Meeting #14 July 13, 2009 6:00 p.m.
City/County Government Office Building Room 301
Times shown for agenda items are estimates only.
6:00 p.m. CONVENE – LORD’S PRAYER – PLEDGE OF ALLEGIANCE
6:04 p.m. ADOPTION OF AGENDA
6:06 p.m. CERTIFICATES OF APPRECIATION – Mayor James Ireton, Jr.
• Recognizing the Maryland Municipal League-Police Executives
Association “2009 TOP COP” award recipient
• Recognizing Wicomico EXILE award recipients
6:15 p.m. CONSENT AGENDA – City Clerk Brenda Colegrove
• June 22, 2009 minutes 1a
• Resolution No. 1801- accepting Maryland Energy Administration EmPower Energy Grant funds 1b
6:20 p.m. AWARD OF BIDS – Internal Services Director Pam Oland 2
6:30 p.m. MANUFACTURING EXEMPTION REQUEST – Internal Services Director Pam Oland
• Delmarva Printing, Inc. 3
7:00 p.m. PUBLIC HEARING – Attorney Skip Cornbrooks 4
• Ordinance No. 2080 - amending Chapter 15.32, Plumbing Standards,
of the Salisbury Municipal Code to adopt fats, oils and grease regulations
7:30 p.m. ORDINANCE – Attorney Skip Cornbrooks 5
• Ordinance No. 2081 - 1st reading – reallocation of 2003 Series A
Infrastructure Bond proceeds
7:45 p.m. RESOLUTIONS – City Administrator John Pick
• Resolution No. 1802 - amending the tax deferral plan awarded to Salisbury Housing II, LLC for Gateway Village, to reflect a change in the name of the ownership entity 6a
• Resolution No. 1803 – accepting funds awarded through a grant from the Governor’s Office of Crime Control and Prevention for the Church Street/Doverdale CSAFE areas 6b
8:15 p.m. PUBLIC COMMENTS
8:30 p.m. ADJOURN
Copies of the agenda items are available for review in the City Clerk’s Office
Room 305 - City/County Government Office Building 410-548-3140
or
on the City’s web site
www.ci.salisbury.md.us
The City Council reserves the right to go into closed session as
permitted under the Annotated Code of Maryland 10-508(a)
Proposed agenda items for July 27, 2009 (subject to change)
• Resolution – supporting Community Legacy application (Downtown Master
Plan design)
• Public Hearing – reallocation of bond proceeds Ordinance
• Ordinance No. 2080 – 2nd reading – amending Chapter 15.32, Plumbing Standards,
of the Salisbury Municipal Code to adopt fats, oil and grease regulations
Monday, July 13, 2009
Friday, July 10, 2009
COHEN CORRECTS AND CLARIFIES DAILY TIMES ARTICLE REGARDING CHIEF WEBSTER
PRESS STATEMENT BY
TERRY E. COHEN, SALISBURY CITY COUNCIL MEMBER
JULY 10, 2009
COHEN CORRECTS AND CLARIFIES
DAILY TIMES ARTICLE REGARDING CHIEF WEBSTER
The Daily Times today did another disservice to the citizens of Salisbury by crafting a front-page of alleged news out of the newspaper’s speculation about vague rumors. This drains time, resources and attention away from important work and issues of the City, including crime, blight, and problems at the wastewater treatment plant.
Today, I hope to correct and clarify information about actions of which I have direct knowledge in an effort to maintain the public trust with transparency to the greatest possible degree allowed by law.
First, I did not collaborate with Council Member Debbie Campbell on any document concerning Salisbury Police Chief Alan Webster. I cannot speak for what Councilwoman Campbell may or may not have done, but can only speak for my own actions.
I wrote (under my own signature alone) and hand-delivered to Mayor Jim Ireton a letter reporting concerns raised in a meeting with constituents about crime, law enforcement and quality of life issues. The letter also addressed other citizen complaints. It included issues raised at the Mayor’s Crime Task Force open meeting, which I attended in June. I advised the Daily Times reporter of these facts.
Some details in the letter constitute personnel issues. Therefore, I cannot answer questions about them or provide more about the letter’s contents than the information above.
