CITY OF SALISBURY, MARYLAND
#14 MEETING JULY 11, 2005
PRESENT
Council President Michael P. Dunn Council Vice President Gary A. Comegys
Councilwoman Deborah S. Campbell Councilwoman Eugenie P. Shields
ABSENT
Councilwoman Lynn B. Cathcart 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, Grants/Special Projects Director Loré Chambers, Public Works Engineer Clay Hall, Procurement Department Buyer Erin Kesler, 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 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.
Council President Dunn reported that Mayor Tilghman was out of town conducting one last wrap-up commitment as outgoing President of the Maryland Municipal League (MML). Mr. Dunn announced that Council Vice President Gary Comegys was elected to the MML Board of Directors during the June Convention in Ocean City.
Mrs. Shields moved and Mrs. Campbell seconded to approve the agenda as presented. Mr. Comegys moved to amend the agenda by removing Ordinance No. 1949, amending Section 10.04.060, charges for parking violations, of the Salisbury Municipal Code. Mrs. Campbell seconded and the vote was unanimous. The agenda, as amended, was unanimously approved.
SPECIAL PRESENTATION
A citation from the Governor was presented to the City of Salisbury by the Lower Shore Tributary Team for installing a living shoreline along the Beaverdam Creek in the Salisbury City Park. Messrs. Jason Dubow and Alan Girard presented the Governor’s citation.
CERTIFICATE OF APPRECIATION
On behalf of Mayor Tilghman, Council President Dunn presented a Certificate of Appreciation to Gillis-Gilkerson Inc. in recognition of their generosity and commitment to the renovation of the City Park Bandstand. A framed print by a local artist, featuring the bandstand and footbridge, was also presented. Mr. Palmer Gillis and Mr. Dwight Miller accepted the certificate and print on behalf of Gillis Gilkerson Inc.
PUBLIC HEARING - JOHNSONS POND FISH PASSAGE
Mr. Rich Tackas (NOAA Restoration Center), along with Mr. Alan Girard (Chesapeake Bay Foundation), provided a presentation on the Johnsons Pond fish ladder/passage project. The project’s cost is estimated at $400,000 with the possibility of securing approximately $200,000 in federal funds toward the project. A two-year time period is anticipated to complete the project.
Comments were received from four individuals supporting the project. One individual recommended looking at the twelve recommendations from a study on Johnsons Pond that was done approximately fifteen years ago by a New Jersey firm. A member of the Wicomico Bassmasters suggested working with the Maryland fisheries to determine the best time to do this project and, if the water had to be lowered to construct this project, that fishing be off limits during that period.
APPROVAL OF JUNE 20, 2005 MINUTES
On a motion and a second by Mrs. Shields and Mr. Comegys, respectively, the June 20, 2005 minutes were unanimously approved.
AWARD OF BIDS
Mr. Comegys moved and Mrs. Shields seconded to approve the Award of Bids. Ms. Erin Kesler presented the following item:
Declaration of surplus - 2002 Crown Victoria . . . . . . . . . . . . . . . . . -0-
The above item was unanimously approved.
ORDINANCE NO. 1947 - 2ND READING - BOND ORDINANCE FOR WWTP
Mr. Comegys moved and Mrs. Campbell seconded to approve Ordinance No. 1947 for second reading. Finance Director John Cawley presented Ordinance No. 1947 approving a bond ordinance in the amount of $49,000,000 for upgrading the Wastewater Treatment Plant. Mr. Cawley anticipated closing to take place within the month.
Ordinance No. 1947 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1948 - 1ST READING - ZONING TEXT AMENDMENT AMENDING SECTIONS 17.148.050D, E AND F, DENSITY, HEIGHT AND PARKING, IN MALLARD LANDING PRD#6
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1948 for first reading. Planning and Zoning Director Jack Lenox introduced Ordinance No. 1948 as a zoning text amendment amending Sections 17.148.050D, E and F, Density, Height and Parking, in the Mallard Landing PRD#6 as follows:
Section 17.148.050D - amends the text to permit ten (10) additional beds in the assisted living facility and twenty (20) additional apartment buildings.
Section 17.148.050E - adds item 3 to read – apartment building near Johnson Road: not to exceed 40 feet.
Section 17.148.050F - adds item 4 to read – apartment building near Johnson Road: no less than a total of one space per unit.
According to Mr. Lenox, the Planning Commission forwarded a favorable recommendation to the Mayor and Council for approval.
