CITY OF SALISBURY, MARYLAND
#25 MEETING DECEMBER 22, 2003
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, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Building, Housing & Zoning Director William Holland, 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 7:00 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 Mr. Day seconded to approve the agenda as presented. Mr. Comegys moved to add Resolution No. 1056, declaring December 26, 2003 as an additional holiday for City employees. Mr. Day seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF DECEMBER 8, 2003 MINUTES
The December 8, 2003 minutes were unanimously approved on a motion by Ms. Siggers and seconded by Mrs. Cathcart.
CERTIFICATE OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to the Parkside High School Marching Rams, 1st place recipient in the 2003 Atlantic Coast Championships Invitational.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement and Parking Carol Turner:
1. Declaration of Surplus (mini tower and computer). . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
2. Side-Load Automated Refuse Trucks (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$322,420.00
(001-3315-532.86-00 Lease Purchase)
Barr International, Inc.
3. Lease/Purchase Financing (various accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2.94%
Municipal Services Group, Inc.
The above items were unanimously approved upon a motion and a second by Mr. Comegys and Mr. Day, respectively.
ORDINANCE NO. 1887 - 2ND READING - AMENDING RENTAL UNIT LICENSING ORDINANCE TO POSTPONE START DATE
Mrs. Cathcart moved and Ms. Siggers seconded to approve Ordinance No. 1887 for second reading. Building, Housing and Zoning Director William Holland presented Ordinance No. 1887 extending the effective date for landlord licensing applications. Beginning March 1, 2004, legal owners of rental properties within R-5, R-8, R-10 and Planned Residential Districts shall make written application for a rental license on or before April 1, 2004; legal owners of rental properties in all other zoning districts shall make written application on or before May 1, 2004.
Ordinance No. 1887 for second reading passed unanimously.
ORDINANCE NO. 1888 - 2ND READING - AMENDING BOND ORDINANCE - NORTHEAST COLLECTOR
Mrs. Cathcart moved and Ms. Siggers seconded to approve Ordinance No. 1888 for second reading. Ken Johanning, Finance Department Accountant, addressed Ordinance No. 1888 amending Ordinance No. 1870 by redesignating funds ($1,114,550) from the Public Works Service Center construction project to the Northeast Collector project.
Ordinance No. 1888 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1889 - 2ND READING - EXTENDING TRIAL PERIOD TO EVALUATE OPENING OF DOWNTOWN PLAZA
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1889 for second reading. Public Works Director John Jacobs presented Ordinance No. 1889 amending §12.32.020 of the Salisbury Municipal Code by extending the opening of West Main Street from Market Street to Division Street through December 1, 2004.
Ordinance No. 1889 for second reading was unanimously approved.
ORDINANCE NO. 1890 - 1ST READING - AMENDING BOND ORDINANCE FOR WOR-WIC WATER AND SEWER PROJECT
Mr. Day moved and Mrs. Cathcart seconded to approve Ordinance No. 1890 for first reading. Ordinance No. 1890, as introduced by Ken Johanning, amends Ordinance No. 1724 by redesignating excess funds to the Wor-Wic water and sewer project as follows:
Water Fund Sewer Fund
Northeast Collector Northeast Collector
Ordinance #1724 $695,980 Ordinance #1724 $1,043,940
This Ordinance 24,020 This Ordinance ( 317,179)
New Total $720,000 New Total $ 726,761
Isabella Street Upgrade Isabella Street Upgrade
Ordinance #1724 $273,000 Ordinance #1724 $ 409,500
This Ordinance ( 75,221) This Ordinance (308,364)
New Total $197,779 New Total $ 101,136
Wor-Wic Project Wor-Wic Project
Ordinance #1724 $ -0- Ordinance #1724 $ -0-
This Ordinance 51,201 This Ordinance 625,543
New Total $ 51,201 New Total $625,543
Ordinance No. 1890 for first reading passed on a 4-1 vote with Ms. Siggers casting the nay vote.
ORDINANCE NO. 1891 - 1ST READING - BUDGET AMENDMENT TRANSFERRING FUNDS FOR LEGAL FEES
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1891 for first reading. Executive Officer John Pick introduced Ordinance No. 1891 amending the FY04 General Fund budget by transferring $20,000 from the Mayor’s Office legal budget to meet a shortfall in the legal budgets for Building, Housing and Zoning ($10,000) and Public Works ($10,000).
Ordinance No. 1891 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1048 - APPROVING SALE OF ULMAN THEATRE PROPERTY
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1048. Director of Procurement and Parking Carol Turner introduced Resolution No. 1048 accepting the proposal from Randolph J. Taylor for the purchase of approximately 6,700 square feet (.15 acres) of City property located on the south side of West Main Street and the east side of West Market Street for $25,000. Mr. and Mrs. Taylor provided a brief concept of their plans to redevelop the parcel (three level building with two floors residential and one floor retail).
Resolution No. 1048 passed unanimously.
