CITY OF SALISBURY, MARYLAND
#12 MEETING JUNE 13, 2005
PRESENT
Council Vice President Gary A. Comegys Councilwoman Deborah S. Campbell
Councilwoman Lynn B. Cathcart Councilwoman Eugenie P. Shields
Mayor Barrie P. Tilghman
ABSENT
Council President Michael P. Dunn
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Solicitor Paul Wilber, Director of Building, Housing & Zoning William Holland, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Grants/Special Projects Director Loré Chambers, Surveyor Clay Hall, Deputy Public Works Director Chip Messick, 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 Vice President Comegys called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Comegys sent best wishes to former Council member Michael Day who suffered a fall and welcomed back Councilwoman Shanie Shields after having surgery.
On a motion by Mrs. Shields and seconded by Mrs. Campbell, the agenda as presented was unanimously approved.
CERTIFICATE OF APPRECIATION RECOGNIZING WAYNE LAUSTSEN
Mayor Tilghman presented a Certificate of Appreciation to Life Scout Wayne Laustsen for constructing a stage on parking lot #10 as part of his Eagle Scout project.
Mayor Tilghman also recognized Scout Max Perim from Troop #115 who was attending the meeting to work on the community part of Eagle Scout rank.
APPROVAL OF MAY 23, 2005 MINUTES
The minutes of May 23, 2005 were unanimously approved upon a motion and a second by Mrs. Shields and Mrs. Cathcart, respectively.
AWARD OF BIDS
Mrs. Cathcart moved and Mrs. Shields seconded to approve the Award of Bids. Ms. Carol Turner, Director of Procurement & Parking, presented the following:
1. Zoo Storage Facility (4000-534311; unbudgeted capital). . . . . . . . . . . . . . . . . . . $1,399.00
Backyard Barns, Inc.
2. Latitude D-Family Notebook (Laptop) & Desktop . . . . . . . . . . . . . . . . . . . . . . . $2,717.78
(4000-577035; over budget)
Dell
3. GIS Software Licenses (81080-577036; unbudgeted capital) . . . . . . . . . . . . . . . .$2,330.00
Spatial Systems Associates, Inc.
4. Wireless Connectivity Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,782.00
(24035-577035, 24035-554406; unbudgeted capital)
Business Information Group
5. GIS Mapping Grade Surveying Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$11,235.50
(31000-577030; 21021-554406; unbudgeted capital)
Keystone Precision Instruments
6. Contract No. 14-05-PEB, Phase I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$77,500.00
Paleo Plant Equalization Basin, Phase I (82075-577030, 86085-577023)
OCR Construction (Dave’s Crane Rental)
7. Contract No. 10-04-NECR(2), Change Order No. 5 . . . . . . . . . . . . . . . . . . . . $122,125.00
N.E. Collector Road, Water Sanitary Sewer & Storm Water Drain
(31151-577021-4000)
David A. Bramble, Inc.
8. Change Order No. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$2,471,117.00
Construction Phase Services for Phase I Expansion & ENR Upgrade for
Salisbury WWTP, 8.5 MGD (86078-513064-55501, 86078-513064-55502,
86078-513064-55503)
O’Brien & Gere Engineers, Inc.
Items 1-8 were unanimously approved.
9. Contract No. 114-05 – North Side & South Side Pumping Station . . . . . . $64,098,000.00
Upgrades
Contract No. 115-05 – Phase I, WWTP Expansion & BNR/ENR Upgrade,
8.5 MGD (86078-577046-55501; 86078-577046-55502; 86078-577046-55503)
Pizzagalli Construction Company
Public Works Director John Jacobs presented and briefed the Council on item #9. Item #9 was unanimously approved.
ORDINANCE No. 1943 - 2ND READING - AMENDING SECTION 15.24.160, PENALTY, OF THE SALISBURY MUNICIPAL CODE TO INCREASE FINES FOR INTERIOR AND EXTERIOR CODE VIOLATIONS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1943 for 2nd reading. Building, Housing & Zoning Director William Holland addressed Ordinance No. 1943 amending Section 15.24.160 of the Salisbury Municipal Code to increase fines for interior and exterior Code violations.
After a brief discussion, Ordinance No. 1943 for second reading passed unanimously.
ORDINANCE NO. 1944 - 2ND READING - CLOSING OF HENRY STREET
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1944 for second reading. Planning & Zoning Director Jack Lenox presented Ordinance No. 1944 authorizing the closure of Henry Street (formerly known as Center Street). The closure will facilitate improved parking and traffic circulation associated with the intended reuse of the building formerly occupied by Service Merchandise.
Ordinance No. 1944 for second reading was unanimously approved.
ORDINANCE NO. 1945 - 2ND READING - AMENDING CHAPTER 2.12, DEPARTMENT OF BUILDING, HOUSING & ZONING, HUMAN RESOURCES DEPARTMENT, OF THE SALISBURY MUNICIPAL CODE TO PROVIDE PROCEDURES FOR THE APPOINTMENT, SUPERVISION AND TERMINATION OF THE DIRECTOR
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Ordinance No. 1945 for second reading. Ordinance No. 1946, as reviewed by City Solicitor Paul Wilber, amends Chapter 2.12, Department of Building, Housing & Zoning, and Chapter 2.20, Human Resources Department, of the Salisbury Municipal Code. This brings all department heads under the same guidelines.