No public comments were received. Ordinance No. 1948 for first reading passed unanimously.
RESOLUTION NO. 1270 - APPROVING EXTENSION OF DISPOSITION AGREEMENT FOR FORMER ULMAN THEATER PROPERTY
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1270. City Administrator John Pick presented Resolution No. 1270 granting an additional nine (9) months for the owners (Randolph J. and Anne P. Taylor) of the former Ulman Theater property to establish a garden and outdoor center on the property.
Mr. Taylor pointed out that the Disposition Agreement’s time frame had already expired by the time they finally went to settlement (August 2004). The improvements were to have been completed by June 2004. In order to complete the development of their garden center, Mr. Taylor requested an extension to the spring of 2006.
Mrs. Campbell voiced concern with the way the City disposes of its real estate. She preferred examining the Ulman Theater property more in order for the Taylors to achieve what they want and the City maximizes the return for its citizens. Mrs. Shields, Mr. Comegys and Mr. Dunn expressed their support of the extension and pointed out that the property had been out for bids three times with the Taylors being the only bidder. Mrs. Shields suggested utilizing Parkside High School students to assist with the landscaping as a community service project.
After further discussion, Resolution No. 1270 passed on a 3-1 vote with Mrs. Campbell voting nay.
RESOLUTION NO. 1271 - ACCEPTING DONATIONS FROM VARIOUS SUB-CONTRACTORS ARRANGED THROUGH GILLIS-GILKERSON TOWARD THE RECONSTRUCTION OF THE BANDSTAND
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1271. Resolution No. 1271, as addressed by City Administrator John Pick, accepts the donations from four sub-contractors, arranged through Gillis-Gilkerson, toward the reconstruction of the bandstand in the City Park. B & H Coatings, Marco Supply Co. Inc., Lewis Steel Products Co. Inc. and Brown Glass Co. contributed services in-kind toward the project.
Resolution No. 1271 was unanimously approved.
RESOLUTION NO. 1267 - AUTHORIZING THE DIRECTOR OF PROCUREMENT TO ACT ON BEHALF OF THE CITY IN EXECUTING A CONTRACT FOR ELECTRICITY
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1267. Ms. Erin Kesler presented Resolution No. 1267 authorizing the City’s Director of Procurement to act on behalf of the City in executing a contract for electricity supply. The current contract ends in October 2005.
Resolution No. 1267 was unanimously approved.
RESOLUTION NO. 1268 - AUTHORIZING THE CITY TO NEGOTIATE FOR LEASE PURCHASE AGREEMENT MD051822
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1268. Fire Chief David See explained that Resolution No. 1268 authorizes the negotiation, execution and delivery of a lease purchase agreement, MD051822, in an amount not to exceed $430,000 between the City and Tatonka Capital Corporation. The lease purchase agreement is for an aerial truck (Truck 2) and an American LaFrance Eagle pumper (Engine 210) which were originally purchased by the volunteers at Station #2.
Resolution No. 1268 passed unanimously.
RESOLUTION NO. 1263 - AUTHORIZING THE APPLICATION OF CHAPTER 205 OF THE WICOMICO COUNTY CODE TO TAXICABS OPERATED WITHIN CITY LIMITS
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1263. Police Chief Allan Webster introduced Resolution No. 1263 authorizing the application of Chapter 205 of the Wicomico County Code to taxicabs operated within City limits.
After a brief discussion, Resolution No. 1263 passed unanimously.
ORDINANCE NO. 1950 - 1ST READING - MAKING IT UNLAWFUL FOR AN INDIVIDUAL OR BUSINESS ENTITY TO OPERATE OR PERMIT THE OPERATION OF A TAXICAB WITHIN CITY LIMITS IN VIOLATION OF CHAPTER 205 OF THE WICOMICO COUNTY CODE
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1950 for first reading. Police Chief Allan Webster presented Ordinance No. 1950 adding Chapter 10.48 to the Salisbury Municipal Code. The addition makes it unlawful for an individual or business entity to operate or permit the operation of a taxicab within City limits in violation of Chapter 205 of the Wicomico County Code. Chief Webster explained that this gives the Salisbury Police Department the authority to enforce the taxicab law in the City – no additional fees are being assessed.
After Chief Webster responded to questions from two taxicab owners, Ordinance No. 1950 for first reading passed unanimously.
