CITY OF SALISBURY, MARYLAND
#2 MEETING JANUARY 26, 2004
Council Vice President Michael H. Day Councilwoman Lynn B. Cathcart
Councilman Gary A. Comegys Councilwoman Lavonzella Siggers
Mayor Barrie P. Tilghman
Council President Michael P. Dunn
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Building, Housing and Zoning Director William Holland, Public Works Director John Jacobs, Fire Chief David See, Planning and Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
CONVENING - ADOPTION OF AGENDA
The City Council and Mayor met in regular session at 6:00 p.m. in Council Chambers. Council Vice President Day called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mrs. Cathcart moved and Mr. Comegys seconded to approve the agenda as presented. Mr. Comegys moved to amend the agenda by deleting Ordinances No. 1896 and 1897 (budget amendments for various Public Works General Fund and Water and Sewer Fund items). Mrs. Cathcart seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF JANUARY 12, 2004 MINUTES
The January 12, 2004 minutes were unanimously approved on a motion by Mr. Comegys and seconded by Mrs. Cathcart.
AWARD OF BIDS
On a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively, the following item was approved as presented by Public Works Director John Jacobs:
Stirring Hotplate (601-4101-533.70-30; emergency purchase . . . . . . . . . . . . . . . . . . . . . $1,664.58
Fisher Scientific Company
ORDINANCE NO. 1892 - 2ND READING - HOME REPAIR LIEN AUTHORITY - ADDING ARTICLE XXVIII TO THE SALISBURY MUNICIPAL CODE, CITY TO REPAIR STRUCTURES - ASSESSMENT OF COST
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1892 for second reading. Director of Building, Housing and Zoning William Holland presented Ordinance No. 1892 amending Chapter 15.24, Housing Standards, of the Salisbury Municipal Code by adding Article XXVIII, City to Repair Structures - Assessment of Cost, which enables the City, after proper notice, to make repairs to structures and assess the cost to the owner.
Mr. Comegys moved to amend Ordinance No. 1892 by adding the following language as the first sentence in Section 15.24.1550:
“After an owner receives a municipal infraction for repairs and a court hearing thereon, the Director of Building, Housing and Zoning may issue a notice under this Article for incomplete repairs.”
Mrs. Cathcart seconded the motion. After a brief discussion, the amendment passed on a 3-1 vote with Ms. Siggers voting nay.
Ms. Siggers moved to postpone the Ordinance to a work session since the text of the Ordinance was not clear (i.e., implementation date; questionable if applicable to rentals and businesses as well has homeowners; source of funding; who makes the repairs). The motion died for lack of a second. After further discussion, Ordinance No. 1892 for second reading passed on a 3-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1893 - 2ND READING - AMENDING SALISBURY MUNICIPAL CODE TO ESTABLISH WATER RATE SCHEDULE FOR WOR-WIC COMMUNITY COLLEGE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1893 for second reading. Finance Director John Cawley briefed Council on Ordinance No. 1893 amending Section 13.08 of the Salisbury Municipal Code by establishing the following rate schedule for water service to Wor-Wic Community College:
Block No. Quarterly Charge
1st 300,000 gallons $3.69 per 1,000 gallons
2nd 300,000 gallons $2.15 per 1,000 gallons
All over 600,000 gallons $1.73 per 1,000 gallons
Ordinance No. 1893 for second reading passed unanimously.
RESOLUTION NO. 1070 - ESTABLISHING SEWER RATE FOR SERVICE TO WOR-WIC COMMUNITY COLLEGE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1070. Resolution No. 1070, as introduced by Finance Director John Cawley, approves the following sewer rate schedule for service to Wor-Wic Community College:
Block No. Quarterly Charge
1st 300,000 gallons $4.80 per 1,000 gallons
2nd 300,000 gallons $2.79 per 1,000 gallons
All over 600,000 gallons $2.24 per 1,000 gallons
Resolution No. 1070 passed unanimously.