Ordinance No. 1945 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1946 - 1ST READING - AMENDING SECTION 17.32.020, PERMITTED USES IN THE NEIGHBORHOOD BUSINESS DISTRICT, OF THE SALISBURY MUNICIPAL CODE TO PERMIT APARTMENTS ABOVE THE FIRST FLOOR IN THE DISTRICT
Mrs. Campbell moved and Mrs. Cathcart seconded to approve Ordinance No. 1946 for 1st reading. Planning & Zoning Director Jack Lenox introduced Ordinance No. 1946 amending Chapter 17.32.020, Permitted Uses in the Neighborhood Business District. The following language was recommended for an addition to the Code:
S. Apartments above the first floor in accordance with a comprehensive site plan.
No public comments were received. Ordinance No. 1946 for first reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1229 - PEMBERTON DRIVE-SCHNEIDER PROPERTY ANNEXATION
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1229. Mr. Clay Hall briefed the Council on Resolution No. 1229 annexing .55 acres located on the northwesterly side of Pemberton Drive and on the northeast side of Messick Avenue, an unimproved road.. Following a 45-day waiting period, the annexation would become effective July 28, 2005. A zoning of Neighborhood Business was recommended. Plans are to demolish the existing dwelling and construct a 2,550 sq. ft. commercial building that will accommodate one or two suites. Two apartments are planed over the commercial building. The existing commercial office building will stay in place. Ingress and egress is Pemberton Drive and Messick Avenue.
Mr. James Trader questioned who owned the bed of the unimproved street and will the City require an easement to widen Pemberton Drive as part of the process. Mr. Hall believed that Mr. Robert Culver owned the bed of Messick Avenue.
Mr. Michael Schneider, property owner of the proposed annexation, joined Council. It was explained that the County had closed the interior portion of Messick Avenue from his back lot (#18) on back. He will improve the portion of Messick Avenue if Mr. Culver doesn’t utilize the road. It was his understanding that about ten feet of his property will be utilized to widen Pemberton Drive.
Resolution No. 1229 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1236 - GLEN AVENUE-BROWN PROPERTY ANNEXATION
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1236. Mr. Clay Hall summarized Resolution No. 1236 annexing .74 acres located on the southerly side of Glen Avenue. The owner of the property had septic system failure and was required by the Health Department to tie into the City’s system. The recommended zoning upon annexation is R-10 Residential. Upon the expiration of 45 days, the annexation would become effective July 28, 2005.
Mr. Kenneth Holland questioned how much it would cost the property owner to annex. Mayor Tilghman noted that he would be paying the City real estate tax of $564 plus cost for water usage at such time he is connected.
Resolution No. 1236 passed unanimously.
RESOLUTION NO. 1254 - APPROVING TIME EXTENSION FOR PHILMORE DRIVE CLOSURE
Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1254. Mr. Clay Hall introduced Resolution No. 1254 approving the time extension for the Philmore Drive closure. The delay was due to rainy weather in May which hampered construction activities.
Resolution No. 1254 passed unanimously.
RESOLUTION NO. 1255 - ACCEPTING LEAD HAZARD REDUCTION GRANT
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1255. Grants/
Special Projects Director Loré Chambers presented Resolution No. 1255 accepting a grant from the Department of Housing & Community Development’s Federal Lead Hazard Reduction Program. Ms. Deborah Johnson (Corporation for Healthy Homes), Ms. Donna Webster (Health Department) and Ms. Jackie Kamp (Planning & Zoning) joined Ms. Chambers for discussion of the grant. This is an open ended two year grant that was awarded to the City.
After a brief discussion, Resolution No. 1255 was unanimously approved.
RESOLUTION NO. 1256 - ENDORSING REQUEST FOR LEGISLATIVE ACTION BY THE MARYLAND MUNICIPAL LEAGUE
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1256. Mayor Tilghman addressed Resolution No. 1256 endorsing a request for legislative action (electric aggregation) by the Maryland Municipal League.
Resolution No. 1256 was unanimously approved.
RESOLUTION NO. 1257 - REAPPOINTMENTS TO HOUSING BOARD OF ADJUSTMENTS AND APPEALS
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1257. Mayor Tilghman recommended the reappointments of Robert Gladden, Kay Crouch and Dr. Neil Carey to the Housing Board of Adjustments and Appeals for terms ending April 2009.
Resolution No. 1257 was unanimously approved.
RESOLUTION NO. 1258 - REAPPOINTMENT TO CITY PARK COMMITTEE
Mrs. Shields moved and Mrs. Campbell seconded to approve Resolution No. 1258. Mayor Tilghman recommended the reappointment of Tricia Kowalewski to the City Park Committee for a term ending May 2008.
Resolution No. 1258 passed unanimously.
PUBLIC COMMENTS
Mr. James Trader commented on the following issues: 1) status of proposed Ordinance No. 1929; 2) appointment of task force to deal with deterioration of the water supply; 3) traffic study at Rt. 50 and Mill Street; 4) suggested making it a requirement to provide recycling receptacles at the Salisbury Festival or any other city-sponsored event; 5) City needs to consider water conservation program; 6) consider the impact on the solid waste collection system and the extension of the recycling program when annexing property; and 7) suggested a drive-by window with a canopy if having a new building for the City.
ANNOUNCEMENT
Mr. Comegys announced that the next Council meeting will be held on June 20, 2005.
With no further business, the meeting adjourned at 7:29 p.m.
City Clerk
Council Vice President