CITY OF SALISBURY, MARYLAND

 

#7 MEETING     APRIL 11, 2005

 

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, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Public Works Director John Jacobs, Fire Chief David See, Police Chief Allan Webster, 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 6:00 p.m. in Council Chambers.  Council President Dunn called the meeting to order.  A moment of silence was held in memory of the passing of Frank Perdue.  The Lord's Prayer and the Pledge of Allegiance were recited.

 

Council President Dunn thanked the students at Salisbury University who were participating in a clean up event in the Camden area and for their painting of murals on the Westside of Salisbury.

 

Councilman Comegys and City Clerk Brenda Colegrove announced that Assistant City Clerk Mary Church received her Certified Municipal Clerk designation from the International Institute of Municipal Clerks.

 

Council President Dunn announced that the Council would convene in a closed session immediately following the conclusion of the regular meeting to consult with legal counsel on the acquisition of property.

 

Ms. Siggers moved and Mrs. Cathcart seconded to approve the agenda as presented.  Mrs. Cathcart moved to amend the agenda by deleting Resolution No. 1225 (authorizing the Mayor to sign a Management Services Agreement with Coastal Properties Management, Inc. for management of the Port of Salisbury Marina) and adding Resolution No. 1227 (accepting a grant from Maryland State Highway Administration for sidewalk improvements).  Mr. Day seconded and the amendment passed unanimously.  The agenda, as amended, was unanimously approved.

 

 

PROCLAMATION PROCLAIMING “FAIR HOUSING MONTH”

 

Mayor Tilghman presented a proclamation proclaiming the month of April as “Fair Housing Month” in the City of Salisbury.  Ms. Lori Carter accepted the proclamation on behalf of the Coastal Counties Community Housing Resources Board.

 

PROCLAMATION PROCLAIMING “AUTISM AWARENESS MONTH”

 

Mayor Tilghman presented a proclamation to Ms. Crystal Holman proclaiming April 2005 as “Autism Awareness Month” in the City of Salisbury.

 

APPROVAL OF MARCH 28, 2005 MINUTES

 

On a motion and a second by Ms. Siggers and Mr. Day, respectively, the March 28, 2005 minutes were unanimously approved.

 

ORDINANCE NO. 1931 - 2^ND READING - ADOPTING SALARY REVIEW COMMITTEE’S RECOMMENDED SALARY INCREASES FOR THE MAYOR & COUNCIL

 

Mr. Comegys moved and Ms. Siggers seconded to approve Ordinance No. 1931 for second reading.  Mr. Neal White, Chair of the Salary Review Committee, reported that the committee met on April 7, public comments were heard, and the committee voted unanimously to go forth with the recommendations as proposed.

 

Highlights of the public comments were:

 

•                     didn’t disagree with a raise, but disagreed with the dollar amount;

•                     suggested a 3%-20% salary increase to start instead of 100% and 150%;

•                     opined that Council members receive $40/hour;

•                     believed compensation was being received that the residents could afford;

•                     concern that committee did not know total overall cost of government – no justification for increase; and

•                     meetings leading to the salary recommendations were held in secret – citizens denied access to open government.

 

After receiving a few brief comments from the Council members, Ordinance No. 1931 for second reading passed unanimously.

 

 

 

 

 

 

 

ORDINANCE NO. 1933 - 2^ND READING - FY05 BUDGET AMENDMENT TRANSFERRING FUNDS FROM THE RATE STABILIZATION FUND TO COVER A SHORTFALL IN THE BUDGET FOR INSURANCE PREMIUMS

 

Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1933 for second reading.  Finance Director John Cawley presented Ordinance No. 1933 amending the FY05 operating fund budgets to provide additional funds of $218,700 for payment of health insurance premiums.  The under funding was due to an underestimation of the effect of the increased retiree health care coverage benefit, the effect of the switch from Delmarva HMO to Blue Cross HMO and the movement of employees from the HMO to regular Blue Cross coverage when the single coverage co-pay was removed.

 

All voted in favor of Ordinance No. 1933 for second reading with the exception of Ms. Siggers who abstained.

 

ORDINANCE NO. 1934 - 1^ST READING - AMENDING ORDINANCE NO. 1898 TO REDESIGNATE FUNDS FROM THE AERIAL LADDER TRUCK TO THE PURCHASE OF TWO FIRE ENGINES

 

Mr. Comegys moved and Ms. Siggers seconded to approve Ordinance No. 1934 for first reading.  Finance Director John Cawley and Fire Chief David See introduced Ordinance No. 1934 amending Ordinance No. 1898 to redesignate funds ($750,000) allocated for an aerial ladder truck from the 2004 Bond Issue to the purchase of two fire engines.  A bid for the two engines has been received in the amount of $790,000.  The remaining $40,000 would come out unappropriated surplus in the EMS Fund (Ordinance No. 1935).

 

Ordinance No. 1934 for first reading passed unanimously.

