#17 MEETING SEPTEMBER 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, JCMA-CM, City Solicitor
Paul Wilber, Public Works Engineer Clay Hall, Buyer Erin Kesler, Planning & Zoning Director
Jack Lenox, Major Jeff Livingston, Deputy Public Works Director Chip Messick, Mike
Thompson, 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 6:00p.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 as presented. Mrs. Shields moved to amend the agenda by adding Resolution No. 1304, transferring funds from the City Contingency to help maintain bathroom service for Shore Transit after hours riders and to delete Resolution No.1303, transferringfundsfrnm the City Contingency for the Total Compensation Appeals Process. Mr. Comegys seconded and the amendment passed unanimoysly. The agenda, as amended, was unanimously approved.
CERTIFICATE OF RECOGNITION
Mayor Tilghman presented a Certificate of Recognition to Lt. John Moore from the Salisbury
Police Department. Lt. Moore was recognized for receiving an award for Exceptional Police
Performance from the Maryland Chiefs of Policç Association for developing and initiating the
“Eastern Shore Mobile Data System” which serves numerous agencies throughout the Eastern
Shore of Maryland.
APPROVAL OF AUGUST 22, 2005 MINUTES
On a motion by Mrs. Shields and seconded by Mrs. Cathcart, the August 22, 2005 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Comegys seconded to approve the Award of Bids. Buyer Erin Kesler presented the following items:
1. Declaration of surplus -0-
Zoo Refrigerator
2. Contract No. 21-03-S&WRebid Change Order No. 8-21 -($12,000.00)
Accouni No. 820 78-5 7 7022-50002; 86078-577023-55004; 860 78-577046-60000;
86078-577046-60001
3. Contract No. 21-03-S&WRebid Change Order No. 7-21 -($96,537.80)
Account No. 82078-577022-50002; 86078-577023-55004; 86078-577046-60000;
86078-577046-60001
4. Contract No. 10-04-NECR (2) Change Order No. 7 $32,746.50
Account No. 3 1151-5 7 7021-40000; 86078-577023-55003; 82078-577022-50001
5. Contract No. A-7-05 Change Order No. 2 $39,178.00
Account No. 24035-534301
6. Professional A/E Services for New Fire Station & Administrative $197,000.00
Office Facility Account No. 31155-513020-43000
The above items were unanimously approved:
ORDINANCE NO. 1952 - 2ND READiNG - TEXT AMENDMENT OF THE SALISBURY
MUNICIPAL CODE AMENDING SECTIONS 17.156, 17.160 AND 17.196, PARKING
VIOLATIONS IN THE R-5, R-8 AND R-10 RESIDENTIAL DISTRICTS, R-5A, R-8A AND
R-10A RESIDENTL4L DISTRICTS AND OFF-STREET PARKING AND LOADING
STANDARDS
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1952 for second
reading. Planning & Zoning Director Jack Lenox addressed Ordinance No. 1952 updating the provisions within the existing Code relating to the enforcement of parking in the front yard of residential properties. The amendment applies to all residential districts in the City (R-5, R-8, R-10, R-5A, R-8A, R-10A, PRD’s and PDD's).
Mrs. Campbell reiterated her concern with Section 17.196.020C, paragraph 1 (i.e., could apply to someone changing the oil in their driveway). Mr. Lenox explained that the language was currently existing in the Code and could be problematic depending on how it was applied or enforced. He noted that the purpose of the amendment was to address parking in the front yard. Mrs. Campbell asked that this issue be addressed at a later time.
Mr. Lenox requested that the Council amend Ordinance No. 1952 by correcting the section numbers from 17.156. 020D to 17.156. 060D and 17.160. 020D to 17.160. 060D. Mrs. Cathcart moved to amend Ordinance No. 1952 by correcting the section numbers as recommended above.
Mr. Comegys seconded and the amendment passed unanimously. Ordinance No. 1952 for second reading was unanimously approved.
ORDINANCE NO. 1953- 2ND READING - EXTENDING THE PERIOD OF EXISTING
LAWFUL OCCUPANCY BY MORE THAN TWO UNRELA TED PERSONS WITHIN THE
“FAMILY” DEFINITION AS SET FORTH IN SECTION 17.04.120, DEFINITIONS, OF
THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No.1953 for second reading. City Solicitor Paul Wilber presented Ordinance No. 1953 extending the period of existing lawful occupancy by more than two unrelated persons within the “family” definition set forth in Section 17.04.120, Definitions, of the Salisbury Municipal Code from October 1, 2005 to November 1, 2005.
Ordinance No. 1953 for second reading passed unanimously.
ORDINANCE NO.1954- l’ READING - CLOSING A PORTION OF WOODBROOKE DRIVE AND OAKWOOD DRIVE
Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. l954 for first reading. Ordinance No 1954, as introduced by City Solicitor Paul Wilber, closes a portion of Woodbrooke Drive and Oakwood Drive (two paper streets). The roads will be renamed and relocated on a new site plan and plat for Woodbrooke Medical Center. Mr. Palmer Gillis explained that he purchased the property and planned to construct the medical complex. Ordinance No. l954 for first reading was unanimously approved.
