CITY OF SALISBURY, MARYLAND
#10 MEETING MAY 9, 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 Director John Jacobs, Fire Chief David See, Police Chief Allan Webster, Planning & Zoning Director Jack Lenox, 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 Mrs. Cathcart was the proud grandmother of twins, a girl and a boy, born on May 5, 2005.
Mrs. Cathcart moved and Mrs. Shields seconded to approve the agenda as presented. Mrs. Cathcart moved to amend the agenda by deleting Resolution No. 1240 (approving 2005 CDBG Action Plan and projects) and adding Resolution No. 1246 (Charter amendment amending §SC7-45 and §SC7-46). Mrs. Campbell seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
CERTIFICATES OF APPRECIATION
Certificates of Appreciation were presented by Mayor Tilghman to Marc Gast and Jessica Carey for winning the State championship for Parkside High School in the 2A-1A high jump event.
PROCLAMATION PROCLAIMING “EMS WEEK”
Mayor Tilghman presented a proclamation to Fire Chief David See proclaiming May 15-21, 2005 as “EMS Week” in the City of Salisbury.
APPROVAL OF APRIL 25, 2005 MINUTES
On a motion and a second by Mrs. Shields and Mr. Comegys, respectively, the minutes of
April 25, 2005 were unanimously approved.
PUBLIC HEARING - PROPOSED FY06 BUDGET
Mayor Tilghman gave an overview of the proposed FY06 $44,367,000 budget and highlighted some of the funded programs which addresses the goals established by the Mayor and Council. No tax increase or increase in water and sewer rates were included.
Two residents commented on the following items: 1) water conservation program; 2) lack of a stormwater management plan; 3) appointment of a task force to work with County and State agencies to deal with deterioration of water areas; 4) long-range plan for City to have its own recycling facility; 5) geese and pigeon population; 6) Urban River Task Force - consider environmental impact that the property adjacent to the river has on the water quality; and 7) build new WWTP rather than upgrading current plant.
PUBLIC HEARING - ORDINANCE NO. 1938 - 1ST READING - TEXT AMENDMENTS TO SECTIONS 17.68.020 AND 17.68.040 OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1938 for first reading. Planning & Zoning Director Jack Lenox, along with Mr. Bruce Patterson, Director of Facilities Management at PRMC, presented Ordinance No. 1938. The Ordinance amends 17.68.020H and 17.68.040C of the Salisbury Municipal Code to permit hospital accessory structures to be constructed to a height of seventy-five (75) feet.
No public comments were received. Ordinance No. 1938 for first reading passed unanimously.
ORDINANCE NO. 1939 - 1ST READING - AMENDING 8.04.050, FALSE ALARMS, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1939 for first reading. Police Chief Allan Webster addressed Ordinance No. 1939 amending Section 8.04.050, False Alarms, of the Salisbury Municipal Code. The following two sections were presented for consideration:
E. If, after paying a false alarm fee, an alarm user experiences no false alarms for a continuous period of six (6) months, the director of finance shall reimburse the alarm user for its last false alarm fee. To receive said reimbursement, the alarm user shall do the following:
1. Make written request to the director of finance; and
2. Provide the director of finance with a letter from a licensed alarm company certifying that the alarm user’s system has been inspected and is in good working order.
F. In the event of a reimbursement, the false alarm for which the reimbursement is made will remain on the record as a false alarm occurrence.
Ordinance No. 1939 for first reading passed unanimously.
ORDINANCE NO. 1940 - 1ST READING - BUDGET AMENDMENT AMENDING THE EMS FUND BUDGET TO PROVIDE FUNDING FOR THE RENOVATION AND ADDITION TO FIRE STATION #1
Mrs. Shields moved and Mr. Comegys seconded to approve Ordinance No. 1940 for first reading. Fire Chief David See and Messrs. Gerald Beauchamp and David Walston presented Ordinance No. 1940 amending the FY05 EMS Fund budget to provide funding for the renovation and addition to Fire Station #1. To supplement the funding, $194,750 will be transferred to cover 50% of the cost overruns for the project (corporate membership of Fire Station #1 to provide other 50%).
Ordinance No. 1940 for first reading was unanimously approved.
RESOLUTION NO. 1235 - CHARTER AMENDMENT AMENDING §SC7-48, DEBT LIMIT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1235. Finance Director John Cawley and Ms. Lindsey Rader, bond counsel from Funk & Bolton, briefed the Council on Resolution No. 1235 amending §SC7-48, Debt Limit, of the Charter. The amendment increases the debt limit from 3% to 4% of the assessment valuation of all real property subject to taxation by the City plus 10% (increased from 7 ½%) of the assessed valuation of all personal, corporate and utility personal property subject to taxation by the City. Ms. Lindsey and Mr. Cawley explained that even though the new limit exceeds the estimated debt amount, it provides a cushion in the event that the wastewater treatment plant project costs more than anticipated or if additional debt is deemed necessary in the future for other projects.
