As amended on August 27, 2001
CITY OF SALISBURY, MARYLAND
#15 MEETING AUGUST 13, 2001
PRESENT
Mayor Barrie P. Tilghman
Council President William F. Stacey
Council Vice President Joseph L. Scott
Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor
Paul Wilber, Police Chief Al Webster, Fire Chief Stephen Brezler, Finance
Director John Cawley, Director of Procurement & Parking Carol Turner,
C.P.M., CPPB, BHZ Director William Holland, Deputy Public Works Director
Chip Messick, and interested Citizens and Members of the Press.
******************************************************************************
CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Stacey called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
Mrs. Polk moved to remove Ordinance No. 1820 from the agenda. Ms. Siggers seconded the motion. Mr. Webster believed the Ordinance needed to be discussed to appropriate additional funds for Public Access 26 in order for them to continue providing service to the community. Mrs. Polk noted that the issue was the manner in which Council chose to appropriate additional funds for Access 26. A legal opinion from the City Solicitor was rendered indicating that the procedure was improper.
On the vote to remove Ordinance No. 1820 from the agenda, Mrs. Polk and Ms. Siggers voted aye. Messrs. Scott and Webster voted nay and Mr. Stacey abstained. Ordinance No. 1820 remained on the agenda for discussion.
Mr. Webster moved and Mr. Scott seconded to adopt the agenda as presented. Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. The motion passed on a 3-2 vote.
APPROVAL OF JULY 23, 2001 MINUTES AND SPECIAL MEETING MINUTES
OF
JULY 26, JULY 27, JULY 30 AND AUGUST 2, 2001
Mr. Webster moved and Mr. Scott seconded to approve the July 23, 2001 minutes and the Special Meeting minutes of July 26, July 27, July 30 and August 2, 2001 as a group. Mrs. Polk mentioned that it would be inappropriate for those Councilmembers who were not present at a particular meeting to vote. Mr. Webster and Mr. Scott withdrew their motion and second to approve as a group and moved and seconded to approve individually. Mrs. Polk, Ms. Siggers and Mr. Scott voted aye and Messrs. Stacey and Webster voted nay.
All voted in favor of the July 23, 2001 minutes with the exception of Mr. Scott. The Special Meeting minutes of July 26, 2001 were approved with Mrs. Polk, Mr. Stacey and Mr. Webster voting aye. Ms. Siggers and Mr. Scott did not vote. The July 27, 2001 Special Meeting minutes were approved with Mrs. Polk, Mr. Stacey and Mr. Webster voting aye. Ms. Siggers and Mr. Scott did not vote. The July 30, 2001 Special Meeting minutes were approved with Mrs. Polk, Mr. Stacey and Mr. Webster voting aye. Ms. Siggers and Mr. Scott did not vote. The August 2, 2001 Special Meeting minutes were approved with Mrs. Polk, Mr. Stacey and Mr. Webster voting aye. Ms. Siggers and Mr. Scott did not vote.
ORDINANCE NO. 1819 - 2ND READING - AMENDING SECTIONS 15.04.010 AND 15.04.020 OF THE SALISBURY MUNICIPAL CODE TO ADOPT THE 2000 INTERNATIONAL BUILDING CODE, THE 2000 INTERNATIONAL RESIDENTIAL CODE, THE 2000 INTERNATIONAL MECHANICAL CODE, THE 2000 INTERNATIONAL ENERGY CONSERVATION CODE, AND TO ADOPT CORRESPONDING AMENDMENTS IN SECTIONS 15.04.010 AND 15.04.030, AND ADDING SECTION 15.04.040
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1819 for second reading. Building, Housing and Zoning Director William Holland presented Ordinance No. 1819 which adopts the Maryland Building Performance Standards. Mr. Holland noted that he would like the Residential Code to take effect September 1, 2001 and the Building Code to take effect November 1, 2001.
Ordinance No. 1819 for second reading passed unanimously.
