CITY OF SALISBURY, MARYLAND
#23 MEETING DECEMBER 12, 2005
PRESENT
Council President Michael P. Dunn Council Vice President Gary A. Comegys
Councilwoman Deborah S. Campbell Councilwoman Lynn B. Cathcart
Councilwoman Eugenie P. Shields Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Acting Director of Procurement & Parking Erin Kesler, Planning & Zoning Director Jack Lenox, Major Jeff Livingston, Fire Chief David See, 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 the Chipman Cultural Center. Council President Dunn called the meeting to order. Councilwoman Shields welcomed everyone to the Chipman Cultural Center and extended appreciation to Vance Elbert and Wayne Ballard for their assistance. The Lord's Prayer and the Pledge of Allegiance were recited.
On a motion by Mrs. Shields and seconded by Mrs. Cathcart, the agenda as presented was unanimously approved.
APPROVAL OF NOVEMBER 28, 2005 MINUTES
The November 28, 2005 minutes were unanimously approved upon a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively.
CERTIFICATES OF RECOGNITION
Certificates of Recognition were presented to the Parkside High School Field Hockey Team for winning their first Maryland 2A Field Hockey State Championship. The Salisbury University Lady Gulls Field Hockey Team also received Certificates of Recognition for winning their third consecutive NCAA Division III Championship.
RESOLUTION NO. 1336 - APPROVING A REVOLVING LOAN FUND TO SUSHI DE KANPAI, LLC
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1336. City Administrator John Pick, along with Ms. Kumiko Suzuki, introduced Resolution No. 1336 approving a loan of $50,000 from the City’s revolving loan fund to Sushi De Kanpai, LLC. The funds will be used for the renovation and equipment purchase for a sushi restaurant located at 109/111 W. Main Street.
After a brief discussion, Resolution No. 1336 passed unanimously.
RESOLUTION NO. 1339 - ENTERPRISE ZONE ELIGIBILITY - LIFE SHIELD ENGINEERED SYSTEMS, INC.
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No 1339. City Administrator John Pick presented Resolution No. 1339 and recommended that Life Shield Engineered Systems, LLC located at 1938 Windsor Drive be designated as eligible to receive the benefits of the Enterprise Zone.
Resolution No. 1339 was unanimously approved.
PUBLIC HEARING - ORDINANCE NO. 1978 - 1ST READING - ZONING TEXT AMENDMENT AYDELOTTE FARM
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1978 for first reading. Planning & Zoning Director Jack Lenox reviewed Ordinance No. 1978 amending the approved Preliminary Development Plan and the text of Chapter 17.150.050, Aydelotte Farm PRD #7. The Planning Commission forwarded a favorable recommendation for approval of the revised preliminary development plan and adoption of the proposed text amendments. The revised development scheme proposes less density with 568 housing units (76 single-family, 54 duplex, 294 townhouse and 144 condominium units) and two commercial pads (1.5 acres each). In response to Mr. James Trader’s comments, Mr. Lenox advised that he would make sure the developers are aware of a cemetery on the Aydelotte Farm.
Ordinance No. 1978 for first reading passed unanimously.
ORDINANCE NO. 1965 - 2ND READING - ZONING TEXT AMENDMENT REZONING VILLAGE AT SALISBURY LAKE; ORDINANCE NO. 1966 - 2ND READING - ZONING TEXT AMENDMENT REZONING ST. ALBAN’S PRD
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1965 for second reading. Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. 1966 for second reading. Planning & Zoning Director Jack Lenox, Mr. Jon Natelson and Mr. Mike Dzaman addressed Ordinance No. 1965, establishing Planned Development District #3 Village at Salisbury Lake, and Ordinance No. 1966, establishing St. Alban’s Commons Planned Development District #2. Mr. Lenox reported that, since the last hearing, additional details were reviewed involving public streets, right-of-ways and travel widths as discussed in a November 23, 2005 memo from the Department of Public Works (copy attached and made a part of the official minutes). Although the final issues will be determined at the final development plan phase, Mr. Lenox recommended incorporating by reference the November 23, 2005 correspondence as an addendum to the development guidelines.
A discussion ensued on whether to incorporate by reference the November 23, 2005 correspondence. Mr. Dzaman preferred that Council take no action tonight in order to work through the list of issues. Mr. Natelson related that some issues had not been the subject of discussion before (i.e., length of driveways). Mayor Tilghman indicated that some issues (i.e., alleys) were ones that the developers and Public Works were unable to agree upon. Incorporating the correspondence as an addendum would ensure the issues are addressed.