RESOLUTION NO. 1264 - ACCEPTING 501 E. CHURCH STREET PROPERTY
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1264. Police Chief Allan Webster reported that Resolution No. 1264 accepts the transfer of seized and forfeited real property located at 501 E. Church Street (Zorro property) from the Department of Treasury. The property will be used toward the goals of the Weed and Seed initiative to enhance community policing and revitalization efforts in the designated Weed and Seed area.
Resolution No. 1264 was unanimously approved.
(The Council took a break at 7:21 p.m. and reconvened at 7:26 p.m.)
ORDINANCE NO. 1951 - 1ST READING - APPROVING STREET CLOSURE OF HUSTON TERRACE AND A PORTION OF W. LOCUST STREET
Mr. Comegys moved and Mrs. Shields seconded to approve Ordinance No. 1951 for first reading. Public Works Engineer Clay Hall introduced Ordinance No. 1951 approving the closure of the area designated as W. Locust Street from Waverly Drive to Huston Terrace and Huston Terrace from W. Vine Street to W. Locust Street. Peninsula Regional Medical Center, owners of the parcels abutting the area to be closed, plans to expand its facilities.
Ordinance No. 1951 for first reading passed unanimously.
RESOLUTION NO. 1251 - PUBLIC HEARING - SOUTH DIVISION STREET-HEARNE PROPERTY ANNEXATION
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1251. Public Works Engineer Clay Hall presented Resolution No. 1251 annexing 49.7 acres located on the easterly side of South Division Street and the northerly side of Dykes Road to be known as the South Division Street-Hearne Property Annexation. Upon annexation, Light Business and Institutional zoning will be applied for the area fronting the easterly side of South Division Street and R-8A Residential for the remainder of the properties. Development plans include a retail/professional office space and 468 residential units (condominium or townhouse style units). Upon the expiration of a 45-day waiting period, the annexation would become effective on August 25, 2005.
Mr. Mike Wigley of Davis, Bowen & Friedel provided an overview of the proposed development project. The main entrance would be off of Dykes Road. Mr. Wigley acknowledged that some signalization and improvements would have to occur on Dykes Road.
A discussion ensued concerning access into the development particularly the concern of the commercial space up front becoming an access cut-through point to Division Street. The lack of a traffic study prior to annexation and no affordable housing component were also brought forth as concerns.
City Solicitor Paul Wilber informed the Council that site plan approvals occur at the Planning and Zoning/Planning Commission level. If Council wanted to state their position, Mr. Wilber suggested that the Council send a letter to the Planning Commission recommending that vehicular access not be permitted between the commercial and residential areas.
Highlights of public comments included:
• too many residential units – would generate additional traffic on S. Division Street;
• questioned if signal light would be installed at Snow Hill Road & Robins Avenue;
• concerned with surface condition of Dykes Road;
• City should consider quality control of the homes (ensure homes are developed as proposed);
• impact on schools;
• may need access into the development other than Dykes Road for emergency vehicles;
• impact on deeded right-of-way for Telewire’s business;
• concern with on-site control of storm water and impact on street drainage; and
• impact of total volume of solid waste on City’s existing equipment and pick up routes and recycling program.
After further discussion, Mr. Comegys moved to amend Resolution No. 1251, Exhibit B, Item D - Special Conditions (#2, second sentence) by changing “may” to “shall” be required. Mrs. Shields seconded and the amendment passed unanimously.
Resolution No. 1251, as amended, passed on a 3-1 vote with Mrs. Campbell voting nay.
(The Council took a break at 8:32 p.m. and reconvened at 8:39 p.m.)
RESOLUTION NO. 1265 - ACCEPTING A BENCH FROM THE FAMILY OF ANNE STAUFFER FOR THE SALISBURY URBAN GREENWAY
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1265. Mr. Clay Hall presented Resolution No. 1265 accepting a 72" redwood bench, valued at $1,400, from the family of Anne Stauffer for installation along the Salisbury Urban Greenway.
Resolution No. 1265 passed unanimously.
RESOLUTION NO. 1266 - AUTHORIZING A LIEN WAIVER FOR PROPERTY LOCATED AT 134 DELAWARE AVENUE
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1266. Finance Director John Cawley addressed Resolution No. 1266 authorizing a lien waiver for property located at 134 Delaware Avenue. The property was purchased at tax sale and the owner has agreed to pay $3,950 in outstanding liens against the property (City’s out of pocket cost for the grass cuts and rubbish removal).
Resolution No. 1266 was unanimously approved.
