CITY OF SALISBURY, MARYLAND
#1 MEETING JANUARY 12, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilman Gary A. Comegys Councilwoman Lavonzella Siggers
Mayor Barrie P. Tilghman
ABSENT
Councilwoman Lynn B. Cathcart
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Fire Chief David See, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, Planning & Zoning Director Jack Lenox, 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.
Mr. Comegys moved and Mr. Day seconded to approve the agenda as presented. Mr. Comegys moved to amend the agenda by deleting Ordinance No. 1891 (budget amendment transferring funds for legal fees from the Mayor’s Office to Building, Housing & Zoning and Public Works), Resolution No. 1059 (Healthway Drive-Silverman project tax deferral request) and the proposed Snow Hill Road-Causey and Carey annexation request. Mr. Day seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF DECEMBER 22, 2003 MINUTES
The December 22, 2003 minutes were unanimously approved upon a motion and a second by Mr. Comegys and Mr. Day, respectively.
AWARD OF BIDS
On a motion by Mr. Comegys and seconded by Mr. Day, the following items were unanimously approved as presented by Director of Procurement and Parking Carol Turner:
1. CRT Basic Package “Crisis Response Telephone”
(102-2105-521.60-12; unbudgeted capital)
Rescue Phone, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,000.00
2. Engineering Services Project Order #5063
Contract Amendment for Water & Sewer - Extension to Stadium & WWCC
(302-3705-537.30-20 {WMWWic}; {302-4190-537.30-20 {SMWWic}
Whitman, Requardt & Associates, LLP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $414,767.00
ORDINANCE NO. 1890 - 2ND READING - AMENDING BOND ORDINANCE FOR WOR-WIC WATER AND SEWER PROJECT
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1890 for second reading. Finance Director John Cawley presented Ordinance No. 1890 amending Ordinance No. 1724 by redesignating excess funds to the Wor-Wic 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 second reading was approved on a 3-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1892 - 1ST READING - HOME REPAIR LIEN AUTHORITY - ADDING ARTICLE XXVIII TO THE SALISBURY MUNICIPAL CODE, CITY TO REPAIR STRUCTURES - ASSESSMENT OF COST
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1892 for first reading. Ordinance No. 1892, as introduced by Building, Housing & Zoning Director William Holland, amends Chapter 15.24, Housing Standards, of the Salisbury Municipal Code by adding Article XXVIII, City to Repair Structures - Assessment of Cost. The Ordinance would enable the City, after proper notice, to make repairs to structures and assess the cost to the owner.
Ms. Siggers believed the Ordinance was too excessive and a roguish way for the City to invade a person’s property. After further discussion, Ordinance No. 1892 for first reading passed on a
3-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1893 - 1ST READING - AMENDING SALISBURY MUNICIPAL CODE TO ESTABLISH WATER RATE SCHEDULE FOR WOR-WIC COMMUNITY COLLEGE
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1893 for first reading. Finance Director John Cawley addressed Ordinance No. 1893 amending Section 13.08 of the Salisbury Municipal Code by establishing the following rate schedule for water service to Wor-Wic Community College:
Block No. Quarterly Charge
1st 300,000 gallons $3.69 per 1,000 gallons
2nd 300,000 gallons $2.15 per 1,000 gallons
All over 600,000 gallons $1.73 per 1,000 gallons
The rates may be amended by Resolution of the Council. Ordinance No. 1894 for first reading passed unanimously.
ORDINANCE NO. 1894 - 1ST READING - REPEALING 2.10.010 OF THE SALISBURY MUNICIPAL CODE - SUPPLEMENTAL DUTIES OF CHIEF OF POLICE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1894 for first reading. Mayor Tilghman presented Ordinance No. 1894 repealing Section 2.10.010 of the Salisbury Municipal Code - Supplemental Duties of the Chief of Police. Mayor Tilghman recommended that it be repealed based on the following conclusions from the City Solicitor:
• Section A violates the Charter and may, under certain circumstances, violate the Law Enforcement Officers’ Bill of Rights;
• Section B violates the prohibition against disclosure of personnel records contained in Section 10-616 of the Maryland State Government Code Annotated;
• Section C may violate Sections 10-611 et seq. of the Maryland State Government Code Annotated to the extent that it would require production of documents not otherwise producible thereunder, and it may raise issues of executive privilege; and
• Section D violates the delegation of powers between the Mayor and the Council as provided for in the Charter.
