CITY OF SALISBURY, MARYLAND
#6 MEETING MARCH 22, 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, Finance Director John Cawley, Building, Housing and Zoning Director William Holland, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., 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. The agenda as presented was unanimously approved on a motion by Mrs. Cathcart and seconded by Mr. Comegys.
ANNOUNCEMENT
Council President Dunn announced that the City Council would hold a public forum on Wednesday, March 31, 2004, from 6:30 p.m. to 8:00 p.m. to allow opportunity for the public to make comments and suggestions on issues facing the City.
APPROVAL OF MARCH 8, 2004 MINUTES
The March 8, 2004 minutes were unanimously approved on a motion and a second by Mr. Comegys and Mr. Day, respectively.
AWARD OF BIDS
Mr. Day moved and Mrs. Cathcart seconded to approve the Award of Bids. The following items were presented for approval by Director of Procurement and Parking Carol Turner:
1. Declaration of surplus - police officer’s duty weapon . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Folding/Sealing machine (001-1501-515.70-30; unbudgeted) . . . . . . . . . . . . . . . $5,040.00
Machine Runner
3. Purchase Order Printer (001-1601-515.70-30; unbudgeted) . . . . . . . . . . . . . . . . $2,246.91
Micro League, Inc.
The above items were unanimously approved.
ORDINANCE NO. 1902- 1ST READING - RESIDENTIAL PARKING PERMIT POLICY
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1902 for first reading. Director of Procurement and Parking Carol Turner introduced Ordinance No. 1902 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. The proposed policy was drafted after reviewing the recommendations from the neighborhood meetings which were facilitated by Michelle Ennis-Benn.
One resident asked the Council to consider those individuals who have more than one vehicle. Ms. Turner was requested to review the necessity of continuing with the designated areas having little or no activity prior to the second reading, Ordinance No. 1902 for first reading passed unanimously.
Michelle Ennis-Benn extended appreciation to the Council, Mayor Tilghman, John Pick, Carol Turner and all the neighbors who participated in this endeavor.
ORDINANCE NO. 1903- 1ST READING - AMENDMENT TO FALSE ALARM ORDINANCE
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1903 for first reading. Major Jeff Livingston from the Salisbury Police Department highlighted a few of the items contained in Ordinance No. 1903:
• Police Department shall within 30 days either approve or disapprove an application for an alarm license (changed from 60 days);
• registration fee of $50.00 and may renew registration at no cost (current ordinance requires no registration fee);
• no fine assessed if Police Department responds to no more than two false alarms at the same location within a calendar year (changed from three);
• a fine not to exceed $500 for operating without a license.
Although Ms. Siggers appreciated the registration aspect, she could not support Ordinance No. 1903 as proposed.
Ordinance No. 1903 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
PUBLIC HEARING - RESOLUTION NO. 1075 - OLD OCEAN CITY ROAD-FARLOW FARM ANNEXATION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1075. Mr. Clay Hall, Public Works Surveyor, presented Resolution No. 1075 annexing 37.3 acres, to be known as the Old Ocean City Road-Farlow Farm Annexation, located on the northerly side of Old Ocean City Road. The property would be zoned R-10A Residential upon annexation into the City with development plans for 222 townhouse condominium units. Ingress and egress will be from the Northeast Collector and Old Ocean City Road. Due to the number of units, the developer was required to complete a traffic analysis to evaluate the impact on Parker Road and Old Ocean City Road. Following the expiration of a 45-day waiting period, the annexation becomes effective on May 6, 2004.
A resident of the area voiced his concern with the increased traffic on Parker Road and did not support any type of apartment complex (favored single-family homes). Mr. Woody Farlow clarified that this project will contain owner-occupied three-level townhouses with garages. In his opinion, the project would enhance property values in the surrounding area. No entrance or exit is proposed for Parker Road.
All voted in favor of Resolution No. 1075 with the exception of Ms. Siggers who abstained.
PUBLIC HEARING - RESOLUTION NO. 1077 - EAST NAYLOR MILL ROAD-RUARK PROPERTY ANNEXATION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1077. Resolution No. 1077, as addressed by Mr. Clay Hall, annexes 70.1 acres, known as the East Naylor Mill Road-Ruark Property Annexation, located on the easterly side of but not binding upon East Naylor Mill Road. The property would be zoned R-10A Residential upon annexation into the City. Development plans include 250 units – 40 single-family units, 150 townhouse units and 60 apartment units. A traffic analysis will be required. Following the expiration of a 45-day waiting period, the annexation becomes effective on May 6, 2004.
One resident questioned how much his taxes would be reduced with the continued growth of the City.
