#5 MEETING MARCH 11, 2002
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, CMC, Executive Officer John Pick, City
Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement
& Parking Carol Turner, C.P.M., CPPB, Police Chief Allan Webster, Public
Works Director John Jacobs, 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 Stacey called the meeting to order. A moment of silence was held for the victims, families and friends from the September 11, 2001 tragedy followed by Council President Scott leading the audience in reciting the Lord's Prayer and the Pledge of Allegiance.
Ms. Siggers moved and Mr. Webster seconded to adopt the agenda as presented. Mr. Scott moved to amend the agenda by adding an additional item - financial presentation. Mr. Webster seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
Ms. Siggers moved to include the financial presentation after the approval of the February 25, 2002 minutes. Mr. Webster seconded and the motion passed unanimously.
APPROVAL OF FEBRUARY 25, 2002 MINUTES
On a motion by Ms. Siggers and seconded by Mrs. Polk, the minutes of February 25, 2002 were unanimously approved.
FINANCIAL PRESENTATION
Finance Director John Cawley provided an overview of the City's financial status (copy of presentation made a part of these minutes). In summary, the City had a strong opening fund balance of $6 million. The projected shortfall of $563,000 is being watched, but Mr. Cawley did not expect a deficit for Fiscal Year 2002 because, traditionally, the City does not spend all the monies that are in the budget. Financial benchmarks also indicate a strong unreserved fund balance, a strong debt to market value and a strong overall debt per capita.
RESOLUTION NO. 823 - CHARTER AMENDMENT AMENDING SC2-12, VETO, PROVIDING THAT THE BUDGET ORDINANCE CANNOT BE VETOED BY THE MAYOR
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 823. Council President Stacey introduced Resolution No. 823 which amends the Charter to prevent the Mayor from vetoing a budget ordinance or a budget amendment ordinance.
Mrs. Polk viewed this as a piecemeal attempt to go through the backdoor to remove a Strong-Mayor form of government. Amending SC2-12 puts the Charter in conflict with other sections of the Charter (i.e., SC2-8, SC2-13, SC2-15, SC3-4d).
Mr. Webster related that only four other cities in Maryland have mayoral veto power. Mr. Scott pointed out that the budget would revert to the original budget submitted by the Mayor if vetoed. In his opinion, this was too much power with City taxpayer dollars. He believed the Mayor and Council should work together on the budget for the benefit of the City.
Ms. Siggers voiced that the public had already chosen a form of government. In her opinion, this was a blatant disregard for the citizens' choice.
Comments received from the audience included: 1) Charter Amendment was undermining the democratic process; 2) did not see that it changed the current form of government; 3) pass the budget ordinance except for items in question and then discuss those to come to a solution; 4) back door politics; 5) Charter changes made as time changes; and 6) did not see any conflict with Charter with this change.
After further discussion, Resolution No. 823 passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
RESOLUTION NO. 824 - CHARTER AMENDMENT AMENDING SC2-15, GENERAL POWERS, PROVIDING AUTHORITY FOR THE CITY COUNCIL TO SOLICIT ADVICE AND INFORMATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 824. Resolution No. 824, as introduced by Council President Stacey, amends the Charter to permit the City Council, acting by Resolution, to solicit information or advice from any source, including special legal counsel, and other consultants and for that purpose to appropriate funds in the budget ordinance to pay fees and other costs.
Mrs. Polk referred to the chaos that would be created when soliciting opinions other than from the City Solicitor and also mentioned that an opinion was rendered to Mr. Stacey before the vote on this Resolution was taken. Mr. Webster believed there had been numerous occasions during the past year when Council needed a second opinion (i.e., budget amendment, zoning change in residential neighborhood, Northeast Collector project). In Ms. Siggers' opinion, this Charter Amendment was of the same caliber as the previous Amendment.
Citizen comments included: 1) outside legal opinions solicited in Dykes issue; 2) nothing wrong with adding a funding mechanism to obtain another opinion; and 3) will divide the City.
Resolution No. 824 passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
RESOLUTION NO. 825 - REQUESTING THE MAYOR TO REFRAIN FROM ACTION IN RESPECT TO THE NORTHEAST COLLECTOR UNTIL THE CITY COUNCIL REVIEWS PERTINENT PRIOR ACTIONS AND DECISIONS OF THE CITY AND CONSULTED WITH THE MAYOR AND REQUESTING THE MAYOR TO PROVIDE INFORMATION TO COUNCIL AND THE PUBLIC
Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 825. Council President Stacey presented Resolution No. 825 requesting the Mayor to refrain from action in respect of the Northeast Collector until the City Council has reviewed the pertinent prior actions and decisions of the City and consulted with the Mayor and requesting the Mayor to provide information to Council and the public.
Mayor Tilghman acknowledged that she had no intention of moving forward on this issue until it was discussed at an upcoming meeting and settled between the Mayor and Council.
