CITY OF SALISBURY, MARYLAND
#13 MEETING June 20, 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 Major Barrie P. Tilghman
IN ATTENDANCE
Records Admin./Asst. City Clerk Mary Church, City Administrator John Pick, ICMA-CM, Asst. City Solicitor Chris Mason, Fire Chief David See, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, Building, Housing & Zoning Director William Holland 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 was repeated and the Pledge of Allegiance was recited.
Mrs. Shields moved and Mr. Comegys seconded to approve the agenda as presented. Mrs. Campbell moved and Mrs. Cathcart seconded to amend the agenda by removing the Public Hearing on Johnsons Pond fish passage (NOAA Restoration Center). The amendment passed unanimously. The agenda, as amended, passed unanimously.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation recognizing Mary Seemann for receiving Wicomico County’s “Hospitality Person of the Year” award and Michael Day for receiving “Tourism Person of the Year” award.
Mayor Tilghman presented Certificates of Appreciation to the Parkside High School Lacrosse Team for winning the 2A/1A State Championship. Mayor Tilghman also recognized the Salisbury University Lacrosse Team for winning their third straight NCAA Division III National Championship.
APPROVAL OF JUNE 13, 2005 MINUTES
The June 13, 2005 minutes were unanimously approved upon a motion and a second by Mrs. Shields and Mrs. Cathcart, respectively.
AWARD OF BIDS
Mrs. Shields moved and Mrs. Cathcart seconded to approve the Award of Bids. Director of Procurement & Parking Carol Turner presented the following items:
1. Declaration of Surplus
Electric Fire Hose Dryer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Replacement Computer Server (24035-577035)
F. F. Dickerson. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,144.08
3. Flag Pole (24035-577020)
F. W. Hazel Company, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,830.00
4. Replacement Vehicle for Police Department (21021-577025)
Hertrich Fleet Services, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $23,741.00
5. Waverly Drive Storm Drain Engineering Services
Phase I-Hydraulic Study and Cost Analysis (31000-51320)
Davis Bowen & Friedel, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$124,330.00
6. Contract No. 14-05-PEB, Phases II & III
(82075-577030; 36085-577023)
OCR Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $213,600.00
7. Request for Proposals #10-05
Engineering Services for Replacing/Upgrading
3 Existing Sewage Pump Stations (84080-513020)
O’Brien & Gere Engineers, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $176,769.00
Items 1-7 were unanimously approved.
ORDINANCE NO. 1941 - 2ND READING - EXTENDING THE PERIOD OF EXISTING LAWFUL OCCUPANCY BY MORE THAN TWO UNRELATED PERSONS WITHIN THE “FAMILY” DEFINITION AS SET FORTH IN SECTION 17.04.120, DEFINITIONS, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1941 for second reading. Assistant City Solicitor Chris Mason presented Ordinance No. 1941 extending the period of existing lawful occupancy by more than two unrelated persons within the “family” definition as set forth in Section 17.04.020, Definitions, of the Salisbury Municipal Code from June 30, 2005 to October 1, 2005.
Mr. Timsky, Mr. Mark Tilghman and Ms. Terrie Cohen voiced their concerns about changing the ordinance and opposition to extending the time period for compliance.
After discussion, Ordinance No. 1941 for second reading passed 4-1 (Mrs. Campbell voted nay).
ORDINANCE NO. 1942 - 2ND READING - AMENDING CHAPTER 15.26, RENTAL OF RESIDENTIAL PREMISES, OF THE SALISBURY MUNICIPAL CODE TO CREATE SANCTIONS FOR LANDLORDS WHO FAIL OR REFUSE TO REGISTER PROPERTIES OR OBTAIN OR RENEW A LICENSE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1942 for second reading. Building, Housing & Zoning Director William Holland presented Ordinance No. 1942 amending Chapter 15.26, Rental of Residential Premises of the Salisbury Municipal Code to create sanctions for landlords who fail or refuse to register properties or obtain or renew a license.
Mrs. Campbell mentioned that there should be some changes forthcoming in reference to tenant protections when landlords do not pay their fines, licensing, etc..
