CITY OF SALISBURY, MARYLAND
#20 MEETING October 14, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilman Michael Day Councilman C. T. Webster
IN ATTENDANCE
Assistant City Clerk Mary Church, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Al Webster, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, 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 Siggers called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
Mrs. Polk gave a statement to the audience about the misstatement that the Daily Times put in the paper on Monday, October 14, 2002 and further explained why the ordinance was being changed.
Mr. Webster moved to amend the agenda by changing the order of items to be presented as follows (after approval of minutes): Resolution No. 896, Resolution No. 893, Resolution No. 894, Resolution No. 890, Resolution No. 891, Resolution No. 892, Ordinance No. 1860, Resolution No. 887, Ordinance No. 1861, Resolution No. 889 and Resolution No. 895. Mr. Scott seconded the motion. All voted in favor of the amendment. The agenda, as amended, passed unanimously.
PUBLIC COMMENTS
Mr. Gene Groten expressed concern with the way the Police Chief had been treated. He thanked Council for getting the grates fixed in front of Burnett-White.
Mr. James Trader hoped the roof would be repaired on the parking garage after the grand opening.
Ms. Rosa Partlow expressed how the Police Chief had cleaned up the area where she lives. She thought the Council was wrong and that they should let the Police Chief do his job.
Ms. Debbie Campbell asked if properties that were under contract prior to the moratorium, closed after the moratorium, were owner occupied, are now rentals but have back fees, how would they be treated.
Mr. Timothy Meagher wanted to hear for himself what the Council was trying to do. He voiced his negative opinion about the news media and how they have changed stories in the past.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the persons who served on the Housing Process Action Team.
AWARD OF BIDS
Mrs. Polk 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 & Parking Carol Turner:
1. Contract No. 10-02-PLX; Change Order No. 1
Marina Parking Lot Expansion
(603-5810-532.70-38)
I. A. Construction .............................................................................($7,999.90)
2. Sterilizer - Emergency Purchase
(601-4101-533.70-30 - Unbudgeted Capital)
Fisher Scientific.................................................................................$5,647.20
3. City’s Electric Bid
24 Month Contract
Pepco Energy Services...................................................................$741,696.60
All items were approved unanimously.
APPROVAL OF SEPTEMBER 23, 2002 MINUTES
On a motion by Mr. Webster and seconded by Mrs. Polk, the minutes of September 23, 2002 were unanimously approved.
RESOLUTION NO. 896 - ACCEPTING CONTRIBUTIONS FOR CITY PARK BANDSTAND FROM GILLIS-GILKERSON
Mrs. Polk moved and Mr. Webster seconded to approved Resolution No. 896 accepting contributions for City Park bandstand from Gillis-Gilkerson. Executive Officer John Pick asked that the Council accept the generous contributions by Gillis-Gilkerson and George, Miles & Buhr for restoration of the bandstand in the City Park. Gillis-Gilkerson would coordinate with other firms who are also making donations. Mr. Pick noted that this resolution only recognizes the efforts of Gillis-Gilkerson and George, Miles & Buhr, but he would come back after the project is completed to recognize the other firms and individuals involved in the restoration.
Mr. Webster opined that it was outstanding what Gillis-Gilkerson and Delaware Lumber have proposed and by going this route it has eliminated a lot of paperwork. He stated that in June of next year there would be a new bandstand with music for everyone to once again enjoy.
Mr. Palmer Gillis voiced that seven out of twelve individuals in his office went to Prince Street Elementary. It has been a regular topic in the news media and persons within his office asked why the bandstand had not already been renovated. It became a natural event for them to do the project and have it completed by next summer. He noted that it would not be just his company, but the City’s resources would be used along with other resources.
Resolution No. 896 passed unanimously.
RESOLUTION NO. 893 - ACCEPTING CONTRIBUTIONS FOR CITY PARK BANDSTAND AND BRIDGE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 893 accepting contributions for City Park bandstand and bridge. Executive Officer Pick stated that the City had received a grant and numerous donations from individuals to renovate the bandstand and bridge.
Resolution No. 893 passed unanimously.
RESOLUTION NO. 894 - INCREASING MARINA FEES
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 894 increasing Marina fees. Executive Officer Pick opined that increased fees at the marina were needed to keep the high level of services. The slip holders had been involved in the fee structuring and most where in favor of the higher fees.
After discussion, Resolution No. 894 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 890 - AUTHORIZING THE APPLICATION FOR THE RENEWAL & EXPANSION OF THE SALISBURY - WICOMICO ENTERPRISE ZONE
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 890 authorizing the application for the renewal & expansion of the Salisbury - Wicomico Enterprise Zone. Grants/Special Projects Director Deborah Stam related that it had been ten years since the
Enterprise Zone was last approved. A copy of the proposed new Enterprise Zone is attached and made a part of these minutes.
After discussion, Resolution No. 890 passed unanimously.
