CITY OF SALISBURY, MARYLAND
#11 MEETING JUNE 14, 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, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, Fire Chief David See, Planning & Zoning Director Jack Lenox, Assistant Treasurer Ken Johanning, Clay Hall, 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.
Comments were received from Mayor Barrie Tilghman, Councilwoman Lynn Cathcart, Councilman Gary Comegys and City Clerk Brenda Colegrove on their trip to Salisbury’s sister city, Salisbury, England, for their Mayor Making Celebration.
Mr. Day moved and Mr. Comegys seconded to approve the agenda as presented. Mr. Comegys moved to delete Resolution No. 1124, establishing a No Parking area on Canal Park Drive. Mrs. Cathcart seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF MAY 24, 2004 MINUTES
On a motion and a second by Mr. Comegys and Mr. Day, respectively, the May 24, 2004 minutes were unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to Patricia A. Adkins for her commitment to improving the learning environment and being named Maryland Vice Principal of the Year. Lynne P. Bratten also received a Certificate of Appreciation for her outstanding
performance as a guidance counselor and being named Maryland High School Guidance Counselor of the Year for 2004. Ms. Bratten was not present to accept the Certificate.
PROCLAMATION PROCLAIMING “AFRICAN-AMERICAN HERITAGE DAY”
Mayor Tilghman read a proclamation proclaiming June 19, 2004 as “African-American Heritage Day” in the City of Salisbury. Ms. Kimberly Dumpson accepted the proclamation in recognition of the Juneteenth celebration.
AWARD OF BIDS
Mr. Comegys moved and Mr. Day seconded to approve the Award of Bids. Director of Procurement and Parking Carol Turner presented the following:
1. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
IBM Typewriter Purchasing Department
2. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Duty weapon Salisbury Police Department
3. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Outdated equipment at Tilghman Fertilizer Bldg.
Salisbury Police Department
4. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Police bicycles Salisbury Police Department
5. Contract No. 112-04. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,000.00
Crack repairs and sealer for parking garage (31154-534301)
Concrete Protection & Restoration, Inc.
6. Contract No. 3-04-BR: REBID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $69,211.90
Mill Street bridge repairs
B & H Coatings
7. Engineering Project Service Order No. 5157 Change Order No. 2 . . . . . . . . . . . $37,500.00
Northeast Collector Road, Phase III
McCrone, Inc.
All voted in favor of the above items with the exception of Ms. Siggers who abstained (not in agreement with item #7).
ORDINANCE NO. 1904 - 2ND READING - APPROVING FY05 BUDGET
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1904 for second reading. Council President Dunn presented Ordinance No. 1904 appropriating $36,014,000 (total of all funds) for the FY05 budget. This was the first year utilizing a program budget. The budget includes a 2.5 cent property tax rate increase as recommended by Mayor Tilghman. The Council agreed to increase the proposed cost-of-living increase from 1.9% to 2.5%, along with the agreed upon 2% pay increase, for a total of 4.5% for City employees.
Mr. Comegys was pleased that LEOPS was able to be funded for the firefighters and paramedics. In his opinion, the budget process went very well. Even though it was a program budget, the line items were available for their use. Mr. Day felt the Council got a lot more done in less time with a program budget. Mrs. Cathcart was proud that they were able to give the City employees a raise, but they were still behind other municipalities. Ms. Siggers believed there was still a bit of fluff in the budget. She agreed with the pay increase for the employees, but did not think the budget overall was a well-done budget.
Highlights of public comments included:
• asked if a revenue cap was in order for the City;
• concern with items cut from the budget that would inform the public – publication of agenda in the newspaper and Citizens Attitude Survey;
• concern with 2.5 cent tax increase (particularly since assessments increased) and 40% increase in sewer fees;
• questioned what the budget would be like if impact fees had been assessed on the annexations that had occurred since this Council had been in office; and
• urged Council to look at the budget line by line and strike any items that could eliminate the tax increase such as health insurance for elected officials.
