CITY OF SALISBURY, MARYLAND
#23 MEETING NOVEMBER 24, 2003
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Building, Housing & Zoning Director William Holland, Police Chief Allan Webster, Deputy Fire Chief David See, Public Works Director John Jacobs, Planning & Zoning Director Jack Lenox, 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 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.
Mrs. Cathcart moved and Mr. Day second to approve the agenda as presented. Mr. Day moved to add Resolution No. 1041 (accepting State grant funds awarded through the Wicomico County Cigarette Restitution Coalition) as an emergency item to the agenda. Mr. Comegys seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF NOVEMBER 17, 2003 MINUTES
On a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the November 17, 2003 minutes were unanimously approved.
SPECIAL PRESENTATION
Executive Officer John Pick was surprised with a cake in honor of his birthday.
PRESENTATION OF AUDIT
Mr. Herb Geary and Mr. Jason Gidge, representatives from Trice Geary & Myers, presented the City’s draft financial report as of June 30, 2003. The City’s total combined net assets were $47,506,278, an increase of $2.6 million for the fiscal year ending June 30, 2003. Property taxes and charges for services (i.e., water and sewer, EMS charges) composed 86% of the sources of revenue for the City.
AWARD OF BIDS
On a motion by Mr. Comegys and seconded by Mr. Day, the following item was unanimously approved as presented by Director of Procurement & Parking Carol Turner:
Contract No. 19-03-BR, Change Order No. 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,565.00
Snow Hill Road Bridge Repair (001-3205-532.43-05)
B & H Coatings
PUBLIC HEARING - ORDINANCE NO. 1879 - 1ST READING - ROBERTSON FARM PDD#1 - PLANNING DEVELOPMENT DISTRICT
Mr. Comegys moved and Mr. Day seconded to approved Ordinance No. 1879 for first reading. City Solicitor Paul Wilber reported that negotiations for obtaining a right-of-way for the Northeast Collector Road, including water/sewer pipes and the stormwater pipes, culminated in a court decree. The approval of a Planned Development District was part of the court decree.
Planning & Zoning Director Jack Lenox and Mrs. Gloria Smith, Planner, provided an overview of 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. The Planning Commission’s recommendation included that a sign plan be submitted for the Commission’s review and approval for each of the 30 lots (for development with neighborhood business, light business and institutional and select commercial uses) in the Robertson Farm PDD#1. Public Works Director John Jacobs reviewed the property’s accessibility in relation to the Northeast Collector Road.
Woodrow Crouse, Pastor of Immanuel Baptist Church, mentioned that the church’s property adjoins the Robertson Farm on the westerly portion. Mr. Crouse believed the procedure was flawed since the Resolution did not go back before the Planning Commission. Mr. Crouse also 1) relayed his concerns with the design of the access points; 2) asked that the perimeter screening not block the view of the church; and 3) requested that the westerly five lots be limited in zoning to something compatible with the church.
Mr. Hal Noble, an adjacent property owner, voiced his objection to the development of the project (encroached into a saturated R-15 residential district of the county).
After further discussion, Ordinance No. 1879 for first reading passed with all voting in favor except for Ms. Siggers abstention.
PUBLIC HEARING - ORDINANCE NO. 1886 - 1ST READING - AMENDING 17.216.200(11) OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1886 for first reading. Director of Building, Housing & Zoning William Holland introduced Ordinance No. 1886 amending 17.216.200(11) of the Salisbury Municipal Code to remove the time limit on placement of political signs. Based on a 1999 ruling by the U.S. District Court that it was an unconstitutional impingement upon first amendment rights, City Solicitor Paul Wilber recommended that the language be removed from the Sign Standards of the Code.
After responding to two questions from the public concerning the court case, Ordinance No. 1886 for first reading passed unanimously.
RESOLUTION NO. 1036 - APPROVING AN ECYCLING COST SHARE AGREEMENT
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1036. Resolution No. 1036, as presented by Public Works Director John Jacobs, approves a cost share agreement between the City of Salisbury and the Maryland Environmental Service for recycling of electronic components.
Resolution No. 1036 passed unanimously.
