CITY OF SALISBURY, MARYLAND
#9 MEETING APRIL 25, 2005
PRESENT
Council President Michael P. Dunn Council Vice President Gary A. Comegys
Councilwoman Deborah S. Campbell Councilwoman Lynn B. Cathcart
Councilwoman Eugenie P. Shields Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, 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.
Mrs. Cathcart moved and Mrs. Shields seconded to approve the agenda as presented. Mr. Comegys moved to amend the agenda as follows:
• delete Resolution No. 1231 - granting a 90 day extension of the study and negotiation period for a disposition agreement with Palmer Gillis and Tony Gilkerson on the development of Parking Lot #1; and
• add Resolution No. 1234 - accepting the donation of $3,000 from the Salisbury Area Chamber of Commerce to the Salisbury Police Department.
Mrs. Cathcart seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
PRESENTATION
Mr. Tom Hehman, Director of the Wicomico County Library, provided a brief overview of the Library’s new Long Range Plan and the new statewide library card.
APPROVAL OF APRIL 18, 2005 MINUTES
On a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the minutes of
April 18, 2005 were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Police Forfeited Vehicles
2. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Parking Lot #12
3. Change Order No. 3, PO#2050249 (84080-513020) . . . . . . . . . . . . . . . . . . . . . $17,130.00
Hill International
4. Change Order No. 7, Project Order No. 5227 . . . . . . . . . . . . . . . . . . . . . . . . . . $47,816.00
Phase I Expansion & ENR Upgrade for WWTP (86078-513020-55007)
O’Brien & Gere Engineers, Inc.
5. Contract No. 111-05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$790,114.00
Triple Combination Pumpers (31178-577025-48003)
Pierce Manufacturing
6. RFP #3-05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,900,242.00
Construction Management Services for Phase I WWTP Expansion & ENR Upgrade
(84080-513020)
Construction Dynamics Group (CDG)
The above items were unanimously approved.
ORDINANCE NO. 1934 - 2ND READING - AMENDING ORDINANCE NO. 1898 TO REDESIGNATE FUNDS FROM THE AERIAL LADDER TRUCK TO THE PURCHASE OF TWO FIRE ENGINES
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1934 for second reading. Finance Director John Cawley and Fire Chief David See presented Ordinance No. 1934 amending Ordinance No. 1898 to redesignate $750,000 in bond funds from the fire aerial ladder truck to the purchase of two fire engines.
Ordinance No. 1934 for second reading passed unanimously.
ORDINANCE NO. 1935 - 2ND READING - FY05 BUDGET AMENDMENT APPROPRIATING UNBUDGETED SURPLUS EMS FUNDS TO PURCHASE FIRE APPARATUS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1935 for second reading. Ordinance No. 1935, as presented by Finance Director John Cawley and Fire Chief David See, amends the FY05 EMS budget to provide for the additional funds ($40,000) needed to purchase two triple-combination pump trucks being purchased by the Fire Department through redesignation of bond proceeds.
Ordinance No. 1935 for second reading passed unanimously.
ORDINANCE NO. 1936 - 2ND READING - REZONING AND TEXT AMENDMENT - REZONING GENERAL COMMERCIAL DISTRICT TO RIVERFRONT REDEVELOP-
MENT MULTI-USE DISTRICT - LAKE STREET AND WICOMICO RIVER AND TEXT AMENDMENTS - RIVERFRONT REDEVELOPMENT MULTI-USE DISTRICT AND PARKING STANDARDS IN THE RIVERFRONT REDEVELOPMENT MULTI-USE DISTRICT AND THE CENTRAL BUSINESS DISTRICT
Mrs. Shields moved and Mr. Comegys seconded to approve Ordinance No. 1936 for second reading. Planning & Zoning Director Jack Lenox addressed Ordinance No. 1936 which includes a rezoning of property located on the northerly side of U.S. Route 50, the easterly side of Lake Street and the westerly side of the Wicomico River from General Commercial to Riverfront Redevelopment District and text amendments to Sections 17.104, 17.168 and 17.196 to amend the Riverfront Redevelopment Multi-Use District to create District #1 and District #2 and amend the parking standards relative to the Riverfront Redevelopment Multi-Use District and the Central Business District. Based on the comments received at the public hearing, Mr. Lenox recommended the following changes to Ordinance No. 1936:
• Page 5 - delete reference to “governmental uses” in its entirety;
• Page 8 - clarify the referenced “density” as “residential”; and
• Page 10, Section b - modify to provide that “the Board may require a party to provide any expert review and advise, on the record...”.