ANNOUNCEMENT
Council President Dunn announced that Adam Becker was attending tonight's meeting toward earning his merit badge for Eagle Scout.
PUBLIC HEARING - RESOLUTION NO. 1250 - MACK LANE- UNIVERSITY PARK PHASE ANNEXATION
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1250. Public Works Engineer Clay Hall presented Resolution No. 1250 annexing 4.9 acres located on the southerly side of Mack Lane. The property is currently used as student housing (48 apartments). The area will be zoned College University as recommended by the Planning Commission. Since the property is owned by the State of Maryland, a payment-in-lieu-of-taxes ($19,403) has been negotiated Subject to a 45-day waiting period, the annexation becomes effective on October 27, 2005.
In response to Mr James Trader’s query, Mr. Hall reported that a private service is used for the collection of solid waste for this property. After further discussion, Resolution No. 1250 was unanimously approved.
RESOLUTION NO. 1251 - ESTABLISHING DATE FOR A PUBLIC HEARING - S. DIVISION STREET - HEARNE PROPERTY ANNEXATION
Mr Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1251. City Solicitor Paul Wilber explained that Resolution No.1251, S. Division-Hearne Property Annexation, needed to come back to the Council to establish a new date for a public hearing. Due to a mis-communication in his office, the advertisement of the public hearing held at the July 11, 2005 Council meeting did not run in the newspaper. Even though the public hearing was advertised on the Council agenda and on the Internet, it was not sufficient under State Law. Resolution No. 1251 establishes a new public hearing date of October 24, 2005. The advertisement will run four times in The Daily Times prior to that date.
After a brief discussion concerning Mrs. Campbell’s desire for affordable housing to be incorporated into the project, all voted in favor of Resolution No. 1251 with the exception of Mrs. Campbell who voted nay.
RESOLUTION NO. 1299 - ACCEPTING GIFT OF A REFRIGERATOR FOR USE IN THE ZOO COMMISSARY
Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1299. Deputy
Public Works Director Chip Messick introduced Resolution No. 1299 accepting the donation of
a commercial refrigerator from Mr. Wally Onaga, owner of the City Bistro, for use in the Zoo
Commissary. Resolution No. 1299 was unanimously approved.
RESOLUTION NO. 1300 - ACCEPTING JUSTICE ASSISTANCE GRANT
Mrs. Cathwart moved and Mr Comegys seconded to approve Resolution No. 1300. Major Jeff Livingston presented Resolution No. 1300 accepting a $75,289 Justice Assistance Grant. The grant award will be evenly divided between the Salisbury Police Department and the Wicomico County Sheriff’s Office with the City's portion to be used to enhance the communications network of the Salisbury Police Department. Resolution No. 1300 passed unanimously
RESOLUTION NO. 1301 - ACCEPTING GIFT OF CYPRESS STREET PROPERTY
Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1301. Deputy Chief Bill Gordy gave a brief overview of the hurricane assistance relief provided by nine members of the Salisbury Fire Department. City Solicitor Paul Wilber explained that Resolution No. 1301 accepts the gift of $331,100 by Salisbury Trust, LLC as part of the $636,000 purchase price for the seven acre parcel located between Cypress Street and Lake Street A Fire Department Headquarters facility will be constructed on this site. Resolution No. 1301 was unanimously approved.
RESOLUTION NO. 1302 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR THE MEDICARE PART D APPLICATION
Mrs. Cathcart moved and Mr Comegys seconded to approve Resolution No. 1302. Mr. Mike
Thompson reported that Resolution No. 1302 transfers funds ($7,010) from the City’s Contingency to provide for preparation of a Medicare Part D application for the City. Resolution No. 1302 was unanimously approved
RESOLUTION NO. 1304- TRANSFERRING FUNDS FROM THE CITY CONTINGENCY
TO HELP MAINTAIN BATHROOM SERVICE FOR SHORE TRANSIT’S AFTER HOURS
RIDERS
Mr Comegys moved and Mrs. Shields seconded to approve Resolution No. 1304. City Administrator John Pick presented Resolution No.1304 transferring $5,000 from the City Contingency to help maintain bathroom service for Shore Transit's after hours riders at the Salisbury transfer point. Mrs. Cathcart, Mrs. Shields, Mr Comegys and Mr. Dunn expressed their concern with using City taxpayer's money (i.e., already contributing to Shore Transit through County taxes; sets a precedent for double funding an entity). Mr. Pick mentioned that, as an alternative, the City could make a contribution by waiving Shore Transit's annual fee (approximately $3,000) for reserving parking spaces in parking lot #10. Mr Pick will look into this further. Resolution No. 1304 failed to pass with Mrs. Campbell abstaining and the other four members voting nay.
PUBLIC COMMENTS
Mr. James Trader commented on I) overhanging growth on the sidewalks and questioned who was responsible for maintaining; and 2) overgrowth on planter islands in parking centers (causes visibility problems).
With no further business, the meeting adjourned at 7:14 p.m.