October 24 & 26, 2005 (regular session)

CITY OF SALISBURY, MARYLAND

#20 MEETING OCTOBER 24, 2005

OCTOBER 26, 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, Public Works Engineer Clay Hall, Building, Housing & Zoning Director William Holland, Acting Director of Procurement & Parking Erin Kesler, Planning & Zoning Director Jack Lenox, Police Chief Allan Webster, 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.

Mr. Comegys moved and Mrs. Cathcart seconded to approve the agenda. Mrs. Cathcart moved to amend the agenda by moving Ordinance No. 1962 (budget amendment appropriating funds to cover expenses for the Fire Station #1 project change order) after Ordinance No. 1956. Mrs. Shields seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.

CERTIFICATES OF APPRECIATION

Mayor Tilghman presented Certificates of Appreciation to the following volunteers who helped rebuild the four brick grills on Picnic Island in the City Park:

Chris Simpkins John Simpkins Kevin Simpkins

Keith Simpkins Debbie Simpkins Matt Schramm

Toby Schramm Rick Hoppes Cody Hoppes

Kerry Buck Ben Vickers Roger Merrill

Kelsey Brady Ward Dillion Chase Dillion

Bill Giordano Chad Clark Shawn Taylor

Chris Simpkins earned his eagle scout award for organizing this effort.

APPROVAL OF OCTOBER 10, 2005 MINUTES

Mr. Comegys moved and Mrs. Cathcart seconded to approve the October 10, 2005 minutes. Mrs. Campbell moved to amend the minutes by adding to the 4-2 discussion the point of concern raised that the change in the process for determining the functional family might be unlawful under Maryland law. The motion died for lack of a second. The October 10, 2005 minutes were unanimously approved.

MOMENT OF SILENCE

A moment of silence was held in memory of Carol Turner, retired Director of Procurement and Parking, who passed away on October 11, 2005.

AWARD OF BIDS

Mr. Comegys moved and Mrs. Cathcart seconded to approve the Award of Bids. Acting Director of Procurement and Parking Erin Kesler presented the following item:

Contract No. 113-05 ..................................................................................................... $128,713.00

Fire Station No. 1 Renovations Change Order No. 1

Account No. (31155-513026-43001)

The above item was unanimously approved.

PUBLIC HEARING - RESOLUTION NO. 1251 - S. DIVISION STREET-HEARNE PROPERTY ANNEXATION

Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1251. Public Works Engineer Clay Hall presented Resolution No. 1251 annexing 49.7 acres located on the easterly side of S. Division Street and the northerly side of Dykes Road. The proposed usage includes a 24,000 sq. ft. retail and/or professional office space and 468 residential units. Upon annexation, the S. Division Street frontage would be zoned Lt. Business & Institutional and the remainder zoned R-8A.

City Solicitor Paul Wilber explained that the public hearing came back to the Council because the July 11, 2005 meeting advertisement was not placed in the newspaper. Mr. John Seipp, representing the developers, distributed a chronology of CDW Salisbury, LLC’s request for annexation of the property (copy attached and made a part of the official minutes). Mr. Seipp requested that the remarks describing the project made at the July 11 meeting be incorporated by reference.

Highlights of the public comments included the concern of the density’s impact on schools and traffic; request to delay action on the annexation for thirty days; developer was following a smart growth plan; if property remained in the County, 50 houses would be allowed; developer should give up part of the land to make a left hand turn off of S. Division Street to make more than one entrance/exit to their property; property listed for sale for $20 million; should consider changing zoning to R-10; project too dense for the location; limit density to 250-300 and include infrastructure costs in an annexation agreement.

Mrs. Campbell noted an inconsistency with the number of units referenced in Exhibit C (594) and voiced her concern with the density and impact on schools. Mrs. Campbell moved to postpone action on Resolution No. 1251 and try to work out some of the issues regarding the impact of this development and its density on the community.

