CITY OF SALISBURY, MARYLAND
#22 MEETING NOVEMBER 28, 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, Finance Director John Cawley, Grants/Special Projects Director Loré Chambers, 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, 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. The Lord's Prayer and the Pledge of Allegiance were recited. Council President Dunn welcomed scouts from Troop #115.
Mr. Comegys moved and Mrs. Shields seconded to approve the agenda as presented. Mrs. Campbell moved to amend the agenda by removing Resolution No. 1313 (East Naylor Mill Road-Ruark (formerly Cannon) Property Annexation, Resolution No. 1314 (Johnson Road-Smith Property Annexation) and Resolution No. 1330 (establishing date for a public hearing Dagsboro Road-Faith Baptist Church Annexation), and moving Resolution No. 1331 (approving waiver of capacity fee for Westbrook Apartment Homes) for consideration after the Award of Bids. Mrs. Cathcart seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF NOVEMBER 14, 2005 MINUTES
On a motion by the Mrs. Shields and seconded by Mrs. Cathcart, the November 14, 2005 minutes were unanimously approved.
AWARD OF BIDS
Mr. Comegys moved and Mrs. Campbell seconded to approve the Award of Bids. Acting Director of Procurement & Parking Erin Kesler presented the following items:
1. Contract No. 101-06 Wheel Loader ........................................................................ $126,911.00
Account #86083-558600 Alban Tractor
2. Contract No. 7-06-BLDG Pole Building, Change Order No. 1.................................... $6,584.00
Account #86083-577015 Delmarva Pole Building
The above items were unanimously approved.
RESOLUTION NO. 1331 - WAIVER OF CAPACITY FEE FOR WESTBROOK APARTMENT HOMES
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1331. Public Works Director John Jacobs, along with Mr. Jeff Paxson representing the Shelter Group, introduced Resolution No. 1331. The Resolution authorizes the waiver of a capacity fee ($406,800 - 96 Equivalent Dwelling Units) for an affordable housing development known as the Westbrook Apartment Homes.
All voted in favor of Resolution No. 1331 with the exception of Mrs. Campbell’s abstention.
ORDINANCE NO. 1963 - 2ND READING - AMENDING CHAPTER 2.36, DISPOSITION OF SURPLUS OR UNUSED PROPERTY, TO PERMIT THE DISPOSITION OF REAL PROPERTY BY AUCTION SALE
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1963 for second reading. Acting Director of Procurement & Parking Erin Kesler presented Ordinance No. 1963 amending Chapter 2.36, Disposition of Surplus or Unused Property, of the Salisbury Municipal to permit the disposition of real property by auction sale.
After a brief discussion, Ordinance No. 1963 for second reading was unanimously approved.
ORDINANCE NO. 1964 - 2ND READING - ADOPTION OF NEW PLUMBING CODE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1964 for second reading. Building, Housing & Zoning Director William Holland presented Ordinance No. 1964 adopting the Maryland State Plumbing Code as the plumbing code for the City of Salisbury (replaces Salisbury Practical Plumbing Code adopted in 1990).
Ordinance No. 1964 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1965 - 1ST READING - ZONING TEXT AMENDMENT REZONING VILLAGE AT SALISBURY LAKE; PUBLIC HEARING - ORDINANCE NO. 1966 - 1ST READING - ZONING TEXT AMENDMENT REZONING ST. ALBAN’S PRD
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance Nos. 1965 and 1966 for first reading. Planning & Zoning Director Jack Lenox addressed two zoning text amendments – 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. Jon Natelson gave an overview of the proposed plan to develop the old Salisbury Mall site consisting of 823 units.
