CITY OF SALISBURY, MARYLAND
SPECIAL MEETING APRIL 4, 2003
PRESENT
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, and interested Citizens and Members of the Press.
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The City Council met in a special session at 5:00 p.m. in Room 301 of the City/County Government Building. Council President Siggers called the meeting to order.
RESOLUTION NO. 953 - APPROVING A RECIPROCITY AGREEMENT WITH SALISBURY FIRE COMPANY, NO. 2, INC.
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 953. Mr. Robin Cockey, attorney for Salisbury Fire Company, No. 2, Inc. reviewed the various segments of the reciprocity agreement contained in Resolution No. 953.
City Solicitor Paul Wilber provided an overview of his analysis of the reciprocity agreement (copy attached and made a part of the minutes). Mr. Wilber opined that a resolution of this type must be signed by the mayor and any agreement of this nature must be signed by the mayor. He suggested that Council not pass Resolution No. 953 because he believed it was flawed in both content and procedurally.
A discussion ensued on whether Mayor Tilghman’s signature was required on resolutions. Mr. Wilber referred to SC2-16 of the Charter. Mrs. Polk, however, pointed out that Charter Sections SC2-11 and SC2-12 do not refer to resolutions – only ordinances to be presented to the mayor for approval or disapproval. In her opinion, there was no Charter provision if the mayor failed to sign a resolution. Ms. Siggers referenced Charter sections SC2-15 and SC3-4 which indicated in her view that the Council was acting within its authority.
Mr. Webster voiced that he could not support Resolution No. 953 until all efforts to resolve the problems were taken. He suggested having a work session as soon as the mayor arrived back in town. Based on what he had seen and heard over the last 8-10 days, Mr. Scott believed Station 2 volunteers needed an agreement. Even though this wasn’t a perfect agreement, it was a starting point. Mr. Day thought more negotiations were needed using a neutral party in order to come to the best agreement. Mrs. Polk supported Resolution No. 953. It was a starting point and could be modified as needed.
Executive Officer John Pick related that Mayor Tilghman was opposed to Resolution No. 953 because it was not in the best interest of the City or the Fire Department. Mayor Tilghman also shared Mr. Wilber’s opinion that, in order for the reciprocity agreement to be valid, it would require the agreement of the mayor and Council because the mayor and Council constitute the City.
Mr. Webster moved and Mr. Day seconded to postpone Resolution No. 953 in order to discuss it with the mayor at a special work session early next week. The motion failed to pass on a 2-3 vote with Messrs. Day and Webster casting the two assenting votes.
After further discussion, including the Notice (indicating that terms/conditions of agreement do not go into effect until mayor signs agreement) sent by Acting Fire Chief David See, Ms. Siggers suggested changing the first sentence on page 4 under the Formalities section by deleting “as reflected by the signature, below, of its President, Lavonzella Siggers; the City expressly represents no other formalities are necessary to bind the City.” In her opinion, the language was unnecessary. Mrs. Polk moved and Mr. Scott seconded to amend page 4, first sentence of the Formalities section, by deleting “as reflected by the signature, below, of its President, Lavonzella Siggers; the City expressly represents no other formalities are necessary to bind the City.” The amendment passed on a 3-2 vote with Mr. Day and Mr. Webster voting nay.
Resolution No. 953, as amended, passed on a 3-2 vote with Messrs. Day and Webster voting nay.
With no further business, the meeting adjourned at 9:08 p.m.
City Clerk
Council President