After further discussion, Mrs. Campbell moved to postpone Ordinance No. 1965 and Ordinance No. 1966 until the second meeting in January to allow time for discussions among the parties. All voted in favor of postponing Ordinance Nos. 1965 and 1966.
(The Council took a break at 7:25 p.m. and reconvened at 7:30 p.m.)
ORDINANCE NO. 1967 - 2ND READING - AMENDING CHAPTER 8.20, NOISE, OF THE SALISBURY MUNICIPAL CODE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1967 for second reading. Major Jeff Livingston presented Ordinance No. 1967 amending Chapter 8.20, Noise, of the Salisbury Municipal Code prohibiting certain conduct on commercial property and providing penalties for violations. Major Livingston mentioned that the two issues raised at the first reading, pick up by waste collectors from dumpsters and refrigeration trucks, are being addressed.
After further discussion, Ordinance No. 1967 for second reading was unanimously approved.
ORDINANCE NO. 1968 - 2ND READING - AMENDING SECTION 2.12, DEPARTMENT OF BUILDING, HOUSING AND ZONING; ORDINANCE NO. 1969 - 2ND READING - ENACTING CHAPTER 2.14 - DEPARTMENT OF NEIGHBORHOOD SERVICES AND CODE COMPLIANCE; ORDINANCE NO. 1970 - 2ND READING - AMENDING SECTION 1.16 - INFRACTIONS AND CIVIL ZONING; ORDINANCE NO. 1971 - 2ND READING - AMENDING CHAPTER 8 - HEALTH AND SAFETY; ORDINANCE NO. 1972 - 2ND READING - AMENDING CHAPTER 12.32 - PEDESTRIAN MALLS; ORDINANCE NO. 1973 - 2ND READING - AMENDING CHAPTER 13 - PUBLIC SERVICES; ORDINANCE NO. 1974 - 2ND READING - AMENDING CHAPTER 15 - BUILDINGS AND CONSTRUC-
TION; ORDINANCE NO. 1975 - 2ND READING - AMENDING CHAPTER 16 - SUBDIVISIONS; ORDINANCE NO. 1976 - 2ND READING - AMENDING CHAPTER 17 - ZONING
Mrs. Shields moved and Mrs. Cathcart seconded to approve for second reading Ordinance Nos. 1968 through 1976. City Solicitor Paul Wilber recapped the provisions of splitting the Building, Housing and Zoning Department into two departments – Building, Permitting and Inspections and Neighborhood Services and Code Compliance.
Ordinance Nos. 1968 through 1976 for second reading were unanimously approved.
ORDINANCE NO. 1977 - 2ND READING - BUDGET AMENDMENT TO FUND CREATION OF NEW NEIGHBORHOOD SERVICES AND CODE COMPLIANCE DEPARTMENT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1977 for second reading. Building, Housing & Zoning Director William Holland addressed Ordinance No. 1977 allocating funds for the Building, Permitting and Inspections Department ($199,487) and Neighborhood Services and Code Compliance Department ($193,670).
Ordinance No. 1977 for second reading passed unanimously.
ORDINANCE NO. 1979 - 1ST READING - REQUIRING REGISTRATION FOR VACANT DWELLINGS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1979 for first reading. Director of Building, Housing & Zoning William Holland introduced Ordinance No. 1979 requiring that all vacant dwellings be registered with the Department of Neighborhood Services and Code Compliance.
Questions were raised concerning whether the fee structure would withstand legal challenge and comments were expressed noting several reasons why a property may be vacant (i.e., property not selling within a reasonable time; title search problem, divorce/separation; legal disputes).
Ordinance No. 1979 for first reading failed to pass with all five members voting against the Ordinance.
ORDINANCE NO. 1980 - 1ST READING - CHANGING NOTICE REQUIREMENTS FOR ABATEMENT OF TALL GRASS AND WEED VIOLATIONS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1980 for first reading. Building, Housing & Zoning Director William Holland introduced Ordinance No. 1980 amending Chapter 8.08 of the Salisbury Municipal Code. The amendment would require the City to send only two notices to a person in any calendar year. After two warning notices have been sent, the Department of Neighborhood Services and Code Compliance can have the grass cut without notice. A section was also added giving the owner a right to appeal to the Housing Board of Adjustments and Appeals.
Ordinance No. 1980 for first reading passed unanimously.
(The Council took a break at 8:26 p.m. and reconvened at 8:32 p.m.)
Mrs. Campbell moved to postpone Ordinance No. 1981 and Resolution Nos. 1340 through 1344 until the first meeting in January. Mrs. Shields seconded and the vote was unanimously.
The meeting adjourned at 8:34 p.m.