AS AMENDED ON JANUARY 27, 2003
CITY OF SALISBURY, MARYLAND
#1 MEETING JANUARY 13, 2003
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, CPPB, C.P.M., 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.
On a motion by Mr. Webster and seconded by Mrs. Polk, the agenda as presented was unanimously approved.
PUBLIC COMMENTS
Highlights of citizen comments included: 1) the proposed Charter amendments (i.e., postpone taking action, reject proposed amendments, consider one issue at a time rather than all at once, place referendum question on November ballot); 2) recall petition; 3) police chief issue; 4) traffic calmers by Library; 5) tree planting program; 6) Recycling Task Force recommendations for multi-family dwellings; 7) status of parking garage project; and 8) encouraged people to attend meetings, view meetings on Access 26 and read the documents on the web site.
REVIEW OF SELECTED PROVISIONS OF THE SALISBURY CHARTER
For the benefit of the public, Mrs. Polk read the report (Review of Selected Provisions of the Salisbury Charter) submitted by the Institute for Governmental Service. A copy is attached and made a part of the official minutes.
COUNCIL COMMENTS
Mr. Webster welcomed Access 26 viewers from Laurel and Seaford, Delaware, encouraged the public to continue to participate in all City issues, and commented that the recall process would be decided by the taxpayers of the City of Salisbury.
Mr. Scott related that he would make every effort to get along with the mayor for the benefit of the City even though they may not agree on all issues. In regards to the recall, Mr. Scott cautioned the citizens to be aware of what they were doing when signing the petition.
Mr. Day believed the public did not have enough time to digest the information on the proposed Charter amendments. He suggested forming a citizen review committee to look at the Charter before making any changes.
Mrs. Polk mentioned that the Review of Selected Provisions of the Salisbury Charter report was a result of the Council suggesting that an independent body who had experience with municipal charters review certain sections of Salisbury’s Charter.
Ms. Siggers explained that the information regarding the Charter changes was made available via the web site, Mayor’s office, City Council’s office, City Clerk’s Office, and through the monitor this evening. Ms. Siggers pointed out that it would not be appropriate to pass all the Charter changes at one time, but it was an opportunity to be introduced all at once so the public would be aware of upcoming proposals. As for personnel matters, as much information that could be disclosed would be disclosed to the public.
CERTIFICATE OF APPRECIATION
Mayor Tilghman read a Certificate of Appreciation recognizing Mr. William Deal’s heroic efforts in risking his own life and safety to rescue an individual in a house fire on December 8, 2002. Mr. Deal was not present to receive the certificate.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. The following items were presented by Ms. Carol Turner:
1. Declaration of Surplus (Salisbury Police Weapon) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
2. Declaration of Surplus (Public Works Pick-up Truck) . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
The above items were unanimous approved.
APPROVAL OF DECEMBER 16, 2002 MINUTES
On a motion by Mr. Webster and seconded by Mrs. Polk, the December 16, 2002 minutes were unanimously approved.
RESOLUTION NO. 923 - CHARTER AMENDMENT - AMENDING THE CHARTER TO 1) SET FORTH THE DEPARTMENT HEADS AND OFFICERS SUBJECT TO TERMINATION FOR CAUSE; 2) PROVIDE FOR TERMINATION OF CONTRACTUAL DEPARTMENT HEAD WITH OR WITHOUT CAUSE; 3) PROVIDE FOR APPROVAL OF EMPLOYMENT CONTRACTS BY THE COUNCIL; 4) REQUIRE SUBMISSION OF RECALL PETITIONS WITHIN TWENTY DAYS OF RECEIPT FROM THE CITY CLERK; 5) PERMIT REMOVAL OF THE CITY SOLICITOR BY VOTE OF THE MAYOR AND A MAJORITY VOTE OF THE COUNCIL; AND 7) CORRECT A CHARTER REFERENCE IN SC2-7
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 923. Mrs. Polk reported that it was brought to her attention this afternoon that the items contained in Resolution No. 923 should be addressed separately per State law. Mrs. Polk moved to amend Resolution No. 923 by only including item #1, setting forth the department heads and officers subject to termination for cause, and to consider item #7, correcting a Charter reference in SC2-7, in a separate Charter amendment. The other items would be considered at a later date. Mr. Webster seconded the motion. The City Clerk assigned Resolution No. 927 for discussion of the Charter reference (SC2-7) correction.
