CITY OF SALISBURY, MARYLAND

#2 MEETING JANUARY 23, 2006

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, Finance Director John Cawley, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Acting Director of Procurement & Parking Erin Kesler, Fire Chief David See, Community Development Director Deborah Stam, Police Chief Allan Webster, Planning & Zoning Director Jack Lenox, IT Director Ray Micciche, 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 the Chipman Cultural Center. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited. A moment of silence was held in honor of former police officer Marty Gravenor and firefighter Michael McMullen.

Mr. Comegys moved and Mrs. Shields seconded to approve the agenda as presented. Mrs. Cathcart moved and Mrs. Shields seconded to amend the agenda by adding Resolution No. 1354 (requesting the Maryland Department of Transportation to release Transportation Trust Fund grants) after Resolution No. 1353. All voted in favor of the amendment with the exception of Mr. Comegys’ abstention. The agenda, as amended, was unanimously approved.

APPROVAL OF JANUARY 9, 2006 MINUTES

On a motion and a second by Mrs. Cathcart and Mrs. Campbell, respectively, the January 9, 2006 minutes were unanimously approved.

AWARD OF BIDS

Mrs. Campbell moved and Mrs. Cathcart seconded to approve the Award of Bids. The following items were presented by Acting Director of Procurement & Parking Erin Kesler:

1. Building, Housing & Zoning ....................................................................................... 23,490.00

Purchase of Services - Sole Source

232 Hazel Ave., Salisbury (Clean Out) Acct. No. 25200-523621

2. Change Order Number 1 Contract No. RFP 8-05 Copper Study ............................. $40,000.00

Acct. No. 81080-513020

The above items were unanimously approved.

PRESENTATION OF AUDIT REPORT

The FY05 audit report was presented by Mr. Herb Geary from the auditing firm of TriceGeary & Myers LLC. Mr. Geary explained that a compliance audit was also completed relative to federal funding programs. According to Mr. Geary, the City had a good, healthy year for FY05.

CONSENT AGENDA ITEMS

Mr. Comegys moved and Mrs. Shields seconded to approve the following Consent Agenda items as presented by City Clerk Brenda Colegrove:

1. Manufacturing Exemption Request for Valley National Gases, Inc. - The company requested an exemption from personal property tax for equipment purchases in 2000, 2001 and 2002. Over the next five years, they would benefit from the exemptions by saving $4,080 in personal property tax.

2. Ordinance No. 1981 - 2^nd reading - The Ordinance proposes to close Ford and Spruce Streets (paper streets) which are located within the seven acre parcel purchased by the City for a new headquarters fire department building.

3. Ordinance No. 1982 - 2^nd reading - The Ordinance amends Section 10.32.030 of the Salisbury Municipal Code to prohibit persons parking any motor truck or commercial vehicle equipped with a mechanical refrigeration device, while the device is in operation, on any commercial property located within 100 yards of a residential structure between the hours of 11:00 p.m. and 7:00 a.m.

4. Resolution No. 1349 - The Resolution authorizes the mayor to sign an amendment to the Salisbury Wicomico Wide Area Network Resources Agreement by adding the City of Fruitland.

5. Resolution No. 1350 - Mayor Tilghman recommended the reappointments of Michael G. Murray, Carol Williamson, Jane E. Mengason and C. Richard Anderson to the Marina Committee for terms ending January 2008.

The above items were unanimously approved.

ORDINANCE NO. 1983 - 2^ND READING - AMENDING TITLE 13, PUBLIC SERVICES, OF THE SALISBURY MUNICIPAL CODE

Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1983 for second reading. Public Works Director John Jacobs addressed Ordinance No. 1983 and requested Council’s consideration for the following amendment:

1. Add an additional paragraph to the duties of the Director of Finance (line 863) as follows:

“4. Deposit comprehensive connection charges in an appropriate special fund to insure that the fees and all interest accruing to the special fund are designated for improvements reasonably attributable to new or increased growth and are expended to reasonably benefit the new or increased growth.”

2. Delete the paragraph on lines 877 to 879 – “D. The property owner shall be required to extend the public water and sewer mains to furthest limit of his property’s frontage as determined by Salisbury Public Works.” and renumber the follow-on paragraphs at line 881, 887, 893, 900 and 906 accordingly.

On a motion and a second by Mrs. Cathcart and Mrs. Campbell, respectively, the above amendment as recommended by Mr. Jacobs was unanimously approved.