Mr. Klaus Trepczyk voiced his concerns and expressed his desire that the present zoning for the north prong remain. After further discussion, Mrs. Shields moved and Mrs. Cathcart seconded to amend Ordinance No. 1936 for second reading to incorporate the recommended changes as presented by Mr. Lenox. The amendment passed unanimously. Ordinance No. 1936 for second reading was unanimously approved.
ORDINANCE NO. 1937 - 1ST READING - PROPOSED FY06 BUDGET AND SETTING THE DATE FOR A PUBLIC HEARING
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1937 for first reading. Mayor Tilghman introduced the proposed FY06 $44,367,000 budget and highlighted some of the funded programs which addresses the goals established by the Mayor and Council. A public hearing on the proposed budget will be held on May 9, 2005.
Ordinance No. 1937 for first reading passed unanimously.
RESOLUTION NO. 1228 - ADOPTING THE FY2006 - FY2010 CAPITAL IMPROVEMENT PLAN
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1228. City Administrator John Pick introduced Resolution No. 1228 adopting a Capital Improvement Plan
(CIP) for the five year period FY06-FY10 and briefly described several of the projects included in the Plan. Mr. Pick noted that adoption of the CIP does not authorize any project nor appropriate any money.
Mrs. Campbell moved to postpone Resolution No. 1228 to the next Council meeting in order to have an opportunity to ask questions about several items in the CIP. The motion died for lack of a second. All voted in favor of Resolution No. 1228 with the exception of Mrs. Campbell’s nay vote.
RESOLUTION NO. 1229 - ESTABLISHING DATE FOR A PUBLIC HEARING - PEMBERTON DRIVE-SCHNEIDER PROPERTY ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1229. Public Works Director John Jacobs, along with property owner Mike Schneider, presented Resolution No. 1229 proposing to annex .55 acres located on the northwesterly side of Pemberton Drive. Upon annexation, the property would be zoned Neighborhood Business. Development plans include demolishing the existing old dwelling and constructing a building with commercial space on the first floor and high-end apartments on the second floor. The existing commercial office building would remain. A public hearing will be held on June 13, 2005 and, subject to a 45-day waiting period, the annexation would become effective on July 28, 2005.
Resolution No. 1229 passed unanimously.
RESOLUTION NO. 1230 - AUTHORIZING THE TEMPORARY CLOSURE OF PHILMORE DRIVE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1230. Public Works Director John Jacobs introduced Resolution No. 1230 authorizing a temporary road closure of Philmore Drive for a period not to exceed thirty-seven calendar days for reconstruction of the street.
Resolution No. 1230 was unanimously approved.
RESOLUTION NO. 1232 - APPOINTMENT TO MARINA COMMITTEE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1232. City Administrator presented Mayor Tilghman’s recommendation to appoint Lisa Seldomridge to the Marina Committee for a term expiring January 2007.
Resolution No. 1232 passed unanimously.
RESOLUTION NO. 1233 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1233. City Administrator John Pick presented the Mayor’s recommendation to appoint Jacqueline Cassidy to the Historic District Commission for a term expiring September 2006.
Resolution No. 1233 was unanimously approved.
RESOLUTION NO. 1234 - ACCEPTING DONATION FROM THE SALISBURY AREA CHAMBER OF COMMERCE TO THE SALISBURY POLICE DEPARTMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1234. Police Chief Allan Webster introduced Resolution No. 1234 accepting the donation of $3,000 from the Salisbury Area Chamber of Commerce to the Salisbury Police Department for purchasing wireless video surveillance equipment to monitor certain areas of the Salisbury Festival.
Resolution No. 1234 passed unanimously.
At 7:27 p.m., Mr. Comegys moved and Mrs. Cathcart seconded to convene in Closed Executive Session to consult with legal counsel regarding the acquisition of property/pending litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7)(8). The vote was unanimous.
CITY OF SALISBURY, MARYLAND
CLOSED SESSION
APRIL 25, 2005
TIME & PLACE: 7:27 p.m., Council Chambers (Room 301) - City/County Government Office Building
PURPOSE: Consult with legal counsel on the acquisition of property/pending litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(8)
PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Deborah Campbell, Councilwoman Lynn Cathcart, Councilwoman Eugenie Shields, City Clerk Brenda Colegrove, City Administrator John Pick, City Solicitor Paul Wilber
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At 7:27 p.m., in Council Chambers, Mr. Comegys moved to convene in Closed Executive Session to consult with legal counsel regarding the acquisition of property/pending litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7)(8). Mrs. Cathcart seconded and the vote was unanimous.
City Solicitor Paul Wilber provided an update on the progress in acquiring the two properties. This was a status report only; no action was taken.
At 7:45 p.m., upon a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the closed session adjourned.
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City Clerk
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Council President