Since a blackout occurred at 7:10 p.m. in the Government Office Building and the surrounding area, the Council agreed to reconvene the meeting on Wednesday, October 26, 2005 at 6:00 p.m.

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The City Council and Mayor reconvened at 6:00 p.m. on Wednesday, October 26, 2005, in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.

CONTINUATION OF RESOLUTION NO. 1251 - S. DIVISION STREET/HEARNE PROPERTY ANNEXATION

City Solicitor Paul Wilber explained that State law dictates that an annexation hearing can be continued up to thirty days and requires a seven day notice with one publication in the newspaper. Mrs. Campbell restated her motion to postpone action on Resolution No. 1251 for the purpose of working out issues associated with capacity until November 14, 2005. Mrs. Cathcart seconded and the motion passed unanimously.

RESOLUTION NO. 1316 - APPROVING RECOMMENDATIONS FROM THE TRAFFIC AND SAFETY ADVISORY COMMITTEE CONCERNING N. SCHUMAKER DRIVE AND SCHUMAKER LANE INTERSECTION

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1316. Deputy Public Works Director Chip Messick, along with Traffic and Safety Advisory Chairman Paul Weber, presented Resolution No. 1316 approving reconfiguration changes to the N. Schumaker Drive and Schumaker Lane intersection. Mr. Messick pointed out that the Public Works recommendation was depicted on the drawing on page 8 of the Briefing Book (existing conditions). Public Works supports the recommendation of the Traffic and Safety Advisory Committee with the exception of the inclusion of stop signs (as shown on page 11 of the Briefing Book) which would have to be warranted.

After receiving comments from several residents in the area regarding the safety factor of the intersection, Mayor Tilghman acknowledged that she supported the alternate configuration as shown on page 9 of the Briefing Book which incorporated the suggestions from area residents. Mr. Messick reported that Public Works had reviewed that alternative, but felt the intersection was much safer as it now exists.

After further discussion, Mrs. Cathcart moved and Mr. Comegys seconded to amend Resolution No. 1316 by adding to the end of the NOW, THEREFORE, BE IT RESOLVED paragraph “page 9.” All voted in favor of the amendment with the exception of Mrs. Shields who abstained. Resolution No. 1316, as amended, passed with all voting in favor with the exception of Mrs. Shields’ abstention.

RESOLUTION NO. 1317 - RESOLUTION OF SUPPORT FOR COMMUNITY LEGACY APPLICATION

Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1317. Grants/

Special Projects Director Loré Chambers introduced Resolution No. 1317 approving a Community Legacy grant application for funds to provide for the Isabella Streetscape project.

Resolution No. 1317 passed unanimously.

RESOLUTION NO. 1318 - ACCEPTING WAL-MART GRANT

Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1318. Police Chief Allan Webster addressed Resolution No. 1318 accepting grant funds of $1,000 awarded to the Salisbury Police Department from the Wal-Mart Foundation to purchase printed educational material for children.

Resolution No. 1318 was unanimously approved.

RESOLUTION NO. 1319 - APPOINTMENTS TO TRAFFIC AND SAFETY ADVISORY COMMITTEE

Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1319. City Administrator John Pick, on behalf of Mayor Tilghman, recommended the appointment of Bonita A. Creamer to the Traffic and Safety Advisory Committee for a term ending July 2008. Brendan D. Frederick was also recommended to serve on the Committee for a term ending July 2007.

Resolution No. 1319 passed unanimously.

RESOLUTION NO. 1320 - REAPPOINTMENT TO HISTORIC DISTRICT COMMISSION

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1320. City Administrator John Pick put forth Mayor Tilghman’s recommendation to reappoint Dr. Harry Suber to the Historic District Commission for a term ending August 2008.

Resolution No. 1320 passed unanimously.

