CITY OF SALISBURY, MARYLAND
#13 MEETING JULY 12, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers
ABSENT
Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, ICMA-CM, City Solicitor Paul Wilber, 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 met in regular session at 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order and made the following announcements: 1) Access 26 will become PAC 14 on midnight of July 22, 2004; 2) death of Mayor Tilghman’s father, Casey Parsons; and 3) Council to convene in closed session immediately following the regular meeting.
The Lord's Prayer and the Pledge of Allegiance were recited. On a motion by Mr. Comegys and seconded by Mr. Day, the agenda as presented was unanimously approved.
APPROVAL OF JUNE 21, 2004 MINUTES
The June 21, 2004 minutes were unanimously approved upon a motion and a second by Mr. Day and Mr. Comegys, respectively.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Comegys seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Four (4) microphones
2. Award of surplus property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$500.00
1978 F800 Ford Tractor
John B. Coleman
3. Contract No. A-7-04, Change Order No. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,253.00
Curb, Gutter and Sidewalk (10500-577024-29011)
Malone & Phillips
4. Autocad software . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,155.60
(81080-546029; unbudgeted capital outlay)
DLT Solutions
5. Contract No. 19-03-BR, Change Order No. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . $14,877.00
Snow Hill Road bridge repairs (31000-534305)
B & H Coatings, Inc.
6. Contract No. 116-04 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$409,926.00
Three (3) ambulances (27090-558600; lease/purchase)
Potomac Fire Equipment Company
The above items were unanimously approved.
ORDINANCE NO. 1908 - 2ND READING - ORDINANCE PERMIT TO OPERATE A DAY CARE CENTER AT 220 PHILLIP MORRIS DRIVE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1908 for second reading. Planning & Zoning Director Jack Lenox presented Ordinance No. 1908 authorizing Bruce Byrd to operate a day care center for twenty children at 220 Phillip Morris Drive in a Light Business and Institutional District.
Ordinance No. 1908 for second reading was unanimously approved.
ORDINANCE 1909 - 1ST READING - AMENDING CHAPTER 2.16, FIRE DEPARTMENT, OF THE SALISBURY MUNICIPAL CODE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1909 for first reading. Fire Chief David See provided an overview of the proposed changes to Chapter 2.16, Fire Department, of the Salisbury Municipal Code. The new provisions define the organizational structure (career and volunteer) and roles/responsibilities of department personnel, as well as providing an avenue for resolving internal conflicts adversely impacting public safety.
Council President Dunn announced that a public hearing on Ordinance No. 1909 would be held at the next Council meeting, July 26, 2004. He suggested that concerns and/or suggestions be submitted in writing to the City Clerk for dissemination to the Council.
After discussion, Ordinance No. 1909 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1136 - RECLASSIFYING THREE FIRE CAPTAIN POSITIONS TO FIRE LIEUTENANT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1136. Fire Chief David See explained that Resolution No. 1136 authorizes the reclassification of three positions of Fire Captain to the position of Fire Lieutenant which will realign supervisory positions to more accurately reflect operational responsibilities.
Resolution No. 1136 passed unanimously.
RESOLUTION NO. 1124 - ESTABLISHING A NO PARKING AREA ON CANAL PARK DRIVE
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1124. Police Chief Allan Webster introduced Resolution No. 1124 restricting parking on the south side of Canal Park Drive between the parking lot entrances of the eastern most building of complex G #228 of Canal Woods. This will address the safety concerns for pedestrians and motorists in the high volume of traffic area near the swimming pool.
Resolution No. 1124 was unanimously approved.
RESOLUTION NO. 1137 - ACCEPTING GRANT FUNDS FOR A SPECIAL SCHOOL BUS SAFETY PROGRAM
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1137. Resolution No. 1137, as addressed by Police Chief Allan Webster, accepts $4,000 in grant funds, in cooperation with the Department of State Police, to provide for overtime reimbursement to police officers participating in a special school bus safety program. The overtime funds will allow increased police presence to reduce the number of vehicles that illegally pass school buses on the roadways.
