CITY OF SALISBURY, MARYLAND
#15 MEETING AUGUST 9, 2004
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, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Fire Chief David See, 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. President Dunn extended appreciation to Assistant City Clerk Mary Church for the great job she did last week while the City Clerk was on vacation along with dealing with family illnesses.
The agenda was approved as presented upon a motion and a second by Mr. Comegys and Mr. Day, respectively.
APPROVAL OF JULY 26, 2004 MINUTES
The July 26, 2004 minutes were unanimously approved on a motion by Mr. Day and seconded by Mr. Comegys.
ORDINANCE NO. 1909 - 2ND READING - AMENDING CHAPTER 2.16, FIRE DEPARTMENT, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1909 for second reading. City Solicitor Paul Wilber and Fire Chief David See recommended the following changes to Ordinance No. 1909, amending Chapter 2.16, Fire Department, of the Salisbury Municipal Code:
1. 2.16.010 - include definitions for Volunteer Fire Company and Tax Funds
2. 2.16.020
• A.3. - add and volunteer firefighters
• E.2. - add the following language: If warranted by circumstances, the Fire Chief is authorized to recognize and to receive assistance from other agencies for the provision of emergency services.
• add item E.4. as follows: Any emergency service or public safety organization with whom the City has a mutual aid agreement is recognized as an emergency service provider in the Salisbury Fire District according to the terms of the mutual aid agreement.
• add item E.5. as follows: Any non-profit or for-profit emergency service or public safety organization shall be permitted to transport equipment, personnel or members of the public within the City.
• F.2. - change to read as follows: Control, maintain and operate all physical facilities, apparatus, equipment and personal property used by the Fire Department.
• F.8. (second line) - change to read outside of the Salisbury Fire District
• F.10. - change to read as follows: Approve the operational use of all firefighting and emergency medical services apparatus, vehicles, tools, and equipment.
3. 2.16.030 - change last sentence in item B to read as follows: If the departmental rules and regulations conflict with City personnel policy, the City personnel policy will control as to career employees.
4. 2.16.040
• A. - add the word volunteer before fire company in first line
• A.3. - change to read as follows: Receive approval of the Fire Chief to place any firefighting or emergency medical service apparatus, vehicles, tools or equipment in service for Fire Department operations.
• A.5. - change to read as follows: Not directly or indirectly purchase, alter, discard, dispose of, transfer or sell any vehicle, apparatus or equipment for or on behalf of a volunteer fire company, the Fire Department or the City of Salisbury without consultation with the Fire Chief.
• B.4. - delete the following sentence: All corporate officers shall be active members.
• B.6. - to read as follows: Use all tax funds received by the volunteer fire company to assist in the operation of the Fire Department. A Volunteer Executive Board comprised of Assistant Fire Chiefs (volunteer) from each volunteer fire company and the Deputy Chief (volunteer) shall manage the expenditure of these funds in consultation with the Fire Chief to assure the expenditure is for firefighting and emergency medical response needs of the Fire Department. The expenditure of charitable donations received by a volunteer fire company shall be supervised solely by the volunteer fire company.
• B.7. - to read as follows: Provide an annual financial disclosure statement, tax returns, and audit report in such detail as the Fire Chief requests to enable the City to ensure accountability for the expenditure of tax funds.
• B.8. - to read as follows: Not conduct any fund raising activities of any kind on City property or with use of Fire Department apparatus or equipment without the written approval of the Fire Chief. The Fire Chief shall be notified of all fund raising activities.
• B.10. - delete
• B.11. - delete
• F. - to read as follows: No non-profit or for-profit emergency service organization shall engage in the delivery of emergency services in the Salisbury Fire District without being recognized as a provider of such services by the City.
• H.2. - to read as follows: The auxiliary of the volunteer fire companies shall not conduct any fund raising activities of any kind on City property or with use of City vehicles, apparatus or equipment without the written approval of the Fire Chief.
Mr. Comegys moved to amend Ordinance No. 1909 to incorporate the recommended changes as outlined by Mr. Wilber. Mrs. Cathcart seconded and the amendment passed unanimously. Ordinance No. 1909 for second reading, as amended, passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1911 - 1ST READING - AMENDING FY05 PARKING AUTHORITY BUDGET TO PROVIDE FOR THE PURCHASE OF PARKING LOT #13
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1911 for first reading. Executive Officer John Pick introduced Ordinance No. 1911 amending the FY05 Parking Authority budget to provide for the purchase of parking lot #13 (Bell Plaza) from Cavalier Resources for $130,000 plus settlement fees of $2,692.40.
Ordinance No. 1911 for first reading passed unanimously.