Mrs. Polk requested that the Institute for Governmental Service (IGS) address the recall provision in the Charter and submit a recommendation to Council. Ms. Siggers suggested including other items that should be addressed to save on cost.
On the vote to amend Resolution No. 923, the amendment passed on a 4-1 vote with Mr. Day casting the nay vote.
Mr. Day moved to postpone Resolution No. 923 in order to discuss at a work session. Mr. Webster seconded but withdrew his second after a brief discussion. Mrs. Polk explained that the proposed Charter amendment adds that the department head of Building, Housing and Housing, Purchases and Sales, Parks and Public Property, Human Resources, the Executive Officer and the City Clerk may be terminated for cause so that they will not be subjected to the political composition of a new Council or mayor. The change was based on the recommendation from IGS.
Highlights of public comments included: 1) citizens should be involved in process; 2) changes should be reviewed by independent board; and 3) put on ballot as referendum question.
Mayor Tilghman stated her position on the proposed Charter changes (i.e., changes did not arise from public dialogue) and the Police Chief personnel issue (i.e., McCarthy-style witch hunt).
Even though Charter changes were discussed a few months ago, Mr. Day related that these particular changes were not discussed in a work session by Council. Mr. Webster was willing to consider putting the changes on a work session. Mr. Scott believed there was a lot of confusion on the proposed amendments and wasn’t sure he was ready to act on them. Mrs. Polk believed that a new Council would have the same problems facing them as did the last three Councils. The effort to bring clarity to the Charter was to eliminate the confusion that has prevailed in the City over the last three Councils. Ms. Siggers voiced her concern that the public did not appear to want to listen to the Council and commented that the Council had been working together to address issues including the Police Department matter.
Highlights of further public comments/questions included: 1) validity of anonymous letters; 2) status of Police Chief investigation; 2) opposed Charter changes – not in best interest of the City; and 3) factual documentation regarding the Police Department.
After further discussion, including the proposed twenty-day provision for a recall petition, Mr. Day moved to postpone Resolution No. 923, as amended, in order to discuss at a work session. Mr. Webster seconded the motion.
The Council took a break at 9:42 p.m. and reconvened at 9:56 p.m. On the vote to postpone Resolution No. 923, as amended, Messrs. Day, Scott and Webster voted aye. Mrs. Polk voted nay. Ms. Siggers did not vote.
RESOLUTION NO. 927 - CHARTER AMENDMENT - CORRECTING A CHARTER REFERENCE IN SC2-7
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 927. Mr. Day moved to postpone Resolution No. 927 for discussion in a work session. Mr. Webster seconded the motion. The motion passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
ORDINANCE NO. 1869 - 1ST READING - AMENDING CHAPTER 2.12, DEPARTMENT OF BUILDING, HOUSING AND ZONING, TO PROVIDE THAT THE DIRECTOR SHALL BE TERMINATED SUBJECT TO PROVISIONS OF SC2-10, AND TO CLARIFY LANGUAGE IN SECTION 2.12.040 DEPARTMENT OF BUILDING, HOUSING AND ZONING AND CHAPTER 2.20, HUMAN RESOURCES DEPARTMENT
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1869 for first reading. Mr. Day moved and Mr. Webster seconded to postpone Ordinance No. 1869 for discussion in a work session. The motion passed on a 4-1 vote with Mrs. Polk voting nay.