Resolution No. 1137 passed unanimously.
RESOLUTION NO. 1138 - APPROVING A WAIVER OF BUILDING, HOUSING AND ZONING LIENS
Since Council President Dunn recused himself from participating in the discussion of Resolution No. 1138, Council Vice President Michael Day conducted the meeting on this item. Mr. Dunn’s father is a business partner with Don Hughes on this property.
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1138. City Solicitor Paul Wilber explained that Resolution No. 1138 accepts Mr. Don Hughes’ offer of $11,400.00 as a partial payment of the total outstanding taxes, water bills and liens against 801-803 W. Main Street ($11,629.31) and 805 W. Main Street ($14,538.15), and agrees to the waiver of the balance of the outstanding liens and the issuance of a tax sale certificate by Wicomico County based upon the following priority of distribution of the $11,400.00 payment:
1. City real estate and water bills;
2. Wicomico County real estate taxes and tax sale cost; and
3. City grass cutting, board ups, demolition and asbestos removal liens.
During discussion, the following comments and questions were voiced:
• questioned if other individuals would follow suit to pursue a waiver of liens;
• disturbing situation, particularly if there are other properties with liens that may exceed the value of the property;
• suggested obtaining an appraisal on the properties;
• believed liens had become a tool for confiscating property, particularly for those most vulnerable;
• questioned how many years the grass cut and board up liens represented;
• questioned if there were any other avenues to collect the monies; and
• questioned how much was actual cost for the City and how much was interest; and
• purchase of property would improve the quality of life in the area.
Mr. Comegys moved to postpone Resolution No. 1138 until the next Council meeting in order to address the issues that had been expressed. Mrs. Cathcart seconded and the vote was unanimous.
(Council President Dunn presided over the balance of the meeting.)
RESOLUTION NO. 1139 - APPROVING THE EIGHTH AMENDED AND RESTATED LOCAL GOVERNMENT INSURANCE TRUST AGREEMENT
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1139. Executive Officer John Pick presented Resolution No. 1139 approving the Eighth Amended and Restated Local Government Insurance Trust Agreement. The changes to the Agreement were necessitated by issues arising from the closure of the Health Benefits Pool.
Resolution No. 1139 passed on a 4-1 vote with Ms. Siggers voting nay.
PUBLIC COMMENTS
Mr. James Trader encouraged Council members to attend the concerts in the City Park, submitted a July 22, 1924 newspaper article referencing a Salisbury Municipal Band and Band Commission, questioned who owned City sidewalks, questioned why water meters were put in the middle of the concrete slabs, mentioned Delaware’s program for administering fire and emergency services, and mentioned that he had suggestions for the Traffic Commission.
Ms. Ashley Oakley commented on the condition of the buildings in the vicinity of the Rt. 13 and the Rt. 50 intersection, need for a bus system, and the smell in the Pemberton Manor area.
With no further business, the meeting adjourned at 7:23 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JULY 12, 2004
TIME & PLACE: 7:26 p.m., Council Chambers (Room 301) City/County Government Building
PURPOSE: Discuss a proposal for a business/industrial organization to locate in Salisbury
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(4)
PRESENT: Council President Michael Dunn, Council Vice President Michael Day, Councilwoman Lynn Cathcart, Councilman Gary Comegys, Councilwoman Lavonzella Siggers, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, SWED Director Dave Ryan
Mr. Comegys moved to convene in closed session as permitted under the Annotated Code of Maryland Section 10-508(a)(4) to discuss a proposal for a business/industrial organization to locate in Salisbury. Mr. Day seconded and the vote was unanimous. Mr. Dave Ryan, Director of SWED, provided an overview of the proposal and requested consideration of expanding the Enterprise Zone. A consensus was reached to move forward with the preparation of a Resolution for expansion of the Enterprise Zone.
At 7:47 p.m., upon a motion and a second by Ms. Siggers and Mrs. Cathcart, respectively, the closed session adjourned.
City Clerk
Council President