CITY OF SALISBURY, MARYLAND
#11 MEETING JUNE 11, 2001
PRESENT
Mayor Barrie P. Tilghman Council President William Stacey
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police
Chief Al Webster, Fire Chief Stephen Brezler, Finance Director John Cawley, Director of
Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public
Works Director John Jacobs, and interested Citizens and Members of the Press.
******************************************************************************
CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in a regular session at 7:00 p.m. in Council Chambers. Council
President Stacey called the meeting to order. The Lord's Prayer was repeated and the Pledge of
Allegiance was recited.
On a motion by Mrs. Polk and seconded by Mr. Scott, the agenda was unanimously adopted.
APPROVAL OF MAY 29, 2001 MINUTES
Mrs. Polk moved and Mr. Webster seconded to approve the minutes of May 29, 2001. Ms.
Siggers moved to amend the minutes (discussion of Ordinance No. 1808) to reflect that Mrs.
Polk played a tape recording from the work session to substantiate her position. Mrs. Polk
seconded the motion. Ms. Siggers and Mrs. Polk voted in favor of the amendment. Mr. Scott
and Mr. Stacey voted nay and Mr. Webster abstained. The motion failed to pass.
All voted in favor of the May 29, 2001 minutes with the exception of Ms. Siggers who did not vote.
SPECIAL PRESENTATION BY SALISBURY STATE UNIVERSITY PROJECT
MANAGEMENT GROUP
Dr. Memo Diriker, Director of the Project Management Group from Salisbury State University,
read a proclamation proclaiming the City of Salisbury as the first "Shore Transit Gold Star
Jurisdiction" in recognition of all the support the City has given to public transit.
REQUEST TO ADD EMERGENCY ITEM TO THE AGENDA
Mayor Tilghman asked that the agenda be revisited in order to add Ordinance No. 1816, a
budget amendment to appropriate funds for the Truitt Street storm water project, as an
emergency item.
Ms. Siggers moved and Mrs. Polk seconded to add Ordinance No. 1816 as an emergency item to
the agenda. A discussion ensued concerning the receipt of additional information that needed to
be reviewed at a work session and the concern that this information was not shared with the
entire Council.
The motion to add Ordinance No. 1816 as an emergency item to the agenda failed to pass. Ms.
Siggers and Mrs. Polk voted aye and Messrs. Scott, Stacey and Webster voted nay.
PROCLAMATION PROCLAIMING JUNE 14, 2001 AS "FLAG DAY"
Mayor Tilghman read a proclamation proclaiming June 14, 2001 as "Flag Day" in the City of
Salisbury.
PUBLIC HEARING - ORDINANCE NO. 1812 - 1ST READING - TEXT AMENDMENT TO
AMEND SECTION 17.117, PLANNED RESIDENTIAL DISTRICT #9, ST. ALBANS
COMMONS, BY DELETING THE ABROGATION CLAUSE
Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1812 for a public hearing
and first reading. Mrs. Gloria Smith, Planner from the Planning and Zoning Department,
introduced Ordinance No. 1812 as a text amendment to Section 17.117, Planned Residential
District (PRD) #9, St. Albans Commons. The amendment deletes the abrogation clause in
Section 17.117.100 of the Salisbury Municipal Code. The Salisbury Planning Commission
forwarded a favorable recommendation to the Council for approval of the amendment.
Mrs. Smith reported that this is the only PRD with an abrogation clause and was inserted at the
request of the applicant in order to allow time to obtain the residents' signatures located on the
east side of Beaglin Park Drive. Mr. Steve Smethurst, attorney for the applicant, noted that all
of the signatures were not obtained (only needed two-thirds). They did not pursue it any further
once they had obtained the required number of signatures.
After further discussion, Ordinance No. 1812 for first reading passed unanimously.
