CITY OF SALISBURY, MARYLAND
#3 MEETING FEBRUARY 9, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs, Finance Director John Cawley, Fire Chief David See, Major Jeff Livingston - Salisbury Police Department, Planning and Zoning Director Jack Lenox, 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 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited. On a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively, the agenda as presented was unanimously approved.
APPROVAL OF JANUARY 26, 2004 MINUTES
The January 26, 2004 minutes were unanimously approved on a motion by Mrs. Cathcart and a second by Mr. Day.
ACCESS 26 PRESENTATION
Ms. Betty Crockett and Mr. Mike Goodson, representing Access 26, presented a Resolution in honor of the late Councilman C. T. Webster for his service to the Access 26 Board of Directors. Mr. Webster’s son, Richard, accepted the Resolution on behalf of his father.
PUBLIC HEARING - ORDINANCE NO. 1898 - 2ND READING - FY04 COMMUNITY DEVELOPMENT ASSOCIATION (CDA) BOND ISSUE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1898 for second reading. Finance Director John Cawley presented Ordinance No. 1898 enabling the City to borrow a maximum of $5,350,000 for the following projects:
Construction of a new Fire Headquarters $4,000,000
Isabella Street Shoreline Protection Project 450,000
Fire Ladder Aerial Truck Purchase 750,000
Issuance costs 150,000
$5,350,000
No public comments were received. Ordinance No. 1898 for second reading passed unanimously.
ORDINANCE NO 1891 - 2ND READING - BUDGET AMENDMENT TRANSFERRING FUNDS FOR LEGAL FEES FROM THE MAYOR’S OFFICE TO BUILDING, HOUSING AND ZONING AND PUBLIC WORKS
Mrs. Cathcart moved and Mr. Day seconded to approve Ordinance No. 1891 for second reading. Executive Officer John Pick presented Ordinance No. 1891 transferring $20,000 from the Mayor’s Office legal budget to the Building, Housing and Zoning and Public Works legal budgets ($10,000 each) to cover legal expenditures through the remainder of the fiscal year.
Ordinance No. 1891 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1895 - 2ND READING - TEXT AMENDMENT - SECTION 17.04.120, DEFINITIONS - FAMILY, TO CREATE A NEW SECTION EXCLUDING STUDENT HOUSING DEVELOPMENTS FROM THE DEFINITION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1895 for second reading. Planning and Zoning Director Jack Lenox addressed Ordinance No. 1895, a text amendment to Section 17.04.120, Definitions-Family, of the Salisbury Municipal Code. The text amendment creates a new section exempting certain student housing developments from the “two unrelated persons” limitation adopted in December 2002. Cedar Crossing, a college-oriented rental unit development owned by Donnie Williams, would be excluded from the two unrelated persons limitation. Mr. Lenox reported that Cedar Crossing is the only project meeting the criteria.
Mr. Mark Tilghman and Mr. Robert Taylor voiced their concern with the exemption. In their opinion, the way to correct the situation was through a rezoning (i.e., College University District) or create a new district.
After further discussion, Ordinance No. 1895 for second reading passed unanimously.
ORDINANCE NO. 1896 - 1ST READING - BUDGET AMENDMENT FOR VARIOUS PUBLIC WORKS GENERAL FUND ITEMS
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1896 for first reading. Public Works Director John Jacobs introduced Ordinance No. 1896 amending the FY04 budget by appropriating $148,600 from the Current Surplus Available Account for the following:
Vehicle repair (sanitation vehicle and street sweeper) $ 52,500
Overtime labor costs (due to Hurricane Isabel) 45,400
Zoo fence and exhibit damage (due to Hurricane Isabel) 3,300
Landfill tipping fees for disposal of storm related vegetative 10,800
materials
Equipment purchases due to Hurricane Isabel (small tools) 8,000
Equipment rental due to Hurricane Isabel 3,600
Salary funding for temporary zookeeper 5,000
Zoo security 20,000
$148,600
Ordinance No. 1896 for first reading passed unanimously.
ORDINANCE NO. 1897 - 1ST READING - BUDGET AMENDMENT FOR VARIOUS PUBLIC WORKS WATER AND SEWER FUND ITEMS
Mrs. Cathcart moved and Mr. Day seconded to approve Ordinance No. 1897 for first reading. Ordinance No. 1897, as presented by Public Works Director John Jacobs, amends the FY04 budget by appropriating $13,500 from the Water Fund Budget Current Surplus Available Account and $38,500 from the Sewer Fund Budget Current Surplus Available Account for overtime labor costs and for replenishing equipment, facility and labor accounts expended in response to Hurricane Isabel.
Ordinance No. 1897 for first reading passed unanimously.