Second, I simply did my job as an elected representative of the people of Salisbury to inform the mayor of constituent issues and complaints concerning law enforcement and one or more city employees, as well as my own concerns based on this information. An elected representative relaying such concerns to the elected chief executive officer who administers operations and staff is a normal process of government. It is the mayor’s job, by charter, to decide what, if any, action is needed.
I cannot speak for what Mayor Ireton has or has not done with my letter, or will or will not do with it. Mayor Ireton is the only person to whom I’ve provided the letter. Again, by charter, it is his decision what, if anything, is to be done next regarding the information.
In the future, if there is newsworthy action or information concerning personnel or operations that can be provided to the public within the limits of the law, I trust that will be provided. Until then, I look forward to returning my attention to the important job I have of representing the citizens of Salisbury and working on their behalf.
TERRY E. COHEN, SALISBURY CITY COUNCIL MEMBER
JULY 10, 2009
COHEN CORRECTS AND CLARIFIES
DAILY TIMES ARTICLE REGARDING CHIEF WEBSTER
The Daily Times today did another disservice to the citizens of Salisbury by crafting a front-page of alleged news out of the newspaper’s speculation about vague rumors. This drains time, resources and attention away from important work and issues of the City, including crime, blight, and problems at the wastewater treatment plant.
Today, I hope to correct and clarify information about actions of which I have direct knowledge in an effort to maintain the public trust with transparency to the greatest possible degree allowed by law.
First, I did not collaborate with Council Member Debbie Campbell on any document concerning Salisbury Police Chief Alan Webster. I cannot speak for what Councilwoman Campbell may or may not have done, but can only speak for my own actions.
I wrote (under my own signature alone) and hand-delivered to Mayor Jim Ireton a letter reporting concerns raised in a meeting with constituents about crime, law enforcement and quality of life issues. The letter also addressed other citizen complaints. It included issues raised at the Mayor’s Crime Task Force open meeting, which I attended in June. I advised the Daily Times reporter of these facts.
Some details in the letter constitute personnel issues. Therefore, I cannot answer questions about them or provide more about the letter’s contents than the information above.
Second, I simply did my job as an elected representative of the people of Salisbury to inform the mayor of constituent issues and complaints concerning law enforcement and one or more city employees, as well as my own concerns based on this information. An elected representative relaying such concerns to the elected chief executive officer who administers operations and staff is a normal process of government. It is the mayor’s job, by charter, to decide what, if any, action is needed.
I cannot speak for what Mayor Ireton has or has not done with my letter, or will or will not do with it. Mayor Ireton is the only person to whom I’ve provided the letter. Again, by charter, it is his decision what, if anything, is to be done next regarding the information.
In the future, if there is newsworthy action or information concerning personnel or operations that can be provided to the public within the limits of the law, I trust that will be provided. Until then, I look forward to returning my attention to the important job I have of representing the citizens of Salisbury and working on their behalf.
Monday, June 8, 2009
Cohen on Reddish
Councilwoman Terry Cohen on WICO 1320 AM at 8:05 a.m. Monday
Terry Cohen will be Bill Reddish's guest on WICO 1320 AM at 8:05 a.m. Monday, June 8.
Cohen was cleared of any ethics violation, as was Councilwoman Debbie Campbell, by the Salisbury Ethics Commission in an opinion released Friday, June 5. The commission held a hearing last Wednesday on a citizen's complaint concerning votes and discussion involving council members' health insurance and found no wrongdoing by either councilwoman in the performance of her official duties.
Terry Cohen will be Bill Reddish's guest on WICO 1320 AM at 8:05 a.m. Monday, June 8.
Cohen was cleared of any ethics violation, as was Councilwoman Debbie Campbell, by the Salisbury Ethics Commission in an opinion released Friday, June 5. The commission held a hearing last Wednesday on a citizen's complaint concerning votes and discussion involving council members' health insurance and found no wrongdoing by either councilwoman in the performance of her official duties.
Thursday, May 7, 2009
Budget Detail and Comparison Analysis Available Here
In one of his first acts in office, Mayor Jim Ireton had the large Budget Message book put on the City's website at www.ci.salisbury.md.us.
As before, we are placing the planned year's Budget Detail Report and Next Year/Current Year Analysis reports on our website. These reports offer the level of detail needed for a fuller understanding of the proposed budget.