Mrs. Polk reported that this issue is currently before the Ethics Commission and the Attorney General's Office. Mr. Webster referred to a notice published on the Internet for a March 21 meeting on the Northeast Collector. Mr. Scott related that this issue could not be settled in a closed work session because of the confusion created. Ms. Siggers related that all Council meetings are tape recorded. She suggested that the closed session tapes be released to the public.
After further discussion, Resolution No. 825 passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
RESOLUTION NO. 826 - ACCEPTING $23,774 IN STATE GRANT FUNDS AWARDED THROUGH THE GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION TO FUND VICTIM ASSISTANCE OFFICER POSITION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 826. Police Chief Allan Webster explained that Resolution No. 826 accepts $23,774 in State grant funds awarded through the Governor's Office of Crime Control and Prevention to fund a civilian position of Victim Assistance Officer.
Resolution No. 826 passed unanimously.
RESOLUTION NO. 827 - ACCEPTING $17,500 AWARDED THROUGH THE WICOMICO COUNTY NARCOTICS TASK FORCE TO FUND THE PURCHASE OF A VEHICLE AND EQUIPMENT FOR THE SALISBURY POLICE DEPARTMENT TACTICAL TEAM
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 827. Resolution No. 827, as presented to Council by Police Chief Allan Webster, accepts $17,500 awarded through the Wicomico County Narcotics Task Force to fund the purchase of a vehicle and equipment for the Salisbury Police Department Tactical Team.
Resolution No. 827 passed unanimously.
ORDINANCE NO. 1840 - 2ND READING - AMENDING §5.64.010, DEFINITIONS, §5.64.020, LICENSE REQUIRED, AND §5.64.070, PROCEDURE FOR DISPATCHING OF TOWING VEHICLES, OF THE SALISBURY MUNICIPAL CODE
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1840 for second reading. Police Chief Allan Webster addressed the major changes to the towing company regulations which included: 1) towing company must be licensed by the City and meet certain regulations regarding liability issues; and 2) eliminating the personal choice of a towing company (will use rotation system).
After a brief discussion, Ordinance No. 1840 for second reading passed on a 4-1 vote with Ms. Siggers casting the nay vote.
ORDINANCE NO. 1841 - 1ST READING - AMENDING §15.24.1260 OF THE SALISBURY MUNICIPAL CODE BY ESTABLISHING FEES FOR THE TOWING OF ABANDONED OR INOPERABLE VEHICLES AND ESTABLISHING A PROCEDURE FOR THE DISPOSAL OF UNCLAIMED VEHICLES
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1841 for first reading. Executive Officer John Pick introduced Ordinance No. 1841 amending §15.24.1260 by providing for the enforcement and towing of abandoned, inoperable or untagged vehicles from private property and payment of related costs and expenses. The amendment provides for the towing company to be paid $85.00 when the City has effected the removal of any abandoned, inoperable or untagged vehicle by a local City registered towing company, plus $150.000 after a Certificate of Disposal is issued by the Salisbury Police Department. If the full amount due to the City is not paid by the owner within 30 days after the fee has been paid to the towing company, it shall be collectible in the same manner as outstanding real estate taxes.
After discussion, Ordinance No. 1841 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to bring the Award of Bids
on the floor for discussion. The following items were presented for approval
by Director of Procurement & Parking Carol Turner:
1.
Declaration of Surplus (street sweeper) . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . .-0-
2.
Water Pressure Washer for Zoo (001-5110-60.12; unbudgeted)
Aqua Tek . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . $995.00
3.
Contract No. 9-02-W&S
Water & Sanitary Sewer Improvements
- Emanuel Wesleyan Church
(302-3705-537.70-22 (WMNE); 302-4190-537.70-22
(SMNE)
American Paving Corporation .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . $383,548.10
Items #1 and #2 were unanimously approved. Messrs. Scott, Stacey and Webster voted in favor of approving Item #3. Mrs. Polk and Ms. Siggers abstained.
MAYOR'S COMMENTS
Mayor Tilghman reported that a water and sewer meeting will be held on Tuesday, March 12, at the Zoo Educational Building at 7:00 p.m.
COUNCIL COMMENTS
Mrs. Polk reported on the Ordinances that had been vetoed by a Mayor - Nos. 1049 (1/71), 1615 (11/95), 1693 (8/98), 1750 (2/00) and 1830 (12/01). Mr. Webster thanked the public for attending and invited them to attend Council work sessions. Mr. Scott appreciated everyone's attendance. Ms. Siggers announced that the Westside community will be having a block party/clean up on Saturday, April 6, 2002, on Mitchell Road.
PUBLIC COMMENTS
Mr. Robert Taylor opined that a violation of the Open Meetings Act may have occurred if decisions were made in closed sessions. Mrs. Kathy Day believed the passage of the two Charter Amendments was bad democracy. Mr. Frank Himelright mentioned that Phase 3 for the Northeast Collector was not included in the bond issue.
With no further business, the meeting adjourned at 9:08 p.m.
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City Clerk
Council President