RESOLUTION NO. 1037 - ACCEPTING DONATION OF LIGHTING FOR ROBIN’S NEST PARK
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1037. Public Works Director John Jacobs addressed Resolution No. 1037 accepting lights from the Newtown Neighborhood Association to illuminate Robin’s Nest Park and transferring electrical service of Robin’s Nest Park to the City of Salisbury from the Newtown Neighborhood Association.
Resolution No. 1037 passed unanimously.
RESOLUTION NO. 1038 - SUPPORTING LOCAL LEGISLATION TO ALLOW THE SALISBURY FIRE DEPARTMENT TO JOIN LEOPS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1038. Deputy Fire Chief David See, EMS Lieutenant Jerry Bennett and Assistant Fire Chief Tim Keenan provided an overview of Resolution No. 1038 endorsing the proposal, provided that adequate funds are available, for the career personnel of the Salisbury Fire Department to withdraw from the State of Maryland Retirement and Pension Systems on June 30, 2004 and be transferred to the law Enforcement Officers Pension System (LEOPS) of the State Retirement and Pension System of Maryland.
Resolution No. 1038 passed unanimously.
RESOLUTION NO. 1039 - EXPRESSING THE CITY COUNCIL’S SUPPORT OF A TAX DIFFERENTIAL AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR A TAX DIFFERENTIAL
Mr. Day moved and Mrs. Cathcart seconded to approve Resolution No. 1039. Finance Director John Cawley presented Resolution No. 1039 accepting a tax differential study and authorizing submitting a request to Wicomico County for a tax differential.
Resolution No. 1039 passed unanimously.
RESOLUTION NO. 1040 - ENTERPRISE ZONE ELIGIBILITY - COLES CIRCLE, LLC
Mr. Day moved and Mrs. Cathcart seconded to approve Resolution No. 1040. Executive Officer John Pick introduced Resolution No. 1040 declaring that Coles Circle, LLC, 408 Coles Circle, is eligible to receive Enterprise Zone benefits. The company met one of the requirements by investing more than $50,000 in the property.
Resolution No. 1040 passed unanimously.
RESOLUTION NO. 1041 - ACCEPTING GRANT FUNDS AWARDED THROUGH THE WICOMICO COUNTY CIGARETTE RESTITUTION COALITION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1041. Police Chief Allan Webster explained that Resolution No. 1041 accepts $3,000 in State grant funds awarded through the Wicomico County Cigarette Restitution Coalition to provide for overtime reimbursement for law enforcement efforts aimed at decreasing the availability of tobacco products to minors.
Resolution No. 1041 passed unanimously.
PUBLIC COMMENTS
Three members from the public commented on the following issues:
• questioned voting on each agenda item;
• implementing tree program in Salisbury;
• repairing leaks in parking garage;
• traffic congestion in Salisbury – change timing of traffic signals;
• questioned duties of Fire Department Chaplin and taxpayers funding vehicle for his use;
• recycling efforts – suggested Council meet with Recycling Task Force;
• place copy of audit report in Library;
• agenda items should be for benefit of all citizens;
• publication of work session agenda items;
• schedule work sessions for a time when citizens can attend;
• questioned if eCycling also included businesses; and
• resurfacing of Hammond and Priscilla Streets.
With no further business, the meeting adjourned at 9:07 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 2, 2003
TIME & PLACE: 4:05 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel matter - conduct interview for Fire Chief position
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Michael Dunn, Council Vice President Michael Day, Councilwoman Lynn Cathcart, Councilman Gary Comegys, City Clerk Brenda Colegrove, Human Resources Director Ed Cox, Mayor Tilghman (part of meeting), Executive Officer John Pick (part of meeting), David See
ABSENT: Councilwoman Lavonzella Siggers
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At 4:05 p.m., in Conference Room 305 of the City/County Government Building, Mr. Comegys moved to convene in Closed Executive Session to discuss a personnel matter (interview for Fire Chief position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Day seconded and the vote was unanimous.
Human Resources Director Ed Cox briefed the Council on the selection process. After interviewing the candidate and discussing a few issues with Mayor Tilghman and Executive Officer John Pick, the Council provided their consensus to the Mayor (Mr. Comegys recused).
At 5:50 p.m., upon a motion and a second by Mr. Day and Mr. Comegys, respectively, the closed session adjourned at 5:50 p.m.
City Clerk
Council President