CITY OF SALISBURY, MARYLAND

#19 MEETING                                                                                    SEPTEMBER 23, 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, Director of Procurement & Parking Carol Turner, C.P.M., CPPB,, Police Chief Allan Webster, Deputy Public Works Director Chip Messick, 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 inserting Resolution No. 886 as an emergency item (approving a lease agreement with Wicomico Transit to locate bus shelters on city property) after the discussion of the East Side Men's Club property tax credit request. Mr. Scott seconded the motion. All voted in favor of the amendment with the exception of Mr. Scott who was not present during the vote. The agenda, as amended, passed on a 4-0 vote (Mr. Scott absent during the vote).

PUBLIC COMMENTS

Mr. Gene Groten expressed concern with the ruts on College Avenue and in front of Burnett-White. Ms. Debbie Campbell hoped that Council had copies of the Macomb, Illinois successes concerning the reduction of density. She reported that they had been working with Building, Housing and Zoning regarding certain properties which are in violation of the current Code.

Mr. Robert Taylor mentioned that it has been illegal to rent rooms for about two years. Mr. Taylor asked that the public have advance notice of the work sessions to discuss the rental housing issue.

In response to Mr. Kenneth Holland's query, Mayor Tilghman reported that the Code provision for renting rooms was changed a few years ago when the Council considered the group domiciliary care homes issue.

AWARD OF BIDS

Mrs. Polk moved and Mr. Webster 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-
       Horse (Clipper) Mounted Patrol
        Police vehicles for trade-in
2.    Stryker MX-Pro Stretcher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,796.00
       (605-2610-523.70.30; unbudgeted capital outlay)
       Stryker EMS
3.    Contract No. 10-02-PLX; Change Order No. 1. . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,053.60
       Marina Parking Lot expansion (603-5810-532.70-38)
       I. A. Construction
4.    Contract No. 12-99-W; Change Order No. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . $12,864.00
       Paleo Well No. 1 Well & Pump Rehabilitation (601-3705-532.70-20)
       American Water Well Systems, Inc.
5.    Contract No. 102-03. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $18,542.00
       City vehicles & trucks (001-2910-524.70-30); over budget
       Hertrich Fleet Services

Item #1 - approved unanimously
Item #2 - approved unanimously pending verification of funds
Item #3 - approved unanimously pending verification of funds
Item #4 - approved unanimously
Item #5 - approved unanimously

APPROVAL OF SEPTEMBER 9, 2002 MINUTES

On a motion by Mrs. Polk and seconded by Mr. Webster, the minutes of September 9, 2002 were unanimously approved.

ORDINANCE NO. 1858 - 2ND READING - AUTHORIZING MARGARET COLLINS TO OPERATE A DAY CARE CENTER ON 768 S. DIVISION STREET

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1858 for second reading. Mrs. Gloria Smith from the Planning and Zoning Department provided a brief overview of the Ordinance Permit request to operate a day care center on 768 S. Division Street in an R-8 Residential District. A favorable recommendation was forwarded by the Planning Commission to the City Council.

Ordinance No. 1858 for second reading passed unanimously.

ORDINANCE NO. 1859 - 2ND READING - EXTENDING MORATORIUM ON THE CONVERSION OF SINGLE-FAMILY RESIDENCES TO RENTAL USE

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1859 for second reading. Ordinance No. 1859, as addressed by City Solicitor Paul Wilber, continues the moratorium on the conversion of single-family residences to rental use for an additional two months to allow the City Council to study Planning and Zoning's recommendations to and implement new legislation.

After discussing whether to extend the moratorium for more than two months to allow sufficient time to thoroughly review the recommendations, Mr. Day moved to amend Ordinance No. 1859 by extending the moratorium for three months instead of two months. Mrs. Polk seconded and the amendment passed on a 4-1 vote with Mr. Webster casting the nay vote. Ordinance No. 1859, as amended for second reading, passed on a 4-1 vote (Mr. Webster voted nay).

ORDINANCE NO. 1860 - 1ST READING - FY03 BUDGET AMENDMENT REALLOCATING $50,000 IN PUBLIC WORKS DEPARTMENT FROM STREETS DIVISION TO ZOO DIVISION FOR PERIMETER FENCE RENOVATIONS

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1860 for first reading. Deputy Public Works Director Chip Messick 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 Beaverdam Creek.

Ordinance No. 1860 for first reading passed unanimously.

RESOLUTION NO. 881 - APPOINTMENTS TO BOARD OF ZONING APPEALS

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 881. Mayor Barrie Tilghman recommended the following appointments to the Board of Zoning Appeals:

                                    Name                                         Term Expires
                            Patricia Layton                                   October 2004
                            Thomas Arceneaux                            October 2004
                            Daniel Baker                                      October 2004
                            Dave Rainey                                      October 2003
                            Robb Johnson                                    October 2003

Mayor Tilghman also recommended that Robert Hutchinson be appointed as an alternate for a term expiring October 2005.

It was noted that Mr. Johnson did not reside in City limits (recently moved), although city residency was not required by Code. After discussion, Mrs. Polk moved and Mr. Scott seconded to amend Resolution No. 881 by removing Mr. Johnson's name from the list of appointees. All voted in favor with the exception of Mr. Day who voted nay. Resolution No. 881, as amended, passed unanimously.

RESOLUTION NO. 885 - AUTHORIZING SALISBURY POLICE CHIEF TO SIGN REVISED WICOMICO COUNTY NARCOTICS TASK FORCE AGREEMENT

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 885. Police Chief Allan Webster presented Resolution No. 885 authorizing the Salisbury Police Chief to sign a modified agreement of the Wicomico County Narcotics Task Force between the Maryland State Police, the Salisbury Police Department, the Wicomico Sheriff's Department, the Fruitland Police Department, and the Wicomico County State's Attorney's Office. The agreement was modified to provide for bi-monthly meetings instead of monthly meetings (page 3, Section V.,B) and to reference Criminal Procedure Article, §12 of the Annotated Code of Maryland instead of Article 27, §297 (pages 9 and 10, Section VIII).

Resolution No. 885 passed unanimously.

EAST SIDE MEN’S CLUB PROPERTY TAX CREDIT REQUEST

Mr. Webster moved and Mrs. Polk seconded to approve the East Side Men's Club property tax credit request. Mr. Jerry Gardner, Secretary of the East Side Men's Club, presented the Club's property tax credit request.

After a brief discussion, the Council unanimously approved the East Side Men's Club property tax credit request.

RESOLUTION NO. 886 - APPROVING LEASE AGREEMENT WITH WICOMICO TRANSIT TO LOCATE BUS SHELTERS ON CITY PROPERTY

Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 886. Executive Officer John Pick reviewed Resolution No. 886 approving a lease agreement with Wicomico Transit to locate three bus shelters on City property for a term of two years and 364 days ($1 per year).

Resolution No. 886 passed unanimously.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

  • receiving Program Open Space funding for continuation of the Riverwalk;
  • Compact meeting -- kickoff to the season with good participation from neighborhood residents and students; and
  • Community Legacy's site visit last week.

    COUNCIL COMMENTS

    Mr. Day mentioned that the Mayor and Council received a thank you letter signed by twenty-four downtown business persons regarding the parking spaces in front of the Courthouse. Mr. Day hoped that interested nonresidents living near the City have an opportunity to serve on various City boards and commissions.

    Mr. Scott thanked the public for attending. Mr. Webster complimented Mayor Tilghman and her staff for obtaining the Open Space funding for the Riverwalk. He reported that the effort to rebuild the City Park Bandstand was moving forward. Mr. Webster hoped that paving would soon be done on Hammond and Priscilla Streets.

    Mrs. Polk inquired about a red light camera sign at the junction of Beaglin Park Drive and Mt. Hermon Road.

    COUNCIL PRESIDENT WRAP-UP

    Ms. Siggers commented on the following issues:

  • parking spaces in front of the Courthouse - would have appreciated Council being part of the process;
  • disruption at Westside Community Meeting by persons who did not reside in that area;
  • residents in Riverside Drive area shared concerns that curbing is not conducive for disabled persons to go
       on/off sidewalks; and
  • curbing along Cypress and Isabella Streets in bad repair.

    With no further business, the meeting adjourned at 8:40 p.m.
     

    CITY OF SALISBURY, MARYLAND
    CLOSED EXECUTIVE SESSION
    SEPTEMBER 26, 2002

    TIME & PLACE:                8:48 a.m., Room 305 - City/County Government Building
                                               10:30 a.m., Room 305 - City/County Government Building
    PURPOSE:                         Personnel hearing
    VOTE TO CLOSE:            8:48 a.m. - Unanimous
                                               10:30 a.m. - 4-0 (Mr. Day not present)
    CITATION:                        Annotated Code of Maryland Section 10-508(a)(1)
    PRESENT:                          Council President Lavonzella Siggers, Council Vice President Joseph Scott,
                                                Councilman Michael Day (left at 10:25 a.m.), Councilwoman Rachel Polk,
                                                Councilman C. T. Webster, Assistant City Clerk Mary Church,
                                                City Solicitor Paul Wilber, Fire Chief Steve Brezler, David Bodley,
                                                Larry Dodd, Charles Hastings, David See, Steve Grogan,
                                                Shirley Reddish, Jerry Bennett
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    At 8:48 a.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session for the purpose of conducting a personnel hearing as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Scott seconded and the vote was unanimous.

    At 9:23 a.m., upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the Council unanimously voted to adjourn the hearing to allow time for additional witnesses to appear. The Council reconvened at 10:30 a.m. upon a motion and a second by Mrs. Polk and Mr. Webster (all voted aye with the exception of Mr. Day who was not present).

    After receiving all the testimony, the personnel hearing adjourned at 3:37 p.m. upon a motion by Mrs. Polk and seconded by Mr. Scott.
     

    CITY OF SALISBURY, MARYLAND
    CLOSED EXECUTIVE SESSION
    OCTOBER 8, 2002

    TIME & PLACE:                    8:45 a.m., Room 305 - City/County Government Building
                                                   11:32 a.m., Room 305 - City/County Government Building
    PURPOSE:                             Personnel hearing
    VOTE TO CLOSE:                8:45 a.m. - 4-0 (Ms. Siggers not present during vote to close)
                                                   11:32 a.m. - 4-0 (Mr. Webster not present during vote to close)
    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,
                                                  City Solicitor Paul Wilber, Public Works Director John Jacobs,
                                                  Howard Landon, Paula Rose, Deborah Brockenbrough, Marshal Corbin
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    At 8:45 a.m. in Room 305 of the City/County Government Building, Mr. Webster moved and Mrs. Polk seconded to convene in Closed Executive Session for the purpose of conducting a personnel hearing as permitted under the Annotated Code of Maryland Section 10-508(a)(1). The vote was 4-0. (Ms. Siggers arrived at 8:48 a.m. and was not present during the vote to close.)

    After the opening statement by Mr. Wilber and the presentation of evidence by Mr. Jacobs, the Council adjourned the hearing at 9:16 a.m. in order to have an opportunity to read the documentation that was distributed.

    At 11:32 a.m., upon a motion and a second by Mrs. Polk and Mr. Day, respectively, the Council reconvened the personnel hearing on a 4-0 vote (Mr. Webster arrived after the vote was taken).

    After receiving all the testimony, the personnel hearing adjourned at 2:48 p.m. upon a motion by Mrs. Polk and seconded by Mr. Scott.
     
     

    ______________________
    City Clerk
     
     

    ______________________
    Council President

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    Salisbury, MD 21801-4940
    mchurch@ci.salisbury.md.us