ORDINANCE NO. 1894 - 2ND READING - REPEALING 2.10.010 OF THE SALISBURY MUNICIPAL CODE - SUPPLEMENTAL DUTIES OF CHIEF OF POLICE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1894 for second reading. Mayor Tilghman recommended repealing Section 2.10.010 of the Salisbury Municipal Code, Supplemental Duties of the Chief of Police, due to a conflict with the Annotated Code of Maryland, the City Charter and the Law Enforcement Officers Bill of Rights.
Ordinance No. 1894 for second reading passed on a 3-1 vote with Ms. Siggers casting the nay vote.
PUBLIC HEARING - ORDINANCE NO. 1895 - 1ST READING - TEXT AMENDMENT, SECTION 17.04.120, DEFINITIONS - FAMILY, TO CREATE A NEW SECTION EXCLUDING STUDENT HOUSING DEVELOPMENTS FROM THE DEFINITION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1895 for first reading. Planning and Zoning Director Jack Lenox and Planner Gloria Smith introduced Ordinance No. 1895, a text amendment to Section 17.04.120, Definitions-Family, of the Salisbury Municipal Code. The amendment creates a new section exempting certain student housing developments from the “two unrelated persons” limitation adopted in December 2002. The text amendment would exclude an existing college-oriented rental unit development, Cedar Crossing -- owned by Donnie Williams, from the two unrelated persons limitation. Mr. Williams would be able to continue the current occupancy past the June 2005 implementation date.
Mr. Williams acknowledged that in order to change to an R-8 zoning, he would have to prove there was a mistake made in the zoning or a change in use. He did not believe he could prove either situation. Mr. Williams also noted that Phase 2 of Cedar Crossing is zoned R-8A and everything around him is either R-8A or R-5A.
Mrs. Smith explained that at the time the Planning Commission reviewed the original annexation for Cedar Crossing and recommended the R-8 zoning, two family units were permitted by special exception so Mr. Williams could have the mixed development. However, they are not permitted any longer because the Code has been amended since then. In making zoning recommendations for annexations, they also look to see what the County’s Comprehensive Plan recommends for development of the area. It had recommended low density residential development, so the Commission did not want to recommend R-8A because that allowed multi-family. So at that time, it wasn’t a mistake to zone it R-8 because it fit with the long-range plan recommendation for the area.
Mr. Robert Taylor commented that he was not against this particular project, but he was against the methodology. He believed a comprehensive rezoning was needed, which is not subject to the change/mistake rule in Maryland, and had written a letter to Mr. Lenox concerning this aspect.
After further discussion, Ordinance No. 1895 for first reading passed unanimously.
ORDINANCE NO. 1898 - 1ST READING - FY04 COMMUNITY DEVELOPMENT ASSOCIATION (CDA) BOND ISSUE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1898 for first reading. Finance Director John Cawley introduced Ordinance No. 1898 enabling the City to borrow a maximum of $5,350,000 for the following:
Construction of a new Fire Headquarters $4,000,000
Isabella Street Shoreline Protection Project 450,000
Fire Ladder Aerial Truck Purchase 750,000
Issuance costs 150,000
Ordinance No. 1898 for first reading passed unanimously.
RESOLUTION NO. 1071 - WAIVER OF EMS FEES FOR VOLUNTEER FIREFIGHTERS AND CITY EMPLOYEES
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1071. Fire Chief David See addressed Resolution No. 1071 enacting Fire Department Policy #01/15/04-03 waiving fees for emergency medical services provided to employees of the City of Salisbury and volunteer members of the City of Salisbury Fire Department, Allen Fire Department and Fruitland Fire Department. The policy would not include elected officials. The City would provide payment for all emergency medical service fees not covered by insurance, Medicare and/or any other medical insurance.
Resolution No. 1071 passed unanimously.
RESOLUTION NO. 1072 - REAPPOINTMENT TO BOARD OF ELECTIONS SUPERVISORS
Mr. Comegys moved and Mrs. Cathcart second to approve Resolution No. 1072. Mayor Tilghman recommended the reappointment of William H. Smith to the Board of Elections Supervisors for a term expiring January 2010.