Mr. Palmer Gillis referenced his letter of January 20, 2006 outlining thirteen concerns with the proposed amendments to Title 13 (copy attached and made a part of the official minutes). In his opinion, there were substantial flows in the Ordinance which would be challenged.

Mr. Wilber reported that Public Works had worked with a consultant over a year ago and viewed these amendments as making the process more user-friendly and usable. Further research will be done and a meeting will be held with Tischler. If changes need to be made, Public Works will bring then back to Council for consideration.

After further discussion, Ordinance No. 1983 for second reading, as amended, passed on a 4-1 vote with Mrs. Campbell voting nay.

RESOLUTION NO. 1351 - APPROVING PARTICIPATION OF THE SALISBURY POLICE DEPARTMENT IN THE WICOMICO COUNTY ADULT DRUG TREATMENT COURT

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1351. Police Chief Allan Webster introduced Resolution No. 1351 approving participation of the Salisbury Police Department in the Wicomico County Adult Drug Treatment Court to reduce the number of repeat drug crimes committed by addicted offenders in Wicomico County.

Resolution No. 1351 passed unanimously.

RESOLUTION NO. 1352 - APPROVING RENEWAL OF AGREEMENT AUTHORIZING SALISBURY NEIGHBORHOOD SERVICE AS THE LEVEL I ADMINISTRATOR OF THE SPECIAL LOAN PROGRAMS

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1352. Salisbury Neighborhood Housing Service Director Cheryl Meadows, along with Community Development Director Deborah Stam, presented Resolution No. 1352. The Resolution approves the renewal of the agreement authorizing Salisbury Neighborhood Housing Service (SNHS) as the Level 1 administrator of the Special Loan Programs for the City. SNHS has been serving as the administrator for these programs since 1996.

Resolution No. 1352 passed unanimously.

ORDINANCE NO. 1984 - 1^ST READING - BUDGET AMENDMENT APPROPRIATING ADDITIONAL FUNDS TO COVER UNEXPECTED GASOLINE AND SALT EXPENDITURES

Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1984 for first reading. City Administrator John Pick introduced Ordinance No. 1984 amending the FY06 General Fund Budget to provide additional funds ($125,700) to cover the purchase of gasoline and salt for the remainder of the fiscal year.

Ordinance No. 1984 for first reading passed unanimously.

RESOLUTION NO. 1353 - APPROVING A PROCEDURE FOR THE PROCESSING OF ANNEXATION PETITIONS

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1353. Resolution No. 1353, as reviewed by City Administrator John Pick, approves a procedure for the processing of annexation petitions to ensure all notifications are submitted as required.

Resolution No. 1353 passed unanimously.

RESOLUTION NO. 1354 - REQUESTING THE MARYLAND DEPARTMENT OF TRANSPORTATION TO RELEASE TRANSPORTATION TRUST FUND GRANTS

Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1354. City Administrator John Pick presented Resolution No. 1354 requesting that the Maryland Department of Transportation release Transportation Trust Fund grants which were set aside by the General Assembly to be distributed to units of local government for Capital Related Projects in FY06. Mr. Pick noted that the City would lose $96,724 if the funds were not distributed by the Secretary of the Department of Transportation.

All voted in favor of Resolution No. 1354 except Mr. Comegys who abstained.

(The Council took a break at 7:06 p.m. and reconvened at 7:11 p.m.)

ZONING TEXT AMENDMENTS: ORDINANCE NO. 1965 - 2^ND READING - REZONING VILLAGE AT SALISBURY LAKE; ORDINANCE NO. 1966 - 2^ND READING - REZONING ST. ALBAN’S PRD

Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1965 and Ordinance No. 1966 for second reading. Planning & Zoning Director Jack Lenox recommended approving the proposed amended Ordinance along with the Development Guidelines. Mayor Tilghman requested that the Design Regulations from Washington Township, New Jersey (February 1997) be included as a model. A copy of the proposed amended Ordinance No. 1965, the Development Guidelines and the Washington Township Design Regulations are attached and made a part of the official minutes.

Mrs. Cathcart moved and Mr. Comegys seconded to approve the amended Ordinance No. 1965 for second reading along with the Design Regulations and the Washington Township Design Regulations to be used as a model. The amendment passed unanimously.

