AS AMENDED ON JUNE 26, 2003
CITY OF SALISBURY, MARYLAND
#11 MEETING June 9, 2003
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilman Michael Day Councilman C. T. Webster*
* left at 8:20 p.m.
IN ATTENDANCE
Assistant City Clerk Mary Church, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Allan Webster, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, 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.
Mr. Webster moved and Mrs. Polk seconded to amend the agenda as follows:
1. postpone Resolution No. 956 until after Mr. Rick Della’s meeting with neighborhood residents; and
2. postpone Resolution No. 979 for the reason stated above.
The above amendments passed unanimously. The agenda, as amended, passed unanimously.
APPROVAL OF MAY 27, 2003, MINUTES
Mrs. Polk moved and Mr. Webster seconded to approve the May 27, 2003 minutes. The May 27, 2003 minutes, were unanimously approved.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster 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. Contract No. 12-02-SCADA; Change Order No. 1
(601-4101-533.70-20; 70-36; 601-3701-532.70-20)
Tieder Controls.............................................................................<$7,180.00>
2. Snow Plow for GAR-2 Truck
(001-3401-532.70-30: Unbudgeted
($3,550.00 less $1545.00 credit)
U.S. Municipal Supply.....................................................................$2,005.00
3. Engineering Project Order No. 5159
Change Order No. 2
N. E. Collector Road-Phase II, Right-of-Way Plats
(301-3220-539.30-20 RDNECO)
McCrone, Inc.................................................................................$17,060.00
4. Pumps for Fitzwater Street Lift Station
(601-4101-533.70-30: Over Budget)
C & D Municipal Sales, Inc............................................................$35,839.00
All items were approved unanimously.
ORDINANCE NO. 1877 - 2ND READING - APPROVING FY04 BUDGET
Council President Siggers read a brief message to the audience thanking everyone involved with the budget process.
Highlights of the comments received from the public included:
• concern with health insurance provided for a Council member;
• concern with surplus funds being used to balance the budget;
• concern that Public Works employees did not get a raise;
• suggestions submitted to Council were not considered;
• shouldn’t fund Wicomico Public Free Library or tennis courts in the park;
• Council had worked hard on the budget;
• developers should be carrying part of the burden of the taxpayers by paying for licenses and impact fees.
After discussion, Mrs. Polk moved and Mr. Day seconded to approve Ordinance No. 1877, as amended, for second reading. The Ordinance was approved unanimously. (A copy of the list of changes to the proposed budget is attached and made a part of these minutes.)
ORDINANCE NO. 1873 - 2ND READING - APPROVING CONTRACT FOR CONDUCTING CITY ELECTIONS
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1873 for second reading. As presented by Assistant City Clerk Mary Church, Ordinance No. 1873 is a contract between
Wicomico County Board of Elections and the City of Salisbury to conduct City elections for a contract period of July 1, 2003 through June 30, 2004.
Ordinance No. 1873 for second reading was approved unanimously.
PUBLIC HEARING - ORDINANCE NO. 1880 - 1ST READING - REZONING AND TEXT AMENDMENT TO EXPAND ST. ALBAN’S COMMONS PRD#9 - PLANNED RESIDENTIAL DISTRICT
Mrs. Polk moved and Mr. Webster seconded to approved Ordinance No. 1880 for first reading. Planning and Zoning Director Jack Lenox addressed the rezoning and text amendment to expand St. Alban’s Commons PRD#9 planned residential district.
Mr. Robert Taylor, representing a client, did not have any problems with the rezoning and text amendment. He thought there should be an agreement between his client and the St. Alban’s client to have the water from the property going into a storm water holding area located on his client’s property.
Mrs. Polk questioned Eckerd’s Drug Store height within St. Alban’s neighborhood. Planning and Zoning Director Jack Lenox stated that the original Ordinance had a maximum of 35 feet for the building height and he would have the building checked for compliance.
Ms. Frieda Malcolm, Rector of St. Alban’s Church, mentioned that there were no complaints from members.
Ordinance No. 1880 for first reading was approved unanimously.
PUBLIC HEARING - ORDINANCE NO. 1881 - 1ST READING - TEXT AMENDMENT - REQUEST BY SPRING CHASE COMMUNITY ASSOCIATION TO INCLUDE SPRING CHASE PRD#1 IN THE 4 TO 2 “FAMILY” TEXT AMENDMENTS
Mr. Webster moved and Mrs. Polk seconded to approved Ordinance No. 1881 for first reading. Planning and Zoning Director Jack Lenox presented the text amendment request by Spring Chase Community Association to include Spring Chase PRD#1 in the 4 to 2 “family” text amendments.
Ordinance No. 1881 for first reading was approved unanimously.
PUBLIC HEARING - ORDINANCE NO. 1882 - 1ST READING - REZONING REQUEST BY MILFORD STREET ASSOCIATES - BELMONT AVENUE & U.S. RT. 50 - R-8A RESIDENTIAL TO LIGHT BUSINESS AND INSTITUTIONAL
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1882 for first reading. Planning and Zoning Director Jack Lenox provided the request by Milford Street Associates for Belmont Avenue and U.S. Rt. 50 be rezoned to R-8A Residential to Light Business and Institutional.