ORDINANCE NO. 1813 - 1ST READING - REVISING WATER AND SEWER RATES
Mr. Scott moved and Ms. Siggers seconded to approve Ordinance No. 1813 for first reading,
revising the water and sewer rates. Mayor Barrie Tilghman introduced Ordinance No. 1813
which would have the effect of increasing both the water and sewer rates by ten percent (10%)
and the effect of increasing the rates for the third tier of the rate structure (customers using over
600,000 gallons per quarter). The proposed increase for the third tier equals $.05 per 1,000
gallons for inside City customers and $.10 per 1,000 gallons for outside City customers (except
those customers in Urban Service Districts). Most of the additional revenue generated by the ten
per cent increase would be placed into a capital reserve fund for the future replacement of aging
water and sewer facilities and equipment. Some of this additional revenue would also be used to
pay the additional debt the City will incur, beginning in FY02, for the upgrade and expansion of
the wastewater treatment plant, other portions of the water and sewer systems and the addition of
water towers to increase the water system pressure. The increase in revenue in the third tier will
be deposited into a special depreciation reserve to fund the replacement of water and sewer
facilities.
Mr. Duke Shannahan, President of Sharp Water, read a statement voicing his concern with the
possible increase in rates. Mr. Shannahan explained that the bulk of their water usage was to
regenerate portable exchange tanks which primarily serve the lower income people within their
area. Any increase in water and sewer rates would have to be passed on to their customers
which would place a serious hardship on the population that needs help the most. Sharp Water's
average of 9,135,000 gallons per year would cost the company an additional $2,500 to $2,700
per year. Mr. Shannahan opined that about 80% of the water went into the sewer system. He
hoped that his company would incur no more than a 5% increase.
Mr. Stacey mentioned that the list of high-end users and those users not returning 100% of the
water into the sewer system were discussed during the budget session, but he did not recall Sharp
Water being on the list. Executive Officer John Pick reported that the Finance Director was
looking into options for those users not returning 100% of the water into the sewer system, but it
would take time to conduct a review. Mr. Pick opined that the intent was to adopt the ordinance
with the new rate schedule so that it is in place.
After further discussion, Ordinance No. 1813 for first reading passed unanimously.
ORDINANCE NO. 1814 - 1ST READING - REVISING PLUMBING PERMIT FEE
SCHEDULE
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1814 for first reading.
Ordinance No. 1814, as briefed to Council by Director of Building, Housing and Zoning
Director William Holland, revises the plumbing permit fee schedule of the Salisbury Practical
Plumbing Code. Mr. Holland reported that the fees had not been adjusted since 1976.
After a brief discussion, Ordinance No. 1814 for first reading passed on a 4-0 vote (Ms. Siggers
was not present during the vote).
ORDINANCE NO. 1815 - 1ST READING - BUDGET AMENDMENT TO APPROPRIATE
SURPLUS FUNDS IN THE PARKING AUTHORITY FUND FOR THE PARKING
GARAGE EXTENSION
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1815 for first reading.
Director of Procurement and Parking Carol Turner introduced Ordinance No. 1815 as a
FY01 budget amendment to appropriate $1,059,557 in the Parking Authority Current Surplus Account
for the parking garage extension. The funds will be moved into the Parking Authority Capital
Projects Account.
Ordinance No. 1815 for first reading passed on a 4-0 vote (Ms. Siggers was not present during
the vote).
RESOLUTION NO. 769 - ACCEPTING GIFT OF CONFINED SPACE TRAINING
PROPERTY
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 769, accepting the gift of
confined space training property. Fire Chief Stephen Brezler addressed Resolution No. 769 and
reported that Kary Asphalt, Inc. offered to donate to the Fire Department a confined space entry
prop to be used for training purposes.
After discussion, Resolution No. 769 passed on a 4-1 vote with Mr. Scott being the lone
dissenter.
APPROVING REALLOCATION OF $4,000 FROM THE CONTINGENCY FUND TO
BUILDING, HOUSING AND ZONING DEPARTMENT FOR NUISANCE ABATEMENT
Mr. Webster moved and Mrs. Polk seconded to approve the reallocation of $4,000 from the
Contingency Fund to the Building, Housing and Zoning Department for nuisance abatement.