Mayor Tilghman pointed out the following:
• City would not have been able to avoid a sewer rate increase no matter what would have been charged over the past year for annexations because it is to service the bond debt of $25 million;
• all City residents have Homestead Tax Credit – while assessments may increase for County and State property taxes, City tax bill does not increase; and
• if Council goes forward with impact fees, they will be assessed at the time the building permit is issued.
Ordinance No. 1904 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1118 - AMENDING SEWER RATE SCHEDULE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1118. Executive Officer John Pick introduced Resolution No. 1118 approving a 40% increase in the sewer charges effective July 1, 2004. Mr. Pick noted that it represents approximately a 19% increase on the total utility bill (approximately $8.00 a month for a typical homeowner). The driving force for the increase was the first payment on the debt for the upgrade/expansion of the wastewater treatment plant. Mr. Pick anticipated another increase next year.
After further discussion, Resolution No. 1118 passed on a 4-1 vote with Ms. Siggers voting nay.
PUBLIC HEARING - RESOLUTION NO. 1119 - CREATING A TAX INCREMENT FINANCING DISTRICT AND SPECIAL TAX DISTRICT FOR THE SALISBURY MALL PROPERTY
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1119. Assistant Treasurer Ken Johanning introduced Resolution No. 1119 creating a Tax Increment Financing District (TIF) and a Special Tax District (STD) for the development of the Salisbury Mall property. Ms. Lindsey Rader, bond counsel from Funk & Bolton, provided background information on the creation of the TIF (program for the Village at Salisbury Lake to provide public infrastructure with bonds estimated at $13,800,000) and STD (to be known as The Village at Salisbury Lake Development District for the purpose of levying additional property taxes in the event the tax increment fund is insufficient to cover bond payments) and establishing a special fund to deposit tax increments generated by the development district. Ms. Rader pointed out that the City is not committed until the bonds are actually issued.
(The Council took a break at 7:20 p.m. and reconvened at 7:28 p.m.)
Mr. John Natelson, developer for the project, provided a power point presentation depicting the various proposed components of the project including retail, commercial, restaurants, senior housing, condos, townhouses, garden apartments, parking for the civic center, and possibly a hotel.
Final action on Resolution No. 1119 will take place at the June 21, 2004 Council meeting.
ORDINANCE NO. 1905 - 2ND READING - APPROVING SERVICE AND EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE WICOMICO COUNTY BOARD OF ELECTIONS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1905 for second reading. City Clerk Brenda Colegrove presented Ordinance No. 1905 approving a two-year Service and Equipment Lease Agreement between the City of Salisbury and the Wicomico County Board of Elections for conducting the City’s elections.
Ordinance No. 1905 for second reading passed unanimously.
ORDINANCE NO. 1906 - 1ST READING - CLOSING A PORTION OF PRESTON STREET
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1906 for first reading. Mr. Clay Hall introduced Ordinance No. 1906 proposing to close a ten-foot strip from the curb line of Preston Street to Mr. Donald Baysinger’s property. Mr. Baysinger requested to obtain the footage in order to subdivide the lot. Mr. Hall reported that the Mayor did not recommend approval of the request because it created two small parcels and that the City Council in 1998 disapproved the request.
Mr. Baysinger acknowledged that he owns the property at 500 Priscilla Street. The renter has indicated a desire to be a homeowner and liked the area where she currently resided. In order to build another home, he would need the surplus property to subdivide the lot in accordance with the City’s zoning regulations.
The Council members noted that there was no neighborhood support for this project. Ordinance No. 1906 for first reading failed to pass with all members voting against the Ordinance.
ORDINANCE NO. 1907 - 1ST READING - AMENDING FALSE ALARM ORDINANCE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1907 for first reading. Police Chief Allan Webster introduced Ordinance No. 1907 and highlighted the following proposed changes to Chapter 8.04, Alarms, of the Salisbury Municipal Code:
• 8.04.020 License – Required
Change “police department” in two places in the second sentence of paragraph D to “finance department”.
