CITY OF SALISBURY, MARYLAND
#9 MEETING MAY 12, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Public Works Director John Jacobs, Police Chief Allan Webster, and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman
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CONVENING - ADOPTION OF AGENDA
The City Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Day moved to remove the presentation of the recall petitions from the agenda. Mrs. Polk seconded and the vote was unanimous. Mr. Webster made a motion to move the approval of the April 28, 2003 minutes before the Award of Bids. Mrs. Polk seconded and the vote was unanimous. The agenda, as amended, was unanimously approved upon a motion and a second by Mr. Webster and Mrs. Polk, respectively.
APPROVAL OF APRIL 28, 2003 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the April 28, 2003 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Polk moved and Mr. Scott seconded to approve the Award of Bids. Director of Procurement and Parking Carol Turner presented the following items for approval:
1. Street light for Robert Street (001-2250-525.70-33 unbudgeted capital). . . . . . . $1,500.00
City of Salisbury
2. Riverwalk repair (001-3205-532.43-18 - sole source) . . . . . . . . . . . . . . . . . . . . $31,612.50
Uretek USA
3. Contract No. 106-03 Lake Street Park Contact Building & Dugouts . . . . . . $135,900.00
(105-8654-552.70-24)
Alessi, Inc.
Item #1 - unanimously approved
Item #2 - unanimously approved
Item #3 - After discussion, including the Ethics Commission ruling involving Mr. Alessi, Mr. Scott moved and Mrs. Polk seconded to postpone this item for a rebid. All voted in favor with the exception of Mr. Day’s nay vote.
ORDINANCE NO. 1878 - 1ST READING - APPROVING RESIDENTIAL PARKING PERMIT POLICY
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1878 for first reading. Director of Procurement and Parking Carol Turner introduced Ordinance No. 1878 amending Chapter 10.28, Parking Restrictions in Residential District, to provide a policy for distribution, use and enforcement of residential parking permits.
Mrs. Polk requested that the definition of visitor be included in the Ordinance for second reading. Mrs. Polk voiced a concern with the impact on the 4-2 legislation if visitor permits were issued for a year. After further discussion, Mrs. Polk moved to delete the visitor permit provision (only allow temporary visitor permits). Mr. Webster seconded and the amendment passed unanimously.
Ordinance No. 1878 for first reading, as amended, passed unanimously.
RESOLUTION NO. 965 - UTILIZING UNOBLIGATED WATER AND SEWER CAPITAL IMPROVEMENTS FUNDS FOR ENGINEERING SERVICES FOR THE EXTENSION OF WATER AND SEWER SERVICES TO WOR-WIC
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 965. Public Works Director John Jacobs addressed Resolution No. 965 designating Water and Sewer Capital Improvements funds ($215,364.19) for additional engineering services to complete the design of water and sewer extensions to the Arthur W. Perdue Stadium, Wor-Wic and the surrounding area.
Finance Director John Cawley explained that the Capital Improvement Fund had accumulated approximately $650,000 in interest over the years from bond proceeds which had not been earmarked for projects. The $215,364.19 would be taken from the accrued interest.
After further discussion, Resolution No. 965 was unanimously approved.
RESOLUTION NO. 966 - RESOLUTION OF SUPPORT FOR AMERICAN HOUSING PRESERVATION CORPORATION TO PURCHASE AND REHABILITATE PEMBERTON MANOR APARTMENTS
Mr. Webster moved and Mr. Day seconded to approve Resolution No. 966. Resolution No. 966, as presented by Executive Officer John Pick, endorses American Housing Preservation Corporation’s proposal to purchase and renovate Pemberton Manor Apartments and supports the project financing in the form of loans ($11,400,000).
Resolution No. 966 passed unanimously.
RESOLUTION NO. 967 - RESOLUTION OF SUPPORT FOR COTTAGES @ RIVER HOUSE PHASE I
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 967. Executive Officer John Pick introduced Resolution No. 967 endorsing the development of a rental housing development (approximately 29 units) known as Cottages at River House located on Pemberton Drive and the project’s loan financing for approximately $1,170,540. Mr. Pick reported that the State missed including the financing requirement in the previous resolution for this project.
Ms. Siggers related that she still had the same concerns as before, traffic and location, so she could not support the resolution.
Resolution No. 967 passed on a 4-1 vote with Ms. Siggers casting the nay vote.
RESOLUTION NO. 968 - APPROVING CONSENT DECREE FOR NORTHEAST COLLECTOR
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 968. City Solicitor Paul Wilber highlighted provisions of the consent decree resolving issues related to annexation conditions, acquisition of roadbed, access points and approval of a Planned Development District.
For the record, Mrs. Polk reiterated her previous objection raised at the work session by pointing out that procedures such as condemnation should be done according to the Charter. Even though she was glad the parties had come to an agreement, she believed the process that was followed was incorrect.
Mr. Vic Laws, representing the Robertson family, reported that the process started as a condemnation process. However, after difficult and time-consuming negotiation efforts, he believed the agreement was fair for both sides and would be filed with the court.
