CITY OF SALISBURY, MARYLAND
#23 MEETING DECEMBER 13, 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, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, Grants/Special Projects Director Loré Chambers, 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. Congratulations were extended to Andrew Bratten, a senior from James M. Bennett High School, for being selected as this year’s male High School Heisman winner.
Mr. Comegys moved and Mr. Day seconded to approve the agenda as presented. Mrs. Cathcart moved to delete the Certificates of Appreciation for the Parkside High School Golf Team from the agenda (to be presented at next meeting). Mr. Comegys seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
PRESENTATION OF GOVERNOR’S CITATION
Ms. Tracey Gordy presented the Governor’s Citation to the City of Salisbury in recognition of Salisbury serving as a Pilot Jurisdiction for the Development Capacity Task Force Study. Mayor Tilghman accepted the Citation on behalf of the City.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to North Salisbury Elementary School Principal Janet Veditz and teachers Debbie Wilkins, Cindy Anno, Beth Osborne and Estelle Pappas for organizing a mock 2004 presidential election by the magnet students.
PROCLAMATION FOR COMMUNITY OF PEACE
Mayor Tilghman read a Proclamation proclaiming the City of Salisbury as a “Community of Peace.” Ms. Gerry Eitner, President of The Masters Group, invited the City to consider the next step by adopting “The Way of the Child” program.
APPROVAL OF NOVEMBER 22, 2004 MINUTES
On a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively, the November 22, 2004 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Ms. Siggers seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Declaration of surplus
Quantex QP6/400 Computer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
IBM Selectric III Typewriter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Contract No. 10-04-NECR(2), Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . $6,600.00
Northeast Collector Road, Phase 2, Construction
(31151-577021-4000; 82078-577022-50001)
David A. Bramble, Inc.
3. Contract No. 21-03-S&W, REBID, Change Order No. 5-21 . . . . . . . . . . . . . . .$13,586.80
Water & Sewer Extensions to Stadium & Wor-Wic (82078-577032-33107)
American Paving Corporation
4. Contract No. 101-05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8.5% of Revenue
EMS Billing and Collection Services
Medical Claim Aid
The above items were unanimously approved.
ORDINANCE NO. 1919 - 2ND READING - ABANDONMENT OF A RIGHT-OF-WAY ON PORTION OF FIRST STREET
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1919 for second reading. Public Works Director John Jacobs, along with Mr. Mitchell Wyatt, provided an overview of Ordinance No. 1919. The Ordinance closes a portion of First Street with the City conveying to Pemberton Housing , LP and Bubble Junction Car Wash, LLC all its rights, title and interest to the bed of the closed portion of the street.
Ordinance No. 1919 for second reading was unanimously approved.
ORDINANCE NO. 1918 - 1ST READING - APPROVING WATER AND SEWER EXTENSION POLICY
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1918 for first reading. Public Works Director John Jacobs introduced Ordinance No. 1918 establishing a new section of the Salisbury Municipal Code, Chapter 13.02, which revises the City’s policy on the extension of City water and sewer services. Mr. Jacobs explained that current water and sewer customers are paying for the growth, but the philosophy within the Public Works staff is that growth should pay for growth. New customers should pay a capacity fee. In order to define when the Capacity Fee would be applicable, Mr. Jacobs recommended adding a new paragraph to section 13.02.070A as follows:
“14.The developer or property owner will pay the applicable Comprehensive Connection Charges (Capacity, Line, Central System Line, Facility, and Sewer-Connection and Water-Meter/Tap Fees) for each phase of the development or lot(s). As of December 21, 2004, no Capacity Fee will be paid if the developer or property owner has 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.”
A discussion ensued regarding the proposed December 21, 2004 date in Mr. Jacobs’ recommendation. Mrs. Cathcart questioned how many were in the pipeline and noted that, as of February 1, 2004, everyone knew a new policy would be forthcoming. Ms. Siggers requested that the Council be provided with the detailed information on applications submitted after February 1, 2004.
Mr. Jacobs explained that currently a capacity fee technically doesn’t exist because there is no Ordinance approved that defines a capacity fee. The capacity fee, as defined, was presented to Council in July during a work session. The Ordinance was written based on the eight decision points that Council came to a consensus on during the work session. Mr. Jacobs indicated that they were trying to maintain a good faith, fair and balanced approach to the entire process. They were defining the capacity fee in the future so that there was no issue of retroactivity.