ORDINANCE NO. 1955 - 2^ND READING - AMENDING CHAPTER 8.04, ALARMS, OF THE SALISBURY MUNICIPAL CODE

Mr. Comegys moved and Mrs. Campbell seconded to approve Ordinance No. 1955 for second reading. Fire Chief David See briefed the Council on Ordinance No. 1955 amending Chapter 8.04, Alarms, of the Salisbury Municipal Code by including the Fire Department in the legislation.

Ordinance No. 1955 for second reading passed unanimously.

ORDINANCE NO. 1956 - 2^ND READING - ENACTING CHAPTER 8.05, KEY BOX ENTRY SYSTEM, TO THE SALISBURY MUNICIPAL CODE

Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. 1956 for second reading. Ordinance No. 1956, as explained by Fire Chief David See, enacts a new chapter in the Salisbury Municipal Code, Chapter 8.05 - Key Box Entry System, to require installation of key boxes on all commercial buildings, churches, schools and certain multi-family residential dwellings by owners or lessees. This applies to those properties under construction or to be constructed within the City.

Ordinance No. 1956 for second reading was unanimously approved.

ORDINANCE NO. 1962 - 1^ST READING - BUDGET AMENDMENT APPROPRIATING FUNDS FOR FIRE STATION #1 PROJECT

Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1962 for first reading. Fire Chief David See presented Ordinance No. 1962 amending the FY06 budget to provide additional funding of $128,713 for the renovation and addition to Fire Station #1.

Ordinance No. 1962 for first reading passed unanimously.

PUBLIC HEARING - ORDINANCE NO. 1957 - 2^ND READING - ZONING TEXT AMENDMENT AMENDING CHAPTER 17.04.120, DEFINITIONS, OF THE SALISBURY MUNICIPAL CODE TO AMEND THE DEFINITION OF A “FAMILY”

ORDINANCE NO. 1958 - 2^ND READING - AMENDING CHAPTER 15.24, HOUSING STANDARDS, OF THE SALISBURY MUNICIPAL CODE TO REVISE THE DEFINITION OF A “FAMILY”

ORDINANCE NO. 1959 - 2^ND READING - AMENDING CHAPTER 15.24, HOUSING STANDARDS, OF THE SALISBURY MUNICIPAL CODE TO PROVIDE THAT A VACATED OR CONDEMNED DWELLING SHALL HAVE A REDUCED OCCUPANCY

ORDINANCE NO. 1960 - 2^ND READING - AMENDING CHAPTER 15.27, PROPERTY MAINTENANCE HABITUAL OFFENDER, OF THE SALISBURY MUNICIPAL CODE TO REDUCE OCCUPANCY FOR AN HABITUAL OFFENDER

ORDINANCE NO. 1961 - 2^ND READING - CREATING ARTICLE XXIX, OCCUPANCY, OF THE SALISBURY MUNICIPAL CODE TO GOVERN THE OCCUPANCY OF DWELLING UNITS WITHIN THE CITY

Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1957 (public hearing), Ordinance No. 1958, Ordinance No. 1959, Ordinance No. 1960 and Ordinance No. 1961 for second reading.

City Solicitor Paul Wilber reviewed Ordinance Nos. 1957, 1958, 1959, 1960 and 1961 and recommended the following amendments:

Ordinance No. 1957 and Ordinance No. 1958

• The dwelling units must be “an existing lawful occupancy” (paragraphs I.B.1.a.b. and c) and unrelated persons, either three or four, must have occupied the dwelling “during the one year period” prior to December 16, 2002 in order to continue as a “non-conforming use” (paragraphs I.B.1.b and c).

• The apartments in the R-5, R-8 and R-10 districts shall not have a maximum occupancy which exceeds the apartments in the other zoning districts (paragraphs I.B.1.b and c).

• Allow an extra person only if related family members occupy the dwelling (paragraph II.C)

Ordinance No. 1961

• The four bedrooms must have existed prior to December 16, 2002 (Section 15.24.1610, paragraph A.5.b).

• In addition to a deed and affidavit, a property owner will be required to attach a copy of a lease from the one year period prior to December 16, 2002, if available (Section 15.24.1610, paragraph A.3).

