone Resolution No. 911 until the first regular Council meeting in January. Mr. Webster seconded and the vote was unanimous.
RESOLUTION NO. 912 - EXPRESSING THE CITY COUNCIL’S SUPPORT OF A TAX DIFFERENTIAL AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR TAX DIFFERENTIAL
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 912. Finance Director John Cawley addressed Resolution No. 912 expressing the Council’s support of a tax differential and authorizing submitting a request to Wicomico County for a tax differential.
Resolution No. 912 passed unanimously.
RESOLUTION NO. 913 - ACCEPTING ANNEX BUILDING AT FIRE STATION #1
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 913. Fire Chief Steve Brezler presented Resolution No. 913 accepting the gift of Station #1 Annex for the Salisbury Fire Department.
Resolution No. 913 was unanimously approved.
With no further business, the meeting adjourned at 11:10 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
NOVEMBER 25, 2002
TIME & PLACE: 11:12 p.m., Room 301 - City/County Government Building
PURPOSE: Personnel matter
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, Executive Officer John Pick, City Solicitor Paul Wilber
******************************************************************************
At 11:12 p.m. in Room 301 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Webster seconded and the vote was unanimous.
After discussion of the issue, no consensus was reached. On a motion by Mrs. Polk and seconded by Mr. Scott, the closed session adjourned at 11:25 p.m.
City Clerk
Council President