CITY OF SALISBURY, MARYLAND
#21 MEETING OCTOBER 28, 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, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, Police Chief Allan Webster, 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.
Mr. Webster moved to amend the agenda by deleting Resolution No. 901 (approving BNR agreement), adding as emergency items Ordinance No. 1863 (budget amendment for Chemical Translator Study) and Resolution No. 902 (Urban Salisbury lease agreement for Park and Flea) and, if needed, for Mr. Tom Becker to address Urban Salisbury’s request concerning the disposition of the upper half of parking lot #1 in the Award of Bids. Mr. Day seconded and the amendment passed unanimously. Resolution No. 902 and Ordinance No. 1863 were to be addressed after the discussion of the manufacturing exemption request for Harvard Custom Manufacturing.
Upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, the Council unanimously voted to add a closed session to the agenda to discuss a personnel matter.
The agenda, as amended, was unanimously approved.
At 7:10 p.m., the Council convened in a Closed Executive Session and reconvened in open session at 7:37 p.m.
ANNOUNCEMENT
Ms. Siggers welcomed the Boy Scouts from Troop 817 who were attending the Council meeting toward earning their Community Merit Badge.
PUBLIC COMMENTS
Highlights of the public comments included:
• Ordinance No. 1862 – questioned if Council was aware of FOP’s efforts, where would the City get the money if the ordinance was challenged, and why wasn’t this looked into before passing the ordinance;
• Park and Flea was a good thing for the City;
• questioned why an independent counsel was hired and where the money was coming from;
• concerned with amount of money being spent on the investigation; and
• asked Mayor and Council not to be confused with the two text amendments proposed by the Planning Commission.
AWARD OF BIDS
Mr. Webster moved and Mrs. Polk seconded to approve the Award of Bids individually. The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
City parking lots #11, #12, #1, portions of Market Street
2. Computer for parking garage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,500.00
(101-3220-532.70-35; unbudgeted capital outlay)
Whitaker Brothers, Inc.
3. Bond Counsel services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,250.00
(N/A)
Funk & Bolton
Item #1 was approved on a 4-1 vote (Ms. Siggers voted nay)
Items #2 and #3 were unanimously approved.
APPROVAL OF OCTOBER 14, 2002 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the minutes of October 14, 2002 were unanimously approved.
APPROVAL OF SPECIAL MEETING MINUTES OF OCTOBER 18, 2002
The Special Meeting minutes of October 18, 2002 were unanimously approved upon a motion and a second by Mrs. Polk and Mr. Webster, respectively.
PRESENTATION OF AUDIT
Mr. Karl Silex, from the auditing firm of Wooden & Benson, provided a briefing on the City’s financial statements as of June 30, 2002.
RESOLUTION NO. 897 - SUPPORTING NEIGHBORHOOD PARTNERSHIP PROGRAM PARTICIPATION FOR THE WELLNESS COMMUNITY-DELMARVA
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 897. Executive Officer John Pick presented Resolution No. 897 supporting the Wellness Community-Delmarva’s project to secure donations toward and the implementation of a marketing and outreach program designed to strengthen the health and well-being of cancer patients and their loved ones.
Resolution No. 897 passed unanimously.
RESOLUTION NO. 898 - SUPPORTING NEIGHBORHOOD PARTNERSHIP PROGRAM PARTICIPATION FOR THE EXCEL SCIENCE MUSEUM
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 898. Resolution No. 898, as briefed by Executive Officer John Pick, supports the Excel Interactive Science Museum’s project to develop teaching modules for science teachers and approving their participation in the Neighborhood Partnership Program.
Resolution No. 898 passed unanimously.
RESOLUTION NO. 899 - AUTHORIZING DONATION OF RIGHT-OF-WAY FOR RT.13/CHURCH STREET WIDENING
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 899. City Solicitor Paul Wilber explained that Resolution No. 899 approves the transfer of a strip of land (.34 acres) to the State of Maryland for the expansion of turn lanes on Church Street and U.S. Route 13. The expansion is for a public purpose and promotes traffic safety in the City.
Resolution No. 899 passed unanimously.
RESOLUTION NO. 900 - CREATING RESIDENTIAL PERMIT PARKING DISTRICT ON TANEY AVENUE
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 900. Director of Procurement & Parking Carol Turner provided an overview of Resolution No. 900 establishing a separate permit parking zone on the block of Taney Avenue from 1103 to Druid Hill Avenue, and the block of Taney Avenue from Druid Hill Avenue to West College Avenue, including 1113 Taney Avenue, on both sides of the street, with no stated time limits.
Resolution No. 900 passed unanimously.