After a brief discussion, Resolution No. 1235 passed on a 4-1 vote with Mrs. Campbell casting the nay vote.
RESOLUTION NO. 1246 - CHARTER AMENDMENT AMENDING §SC7-45 AND §SC7-46
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1246. Finance Director John Cawley and Ms. Lindsey Rader presented Resolution No. 1246. The Resolution repeals Charter section §SC7-45 in its entirety and re-enacts to 1) authorize the issuance of general obligation bonds, notes or other evidences of indebtedness, revenue debt for economic or industrial development purposes, or revenue debt for other public purposes; 2) authorize the entry into indentures, trust agreements, loan agreements, mortgages, deeds of trust, leases, letter of credit agreements, line of credit agreements, standby bond purchase agreements or other similar or customary instruments in connection with and the making of covenants and commitments to provide adequate security to the purchasers of such debt; 3) provide that such debt shall be issued and sold in accordance with Charter Section §SC7-46 or as otherwise provided by applicable Maryland Public General or Public Local Law; and 4) provide that the authority contained in such section shall be additional and supplemental to other borrowing authority provided to the City.
The Resolution also amends §SC7-46 to 1) provide that any debt issued under the Charter shall be authorized by an ordinance that determines a maximum principal amount of such debt to be issued, provides for the purposes for which such debt shall be expended, pledges or provides for the pledge of security for such debt, and requires that the Council adopt a resolution fixing or providing for certain details of such debt; 2) specify the matters to be approved, determined or provided for pursuant to resolution and that any such resolution may not be petitioned to referendum and may be introduced and adopted at a single session of the Council; 3) provide for the sale of debt by private (negotiated) sale without advertisement or solicitation of competitive bids or by the solicitation of competitive bids at public sale after publication or dissemination of notice of the sale, as determined or provided for by the Council by resolution; 4) authorize competitive bids to be delivered by electronic, facsimile or other commercially reasonable means; 5) authorize notice of any public sale to be published solely in summary form or disseminated solely in electronic form and/or in any other commercially reasonable manner and providing for other mechanics of any private or public sale; 6) authorize debt to be sold at above or below par value and for cash or other valuable consideration and bear interest at a rate or rates that may be fixed or variable or determined by other method; 7) provide that no provision or limitation contained in the Charter shall apply to or affect the issuance of debt pursuant to certain specified laws of Maryland and any other public general or public local law; 8) repeal the provisions of subsection I. of former Section §SC7-46 relating to payment, effect, terms, conditions, security, etc. of revenue bonds; 9) generally make certain clarifying amendments to Section §SC7-46, and 10) declare that all debt issued pursuant to Charter Sections §SC7-45 and §SC7-46 prior to the effectiveness of the amendments provided for are valid, legal and binding and of full force and effect.
City Solicitor Paul Wilber noted that Ms. Rader had recommended adding the phrase “except for obligations with final maturities of five (5) years or less” on page 7, item B (second line after the word obligations). Mrs. Shields moved to amend Resolution No. 1246 as recommended. Mr. Comegys seconded and the amendment passed unanimously. Resolution No. 1246, as amended, was unanimously approved.
The Council took a break at 7:15 p.m. and reconvened at 7:20 p.m.
RESOLUTION NO. 1236 - ESTABLISHING DATE FOR A PUBLIC HEARING - GLEN AVENUE-BROWN PROPERTY ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1236. Public Works Director John Jacobs introduced Resolution No. 1236 annexing .74 acres located on the southerly side of Glen Avenue. The property, improved with a single-family residence, will be zoned R-10 Residential upon annexation into the City. A public hearing on the annexation will be scheduled on June 13, 2005.
Resolution No. 1236 passed unanimously.
RESOLUTION NO. 1237 - ESTABLISHING THE COMPREHENSIVE CONNECTION CHARGE TRANSITION POLICY
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1237. Resolution No. 1237, as highlighted by Public Works Director John Jacobs, establishes a transition policy for the Comprehensive Connection Charges in accordance with Chapter 13.02 of the Salisbury Municipal Code. The policy includes:
1. submitted a preliminary site plan to the City of Salisbury Department of Public Works and is in the final stage of site plan and Public Works Agreement approval prior to December 21, 2004, and appealed the Capacity Fee payment requirement to the Mayor by 4:00 p.m. on January 20, 2005; and
2. was on the verge of satisfying the objective criteria on December 20, 2004 consisting of a signed Public Works Agreement and an approved site plan for one or more development phases, or an approved Water and Sewer Application for the lot(s) to be served with water and sewer, will be considered by the City for waiver of the Comprehensive Connection Charge’s Capacity Fee based on mitigating evidence presented by the developer or property owner of substantial compliance on/or before December 20, 2004.