Resolution No. 1072 passed unanimously.
RESOLUTION NO. 1073 - APPOINTMENT TO CENTRAL CITY DISTRICT COMMISSION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1073. Mayor Tilghman recommended the appointment of Douglas Church to serve on the Central City District Commission for a term expiring September 2004. Mr. Church fills the vacancy created by the resignation of Gordon Gladden from the Commission.
Resolution No. 1073 passed unanimously.
RESOLUTION NO. 1074 - AUTHORIZING MAYOR TO SIGN AN AGREEMENT ESTABLISHING AN ENDOWMENT FOR THE BRIDGE AND BANDSTAND IN THE CITY PARK
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1074. Resolution No. 1074, as presented by Mayor Tilghman, authorizes the mayor to sign an agreement with the Community Foundation of the Eastern Shore to establish an endowment fund ($60,000) for the perpetual maintenance and upkeep of the footbridge and bandstand in the City Park.
Resolution No. 1074 passed unanimously.
RESOLUTION NO. 1075 - ESTABLISHING DATE FOR A PUBLIC HEARING - OLD OCEAN CITY ROAD/FARLOW FARM ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1075. Public Works Director John Jacobs introduced Resolution No. 1075 establishing a public hearing on March 22, 2004 for annexing 37.5 acres located on the northerly side of Old Ocean City Road to be known as the Old Ocean City Road-Farlow Farm Annexation. The property would be zoned R-10A Residential upon annexation with plans to develop 194 townhouses.
Resolution No. 1075, establishing a public hearing for March 22, 2004, was unanimously approved.
PROPOSED ANNEXATION REQUEST - HARFORD ROAD/HOMES AT FOXFIELD ADDITION
Public Works Director John Jacobs presented an annexation request of .85 acres (Harford Road/Homes at Foxfield Addition) located at the southwest corner of the Harford Road and W. Zion Road intersection. A zoning classification of Light Business and Institutional was requested upon annexation. Development plans include a privately maintained roadway to serve the Homes at Foxfield Apartments from Harford Road.
The Council gave a consensus to move forward with an annexation Resolution.
MANUFACTURING EXEMPTION REQUEST - CLEARCOMM TECHNOLOGIES, LLC
Mrs. Cathcart moved and Mr. Comegys seconded to approve a manufacturing exemption request for ClearComm Technologies, LLC. Finance Director John Cawley presented ClearComm’s request for an exemption from personal property tax for their equipment purchased in 2002. Over the next five years, the company would benefit by a savings of $1,048 in personal property tax.
The manufacturing exemption request for ClearComm Technologies, LLC was unanimously approved.
With no further business, the meeting adjourned at 7:07 p.m.
CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
JANUARY 30, 2004
TIME & PLACE: 4:15 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with legal counsel and administration regarding pending litigation and acquisition of property
VOTE TO CLOSE: Unanimous (3-0)
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(8)
PRESENT: Council President Michael Dunn (portion of meeting), Council Vice President Michael Day, Councilwoman Lynn Cathcart, Councilman Gary Comegys, Mayor Barrie P. Tilghman, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs (portion of meeting)
ABSENT: Councilwoman Lavonzella Siggers
At 4:15 p.m. in Conference Room 305 of the City/County Government Building, Mrs. Cathcart moved to convene in Closed Executive Session to consult with legal counsel and administration concerning pending litigation and acquisition of property as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7)(8). Mr. Comegys seconded and the vote was unanimous. Council President Dunn was not present during the vote to close.
City Solicitor Paul Wilber and Mayor Tilghman provided an update on the zoo lawsuit and the lawsuit involving two former Council members concerning a bid award. This was a briefing
only – no action was taken by the Council.
Mr. Wilber advised the Council on the latest negotiations in acquiring property for a new fire station. After discussion, a consensus was reached among the three Council members present. The City Solicitor was given direction on how to proceed in acquiring the property.
At 5:26 p.m., upon a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the closed session adjourned at 5:26 p.m.