Highlights of public comments/concerns were:

• already overcrowded schools;

• problem with proposed alleys;

• increased traffic;

• on-street parking for Glen and Civic Avenues;

• suggested sending back to Planning & Zoning with recommendation to downsize project;

• heard no one who said they liked this plan;

• incompatible with surrounding neighborhood;

• believed Planned Development District to be a flawed entity;

• submitted petition of neighbors opposing the rezoning, including pictures of surrounding neighborhood (attached and made a part of the official minutes) – submitted by Ms. Sheryl Suiter;

• presented for the record by Ms. Linda Kent (attached and made a part of the official minutes):

1. Copy of Ordinance No. 1458 enacted on May 8, 1989;

2. Copy of Article XXVIII, Planned Development Districts, and Article L, Planned Development, from 1983 Zoning Code;

3. Copy from Zoning Code reflecting amendments made by Ordinance No. 1458;

4. Copy of March 28, 1989, April 24, 1989 and May 8, 1989 minutes on passage of Ordinance No. 1458;

5. Copy of June 16, 1988 presentation from Planning Director William Livingston to the Planning Commission concerning the proposed zoning code amendment, copy of notice of public hearing and proposed amendment;

6. Copy of July 14, 1988 Planning Commission minutes;

7. Copy of March 23, 1989 memo from Planning Director William Livingston to the Mayor and City Council regarding Ordinance No. 1458;

8. Copies of letters opposing old mall rezoning;

9. Copy of notices posted on the property for the November 28, 2005 hearing (no ordinance number included);

10. Copy of November 23, 2005 e-mail from Linda Kent to Mayor Tilghman concerning the meeting to be held on November 28, 2005 in Council Chambers;

11. Copy of January 11 and January 12, 2006 letters from Linda Kent to Paul Wilber;

• opposed project as proposed;

• presented a copy of a May 27, 2005 letter from the Planning and Zoning Department concerning the proposed development to be considered by the Planning Commission (attached and made a part of the official minutes) - submitted by Ms. Terry Cohen;

• project will take on a population greater than the Town of Delmar, MD and will be placed on 1/10 of the land mass; and

• 16.5 units/acre too high density.

Planning & Zoning Director Jack Lenox clarified that the overall density for the entire site is 9.8 units/acre with the residential part only being 16.5 units/acre.

Mayor Tilghman and Council members Dunn, Comegys, Cathcart and Shields voiced their support of the project. Mrs. Campbell opposed the project and expressed concern that the parking within the development did not meet our Code standards.

After further discussion, Ordinance Nos. 1965 and 1966 passed on a 4-1 vote with Mrs. Campbell casting the nay vote.

PUBLIC COMMENTS

Mr. James Trader commented that there was nothing in the CIP concerning recycling facilities and mentioned that a meeting would be held on January 31 from 6:00 p.m. - 8:00 p.m. at the Library concerning the Total Maximum Daily Load of bacteria for the Wicomico River Headwaters.

With no further business, the meeting adjourned at 8:15 p.m.

CITY OF SALISBURY

CLOSED SESSION

FEBRUARY 6, 2006

TIME & PLACE: 4:34 p.m., Room 305 - City/County Government Office Building

PURPOSE: Consult with legal counsel on potential litigation

VOTE TO CLOSE: Unanimous (Mrs. Shields not present during vote to close)

CITATION: Annotated Code of Maryland Sections 10-508(a)(7)(8)

PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Deborah Campbell, Councilwoman Lynn Cathcart, Councilwoman Eugenie Shields (arrived 4:41 p.m.), Mayor Barrie P. Tilghman (left at 5:09 p.m.), City Administrator John Pick, City Clerk Brenda Colegrove, City Solicitor Paul Wilber

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At 4:34 p.m., in Conference Room 305 of the City/County Government Office Building, Mrs. Cathcart moved to convene in closed session to consult with the City Solicitor on two potential litigation matters as permitted under the Annotated Code of Maryland Sections 10-508(a)(7)(8). Mr. Comegys seconded and the vote was unanimous. Mrs. Shields was not present during the vote to close.

City Solicitor Paul Wilber provided an update on both litigation issues and the legal ramifications involved. After discussion, the Council requested that Mr. Wilber research other municipalities’ laws and report back to them on the first item of discussion. As a consensus, the Council accepted Mr. Wilber’s recommendation on the second item and directed him and the City Administrator to move forward.

At 5:21 p.m., on a motion and a second by Mrs. Cathcart and Mrs. Shields, respectively, the closed session adjourned.

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City Clerk

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Council President