AS AMENDED ON JULY 28, 2003
CITY OF SALISBURY, MARYLAND
#13 MEETING July 14, 2003
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilman Michael Day
ABSENT
Councilman C. T. Webster
IN ATTENDANCE
Assistant City Clerk Mary Church, Executive Officer John Pick, Attorney Newt Jackson, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Director of Planning & Zoning Jack Lenox, Director of Human Resources Ed Cox, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in a regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
Mrs. Polk moved to amend the agenda by adding as an emergency item Resolution No. 990, accepting funds awarded through a grant from United States Department of Agriculture Rural Business Enterprise Grant Funds for technical assistance and establishing a revolving loan fund in the City of Salisbury. Mr. Day seconded and the amendment passed unanimously.
Upon a motion and second by Mrs. Polk and Mr. Day, respectively, the agenda, as amended, was unanimously approved.
APPROVAL OF JUNE 26, 2003, MINUTES
Mrs. Polk moved and Mr. Day seconded to approve the June 26, 2003 minutes. The June 26, 2003 minutes, were unanimously approved.
AWARD OF BIDS
Mr. Day moved and Mrs. Polk seconded to approve the Award of Bids as a group. The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus
City Auction Items..............................................................................................-0-
2. Declaration of Surplus
Fire Department Radios.....................................................................................-0-
3. Declaration of Surplus
Fire Department Hoses......................................................................................-0-
4. Contract No. 09-04-BT
Citywide Blacktop
(001-3205-532.43-18)
ICD....................................................................................................$143,792.00
5. Contract No. A-07-04
Citywide Curb, Gutter & Sidewalk
(001-3205-532.43-18; 104-3250-532.43-07)
Malone & Phillips..............................................................................$218,883.75
All items were approved unanimously.
RESOLUTION NO. 987 - APPROVING PARTICIPATION IN THE METROPOLITAN PLANNING ORGANIZATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 987. Planning & Zoning Director Jack Lenox presented Resolution No. 987 approving participation in the Metropolitan Planning Organization.
After discussion, Mrs. Polk moved and Mr. Day seconded to amend Resolution No. 987 to include the Council President, as well as the Mayor, as the two members to serve on the board from the City.
Mr. Lenox mentioned that the final Memorandum of Understanding would be back before the Council after the other entities had signed on to the idea.
The Resolution was approved unanimously, as amended.
RESOLUTION NO. 988 - APPROVING AMENDMENT TO EMPLOYEE HANDBOOK, CELL PHONE POLICY
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 988. Human Resources Director Ed Cox presented Resolution No. 988 approving amendment to the Employee Handbook, Cell Phone Policy. Ms. Siggers explained that, in addition to no smoking or drinking in City vehicles, no talking on cell phones while driving would be allowed.
The Resolution was approved unanimously.
RESOLUTION NO. 989 - ACCEPTING CONTRIBUTIONS FOR THE REPAIR OF THE BANDSTAND AND THE PEDESTRIAN BRIDGE IN THE CITY PARK
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 989. Executive Officer John Pick presented Resolution No. 989 accepting contributions for the repair of the bandstand and the pedestrian bridge in the City Park. He mentioned that the Resolution did not show all the monies and in-kind donations that had been contributed previously, but everyone would be thanked in the final Resolution.
Mrs. Polk noted that the Council should recognize the efforts that Councilman Webster had put forth to get the bandstand renovated.
The Resolution was approved unanimously.
RESOLUTION NO. 990 - ACCEPTING GRANT FUNDS OF $67,000 FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT PROGRAM
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 990. Ms. Siggers presented Resolution No. 990 accepting grant funds of $67,000 from the United States Department of Agriculture Rural Development Program.
The Resolution was approved unanimously.
PUBLIC COMMENTS
Mr. Robert Taylor voiced his concern that the City’s present reserve funds were being used, but that surplus funds from the past years were not brought forward into the reserve account for following years. He stated that soon there would not be any reserve funds. Mr. Taylor mentioned that the City should have impact fees on businesses and annexed land should make payment to the City. (for example, retirement facilities could give priority to City dwellers first.)
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• State Highway Department was fixing the sidewalks on Route 13 bridge;
• Wished Councilman Webster all the best, and thanked him for his endorsement on the bandstand along with the “Friends of the Bandstand”, Salisbury Community Band, Randy Lee Ashcraft and the Saltwater Cowboys;
• Was appointed First Vice President of the Maryland Municipal League at this year’s convention and looked forward to working with MML President Frazier.
COUNCIL COMMENTS
Mr. Scott mentioned that Hammond and Church Streets have been paved.
Mr. Day commented that the County does not have impact fees and businesses could move from Salisbury if fees were imposed. He stated that the Zoo Master Plan had been unveiled and that he looked forward to implementation.
Mrs. Polk thanked the persons who continue to be at the meetings whether long or short.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commented on the following issues:
• thanked Mr. Taylor for his comments and Council would take them into consideration;
• impact fees are scheduled for an upcoming Work Session;
• Council regretted not having a 4th of July celebration at City Hall;
• had opportunity to visit some neighborhoods and found that previous concerns had not been corrected;
• thanked Public Works Department for repairing sidewalks on Isabella and Cyprus Streets and for making the curbing more handicapped accessible on Riverside Drive;
• looked forwarded to Councilman Webster returning to public service.
With no further business, the meeting adjourned at 7:45 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JULY 23, 2003
TIME & PLACE: 7:58 p.m. - Room 305, City/County Government Building
PURPOSE: Consult with counsel and staff - litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(7)(8)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, City Clerk Brenda Colegrove, Executive Officer John Pick, Public Works Director John Jacobs, City Solicitor Paul Wilber
ABSENT: Councilman C. T. Webster
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At 7:58 p.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to discuss with legal counsel and staff the MDE TMDL appeal as permitted under the Annotated Code of Maryland Section 10-508(a)(7)(8). Mr. Day seconded and the vote was unanimous.
City Solicitor Paul Wilber briefed Council on the events to date and the option available for appealing the case. After discussion, the Counsel reached a consensus to move forward as suggested by legal counsel.
On a motion by Mrs. Polk and seconded by Mr. Day, the closed session adjourned at 8:30 p.m.
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Assistant City Clerk
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Council President