CITY OF SALISBURY, MARYLAND

 

#19 MEETING                                                                                                OCTOBER 10, 2005

 

PRESENT

 

Council President Michael P. Dunn                                Council Vice President Gary A. Comegys

Councilwoman Deborah S. Campbell                             Councilwoman Lynn B. Cathcart

Councilwoman Eugenie P. Shields                                  Mayor Barrie P. Tilghman

 

 

IN ATTENDANCE

 

City Clerk Brenda Colegrove, CMC, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Public Works Engineer Clay Hall, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Acting Director of Procurement & Parking Erin Kesler, Planning & Zoning Director Jack Lenox, Fire Chief David See, 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.  A moment of silence was held in honor of Mayor W. Paul Martin who passed away on October 1, 2005.  Following the reciting of the Lord’s Prayer, cub scouts from Wolf Pack #184 (Fruitland/Allen area) led the Pledge of Allegiance.

 

Mrs. Cathcart moved and Mrs. Shields seconded to approve the agenda as presented.  Mr. Comegys moved to amend the agenda by moving Resolution No. 1315 (Lowe’s of Salisbury Enterprise Zone eligibility) before the Award of Bids and moving Resolution Nos. 1310 and 1311 (relative to Shore Transit) after the Award of Bids.  Mrs. Cathcart seconded and the amendment passed unanimously.  The agenda, as amended, was unanimously approved.

 

PROCLAMATION

 

Mayor Tilghman proclaimed October 9-15, 2005 as “Fire Prevention Week 2005" in the City of Salisbury.  Fire Chief David See accepted the proclamation on behalf of the department.

 

CERTIFICATE OF RECOGNITION

 

A Certificate of Recognition was presented to Salisbury Fire Company No. 2, Inc. in recognition of their 75 years of service to the community.  Fire Chief David See, Station No. 2 President Dale Albert and Firefighter Rob Stroble accepted the Certificate.

 

 

APPROVAL OF SEPTEMBER 26, 2005 MINUTES

 

On a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the September 26, 2005 minutes were unanimously approved.

 

RESOLUTION NO. 1315 - ENTERPRISE ZONE ELIGIBILITY - LOWE’S OF SALISBURY

 

Mrs. Campbell moved and Mr. Comegys seconded to approve Resolution No. 1315.  City Administrator John Pick and Mr. Clint Watson, representing Lowe’s, presented Resolution No. 1315 declaring that Lowe’s of Salisbury was eligible to receive Enterprise Zone benefits.  The company qualified for benefits by creating more than two full-time positions since locating in the Enterprise Zone.

 

Resolution No. 1315 passed unanimously.

 

AWARD OF BIDS

 

Mr. Comegys moved and Mrs. Cathcart seconded to approve the Award of Bids.  Acting Director of Procurement & Parking Erin Kesler recommended the following items:

 

1.  Declaration of Surplus ............................................................................................................ -0-

     Three (3) Public Works computers

2.  Declaration of Surplus ............................................................................................................ -0-

     One (1) recliner chair from Purchasing

3.  Biosolids Vehicle - PW    Contract No. 104-06 ............................................................... $516.00

     Over budgeted amount by $516.00     (Account No. 86083-577025)

4.  Contract No. A-7-05    Curb Gutter & Sidewalk Change Order No. 3 ..................... $13,910.66

     (Account No. 24035-534301)

5.  New Marine 1 Motor - F.D. ....................................................................................... $16,741.00

     Unbudgeted Capital Outlay

     Goldsborough’s Marine (Account No. 24035-577030)

6.  Change Order No. 8      Contract No. 10-04-NECR(2) ............................................. $79,415.00

     N.E. Collector Road, Water, Sanitary Sewer & Storm Water Drain

     David A. Bramble, Inc.

 

The above items were unanimously approved.

 

RESOLUTION NO. 1310 - RENEWING LEASE WITH SHORE TRANSIT FOR TRANSFER STATION IN PARKING LOT #10

 

Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1310.  Acting Director of Procurement & Parking Erin Kesler introduced Resolution No. 1310 approving a one-year lease with Shore Transit for the use of a transfer point in parking lot #10.

 

Resolution No. 1310 passed unanimously.

 

RESOLUTION NO. 1311 - TRANSFERRING FUNDS FROM THE CITY’S CONTINGENCY TO HELP MAINTAIN BATHROOM SERVICE FOR SHORE TRANSIT’S AFTER HOURS RIDERS AT THE SALISBURY TRANSFER POINT

 

Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1311.  Ms. Kesler presented Resolution No. 1311 transferring $2,500 from the City’s Contingency for an additional contribution to help maintain bathroom service at Shore Transit’s transfer point.

 

All voted in favor of Resolution No. 1311 with the exception of Mrs. Campbell’s abstention.

 

ORDINANCE NO. 1955 - 1ST READING - AMENDING CHAPTER 8.04, ALARMS

 

Mrs. Cathcart moved and Mrs. Shield seconded to approve Ordinance No. 1955 for first reading.  Fire Chief David See provided an overview of Ordinance No. 1955 to amend Chapter 8.04, Alarms, of the Salisbury Municipal Code by including the Fire Department in the legislation.

 

Ordinance No. 1955 for first reading was unanimously approved.

 

ORDINANCE NO. 1956 - 1ST READING - ENACTING CHAPTER 8.05, KEY BOX ENTRY SYSTEM

 

Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1956 for first reading.  Ordinance No. 1956, as briefed by Fire Chief David See, enacts a new chapter in the Salisbury Municipal Code, Chapter 8.04 - Key Box Entry System, to require installation of key boxes on all commercial buildings, churches, schools and certain multi-family residential dwellings by owners or lessees.