Mr. Andy Mitchell, representing Eastfields LLC, suggested revising the language to reflect that anyone having an approved site plan as of January 1, 2005, December 1, or today, would have the opportunity to obtain a Public Works Agreement. After further discussion, Messrs. Day and Comegys noted they were comfortable with the language as presented and were ready to move forward. Mr. Jacobs recommended retaining the wording as he proposed. Mr. Pick reported that they placed emphasis on a signed Public Works Agreement because of it being an agreement between the City and the developer outlining each of their payment responsibilities.
Mr. Comegys moved and Ms. Siggers seconded to amend Ordinance No. 1918 by adding the additional section to 13.02.070A as presented by Mr. Jacobs. The amendment passed unanimously. Ordinance No. 1918, as amended, was unanimously approved on first reading.
ORDINANCE NO. 1920 - 1ST READING - AMENDING SECTION 6.04.060 OF THE SALISBURY MUNICIPAL CODE, DAMAGE OR DESTRUCTION OF ZOO ANIMALS AND BIRDS PROHIBITED–TRESPASSING ON ZOO PROPERTY
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1920 for first reading. Ordinance No. 1920, as briefed by Public Works Director John Jacobs, amends section 6.04.060 of the Salisbury Municipal Code by defining trespassing in the City Zoo and Ben’s Red Swings Playground.
Ordinance No. 1920 for first reading passed unanimously.
ORDINANCE NO. 1921 - 1ST READING - AMENDING SECTION 8.32.020 OF THE SALISBURY MUNICIPAL CODE, SMOKING PROHIBITED IN CERTAIN AREAS
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1921 for first reading. Public Works Director John Jacobs presented Ordinance No. 1921 amending Section 8.32.020 of the Salisbury Municipal Code to prohibit smoking in the Salisbury Zoo and Ben’s Red Swings Playground.
Ordinance No. 1921 for first reading passed unanimously.
RESOLUTION NO. 1172 - ACCEPTING EMERGENCY SHELTER GRANT FUNDS FROM THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1172. Grants/
Special Projects Director Loré Chambers introduced Resolution No. 1172 accepting an emergency shelter grant of $3,660 from the Department of Housing and Community Development. The City applied for funding on behalf of Diakonia, Inc., a homeless shelter in Ocean City, Maryland, which provides services to residents of Salisbury.
Resolution No. 1172 was unanimously approved.
RESOLUTION NO. 1173 - CREATING A NO PARKING ZONE ON THE SOUTH SIDE OF LOCUST TERRACE
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1173. Police Chief Allan Webster introduced Resolution No. 1173 restricting parking on the south side of Locust Terrace including the cul-de-sac. A petition was received signed by some of the Locust Terrace residents supporting the creation of a no parking zone. After receiving comments from Mr. and Mrs. Richard Crumbacker of 316 Locust Terrace, Ms. Siggers moved to eliminate 320 Locust Terrace from the list (would begin at 318). Mrs. Cathcart seconded and the amendment passed unanimously.
Resolution No. 1173, as amended, was unanimously approved.
RESOLUTION NO. 1174 - ACCEPTING CSAFE II NEIGHBORHOOD GRANT FUNDS
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1174. Police Chief Allan Webster explained that Resolution No. 1174 accepts $7,000 in grants funds awarded through the Governor’s Office of Crime Control and Prevention to enhance community policing efforts and quality of life issues in the designated CSAFE II area. The funds will provide for police officer overtime, training, continuation of the Earn-A-Bike program, and the National Night Out event.
Resolution No. 1174 passed unanimously.
RESOLUTION NO. 1175 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1175. Mayor Tilghman recommended the appointment of Mr. Les Lutz to the Historic District Commission for a term ending December 2008.
Resolution No. 1175 was unanimously approved.
PUBLIC COMMENTS
Mr. James Trader commented on the status report from MDE and EPA concerning the oil storage tanks on Lake Street. He believed it might be advantageous for the Council to invite Mr. Ross Kelly of the Maryland Department of the Environment to explain what is going on with this property to protect our water resources. Mr. Trader also requested to review the proposed regulations on stormwater management, if it was available.
With no further business, the meeting adjourned at 7:33 p.m.
City Clerk
Council President