CITY OF SALISBURY, MARYLAND
#24 MEETING DECEMBER 8, 2003
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers
ABSENT
Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Public Works Director John Jacobs, Planning & Zoning Director Jack Lenox, Building, Housing & Zoning Director William Holland, 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 met in regular session at 7:00 p.m. in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
On a motion by Mr. Comegys and seconded by Mr. Day, the agenda as presented was unanimously approved.
APPROVAL OF NOVEMBER 24, 2003 MINUTES
The minutes of November 24, 2003 were unanimously approved upon a motion and a second by Ms. Siggers and Mr. Day, respectively.
CERTIFICATES OF APPRECIATION
In Mayor Tilghman’s absence, Council President Dunn presented Certificates of Appreciation to the Salisbury University Field Hockey Team, 2003 NCAA Division III Champions.
AWARD OF BIDS
On a motion by Ms. Siggers and seconded by Mr. Comegys, the following item was unanimously approved as presented by Director of Procurement & Parking Carol Turner:
Commercial Treadmill (Unbudgeted Capital Outlay) . . . . . . . . . . . . . . . . . . . . . . $2,099.00
102-2105-521.60-06
Leisure Fitness
ORDINANCE NO. 1879 - 2ND READING - ROBERTSON FARM PDD#1 - PLANNED DEVELOPMENT DISTRICT
Ms. Siggers moved and Mr. Day seconded to approve Ordinance No. 1879 for second reading. Planning & Zoning Director Jack Lenox and Planner Gloria Smith presented Ordinance No. 1879 establishing the Robertson Farm Planned Development District (45.4 acres) located on the south side of Old Ocean City Road, both sides of the Northeast Collector Road and the north side of a U.S. Rt. 50 service road.
Ms. Siggers asked the Council to consider additional setback requirements in the Ordinance to alleviate the residents concerns of a business being in their back yard. Mr. Hal Noble, an adjacent property owner, and Rev. Woodrow Crouse, pastor of Immanuel Baptist Church, addressed their concerns with the proposed development (i.e., public safety; procedure flawed, limit uses on five westerly lots; protect residential areas from encroachment by incompatible land uses).
Mr. Day moved and Mr. Comegys seconded to amend Ordinance No. 1879 by adding the following language to §17.119.050, Development Standards, end of paragraph A:
“Notice of consideration of such plan for the development of lots numbered 1, 2, 3, 4 and 30 shall be provided by posting of the property, as described in Article III - Public Notice.”
The amendment passed unanimously. Ordinance No. 1879, as amended for second reading, passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1886 - 2ND READING - AMENDING 17.216.200(11) OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Ms. Siggers seconded to approve Ordinance No. 1886 for second reading. Building, Housing & Zoning Director William Holland addressed Ordinance No. 1886 amending §17.216.200(11) of the Salisbury Municipal Code to remove the time limit on placement of political signs.
Ordinance No. 1886 for second reading passed unanimously.
ORDINANCE NO. 1887 - 1ST READING - AMENDING RENTAL UNIT LICENSING ORDINANCE TO POSTPONE START DATE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1887 for first reading. Building, Housing & Zoning Director William Holland introduced Ordinance No. 1887 extending the effective date for landlord licensing applications. Beginning March 1, 2004, legal owners of rental properties within R-5, R-8, R-10 and Planned Residential Districts shall make written application for a rental license on or before April 1, 2004; legal owners of rental properties in all other zoning districts shall make written application on or before May 1, 2004.
Ordinance No. 1887 for first reading passed unanimously.
ORDINANCE NO. 1888 - 1ST READING - AMENDING BOND ORDINANCE - NORTHEAST COLLECTOR
Mrs. Cathcart moved and Ms. Siggers seconded to approve Ordinance No. 1888 for first reading. Ordinance No. 1888, as addressed by Finance Director John Cawley, amends Ordinance 1870 by redesignating funds ($1,114,550) from the Public Works Service Center construction project to the Northeast Collector project.
Ordinance No. 1888 for first reading passed on a 4-1 vote with Ms. Siggers casting the nay vote.
ORDINANCE NO. 1889 - 1ST READING - EXTENDING TRIAL PERIOD TO EVALUATE OPENING OF DOWNTOWN PLAZA
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1889 for first reading. Public Works Director John Jacobs introduced Ordinance No.1889 amending §12.32.020 of the Salisbury Municipal Code by extending the opening of West Main Street from Market Street to Division Street through December 1, 2004.
Ordinance No. 1889 for first reading passed unanimously.
RESOLUTION NO. 1042 - ADOPTING MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1042. Public Works Director John Jacobs presented Resolution No. 1042 adopting the Manual on Uniform Traffic Control Devices (MUTCD) as the City standard to provide for a uniform system for traffic control devices consistent with the Maryland Vehicle Law and the national standard.