RESOLUTION NO. 1076 - IMPLEMENTING TRAFFIC CONTROL IMPROVEMENTS ON ISABELLA STREET, N. DIVISION STREET, MILL STREET AND W. CHESTNUT STREET
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1076. Public Works Director John Jacobs provided an overview of the proposed changes contained in Resolution No. 1076 for implementing the following traffic control improvements:
• Change the Isabella Street/N. Division Street traffic signal from phased green-yellow-red operation to a flashing red 4-way stop (or bag the traffic signal lights) and place STOP signs at all four approaches and not remove the traffic signalization equipment from this location until after the intersection operates as a 4-way stop for a period of one year to verify, via a follow-up warrant analysis, removal of said equipment is or is not warranted;
• Change the Isabella Street/Mill Street intersection from one-way stop (northbound Mill Street) operation to a flashing red 3-way stop and place STOP signs at all three approaches;
• Remove the 20-foot wide restriction to Isabella Street eastbound traffic (at Mill Street) on March 15, 2004;
• Remove the NO LEFT TURN sign posted for Mill Street southbound traffic (at Chestnut Street) on March 15, 2004; and
• Install regulatory selective exclusive signs - NO TRUCKS OVER 3/4 TON EXCEPT LOCAL DELIVERIES
► On westbound approach of Isabella Street at its intersection with Route 13
► On eastbound approach of Isabella Street at its intersection with Mill Street
► On northbound approach of N. Division Street at its intersection with Route 50
► On southbound approach of N. Division Street at its intersection with Baltimore Avenue.
All voted in favor of Resolution No. 1076 with the exception of Mr. Day’s abstention.
RESOLUTION NO. 1077 - ESTABLISHING DATE FOR A PUBLIC HEARING - EAST NAYLOR MILL ROAD -RUARK PROPERTY ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1077. Public Works Director John Jacobs introduced Resolution No. 1077 establishing a public hearing on March 22, 2004 for annexing 70.1 acres located on the easterly side of, but not binding upon, East Naylor Mill Road to be known as the East Naylor Mill Road-Ruark Property Annexation. The property would be zoned R-10A Residential upon annexation into the City with development plans of 250 units (apartments, townhouses, single-family homes). Mr. Jacobs reported that 27.4 acres was added to the annexation at the request of Planning and Zoning for storm water management.
Resolution No. 1077, establishing a public hearing date of March 22, 2004, passed unanimously.
PROPOSED ANNEXATION REQUEST - GLEN AVENUE/EASTFIELDS DEVELOPMENT ANNEXATION
Public Works Director John Jacobs presented a request to annex 16 acres of property located on the southerly side of Glen Avenue (Glen Avenue/Eastfields Development Annexation). A zoning classification of R-8A was requested upon annexation. A 91 unit residential development containing 69 townhouses and 22 duplex units is planned for the property.
The Council gave a consensus to move forward with an annexation Resolution.
RESOLUTION NO. 1078 - ACCEPTING GRANT FUNDS FROM THE GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1078. Major Jeff Livingston from the Salisbury Police Department addressed Resolution No. 1078 accepting $960 from the Governor’s Office of Crime Control and Prevention. The funds would be used in cooperation with the Wicomico County Health Department to provide for overtime reimbursement to police officers participating in compliance checks to reduce retailers selling alcohol to people under the age of twenty-one.
Resolution No. 1078 was unanimously approved.
RESOLUTION NO. 1079 - GRANTING ACTING DUTY PAY RETROACTIVELY TO THREE FIRE DEPARTMENT OFFICERS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1079. Executive Officer John Pick presented Resolution No. 1079 authorizing acting duty pay to Fire Chief David See for the period of November 1, 2003 to December 5, 2003 during which he carried out the responsibilities of Fire Chief without receiving additional pay. The Ordinance also authorizes active duty pay to Deputy Fire Chief Timothy Keenan and Assistant Fire Chief Leslie Thompson for the period of November 1, 2003 to December 5, 2003 during which they carried out the responsibilities of Deputy Fire Chief and Assistant Fire Chief, respectively, without receiving additional pay.
Resolution No. 1079 passed unanimously.
RESOLUTION NO. 1080 - APPROVING REVOLVING LOAN FUND - CENTER CITY INVESTMENTS, LLC
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1080. Executive Officer John Pick introduced Resolution No. 1080 approving a loan of $154,000 from the City’s Revolving Loan Fund to Center City Investments, LLC to help finance the renovation of the building located at 109/111 W. Main Street into four apartments and four commercial spaces. The loan is secured by a second deed of trust on the 109/111 W. Main Street building, a second deed of trust on property located at 119 Naylor Street and an assignment of rents and leases. The loan is also backed by the personal guarantees of Brenda Church and Doug Church (partners in Center City Investments, LLC).
All voted in favor of Resolution No. 1080 with the exception of Mr. Dunn’s abstention.
RESOLUTION NO. 1081 - ADOPTING FY05-FY09 CAPITAL IMPROVEMENT PLAN
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1081. Executive Officer John Pick introduced Resolution No. 1081 adopting the FY05-FY09 Capital Improvement Plan (CIP). Some of the major highlights in the CIP include the Wastewater Treatment Plant expansion, equipment replacement projects for the Fire Department, communication console replacement for the Police Department and the third phase of the Northeast Collector.
Resolution No. 1081 passed unanimously.
PUBLIC COMMENTS
Comments were received concerning the following:
• no improvements seen in traffic conditions;
• parking garage leaks;
• public hearing on February 18 at 6:00 p.m. on Wastewater Treatment Plant’s discharge application; and
• fire house - suggested a building made of steel such as one in Harrington, Delaware.
With no further business, the meeting adjourned at 7:24 p.m.
City Clerk
Council President