After further discussion, including Mr. Pat Hannon and Mr. Robert Taylor’s concerns, Resolution No. 968 passed unanimously.
RESOLUTION NO. 969 - TRANSFERRING FUNDS FROM THE POLICE DEPARTMENT TO THE CITY ATTORNEY BUDGET LINE ITEM TO COVER DEFICIT
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 969. Executive Officer John Pick presented Resolution No. 969 transferring $70,000 from the Police Department Budget (salary account) to the City Attorney account to offset unusually high legal bills.
Mrs. Polk took exception to the funds being transferred from the Police Department’s salary account to cover the City Attorney’s legal bills since Mr. Wilber had assured the Council that he would not be part of the Police Department investigation. Mrs. Polk also referred to approximately $10,000 spent on Charter changes for an illegal Resolution drafted by the City Attorney (contained several Charges changes lumped into one Resolution).
Ms. Siggers believed there was poor stewardship in monitoring the expenditure of funds from that account. Personally, she could not support the transfer of funds.
After further discussion, Messrs. Day, Scott and Webster voted aye; Mrs. Polk and Ms Siggers nay. Resolution No. 969 failed to passed due to lack of a 4/5 required vote.
RESOLUTION NO. 970 - ADOPTING NEW INFRASTRUCTURE ASSET POLICY
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 970. Resolution No. 970, as addressed by Finance Director John Cawley, adopts a Capital Asset Guide Policy for inventorying and capitalizing City assets and infrastructure.
Resolution No. 970 passed unanimously.
RESOLUTION NO. 971 - CHARTER AMENDMENT - ADMINISTRATIVE AMENDMENT TO §SC7-48, DEBT LIMIT
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 971. Finance Director John Cawley explained that Resolution No. 971 amends §SC7-48, Debt Limit, of the Charter to reflect changes made by the State of Maryland to the assessed value for real property.
Resolution No. 971 passed unanimously.
RESOLUTION NO. 972 - AMENDING CITY COUNCIL REGULATIONS AND RULES OF ORDER TO ADD PROCEDURES FOR SECURITY AT CITY COUNCIL MEETINGS
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 972. Police Chief Allan Webster presented Resolution No. 972 amending the Regulations and Rules of Order for the City Council by including a provision for security at City Council meetings.
Resolution No. 972 passed unanimously.
RESOLUTION NO. 973 - ESTABLISHING DATE FOR A PUBLIC HEARING - U.S. RT. 50E - MILFORD STREET ASSOCIATES ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 973. Public Works Director John Jacobs presented Resolution No. 973 annexing property located on the westerly side of Carolyn Avenue and the northerly side of U.S. Route 50 East. A public hearing will be scheduled for Thursday, June 26, 2003, on the proposed annexation.
Resolution No. 973 passed unanimously.
RESOLUTION NO. 974 - ESTABLISHING DATE FOR A PUBLIC HEARING - CAUSEY/THREE CREEKS ANNEXATION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 974. Public Works Director John Jacobs introduced Resolution No. 974 annexing property located on the northerly side of Naylor Mill Road and the easterly side of Jersey Road. A public hearing will be scheduled for Thursday, June 26, 2003, on the proposed annexation.
Resolution No. 974 passed unanimously.
RESOLUTION NO. 975 - ESTABLISHING DATE FOR A PUBLIC HEARING - JOHNSON ROAD/JOHNSON’S RETREAT ANNEXATION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 975. Public Works Director presented Resolution No. 975 annexing property located on the southeasterly side of Johnson Road. A public hearing will be scheduled for Thursday, June 26, 2003, on the proposed annexation.
Resolution No. 975 passed unanimously.
RESOLUTION NO. 976 - ENTERPRISE ZONE ELIGIBILITY - SILVERTON MARINE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 976. Executive Officer John Pick addressed Resolution No. 976 and recommended that Silverton Marine Corporation, located at 2015 Industrial Parkway, be eligible to receive Enterprise Zone benefits.
Resolution No. 976 passed unanimously.
PUBLIC COMMENTS
No comments were received.
MAYOR’S COMMENTS
Executive Officer John Pick reported that Mayor Tilghman was attending her daughter’s graduation from college.
COUNCIL COMMENTS
Mr. Webster commented on the following: 1) settlement of Salisbury Fire Department issue; 2)
benefit at Salisbury University on May 18 for Friends of the Bandstand and Park; 3) Isabella Street traffic changes; 4) budget process; and 5) appreciation to Access 26. Mr. Scott opined that the budget process was not going to be easy. Mr. Day mentioned that the Park and Flea and Farmers Market were Downtown. Mrs. Polk asked that any concerns relating to residential parking permits be conveyed to Council’s attention before the second reading.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers reported that the budget sessions are open to the public and that lawn care equipment was available for use to those persons residing in the Weed and Seed areas.
With no further business, the meeting adjourned at 10:16 p.m.
City Clerk
Council President