 

City Solicitor Paul Wilber recommended the following amendment:

 

1.         reword Section 8.05.030, paragraph B, to reflect that the Ordinance only applied to new construction; and

2.         delete paragraph D in Section 8.05.030 and reletter the other paragraphs in the section.

 

Mrs. Cathcart moved to amend Ordinance No. 1956 as recommended above by Mr. Wilber.  Mr. Comegys seconded and the amendment passed unanimously.  Ordinance No. 1956 for first reading, as amended, passed unanimously.

 

 

 

 

 

ORDINANCE NO. 1957 - 1ST READING - ZONING TEXT AMENDMENT AMENDING CHAPTER 17.04.120, DEFINITIONS, TO AMEND THE DEFINITION OF A “FAMILY”

 

ORDINANCE NO. 1958 - 1ST READING - AMENDING CHAPTER 15.24, HOUSING STANDARDS TO REVISE DEFINITION OF A “FAMILY”

 

ORDINANCE NO. 1959 - 1ST READING - AMENDING CHAPTER 15.24, HOUSING STANDARDS, TO PROVIDE THAT A VACATED OR CONDEMNED DWELLING SHALL HAVE A REDUCED OCCUPANCY

 

ORDINANCE NO. 1960 - 1ST READING - AMENDMENT CHAPTER 15.27, PROPERTY MAINTENANCE HABITUAL OFFENDER, TO REDUCE OCCUPANCY FOR AN HABITUAL OFFENDER

 

ORDINANCE NO. 1961 - 1ST READING - CREATING ARTICLE XXIX, OCCUPANCY, TO GOVERN THE OCCUPANCY OF DWELLING UNITS WITHIN THE CITY

 

Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1957, Ordinance No. 1958, Ordinance No. 1959, Ordinance No. 1960 and Ordinance No. 1961 for first reading.  City Solicitor Paul Wilber introduced the five Ordinances amending the Salisbury Municipal Code relative to the definition of a family and reduced occupancy (“4-2/4-3" issue).  Mr. Wilber acknowledged that he met with Mr. Mark Tilghman, spokesperson for Salisbury Independent Neighborhood Alliance (SINA), to address the loopholes that were previously noted by Mr. Tilghman.  Mr. Wilber will recommend some changes to the legislation prior to Council’s second reading on October 24, 2005.

 

Nine members of the audience voiced their concern with changing the current legislation (i.e., didn’t see 4-3 as a compromise; single-family neighborhoods needed to be preserved; SINA proposal should be considered; problems with right of appeal - lack of public notification).

 

Mrs. Campbell expressed her support for the SINA proposal with the other four Council members favor the legislation put forth with the anticipation of Mr. Wilber’s recommendations for closing the loopholes.

 

All voted in favor of Ordinance Nos. 1957, 1958, 1959, 1960 and 1961 for first reading with the exception of Mrs. Campbell who voted nay.

 

RESOLUTION NO. 1312 - ADOPTING A POLICY ON STREET REPAVING AND UTILITY CUTS

 

Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1312.  Public Works Director John Jacobs addressed Resolution No. 1312 adopting a policy on street repaving and utility cuts.

 

After a brief discussion, Mr. Comegys moved to amend the policy by inserting language to reflect that the base course will be material currently used as a City standard rather than specifying the actual type of base course (industry standard could change from year to year).  Mrs. Cathcart seconded and the amendment passed unanimously.  Resolution No. 1312, as amended, was unanimously approved.

 

RESOLUTION NO. 1313 - ESTABLISHING DATE FOR A PUBLIC HEARING - EAST NAYLOR MILL ROAD-RUARK (FORMER CANNON) PROPERTY ANNEXATION

 

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1313.  Public Works Engineer Clay Hall, accompanied by developer Tom Ruark, introduced Resolution No. 1313 establishing a date for a public hearing to annex 8.9 acres located on the easterly side of East Naylor Mill Road and the northwesterly side of Brewington Branch.  The developer plans to construct twenty-one units (fifteen single-family and six duplex units) which would be an addition to the Village @ Parsons Lake development.  A zoning classification of R-10A would be established upon annexation.  A public hearing on the proposed annexation would be scheduled for November 14, 2005.

 

In response to Mr. Dunn’s reference to the acceleration/deceleration lanes, Mr. Ruark indicated that he would comply with the new City specifications.

 

Mrs. Campbell reiterated her concern with the impact of annexations on schools and moved to table Resolution No. 1313.  The motion died for lack of a second.  After further discussion, all voted in favor of Resolution No. 1313, establishing a public hearing date of November 14, 2005, with the exception of Mrs. Campbell’s nay vote.

 

RESOLUTION NO. 1314 - ESTABLISHING DATE FOR A PUBLIC HEARING - JOHNSON ROAD-SMITH PROPERTY ANNEXATION

 

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1314.  Mr. Clay Hall and developer Jack Causey presented Resolution No. 1314 establishing a date for a public hearing to annex 16.07 acres located on the northerly side of Johnson Road.  A public hearing would be scheduled for November 14, 2005 on the proposed annexation.  Plans include constructing ninety-two residential units (forty-one single-family and fifty-one townhouse) with a zoning classification of R-8A Residential.  Included in the annexation request is a parcel (no. 139) which currently contains a single-family home.  As a condition of annexation (parcel no. 269), the developer will be responsible for a prorated share of the cost for the maintenance of Schumaker Pond.

 

Mrs. Campbell moved to table Resolution No. 1314, but the motion died for lack of a second.  Resolution No. 1314, establishing a November 14, 2005 public hearing date, passed on a 4-1 vote with Mrs. Campbell casting the nay vote.

 

 

With no further discussion,. The meeting adjourned at 8:55 p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                      

City Clerk

 

 

 

                                                                      

Council President