Please contact us if you have any questions. The public hearing on the FY2010 budget will be held at the Monday, May 11, council legislative session, beginning at 6 p.m., along with the public hearing on the Constant Yield Tax Rate.
Please attend this important meeting so that the council will know your feelings, concerns and questions on the budget that will affect you not only for the year it covers, but also budget years to come.
As before, we are placing the planned year's Budget Detail Report and Next Year/Current Year Analysis reports on our website. These reports offer the level of detail needed for a fuller understanding of the proposed budget.
Please contact us if you have any questions. The public hearing on the FY2010 budget will be held at the Monday, May 11, council legislative session, beginning at 6 p.m., along with the public hearing on the Constant Yield Tax Rate.
Please attend this important meeting so that the council will know your feelings, concerns and questions on the budget that will affect you not only for the year it covers, but also budget years to come.
Monday, May 4, 2009
Today's Work Session Has Meaty Agenda
The briefing packet for today's work session is now up on our site for download. You will find a link on the right side of this page as you scroll down. More discussion will take place on funding Urban Salisbury. Impact fees and the Comprehensive Plan for the City are also on the agenda. Since a special meeting will be held first today at 4:30 p.m. to hear a claim on a water bill, the work session itself will start later, perhaps enabling more of the public to attend.
The meeting will be held in Room 305, the conference room beside the city clerk's office, in the Government Office Building downtown.
The meeting will be held in Room 305, the conference room beside the city clerk's office, in the Government Office Building downtown.
Wednesday, April 1, 2009
Public Hearing Rescheduled
Public Hearing Rescheduled
The City of Salisbury Department of Community Development wishes to announce that the Public Hearing concerning the draft of the new 5-year Consolidated Plan and the 2009 CDBG Action Plan has been rescheduled. The hearing, which was originally scheduled to be held on Tuesday, April 14, 2009 from 5:30 – 7:30 p.m. in the Council Chambers (Room 301) of the City / County Government Office Building, will now be held on Tuesday, May 5, 2009. The time frame and location remain the same.
The draft Consolidated Plan and 2009 CDBG Action Plan are expected to be ready for public review by April 20, 2009. Another notice will issued when the documents are completed and the 30-day public comment period begins.
Contact: Deborah J. Stam
Director of Community Development
(410) 334-3031
April 1, 2009
The City of Salisbury Department of Community Development wishes to announce that the Public Hearing concerning the draft of the new 5-year Consolidated Plan and the 2009 CDBG Action Plan has been rescheduled. The hearing, which was originally scheduled to be held on Tuesday, April 14, 2009 from 5:30 – 7:30 p.m. in the Council Chambers (Room 301) of the City / County Government Office Building, will now be held on Tuesday, May 5, 2009. The time frame and location remain the same.
The draft Consolidated Plan and 2009 CDBG Action Plan are expected to be ready for public review by April 20, 2009. Another notice will issued when the documents are completed and the 30-day public comment period begins.
Contact: Deborah J. Stam
Director of Community Development
(410) 334-3031
April 1, 2009
Monday, March 23, 2009
Bill Reddish Asks About The WWTP
During the interview this morning Debbie Campbell was asked unanticipated questions by the host, Bill Reddish. To clarify further, we offer the following for your information.
March 13, 2009 Stover Group Proposal
March 16, 2009 Memo Request Stover
E. Stover's Resume
The e-mails that accompanied the letters are provided as context.
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Thursday, March 19, 2009 1:55 PM
To: ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: WWTP Consultant Services
All – As you are aware we have been experiencing difficulties in getting all of the new components of the waste water treatment pant operating as they were designed. Since the last work session update, we have continued working with the design engineer, the construction manager and the contractor to resolve these problems. We have come to a point, however, that we feel it is necessary to bring in a specialized consultant to help us specifically with the biological nutrient removal (BNR) processes because the design engineer is apparently unable to make any further progress in determining how to fix this problem and because we have a deadline by which this process needs to be working in order for us to be in compliance with our permit. Accordingly, we have retained the services of Dr. Enos Stover, of Oklahoma State University, who is a specialist in this field and who has submitted a proposal to consult with us on this problem. Attached is a copy of the memo from Public Works requesting that we retain Dr. Stover’s services. Attached also are copies of Dr. Stover’s proposal and his resume. Retaining Dr.Stover’s services would qualify as specialized professional services under Section SC 16-3 (3) of the Charter allowing exceptions to competitive bidding for this type of service. Public Works is confident that this cost can be charged to the loan we received from MDE on this project and they are working with MDE to determine if it qualifies for grant funds. As you can see, Dr. Stover estimates this work to cost approximately $20,000. John
-------------------------------------------------------------------------------------
From: Debbie S Campbell [mailto:debbiescampbell@comcast.net]
Sent: Thursday, March 19, 2009 2:20 PM
To: John Pick; ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: RE: WWTP Consultant Services
Why would we be paying for the services? Wouldn’t this be the responsibility of the design engineer firm?
Debbie
-------------------------------------------------------------------------------------
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Friday, March 20, 2009 7:24 AM
To: Deborah S. Campbell; ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: RE: WWTP Consultant Services
Debbie -The design engineering firm, O’Brien & Gere (OBG) may be responsible for this cost. OBG has been advising the City on start-up and we have temporarily suspended that effort from them. John
-------------------------------------------------------------------------------------
From: Debbie S Campbell [mailto:debbiescampbell@comcast.net]
Sent: Friday, March 20, 2009 8:50 AM
To: John Pick
Subject: RE: WWTP Consultant Services
John –
When was this decision made? Was it in writing? If so, I would like a copy. Who made the decision to suspend OBG? What is the state compliance deadline? Is the new contractor taking the place of OBG? In the absence of OBG who is managing the project? Thank you n advance for your prompt response to these questions.
Deb
-------------------------------------------------------------------------------------
From: John Pick
Sent: Friday, March 20, 2009 9:11 AM
To: James Caldwell
Subject: FW: WWTP Consultant Services
Jim – please see Ms. Campbell’s questions below. I know the answer to most but I’m not sure about the compliance deadline. John
------------------------------------------------------------------------------------
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Friday, March 20, 2009 3:26 PM
To: Deborah S. Campbell
Cc: ALL City Council Members; Barrie Tilghman; Brenda Colegrove; Lore Chambers; James Caldwell; Paul D. Wilber
Subject: FW: WWTP Consultant Services
Debbie – please see the following e-mail from Jim Caldwell in response to your follow-up questions concerning the additional WWTp consultant services. John
-------------------------------------------------------------------------------------
From: James Caldwell
Sent: Friday, March 20, 2009 1:48 PM
To: John Pick
Cc: pwilber@webbnetlaw.com
Subject: RE: WWTP Consultant Services
The decision to recommend a contract with a specialist to assist in plant startup was made on March 13, 2009 during a conference call including Public Works, City Attorney and Aqualaw. The City Attorney and SPW staff had conducted a phone interview with Dr. Stover on March 12th. The City Administrator was briefed on March 16th prior to the submittal of the memo of request to the Internal Services Department.
The decision to suspend the efforts of OBG relating to the Nutrient Removal Process startup was made on March 17th. This decision was a result of a conference call involving SPW staff, City Attorney and Aqualaw. A copy of the notice to OBG is attached. It is pointed out that the notice to OBG only impacts their startup advice for the Nutrient Removal Process. OBG remains fully engaged with all other services of the design engineer in their construction phase contract. Also, Arcadis (Construction Dynamics Group) remains fully engaged as the Construction Manager
The plant discharge permit for Nitrogen at a level of 6.6 mg/l will become effective May 1, 2009. We have verbally asked MDE for an extension of this date and will be formalizing this request immediately.
March 13, 2009 Stover Group Proposal
March 16, 2009 Memo Request Stover
E. Stover's Resume
The e-mails that accompanied the letters are provided as context.
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Thursday, March 19, 2009 1:55 PM
To: ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: WWTP Consultant Services
All – As you are aware we have been experiencing difficulties in getting all of the new components of the waste water treatment pant operating as they were designed. Since the last work session update, we have continued working with the design engineer, the construction manager and the contractor to resolve these problems. We have come to a point, however, that we feel it is necessary to bring in a specialized consultant to help us specifically with the biological nutrient removal (BNR) processes because the design engineer is apparently unable to make any further progress in determining how to fix this problem and because we have a deadline by which this process needs to be working in order for us to be in compliance with our permit. Accordingly, we have retained the services of Dr. Enos Stover, of Oklahoma State University, who is a specialist in this field and who has submitted a proposal to consult with us on this problem. Attached is a copy of the memo from Public Works requesting that we retain Dr. Stover’s services. Attached also are copies of Dr. Stover’s proposal and his resume. Retaining Dr.Stover’s services would qualify as specialized professional services under Section SC 16-3 (3) of the Charter allowing exceptions to competitive bidding for this type of service. Public Works is confident that this cost can be charged to the loan we received from MDE on this project and they are working with MDE to determine if it qualifies for grant funds. As you can see, Dr. Stover estimates this work to cost approximately $20,000. John
-------------------------------------------------------------------------------------
From: Debbie S Campbell [mailto:debbiescampbell@comcast.net]
Sent: Thursday, March 19, 2009 2:20 PM
To: John Pick; ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: RE: WWTP Consultant Services
Why would we be paying for the services? Wouldn’t this be the responsibility of the design engineer firm?
Debbie
-------------------------------------------------------------------------------------
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Friday, March 20, 2009 7:24 AM
To: Deborah S. Campbell; ALL City Council Members; Barrie Tilghman
Cc: Brenda Colegrove; Lore Chambers; James Caldwell; Pamela Oland; Karen Reddersen; Chip Messick
Subject: RE: WWTP Consultant Services
Debbie -The design engineering firm, O’Brien & Gere (OBG) may be responsible for this cost. OBG has been advising the City on start-up and we have temporarily suspended that effort from them. John
-------------------------------------------------------------------------------------
From: Debbie S Campbell [mailto:debbiescampbell@comcast.net]
Sent: Friday, March 20, 2009 8:50 AM
To: John Pick
Subject: RE: WWTP Consultant Services
John –
When was this decision made? Was it in writing? If so, I would like a copy. Who made the decision to suspend OBG? What is the state compliance deadline? Is the new contractor taking the place of OBG? In the absence of OBG who is managing the project? Thank you n advance for your prompt response to these questions.
Deb
-------------------------------------------------------------------------------------
From: John Pick
Sent: Friday, March 20, 2009 9:11 AM
To: James Caldwell
Subject: FW: WWTP Consultant Services
Jim – please see Ms. Campbell’s questions below. I know the answer to most but I’m not sure about the compliance deadline. John
------------------------------------------------------------------------------------
From: John Pick [mailto:jpick@ci.salisbury.md.us]
Sent: Friday, March 20, 2009 3:26 PM
To: Deborah S. Campbell
Cc: ALL City Council Members; Barrie Tilghman; Brenda Colegrove; Lore Chambers; James Caldwell; Paul D. Wilber
Subject: FW: WWTP Consultant Services
Debbie – please see the following e-mail from Jim Caldwell in response to your follow-up questions concerning the additional WWTp consultant services. John
-------------------------------------------------------------------------------------
From: James Caldwell
Sent: Friday, March 20, 2009 1:48 PM
To: John Pick
Cc: pwilber@webbnetlaw.com
Subject: RE: WWTP Consultant Services
The decision to recommend a contract with a specialist to assist in plant startup was made on March 13, 2009 during a conference call including Public Works, City Attorney and Aqualaw. The City Attorney and SPW staff had conducted a phone interview with Dr. Stover on March 12th. The City Administrator was briefed on March 16th prior to the submittal of the memo of request to the Internal Services Department.
The decision to suspend the efforts of OBG relating to the Nutrient Removal Process startup was made on March 17th. This decision was a result of a conference call involving SPW staff, City Attorney and Aqualaw. A copy of the notice to OBG is attached. It is pointed out that the notice to OBG only impacts their startup advice for the Nutrient Removal Process. OBG remains fully engaged with all other services of the design engineer in their construction phase contract. Also, Arcadis (Construction Dynamics Group) remains fully engaged as the Construction Manager
The plant discharge permit for Nitrogen at a level of 6.6 mg/l will become effective May 1, 2009. We have verbally asked MDE for an extension of this date and will be formalizing this request immediately.
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