Highlights of public comments/concerns included:
• over development of residential properties;
• adopt a policy to grow in quality and not in quantity – establishing a fair and reasonable density limit;
• density too high for this project;
• letters submitted from neighbors in the surrounding area expressing concern with cut-through traffic on Wyman and Glendale Drives, close alignment of Wyman Drive and the entrance to the proposed project (attached to official minutes);
• referenced and distributed a copy of the August 16, 2005 letter from Abigail Marsh in the City Attorney’s office pertaining to sufficient standards to withstand judicial scrutiny and a July 14, 2005 letter from Mayor Tilghman asking that the Planning Commission consider certain issues during their review of the redevelopment of the old Salisbury Mall site (attached to official minutes);
• did not believe there were specific standards for Planned Development Districts;
• requested that this project be returned to the Planning Commission for further revision and consideration of no more than 550 units;
• referenced a letter in Planning & Zoning’s file from an anonymous person, with a degree in planning, concerning specific standards for Planned Development Districts;
• distributed copy of Section 17.08.010 of the Salisbury Municipal Code listing types of zoning districts in which Planned Development Districts are not included (attached to official minutes);
• questioned why application was changed from a Planned Residential District to a Planned Development District;
• encouraged City to seek independent legal advice on whether a Planned Development District is an actual district;
• project not compatible with surrounding area;
• referenced and distributed a copy of a July 8, 1996 letter from Frederick Ward Associates, Inc. addressing traffic problems in the area (attached to official minutes);
• project would have devastating impact on surrounding neighborhoods, already overcrowded schools and traffic;
• concern with on-street parking proposed for Civic Avenue; and
• should consider large scale developments like the old Salisbury Mall site in the consultant’s study.
Mr. Wilber reported that the August 16, 2005 letter was a response to Corinne LesCallette’s query on whether Section 17.108, Planned Development section, would withstand judicial scrutiny. Mr. Wilber read the following statement included in the letter:
“The bottom line is that a zoning decision based on 17.108 (as written) is likely to be held legally sufficient provided that the Commission details in its report any Code sections relied upon in making its determination.”
Mr. Wilber noted that the Planned Development District section has a few standards, but not as many development standards as the Planned Residential District section. Mr. Wilber opined that this would not create a legal defect that would kill this Planned Development District and in his opinion would pass legal muster if passed by the Council.
Mr. Lenox pointed out that the applicant’s proposal did not change. Initially, the planning staff began to review this as a traditional planned residential development, but revised their staff report once they realized it was a planned development district development.
(The Council took a break at 7:18 p.m. and reconvened at 7:23 p.m.)
Mrs. Shields, Mrs. Cathcart, and Messrs. Comegys and Dunn voiced their support of the proposed legislation. Mrs. Campbell believed there were still a lot of answered questions (distributed copies of November 13 and November 23, 2005 e-mails to the City Solicitor – attached to official minutes) and, therefore, moved to table Ordinance Nos. 1965 and 1966 for discussion at a work session. The motion died for lack of a second. Mrs. Campbell noted her concern with the project containing 16.5 units per acre and moved to return this issue to Planning & Zoning to see if they come back with the recommendation of 550 units instead of 823 units. The motion died for lack of a second.
On a motion and a second by Mrs. Cathcart and Mrs. Shields, respectively, the Findings of Fact, Attachments G and H, were approved on a 4-1 vote with Mrs. Campbell casting the nay vote. Ordinance No. 1965 and Ordinance No. 1966 passed on a 4-1 vote for first reading. Mrs. Campbell voted nay.
ORDINANCE NO. 1967 - 1ST READING - AMENDING CHAPTER 8.20, NOISE, OF THE SALISBURY MUNICIPAL CODE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1967 for first reading. Major Jeff Livingston from the Salisbury Police Department introduced Ordinance No. 1967 and provided an overview of the following amendments to Chapter 8.20, Noise, of the Salisbury Municipal Code prohibiting certain conduct on commercial property and providing penalties for violations:
• added provision prohibiting frequent, repetitive sounds from engines or motor vehicles between the hours of 6:00 p.m. and 7:00 a.m. when the sounds annoy or disturb the neighbors;
• added provision prohibiting loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers on any commercial property located within 100 yards of a residential structure between the hours of 11:00 p.m. and 7:00 a.m.;
• prohibiting trash collection from commercial property between the hours of 11:00 p.m. and 7:00 a.m. when the property is located within 100 yards of a residential structure; and
• added section providing for a graduated penalty from $100 to $500 with each day being a separate violation.
