PRESENT
Mayor Barrie P. Tilghman
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman William Stacey
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Cannon called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
On a motion by Ms. Siggers and seconded by Mr. Stacey, the minutes of April 24, 2000 were unanimously approved.
CERTIFICATES OF APPRECIATION
Council President Robert Cannon presented a Certificate of Appreciation to Ms. Julia Hancock
for her steadfast attendance at City Council meetings and work sessions. Council Vice President
Frank Himelright presented a Certificate of Appreciation to Rev. Bo Painter of St. Andrews
United Methodist Church in recognition of his outstanding efforts in beautifying the
neighborhood.
PROCLAMATION - PROCLAIMING PROPOSED CHARTER AMENDMENTS,
RESOLUTION NOS. 682, 683, 685 AND 686, NULL AND VOID
Mayor Barrie Tilghman read a proclamation proclaiming that the proposed Charter Amendments, Resolution Nos. 682, 683, 685 and 686, contained in the referendum question on the May 2, 2000 ballot, were null and void and of no effect whatsoever.
ORDINANCE NO. 1765 - 2ND READING - ZONING TEXT AMENDMENT - SALISBURY
MALL ASSOCIATES - AMENDING SECTION 17.212.030 TO PERMIT SCHOOLS OF
GENERAL INSTRUCTION AND SCHOOLS OF SPECIAL INSTRUCTION IN SHOPPING
CENTERS
Mr. Stacey moved and Mr. Himelright seconded to approve Ordinance No. 1765 to bring it on the floor for discussion. Planning & Zoning Planner Gloria Smith briefed Council on Ordinance No. 1765 amending Section 17.212.030 of the Code to permit Schools of General Instruction and Schools of Special Instruction in shopping centers. The Planning Commission forwarded a favorable recommendation to Council on the Code amendment.
Ms. Siggers opined that allowing these schools in shopping centers would provide an opportunity for additional traffic to benefit retail shopping.
Ordinance No. 1765 for second reading passed unanimously.
ORDINANCE NO. 1766 - 2ND READING - ORDINANCE PERMIT FOR GAIL HULL/
COUNTRY KIDS DAY CARE TO OPERATE A DAY CARE CENTER ON PENN STREET
IN AN R-5 RESIDENTIAL DISTRICT
Mr. Cannon disclosed that he represented Ms. Gail Hull in a real estate transaction and would abstain from discussion and voting. Vice President Himelright presided over the discussion. Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1766 to bring it on the floor for discussion.
Ordinance No. 1766, as highlighted by Planning & Zoning Planner Gloria Smith, authorizes Gail Hull to operate a day care center at 311, 312, 314 and 315 Penn Street in an R-5 Residential District. Ms. Smith pointed out that the Council Review paragraph was deleted as requested by Council at the first reading. Mr. Gillis asked that future Councils be made aware that this paragraph was removed by a previous Council.
All voted in favor of Ordinance No. 1766 for second reading with the exception of Mr. Cannon's abstention.
ORDINANCE NO. 1768 - 1ST READING - REVISING WATER AND SEWER RATES
Ms. Siggers moved and Mr. Stacey seconded to approve Ordinance No. 1768 to bring it on the floor for discussion. Mayor Tilghman introduced Ordinance No. 1768 revising and increasing the top tier of the water and sewer rental changes. The increase impacts customers using more than 600,000 gallons per quarter and equates to 10› per 1,000 gallons for inside City customers and 20› per 1,000 gallons for outside city customers (except for those included in the Urban Service District). According to Mayor Tilghman, the increase is consistent with the initiative started last year by the City Council to gradually eliminate the third tier of the rate structure.
After a brief discussion, Ordinance No. 1768 passed unanimously.
MANUFACTURING EXEMPTION REQUEST - VERSATECH, INCORPORATED
Finance Director Roger Baskerville presented Versatech, Incorporated's request for a manufacturing exemption on equipment purchased in calendar year 1998. Mr. Baskerville recommended that a five-year exemption be granted on 1998 manufacturing equipment beginning with tax year July 1, 1999 to June 30, 2000. The exemption equates to approximately $1,822 over the next five years.
Mr. Cannon expressed that even though he was opposed to these requests, he always voted in favor of them. If the exemption requests were not granted, it could lead to businesses moving to other municipalities. Until the State passed legislation preventing municipalities from competing against each other in that respect, he would have to vote in favor.
The manufacturing exemption for Versatech, Incorporated was unanimously approved.
RESOLUTION NO. 710 - TO PROCEED WITH THE CONSOLIDATION OF THE CITY
OF SALISBURY AND WICOMICO COUNTY FINANCE DEPARTMENTS
Mr. Gillis proposed that Resolution No. 710 be added to the agenda as an emergency item. The Resolution requests that the City Finance Department develop and implement a plan to consolidate all functions of the Finance Department with the Wicomico County Finance Department on or before June 30, 2002.
Mr. Himelright moved and Mr. Stacey seconded to add Resolution No. 710 to the agenda as an emergency item. Mr. Cannon voiced his opposition and inappropriateness to adding the Resolution to the agenda as an emergency item. In his opinion, the Resolution was an order to consolidate. Mr. Cannon noted that he had trust in the next Council to follow through on the referendum question and provide the public with fair notice for an opportunity to participate in the discussion. Mayor Tilghman recalled that Mr. Baskerville stated it would take years to consolidate and the Purchasing Department would need to be done at the same time.
Mr. Stacey commented that this issue was discussed in a work session and the Finance Director explained the savings the City would incur by consolidating functions. It was his impression, following the meeting, that there was a consensus to move ahead with drafting a Resolution.
Mr. Gillis opined that this sets goals and standards to strive for, but the time line could be extended by future Councils. He predicted that the consolidation would save hundreds of thousands of dollars over the next several years.
Mayor Tilghman remarked that the voters indicated they wanted to consider consolidating services, but they shouldn't be bound by a Resolution that precludes the public from being part of the discussion. It also presupposes that the County has made a commitment to consolidate. In Mayor Tilghman's opinion, this showed a lack of respect for the voters and did not demand immediate attention for an emergency item.
Ms. Siggers was confident that the new Council would consider this issue and that they were quite capable of taking the public's interest into consideration. Ms. Siggers did not believe the current Council should determine what the next Council should do nor did she perceive this as an emergency item.
Mr. William Briddell and Mr. Jack Powell expressed their concerns with acting too quickly on this matter and that it showed disrespect to the new Council.
After further discussion, Messrs. Gillis, Himelright and Stacey voted to add Resolution No. 710 to the agenda as an emergency item. Ms. Siggers and Mr. Cannon voted nay. Mr. Himelright remarked that this Council had asked to consolidate departments for the last four years, but had been stonewalled. In his view, if this would force discussions with the County, then it was the way to go. Resolution No. 710 passed on a 3-2 vote with Ms. Siggers and Mr. Cannon voting nay.
RESOLUTION NO. 709 - TO PROCEED WITH THE CONSOLIDATION OF THE CITY
OF SALISBURY AND WICOMICO COUNTY DEPARTMENTS
Mr. Gillis proposed that Resolution No. 709 be added to the agenda as an emergency item. The Resolution requests that each City department develop and implement a plan to consolidate all functions of each department with the Wicomico County department performing the same functions on or before June 30, 2005. Mr. Stacey moved and Mr. Himelright seconded to add Resolution No. 709 to the agenda as an emergency item.
Mr. Himelright viewed this as an attempt to save money for taxpayers. Mr. Gillis felt this action would make the County more responsive to tax differential. In Ms. Siggers' view, the motion to add this matter as an emergency item was impetuous and more consideration should have been given to the public for their input.
Mr. Jack Powell voiced that it was disrespectful to the new City Council and not fair to the voters of Salisbury. Ms. Joyce Groten expressed concern that the public was not prepared for this Resolution and believed the new Council should deal with the issue.
Messrs. Gillis, Himelright and Stacey voted in favor of adding Resolution No. 709 to the agenda as an emergency item. Ms. Siggers and Mr. Cannon voted nay. Mr. Cannon was in favor of government efficiency, but did not feel this was the appropriate way to go about it. Mr. Stacey commented that the Resolution could be rescinded by a majority of the new Council.
Resolution No. 709 passed on a 3-2 vote with Ms. Siggers and Mr. Cannon voting nay.
RESOLUTION NO. 705 - TO OPEN THE TAPED TRANSCRIPTS OF THE CLOSED
SESSIONS OF THE CITY COUNCIL RELATING TO THE COULBOURN DYKES
PERSONNEL MATTER
Mr. Gillis proposed adding Resolution No. 705 to the agenda as an emergency item for the purpose of opening the taped transcripts of the closed City Council sessions relating to the Coulbourn Dykes personnel matter. Mr. Stacey moved and Mr. Himelright seconded to add Resolution No. 705 to the agenda as an emergency item.
Ms. Siggers related that she was not forewarned on this matter and did not believe it was appropriate. Mr. Cannon agreed that it was inappropriate and did not see it as an emergency. Messrs. Gillis, Himelright and Stacey voted in favor of adding Resolution No. 705 to the agenda as an emergency item. Ms. Siggers and Mr. Cannon voted nay.
Ms. Siggers read the May 5 and May 8, 2000 letters from Attorney Robert Taylor on behalf of Ms. Dianne Dykes to the Mayor and City Council relating to the public disclosure of the recorded tapes of the closed meetings and her position on the issue. Ms. Siggers commented that if the tapes were to be released, then all of the discussion, including the Council, should be released. Mr. Cannon believed the intent of the Resolution was to release all the information. However, he did not agree with releasing the closed tapes unless all people attending them agreed unanimously.
Mr. James Trader urged Council to release all the taped transcripts to the public. After further discussion, Messrs. Gillis, Himelright and Stacey voted in favor of Resolution No. 705. Ms. Siggers and Mr. Cannon voted nay. Resolution No. 705 passed on a 3-2 vote.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
After discussion, items #1, #2 and #4 were unanimously approved. Item #3 passed on a 4-1 vote (Mr. Cannon voted nay).
MAYOR'S COMMENTS
On behalf of the Local Government Insurance Trust, Mayor Tilghman presented a plaque to John Pick in recognition of the City's outstanding commitment to risk management safety. Executive Officer John Pick served as chairman of the Risk Management Committee for the City.
COUNCIL PRESIDENT'S COMMENTS
Council President Cannon advised that the reorganization meeting of the City Council will be held on May 15, 2000 at 7:00 p.m. and a work session with the new Council will be held on Wednesday, May 10, 2000 at 8:00 a.m.
PUBLIC COMMENTS
Ms. Julia Hancock commented on the hard work the current City Council has done in the past four years. Mr. Robert Ryan expressed concern with the increased presence of mosquitos. Mr. James Trader commented on the Dykes personnel issue. Mr. Robert Taylor shared his concerns regarding the water and sewer consultant and suggested that the City have one policy for water rates. Ms. Siggers commended Council President Cannon for putting together a joint meeting with the incoming Councilmembers.
With no further business, the meeting adjourned at 9:00 p.m.
City Clerk
Council President