• 8.04.030 Application for License – Fee
Change the second sentence of the paragraph to read “The applicant shall pay a one time registration fee of $50.00 and may renew their registration, at no cost, prior to expiration each calendar year.”
• 8.04.040, Alarm Companies to Provide List of Users to Police
Omit entire paragraph B.
• 8.04.050 False Alarms – Violations and Penalties
Change the first sentence in paragraph A to read “If, within a calendar year, the police department responds to more than two false alarms at the same location, the following response fees will be charged to the property owner.”
• 8.04.050 False Alarms – Violations and Penalties
Change “within a 12 month period” to “within a calendar year”.
• 8.04.050 False Alarms – Violations and Penalties
Change second sentence of paragraph A to read “Failure to pay said fines with 90 days of notification of the violation will result in a lien on the property until fines are satisfied.”
• 8.04.050 False Alarms – Violations and Penalties
Change first sentence of paragraph D to read “90 days”.
Ordinance No. 1907 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1123 - ACCEPTING GRANT FUNDS TO PROVIDE FOR OVERTIME REIMBURSEMENT TO POLICE OFFICERS PARTICIPATING IN THE “SMOOTH OPERATOR” SAFETY ENFORCEMENT PROGRAM
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1123. Resolution No. 1123, as reviewed by Police Chief Allan Webster, accepts $4,000 in cooperation with the Maryland Office of Highway Safety. The funds provide for overtime reimbursement to police officers participating in a special enforcement program, “Smooth Operator”, to reduce the occurrence of unsafe and unlawful actions of drivers who demonstrate a conscious and willful disregard of traffic safety.
All voted in favor of Resolution No. 1123 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1125 - ACCEPTING AUTOMATIC EXTERNAL DEFIBRILLATOR FROM STATION #1
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1125. Fire Chief David See presented Resolution No. 1125 accepting a donation from Salisbury Fire Department, Inc., Company #1, of one automatic external defibrillator for the Salisbury Fire Department.
Resolution No. 1125 was unanimously approved.
RESOLUTION NO. 1126 - ACCEPTING RESCUE TOOLS AND MISCELLANEOUS EQUIPMENT FROM STATION #16
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1126. Fire Chief David See introduced Resolution No. 1126 accepting a donation from Salisbury Fire Department, Inc., Station #16, of a combination of rescue tools and miscellaneous equipment for the Salisbury Fire Department.
Resolution No. 1126 passed unanimously.
RESOLUTION NO. 1127 - ACCEPTING HURST MAVERICK COMBINATION RESCUE TOOLS FROM STATION #16
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1127. Fire Chief David See presented Resolution No. 1127 accepting a donation from Salisbury Fire Department, Inc., Station 16, of three Hurst Maverick Combination Rescue Tools for the Salisbury Fire Department.
Resolution No. 1127 passed unanimously.
RESOLUTION NO. 1128 - APPOINTMENT OF CITY COUNCIL LIAISON TO WICOMICO COUNTY LIBRARY BOARD OF TRUSTEES
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1128. Mayor Tilghman recommended the appointment of Lynn Cathcart to serve as the City Council liaison on the Wicomico County Library Board of Trustees for a term ending May 2007.
All voted in favor of Resolution No. 1128 with the exception of Mrs. Cathcart who abstained.
RESOLUTION NO. 1129 - APPOINTMENTS TO CITY PARK COMMITTEE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1129. Mayor Tilghman recommended the following appointments to the City Park Committee:
Name Term Ending
Tricia Kowalewski May 2005
Robert Culver May 2006
John Swanson May 2007
Resolution No. 1129 passed unanimously.
With no further business, the meeting adjourned at 8:15 p.m.
City Clerk
Council President