Two items were requested to be addressed prior to the second reading – when the waste haulers actually collect from the dumpsters and whether refrigerated trucks are covered as a nuisance.
All voted in favor of Ordinance No. 1967 for first reading with the exception of Mrs. Campbell who abstained.
ORDINANCE NO. 1968 - 1ST READING - AMENDING SECTION 2.12 - DEPARTMENT OF BUILDING, HOUSING AND ZONING; ORDINANCE NO. 1969 - 1ST READING - ENACTING CHAPTER 2.14 - DEPARTMENT OF NEIGHBORHOOD SERVICES AND CODE COMPLIANCE; ORDINANCE NO. 1970 - 1ST READING - AMENDING SECTION 1.16 - INFRACTIONS AND CIVIL VIOLATIONS; ORDINANCE NO. 1971 - 1ST READING- AMENDING CHAPTER 8 - HEALTH AND SAFETY; ORDINANCE NO. 1972 - 1ST READING - AMENDING CHAPTER 12.32 - PEDESTRIAN MALLS; ORDINANCE NO. 1973 - 1ST READING - AMENDING CHAPTER 13 - PUBLIC SERVICES; ORDINANCE NO. 1974 - 1ST READING - AMENDING CHAPTER 15 - BUILDINGS AND CONSTRUCTION; ORDINANCE NO. 1975 - 1ST READING - AMENDING CHAPTER 16 - SUBDIVISIONS; ORDINANCE NO. 1976 - 1ST READING - AMENDING CHAPTER 17 - ZONING
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance Nos. 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975 and 1976 for first reading. City Solicitor Paul Wilber gave an overview of each of the proposed Ordinances which splits the Building, Housing and Zoning Department into two departments – Building, Permitting and Inspection and Neighborhood Services and Code Compliance. Changes were made as appropriate to reference the two departments and new sections were created to establish the Department of Neighborhood Services and Code Compliance. Mr. Wilber requested an amendment to Ordinance No. 1968 by putting back in the reference to zoning codes (zoning had been struck through as a deletion). Mr. Wilber will double-check to ensure that the 4-3 law was incorporated into the changes.
Mr. Comegys moved and Mrs. Shields seconded to amend Ordinance No. 1968 to reinstate the references to zoning code. The amendment passed unanimously. Ordinance Nos. 1968 as amended, 1969, 1970, 1971, 1972, 1973, 1974, 1975 and 1976 were unanimously approved for first reading.
ORDINANCE NO. 1977 - 1ST READING - BUDGET AMENDMENT TO FUND CREATION OF NEW NEIGHBORHOOD SERVICES AND CODE COMPLIANCE DEPARTMENT AND RESOLUTION NO. 1329 TRANSFERRING FUNDS FROM THE CITY CONTINGENCY TO FUND NEW NEIGHBORHOOD SERVICES AND CODE COMPLIANCE DEPARTMENT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1977 for first reading and Resolution No. 1329. Ordinance No. 1977 and Resolution No. 1329 were introduced by Building, Housing & Zoning Director William Holland to allocate funding for the Building, Permitting & Inspections Department and the Neighborhood Services and Code Compliance Department. Ordinance No. 1977 amends the FY06 budget by decreasing the Building, Housing & Zoning Department’s budget by $393,157 and allocating $199,487 to the Building, Permitting & Inspections Department and $193,670 to the Neighborhood Services and Code Compliance Department. Resolution No. 1329 transfers $69,487 from the City Contingency to the Neighborhood Services and Code Compliance Department.
Ordinance No. 1977 for first reading and Resolution No. 1329 were unanimously approved.
RESOLUTION NO. 1332 - EXPRESSING CITY COUNCIL’S SUPPORT OF A TAX SETOFF AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR A TAX SETOFF
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1332. Finance Director John Cawley presented Resolution No. 1332 accepting the tax differential study prepared by the City’s Finance Department and authorizing the submission of a request for a tax differential to Wicomico County.
Resolution No. 1332 was unanimously approved.
RESOLUTION NO. 1333 - ADOPTION OF REVISED TRAVEL POLICY
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1333. Resolution No. 1333, as reviewed by Finance Director John Cawley, revises the travel policy by:
• combines the City Council’s travel policy and the employees’ travel policy into one policy;
• increases the per diem meal allowance from $35.00 to $40.00;
• changes the reimbursement for taxable meals (not part of a conference) to payroll reimbursement;
• provides a form for both travel advance and travel expense accounting;
• eliminates the need for a purchase authorization; and
• sets time requirements for advance availability (two weeks before trip) and accountability (two weeks after return).
• Resolution No. 1333 passed unanimously.
RESOLUTION NO. 1334 - RESOLUTION OF SUPPORT FOR PRESERVE AMERICA COMMUNITY DESIGNATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1334. Grants/
Special Projects Director Loré Chambers presented Resolution No. 1334 approving an application to the Preserve America Communities Advisory Council on Historic Preservation for Salisbury’s designation as a Preserve America Community.
All voted in favor of Resolution No. 1334 with the exception of Mrs. Shields’ abstention.
RESOLUTION NO. 1335 - AMENDING CITY COUNCIL REGULATIONS AND RULES OF ORDER
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1335. City Clerk Brenda Colegrove introduced Resolution No. 1335 amending the City Council’s Regulations and Rules of Order to prohibit placards, banners and signs in Council Chambers or in any other room in which the Council is meeting. Exhibits, displays and visual aids used in connection with presentations to the Council will be permitted.
Resolution No. 1335 was unanimously approved.
RESOLUTION NO. 1336 - APPROVING A REVOLVING LOAN FUND LOAN TO SUSHI DE KANPAI, LLC
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1336. Since the applicant was not present to address questions by the Council, Mrs. Campbell moved to postpone Resolution No. 1336 until a future date. Mrs. Shields seconded and the motion passed unanimously.
RESOLUTION NO. 1337 - APPOINTMENT TO TRAFFIC AND SAFETY ADVISORY COMMITTEE; RESOLUTION NO. 1338 - REAPPOINTMENTS TO HISTORIC DISTRICT COMMISSION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1337 and Resolution No. 1338. Mayor Tilghman recommended the following:
appointment to Traffic and Safety Advisory Committee
Lucilla L. Graff for a term ending July 2007
reappointments to Historic District Commission
Randy Taylor, Betsy Wolfe and Nancy T. Carey for terms ending October 2008
Resolution No. 1337 and Resolution No. 1338 were unanimously approved.
With no further business, the meeting adjourned at 8:45 p.m.
CITY OF SALISBURY
CLOSED SESSION
NOVEMBER 29, 2005
TIME & PLACE: 4:30 p.m., Conference Room 300 - City/County Government Office Building
PURPOSE: Personnel matter
VOTE TO CLOSE: Unanimous (4-0)
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Michael P. Dunn, Council Vice President Gary A. Comegys, Councilwoman Lynn B. Cathcart, Councilwoman Eugenie P. Shields, City Clerk Brenda Colegrove
ABSENT: Councilwoman Deborah S. Campbell
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At 4:30 p.m., in Conference Room 300 of the City/County Government Office Building, Mr. Comegys moved to convene in closed session to discuss a personnel matter (interview for Director of Procurement & Parking position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Cathcart seconded and the vote was unanimous.
After interviewing the candidate, the Council asked that their findings be forwarded to the Mayor. At 5:25 p.m., on a motion and a second by Mrs. Cathcart and Mrs. Shields, respectively, the closed session adjourned.
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City Clerk
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Council President