CITY OF SALISBURY, MARYLAND
#22 MEETING NOVEMBER 22, 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
Records Admin./Asst. City Clerk Mary Church, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Grants/Special Projects Director Loré Chambers, Fire Chief David See, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The Council met in regular session at 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. On a motion by Mr. Comegys and seconded by Mr. Day, the agenda was unanimously approved as presented.
APPROVAL OF NOVEMBER 8, 2004 MINUTES
The November 8, 2004 minutes were unanimously approved upon a motion and a second by Mr. Day and Mr. Comegys, respectively.
INTRODUCTION
Mr. Dunn introduced Alison Blevins as the new person from PAC14 who will broadcast City Council meetings.
AWARD OF BIDS
Mr. Day moved and Mr. Comegys seconded to approve the Award of Bids. Director of Procurement & Parking Carol Turner presented the following items:
1. Declaration of surplus, Printer and Horse Trailer..........................................-0-
2. Root Saw (86085-577030: Unbudgeted)
Mid Atlantic Waste System.....................................................................$1,265.71
3. Water Meters (82076-577029: Over Budget)
Hughes Supply.......................................................................................$7,239.00
4. Change Order No. 5, Purchase Norder No. 202283
Final Design for Phase I Expansion and Advanced BNR
Upgrade for Salisbury WWTP, 8.5 MGD
O’Brien & Gere Engineers, Inc..........................................................$205,513.00
5. Contract No. 21-03-S&W: Rebid, Change Order No. 4-21
Water & Sewer Mains to Perdue Stadium and WorWic Community College
Various Accounts
American Paving Corporation...........................................................$289,086.14
Mr. Comegys questioned the practices of work and pricing for the bid overrun on Item 5. Deputy Public Works Director Chip Messick stated that he had authorized the extra work to be done. Mrs. Cathcart mentioned that she did not understand how there could be so much money needed above the original bid without coming before the council with the request.
Mr. Joe Sowinsky noted that they had gone back to the contractor, but he was unwilling to discount the quote. The other bids were in the area of $20 to $25 a cubic yard of material. The contractor had stayed with the $20 per cubic yard even though gasoline and materials had risen in price.
After further discussion, items 1-4 were unanimously approved. Mr. Comegys moved and Mrs. Cathcart seconded to amend Item #5, Change Order No. 4-21, by changing the total amount to $189,086.14. The vote was unanimous.
ORDINANCE NO. 1914 - 2ND READING - BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR PURCHASING TURNOUT GEAR
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1914 for second reading. Fire Chief David See presented Ordinance No. 1914 amending the FY05 General Fund budget to provide for the deposit of monies ($14,500) generated by the sale of a surplus Fire Department vehicle for use to purchase personal protective equipment (turnout gear).
Without further discussion, Ordinance 1914 for second reading passed unanimously.
ORDINANCE NO. 1915 - 2ND READING - AMENDING SECTION 12.32.020 OF THE SALISBURY MUNICIPAL CODE TO ALLOW WEST MAIN STREET FROM MARKET STREET TO DIVISION STREET TO REMAIN OPEN AS A STREET
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1915 for second reading.
Mr. Mike Wigley, representing Urban Salisbury, recommended that the Plaza remain open to vehicular traffic, improvements of street scapes along the river, maintain the Plaza as an attraction for visitors, reverse the traffic flow on the Plaza, and improve the gateways (collection points) into the city.
Mr. Day moved to amend Ordinance No. 1915, paragraph A, by deleting the phrase “with a report submitted by the Office of the Mayor to the City Council no later than November 1st on an annual basis” and to insert a phrase at the end of the sentence to read “and shall remain open as a street as it exists as of November 22, 2004". The paragrah would read as follows:
“West Main Street from Market Street to Division Street shall be reopened as a street for an indefinite period beginning December 1, 2001 and shall remain open as a street as it exists as of November 22, 2004.”
Mr. Comegys seconded. The amendment passed on a 4-1 vote (Ms. Siggers nay). After further discussion, Ordinance No. 1915, as amended for second reading, passed with all voting in favor with the exception of Ms. Siggers abstention.
ORDINANCE NO. 1916 - 2ND READING - AMENDING PROVISIONS IN CHAPTER 17.52, ARTICLE II HISTORIC DISTRICT COMMISSION, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1916 for second reading. City Solicitor Paul Wilber presented the proposed amendments to Chapter 17.52, Article II Historic District Commission, to bring it into compliance with State law.
With no further discussion, Ordinance No. 1916 for second reading was unanimously approved.
