CITY OF SALISBURY, MARYLAND
#21 MEETING NOVEMBER 14, 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, Grants/Special Projects Director Loré Chambers, Public Works Engineer Clay Hall, Building, Housing & Zoning Director William Holland, Acting Director of Procurement & Parking Erin Kesler, Planning & Zoning Director Jack Lenox, Fire Chief David See, Police Chief Allan Webster, Human Resources Director Mike Thompson, and interested Citizens and Members of the Press.
******************************************************************************
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 by postponing item #3 in the Award of Bids (declaration of surplus - portion of marina parking lot property) and postponing Resolution No. 1313, East Naylor Mill Road (formerly Cannon) Property Annexation, and Resolution No. 1314, Johnson Road-Smith Property Annexation since the County Council had not taken action on the annexation requests. Mrs. Cathcart seconded and the amendment passed unanimously.
Mrs. Campbell noted that she made a motion on October 26, 2005 that resulted in Resolution No. 1251 (Hearne property annexation) to be rescheduled for tonight’s meeting. In making that motion, she had relied upon information provided to her at the beginning of the meeting in response to a question she raised about notice being given to the State about the annexation. If she had been advised on October 26 that Administration had not given the required notice to the Maryland Department of Planning, she would not have made the motion. Therefore, as a point of personal privilege, Mrs. Campbell requested to withdraw her motion of October 26. Mrs. Campbell moved to remove Resolution No. 1251 from the agenda.
City Solicitor advised that the appropriate action at this time was to ask for a second to Mrs. Campbell’s motion to remove Resolution No. 1251 from the agenda. Having received no second, the motion died. As to the point of personal privilege, Mr. Wilber opined that the City Council is not controlled by Robert’s Rules of Order nor have they been adopted by the Council. The Council adopted their own rules of procedure, but the point of personal privilege was not included. He recommended moving forward with the adoption of the agenda.
The agenda, as amended, passed on a 4-1 vote with Mrs. Campbell voting nay.
APPROVAL OF OCTOBER 24/26, 2005 MINUTES
On a motion by Mrs. Cathcart and seconded by Mr. Comegys, the October 24/26, 2005 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Mrs. Campbell seconded to approve the Award of Bids. Acting Director of Procurement & Parking Erin Kesler presented the following items:
1. Declaration of Surplus ............................................................................................................ -0-
Treasurer sign to be awarded to John Cawley upon retirement
2. Declaration of Surplus ............................................................................................................ -0-
3- Gateway computers in Purchasing Department; 1-Gateway Computer from
BHZ; 3-typewriters in Purchasing Department
3. Change Order No. 1 .................................................................................................... $9,650.63
Independent Contracting Services
Wroten Inspection Services, Inc. Account No. 31151-513020-40000
4. Change Order No. 1 .................................................................................................. $11,190.00
RFP 11-05 Sewer Cleaning & CCTV Inspection
TRB Speciality Rehabilitation Division Account No. 86085-523600
5. LIFENET EMS SYSTEM ......................................................................................... $170,337.00
Medronic Emergency Life Response Systems
Account No. 24035-534302 ($20,323.00); 24035-555504 ($15,400.00);
24035-577035 ($77,319.00); 24035-577036 ($57,295.00)
The above items were unanimously approved.
ORDINANCE NO. 1962 - 2ND READING - BUDGET AMENDMENT APPROPRIATING FUNDS TO COVER EXPENSES FOR THE FIRE STATION #1 PROJECT CHANGE ORDER
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1962 for second reading. Fire Chief David See explained that Ordinance No. 1962 amends the FY06 budget to provide additional funding of $128,713 for the renovation and addition to Fire Station #1.
Ordinance No. 1962 for second reading passed unanimously.
ORDINANCE NO. 1963 - 1ST READING - AMENDING CHAPTER 2.36, DISPOSITION OF SURPLUS OR UNUSED PROPERTY, OF THE SALISBURY MUNICIPAL CODE TO PERMIT THE DISPOSITION OF REAL PROPERTY BY AUCTION SALE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1963 for first reading. Acting Director of Procurement & Parking Erin Kesler introduced Ordinance No. 1963 amending Chapter 2.36, Disposition of Surplus or Unused Property, of the Salisbury Municipal Code to permit the disposition of real property by auction sale.
Ordinance No. 1963 for first reading was unanimously approved.
ORDINANCE NO. 1964 - 1ST READING - ADOPTION OF NEW PLUMBING CODE
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1964 for first reading. Building, Housing & Zoning Director William Holland presented Ordinance No. 1964 adopting the Maryland State Plumbing Code as the plumbing code for the City of Salisbury (replaces Salisbury Practical Plumbing Code adopted in 1990).
Ordinance No. 1964 for first reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1251 - S. DIVISION STREET-HEARNE PROPERTY ANNEXATION
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1251. City Solicitor Paul Wilber advised that this was a continuation of the October 24 public hearing. Public comments had been concluded and Mrs. Campbell was questioning the number of units when the power went out.
