CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES NOVEMBER 8, 1999 MEETING #21

PRESENT

Mayor Barrie P. Tilghman
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman William Stacey

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES OCTOBER 25, 1999

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Robert Cannon called the meeting to order.

A moment of silence was held in recognition of Public Works Director Wil Elliott and former police chief Coulbourn Dykes followed by a prayer conducted by Rev. Harvey Dixon. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.

On a motion by Mr. Himelright and seconded by Mr. Gillis, the minutes of October 25, 1999 were unanimously approved.

ORDINANCE NO. 1738 - 2ND READING - SUSPENDING CDMA FEE STRUCTURE FOR THREE YEARS

Mr. Himelright moved and Ms. Siggers seconded to approve Ordinance No. 1738 to bring it on the floor for discussion. City Solicitor Paul Wilber briefed Council on Ordinance No. 1738 which amends Section 5.04.040 of the Salisbury Municipal Code by suspending the collection of the downtown business district license fee for three years.

Ordinance No. 1738 for second reading passed unanimously.

ORDINANCE NO. 1739 - 2ND READING - BUDGET AMENDMENT FOR REPLACEMENT OF LADDER ON FIRE DEPARTMENT'S LADDER TRUCK

Ms. Siggers moved and Mr. Stacey seconded to approve Ordinance No. 1739 to bring it on the floor for discussion. Fire Chief William Higgins presented Ordinance No. 1739 as a budget amendment in the amount of $91,804 providing for the replacement of the ladder on the Fire Department's ladder truck.

Ordinance No. 1739 for second reading passed unanimously.

ORDINANCE NO. 1740 - 1ST READING - BUDGET AMENDMENT TO ACCEPT CDBG FUNDS FOR HOTSPOT PLAYGROUND

Ms. Siggers moved and Mr. Gillis seconded to approve Ordinance No. 1740 to bring it on the floor for discussion. Ms. Deborah Stam introduced Ordinance No. 1740 as a budget amendment accepting Community Development Block Grant (CDBG) funds ($60,000) for the new playground in the Church Street HotSpot neighborhood (516 and 518 E. William Street).

Mr. Cannon voiced that he would be voting against the ordinance. In his opinion, it would be better to wait until a better location was found. All voted in favor of Ordinance No. 1740 for first reading with the exception of Mr. Cannon who voted nay.

ORDINANCE NO. 1741 - 1ST READING - BUDGET AMENDMENT TO ACCEPT GOCCP FUNDS FOR HOTSPOT PLAYGROUND

Mr. Himelright moved and Mr. Gillis seconded to approve Ordinance No. 1741 to bring it on the floor for discussion. Ms. Deborah Stam introduced Ordinance No. 1741 as a budget amendment accepting grant funds ($10,000) provided by the Governor's Office of Crime Control & Prevention (GOCCP) for the new playground in the Church Street HotSpot Neighborhood (516 and 518 E. William Street).

All voted in favor of Ordinance No. 1741 for first reading with the exception of Mr. Cannon who voted nay.

ORDINANCE NO. 1742 - 1ST READING - BUDGET AMENDMENT - LAW ENFORCEMENT BLOCK GRANT

Mr. Himelright moved and Ms. Siggers seconded to approve Ordinance No. 1742 to bring it on the floor for discussion. Police Chief Allan Webster introduced Ordinance No. 1742 as a budget amendment in the amount of $126,616 for the purpose of purchasing computer hardware and software for the Salisbury Police Department through a Labor Law Enforcement Block Grant.

Ordinance No. 1742 for first reading passed unanimously.

ORDINANCE NO. 1743 - 1ST READING - AMENDING FALSE ALARM FEE SCHEDULE

Mr. Himelright moved and Ms. Siggers seconded to approve Ordinance No. 1743 to bring it on the floor for discussion. Executive Officer John Pick introduced Ordinance No. 1743 which confirms the June 1995 City Council action of increasing the fee from $25 to $50 for the police department responding to more than three false alarms in a calendar year at the same location. The fee was increased and included in the annual budget ordinance, but because it was not referenced by a specific Code section, it was not codified in the City Codes. The ordinance was for housekeeping purposes only in order to reflect the current amount of the fine. Mr. Pick noted that item A in the Be It Further Ordained paragraph of the ordinance should read $50 instead of $25.

After discussing if the fee was too low, and whether there was a safety issue involved for not responding to an alarm, Ordinance No. 1743 passed unanimously.

RESOLUTION NO. 669 - PUBLIC HEARING - NANTICOKE ROAD/HABLISTON PROPERTY ANNEXATION

Mr. Himelright moved and Ms. Siggers seconded to approve Resolution No. 669 to bring it on the floor for discussion. Resolution No. 669, as presented by City Solicitor Paul Wilber, proposes the annexation of the triangular piece of property bordered by Nanticoke Road, Pemberton Drive and Parsons Road. Development plans include the construction of a Rite Aid pharmacy. The property is currently zoned C-1 Select Commercial in the County and will be zoned Neighborhood Business once annexed into the City. A Comprehensive Development Plan for development of the site must be submitted for review and approval by the Planning Commission.

Mr. Paul Mitchell, representing the firm who manages and leases the Pecan Square Shopping Center, asked for clarification on whether a Rite Aid on this property was a permitted use. He was concerned with the additional congestion and traffic problems this would create if the property was annexed. Mr. Mitchell expressed that they were trying to negotiate with Rite Aid (currently a tenant in the Pecan Square Shopping Center) for one of the outparcels.

Mr. Kris Hughes, Director of Planning & Zoning, verified that the proposed use for this property is a permitted use in both the County and City. Mr. John McClellan, representing the property owner, pointed out that the parcel could still be developed with well and septic in the County as a Rite Aid or other retail use. In his opinion, traffic would not increase because customers would primarily come from residents on the west side of town. It was also his understanding that the Planning Commission, in conjunction with the State Highway, will require a traffic light at Parsons Road and Nanticoke.

Mr. Chip Messick reported that the preliminary development plan shows one way in and one way out on Rt. 349 (Nanticoke Road). There will also be an entrance on Parsons Road and a separate entrance on Pemberton Drive. Any traffic issues will be addressed during the planning review process. If a left turn lane is necessary on Parsons Road and/or Pemberton Drive, these conditions would be brought about as conditions of approval for the plan. It would be the developer's responsibility to provide any roadway widening.

After further discussion and input concerning additional traffic congestion, all voted in favor of Resolution No. 669 with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 677 - AMENDMENTS TO ZOO COMMISSION BYLAWS

Mr. Himelright moved and Ms. Siggers seconded to approve Resolution No. 677 to bring it on the floor for discussion. City Solicitor Paul Wilber provided an overview of Resolution No. 677 which includes amendments to the Salisbury Zoo Commission, Inc. Bylaws. The amendments include: 1) the submission of minutes to the City of Salisbury; 2) membership additions to the Zoo Commission to include a representative of the Salisbury Zoo Docent Association and the Friends of the Salisbury Zoo; 3) staggered terms of the members; 4) attendance requirements; and 5) duties of the treasurer and secretary.

Mr. Himelright moved to amend Section 6.3, Special Meetings, of the Zoo Commission Bylaws by changing four members to five members. Mr. Gillis seconded and the vote was unanimous.

Finance Director Roger Baskerville recommended that Item C in Section 7.2, Duties of Officers, be amended to reflect that the treasurer keep the financial records of the Corporation in accordance with the provisions of the Annotated Code of Maryland and that all monies shall be kept in accordance with the Annotated Code of Maryland and the City of Salisbury's investment policy.

Mr. Himelright moved to amend Resolution No. 677 as recommended by the Finance Director. Mr. Gillis seconded and the amendment passed unanimously.

Resolution No. 677, as amended, passed unanimously.

RESOLUTION NO. 673 - APPOINTMENTS TO ZOO COMMISSION

Ms. Siggers moved and Mr. Himelright seconded to approve Resolution No. 673 to bring it on the floor for discussion. Mayor Tilghman recommended the following appointments to the Zoo Commission:

                                               									   Term to Expire on
Carol Welty, representing Zoo Docent Association            	   November 2001
Paul Kratzer, representing Friends of the Salisbury Zoo         November 2001

Resolution No. 673 passed unanimously.