Ms. Siggers mentioned that on October 28, 2002, in a meeting with the Council, the Mayor indicated that she would have the officers or persons who wanted to speak to the attorney come forward. Ms. Siggers recalled that both the Mayor and City Solicitor spoke contrary to what the law stated and referenced a portion from the Police Department Written Directives regarding civil action, court appearances-subpoenas.
Ordinance No. 1894 for first reading passed on a 3-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1057 - ACCEPTING BLANKETS FROM BROTHERS KEEPER FOR THE SALISBURY FIRE DEPARTMENT
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1057. Fire Chief David See presented Resolution No. 1057 accepting a donation of sixty blankets from Our Brothers Keeper for the Salisbury Fire Department to use on EMS and rescue units and for fire victims at operational events.
Resolution No. 1057 was unanimously approved.
RESOLUTION NO. 1058 - ACCEPTING GIFT OF SCULPTURES FROM URBAN SALISBURY
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1058. Executive Officer John Pick explained that Resolution No. 1057 accepts the gift of four sculptures from Urban Salisbury, Inc., allows Urban Salisbury, Inc. to solicit financial sponsors for these sculptures and future sculptures to be placed in downtown Salisbury, and allows these sponsorships to be acknowledged by placement of a small plaque of appreciation on the sculpture.
Resolution No. 1058 was unanimously approved.
RESOLUTION NO. 1060 - APPROVING MEMORANDUM OF UNDERSTANDING FOR USE OF MOBILE DATA SYSTEM FOR OUTSIDE AGENCIES
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1060. Police Chief Allan Webster presented Resolution No. 1060 providing for a Memorandum of Understanding between the City of Salisbury and allied public safety agencies to allow access to the City of Salisbury’s mobile data network. To date, four agencies (Fruitland, Berlin, Hurlock and Crisfield) have committed to the program.
Resolution No. 1060 passed unanimously.
RESOLUTION NO. 1061 - INCREASING SIZE OF THE SALISBURY ZOO
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1061. Public Works Director John Jacobs addressed Resolution No. 1061 permitting an extension of the perimeter fence of the Zoo Division for the new education animal holding facility.
Resolution No. 1061 was unanimously approved.
RESOLUTION NO. 1062 - TRANSFERRING FUNDS FROM CITY’S CONTINGENCY FOR THE ZOO’S 50TH ANNIVERSARY MARKETING PROGRAM
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1062. Resolution No. 1062, as briefed by Public Works Director John Jacobs, transfers $5,000 from the City’s Contingency to the Zoo Budget Division to be used for marketing the city park activities occurring in 2004.
Resolution No. 1062 was unanimously approved.
RESOLUTION NO. 1063 - TRANSFERRING FUNDS FROM CITY’S CONTINGENCY FOR THE CDBG CONSOLIDATED PLAN
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1063. Mayor Tilghman introduced Resolution No. 1063 transferring $22,750 from the City’s Contingency to the Transfer to Special Revenue Fund to fund the Community Development Block Grant Consolidated Plan, the first Annual Action Plan, and the Analysis of Impediments to Fair Housing as required by HUD.
Resolution No. 1063 was unanimously approved.
RESOLUTION NO. 1064 - REAPPOINTMENTS TO MARINA COMMITTEE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1064. Mayor Tilghman recommended the reappointments of Jane Ellen Mengason and John Cassidy to the Marina Committee, as well as the reappointment of the Committee’s Chair, Mike Murray, who was omitted from the Resolution. Their terms would expire January 2006.
