CITY OF SALISBURY, MARYLAND
#4 MEETING FEBRUARY 28, 2005
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, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Building, Housing & Zoning William Holland, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, IT Director Ray Micciche 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.
Mr. Comegys moved and Mr. Day seconded to approve the agenda as presented. As requested by City Administrator John Pick, Mr. Comegys moved to delete Ordinance No. 1929 (amending Chapter 13.20, Private Water Systems). Mr. Day seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
CERTIFICATES OF APPRECIATION/AWARDS OF EXCELLENCE
Mr. Donnie Drewer, Maryland State Highway Administration, presented Awards of Excellence recognizing the following individuals/organization for their assistance in developing the U.S. 13 @ Church Street Intersection Reconstruction project: Urban Salisbury; Carol Turner; Chip Messick, Susan Holt and Bill Giordano. Mayor Barrie Tilghman presented Certificates of Appreciation on behalf of the City to Urban Salisbury, Tom Becker, Hannah Miller, Susan Holt, Bill Giordano, Chip Messick, Carol Turner and Gary Comegys for their help in bringing the U.S. 13 @ Church Street Intersection Reconstruction project to fruition.
APPROVAL OF FEBRUARY 14, 2005 MINUTES
On a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively, the February 14, 2005 minutes were unanimously approved.
PROCLAMATION
A proclamation was read by Mayor Barrie Tilghman proclaiming March 4, 2005 as “Salisbury Area Chamber of Commerce Day” in the City of Salisbury.
UPDATE ON SALISBURY ZOO’S STRATEGIC PLAN
Public Works Director John Jacobs, Zoo Director Jim Rapp and Zoo Commission Chairman Ron Alessi provided an overview of the Salisbury Zoo’s twenty-year master plan consisting of nine phases at an estimated cost of $18 million.
Mr. Alessi, who has served fifteen years on the Zoo Commission, was recognized for his 65th birthday.
AWARD OF BIDS
Mr. Day moved and Mrs. Cathcart seconded to approve the Award of Bids. Director of Procurement & Parking Carol Turner presented the following item:
1. Ballistic Shields (21021-577030; over budget) . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,784.00
Lawman Supply Company of New Jersey
The above item was unanimously approved.
ORDINANCE NO. 1926 - 2ND READING - AMENDING PROVISIONS OF CHAPTER 2.24, PERSONNEL RULES AND REGULATIONS
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1926 for second reading. City Solicitor Paul Wilber provided a brief overview of Ordinance No. 1926 amending Chapter 2.24, Personnel Rules and Regulations of the Salisbury Municipal Code. The Ordinance removes the City Council as the City Personnel Board, but the Council would still adopt the rules and regulations in the Employee Handbook.
Ordinance No. 1926 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1927 - 2ND READING - AMENDING CLEAN AND LIEN PROVISIONS OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1927 for second reading. City Solicitor Paul Wilber recommended that Section 15.24.1391 be amended to read as follows:
“Property placed on sidewalks, curbs, areas between the sidewalks and curbs, and front yards, shall be considered abandoned property.”
Mr. Wilber explained that Section 15.24.1410 has the language describing the required time period.
Mr. Day moved to amend Section 15.24.1391 as recommended by the City Solicitor. Mr
Comegys seconded the motion. All voted in favor with the exception of Ms. Siggers who abstained.
Mayor Tilghman and Building, Housing & Zoning Director William Holland addressed Ordinance No. 1927 amending Article XXVII, Eviction, Placement of Property, Removal, Assessment of Costs, of the Salisbury Municipal Code, to allow for more expedient removal of abandoned property from sidewalks, curbs and adjoining areas.
Ordinance No. 1927, as amended for second reading, passed unanimously.
ORDINANCE NO. 1928 - 2ND READING - PROVIDING A BALLOT QUESTION TO THE ELECTORATE
Mrs. Cathcart moved and Mr. Day seconded to approve Ordinance No. 1928 for second reading. Council President Dunn presented Ordinance No. 1928 providing the following ballot question to the electorate on the April 5 General Election Ballot:
“Should the City of Salisbury consider eliminating primary elections in the City of Salisbury? Yes or No “
Mr. Day moved and Mr. Comegys seconded to amend Ordinance No. 1928 by changing the question to read:
“Should the City of Salisbury eliminate primary elections in the City of Salisbury? Yes or No”
The amendment passed unanimously. Ordinance No. 1928, as amended, was unanimously approved.
RESOLUTION NO. 1204 - AUTHORIZING THE MAYOR TO SIGN A WIDE AREA NETWORK RESOURCES SHARING AGREEMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1204. Resolution No. 1204, as introduced by IT Director Ray Micciche, authorizes the Mayor to sign an agreement agreeing to share Wide Area Network Resources with Wicomico County and the Wicomico County Board of Education. The three parties would share the base station resources on the towers located on Marine Road, Naylor Mill Road and Long Avenue.
Resolution No. 1204 passed unanimously.