REQUEST FOR ANNEXATION - “U.S. ROUTE 50 WEST - TODD”
Director of Public Works John Jacobs presented the annexation request of Thomas E. and Mary Jane Todd to annex their property, approximately .69 acres, located along the northerly side of Boundary Street and the easterly side of U.S. Route 50 West. The property is currently zoned I-2 Heavy Industrial under Wicomico County zoning regulations. Upon annexation into the City, the property would be zoned General Commercial.
The Council gave a consensus to move forward with an annexation Resolution.
MANUFACTURING EXEMPTION REQUEST - HARVARD CUSTOM MANUFACTURING
Mrs. Polk moved and Mr. Webster seconded to approve the manufacturing request for Harvard Custom Manufacturing. Finance Director John Cawley recommended that Harvard Custom Manufacturing be granted an exemption from personal property tax for their equipment purchased in 2001. Over the next five years, the company would benefit from the exemption by a total savings of $29,155 in personal property tax.
The manufacturing exemption request for Harvard Custom Manufacturing was unanimously approved.
RESOLUTION NO. 902 - APPROVING A LEASE AGREEMENT WITH URBAN SALISBURY FOR THE USE OF A PART OF THE CITY PARKING GARAGE TO CONDUCT FLEA MARKETS
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 902. Executive Officer John Pick reviewed the changes made from the previous lease agreement with Urban Salisbury.
After a brief discussion, Mrs. Polk moved to amend the lease to include language forbidding the idling of engines. Mr. Day seconded and the amendment passed unanimously. Mr. Webster moved and Mr. Scott seconded to amend the lease by reducing the contract period from two years to one year. All voted in favor with the exception of Ms. Siggers’ nay vote. Resolution No. 902, with the amendments in the lease agreement, passed unanimously.
ORDINANCE NO. 1863 - 1ST READING - FY03 WATER AND SEWER FUND BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR THE WASTEWATER TREATMENT PLANT CHEMICAL TRANSLATOR STUDY
Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1863 for first reading. Director of Public Works John Jacobs presented Ordinance No. 1863 amending the FY03 Water and Sewer Fund Budget to appropriate $120,000 for the Wastewater Treatment Plant Chemical Translator Study.
Ordinance No. 1863 for first reading passed unanimously.
MAYOR’S COMMENTS
Highlights of Mayor Tilghman’s comments included:
• hoped that Council had reviewed her note and the letter from LGIT;
• upcoming City Park neighborhood meeting at the Zoo’s Education Building;
• Carol Turner earning recertification designation as Certified Purchasing Manager; and
• Wednesday, October 30, 2002 work session at 6:15 p.m. to discuss housing density issue in single-family neighborhoods.
COUNCIL COMMENTS
Mr. Webster mentioned that the Council would be discussing the housing issue for the first time this week and that input from the community would be appreciated. Mr. Scott thanked the public for attending and staying for the duration. Mr. Day appreciated the lease for the continuation of the Park and Flea and commented on the grand opening of a new business in the Seasons Best building. Mrs. Polk acknowledged that the Council had received LGIT’s letter and that the comments made at the October 14, 2002 Council meeting were being sent to LGIT.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commended Councilman Day and Councilman Webster for their energy put forth for the Park and Flea. Ms. Siggers related that a tape of the comments made at the October 14, 2002 meeting was forwarded to LGIT to the attention of Sherri Butler.
With no further business, the meeting adjourned at 9:28 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 28, 2002
TIME & PLACE: 7:10 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: 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 7:10 p.m. in Room 301 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session for the purpose of discussing 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 discussion and providing direction on moving forward, the Council unanimously voted to adjourn the closed session at 7:37 p.m. upon a motion and a second by Mr. Scott and Mr. Webster, respectively.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
NOVEMBER 5, 2002
TIME & PLACE: 2:50 p.m. - Room 305 City/County Government Building
PURPOSE: Personnel matter - consult with legal counsel
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(7)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove, Steven Bers
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At 2:50 p.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss a personnel matter with legal counsel as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mrs. Polk seconded and the vote was unanimous.
After receiving the briefing by legal counsel, Steven Bers, on the personnel matter, the Council adjourned the closed session at 6:45 p.m. upon a motion and a second by Mrs. Polk and Mr. Scott, respectively.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
NOVEMBER 6, 2002
TIME & PLACE: 6:15 p.m. - Room 305 City/County Government Building
PURPOSE: Personnel matter
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)
PRESENT: Mayor Barrie P. Tilghman (left at 6:28 p.m.), Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove, City Solicitor Paul Wilber (arrived at 6:35 p.m.)
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At 6:15 p.m. in Room 305 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.
Mayor Tilghman addressed a few issues resulting from her briefing with legal counsel Steve Bers. After discussion and receiving input from City Solicitor Paul Wilber, the Council reached a consensus on moving forward.
On a motion and a second by Mr. Scott and Mrs. Polk, respectively, the Council adjourned the closed session at 7:40 p.m.
City Clerk
Council President