CITY OF SALISBURY, MARYLAND
#12 MEETING JUNE 21, 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, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Fire Chief David See, 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.
Mayor Tilghman presented a Certificate of Appreciation to Lynne P. Bratten for her outstanding performance as a guidance counselor and being named Maryland High School Guidance Counselor of the Year for 2004.
Mrs. Cathcart moved and Mr. Day seconded to approve the agenda as presented. Mr. Comegys moved and Mr. Day seconded to amend the agenda by adding Resolution No. 1135 (amending Resolution No. 1122, endorsing requests for legislative action by the Maryland Municipal League) and deleting the presentation of the petition opposing the authorization of local governments to adopt a food & beverage tax. After a brief discussion, the amendment passed unanimously. The agenda, as presented, was unanimously approved.
APPROVAL OF JUNE 14, 2004 MINUTES
On a motion and a second by Mrs. Cathcart and Mr. Day, respectively, the June 14, 2004 minutes were unanimously approved.
AWARD OF BIDS
Mr. Comegys moved and Mrs. Cathcart seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Police Substation Building - 650 Fitzwater Street
Salisbury Police Department
2. Dissolved Oxygen Meter (86083-577030 - over budget) . . . . . . . . . . . . . . . . . . .$1,145.00
Fisher Scientific Company
3. 3 Ambulances (27090-558600 - Lease Purchase) . . . .ITEM PULLED BY MS. TURNER
4. Purchase of Parking Lot #13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $130,000
Cavalier Resources
5. Contract No. 18-03-LS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$456,258.00
Robin’s Avenue Lift Station (Account No. 1000006247)
MARCOR Remediation, Inc.
Items #1, 2, 4 and 5 were approved. All voted aye with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1119 - CREATING A TAX INCREMENT FINANCING DISTRICT AND SPECIAL TAX DISTRICT FOR THE SALISBURY MALL PROPERTY
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1119. On the advice of the City’s bond counsel, Mrs. Cathcart moved and Mr. Comegys seconded to amend Resolution No. 1119 to include Exhibit B, signed application relating to The Village at Salisbury Lake Development District, and Exhibit C, map reflecting the boundaries of The Village at Salisbury Lake Development District. All voted in favor of the amendment with the exception of Ms. Siggers’ abstention.
Finance Director John Cawley presented Resolution No. 1119 for third reading and final adoption to create a Tax Increment Financing District and Special Tax District for the Salisbury Mall property. Mr. Jon Natelson, developer for the Salisbury Mall property, clarified that there was no subsidizing by the City for this project – the property owners subsidize the bonds.
Resolution No. 1119, as amended to include Exhibits B and C, was unanimously approved.
ORDINANCE NO. 1907 - 2ND READING - AMENDING FALSE ALARM ORDINANCE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1907 for second reading. Police Chief Allan Webster presented Ordinance No. 1907, amending Chapter 8.04, Alarms of the Salisbury Municipal Code, and reiterated the proposed changes that were reviewed during the first reading of the Ordinance on June 14, 2004.
Ordinance No. 1907 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
PUBLIC HEARING - ORDINANCE NO. 1908 - 1ST 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 first reading. Planning & Zoning Director Jack Lenox, accompanied by Planner Gloria Smith and Mr. and Mrs. Bruce Byrd, introduced 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. The Planning Commission held a public hearing on May 20, 2004 on this issue and forwarded a favorable recommendation to the City Council for approval of the Ordinance Permit.
No public comments were received. Ordinance No. 1908 for 1st reading was unanimously approved.
RESOLUTION NO. 1130 - APPROVING A MEDICAL PHYSICAL APPEALS PROCESS FOR FIREFIGHTERS
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1130. Mr. Comegys moved and Mr. Day seconded to amend Resolution No. 1130 to include an addendum to the Medical Physical Appeals Process Policy clarifying the selection process of personnel appointed to serve on the Medical Review Board. The amendment passed unanimously.
Following a review of the proposed Medical Physical Appeals Process Policy by Fire Chief David See, Resolution No. 1130, as amended to include the addendum, was unanimously approved.