Resolution No. 1042 passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1043 - AMENDING CITY COUNCIL REGULATIONS AND RULES OF ORDER
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1043. City Clerk Brenda Colegrove introduced Resolution No. 1043 and highlighted the Council’s revisions to their Regulations and Rules of Order as discussed during the November 19, 2003 work session.
Resolution No. 1043 passed unanimously.
RESOLUTION NO. 1044 - APPOINTMENT TO PLANNING & ZONING COMMISSION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1044. Planning & Zoning Director Jack Lenox recommended the appointment of Lynn Cathcart to a five year term (expiring December 1, 2008) as a member of the Planning Commission.
Resolution No. 1044 passed unanimously.
RESOLUTION NO. 1045 - REAPPOINTMENTS TO ZOO COMMISSION
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1045. Executive Officer John Pick put forth the Mayor’s recommendation of Ronald Alessi, Sr., George Mengason and Earl Nelson for reappointments to the Zoo Commission for terms expiring on December 31, 2006.
Resolution No. 1045 passed unanimously.
RESOLUTION NO. 1046 - APPOINTMENT TO ACCESS 26 BOARD OF DIRECTORS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1046. Executive Officer John Pick introduced Resolution No. 1046 appointing Michael Dunn to the Access 26 Board of Directors. Mr. Dunn’s term would expire in April 2007.
Resolution No. 1046 passed unanimously.
RESOLUTION NO. 1047 - APPOINTMENTS TO TRAFFIC AND SAFETY ADVISORY COMMITTEE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1047. Executive Officer John Pick, on behalf of Mayor Tilghman, recommended the appointments of Eugenie Shields (term ending July 2004) and Barry Seldomridge (term ending July 2005) to serve on the Traffic and Safety Advisory Committee.
Resolution No. 1047 passed unanimously.
MANUFACTURING EXEMPTION REQUEST - ROGERS GRAPHICS, INC.
Mrs. Cathcart moved and Mr. Comegys seconded to approve the manufacturing request of Rogers Graphics, Inc. Finance Director John Cawley recommended that Rogers Graphics, Inc. be granted an exemption from personal property tax for their equipment purchased in 2002. The company would benefit from the exemption by a total savings of $9,240 in personal property tax.
The manufacturing exemption request for Rogers Graphics, Inc. was unanimously approved.
PROPOSED ANNEXATION REQUESTS
Public Works Director John Jacobs introduced the following annexation requests:
Johnson Road-Johnson’ s Retreat
• 24.4 acres located along the southerly side of Johnson Road
• 93 lot single-family development proposed
• R-10 Residential zoning upon annexation
Three Creeks/Causey Property
• 140 acres located along the easterly side of Jersey Road, north of West Naylor Mill Road
• 360 single-family development proposed
• R-10 Residential zoning upon annexation
East Naylor Mill Road-Ruark Property
• 43 acres located on the northerly side of Brewington Branch, east of East Naylor Mill Road
• 250 units mixed use residential development proposed
• R-8A Residential zoning upon annexation
The Council gave a consensus to proceed with the preparation of a Resolution for each of the above proposed annexations.
At 8:45 p.m., the regular meeting adjourned and Council convened in Closed Executive Session.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 8, 2003
TIME & PLACE: 8:45 p.m., Room 301 - City/County Government Building
PURPOSE: Discuss approval of easements for Wor-Wic project and the Ulman Theatre (parking lot #15) property proposal
VOTE TO CLOSE: 4-1
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(14)
PRESENT: Council President Michael Dunn, Council Vice President Michael Day, Councilwoman Lynn Cathcart, Councilman Gary Comegys, Councilwoman Lavonzella Siggers, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs, Deputy Public Works Director Chip Messick, Director of Procurement & Parking Carol Turner, Mike Hynes
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At 8:45 p.m. in Room 301 of the City/County Government Building, Mr. Comegys moved to convene in Closed Executive Session as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7)(14) to discuss the approval of easements for the Wor-Wic project and the Ulman Theatre (parking lot #15) property proposal. Mr. Day seconded. All voted in favor with the exception of Ms. Siggers.
Executive Officer John Pick and Mr. Mike Hynes provided an update on the negotiations in securing the easements for the Wor-Wic project. The Council extended their appreciation for the efforts put forth in obtaining the easements. A discussion followed on the proposal for the sale of the Ulman Theatre property. A consensus was reached to move forward with a Resolution approving the sale of the property.
At 9:30 p.m., upon a motion and a second by Mrs. Cathcart and Mr. Day, respectively, the closed session adjourned.
City Clerk
Council President