Mr. Day moved to amend Resolution No. 1064 by including Mike Murray for reappointment to the Marina Committee for a term expiring January 2006. Mr. Comegys seconded and the amendment passed unanimously. Resolution No. 1064, as amended, was unanimously approved.
RESOLUTION NO. 1065 - APPOINTMENT TO TRAFFIC AND SAFETY ADVISORY COMMITTEE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1065. Mayor Tilghman recommended the appointment of Paul C. Weber to the Traffic and Safety Advisory Committee for a term ending July 2005.
All voted in favor of Resolution No. 1065 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1066 - AMENDMENT TO EMPLOYEE HANDBOOK - PERSONAL USE OF CELL PHONE POLICY
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1066. Executive Officer John Pick reported that Resolution No. 1066 revises the Employee Handbook to provide for clarification of the cell phone policy to restrict personal use and to provide for payment for personal use.
Resolution No. 1066 passed unanimously.
RESOLUTION NO. 1067 - ESTABLISHING DATE FOR A PUBLIC HEARING - JOHNSON ROAD/JOHNSON’S RETREAT ANNEXATION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1067. Public Works Director John Jacobs presented Resolution No. 1067 proposing to annex 24.6 acres located on the southeasterly side of Johnson Road to be known as the Johnson Road - Johnson’s Retreat Annexation. Upon annexation, the property would be zoned R-10 Residential with plans for a 93-lot single-family development. A public hearing on the proposed annexation will be scheduled for February 23, 2004 and, following a 45-day waiting period, the annexation becomes effective April 8, 2004.
Resolution No. 1067 passed unanimously.
RESOLUTION NO. 1068 - ESTABLISHING DATE FOR A PUBLIC HEARING - THREE CREEKS-CAUSEY PROPERTY ANNEXATION
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1068. Public Works Director John Jacobs introduced Resolution No. 1068 proposing to annex 140 acres located on the northerly side of Naylor Mill Road and the easterly side of Jersey Road to be known as the Three Creeks-Causey Property Annexation. The property, lying within the Paleochannel Overlay District, would be zoned R-10 Residential upon annexation. Development plans include residential development of 360 single-family homes. A public hearing will be scheduled for March 8, 2004 and, following a 45-day waiting period, the annexation becomes effective April 22, 2004.
Resolution No. 1068 passed unanimously.
RESOLUTION NO. 1069 - ESTABLISHING DATE FOR A PUBLIC HEARING - GLEN AVENUE/STEPHENS PROPERTY ANNEXATION
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1069. Public Works Director John Jacobs reported that Resolution No. 1069 proposes to annex a .4 acre parcel located on the southerly side of Glen Avenue and the westerly side of Chelsea Court to be known as the “Glen Avenue-Stephen Property Annexation. Upon annexation, the property would be zoned R-8A Residential. Development plans include a three-unit apartment building as an addition to the Chelsea Court Apartments. A public hearing would be scheduled for
February 23, 2004 and, following the expiration of the 45-day waiting period, the annexation would become effective on April 8, 2004.
Resolution No. 1069 passed unanimously.
PROPOSED ANNEXATION REQUEST - S. SCHUMAKER DRIVE ANNEXATION
Public Works Director John Jacobs provided an introductory briefing on a proposed request to annex 1.5 acres (three properties) located along both sides of S. Schumaker Drive to be known as the South Schumaker Drive-Robertson, Schultz & Brittingham annexation. A zoning classification of R-8 Residential has been requested upon annexation into the City. Two of the properties are improved with single-family homes connected to City water and sewer. Plans for the third property include the construction of a single-family home.
There was a consensus of the Council to move forward with an annexation resolution.
PUBLIC COMMENTS
Mr. James Trader commented on the following issues:
• letter from Carol Turner regarding repairs to parking garage;
• response from Administration to questions from previous meeting;
• curbside eCycling - collected over nine tons last year; and
• recycling program for apartment complexes - need to address due to lack of a private contractor.
With no further business, the meeting adjourned at 7:21 p.m.
City Clerk
Council Vice President