ORDINANCE NO. 1820 - 2ND READING - FY02 BUDGET AMENDMENT APPROPRIATING $15,000 TO PUBLIC ACCESS ACCOUNT
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1820 for second reading. Mr. Stacey reported that an opinion was rendered by the City Solicitor concerning the legislative format for a budget ordinance (i.e., introduction and passage of budget amendment). The ordinance was introduced in order for Public Access 26 to have sufficient operating funds for the rest of the year to continue serving the community.
In Mr. Webster's opinion, a second legal opinion was needed on this issue. He believed Ordinance No. 1820 was a supplemental budget provision and not a budget amendment. Mr. Webster pointed out that the franchise fee could be raised to 5% in order to raise the $15,000 for Public Access. However, none of the current 4% franchise fee monies are allocated to Public Access (goes into the General Fund).
Mrs. Polk mentioned that she read the Charter and then called the City Solicitor requesting clarification on budget amendments. In her opinion, the issue was improper procedure, not about the need for Public Access. Ms. Siggers mentioned that she could not disregard the City Solicitor's legal opinion.
Mr. Stacey reported that he and the Mayor have discussed opportunities for compromise. The majority of the Council thought that part of the $530,000 budget savings could be used for Access 26. Mr. Stacey noted that he had a problem with the franchise fee because nothing was earmarked for Access 26, but it should be done so in the future. There was also the issue of interpretation of the Code (no specific code on where budget amendments should start). In regards to Mr. Wilber's legal opinion regarding Ordinance No. 1820, Mr. Stacey viewed this as an up-front veto and the Mayor should not have that authority.
After further discussion, Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. Based on the City Solicitor's legal opinion, the motion failed due to the lack of receiving four favorable votes.
PUBLIC HEARING - ORDINANCE NO. 1821 - 1ST READING - REZONING REQUEST BY MORRIS AND MORRIS LTD. PARTNERSHIP - BROWN STREET - R5 RESIDENTIAL TO LIGHT INDUSTRIAL
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1821 for first reading and public hearing. Planning and Zoning Planner Gloria Smith briefed Council on Morris and Morris Ltd. Partnership's request to rezone six parcels totaling .75 acres located on the southerly side of Brown Street from R-5 Residential to Light Industrial. This original request was heard by the Salisbury Planning Commission on July 19, 2001. During their review of the requested properties to be rezoned and the surrounding area, the Commission noted that at the time of the 1983 Comprehensive Rezoning of the City, the houses along the southerly side of Brown Street and the easterly side of Naylor Street were owner-occupied. However, the situation has changed since 1983. The Commission felt it would be inappropriate to leave the remaining residencies along the easterly side of Naylor Street between Brown Street and the railroad zoned R-5 Residential since it would create an even more isolated neighborhood. Consequently, the Commission recommended the inclusion of six additional parcels totaling 1.522 acres located on the easterly side of Naylor Street. Mrs. Smith mentioned that all the residential structures on the properties owned by Morris and Morris have been removed except for one which is occupied by one of their employees. The remaining residential properties along Naylor Street are rentals. Mrs. Smith acknowledged that all the properties impacted by the rezoning were notified by mail. The residential properties would remain as such as long as they remained in continued use. Once they became idle for more than a year, they would not be able to go back to residential property. They could be renovated or removed and the property converted to a small office use.
Mr. Scott and Mr. Stacey thanked the Morris family for their work in cleaning up this particular area. Mrs. Polk questioned businesses buying buildings, tearing them down, and then having the zoning changed from Residential to Light Industrial. In response to Mrs. Polk's query, Mrs. Smith responded that they frequently do not know the long-term intent for businesses buying property. Mr. Morris reported that they did acquire properties in the neighborhood as they became available in an attempt to secure the neighborhood.
Ms. Siggers advised that she did not feel prepared to vote on the Ordinance at this time and would abstain on voting.
All voted in favor of Ordinance No. 1821 for first reading with the exception of Ms. Siggers' abstention. On a motion by Mrs. Polk and seconded by Ms. Siggers, the Resolution of Decision and Findings of Fact was unanimously approved.