Mr. Tom Ruark requested that the Council consider waiving the capacity fee for Phase 1 of his Village at Parsons Lake project. Mr. Ruark reported that this project had been in the works for about six months and believed his plans had been submitted in accordance with the deadline. He asked that John Jacobs be allowed to review the records to confirm whether or not his project could be included in the waiver of the capacity fee. Mr. Jacobs indicated he could research the data and a resolution could be brought forth at another Council meeting if the facts indicate that Mr. Ruark’s plans were submitted within the time frame. After discussion, there was a consensus for Mr. Jacobs to reexamine the data. Mrs. Campbell noted that she did not support exempting anyone except for affordable housing.
Resolution No. 1237 passed on a 4-1 vote with Mrs. Campbell voting nay.
RESOLUTION NO. 1238 - APPROVING WAIVERS IN ACCORDANCE WITH THE COMPREHENSIVE CONNECTION CHARGE TRANSITION POLICY
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1238. Public Works Director John Jacobs briefed the Council on Resolution No. 1238 approving capacity fee waiver requests for Kohl’s Department Store, the Kilarney Drive segment of Eireann Mhor, and 202/204/208/210 Saratoga.
Resolution No. 1238 passed on a 4-1 vote with Mrs. Campbell voting nay.
RESOLUTION NO. 1239 - ACCEPTING DONATIONS FROM THE COMMUNITY FOUNDATION OF THE EASTERN SHORE AND THE CHESAPEAKE BAY TRUST FOR THE ZOO EDUCATION PROGRAM
Mrs. Campbell moved and Mr. Comegys seconded to approve Resolution No. 1239. Public Works Director John Jacobs explained that Resolution No. 1239 accepts $5,000 from the Community Foundation of the Eastern Shore to fund the purchase of a laptop computer and LCD projector and $4,980 from the Chesapeake Bay Trust to “Wonders of Water” volunteer and teacher training workshops.
Resolution No. 1239 was unanimously approved.
RESOLUTION NO. 1241 - ACCEPTING COMMUNITY LEGACY FUNDS FOR DEMOLITION OF HOUSES ON ROSE AND LAKE STREETS
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1241. Grants/
Special Projects Director Loré Chambers and Salisbury Neighborhood Housing Service Director Cheryl Meadows presented Resolution No. 1241 to accept $66,318 awarded through a Community Legacy grant from the Department of Housing and Community Development. The funds will be used for demolition of eleven (11) houses on Rose and Lake Streets. The demolished properties will be replaced by new homes to be sold to low-to-moderate-income families.
Resolution No. 1241 passed unanimously.
RESOLUTION NO. 1242 - ADOPTING THE FIRE DEPARTMENT MEDICAL/PHYSICAL STANDARDS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1242. Fire Chief David See introduced Resolution No. 1242 adopting the City of Salisbury Fire Department’s Personnel Medical Physical Standard, prepared by the department’s Medical Director, outlining medical physical requirements for operational fire department personnel.
Resolution No. 1242 was unanimously approved.
RESOLUTION NO. 1243 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY TO PROVIDE ADDITIONAL FUNDS FOR LEGAL SERVICES
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1243. City Administrator John Pick presented Resolution No. 1243 transferring $22,000 from the City Contingency to provide additional funds for legal services expected through the remainder of the fiscal year.
Resolution No. 1243 passed unanimously.
RESOLUTION NO. 1244 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR THE HOMEOWNER CONVERSION GRANT PROGRAM
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1244. Mayor Tilghman, along with Salisbury Neighborhood Housing Director Cheryl Meadows, presented Resolution No. 1244 transferring $20,000 from the City Contingency to provide additional funds for the Homeowner Conversion Grant Program. Mrs. Meadows reported that seven (7) homes had been converted from rental to owner occupied.
Resolution No. 1244 passed unanimously.
RESOLUTION NO. 1245 - SUPPORTING COUNCIL VICE PRESIDENT GARY COMEGYS TO SERVE ON THE MARYLAND MUNICIPAL LEAGUE BOARD OF DIRECTORS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1245. Mayor Tilghman introduced Resolution No. 1245 supporting the candidacy of Gary A. Comegys for Member-at-Large on the Maryland Municipal League Board of Directors for 2005-2006.
Resolution No. 1245 was unanimously approved.
MANUFACTURING EXEMPTION REQUEST - HARVARD CUSTOM MANUFACTURING, INC.
Mrs. Cathcart moved and Mr. Comegys seconded to approve a manufacturing exemption request for Harvard Custom Manufacturing, Inc. Finance Director John Cawley recommended that the company be granted an exemption from personal property tax for equipment purchased in 2003. Over the next five years, the company would benefit from the exemption by a savings of $3,652 in personal property tax.
The manufacturing exemption request for Harvard Custom Manufacturing, Inc. was unanimously approved.
With no further business, the meeting adjourned at 8:13 p.m.
City Clerk
Council President