• Added language requiring posting of the notification on the subject property and on the City’s website. Neighboring properties may file affidavits regarding occupancy with BHZ within fifteen days of the date of posting (Section 15.24.1610, paragraph A.6).

• Added paragraph 7 to Section 15.24.1610A requiring BHZ to consider all affidavits and inspection results when approving or disapproving the registration. Added paragraph 8 to the section allowing an owner to appeal the registration decision, if disapproved by BHZ, and all persons submitting affidavits shall be notified of the date, time and place of the appeal hearing.

Mr. Wilber questioned whether the Council wanted the “A” districts included in the definition, but Mr. Comegys did not believe it was the intent to include the “A’s” in this legislation. After further discussion, Mr. Wilber recommended the deletion of the phrase “or in any detached or duplex single-family dwelling or townhouse in any other district” in Ordinance No. 1957 and Ordinance No. 1958, paragraphs I.A.B.1.a., b. and c.

Mr. Mark Tilghman mentioned that the Council should be mindful of the number of bedrooms and the off-street parking available and suggested incorporating townhouses in the “A” districts with something similar to what has been for apartments so that there is some regulation.

Mr. Wilber recommended the following amendments to Ordinance No. 1957 and Ordinance No. 1958:

• Paragraph I.2., second line - change the word “except” to “including”

• At the end of Paragraph I.2. add a sentence to read “All dwelling units shall comply with parking code requirements.

In response to Mrs. Campbell’s request, Mr. Wilber opined that if the zoning text amendment had incorporated the substantial changes requested by SINA, then Ordinance No. 1957 would have been resubmitted back to the Planning Commission for further review. However, the Council considered the proposal in a work session and the consensus was to proceed with the zoning text amendment without making any substantial changes to the legislation.

(Council took a break at 7:20 p.m. and reconvened at 7:25 p.m.)

Mrs. Cathcart moved to incorporate all the suggested changes put forth by City Solicitor Paul Wilber. Mrs. Shields seconded and the amendments passed unanimously.

Highlights of comments/concerns voiced by members of the public included:

• disappointed that the SINA proposal did not progress

• wanted safe, clean, affordable housing for all neighborhoods

• neighborhoods not against college students

• didn’t see how 4-3 legislation would reclaim single-family neighborhoods

• requested tabling the proposal

• believed college students respected the neighborhoods

• shared pictures of houses that appeared to be in violation of the Code

• appreciated keeping basic 4-2 in place city-wide (preventing future conversions)

• requested that a notice provision be given to nearby neighbors when someone applies for “functional family”

• belief that there is discrimination against college students

• supported 4-3 as a compromise

• SAPOA opposed to legislation that restricts occupancy to unreasonable thresholds where it further harms the economic, disadvantaged, the oppressed and the minority sections of the community

• belief that homeowners are not wanted

• concern with multiple occupancy in single-family neighborhoods

• compromise may not suit everyone

• current proposal does not require any registration of the grandfathered level of three people living in a house

• neighbors are given opportunity to submit evidence, but not the opportunity to appeal

(Council took a break at 8:30 p.m. and reconvened at 8:36 p.m.)

After further discussion, Mr. Wilber submitted the following amendments:

• Ordinance No. 1957 and Ordinance No. 1958

Paragraph I.2., second line - change the word “including” to “except” (as originally written) and add “All dwelling units shall comply with parking code requirements.”

Mrs. Cathcart moved and Mrs. Shields seconded to amend Ordinance Nos. 1957 and 1958 as recommended above. The amendment passed on a 4-1 vote with Mrs. Campbell voting nay.

Mrs. Cathcart moved and Mrs. Shields seconded to amend Ordinance No. 1961 by adding language to reflect that those units which will be grandfathered at three need to be registered for the future and, if they fail to register, they will be permanently reduced to two, and that both sides have the right to appeal, both the neighbors and the applicants. The amendment passed on a 4-1 vote with Mr. Comegys voting nay.

