PRESENT
Council President Robert Cannon*
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman James Ireton
The City Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council Vice President Frank Himelright called the meeting to order.
On a motion by Mr. Himelright and seconded by Mr. Ireton, the minutes of February 8, 1999 were unanimously approved.
Director of Procurement & Parking Director Carol Turner reported that there were no changes since the first reading of Ordinance No. 1702, a budget amendment transferring funds from the unappropriated surplus account to the Purchasing Department account for a telecommunications consultant.
Ms. Siggers motioned and Mr. Himelright seconded to approve Ordinance No. 1702 to bring it on the floor for discussion. Finance Director Roger Baskerville explained that the funds are monies carried forward from last year's budget which have not been allocated. Mr. Cannon voiced his disfavor with spending unallocated surplus when he did not know where the funds came from.
After further discussion, all voted in favor of approving Ordinance No. 1702 for second reading with the exception of Mr. Cannon who voted nay.
Planning & Zoning Director Kris Hughes presented Ordinance No. 1711 which amends Section 17.148.050 of the Salisbury Municipal Code by changing the number of assisted living facilities from 90 to 78 and the number of apartment buildings from 105 to 114 units. The changes were requested to address changing market conditions.
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1711 to bring it on the floor for discussion. With no further comments, Ordinance No. 1711 for second reading passed unanimously.
Ordinance No. 1712, as presented by Planning & Zoning Director Kris Hughes, amends Section 17.216.200.B(8) of the Salisbury Municipal Code to read that two banners of no more than twenty-four square feet each in area for no more than fourteen consecutive days in any year shall not require a permit and that such banners shall be kept in good repair and removed when the banner becomes damaged or unreadable. Mr. Hughes reported that the County Council has directed the Planning staff to meet with all the towns in the metro core to discuss having this provision consistent throughout the metro core.
Mr. Himelright motioned and Ms. Siggers seconded to approve Ordinance No. 1712 to bring it on the floor for discussion. Mr. Himelright motioned to table Ordinance No. 1712 in order for this issue to be discussed with the other municipalities. Ms. Siggers seconded and the motion to table passed unanimously.
Acting Police Chief Ed Guthrie briefed Council on Ordinance No. 1713 which amends the FY99 budget to cover the costs associated with the replacement of two police vehicles. One vehicle is to replace the one involved in an accident and the other to replace the Ford Expedition which was sold in a sealed bid process.
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1713 to bring it on the floor for discussion. With no further comments, Ordinance No. 1713 passed unanimously.
Planning & Zoning Director Kris Hughes introduced Ordinance No. 1715 as an amendment to Section 17.156.030 of the Salisbury Municipal Code allowing non-accessory offices on church owned properties contiguous to existing religious structures for use by non-profit organizations in R-5, R-8 and R-10 Residential Districts. The text amendment is a response to the request by Urban Ministries proposing to establish their office in the former church parsonage of St. Andrew's Methodist Church. The Planning Commission forwarded a favorable recommendation to the City Council for approval.
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1715 to bring it on the floor for discussion. After Mr. Hughes clarified what constituted non-accessory offices for non-profit organizations, Ordinance No. 1715 for first reading passed unanimously.
Mr. Ireton motioned and Ms. Siggers seconded to approve Ordinance No. 1716 to bring it on the floor for discussion. Ordinance No. 1716, as introduced by Planning & Zoning Director Kris Hughes, establishes St. Alban's Commons PRD #9 located on the west side of Beaglin Park Drive, the north side of Glen Avenue, the east side of St. Alban's Drive and the south side of Mt. Hermon Road. The Planning Commission forwarded a favorable recommendation to the City Council for approval of the Preliminary Development Plan and reclassification of the zoning from Regional Commercial to St. Alban's Commons PRD #9 subject to certain conditions. These conditions include: 1) the site shall be developed in accordance with the Comprehensive Development Plan; 2) a Comprehensive Development Plan shall be submitted for each of the commercial pad sites; and 3) a landscaped terminus between the condominium section and the commercial pads shall be included in the final development plan.
Mr. Hughes referred to Section 17.117.050E4 and reported that there may be more negotiation between parties on the project as to how the four commercial lots would be configured. According to site plans he reviewed today, there may be the possibility of five lots. He suggested changing item 4 under Section 17.117.050E to read four or five as approved by the Planning Commission. This would go before the Commission in March. Mr. Hughes pointed out that Section 17.117.100, Abrogation, was a new clause suggested by the applicant's attorney. Mr. Hughes suggested changing the eighteen months to three years which would allow more of a window for the project. In addition, he and the attorney were not satisfied with the wording "is not commenced" in this paragraph. The language will be amended to be more specific for the second reading.
Mr. Lou DiBitonto from Salisbury Mall Associates (applicant) and Mr. Steve Smethurst, attorney for the applicant, related that they held two formal meetings with the residents in the area of Beaglin Park Drive and Civic Avenue to address their concerns on this project. In addition, all property owners were contacted by letter. Messrs. DiBitonto and Smethurst were comfortable with working out the language in the abrogation clause. However, they were opposed to changing the number of commercial lots from four to five.