 

ORDINANCE NO. 1935 - 1^ST READING - FY05 BUDGET AMENDMENT APPROPRIATING UNBUDGETED SURPLUS EMS FUNDS TO PURCHASE FIRE APPARATUS

 

Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1935 for first reading.  Ordinance No. 1935, appropriating unbudgeted surplus EMS funds to cover the $40,000 shortfall in purchasing the two fire engines, was unanimously approved.

 

 

 

 

 

 

 

 

 

PUBLIC HEARING - ORDINANCE NO. 1936 - 1^ST READING - REZONING GENERAL COMMERCIAL DISTRICT TO RIVERFRONT REDEVELOPMENT MULTI-USE DISTRICT - LAKE STREET AND WICOMICO RIVER AND TEXT AMENDMENTS - RIVERFRONT REDEVELOPMENT MULTI-USE DISTRICT AND PARKING STANDARDS IN THE RIVERFRONT REDEVELOPMENT MULTI-USE DISTRICT AND THE CENTRAL BUSINESS DISTRICT

 

Mr. Comegys moved and Mr. Day seconded to approve for public hearing and first reading Ordinance No. 1936.  Director of Planning & Zoning Jack Lenox provided an overview of Ordinance No. 1936.  The Ordinance includes a rezoning of  property located on the northerly side of U.S. Route 50, the easterly side of Lake Street and the westerly side of the Wicomico River from General Commercial to Riverfront Redevelopment District and text amendments to Sections 17.104, 17.168 and 17.196 to amend the Riverfront Redevelopment Multi-Use District to create District #1 and District #2 and amend the parking standards relative to the Riverfront Redevelopment Multi-Use District and the Central Business District.

 

Highlights of public comments:

 

 

•                     questioned if advance notice was given for the public hearing;

•                     questioned if property owners in that area had been contacted of the proposed changes;

•                     opposed to deleting the river uses on the north side – wanted the north prong to remain open (written statement submitted to Council attached to official minutes);

•                     opinion that permitted uses are included that do not seem consistent with the purpose of District #1 (i.e., detention facilities, hospitals, nursing homes, parking lot or structure);

•                     should simplify the setback requirements in Section 17.104.040 1.a;

•                     should specify that it is residential density in Section 17.104.040 B.2.b.;

•                     did not believe Section 17.104.040 B.4.b (Board may solicit any expert review and advice to assist it in making a decision on the request for increased height and/or density) was permitted under Maryland Law; and

•                     should reserve the north prong for commercial use.

 

After further discussion, Mr. Comegys moved to adopt the Resolution of Decision and Findings of Fact.  Mrs. Cathcart seconded and the vote was unanimous.  A copy is attached and made a part of the official minutes.  All voted in favor of Ordinance No. 1936 for first reading with the exception of Ms. Siggers who abstained.

 

RESOLUTION NO. 1222 - ADOPTING THE WICOMICO COUNTY MULTI-HAZARD MITIGATION PLAN

 

Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1222.  Fire Chief David See, Police Chief Allan Webster and Mr. Doug Jones, Wicomico County Emergency Management Agency, addressed Resolution No. 1222 adopting the Wicomico County Multi-Hazard Mitigation Plan.  An adopted plan is required by the federal government as a condition of future funding for hazard mitigation projects.

Resolution No. 1222 was unanimously approved.

 

RESOLUTION NO. 1223 - APPROVING LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE CHAMBER OF COMMERCE FOR THE SALISBURY FESTIVAL

 

Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1223.  City Administrator John Pick and Chamber of Commerce Executive Director Brad Bellacicco discussed Resolution No. 1223 approving a lease agreement between the City of Salisbury and the Chamber of Commerce for the Salisbury Festival to be held April 29 through May 1, 2005.

 

Resolution No. 1223 passed unanimously.

 

RESOLUTION NO. 1224 - APPROVING LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE AMERICAN DIABETES ASSOCIATION FOR THE SALISBURY FESTIVAL

 

Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1224.  Resolution No. 1224, as presented by City Administrator John Pick and Mr. Brad Bellacicco, approves a lease agreement between the City of Salisbury and the American Diabetes Association for the Mini-Grand Prix Race to be held in conjunction with the Salisbury Festival.

 

Resolution No. 1224 was unanimously approved.

 

RESOLUTION NO. 1226 - APPOINTMENT TO THE CITY PARK COMMITTEE

 

Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1226.  Mayor Tilghman recommended the appointment of Mr. Kenneth S. Manning, Jr. to the City Park Committee for a term ending December 2006.

 

Resolution No. 1226 passed unanimously.

 

RESOLUTION NO. 1227 - ACCEPTING A GRANT FROM THE MARYLAND STATE HIGHWAY ADMINISTRATION FOR SIDEWALK IMPROVEMENTS

 

Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1227.  Public Works Director John Jacobs introduced Resolution No. 1227 accepting a grant of $400,000 from the Maryland State Highway Administration for sidewalk improvements for the following areas: