CITY OF SALISBURY, MARYLAND
#2 MEETING JANUARY 27, 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, Fire Chief Stephen Brezler, Public Works Director John Jacobs, Planning & Zoning Director Jack Lenox, 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
Citizens expressed their comments on: 1) Police Chief investigation and lawsuit filed by Chief; 2) recall provision; 3) misuse of authority/power; 4) clearing streets of snow; 5) tree planting program; 6) electronic recycling program; 7) cost of renovation of sidewalk, curb and guttering at S. Division Street and College Avenue; and 8) extended appreciation for the City’s support in various downtown projects.
COUNCIL COMMENTS
Mr. Day thanked Messrs. Scott and Webster for helping bring closure to the Police Chief issue and felt it was time for the entire Council to work together with the Mayor on the various issues and projects facing the City. In regards to the recall, Mr. Day asked the City Solicitor for an opinion if there was less than a quorum left. City Solicitor Paul Wilber opined that if there was a quorum of the Council left after a recall, those individuals would make appointments for the open seats. Although his research was not finished, the City could end up in a special election if a quorum did not exist after the recall.
Mr. Scott voiced his concern with City residents being influenced by those who do not live in city limits. In his view, the recall was ridiculous, and even though he did not vote for the 4-2 legislation, he would support it. Mr. Scott related that he was not sorry he signed the agreement because the citizens of Salisbury wanted closure to the Police Chief issue.
Mr. Webster recognized the Public Works employees for their outstanding efforts, particularly those who repaired the water main breaks, and extended appreciation to the Fire Department for their excellent response to the fire at 333 Camden Avenue. He clarified that Lewis Steel donated the support steel beams for the bandstand and that Marcor Abatement Company took care of the lead paint problem. At Mr. Webster’s request, Ms. Lynn Cathcart from the Friends of the Bandstand provided an update on the bandstand fund raising efforts. In regards to the agreement, Mr. Webster explained that he came to the conclusion that there was not enough evidence to warrant any further investigation of the Police Chief after listening to all the information.
Mrs. Polk read a statement expressing her views regarding the agreement signed by Mayor Tilghman and Council members Day, Scott and Webster in the presence of the City Solicitor which only released claims by the Police Chief against the City up to January 10, 2003 (left the City unprotected for almost a two-week period) and the lawsuit which was filed the following day. Mrs. Polk believed the $400,000 lawsuit was frivolous, baseless and without merit.
Ms. Siggers reported that she did not sign the January 21st agreement and, in her opinion, it appeared to be a set-up to have the agreement through January 10 and Mrs. Polk then being sued the next day. She believed there seemed to be a strong urge among the business community, or even some of the elected officials, to have the Council reorganize. Ms. Siggers referred to two instances involving Mayor Tilghman (Mayor’s conversation involving a plan to recall Ms. Siggers overheard at MML Fall Conference and Mayor’s comments concerning receiving a briefing from Steve Bers). Ms. Siggers acknowledged that she was willing to walk the streets in her district for one month (beginning February 1) to obtain the required number of signatures for the recall petition for herself and Mayor Tilghman. After the one month period, she was willing to walk District 2 to obtain the required signatures for Councilman Day, but she was not willing to help get signatures for Council persons Polk, Scott or Webster. Ms. Siggers suggested bringing the recall issue back on a Council agenda with a three month time period. Ms. Siggers reported that the Landlord Licensing-Unit Inspection team will be meeting every Wednesday evening from 6:00 - 8:00 p.m. for the next few weeks in Conference Room 300. She pointed out that county housing issues should be directed to the Health Department, Environmental Services (Sam Scott at 410-546-4446).
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to Mr. William Deal for his heroic efforts in risking his own life and safety to rescue an individual in a house fire on December 8, 2002. Mr. Ronald Woolford and Mr. Terry Lewis were also recipients of Certificates of Appreciation for their heroic efforts in assisting occupants to safety during a structure fire on December 31, 2002. Messrs. Woolford and Lewis were not present to accept the certificates.
AWARD OF BIDS
Mr. Webster moved and Mr. Day seconded to approve the Award of Bids. The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus (old radios) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Computer (001-5310-552.70-35; unbudgeted capital)
Gateway (State of Maryland Contract). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,217.00
3. Computers (001-2405-522.70-35; 605-2610-523.70-35; unbudgeted capital)
Gateway (State of Maryland Contract) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$4,596.00
4. Contract 9-03-BT Blacktop (001-3205-532.43-18)
American Paving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$113,070.00
The above items were unanimously approved.
APPROVAL OF JANUARY 13, 2003 MINUTES
Mr. Webster moved and Mrs. Polk seconded to approve the minutes of January 13, 2003. Following Ms. Siggers’ request, Mrs. Polk moved to amend the minutes (Page 2 - Council Comments) by adding the following statement to Ms. Siggers comments:
“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.”
Mr. Wester seconded and the amendment passed unanimously. The January 13, 2003 minutes, as amended, were unanimously approved.
PUBLIC HEARING - ORDINANCE NO. 1870 - 2ND READING - AUTHORIZING BOND ISSUE ($5,525,000) FOR CAPITAL IMPROVEMENT PROJECTS
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1870 for second reading.
To address the question raised at the last meeting under Section 2, Execution, Mayor Tilghman related that the Community Development Administration did not want to change the language. Mayor Tilghman clarified that she would be empowered to make any changes in style or typos,
but any substantive change, such as terms or financial impact, would come back to Council for approval.
Finance Director John Cawley presented Ordinance No. 1870 authorizing a bond issue of $5,525,000 for the following projects: 1) new fire station land acquisition and facility design ($535,000); 2) renovation of fire station #1 ($700,000); 3) Beaver Dam Creek stabilization ($1,090,000); 4) new Public Works garage ($1,400,000); and 5) oversizing the water and sewer lines to Wor-Wic ($1,800,000). Mr. Cawley and Mr. Pick noted two housekeeping corrections on page 1 of the Ordinance in which Beaver Creek should be Beaver Dam Creek.
Mrs. Polk moved to amend Ordinance No. 1870 to change Beaver Creek to Beaver Dam Creek in the first paragraph (tenth line) and in the second Whereas paragraph (end of fourth line). Mr. Webster seconded and the amendment passed unanimously.
After receiving public input on the potential of an increase in taxes and building a new fire station on the west side of town, Ordinance No. 1870, as amended on second reading, passed unanimously.
ORDINANCE NO. 1871 - 1ST READING - REVISION OF “FAMILY” DEFINITION AND DENSITY PROVISIONS OF THE PROPERTY MAINTENANCE CODE
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1871 for first reading. City Solicitor Paul Wilber provided a briefing on Ordinance No. 1871 amending Chapter 15.24.490, General Definitions, to change the definition of a boarding house, dormitory, single-family dwelling and family, and amending Chapter 15.24.950, Occupancy Limitations, to change the number of occupants in various dwelling units.
After receiving public concern on whether the family definition from the Zoning Code was necessary in the Property Maintenance Code and questioning the definition of other terms, Mr. Scott moved to postpone Ordinance No. 1871 for discussion at a work session. Mrs. Polk seconded the motion. Ordinance No. 1871 was postponed on a 3-2 vote with Messrs. Day and Webster voting nay.
ORDINANCE NO. 1872 - 1ST READING - CLOSING OF E. LOCUST STREET FROM OAK STREET TO FRANKLIN STREET AND FRANKLIN STREET FROM E. LOCUST TO E. CARROLL STREET
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1872 for first reading. Mr. John Jacobs and Mr. Morgan Hazel (Executive Vice President - Pepsi Cola) addressed Ordinance No. 1872 proposing to close a portion of E. Locust Street and Franklin Street and to convey parcel to Pepsi-Cola Bottling Co., Salvation Army and Margaret Morris.
Ordinance No. 1872 for first reading passed unanimously.
RESOLUTION NO. 928 - INCREASING HOURLY FEE AT THE PARKING GARAGE
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 928. Resolution No. 928, as presented by Director of Procurement and Parking Carol Turner, increases the hourly fee at the parking garage from 25¢ per hour with no free time to 50¢ per hour with the first hour free.
After discussion, Mr. Webster moved and Mrs. Polk seconded to amend Resolution No. 928 by deleting the first hour free. The amendment passed on a 3-2 vote with Messrs. Day and Scott voting nay. Resolution No. 928, as amended, passed on a 4-1 vote with Mr. Scott casting the nay vote.
RESOLUTION NO. 929 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON A PROPOSED ANNEXATION - U.S. RT. 50 WEST - TODD ANNEXATION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 929. Public Works Director John Jacobs provided an overview of the U.S. Rt. 50 West - Todd Annexation property located on the northerly side of Boundary Street and the easterly side of U.S. Rt. 50. The .69 acre parcel would be zoned General Commercial upon annexation into the City. A public hearing on the proposed annexation will be scheduled for March 10, 2003.
Resolution No. 929 passed unanimously.
RESOLUTION NO. 930 - ACCEPTING GRANT FUNDS FROM EPA FOR THE WASTEWATER TREATMENT PLANT UPGRADE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 930. Public Works Director John Jacobs introduced Resolution No. 930 accepting a $4.8 million Federal Government biological nutrient removal grant to be used for the City’s wastewater treatment plant upgrade.
Resolution No. 930 was unanimously approved.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• $4.8 million grant for wastewater treatment plant upgrade - initial credit goes to environmental attorney, Paul Calamita;
• Delegate Conway reworking the $200,000 bill to use any extra funds for other projects in the City Park;
• Camden Heights meeting on January 26;
• bond issue - incumbent upon the Mayor and Council to anticipate the needs of the City and to move forward with them; and
• Public Works employees – good work they did during the snow removal.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commented on: 1) rescheduling of North Camden Traffic Process Action Team to a work session agenda; 2) proposed pavilion at Jackson Square Park in Camden Heights; and 3) other projects using POS funds in Jackson Square Park.
With no further business, the meeting adjourned at 10:23 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
FEBRUARY 5, 2003
TIME & PLACE: 9:43 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel matters
VOTE TO CLOSE: Unanimous
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
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At 9:43 p.m. in Room 305 of the City/County Government Building, Mr. Webster moved to convene in a Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Scott seconded and the vote was unanimous.
After discussion of the issues and arriving at a consensus, Mr. Webster moved to adjourn the closed session at 10:32 p.m. Mrs. Polk seconded and the vote was unanimous.
City Clerk
Council President