RESOLUTION NO. 891 - ACCEPTING $49,532 IN FEDERAL FUNDS AWARDED THROUGH THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO ENHANCE COMMUNICATIONS NETWORK OF THE POLICE DEPARTMENT
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 891 accepting $49,532 in federal funds awarded through the Local Law Enforcement Block Grant to enhance communications network of the Police Department. Police Chief Allan Webster explained that this was for technological upgrades in the communications area and would be matched by the City for $5,500 in the FY 04 budget. He noted that the money could not be used until July 1, 2003.
Ms. Siggers asked how often the equipment was updated. Police Chief Webster stated that the original laptops they used in the vehicles did not last long because of vibration and a lot of use.
Resolution No. 891 passed unanimously.
RESOLUTION NO. 892 - ACCEPTING $1,000 AWARDED THROUGH A GRANT FROM TARGET CORPORATION TO PURCHASE EQUIPMENT & SUPPLIES FOR USE BY THE SALISBURY POLICE DEPARTMENT
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 892 accepting $1,000 awarded through a grant from Target Corporation to purchase equipment & supplies for use by the Salisbury Police Department. Police Chief Webster noted that the equipment would be able to use different types of video tapes for surveillance around the City.
Ms. Siggers asked if the equipment they had would be able to do the same and if there would be any occasion to have still photos taken from the tapes. Mr. Webster stated that, up until now, they have not needed to have still photos, but it would be of use in the future.
Resolution No. 892 passed unanimously.
ORDINANCE NO. 1860 - 2ND READING - FY03 BUDGET AMENDMENT REALLOCATING $50,000 IN PUBLIC WORKS DEPARTMENT FROM STREETS DIVISION TO ZOO DIVISION FOR PERIMETER FENCE RENOVATIONS
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1860 for second reading.
Public Works Director John Jacobs presented Ordinance No. 1860 to reallocate $50,000 from the Department of Public Works Highways and Streets Account to the Municipal Zoo Account for the construction of a section of zoo perimeter fence crossing the west end of the Beaverdam Creek. Mr. Jacobs explained that the fencing was necessary to keep animals in while letting the water and debris flow through during high water.
Ordinance No. 1860 for second reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 887 - TO APPROVE COMCAST RATE FILING FORMS 1240 & 1205
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 887 approving Comcast Rate Filing Forms 1240 & 1205. Attorney David Vorhis reviewed Comcast’s records and found the calculations to be in order.
After discussion, Resolution No. 887 passed unanimously.
ORDINANCE NO. 1861 - 1ST READING - AMENDING SECTIONS 2.12.020, 2.12.060 AND 2.20.010 OF THE SALISBURY MUNICIPAL CODE TO PROVIDE THAT THE DIRECTORS OF BUILDING, HOUSING & ZONING AND HUMAN RESOURCES SERVE AT THE PLEASURE OF THE MAYOR AND CITY COUNCIL
Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1861 for first reading amending Sections 2.12.020, 2.12.060 and 2.20.010 of the Salisbury Municipal Code to provide that the Directors of Building, Housing & Zoning and Human Resources serve at the pleasure of the Mayor and City Council. Mrs. Polk related that the departments had been separated because they were in the Salisbury Municipal Code and not in the Charter with the other departments. She voiced that all departments come under both the Mayor and Council, but these departments were not in the Charter -- they were placed in the Salisbury Municipal Code. She noted that this ordinance will make the language clearer and more concise and will not change any power either of the Mayor or Council.
Mr. Day stated that there was no mandate for the Charter changes from the people of Salisbury. He noted that he did not see where the Mayor’s power was diminished, but did see where the Council would have more power. He moved to table the ordinance, but no second was received.
Highlights of the public comments included:
• timing of the ordinance was wrong;
• community input needed;
• table the ordinance;
• clarify “at the pleasure of” within the Charter and Code;
• place issue on next election ballot;
• viewed as a power grab by the Council;
• shouldn’t be a rush to change Charter or Code;
• no reason to change power from Mayor as other organizations had a person at the top to make hiring/firing decisions;
• citizens not informed on the Code changes; and
• Council served at the pleasure of the citizens, not vice versa.
Mr. Day voiced that if the ordinance was passed it would change the powers and he was against the change.
Mayor Tilghman opined that this was a means to an end by eliminating a department head and wondered who would be next to come under the ax. She believed the changes being suggested gave the Council more power. Mayor Tilghman voiced that she was against the firing of Police Chief Webster and she was against the Council’s proposed changes.
Ms. Siggers opined that she had forwarded the recommendations to Local Government Insurance Trust (LGIT) to make sure that what the Council was proposing would uphold the Charter and the Salisbury Municipal Code. She hoped the citizens continued to come out to the meetings and be involved in what is going on in the City.
Mrs. Polk noted that LGIT recommended that the Council could work with the University of Maryland and the changes that were recommended were not outside what other municipalities have in their Charters.
After further discussion, Mr. Scott moved to postpone Ordinance No. 1861 for 30 days and Mr. Webster seconded. The vote was unanimous.