Building, Housing and Zoning Director William Holland explained that additional funds were
needed in this year's budget to pay for outside contracting services to cut overgrown grass and
weeds and to clean and/or remove excessive weed growth.
The Council unanimously approved the reallocation of $4,000 from the Contingency Fund as
requested.
MANUFACTURING EXEMPTION REQUESTS
Ms. Siggers moved and Mrs. Polk seconded to approve the manufacturing exemption requests
for PB Wire Forms, Inc. and Wheaton Pharmatech. Finance Director John Cawley presented t
he two manufacturing exemption requests and recommended Council's approval.
The Council unanimously approved the manufacturing exemption requests for PB Wire Forms,
Inc. and Wheaton Pharmatech.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement and Parking Carol Turner:
- Amperometric Titrator (601-4101-533.70-30;
Sloan Equipment Sales ...............................................................................$ 1,535.00
- Gas Monitor and Accessories (601-4101-533.70-30; over budget)
Pendergast Safety Equipment ......................................................................$ 2,297.30
- Contract No. 801-ES, Change Order No. 1
Additional Engineering Services NE Collector - Phases I & II
(301-3220-539.30-20; 302-3705-537.30-20; 302-4190-537.30-20);
McCrone, Inc...............................................................................................$ 46,340.00
- Contract No. 10-97-SW
Truitt Street Storm Drain (001-3205-532.43-03)
American Paving Corporation, Inc................................................................$390,407.00
On a motion by Mr. Webster and seconded by Mr. Scott, items #1 through #3 were unanimously approved. Item #4 was not considered since Ordinance No. 1816 was not discussed by Council.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following issues:
- follow-up meeting with the Newtown residents on June 13, 2001;
- renovations to the bridge tender's house on West Main Street;
- June 20, 2001 public input session at 7:00 p.m. in Council Chambers with the firm conducting the operational analysis of the Fire Department;
- June 27, 2001 public meeting at 6:00 p.m. in Council Chambers with HyettPalma to discuss the outcome of their study; and
- meeting with staff members in July to discuss energy resource management.
COUNCIL COMMENTS
Ms. Siggers mentioned that the water and sewer discussions with the County will hopefully
resume soon. She and Mrs. Polk were happy to continue to serve on the committee and they
hoped to bring to fruition an agreement with the County. In regards to the Truitt Street storm
water issue, Ms. Siggers believed it was unfortunate that the Truitt Street residents had to suffer.
Mr. Scott extended appreciation to the public for attending. Mr. Webster inquired if the lighting
in the Camden area was being addressed and encouraged the City to do whatever they could to
assist in the Crown, Cork and Seal situation.
Mrs. Polk reiterated that information pertinent to a public discussion must be shared with all
members of the City Council. Mrs. Polk advised that the Maryland Municipal League was
holding a session in Ocean City during the last week of June. She implored members of the
Council to avail themselves of this service.
PUBLIC COMMENTS
Mr. Darrell Russell of Martin Street related his concerns regarding an incident on December 21,
2000 with Salisbury police officers and advised that he had concerns with the lighting on Church
Street.
Mr. James Trader mentioned that he had not received a response to his May 14, 2001 inquiry on
how many employees had left the City due to salary during the last fiscal year nor had he
received any arrangements to review the waste water treatment plant files (requested on
February 17, 2001). Mr. Trader questioned what the City had done in following up on the
information he submitted on Hastings Cemetery.
Mr. Travis Terrell opined that the big water users should not get a break on their water bill.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey explained his position on the Truitt Street storm water project ordinance. After
receiving phone calls from certain residents and making follow-up calls, more issues were
raised. Even though Council had discussed this at a previous work session, he believed another
session was warranted to discuss the project further.
With no further discussion, the meeting adjourned at 8:35 p.m.
City Clerk
Council President