RESOLUTION NO. 783 - ACCEPTING $1,500 IN STATE GRANT FUNDS AWARDED BY THE GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION THROUGH THE WICOMICO COUNTY UNDERAGE DRINKING COALITION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 783. Police Chief Al Webster briefed Council on Resolution No. 783 which accepts $1,500 in State grant funds awarded through the Wicomico County Underage Drinking Coalition to provide for overtime reimbursement to enhance law enforcement efforts in decreasing the availability of alcohol to minors.
Resolution No. 783 passed unanimously.
COMCAST CABLE RATE NOTIFICATION - ISSUANCE OF TOLLING ORDER
Ms. Siggers moved and Mrs. Polk seconded to approve the issuance of a Tolling Order in regards to Comcast's cable rate notification. City Solicitor Paul Wilber advised that a Tolling Order will give the City time to look at the basis and justification for the increase in Limited Basic service. This issue will come back to Council for a public hearing on October 8, 2001.
The issuance of a Tolling Order was approved on a 4-1 vote (Mr. Webster voted nay).
AWARD OF BIDS
Ms. Siggers moved and Mrs. Polk moved to approve the above items as a group. The motion failed on a 2-3 vote (Mrs. Polk and Ms. Siggers voting aye). Mrs. Polk moved and Ms. Siggers seconded to approve the following items.
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Non-ventilated Fiberglass Protector Enclosure
(601-4101-533.70-30; unbudgeted
capital outlay)
Fisher Scientific Company ..............................................................................$
2,407.06
2. Contract No. 101-02 City Police Vehicles (001-2105-521.70-25)
Hertrich Fleet ..............................................................................................$116,214.00
3. Contract No. A-13-02 Gas Card (various)
Cato/Pacific Pride ......................................................................................$160,000
+/-
4. Contract No. 110-02
Engineering Services for Dye Dilution/Chemical
Translator Studies & Water
Quality Modeling (601-4101-533.36-10)
O'Brien & Gere Engineers,
Inc. .................................................................$255,000.00
After Ms. Turner's presentation, each item was unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman's comments included:
Mrs. Polk apologized to Public Access 26 for the incorrect budget amendment procedure. If Ordinance No. 1820 was attempted to be enforced, she was prepared to cite each Councilmember involved with malfeasance in office. Appreciation was extended to the Police and Building, Housing and Zoning Departments for their efforts in removing the house of prostitution on North Salisbury Boulevard.
In regards to Public Access 26, Mr. Webster requested a legal opinion clarifying a supplemental item versus a budget item. He opposed increasing the franchise fee from 4% to 5%.
Mr. Scott thanked the public for attending. Ms. Siggers felt it was unfortunate that Council was not more responsible during the budget process.
PUBLIC COMMENTS
Mr. Carey Windsor questioned why the Special Meeting minutes were voted upon separately.
Mr. Mike Goodson, Manager of Public Access 26, thanked the Mayor and Council for their continuing support.
Mr. James Trader commented on: 1) number of employees leaving due to pay scale; 2) traffic problems in the City; 3) recycling program; 4) work on the Bandstand in the City Park; 5) construction on parking garage extension; and 6) emergency generator for sewage pumping station.
Mr. Stacey reported that Administration was already handling most of those issues (i.e., beginning employee exit interviews, formation of Traffic Committee, education program on recycling, receiving contributions for the Bandstand). Mr. Webster noted that Public Works employees were on the scene this past weekend to help divert storm water in the Truitt Street area.
COUNCIL PRESIDENT WRAP-UP
In regards to Ordinance No. 1820, Mr. Stacey believed it to be a matter of interpretation for three Councilmembers in terms of the legal opinion rendered by the City Solicitor. However, he had some very productive talks with the Mayor and the Executive Officer regarding this issue and hoped that they could continue with some of the suggested remedies.
Construction to extend water and sewer services to Wor-Wic and Perdue Stadium is anticipated to begin February 21, 2003. Mr. Stacey hoped to have a discussion concerning the upgrade to the wastewater treatment plant in a future work session.
With no further discussion, the meeting adjourned at 8:27 p.m.
______________________
City Clerk
______________________
Council President