Mayor Tilghman explained that errors were made by Administration in the annexation procedures, but the procedures have been examined to ensure that checks and balances are in place going forward. A call was received on October 24 from the Salisbury office of Maryland Department of Planning inquiring as to the status of the Hearne annexation. In reviewing, it was discovered that the letter to be submitted to their office had not been done. The letter was hand delivered that day and the City was told that it was sufficient time to complete their review (Code allows for at least thirty days). Mayor Tilghman noted that the Maryland Department of Planning only has an advisory function over the municipalities.
Mr. Wilber reported that the City received a letter today from the Maryland Department of Planning indicating they had completed their review, therefore, the Council could proceed with the annexation. He reviewed the procedures that had been put in place to ensure errors would not occur in the future.
Mr. John Seipp, representing the developers, clarified that the zoning is R-8A and asked the Council to approve the annexation. Highlights of public comments included:
• concern with impact on schools and infrastructure;
• annexation should not be granted without detailed, pro-Salisbury, pro-resident development restrictions;
• continuation of public hearing should not have taken place because of knowledge that State procedures had not been followed;
• Maryland Department of Planning had also submitted a letter suggesting that the hearing be postponed;
• prudent to postpone the annexation until consultant’s recommendations were received;
• upset with lack of notice to Maryland Department of Planning prior to October 24 meeting and that the meeting proceeded;
• need to grow wisely; and
• called for a moratorium.
At Mrs. Shields’ request, Mr. Wilber read the November 14, 2005 advisory letter received from the Maryland Department of Planning. A copy is attached and made a part of the official minutes.
After expressing her concern with the impact on schools and the lack of a traffic study, Mrs. Campbell moved to postpone Resolution No. 1251 until the Council had its December 1 work session, engaged the necessary professional services to understand the impact of these developments and how to move forward in a way that was wise for the citizens of the City and the developers who want to build here. The motion died for lack of a second.
Mrs. Campbell provided a copy of the list of accidents reported in the proposed annexation area (copy attached and made a part of the official minutes). Mrs. Campbell moved that the zoning be reduced to R-8, which is consistent with Eirean Mhor, and reduces to a more manageable number, a more compatible number, with the neighborhoods around it. Mrs. Cathcart seconded the motion. Director of Planning & Zoning Jack Lenox explained the difference between the R-8 and R-8A zoning. After a brief discussion, the amendment failed with all voting nay with the exemption of Mrs. Campbell.
Mrs. Cathcart moved and Mrs. Shields seconded to amend Exhibit C of Resolution No. 1251 by changing the number of units from 594 to 468. All voted in favor with the exception of Mrs. Campbell. Resolution No. 1251, with the amended Exhibit C, passed on a 4-1 vote with Mrs. Campbell voting nay.
(The Council took a break at 7:29 p.m. and reconvened at 7:34 p.m.)
RESOLUTION NO. 1321 - APPROVING FIRE SERVICE AGREEMENT WITH WICOMICO COUNTY
Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1321. Fire Chief David See addressed Resolution No. 1321 approving an agreement between the City of Salisbury and Wicomico County for the delivery of fire, rescue, advanced operations and emergency medical services to residents outside of the City limits. Chief See reported that the new agreement is supported by the Wicomcio County Firefighters Association and the Wicomico County Volunteer Fire Chiefs Association.
Resolution No. 1321 passed unanimously.
RESOLUTION NO. 1322 - ACCEPTING EMERGENCY SHELTER GRANT
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1322. Grants/
Special Projects Director Loré Chambers and Mr. Will Shaule (Village of Hope) presented Resolution No. 1322 accepting a $16,000 Emergency Shelter Grant from the Department of Housing & Community Development. The grant will be used for operating funds for Diakonia, Inc. ($10,000) and the Village of Hope ($6,000).
Resolution No. 1322 was unanimously approved.
RESOLUTION NO. 1323 - ACCEPTING CSAFE II GRANT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1323. Police Chief Allan Webster introduced Resolution No. 1323 accepting a $7,000 grant awarded through the Governor’s Office of Crime Control and Prevention. The funds will be used for overtime expenses, training, the continuation of the Earn-A-Bike program and National Night Out event in the designated (Westside) CSAFE II area.
All voted in favor of Resolution No. 1323 with the exception of Mrs. Shields’ abstention.
RESOLUTION NO. 1324 - AMENDMENT TO FLEXIBLE BENEFITS PLAN
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1324. Human Resources Director Mike Thompson presented Resolution No. 1324 amending the City of
Salisbury’s Flexible Benefits Plan by adding a ninety-day grace period to the end of the spending year in accordance with the IRS Code.
Resolution No. 1324 passed unanimously.
RESOLUTION NO. 1325 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY TO COVER SALISBURY MUNICIPAL CODE PRINTING COSTS
Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1325. City Clerk Brenda Colegrove explained that Resolution No. 1325 transfers $3,200 from the City Contingency in order to provide sufficient funding to authorize the purchase and printing of the next supplement to the Salisbury Municipal Code.
Resolution No. 1325 passed unanimously.
RESOLUTION NO. 1326 - REAPPOINTMENTS TO CITY PARK COMMITTEE
RESOLUTION NO. 1327 - REAPPOINTMENTS TO ZOO COMMISSION
RESOLUTION NO. 1328 - APPOINTMENT TO ETHICS COMMISSION
Mrs. Cathcart moved and Mrs. Shields seconded to approve Resolution Nos. 1326, 1327 and 1328. Mayor Tilghman recommended the following: