#19 MEETING OCTOBER 8, 2001
PRESENT
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, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public Works Director John Jacobs, and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman
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CONVENING - ADOPTION OF AGENDA
The City 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 and Mr. Scott seconded to approve the agenda. Mr. Scott moved to add Resolution No. 797, appointments to the Historic District Commission, as an emergency item to the agenda (after Resolution No. 796). Mr. Webster seconded the motion. After a brief discussion, all voted in favor of adding Resolution No. 797 as an emergency item to the agenda with the exception of Ms. Siggers.
Mr. Webster moved to delete Ordinance No. 1825, providing for non-binding ballot question on Council-Manager form of government on the May 7, 2002 General Election ballot. Mr. Scott seconded and the vote was unanimous.
The agenda, as amended, was unanimously approved.
APPROVAL OF SEPTEMBER 24, 2001 MINUTES
On a motion by Ms. Siggers and seconded by Mr. Webster, the minutes of September 24, 2001 were unanimously approved.
ORDINANCE NO. 1824 - 1ST READING - AMENDING SECTION 13.04.060, COMPUTATION OF SEWER CHARGES, OF THE SALISBURY MUNICIPAL CODE BY INCREASING THE ANNUAL FLAT RATE SEWER RATES
Ms. Siggers moved and Mr. Webster seconded to approve Ordinance No. 1824 for first reading. Finance Director John Cawley presented Ordinance No. 1824 amending Section 13.04.060, Computation of Sewer Charges, of the Salisbury Municipal Code by increasing the annual sewer rental charges. For those customers not using City water, the sewer charge will be computed by the number of water fixtures.
Ordinance No. 1824 for first reading passed unanimously.
RESOLUTION NO. 784 - PUBLIC HEARING - HONEYSUCKLE DRIVE/THOMPSON PROPERTY ANNEXATION
Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 784. Resolution No. 784, as addressed by Public Works Director John Jacobs, annexes 1.3 acres located on the northerly side of Honeysuckle Drive. The developer plans to construct five semi-detached duplex dwellings. Upon annexation into the City, the property will be zoned R-10A Residential. Pending a 45-day waiting period, the annexation becomes effective November 22, 2001.
Resolution No. 784 passed unanimously.
RESOLUTION NO. 796 - ACCEPTING $5,000 IN STATE GRANT FUNDS AWARDED THROUGH THE WICOMICO COUNTY CIGARETTE RESTITUTION COALITION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 796. Police Chief Al Webster reported that the $5,000 State grant funds will be used to provide overtime reimbursement for law enforcement efforts aimed at decreasing the sale of tobacco products to minors, as well as reducing the use of tobacco by minors.
Resolution No. 796 passed unanimously.
RESOLUTION NO. 797 - APPOINTMENTS TO THE HISTORIC DISTRICT COMMISSION
Mr. Scott moved and Mrs. Polk seconded to approve Resolution No. 797. Executive Officer John Pick submitted the names of Randy Taylor, Betsy Wolfe and Carole Wilson to serve on the Historic District Commission. Their terms would expire October 31, 2005.
Building, Housing & Zoning Director William Holland reported that he requested adding this Resolution to the agenda at the last work session. With only three members left, he was having difficulty getting a quorum.
Resolution No. 797 was unanimously approved.
COMCAST CABLE RATE NOTIFICATION - ISSUANCE OF TOLLING ORDER
Ms. Siggers moved and Mrs. Polk seconded to bring the issuance of a Tolling Order on the floor for discussion. City Solicitor Paul Wilber advised that there had been difficulty in scheduling a meeting with the Comcast auditors. A meeting has been scheduled for October 15, 2001, but this does not allow sufficient time for the City's Finance Director to conduct his audit. Mr. Wilber recommended that Council amend the Tolling Order to allow sixty days to consider Comcast's filing.
Mr. Stacey voiced his concern with the language in the Tolling Order which states that the Council has not completed its review and that additional time is warranted. Mr. Wilber suggested changing the wording to read the City (in all three sentences).
Ms. Siggers moved to amend the Tolling Order by changing the language "The Council" to read "The City" in all three sentences. Mr. Webster seconded and the amendment passed unanimously.
Mrs. Polk moved to amend the Tolling Order by changing item #1 to read sixty days instead of thirty days. Mr. Webster seconded and the amendment passed unanimously. The Tolling Order, as amended, was unanimously approved.
AWARD OF BIDS
Ms. Siggers moved and Mr. Webster seconded to approve the Award of Bids as a group. The following items were presented for approval by Director of Procurement & Purchasing Carol Turner:
1. Declaration of Surplus
Police Department, City Auction
items .......................................................................................
-0-
2. Declaration of Surplus
Police Department items .............................................................................................................-0-
The above items were unanimously approved.
MAYOR'S COMMENTS
On behalf of Mayor Tilghman, Executive Officer John Pick relayed the following information:
Ms. Siggers opined that placing the Council-Manager form of government back on the agenda was a blatant disregard and disrespect for the public who have already voted on that issue and chose not to entertain that type of government. She was appreciative that it was pulled from the agenda.
Mr. Scott thanked the public for attending. Mr. Webster commented that there appeared to be a lot of opposition to change Beaglin Park Drive to University Boulevard. Executive Officer Pick reported that the University's President has withdrawn her request. In regards to a request to rezone Young Avenue and Robert Street, Mr. Webster noted that the property owner appealed Council's decision and the Court overturned their decision. City Solicitor Wilber related that this issue will come back to the City Council at a future meeting for Council to choose either Commercial or Office Service Residential zoning.
Mrs. Polk commented on the absence of a legislative agenda with this Council. In her opinion, without a legislative agenda, the Council is in a reactionary mode (responding to events that are happening rather than passing legislation with a plan in mind). As long as this Council continued to conduct itself as if there were only three members, she would absent herself from work sessions.
PUBLIC COMMENTS
Mrs. Julia Hancock asked for clarification on the time for the meeting to be held at Pinehurst School. Her information indicated the meeting started at 6:00 p.m. instead of 7:00 p.m. Mrs. Hancock reported that two meetings would be held on Wednesday, October 10, at 7:00 p.m. -- the County Council meeting at the Civic Center regarding the Adequate Public Access Ordinance and a recycling meeting at the City's Service Center. In Mrs. Hancock's opinion, it was important for all Councilmembers to attend all work sessions. They don't have to agree on issues, but Councilmembers have an obligation to the citizens of Salisbury to attend. Mrs. Hancock opined that Councilmembers have a right to revisit a subject even though it had previously been voted down.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey believed it was unprofessional to criticize fellow Councilmembers. In order to get work done, they need to communicate regardless of whether or not they all agreed on issues. Mr. Stacey acknowledged that the Council-Manager issue was addressed again at a work session and was brought up because of the upcoming election. Mr. Stacey reported that the issue of opening the Downtown Plaza will continue to be discussed.
With no further business, the meeting adjourned at 7:52 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 18, 2001
TIME & PLACE: 6:02 P.M., Room 305, City/County
Government Building
PURPOSE:
Update from legal counsel on EPA issue and personnel issue
VOTE TO CLOSE: Unanimous
CITATION:
Annotated Code of Maryland Sections 10-508(a)(1)(7)(8)
PRESENT:
Council President William Stacey, Council Vice President Joseph Scott,
Councilman C. T. Webster, City Clerk Brenda Colegrove,
Executive Officer John Pick, City Solicitor Paul Wilber,
Public Works Director John Jacobs (Pick, Wilber and Jacobs
only present during the EPA discussion)
ABSENT:
Councilwoman Rachel Polk and Councilwoman Lavonzella Siggers
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At 6:02 p.m. in Room 305 of the City/County Government Building, Mr.
Scott moved to convene in Closed Executive Session to discuss a personnel
issue and to receive an update from the City Solicitor on the EPA issue.
Mr. Webster seconded and the vote was unanimous.
City Solicitor Paul Wilber briefed Council on the status of the EPA environmental issue. As further developments arise, Mr. Wilber will advise the Council. In regards to the personnel matter, the Council concurred that Council President Stacey will write a letter to the Mayor asking for an explanation as to why a specific budget item request was not executed by the employee.
At 6:39 p.m., upon a motion by Mr. Scott and seconded by Mr. Webster,
the Council unanimously voted to adjourn the closed session and convene
in open session.
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City Clerk
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Council President