RESOLUTION NO. 1131 - AUTHORIZING FIREFIGHTERS AND PARAMEDICS TO TRANSFER FROM THE MARYLAND RETIREMENT SYSTEM AND THE MARYLAND PENSION SYSTEM TO THE LAW ENFORCEMENT OFFICERS PENSION SYSTEM
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1131. Fire Chief David See addressed Resolution No. 1131 authorizing firefighters and paramedics to transfer from the Maryland Retirement System and the Maryland Pension System to the Law Enforcement Officers Pension System (LEOPS).
Resolution No. 1131 passed unanimously.
RESOLUTION NO. 1132 - TRANSFERRING FUNDS FROM CITY CONTINGENCY TO POLICE DEPARTMENT TO DEMOLISH THE FITZWATER STREET SUBSTATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1132. Police Chief Allan Webster explained that Resolution No. 1132 transfers $10,980 from the City Contingency to the Police Department Miscellaneous Account to demolish city-owned property at 650 Fitzwater Street (formerly used as a police substation). Inspections by LGIT and the Police Department noted major repairs needed to be done (boiler, leaking roof, deteriorating mortar in the brick around the chimney, bricks falling out, boxing around top of building rotting, and casing and window seals rotting around windows and doors). Building, Housing & Zoning inspected the building in October 2003 and declared the building unfit for human occupancy. The building is of no historic value.
Resolution No. 1132 passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1133 - ADOPTING GUIDELINES FOR DOWNTOWN REVOLVING LOAN FUND PROGRAM
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1133. Executive Officer John Pick presented Resolution No. 1133 and provided an overview of the guidelines for the City’s Downtown Revolving Loan Fund. The program has been in place for about twenty years to help in the renewal and redevelopment of the Downtown area.
After discussion, Resolution No. 1133 was unanimously approved.
RESOLUTION NO. 1134 - APPROVING A MEMORANDUM OF AGREEMENT ALLOWING A RIVER TOUR OPERATOR TO UTILIZE THE DOCK ON THE EAST PRONG OF THE RIVER
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1134. Executive Officer John Pick reviewed the Memorandum of Agreement attached to Resolution No. 1134 allowing a river tour operator, Stephen Cole, to utilize the dock on the east prong of the river. Mr. Pick recommended that the following changes be made to the Memorandum of Agreement:
1. Amend Item b to read “Not to erect any permanent sign or any other structure on the premises.”
2. Amend Item e to read “To make no alterations or repairs to the floating dock without prior consent of the City. Whatever alterations or repairs Mr. Cole shall be permitted to make shall be done at Mr. Cole’s own expense.”
3. Amend Item f to read “To provide to the City a Certificate of Insurance naming the City as an additional insured. Such certificate will evidence that Mr. Cole has insurance in amounts agreeable and acceptable to the City.”
Mr. Day moved to amend the Memorandum of Agreement as recommended above by the Executive Officer. Mr. Comegys seconded and the amendment passed unanimously. Resolution No. 1134, with the amended Memorandum of Agreement, was unanimously approved.
RESOLUTION NO. 1135 - AMENDING RESOLUTION NO. 1122, ENDORSING REQUESTS FOR LEGISLATIVE ACTION BY THE MARYLAND MUNICIPAL LEAGUE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1135. Council President Dunn explained that Resolution No. 1135 amends Resolution No. 1122, passed by the Council on May 24, 2004, by withdrawing their endorsement of item b, authorizing local governments to adopt a food & beverage tax.
Resolution No. 1135 was unanimously approved.
SPECIAL PRESENTATION
Mr. James Purnell, Vice President of the Worcester County Commissioners, presented a plaque from the Chesapeake Bay Partner Community to Mayor Tilghman and the City of Salisbury. The City was the recipient of a Gold Award for its commitment to protecting and restoring the Chesapeake Bay and its rivers.
ANNOUNCEMENTS
Council President Dunn announced that effective July 22, 2004, Access 26 will be moving to Channel 14. A City Council work session has been scheduled for Thursday, June 24, 2004, to discuss an Adequate Public Facilities Ordinance, annexations, impact fees and developer reimbursements.
With no further business, the meeting adjourned at 7:40 p.m.
City Clerk
Council President