RESOLUTION NO. 1138 -APPROVING A WAIVER OF BUILDING, HOUSING AND ZONING LIENS
Since Council President Dunn recused himself on this item, Council Vice President Day presided over the discussion. Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1138. Mayor Tilghman presented Resolution No. 1138 and acknowledged that a counter-offer was made to Mr. Hughes to increase his offer to $14,890 which would equal the assessed value of the property and to enter into an agreement with the City to develop the property within a two-year period. If Mr. Hughes was unable to develop the property within the two-year period, the liens on the property would immediately become due in full. Although Mr. Hughes was willing to place a time limit on the development of the property, he was not willing to increase his offer to equal the assessed value of the property. Consequently, Mayor Tilghman was unable to support Mr. Hughes’ request. Mayor Tilghman clarified that there were only nineteen City properties in this same situation, not hundreds as previously stated by Mr. Hughes.
Ms. Mary Ashanti, President of the NAACP, shared the concern that there appeared to be a trend of poor people, especially blacks, having liens placed on their properties which leads to loss of land. She asked that an investigation be done by a non-partisan group (going back two to three years) with their findings submitted in printed form to the Mayor, Council and the public and placed on the City’s web site. Ms. Ashanti questioned if the issue of more blacks or minorities on a reviewing board/body was discussed; criteria used by the reviewing, inspecting body to determine what houses and neighborhoods get inspected and which are left alone; and if only poor neighborhoods/streets are targeted or if high-end houses were subject to inspection.
Ms. Shanie Shields and Mr. James Shields voiced their support for Resolution No. 1138. They believed the property was an eyesore which did not enhance the quality of life in their neighborhood.
Mr. Comegys believed the liens were a tool to force compliance with the Code with the liens being used to recoup some of the City’s cost in mitigating the problem. In his opinion, the City was not giving away money in waiving the liens. Mr. Comegys moved to amend Resolution No. 1138 to include the agreement that if the property was not developed in two years the full amount of the liens become due. Mrs. Cathcart seconded. Mrs. Cathcart and Messrs. Comegys and Day voted aye; Ms. Siggers nay. The amendment passed on a 3-1 vote.
Mr. Hughes reported that he plans to build six housing units or six business condominiums on the property, whichever would be more prosperous. Mrs. Cathcart mentioned that she wanted to support what the homeowners in the area felt was important. Although Ms. Siggers acknowledged that vacant properties needed some work, she did not believe the properties should be given away. In her opinion, BHZ through Administration used liens as a tool for confiscation. She suggested that a policy be put in place in which a fair judgment would be made on these properties. Mr. Day agreed that a policy was needed, but did not want to continue to spend money on the property.
After further discussion, Resolution No. 1138, as amended, passed on a 3-1 vote with Ms. Siggers voting nay.
(Council President Dunn resumed presiding over the balance of the meeting.)
RESOLUTION NO 1141 - CHARTER AMENDMENT - AMENDING ARTICLE IV, EXECUTIVE OFFICER TO MAYOR PROVISIONS
Mr. Day moved and Mrs. Cathcart seconded to approve Resolution No. 1141. Mayor Tilghman presented Resolution No. 1141 amending the Charter by changing the title of the current Executive Officer to the Mayor position to a City Administrator position and defining the duties of the City Administrator. Subject to the right of referendum, the Charter amendment becomes effective on September 28, 2004.
Resolution No. 1141 passed on a 4-1 vote.
RESOLUTION NO. 1142 - ACCEPTING CHURCH STREET CSAFE NEIGHBORHOOD GRANT FUNDS
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1142. Ms. Deborah Stam addressed Resolution No. 1142 accepting $76,393 in grant funds awarded through the Governor’s Office of Crime Control & Prevention for the Church Street CSAFE Neighborhood. The funds will be used for the following eight projects:
1. School Resource Officer/Wicomico Middle School/Sheriff’s Dept. $45,988
2. Narcotics Buy - Bust Operations/Salisbury Police Department $ 5,330
3. Prostitution Stings/Salisbury Police Department $ 6,075
4. Neighborhood Advocate - Lead Coordinator/Mayor’s Office $ 8,000
5. East Salisbury Elementary School/Summer Program $ 3,000
6. Wicomico Middle School/WISE After-School Program $ 3,000
7. Grace United Methodist Church/Teens On The Go Program $ 3,000
8. Rahab’s Place/Rehabilitation Services for Prostitutes $ 2,000
Resolution No. 1142 was unanimously approved.
PUBLIC COMMENTS
Mr. James Trader commented on the following issues: June 1922 newspaper article regarding funds to organize a municipal band; ownership of sidewalks; installation of water meter in middle of concrete slab; and meeting schedule of Traffic Committee.
With no further business, the meeting adjourned at 7:18 p.m.
City Clerk
Council President