Mr. Vic Laws, attorney for Hebron Savings Bank (contract purchaser for the commercial lot on the northeast corner), explained that it was their proposal to change it from four to five lots. This was to accommodate a possible subdivision of the lot for two commercial uses. Mr. DiBitonto indicated that he would not go back on his word to the community which was four lots. He had no disagreement with working out a condo situation for this pad.
The above referenced issues will be addressed prior to the second reading of the ordinance. On a motion by Mr. Ireton and seconded by Mr. Himelright, the Findings of Fact were unanimously adopted by Council. Ordinance No. 1716 was unanimously approved for first reading.
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1717, an amendment to the FY99 budget, to bring it on the floor for discussion. Acting Police Chief Ed Guthrie explained that a Chevrolet Tahoe was seized during a drug arrest in 1997 and ultimately sold at auction. The Police Department's share of the sale was $6,226. Federal guidelines require that the monies must be spent for a law enforcement purpose. Therefore, he requested the funds be added to the Police Department's overtime account to facilitate patrols in the areas of Doverdale playground, Princeton homes and police substations.
Public Works Director Wil Elliott reported that the second part of the budget amendment reflects the reimbursement of $28,808.86 from Wicomico County for the work done on Dickerson Lane's regional storm drain system. This will be expended to pay toward the debt to PDK.
After a brief discussion, all voted in favor of Ordinance No. 1717 for first reading with the exception of Ms. Siggers who voted nay.
Mr. Himelright motioned and Mr. Ireton seconded to approve Resolution No. 635 to bring it on the floor for discussion. Public Works Director Wil Elliott introduced the U.S. Rt. 13N/Gordy property annexation located on the easterly side of U.S. Rt. 13, north of the Centre. Development plans include expanding the Tiger Mart gasoline facility with a quick-serve restaurant. The applicants requested a General Commercial zoning.
After Mr. Elliott gave an overview of the Conditions of Annexation and the Outline of Services and Facilities, Resolution No. 635 passed unanimously.
Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 636 to bring it on the floor for discussion. Executive Officer John Pick presented DP4 LLC's request for the Pemberton Plaza Shopping Center to be designated as qualified for Enterprise Zone benefits. Mr. Pick noted that the shopping center has been renamed Salisbury Plaza and recommended that the designation be granted since they meet the eligibility requirements.
Mr. Cannon was concerned with the legal aspect of the statute for work performed prior to the enactment of the new requirements. Mr. Wilber preferred reviewing the statute with the Executive Officer and recommended tabling all the requests.
Mr. Himelright motioned and Mr. Ireton seconded to table Resolution Nos. 636, 637, 638, 639, 640 and 641. All voted in favor with the exception of Ms. Siggers who voted nay.
The following items were presented for approval by Director of Procurement & Parking Carol Turner, C.P.M., CPPB:
1. Computer - Zoo (001-5110-551.70-35; Unbudgeted
Quantex . . . . . . . . . . . . . . . . . . . . . . . . $ 1,726.00
2. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . . $ 7,957.11
3. Contract No. 15-99-S&W Harrington Street Water & Sewer
American Paving . . . . . . . . . . . . . . . . . . . . $46,180.07
4. Rescue Air Bags - F.D. (001-2405-522.70-30; Unbudgeted
Maryland Fire Equipment . . . . . . . . . . . . . . . . $ 6,775.00
After discussion, Mr. Ireton motioned and Mr. Himelright seconded to approve the above items. Ms. Siggers and Messrs. Gillis, Himelright and Ireton voted aye. Mr. Cannon voted nay because he did not know from which account the monies were coming from.
In Mayor Tilghman's absence, Executive Officer John Pick summarized the activities which took place over the last two weeks. She particularly thanked everyone who assisted in the gasoline spill last week.
Council President Cannon commented on the work session items being discussed by the City Council.
Ms. Siggers extended her appreciation to the Fire Department and all the others who were involved in the gasoline spill. She thanked the Fire Chief for allowing her to observe the training some months ago in dealing with these types of situations.
With no further business, the meeting adjourned at 8:35 p.m.
TIME & PLACE: 10:55 a.m., March 3, 1999 - Room 301, City/County Government Building
PURPOSE: Receive and discuss status of Taxpayers' lawsuit, Canal Woods and Andy's Ice Cream litigation, and seek legal advice on Urban Services District issue.
VOTE TO CLOSE: 4-1 - (Ms. Siggers voted nay)
CITATION: Annotated Code of Maryland Sections 10-508(a)(7)(8)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Jim Ireton, City Clerk Brenda Colegrove, Executive Officer John Pick and City Solicitor Paul Wilber.
At 10:55 a.m., Mr. Gillis motioned to convene into closed session for the purpose of consulting with the City Attorney on pending litigation (Taxpayer's suit, Canal Woods and Andy's Ice Cream) and the legality of imposing differential rates for water and sewer in an urban services district.
Mr. Wilber provided an update on each of the pending litigation issues and received direction from Council on how to proceed. He will research the issue of differential rates for an urban services district and report back to Council.
Mr. Ireton motioned to adjourn the closed session at 11:50 a.m. and reconvene into open session. Mr. Himelright seconded and the vote was unanimous.
City Clerk Council Vice President