Mrs. Campbell moved to amend the language relating to occupying the property one year prior to December 16, 2002 (to eliminate a potential one day occupancy) to reflect occupancy for the entire year. The motion died for lack of a second.

After further discussion, Mrs. Campbell moved to table the Ordinances in order to reconsider the SINA proposal with the 2009 sunset. The motion died for lack of a second. Mrs. Campbell moved to make 4-3 a true 4-3 by removing the provision to allow four. The motion died for lack of a second.

Mr. Wilber proposed adding Section 15.24.1612 to Ordinance No. 1961, Dwelling Unit Registration - Three Persons. Mrs. Cathcart moved to amend Ordinance No. 1961 as proposed by Mr. Wilber. Mrs. Shields seconded and the vote was unanimous.

Mr. Wilber suggested amending Ordinance No. 1961, Section 15.24.1610A.8, by adding a sentence to paragraph 8 to read “An affiant may appeal pursuant to Section 15.24.360.” Mrs. Campbell moved and Mrs. Cathcart seconded to amend Ordinance No. 1961 as suggested by Mr. Wilber. All voted in favor of the amendment with the exception of Mr. Comegys.

Ordinance No. 1957 as amended, Ordinance No. 1958 as amended, Ordinance No. 1959, Ordinance No. 1960 and Ordinance No. 1961 as amended passed on a 4-1 vote with Mrs. Campbell voting nay.

With no further discussion, the meeting adjourned at 9:30 p.m.

CITY OF SALISBURY, MARYLAND

CLOSED SESSION

OCTOBER 24, 2005

TIME & PLACE: 5:30 p.m., Conference Room 305 - City/County Government Office Building

PURPOSE: Consult with legal counsel on pending/potential litigation

VOTE TO CLOSE: Unanimous (Note: Mrs. Campbell was not present during the vote to close)

CITATION: Annotated Code of Maryland Section 10-508(a)(7)(8)

PRESENT: Mayor Barrie P. Tilghman, Council President Michael P. Dunn, Council Vice President Gary A. Comegys, Councilwoman Deborah S. Campbell (arrived 5:39 p.m.), Councilwoman Lynn B. Cathcart, Councilwoman Eugenie Shields, City Clerk Brenda Colegrove, City Administrator John Pick, City Attorney Paul Wilber and Attorney Chris Mason

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At 5:30 p.m., in Conference Room 305 of the City/County Government Office Building, Mr. Comegys moved to convene in closed session to consult with legal counsel on pending/potential litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(7)(8). Mrs. Cathcart seconded and the vote was unanimous. Mrs. Campbell was not present during the vote to close.

Mr. Mason provided a briefing on the litigation issue and recommended a course of action. After discussion, the Council members reached a consensus and directed Mr. Mason to proceed.

At 5:47 p.m., upon a motion and a second by Mrs. Shields and Mrs. Campbell, respectively, the closed session adjourned at 5:47 p.m.

CITY OF SALISBURY, MARYLAND

CLOSED SESSION

NOVEMBER 9, 2005

TIME & PLACE: 5:00 p.m., Conference Room 305 - City/County Government Office Building

PURPOSE: Personnel Matter

VOTE TO CLOSE: Unanimous (3-0)

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, City Clerk Brenda Colegrove, City Administrator John Pick (for a portion of the session)

ABSENT: Councilwoman Deborah Campbell, Councilwoman Eugenie Shields

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At 5:00 p.m., in Conference Room 305 of the City/County Government Office Building, Mrs. Cathcart moved to convene in closed session to discuss a personnel matter (interview with candidate for Director of Procurement and Parking position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Comegys seconded and the vote was unanimous.

After interviewing the individual, a consensus was reached by the Council and their decision will be forwarded to the Mayor. At 5:56 p.m., upon a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the closed session adjourned.

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City Clerk

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Council President