RESOLUTION NO. 889 - CHARTER AMENDMENT AMENDING SC3-4, SC7-1, SC7-2, SC9-1, SC10-1, SC16-1, SC17-1, SC18-1 AND SC19-1 TO PROVIDE THAT THE DIRECTOR OF FINANCE, CITY SOLICITOR & ASSISTANT CITY SOLICITORS, DIRECTOR OF PUBLIC WORKS, DIRECTOR OF PROCUREMENT, CHIEF OF POLICE, FIRE CHIEF & THE DEPARTMENT OF PARKS & PUBLIC PROPERTY DEPARTMENT HEAD SHALL SERVE AT THE PLEASURE OF THE MAYOR AND CITY COUNCIL
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 889. Since Ordinance No. 1861 was postponed for 30 days, Mrs. Polk suggested postponing Resolution No. 889 30 days.
Ms. Shanie Shields opined that the Charter needed a lot of changes as was suggested by a previous Charter Review Committee. She further suggested that there should be a Charter Review Committee to go through the Charter line for line to make all of the necessary changes at one time.
After discussion, Mrs. Polk moved to postpone Resolution No. 889 for 30 days and Mr. Scott seconded. The vote was unanimous.
RESOLUTION NO. 895 - APPROVING EPA SETTLEMENT
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 895 approving EPA settlement. Public Works Director John Jacobs stated that Resolution No. 895 finalizes an agreement between the City and the Environmental Protection Agency (EPA) on two supplemental environmental issues totaling a minimum expenditure of $30,000. The first supplemental, E-Recycling, is curbside pick-up of old computers, laptops, computer components and recycling them. The second supplemental is to augment another supplemental environment project that is already in progress by collecting floatables in the outfall of storm water on the Eastern Prong of the Wicomico River. The money will be used to fund the E-Recycling and what is left will fund the floatables. As part of the agreement with EPA, the City will pay $14,225 in cash on the settlement.
After discussion, Resolution No. 895 passed unanimously.
MAYOR’S COMMENTS
Mayor Tilghman announced that the Mayor’s roundtable meeting would be held at 9:00 a.m. on Tuesday, October 19, 2002
COUNCIL COMMENTS
Mr. Webster thanked the public for coming to the meeting and hoped that they would attend the work session on Wednesday and the next Council Meeting.
Mr. Day stated that at the Lower Eastern Shore Heritage Council dinner, Salisbury received a Certificate of Appreciation to incorporate their management plan into Salisbury’s Comprehensive Plan. He announced that on January 1 there will be $400,000 in the first round of grants to the lower three counties. Mr. Day mentioned that two out of three targeted areas for Wicomico County are in Salisbury.
Mrs. Polk thanked the public for attending the meeting and for their participation.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers stated she was concerned that there might be a volatile atmosphere, but it was everyone’s concern to share in the legislative process. She voiced that at times the events may arouse the public’s feelings, or the Council’s, but it was necessary to keep the legislative process alive. Ms. Siggers mentioned that it was a healthy process that everyone should be involved in a civil manner. She thanked everyone for attending the meeting and voicing their concerns.
With no further business, the meeting adjourned at 11:05 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 23, 2002
TIME & PLACE: 10:10 p.m., Room 305 - City/County Government Building
PURPOSE: Land acquisition for new fire station
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)
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, Fire Chief Steve Brezler, Deputy Fire Chief David See, John Tull, Mark Broyhill, Ken Gaskins, Greg Smith and Leslie Thompson
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At 10:10 p.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session for the purpose of discussing land acquisition for a new fire station as permitted under the Annotated Code of Maryland Section 10-508(a)(3). Mr. Webster seconded and the vote was unanimous.
Fire Chief Steve Brezler briefed Council on the proposal. After discussion, the Council reached a consensus and provided guidance to Chief Brezler on moving forward with the proposal.
On a motion and a second by Mr. Scott and Mrs. Polk, respectively, the closed session was adjourned at 10:37 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 23, 2002
TIME & PLACE: 10:40 p.m., Room 305 - City/County Government Building
PURPOSE: Proposal for purchase of Lot #15
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)
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 and Carol Turner
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At 10:40 p.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to discuss a proposal received for the purchase of Lot #15. Mr. Webster seconded and the vote was unanimous.
Mrs. Turner provided an overview of the proposal that was received for developing a portion of parking lot #15. After discussion, the Council reached a consensus on the proposal and provided direction to Mrs. Turner.
At 10:55 p.m., Mrs. Polk moved to adjourn the closed session. Mr. Scott seconded and the vote was unanimous.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 28, 2002
TIME & PLACE: 8:02 a.m., Room 305 - City/County Government Building
PURPOSE: Personnel matter
VOTE TO CLOSE: 4 - aye; 1 - nay
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 Attorney Paul Wilber
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At 8:02 a.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session, at the request of Mayor Tilghman, to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Scott seconded the motion. All voted in favor with the exception of Mrs. Polk who voted nay.
Mayor Tilghman presented her proposal to the Council for consideration. After discussion, a consensus was reached in agreement of the Mayor’s proposal. On a motion by Mr. Webster and seconded by Mrs. Polk, the Council unanimously voted to adjourn the closed session at 8:26 a.m.
Asst. City Clerk
Council President