RESOLUTION NO. 1049 - AMENDING LEASE TO SHORE TRANSIT FOR TRANSIT TRANSFER STATION SITE
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1049. Director of Procurement and Parking Carol Turner presented Resolution No. 1049 amending the lease agreement with Shore Transit for the use of parking lot #10 providing for the installation of decorative lighting, landscaping, bike racks, benches, trash receptacles and signage at the transfer point on Calvert Street.
At the request of Ms. Turner, Ms. Siggers moved to amend Resolution No. 1049 to change all the Shore Transit references to Lower Shore Tri-County Council. Mrs. Cathcart seconded and the amendment passed unanimously. Resolution No. 1049, as amended, passed unanimously.
RESOLUTION NO. 1050 - APPROVING TRANSFER OF FUNDS FROM THE CITY’S CONTINGENCY FOR SECURITY FENCING AT THE SALISBURY ZOO
Mr. Comegys moved and Ms. Siggers seconded to approve Resolution No. 1050. Public Works Director John Jacobs introduced Resolution No. 1050 transferring $8,000 from the City’s Contingency to the Zoo Division’s budget to improve the security of the Zoo’s perimeter fence.
Resolution No. 1050 passed unanimously.
RESOLUTION NO. 1051 - APPROVING TRANSFER OF FUNDS FROM THE CITY’S CONTINGENCY FOR THE CHIPMAN CENTER ELEVATOR PROJECT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1051. Executive Officer John Pick explained that Resolution No. 1051 approves a transfer of $2,600 from the City’s Contingency to a special revenue fund for the Chipman Cultural Center elevator project. The funds will cover the shortfall in order to move forward with the architectural/engineering portion of the project.
All voted in favor of Resolution No. 1051 with the exception of Mr. Day who abstained.
RESOLUTION NO. 1052 - ENTERPRISE ZONE ELIGIBILITY - GERMANE TOOL
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1052. Resolution No. 1052, as introduced by Executive Officer John Pick, declares that Germane Tool Corporation, located at 2020 Shipley Drive, is eligible to receive Enterprise Zone benefits due to the creation of more than two full-time positions.
Resolution No. 1052 passed unanimously.
RESOLUTION NO. 1053 - ENTERPRISE ZONE ELIGIBILITY - PARKER AND ASSOCIATES, INC. AND RIVERSIDE DRIVE RENTAL
Ms. Siggers moved and Mr. Comegys seconded to approve Resolution No. 1053. Executive Officer John Pick presented Resolution No. 1053 declaring that Parker and Associates, Inc. (created more than two full-time positions) and Riverside Drive Rental (invested more than $50,000), located at 528 Riverside Drive, were eligible to receive Enterprise Zone Benefits.
Ms. Siggers voiced her concern that the two entities were not presented in two separate Resolutions. After a brief discussion, all voted in favor with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1054 - REAPPOINTMENTS TO BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1054. Mayor Tilghman recommended the following reappointment:
Name Term Expiring
Peter Bozick January 2008
Maurice Ngwaba January 2008
Joe Vignale January 2009
Resolution No. 1054 passed unanimously.
RESOLUTION NO. 1055 - APPOINTMENTS TO CITY PARK COMMITTEE
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1055. Mayor Tilghman recommended the following appointments
Name Term Expiring
Henry Parker December 2006
Charles Smith, Jr. December 2006
Christopher Widdowson December 2005
Marvin Novick December 2005
Josephus Hastings December 2004
Bruce Webster December 2004
Resolution No. 1055 passed unanimously.
RESOLUTION NO. 1056 - DECLARING DECEMBER 26, 2003 AS AN ADDITIONAL HOLIDAY FOR CITY EMPLOYEES
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1056. Executive Officer John Pick presented Resolution No. 1056 declaring December 26, 2003 as an additional holiday for City employees.
Resolution No. 1056 passed unanimously.
PROPOSED ANNEXATION REQUESTS
Public Works Director John Jacobs briefed Council on the following proposed annexation requests:
Old Ocean City Road-Farlow Farm Annexation
• 37.5 acres located along the northerly side of Old Ocean City Road, adjoining westerly side of Parker Road
• 200 unit townhouse development planned
• R-10A Residential zoning upon annexation
Glen Avenue/Stephens Property Annexation
• .4 acres located at the southwest corner of the Glen Avenue and Chelsea Court intersection
• a single three unit apartment building proposed
• R-8A Residential zoning upon annexation
There was a consensus to move forward with the preparation of an annexation Resolution for both of the above annexation requests.
PUBLIC COMMENTS
Mr. James Trader commented on the following issues: Council’s voting procedures; parking garage leaks; traffic problems at College Avenue/Rt. 13 intersection and at shopping centers; disband horse patrol and hire more police officers; company name on signs vs. banners; Rt. 50 drawbridge opening; consequences of developments – need to look at whole picture; and continuing Lord’s Prayer at Council meetings.
ANNOUNCEMENT
Council President Dunn announced that the Council meetings would convene at 6:00 p.m. beginning with the first meeting in January 2004.
With no further business, the meeting adjourned at 8:30 p.m.
City Clerk
Council President