After discussion, Mrs. Polk moved and Mr. Scott seconded to amend Ordinance 1882 to state that no connection road would be made between Belmont and Greenmount Avenues.
Ordinance No. 1882, as amended for first reading, was approved unanimously.
RESOLUTION NO. 982 - AUTHORIZING WITHDRAWAL OF POLICE OFFICERS FROM THE LOCAL FIRE AND POLICE TO THE LAW ENFORCEMENT OFFICERS PENSION SYSTEM (LEOPS)
Mr. Day moved and Mrs. Polk seconded to approve Resolution No. 982. Mr. Ed Cox presented Resolution No. 982 authorizing withdrawal of police officers from the Local Fire and Police Pension System to the Law Enforcement Officers Pension System.
Resolution No. 982 was approved unanimously.
RESOLUTION NO. 981 - INCREASING SEWER FEES AND PRETREATMENT MONITORING FEES
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 981. Executive Officer John Pick addressed Resolution No. 981 increasing sewer fees and pretreatment monitoring fees.
Mr. Scott was concerned that the sewer increases could cost the City businesses. He felt that the fees had been raised every year and were beginning to be an exorbitant expense for businesses, especially the ones who do not use the sewer system. Mr. Pick explained that for years the fees were relatively low, but due to the aging treatment plant needing upgrades and nitrate reduction being imposed by the State, the rate increase was unavoidable.
After further discussion, Resolution No. 981 was approved unanimously.
RESOLUTION NO. 983 - TRANSFERRING FUNDS FROM RECYCLING TO STREETS DIVISION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 983. Public Works Director John Jacobs presented Resolution No. 983 transferring $9,178 from the Recycling account to the Streets Division account. He stated that the funds would be used in FY03 on a stormwater Supplemental Environmental Project (SEP). He noted that two SEPs were slated for FY03 by the EPA settlement E-cycling SEP completed in January and the stormwater SEP scheduled for completion using the combined funds allocated within the Streets Division and the funds left from E-cycling.
Resolution No. 981 was approved unanimously.
PUBLIC COMMENTS
Mr. Patrick Hannon gave a briefing on his observations of Isabella and Mill Streets since the closing of Isabella Street to two-way traffic.
Mr. Rick Della expressed his surprise by the postponement of the W. Naylor Mill-Interfaith Housing Annexation, but understood the reasoning. He noted there would be a community meeting on Tuesday evening at 5:00 p.m. and Council members were invited.
Mr. Robert Taylor voiced his concerns of a Council member’s health insurance being paid by the City.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• has been customary practice to roll funds forward from surplus for ten years or more;
• received information from Congressman Gilchrist’s office that Urban Salisbury will receive a $57,000 grant to be used for the revolving fund downtown to lend money and stimulate growth in the downtown area;
• drainage control was working better in all areas of the City since the upgrades were put in.
COUNCIL COMMENTS
Mr. Scott mentioned that this was not the first year the City had dipped into the reserve funds.
Mr. Day commented that the Council had already addressed some of Mr. Himelright’s items before receiving the list. He mentioned that even though he was not in favor of the “4 to 2", he did vote in favor of the Spring Chase request because it is a planned development. Mr. Day also mentioned that the Process Action Team will be looking at the Isabella Street traffic pattern.
Mrs. Polk voiced that the Council had worked very hard on the budget and were trying to be very responsible in the budget process. She commented on an individual going around the barricades on Isabella Street putting others in jeopardy while breaking the law.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers commented on the following issues:
• Budget Ordinance with Council changes would be posted on the Internet;
• pleased that a meeting was scheduled with individuals that would be impacted by the Interfaith Housing annexation;
• annexations enticing without spending $10,000 for a person to seek annexations;
• policy in place allowing Council members to accept City’s insurance;
• in the past Council was informed at the beginning of the budget process that surplus funds were being used to balance the budget;
• everyone in City deserved more money, but not enough money available to provide raises for everyone this year.
With no further business, the meeting adjourned at 9:30 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 11, 2003
TIME & PLACE: 9:03 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, and Assistant City Clerk Mary Church
ABSENT: Councilman C. T. Webster
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At 9:03 p.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
After discussing the issues involving the individuals, a consensus was reached to meet with the Mayor on these matters.
At 9:16 p.m., upon a motion and a second by Mr. Scott and Mr. Day, respectively, the closed session adjourned.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 13, 2003
TIME & PLACE: 11:03 a.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: Mayor Barrie P. Tilghman, Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, City Clerk Brenda Colegrove, Executive Officer John Pick
ABSENT: Councilman C. T. Webster
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At 11:03 a.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
After discussing the particular issues with the mayor, a follow-up meeting will be scheduled (in two weeks) addressing the concerns.
At 11:28 a.m., upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, the closed session adjourned.
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Assistant City Clerk
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Council President