CITY OF SALISBURY, MARYLAND

#14 MEETING                                                                                                            JULY 8, 2002

PRESENT

Mayor Barrie P. Tilghman                                                            Council President Lavonzella Siggers
Council Vice President Joseph L. Scott                                        Councilman Michael Day
Councilwoman Rachel Polk                                                          Councilman C. T. Webster

IN ATTENDANCE

City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs, Building, Housing and Zoning Director William Holland, Erin Kesler (Purchasing Department), Gloria Smith (Planning and Zoning) and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.

On a motion by Mr. Webster and seconded by Mr. Scott, the agenda as presented was unanimously approved.

APPROVAL OF JUNE 27, 2002 MINUTES

Mrs. Polk moved and Mr. Scott seconded to approve the minutes of June 27, 2002. Mr. Webster moved to amend the first sentence of the second paragraph on page 9 concerning the closed session to read "City Solicitor Paul Wilber attempted to advise Council of the complaint(s) charged." Mrs. Polk seconded and the amendment passed unanimously. The June 27, 2002 minutes, as amended, were unanimously approved.

ANNOUNCEMENT

Council President Siggers announced that the City Council would convene in a closed session immediately following the regular session to discuss a personnel matter.

ORDINANCE NO. 1850 - 2ND READING - TEXT AMENDMENT, SECTION 17.72 OF THE SALISBURY MUNICIPAL CODE, TO ADD A CHURCH AND A TRAINING CENTER AS USES PERMITTED BY ORDINANCE PERMIT IN AN INDUSTRIAL DISTRICT

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1850 for second reading. Mrs. Gloria Smith, Planner from the Planning and Zoning Department, presented Ordinance No. 1850 amending §17.72.040 of the Salisbury Municipal Code by adding a church and a training center as uses permitted by Ordinance Permit in an Industrial District.

Ordinance No. 1850 for second reading passed unanimously.

ORDINANCE NO. 1851 - 2ND READING - IMPOSING A THREE MONTH MORATORIUM ON THE CONVERSION OF SINGLE-FAMILY RESIDENCES TO RENTAL USE

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1851 for second reading. City Solicitor Paul Wilber explained that Ordinance No. 1851 had been amended from a six- month to a three-month moratorium on the conversion of single-family residences to rental use.

Mrs. Polk moved to amend the ordinance to reflect that the moratorium would commence on 12:00 a.m., July 9, 2002, rather than 12:00 p.m., July 8, 2002 (pages 3 and 4). Mr. Webster seconded and the amendment passed unanimously.

Mr. Webster asked for clarification of item #4, page 4 (prohibiting the renewal of pre-existing leases or the leasing of premises to new tenants where said premises were already in rental use prior to 12:00 a.m., July 9, 2002). He was concerned that a lease could be renewed for two years or for as many years as the landlord desired. After discussing this concern, Mr. Scott moved to postpone the discussion until the end of the meeting in order to give the City Solicitor time to consider language for closing that loophole. Mrs. Polk seconded and the motion passed unanimously.

RESOLUTION NO. 864 - APPOINTMENT/REAPPOINTMENTS TO CENTRAL CITY DISTRICT COMMISSION

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 864. Mayor Tilghman recommended the appointment of Carol Wright to serve on the Central City District Commission for a term ending September 2003. The following individuals were recommended for reappointments:

                            Name                                                    Term Ending
                    William Ahtes                                            September 2003
                    Charles Dashiell, Jr.                                   September 2004
                    Gordon Gladden                                       September 2004
                    Tom Johnson                                            September 2003
                    John Lerch                                                September 2004
                    Jack Purnell                                              September 2003

Resolution No. 864 was unanimously approved.

RESOLUTION NO. 865 - APPOINTMENTS TO TRAFFIC AND SAFETY ADVISORY COMMITTEE

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 865. The following individuals were recommended by Mayor Tilghman for appointment to the Traffic and Safety Advisory Committee:

                            Name                                                    Term Ending
                    Edward E. Nock, II                                        July 2005
                    Katherine Wood-Day                                     July 2004
                    Donald D. Long                                              July 2005
                    Carl L. Anderton, Jr.                                      July 2004
                    Keith W. Moore, Sr.                                      July 2005
                    Michael Palmer                                              July 2005
                    William Briddell                                             July 2004

After a brief discussion, Resolution No. 865 was unanimously approved.

RESOLUTION NO. 866 -APPOINTMENTS/REAPPOINTMENTS TO MARINA COMMISSION

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 866. Mayor Tilghman recommended the appointments of Lee Whaley, C. Richard Anderson and John Cassidy to the Marina Commission with terms ending January 2004. Michael G. Murray and Jane Ellen Mengason were also recommended for reappointment with terms ending January 2004.

Resolution No. 866 was unanimously approved.

RESOLUTION NO. 867 - APPOINTMENT TO ACCESS 26 BOARD OF DIRECTORS

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 867. Mayor Tilghman recommended the appointment of Memo Diriker to serve on the Access 26 Board of Directors.

All voted in favor of Resolution No. 867 with the exception of Mr. Webster's abstention.

RESOLUTION NO. 868 - ACCEPTING GIFT OF WYE OAK TREE

Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 868. Executive Officer John Pick presented Resolution No. 868 accepting the gift of an offspring tree of the Wye Oak. Pete and Yvonne O'Brien offered to donate the ten-foot tall tree to the City.

Resolution No. 868 passed unanimously.

AWARD OF BIDS

Mrs. Polk moved and Mr. Day seconded to approve the Award of Bids. The following item was presented for approval by Ms. Erin Kesler:

Contract No. 3-02-W&S
Emerson Avenue Water and Sewer/Whittier Drive
(601-3705-532.70-22; 601-4105-532.70-23)
American Paving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$78,267.98

After discussion, the above item was unanimously approved.

CONTINUED DISCUSSION OF ORDINANCE NO. 1851 - 2ND READING - IMPOSING A THREE MONTH MORATORIUM ON THE CONVERSION OF SINGLE-FAMILY RESIDENCES TO RENTAL USE

Mr. Scott moved and Mr. Webster seconded to bring Ordinance No. 1851 for second reading back on the floor for discussion. City Solicitor Paul Wilber suggested the following amendment:

        Page 4, paragraph 3, line 3: insert the word "lawfully" after leasehold interest

        Page 4, paragraph 4: insert the phrase "for a term of up to one year" on the second line
        after existing leases, and after new tenants. Insert a new sentence at the end of the
        paragraph to read "All residential leases will be subject to the provisions of future legislation."

Mayor Tilghman questioned if the new sentence should state "shall" be subject rather than "will" be subject. Mr. Wilber recommended making the language stronger by using "shall" instead. Mr. Scott moved and Mr. Webster seconded to amend Ordinance No. 1851 to reflect all the changes as recommended by Mr. Wilber. The amendment passed unanimously.

To address the concern regarding the possibility of older rental houses that had been converted to single-family homes again reverting to rental use, Mrs. Polk moved to amend page 4, paragraph 4, by changing the wording "prior to" to "as of" in the third line. Mr. Webster seconded and the amendment passed unanimously.

Highlights from the public comments included: 1) believed Council was going in the right direction; 2) college students being used as scape goats; 3) lack of police presence in substations; 4) condition of neighboring homes (i.e., windows boarded up); and 5) favored moratorium.

Ordinance No. 1851, as amended, passed unanimously.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

COUNCIL COMMENTS

Mrs. Polk asked that effected neighbors make sure that violators of Ordinance No. 1851 are reported. She appreciated Administration's efforts in putting together this legislation so quickly.

Mr. Day commented on the phone calls he had received over the past few weeks concerning the 4-2 conversion issue. He clarified that he did not purchase a palm pilot with campaign funds as reported in the newspaper, but was a gift from his campaign committee.

Mr. Scott mentioned that the City Council was very sensitive to the fact that no police officers were in the substations.

Mr. Webster thanked the public for attending.

COUNCIL PRESIDENT WRAP-UP

Ms. Siggers referred to grants received for the Police Department to enhance their policing efforts, but felt it was unfortunate there was such a lack of presence in the community.

At 8:30 p.m., the regular session was adjourned and Council convened in a Closed Executive Session upon a motion by Mrs. Polk and seconded by Mr. Webster to discuss a personnel issue.
 

CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
JULY 8, 2002

TIME & PLACE:        8:30 p.m., Room 301- City/County Government Building
PURPOSE:                 Personnel matter
VOTE TO CLOSE:    Unanimous
CITATION:                Annotated Code of Maryland Section 10-508(a)(1)
PRESENT:                  Council President Lavonzella Siggers, Council Vice President Joseph Scott,                                    Councilman Michael Day, Councilwoman Rachel Polk,
                                   Councilman C. T. Webster, City Clerk Brenda Colegrove
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At 8:30 p.m., in Room 301 of the City/County Government Building, Mrs. Polk moved to convene in a Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Webster seconded and the vote was unanimous.

After discussing the issues, the Council arrived at a consensus on the action to take. At 9:30 p.m., upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the closed session adjourned.
 

CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
JULY 10, 2002

TIME & PLACE:        8:35 a.m., Room 301- City/County Government Building
PURPOSE:                 Personnel matter
VOTE TO CLOSE:    Unanimous
CITATION:                Annotated Code of Maryland Section 10-508(a)(1)
PRESENT:                  Mayor Barrie P. Tilghman, Council President Lavonzella Siggers,
                                    Council Vice President Joseph Scott, Councilman Michael Day,
                                    Councilwoman Rachel Polk, Councilman C. T. Webster,
                                    City Clerk Brenda Colegrove, Executive Officer John Pick,
                                    City Solicitor Paul Wilber
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At 8:35 a.m., in Room 305 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.

A discussion was held concerning Council's action reflected in their July 9, 2002 letter. City Solicitor Paul Wilber briefed Council on the complaint charged (briefing which was attempted on June 27, 2002). After further discussion, a consensus was reached by Council on how to proceed.

On a motion by Mr. Scott and seconded by Mrs. Polk, the Council adjourned the closed session at 11:00 a.m.
 

CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
JULY 16, 2002

TIME & PLACE:        7:04 p.m., Room 305- City/County Government Building
PURPOSE:                 Personnel matter
VOTE TO CLOSE:    Unanimous
CITATION:                Annotated Code of Maryland Section 10-508(a)(1)
PRESENT:                 Council President Lavonzella Siggers, Council Vice President Joseph Scott,
                                  Councilman Michael Day, Councilwoman Rachel Polk,
                                  Councilman C. T. Webster, City Clerk Brenda Colegrove,
                                  Executive Officer John Pick, City Solicitor Paul Wilber
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At 7:04 p.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.

After discussing the material provided by the Executive Officer and City Solicitor, the Council arrived at a consensus and provided direction on moving forward with the issue. On a motion by Mr. Scott and seconded by Mr. Webster, the Council adjourned the closed session at 8:12 p.m. and reconvened in open session.
 
 

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City Clerk

 

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Council President

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us