#12 MEETING JUNE 10, 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
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City
Solicitor Paul Wilber, Police Chief Allan Webster, Finance Director John
Cawley, 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.
Mrs. Polk moved and Mr. Webster seconded to adopt the agenda as presented. Mr. Webster moved to amend the agenda by changing Ordinance No. 1849 (accepting funds from Wicomico County for wiring of Council Chambers) to Resolution No. 852. Mrs. Polk seconded and the vote was unanimous. The agenda, as amended, was unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Barrie Tilghman presented a Certificate of Appreciation to Sister Mary Elizabeth Gintling for her commitment and dedication as an advocate of the poor.
Certificates of Appreciation were also presented to the following individuals for serving as members of the Emergency Preparedness Assessment Group:
Chief Stephen Brezler
Bruce Patterson
City of Salisbury Fire Department
P.R.M.C. Facilities Management
John Jacobs, Director
Jack Pieroni
City of Salisbury Public Works
Pepsi-Cola Bottling Co.
John Pick
Frank J. Cruice
Executive Officer, City of Salisbury
Perdue Farms Inc.
Chief Allan Webster
Dr. Brian Polkinghorn
City of Salisbury Police Department
S.U. Center for Conflict Resolution
Mary Willis
Dr. Ellen Zinner
Community Foundation of the Eastern Shore
S.U., Office of the President
Dan Oliver
Doug Jones
Connective
Wicomico Emergency Management
Ken Briggs
Jay Cathell
Safety Manager, K & L Microwave
Verizon
APPROVAL OF MAY 28, 2002 MINUTES
Upon a motion by Mrs. Polk and seconded by Mr. Webster, the minutes
of May 28, 2002 were unanimously approved.
ORDINANCE NO. 1845 - 2ND READING - APPROVING FISCAL YEAR 2003 BUDGET
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1845 for second reading. Council President Siggers reviewed the changes made by Council to the Mayor's proposed FY03 budget. A copy of the list of changes is attached and made a part of these minutes.
Comments were received from eighteen members of the audience, primarily police officers who related concerns with their current retirement plan and losing officers to other agencies because of better benefits.
Mayor Tilghman explained that funding for the Law Enforcement Officers Pension System (LEOPS) was included in the proposed FY03 budget. However, within the last few weeks the Executive Officer expressed concern with funding approximately $340,000 this year for the new plan, and becoming a continuing obligation each year, without generating a significant increase in revenue to allow the City to resume its commitment to investing in the infrastructure. It was recommended that the City postpone upgrading the police retirement for a year.
Mayor Tilghman reported that Mr. Pick's recommendation on the police retirement plan, along with comments to reduce the bond issue, was forwarded to Council with a memo from her asking them to seriously consider the recommendations. Mayor Tilghman believed the City needed to look at the LEOPS plan more before making a commitment. She recommended to the Council that the City undertake an extensive analysis of the benefits so that a plan could be developed to meet the needs of the Salisbury Police Department. Since the Fire Department would also like to join LEOPS, the City could look at this issue in a comprehensive way.
Mr. Webster appreciated the efforts of the police officers, but supported the Mayor's recommendation for further study of a retirement plan. He was concerned that the dollar amount changed three times to fund LEOPS, and that there was no alternative plan presented to Council. Based on the testimony received, Mr. Scott thought the Mayor and Council should go back to the drawing board and take another look at LEOPS. He was not prepared to vote in favor of the budget and, if voted upon, he would vote against it. He advised the public to be prepared for a sizeable tax rate increase next year. Mr. Day had supported the LEOPS during Council's budget sessions, but agreed that further study was needed, including looking into alternatives.
Mrs. Polk related that the Council had to look at sustainable revenue to support projects in the budget. In discussing the LEOPS, the dollar amount to fund the program continued to change and they did not have all the information. If there was a sound benefit package that would allow Council to fund it into perpetuity, she believed the Police Department would have the full support of the City Council. Mrs. Polk noted that no department was favored over another. They had to take a hard look at the City's infrastructure because it had been neglected for so long.
Ms. Siggers commented on the increased health insurance benefits for future retirees effective
7/1/02 (City paying 50% of the premium for retirees and their dependent, and 50% for the medicare supplement). She believed the Council had been fiscally responsible in their budget deliberations and appreciated the information being shared on the current retirement program.
On the vote to approve Ordinance No. 1845 for second reading, all voted in favor with the exception of Mr. Scott who voted nay.
(Council took a break at 8:35 p.m. and reconvened at 8:40 p.m.)
ORDINANCE NO. 1848 - 1ST READING - INCREASING CABLE TELEVISION FRANCHISE FEE FROM 4% TO 5%
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1848 for first reading. Executive Officer John Pick introduced Ordinance No. 1848 increasing the City's cable television franchise fee rate from 4% to 5% of the cable operator's gross revenue.