All voted in favor of Resolution No. 1077 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1094 - ESTABLISHING DATE FOR A PUBLIC HEARING - PEMBERTON DRIVE - MARTIN AND RUARK ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1094. Mr. Clay Hall introduced Resolution No. 1094 proposing to annex 40.5 acres (.6 acres being a portion of Pemberton Drive) to be known as the Pemberton Drive-Martin and Ruark Annexation. A public hearing will be scheduled for May 10, 2004 and, if passed by the Council, would become effective on June 24, 2004. A zoning classification of R-10 Residential is recommended upon annexation into the City. Development plans include 80 single-family homes.
Mr. Comegys requested that a traffic analysis be completed.
Resolution No. 1094, establishing a public hearing date of May 10, 2004, passed unanimously.
RESOLUTION NO. 1095 - APPROVING LEASE FOR THE PARK AND FLEA ON PARKING LOT #10
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1095. Mr. Day moved to amend Resolution No. 1095, Section 1, to include that the Park and Flea would also operate on Sunday. Mr. Comegys seconded and the amendment passed unanimously.
Director of Procurement and Parking Carol Turner noted that Sections 3B and D would also need to be amended to include Sunday. Mr. Comegys moved and Mr. Day seconded to include Sunday in Sections 3B and D. The amendment passed unanimously.
After a brief overview of the lease between the City of Salisbury and Urban Salisbury, Inc. for use of parking lot #10 for a park and flea market, Resolution No. 1095, as amended, passed unanimously.
RESOLUTION NO. 1096 - APPROVING LEASE FOR THE FARMERS’ MARKET ON PARKING LOT #10
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1096. Mr. Day moved to amend Resolution No. 1096 as follows:
• add the following language to the end of 5H
“however, an exception may be granted by the Shore Fresh Growers Association Farmers’ Market Manager to recognized Wicomico County licensed food vendors.”
• add the following language to the end of 5M
“however, an exception may be granted by the Shore Fresh Growers Association Farmers’ Market Manager.”
Mr. Comegys seconded and the amendment passed unanimously.
Following Ms. Turner’s briefing on the lease between the City of Salisbury and Shore Fresh Growers Association for the use of parking lot #10 for a farmers’ market, Resolution No. 1096 passed unanimously.
RESOLUTION NO. 1097 - ACCEPTING WEED & SEED GRANT FUNDS FOR PURCHASING BULLET-RESISTANT STREET LIGHT SHIELDS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1097. Ms. Deborah Stam, Grants/Special Projects Director, presented Resolution No. 1097 accepting Weed and Seed grant funds of $1,800 for six bullet-resistant street light shields to be installed in the Church Street neighborhood.
Resolution No. 1097 passed unanimously.
RESOLUTION NO. 1098 - APPROVING THE CITIZEN PARTICIPATION PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED PLAN
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1098. Resolution No. 1098, as introduced by Ms. Deborah Stam, approves the Citizen Participation Plan (describing how the City will solicit input from local citizens) for the Community Development Block Grant Consolidated Plan.
Ms. Siggers appreciated the efforts Ms. Stam put forth on this initiative, however, she had problems with other initiatives that the City undertook. Conceptually they were ideal, but administratively is where she had a problem. Therefore, she would abstain from voting.
All voted in favor of Resolution No. 1098 with the exception of Ms. Siggers’ abstention.
RESOLUTION NO. 1099 - AUTHORIZING AN ADDITIONAL PART-TIME CLERICAL POSITION IN EMS BILLING AND AUTHORIZING UPGRADE OF A PART-TIME CLERICAL POSITION IN BUILDING, HOUSING & ZONING TO FULL-TIME
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1099. Mrs. Cathcart moved to amend Resolution No. 1099 to delete the part-time clerical position in EMS Billing in order to explore outsourcing the work before hiring an additional person. All voted in favor of the amendment with the exception of Ms. Siggers who abstained.
Executive Officer John Pick and Building, Housing and Zoning Director William Holland presented Resolution No. 1099, as amended, authorizing the upgrade of a part-time clerical position in the Building, Housing and Zoning Department to full-time. A full-time person was needed with the passage of the Rental Unit Licensing and Inspection program. The full-time status would begin on May 1, 2004.
Resolution No. 1099, as amended, passed unanimously.
RESOLUTION NO. 1100 - APPOINTMENT TO BUILDING BOARD OF ADJUSTMENT AND APPEALS
Mr. Day moved and Mrs. Cathcart seconded to approve Resolution No. 1100. Mayor Tilghman recommended the appointment of Mr. Christopher Ferger to the Building Board of Adjustment and Appeals for a term ending March 2009.
Resolution No. 1100 was unanimously approved.
With no further business, the meeting adjourned at 7:15 p.m.
City Clerk
Council President