ORDINANCE NO. 1917 - 2ND READING - AMENDING CHAPTER 2.04, ETHICS, OF THE SALISBURY MUNICIPAL CODE
Mr. Day moved and Mr. Comegys seconded to approve Ordinance No. 1917 for second reading. City Solicitor Paul Wilber presented Ordinance No. 1917 amending Chapter 2.04, Ethics, of the Salisbury Municipal Code to increase membership from three to five members with staggered terms, requiring members to reside in the City and to clarify the direct financial impact versus indirect financial impact.
Ordinance No. 1917 for second reading passed unanimously.
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.
Director of Public Works John Jacobs presented Ordinance No. 1918 establishing a new section to the Salisbury Municipal Code for extending water and sewer services.
Basic highlights of extension policy:
• Cost change from property frontage to flow based calculations;
• Growth will pay for growth through a capacity fee;
• Bank changes from City to developers;
• Mayor/Council may discount to give incentive to develop/redevelop in the City;
• Pre-annexation and annexation charges to be paid no later than occupancy.
Highlights of concerns:
• Central system line fee does not include redevelopment;
• There should be designated areas with some discounts from the City/Council;
• To get preliminary approval from Planning & Zoning, large amounts of money have already been spent;
• Should have some type of grandfathering or sunset provisions;
• Could out price development and cause annexations to stop;
• Some people could feel discriminated against by the discounts or fee structure.
After discussion, Ms. Siggers moved and Mrs. Cathcart seconded to postpone voting on Ordinance No. 1918 until the next council meeting. The Council voted unanimously for a postponement.
ORDINANCE NO. 1919 - 1ST 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 first reading. Director of Public Works John Jacobs introduced Ordinance No. 1919, abandonment of a right-of-way on a portion of First Street. It is a vacant unimproved area, one of five paper streets owned by the City.
Mr. Mitch Wyatt stated that there would not be any impact to the community. He will make it a visually appealing area with plants and shrubs.
After discussion, all voted in favor of Ordinance No. 1919 for first reading with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1168 - ACCEPTING GRANTS FOR THE SALISBURY ZOO FROM THE COMMUNITY FOUNDATION, AN ANONYMOUS DONOR AND THE ZOO COMMISSION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1168. Director of Public Works John Jacobs introduced Resolution No. 1168 accepting grants from the Community Foundation of the Eastern Shore of $6,200 for strategic planning sessions, $22,400 from an anonymous donor for veterinarian equipment and the Zoo Commission for $1,554 for the animal education holding facility. Mr. Jacobs mentioned that the Zoo Commission is going to purchase a 10x16 foot shed for storage of equipment. The shed will be donated to the City.
Resolution No. 1168 passed unanimously.
RESOLUTION NO. 1169 - ESTABLISHING RESIDENTIAL PERMIT PARKING ON PENNSYLVANIA AVENUE
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1169. Director of Procurement & Parking Carol Turner presented Resolution No. 1169 to establish residential permit parking on the North side of Pennsylvania Avenue.
Resolution No. 1169 passed unanimously.
RESOLUTION NO. 1170 - RESOLUTION OF SUPPORT - GRANT FOR HISTORICAL DISTRICT COMMISSION DESIGN GUIDELINES CONSULTANT
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1170. Grants/Special Projects Director Loré Chambers presented her request for support to ask for a matching grant from the Maryland Historical Trust to cover the design guidelines consultant for the three historic districts in the City. The guidelines would be for the people who need maintenance and repairs on their homes. The grant would be for $50,000, of which $4,000 would be from in-kind service by a liaison, and $21,000 in-cash match from the City would be in the 2006 budget.
Resolution No. 1170 passed unanimously.
RESOLUTION NO. 1171 - EXPRESSING CITY COUNCIL’S SUPPORT OF A TAX DIFFERENTIAL AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR A TAX DIFFERENTIAL
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1171. Director of Finance John Cawley presented the request for a tax differential from Wicomico County.
After discussion, Resolution No. 1171 passed unanimously.
GRANTING APPROVAL FOR THE EXECUTIVE DIRECTOR OF URBAN SALISBURY TO RECEIVE HEALTH BENEFITS THROUGH THE CITY
Mr. Comegys moved and Mrs. Cathcart seconded to approve the Executive Director of Urban Salisbury to receive health benefits. City Administrator John Pick presented the request that Ms. Brynne Hayes be granted approval for health benefits, after she has undergone a thorough physical with no disqualifying conditions, through the City.
After discussion, the approval was granted. All voted in favor with the exception of Ms. Siggers who abstained.
With no further business, the meeting adjourned at 8:15 p.m.
Assistant City Clerk
Council President