FLOODPLAIN VARIANCE REQUEST - LARMAR CORPORATION

President Cannon disclosed that he would not participate in the discussion on this matter since the property abuts his parents' property. Council President Cannon turned the meeting over to Vice President Himelright to preside over this issue. Mr. Cannon left the Council Chambers.

Building, Housing & Zoning Director William Holland presented Larmar Corporation's variance request for the placement of fill exceeding 600 cubic yards in a tidal floodplain. Larmar Corporation proposes to construct five additional apartment buildings, housing 72 units in the Oakhill Townhouse development. In order to raise the buildings to the flood protection elevation, 2,290 cubic yards of fill are required. Mr. Holland pointed out that the variance would only be valid if state and federal permits are approved.

Mr. Kris Hughes, Director of Planning & Zoning, informed Council that the project was currently under review by the Planning Commission and the Board of Zoning Appeals. Because of the large number of permits involved, Mr. Hughes requested that Council table the variance request and direct the Planning Commission, in its review, to make a recommendation to the Council as to whether or not encroachment of the floodplain is appropriate, and to ensure that all the permits and other requirements are in place so the project can go forward.

Ms. Siggers moved and Mr. Stacey seconded to table the variance request. The vote was a tie with Ms. Siggers and Mr. Stacey voting aye and Messrs. Himelright and Gillis voting nay.

Mr. Steve Smethurst, attorney representing Mr. and Mrs. Robert P. Cannon, Sr. (owners of the adjacent property), requested that the variance be granted upon Larmar Corporation not utilizing the old abandoned bed of Georgia Avenue as an entrance to the project. When the project was originally approved in 1964, one of the conditions of approval was that all entrances and exits be from Alabama Avenue. Since 1964 to the present, the northerly half of the old Georgia Avenue is being used as a means of ingress and egress which is in direct violation of the conditions imposed by the Board of Zoning Appeals.

Mr. Bill Rinnier, of Larmar Corporation, acknowledged that the project can be developed without using Old Georgia Avenue.

Mr. Jack Plummer, civil engineer for the project, reported that the project is subject to: 1) critical areas requirements; 2) non-tidal wetland requirements; and 3) tidal wetland requirements; and 4) floodplain requirements. The project has been designed so that it is out of the critical areas, impact to the non-tidal wetlands is within the required allowance, no tidal wetlands are impacted, and there are no federal or state floodplain regulations. They only need a variance for the additional fill in order to properly grade and prepare the foundation for a portion of three buildings.

After further discussion, Ms. Siggers moved to table the variance request. Mr. Stacey seconded and the vote was unanimous.

(Council President Cannon rejoined Council and presided over the balance of the meeting.)

AWARD OF BIDS

The following items were presented for approval by Director of Procurement & Parking Carol Turner:

1. Professional Services (001-1701-515.33-02)
McGuire Woods Battle & Boothe . . . . . . . . . . . . $ 3,364.10
2. 24" Tideflex value for Marina (001-3205-532.70-34)
Red Valve Company . . . . . . . . . . . . . . . . . . $ 5,394.00
3. Contract No. 5-99-W
Route #50 West Water Main Extension (County & State Funding)
American Paving . . . . . . . . . . . . . . . . . . .$327,144.36

The above items were unanimously approved by Council.

MAYOR'S COMMENTS

No comments.

COUNCIL PRESIDENT'S COMMENTS

Public Works Director Wil Elliott and former police chief Coulbourn Dykes were remembered for their positive attitude and character.

PUBLIC COMMENTS

Mr. Gene Groten spoke a few words in memory of Wil Elliott and Coulbourn Dykes. Ms. Siggers thanked Zoo Director Jim Rapp and members of the Parkside FBLA for joining her on the community clean-up project. Mr. Rob Ryan urged Council to have a binding citizen vote in regards to city manager form of government.

With no further business, the meeting adjourned at 8:34 p.m.

City Clerk

Council President