ORDINANCE NO. 1870 - 1ST READING - AUTHORIZING BOND ISSUE ($5,525,000) FOR CAPITAL IMPROVEMENT PROJECTS
Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1870. Finance Director John Cawley addressed Ordinance No. 1870 authorizing a bond issue up to $5,525,000 for the following capital improvement projects: 1) new fire station land acquisition and facility design ($535,000); 2) renovation of fire station #1 ($700,000); 3) new public works garage ($1,400,000); 4) Beaver Creek stabilization ($1,090,000); and Wor-Wic water and sewer project ($1,800,000). The electronic bids for the bond will take place on March 5, 2003.
City Solicitor Paul Wilber will contact the bond counsel for the Community Development Administration to determine if language could be included to ensure that the Council is notified of any modifications to the program documents.
After further discussion, Ordinance No. 1870 for first reading passed unanimously.
RESOLUTION NO. 911 - APPROVING ANNEXATION INVENTIVE POLICY
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 911. Executive Officer John Pick presented Resolution No. 911 and provided an overview of the proposed annexation incentive policy.
After discussing the terminology of “may” vs. “will” to offer incentives for annexation and Ms. Siggers expressing her non-support of the proposed policy, Resolution No. 911 passed on a 4-1 vote.
RESOLUTION NO. 924 - APPOINTMENT TO CENTRAL CITY DISTRICT COMMISSION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 924. Mayor Tilghman recommended the appointment of Frank J. Ward, III to the Central City District Commission for a term ending September 2005.
All voted in favor of Resolution No. 924 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 925 - APPOINTMENTS TO ZOO COMMISSION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 925. Mayor Tilghman recommended the following appointments to the Zoo Commission:
Name Term Expiring
Ronald G. Alessi, Sr. December 31, 2003
Randall H. Romblad December 31, 2003
George J. Mengason December 31, 2003
Paul Kratzer December 31, 2004
Margot Hall December 31, 2004
Samuel M. Walker December 31, 2005
Roland Leimann December 31, 2005
Carol Bradley December 31, 2005
Michael Day at the pleasure of the City Council
Resolution No. 925 was unanimously approved.
RESOLUTION NO. 926 - CHANGING OPERATIONAL HOURS AT THE MARINA
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 926. Executive Officer John Pick introduced Resolution No. 926 and reviewed the proposed changes to the operational hours at the Marina.
After a brief discussion, Resolution No. 926 passed unanimously.
MANUFACTURING EXEMPTION REQUEST - WHEATON PHARMATECH
Mrs. Polk moved and Mr. Webster seconded to approve the manufacturing request of Wheaton Pharmatech. Finance Director John Cawley recommended that Wheaton Pharmatech be granted an exemption from personal property tax for equipment purchased in 2001. Over the next five years, a maximum of $73,594 in taxes would be waived.
Wheaton Pharmatech’s manufacturing exemption request was unanimously approved.
MANUFACTURING EXEMPTION REQUEST - VPI MIRREX
Mrs. Polk moved and Mr. Webster seconded to approve the manufacturing exemption request of VPI Mirrex. Finance Director John Cawley recommended that VPI Mirrex be granted an exemption from personal property tax on equipment purchased in 2001. Over the next five years, the company would save $11,301 in taxes.
The manufacturing exemption request for VPI Mirrex was unanimously approved.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• VPI Mirrex’s expansion; and
• scheduling of neighborhood meetings.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers reported that funds were available for a pavilion at the Jackson Square Park (Camden Heights neighborhood) and that most of the persons to serve on a landlord licensing/rental unit inspection committee had been identified.
With no further business, the meeting adjourned at 11:20 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JANUARY 21, 2003
TIME & PLACE: 2:38 p.m., Room 305 - 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 Solicitor Paul Wilber
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At 2:38 p.m. in Room 305 of the City/County Government Building, Mr. Webster moved to convene in Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Scott seconded and the vote was unanimous.
After discussion, including a proposal submitted by Mayor Tilghman, the Council reached a consensus on moving forward. At 3:30 p.m., upon a motion and a second by Mrs. Polk and Mr. Webster, respectively, the closed session adjourned.
City Clerk
Council President