CITY OF SALISBURY, MARYLAND
#6 MEETING MARCH 28, 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, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, IT Director Ray Micciche, 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 announced that the Council would convene in a closed session at the conclusion of the regular meeting.
Mr. Comegys moved and Ms. Siggers seconded to approve the agenda as presented. Mrs. Cathcart moved to delete the following items from the agenda:
• Ordinance No. 1934 - amending Ordinance No. 1898 to redesignate funds from the aerial ladder truck to the purchase of two fire engines; and
• Ordinance No. 1935 - amending Ordinance No. 1870 to redesignate funds from the Public Works Garage to purchase fire apparatus.
Mr. Comegys seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
ANNOUNCEMENT
Mrs. Cathcart announced that City Clerk Brenda Colegrove was selected as Maryland’s 2005 Clerk of the Year by the Maryland Municipal Clerks Association.
PROCLAMATION PROCLAIMING “MUNICIPAL GOVERNMENT WORKS MONTH”
Mayor Tilghman read a proclamation proclaiming April as “Municipal Government Works Month” in the City of Salisbury. Council President Dunn accepted the Proclamation.
PROCLAMATION PROCLAIMING “THE 2005 MARYLAND CHIEFS’ CHALLENGE - A LIFESAVING CAMPAIGN”
Mayor Tilghman presented a proclamation to Police Chief Allan Webster proclaiming April 5 through June 5, 2005 as “The 2005 Maryland Chiefs’ Challenge – A Lifesaving Campaign” in the City of Salisbury.
CERTIFICATE OF RECOGNITION PRESENTATION
Mr. Dick Furst, representative from Local Government Insurance Trust, presented a Certificate of Recognition to the City in recognition of the 10th anniversary of the Risk Management Committee.
APPROVAL OF MARCH 14, 2005 MINUTES
On a motion by Mrs. Cathcart and seconded by Mr. Day, the March 14, 2005 minutes were unanimously approved.
AWARD OF BIDS
Ms. Siggers moved and Mrs. Cathcart seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Computer Hardware – F.D. (24035-577035; unbudgeted capital) . . . . . . . . . . . .$4,881.40
Business Information Group
2. #4 High Service Pump at Main Street Water Plant . . . . . . . . . . . . . . . . . . . . . . .$11,880.00
(82075-523600; unbudgeted capital)
Delmarva Electric Motors Company (DEMCO)
The above items were unanimously approved.
ORDINANCE NO. 1931 - 2ND READING - ADOPTING SALARY REVIEW COMMITTEE’S RECOMMENDED SALARY INCREASES FOR THE MAYOR AND COUNCIL
Ms. Siggers moved and Mrs. Cathcart seconded to approve Ordinance No. 1931 for second reading. City Solicitor Paul Wilber reported that it had come to the attention of the City that the Salary Review Committee met on three occasions, but reasonable public notice of those meetings was not given. Mr. Wilber recommended that the Council take no action on Ordinance No. 1931 until at least the April 11, 2005 meeting and have the Committee reconvene after satisfying the Open Meetings Law. Mr. Neal White, Chairman of the Salary Review Committee, acknowledged that the Committee would meet again after giving appropriate notice.
Mr. Pat Hannon, who filed an Open Meetings complaint, suggested forming a new Salary Review Committee and ensure they are instructed properly.
Ms. Siggers disclosed that her campaign treasurer served on the Salary Review Committee. However, the Committee had concluded their meetings before the individual was appointed as her treasurer.
After further discussion, Mr. Comegys moved and Mrs. Cathcart seconded to follow the recommendation of the City Solicitor by postponing Ordinance No. 1931 in order for the Salary Review Committee to reconvene (after giving proper notice) and submit their recommendations to the Council. All voted in favor of postponing Ordinance No. 1931 for second reading.
ORDINANCE NO. 1932 - 2ND READING - AMENDING CHAPTER 3.20 OF THE SALISBURY MUNICIPAL CODE ADDRESSING A HOMEOWNER CONVERSION TAX ABATEMENT PROGRAM
Mrs. Cathcart moved and Mr. Day seconded to approve Ordinance No. 1932 for second reading. City Solicitor Paul Wilber provided an overview of Ordinance No. 1932 amending Chapter 3.20, Homeowner Conversion Tax Abatement Program, of the Salisbury Municipal Code.
Ms. Siggers noted that she had a list of concerns with this legislation and, therefore, would not support the Ordinance. Ordinance No. 1932 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1933 - 1ST READING - FY05 BUDGET AMENDMENT TRANSFERRING FUNDS FROM THE RATE STABILIZATION FUND
Mrs. Cathcart moved and Ms. Siggers seconded to approve Ordinance No. 1933 for first reading. Finance Director John Cawley introduced 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.
After discussion, Ordinance No. 1933 for first reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1208 - DELAWARE AVENUE/COBIAN PROPERTY ANNEXATION
Ms. Siggers moved and Mr. Day seconded to approve Resolution No. 1208. Public Works Director John Jacobs, along with Attorney Steve Smethurst and Mr. Jeff Paxson (Shelter Development), addressed Resolution No. 1208 annexing 8.3 acres located on the easterly side of West Road to be known as the Delaware Avenue/Cobian Property Annexation. Shelter Development plans to construct affordable garden apartments consisting of 96 units (maximum 100 units allowed) on the total development site of approximately 9 acres. Upon annexation, a zoning classification of R-5A Residential was recommended. A 24" interceptor sewer along West Road frontage may be required depending upon final engineering of the site. Subject to referendum, the annexation would become effective on May 12, 2005.
After discussing the potential of tax deferrals/credits, a pedestrian walkway along West Road and the Fire Department’s higher cost as compared to the Police Department’s cost, Resolution No. 1208 was unanimously approved.
PUBLIC HEARING - RESOLUTION NO. 1218 - AUTHORIZING AN APPLICATION FOR THE ESTABLISHMENT OF THE WESTSIDE ENTERPRISE ZONE
Ms. Siggers moved and Mr. Day seconded to approve Resolution No. 1218. Mr. Dave Ryan, Director of Salisbury-Wicomico Economic Development, introduced Resolution No. 1218 authorizing the submission of an application to the Maryland Department of Business and Economic Development for the establishment of the Westside Enterprise Zone. The proposed zone contains approximately 265 acres beginning at the intersection of U.S. Route 50 and Naylor Mill Road, primarily south of the bypass to West Road.
No public comments were received. Resolution No 1218 was unanimously approved.
RESOLUTION NO. 1195 - AUTHORIZING THE MAYOR TO SIGN A SAILOR AGREEMENT
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1195. Information Technology Director Ray Micciche, along with Victoria Greene from the Wicomico County Library, presented Resolution No. 1195 authorizing the Mayor to sign an agreement permitting the Sailor Project to install, operate, own and maintain data transmission equipment on the City’s radio tower.
Resolution No. 1195 passed unanimously.
RESOLUTION NO. 1219 - APPROVING FRIENDS OF POPLAR HILL MANSION, INC. BY-LAW CHANGES
Ms. Siggers moved and Mr. Comegys seconded to approve Resolution No. 1219. City Administrator John Pick, Mr. Ted Deacon (Chairman of the Friends of Poplar Hill Mansion Board), Ms. Judy Brittingham (Member of Friends of Poplar Hill Mansion) and Mr. Jason Illari (Curator of Poplar Hill Mansion) discussed Resolution No. 1219 approving the proposed by-law revisions of Poplar Hill Mansion, Inc.
Resolution No. 1219 passed unanimously.
RESOLUTION NO. 1220 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR HYDRILLA TREATMENT
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1220. Public Works Director John Jacobs introduced Resolution No. 1220 transferring $7,000 from the City Contingency to the Parks Budget Division to apply an aquatic herbicide to control hydrilla in Schumaker Pond.
After a brief discussion, Resolution No. 1220 passed unanimously.
RESOLUTION NO. 1221 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY TO COVER ADVERTISING EXPENSES
Ms. Siggers moved and Mr. Day seconded to approve Resolution No. 1221. City Clerk Brenda Colegrove presented Resolution No. 1221 transferring $1,000 from the City Contingency to the City Council advertising’s budget to cover the advertising cost for publication of the last Charter Amendment enacted by the City Council (frequency of Council meetings).
Resolution No. 1221 passed unanimously.
PUBLIC COMMENTS
Mr. James Trader commented on the following issues: 1) traffic turning off of Rt. 50 onto Mill Street; 2) deterioration of ponds; and 3) setting up neighborhood clean-up, particularly in Delaware Avenue/West Road area. Mr. Kary Windsor commented on his efforts to bring his father’s property into Code compliance.
With no further business, the regular meeting adjourned at 7:32 p.m. and the Council convened in Closed Session upon a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively.
CLOSED EXECUTIVE SESSION
CITY OF SALISBURY
MARCH 28, 2005
TIME & PLACE: 7:32 p.m., Room 301 (Council Chambers) - City/County Government Office Building
PURPOSE: Consult with legal counsel on land acquisition/pending litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(8)
PRESENT: Council President Michael Dunn, Council Vice President Michael Day, Councilwoman Lynn Cathcart, Councilman Gary Comegys, Councilwoman Lavonzella Siggers, Mayor Barrie P. Tilghman, City Administrator John Pick, City Clerk Brenda Colegrove, City Solicitor Paul Wilber
At 7:32 p.m., in Room 301 (Council Chambers), Mr. Comegys moved to convene in Closed Executive Session to consult with legal counsel concerning land acquisition and pending litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7)(8). Mrs. Cathcart seconded and the vote was unanimous.
City Solicitor Paul Wilber gave a status report on the progress of acquiring the property for a new fire station. After discussion, the Council gave their direction for continuing the acquisition process. A brief discussion ensued concerning another property which the City may be interested in purchasing. Mr. Wilber will look into this matter.
With no further discussion, Mrs. Cathcart moved to adjourn the closed session at 8:00 p.m. Ms. Siggers seconded and the vote was unanimous.
City Clerk
Council President