Mr. Webster, who serves on the Access 26 Board, recommended that language be included in the ordinance to specifically dedicate 1% of the franchise fee to Access 26. After conferring with City Solicitor Paul Wilber, Mr. Day moved and Mrs. Polk seconded to add a sentence that 1% of the franchise fee shall be dedicated to the operations of Access 26. All voted in favor of the amendment with the exception of Mr. Webster's abstention.
Mrs. Polk, Ms. Siggers, Mr. Day and Mr. Scott voted in favor of Ordinance No. 1848 for first reading as amended. Mr. Webster abstained.
RESOLUTION NO. 852 - ACCEPTING FUNDS FROM WICOMICO COUNTY FOR WIRING OF COUNCIL CHAMBERS
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 852. Resolution No. 852, as briefed to Council by Executive Officer John Pick, accepts a grant of $35,000 from Wicomico County representing the County's share of the cost of equipping the Council Chambers for live broadcast of meetings.
Resolution No. 852 passed unanimously.
RESOLUTION NO. 847 - NAMING A PORTION OF THE NORTH CAMDEN NEIGHBORHOOD CAMDEN HEIGHTS
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 847. Mayor Tilghman gave an overview of Resolution No. 847 which approves naming a section of the North Camden neighborhood "Camden Heights."
Resolution No. 847 passed unanimously.
RESOLUTION NO. 844 - INCREASING SEWER CHARGES EFFECTIVE JULY 1, 2002
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 844. Finance Director John Cawley presented Resolution No. 844 providing for a 20% increase of sewer rates effective July 1, 2002.
After a brief discussion, Resolution No. 844 passed unanimously.
RESOLUTION NO. 848 - TRANSFERRING FUNDS FROM THE FY02 ELECTIONS BUDGET TO THE FY02 CITY COUNCIL BUDGET
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 848. City Clerk Brenda Colegrove addressed Resolution No. 848 which transfers $3,800 from unencumbered funds in the Elections budget into the City Council's budget to cover advertising and travel expenses through the end of FY02.
Resolution No. 848 passed unanimously.
RESOLUTION NO. 849 - EXPRESSING INTENT OF THE CITY COUNCIL TO HOLD A PUBLIC HEARING ON REPEALING CHARTER AMENDMENT RESOLUTIONS NO. 823 AND 824 AND TO NOT CONDUCT A SPECIAL ELECTION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 849. City Solicitor Paul Wilber explained that Resolution No. 849 provides for a public hearing on June 27, 2002 to discuss the repeal of Charter amendment Resolution Nos. 823 (preventing mayoral budget ordinance veto) and 824 (hiring consultants), and passing a resolution stating reasons why a referendum will not be held on Charter amendment Resolution Nos. 823 and 824. Repealing the two Charter amendments will return the original wording to the Charter.
Resolution No. 849 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 850 - CONSENT TO THE TRANSFER OF CONTROL AND INTERNAL REORGANIZATION OF COMCAST CABLEVISION OF DELMARVA, INC. (MERGER OF COMCAST AND AT&T)
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 850. Attorney David Vorhis briefed Council on Resolution No. 850, a resolution approving the merger of Comcast Corporation and AT&T Broadband. The terms of the current agreement with Comcast Cablevision of Delmarva, Inc., an indirect subsidiary of Comcast Corporation, will remain unchanged.
Resolution No. 850 passed unanimously.
RESOLUTION NO. 851 - APPROVING ARTICLES OF INCORPORATION AND BYLAWS FOR ACCESS 26, INC.
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 851. Councilman C. T. Webster introduced Resolution No. 851 approving the Articles of Incorporation and Bylaws for Access 26, Inc.
All voted in favor of Resolution No. 851 with the exception of Mr. Webster's abstention.
MAYOR'S COMMENTS
The following are highlights of Mayor Tilghman's comments:
PUBLIC COMMENTS
Ms. Maria Mitchell expressed appreciation for Dana Simson's business, Chesapeake East, on West Main Street. Ms. Shanie Shields inquired if Dana Simson's commitment to spend funds on improvements to the Franklin Hotel had been spent.
COUNCIL COMMENTS
Mrs. Polk commented on the residents who have been working hard to improve their neighborhoods. Mr. Day thanked the public for attending and asked them to not stop coming even if the meetings were broadcast live on Access 26. Mr. Scott voiced concern with the City's tax base not increasing. Mr. Webster believed the City needed to bridge the gap of the perception of indifference of feelings between the Administration, City Council and the Police Department. He respected the Mayor's suggestion to pursue a retirement plan for the Police Department.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers recognized Ms. Shanie Shields and Ms. Cynthia Polk for their involvement in the betterment of the Westside neighborhood. Ms. Siggers commented on the budget process and the choices that had to be made with the funds available.
With no further business, the meeting adjourned at 9:32 p.m.
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City Clerk
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Council President