RESOLUTION NO. 1205 - APPROVING NON-BENEFICIAL USE OF WATER POLICY
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1205. Finance Director John Cawley presented Resolution No. 1205 approving a City policy to grant a partial credit to water rate payers when they have experienced an unusually high utility bill due to a leak or other non-beneficial use of water. The amount of the increased consumption must be at least three times the average consumption for accounts with an average of 500,000 gallons or less per quarter or two times the average consumption for accounts with an average consumption of greater than 500,000 gallons.
Resolution No. 1205 was unanimously approved.
RESOLUTION NO. 1206 - ACCEPTING DONATION OF PROPERTY - 617 BAKER STREET
Mr. Comegys moved and Ms. Siggers seconded to approve Resolution No. 1206. Building, Housing & Zoning Director William Holland presented Resolution No. 1206 and recommended that the City accept the donation of property on 617 Baker Street from Mr. Andre Sykes. The structure on the property (apartment building with five dwelling units) was condemned due to a fire which damaged the house to the extent it would not be economically feasible to repair. Upon acceptance of the property, the structure would be demolished and the property turned over to an organization such as Habitat for Humanity or Salisbury Neighborhood Housing Service to build new homes for owner-occupied families.
Resolution No. 1206 passed unanimously.
RESOLUTION NO. 1207 - ACCEPTING GRANT FUNDS FOR “SMOOTH OPERATOR” PROGRAM
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1207. Police Chief Allan Webster introduced Resolution No. 1207 accepting $7,000 in grant funds in cooperation with the Maryland Office of Highway Safety to provide overtime reimbursement to police officers participating in the “Smooth Operator” program.
Resolution No. 1207 was unanimously approved.
RESOLUTION NO. 1208 - ESTABLISHING DATE FOR A PUBLIC HEARING - DELAWARE AVENUE-COBIAN PROPERTY ANNEXATION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1208. Public Works Director John Jacobs provided an overview of Resolution No. 1208 to annex 8.3 acres of property located on the easterly side of West Road to be known as the “Delaware Avenue/Cobian Property Annexation.” Upon annexation the property would be zoned R-5A
Residential with plans to develop a 100 unit garden apartment complex. A public hearing would be scheduled for March 28, 2005 with the annexation becoming effective on May 12, 2005.
Mr. Comegys suggested that a pedestrian way along West Road be considered as part of the development plans.
Resolution No. 1208, establishing the date of March 28, 2005 for a public hearing, was unanimously approved.
RESOLUTION NO. 1209 - APPROVING TEMPORARY ROAD CLOSURE OF TILGHMAN ROAD
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1209. Public Works Director John Jacobs, Public Works Manager Frank Ennis and Mr. Kirk Kinnamon, representing Eastfield LLC, addressed Resolution No. 1209 authorizing a temporary road closure of Tilghman Road. The road closure would facilitate the installation of water and sewer main extensions for the Merritt Mill Condos project (Eastfield).
Resolution No. 1209 was unanimously approved.
RESOLUTION NO. 1210 - ENTERPRISE ZONE ELIGIBILITY - WICOMICO HEATING AND AIR CONDITIONING
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1210. City Administrator John Pick, along with Mr. Victor Disharoon, presented Wicomico Heating and Air Conditioning’s request for Enterprise Zone eligibility. The company had invested more than $50,000 in the property.
Resolution No. 1210 passed unanimously.
RESOLUTION NO. 1211 - ADOPTING A POLICY PROVIDING FOR DEFERRALS OF THE WATER AND SEWER CAPACITY FEE FOR PUBLIC SPONSORED OR AFFORDABLE HOUSING PROJECTS
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1211. Mr. Comegys moved to amend Resolution No. 1211 to delete item #3 in its entirety and insert the following:
“The Director of Public Works shall review any application for such waiver and upon recommendation of the mayor shall be submitted to the City Council for approval by resolution.”
Mr. Day seconded and the amendment passed unanimously.
City Administrator John Pick presented Resolution No. 1211 adopting a policy providing for deferrals of the water and sewer capacity fee for public sponsored or affordable housing projects. Mr. Richard Bearman reported that an affordable housing project for the elderly was being planned and a request for a deferral would be requested from the Council.
Resolution No. 1211, as amended, passed unanimously.
RESOLUTION NO. 1212 - APPOINTMENTS TO TRAFFIC AND SAFETY ADVISORY COMMITTEE
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1212. Mayor Tilghman recommended the appointments of Christopher P. Nunzio for a term expiring July 2006 and John W. Presburg for a term expiring July 2007 to the Traffic and Safety Advisory Committee.
Resolution No. 1212 was unanimously approved.
RESOLUTION NO. 1213 - APPOINTMENT/REAPPOINTMENTS TO BOARD OF ZONING APPEALS
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1213. Mayor Tilghman recommended the following reappointments and appointment to the Board of Zoning Appeals:
Reappointments Appointment
Patricia Layton - term expiring October 2007 Robert Hutchinson - term expiring
Daniel Baker - term expiring October 2007 October 2007
Dave Rainey - term expiring October 2006
Resolution No. 1213 was unanimously approved.
With no further business, the meeting adjourned at 7:41 p.m.
City Clerk
Council President