After discussion, Ordinance No. 1942 for second reading passed unanimously.
ORDINANCE NO. 1946 - 2ND 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. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1946 for second reading. Planning and Zoning Director Jack Lenox presented Ordinance No. 1946 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.
Without further discussion, Ordinance No. 1946 for second reading passed unanimously.
ORDINANCE NO. 1947 - 1st READING - BOND ORDINANCE FOR WWTP
Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. 1947 for first reading. Finance Director John Cawley presented Ordinance No. 1947 approving a bond ordinance for the Wastewater Treatment Plant. Mr. Cawley mentioned that the loan amount would need to be increased from $46,000,000 to the maximum amount of $49,000,000.
Mr. Comegys moved and Mrs. Cathcart seconded to amend Ordinance No. 1947 by changing the
bond loan amount from $46,000,000 to the maximum amount of $49,000,000.
The above amendment passed unanimously. Ordinance No. 1947 for first reading, as amended, passed unanimously.
RESOLUTION NO. 1259 - ACCEPTING LAPTOP COMPUTERS FOR THE FIRE DEPARTMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1259. Salisbury Fire Chief David See presented Resolution No. 1259, accepting laptop computers for the Fire Department from a grant through Choptank Electric Trust.
Resolution No. 1259 passed unanimously.
RESOLUTION NO. 1260 - AUTHORIZING MAYOR TO SIGN A MEMORANDUM OF UNDERSTANDING WITH THE MARYLAND STATE HIGHWAY ADMINISTRATION RELATING TO DRAINAGE IMPROVEMENTS ON S. SALISBURY BLVD. AND SURROUNDING AREA
Mrs. Campbell moved and Mrs. Cathcart seconded to approve Resolution No. 1260. Public Works Director John Jacobs, along with Public Works Engineer Dallas Baker, presented Resolution No. 1260 authorizing the Mayor to sign a Memorandum of Understanding with the Maryland State Highway Administration relating to drainage improvements on S. Salisbury Blvd. and surrounding area.
Mr. James Trader voiced his concern about the runoff going into the Wicomico River and questioned if there was something in place to address the issue. Mr. Kenneth Holland questioned why the water could not be diverted to farmland instead of going into the river.
After further discussion, all voted in favor of Resolution No. 1260 with the exception of Mr. Comegys who abstained.
RESOLUTION NO. 1253 - AUTHORIZING MAYOR TO SIGN AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SALISBURY UNIVERSITY PROVIDING FOR A PAYMENT-IN-LIEU-OF-TAXES TO BE EXTENDED TO PHASE II OF THE UNIVERSITY PARK STUDENT HOUSING PROJECT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1253. City Administrator John Pick presented Resolution No. 1253 authorizing the Mayor to sign an amendment to the Memorandum of Understanding between the City and Salisbury University providing for a payment-in-lieu-of-taxes to be extended to Phase II of the University Park Student Housing Project.
Mrs. Campbell mentioned that she did not think it was fair that homeowners pay 100% of taxes and the University pays only 50%. In Mr. Comegys opinion, Phase II is what the city needs to get more students into housing to help get them out of single-family neighborhoods. Mayor Tilghman believed this is to be a good deal when you take into account that there is nothing in writing that mandates the University pay anything to the City.
After further discussion, Resolution No. 1253 passed 4-1 (Mrs. Campbell voted nay).
RESOLUTION NO. 1261 - APPROVING A MEMORANDUM OF AGREEMENT WITH GARY STEPHEN COLE GRANTING PERMISSION TO CONTINUE OPERATING A RIVER TOUR BUSINESS
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution No. 1261. City Administrator John Pick presented Resolution No. 1261 approving a Memorandum of Agreement with Gary Stephen Cole granting permission to continue operating a river tour business.
Resolution No. 1261 passed unanimously.
RESOLUTION NO. 1262 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR ADVERTISING EXPENSES
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1262. Assistant City Clerk Mary Church presented Resolution No. 1262 transferring $2,400 from the City Contingency for advertising expenses.
Resolution No. 1262 passed unanimously.
With no further business, the meeting adjourned at 7:50 p.m.
Assistant City Clerk
Council President