RESOLUTION NO. 1269 - ACCEPTING CSAFE FUNDS
Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1269. Grants/
Special Projects Director Loré Chambers presented Resolution No. 1269 accepting grant funds of $75,693 from the Governor’s Office of Crime Control and Prevention. The funding will be used for the following programs:
School Resource Officer/Wicomico Middle School/Sheriff’s Dept. $35,988
Community Policing/Salisbury Police Department $21,405
Neighborhood Advocate - Lead Coordinator/Mayor’s Office $ 8,000
East Salisbury Elementary School/Summer Program $ 3,000
Wicomico Middle School/WISE After-School Program $ 3,000
Teens On The Go/Grace United Methodist Church $ 3,000
Rehab’s Place/Rehab Services for Prostitutes $ 1,300
Resolution No. 1269 was unanimously approved.
RESOLUTION NO. 1272 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
RESOLUTION NO. 1273 - APPOINTMENT TO BOARD OF ZONING APPEALS
RESOLUTION NO. 1274 - APPOINTMENT TO CITY PARK COMMITTEE
RESOLUTION NO. 1275 - REAPPOINTMENT TO BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution Nos. 1272, 1273, 1274 and 1275. City Administrator John Pick, on behalf of Mayor Tilghman, recommended the following appointments/reappointment:
Resolution No. 1272 Historic District Commission (appointment)
Vaughn Baker to a term ending October 2007
Resolution No. 1273 Board of Zoning Appeals (appointment)
Dave A. Nemazie to a term ending October 2008
Resolution No. 1274 City Park Committee (appointment)
Hendrika M. Layton to a term ending December 2006
Resolution No. 1275 Building Board of Adjustments and Appeals (reappointment)
Tom Hayes to a term ending June 2010
Resolution Nos. 1272, 1273, 1274 and 1275 were unanimously approved.
ANNOUNCEMENT
Council President Dunn announced that the July 25, 2005 meeting had been canceled. The next regular meeting of the Council will be August 8, 2005.
With no further business, the meeting adjourned at 8:45 p.m.
CITY OF SALISBURY
CLOSED SESSION
JULY 13, 2005
TIME & PLACE: 6:06 p.m., Conference Room 305 - City/County Government Office Building
PURPOSE: Consult with legal counsel
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(7)
PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Deborah Campbell, Councilwoman Eugenie Shields, City Clerk Brenda Colegrove, City Administrator John Pick, City Solicitor Paul Wilber, Fire Chief David See
ABSENT: Councilwoman Lynn Cathcart
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At 6:06 p.m. in Conference Room 305 of the City/County Government Office Building, Mr. Comegys moved to convene in closed session to consult with legal counsel concerning a contract with the County as permitted under the Annotated Code of Maryland Section 10-508(a)(7). Mrs. Campbell seconded and the vote was unanimous.
Mr. Wilber rendered a legal opinion on Council’s questions concerning the Fire Service Agreement and a contribution for headquarters fire station. Mr. Pick updated the Council on information he received from the County Administrator.
At 6:18 p.m., on a motion and second by Mr. Comegys and Mrs. Campbell, respectively, the Council adjourned the closed session and reconvened in open session. There was a consensus from the Council to make a capital project request to the County.
CITY OF SALISBURY
CLOSED SESSION
AUGUST 1, 2005
TIME & PLACE: 4:00 p.m., Conference Room 305 - City/County Government Office Building
PURPOSE: Consult with legal counsel on status of property acquisition/
pending litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)(7)(8)
PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Deborah Campbell*, Councilwoman Lynn Cathcart, Assistant City Clerk Mary Church, City Administrator John Pick, Director of Public Works John Jacobs, City Solicitor Paul Wilber
* 4:15 p.m.
ABSENT: Councilwoman Eugenie Shields
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At 4:13 p.m. in Conference Room 300 of the City/County Government Office Building, Mr. Comegys moved to convene in closed session to consult with legal counsel on the status of property acquisition/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.
Mr. Wilber gave a status report on the acquisition of property for a new fire station. No action was taken - briefing only. Mr. Wilber also provided a status report on the City’s efforts in acquiring another property. After a brief discussion, the Council came to a consensus and provided guidance for Mr. Wilber to move forward in the second acquisition.
At 4:27 p.m., Mrs. Cathcart moved to adjourn the closed session. Mrs. Campbell seconded and the vote was unanimous.
City Clerk
Council President