CITY OF SALISBURY, MARYLAND
#20 MEETING OCTOBER 27, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Councilman Richard C. Webster Mayor Barrie P. Tilghman *
* left at 8:47 p.m.
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., Public Works Director John Jacobs, Police Chief Allan Webster, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor 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 Mrs. Polk and seconded by Mr. Scott, the agenda as presented was unanimously approved.
CERTIFICATE OF APPRECIATION
Council President Siggers presented a Certificate of Appreciation to Mr. Aaron Deal for his commitment to the teaching profession and winning the Maryland Teacher of the Year Award.
APPROVAL OF OCTOBER 13, 2003 MINUTES
Upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the October 13, 2003 minutes were unanimously approved.
AWARD OF BIDS
Mrs. Polk moved and Mr. Scott seconded to approve the Award of Bids. Ms. Carol Turner, Director of Procurement and Parking, presented the following:
1. Traffic Signal Cabinet (001-2250-525.70-32; unbudgeted - emergency). . . . . . . .$6,050.00
Econolite
2. EMS Billing Software (605-2602-523.70-36; unbudgeted capital) . . . . . . . . . . . $7,490.00
Dyna-Line
3. Striker Stair Chairs (605-2610-523.70-30; over budget) . . . . . . . . . . . . . . . . . . . $9,462.50
Stryker EMS
The above items were approved on a 3-2 vote with Mrs. Polk and Mr. Scott casting the nay votes.
PUBLIC HEARING - RESOLUTION NO. 1022 - COMCAST RATE FILING FORMS
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1022. Finance Director John Cawley and Mr. Tom Worley, Comcast’s Area Director of Public Relations, addressed Resolution No. 1022 approving the calculation of the maximum permitted rates for limited basic service, regulated equipment rates and installation charges as set forth in Comcast’s 1240 and 1205 rate filings. Mr. Worley indicated that the users will not see a rate increase with this filing.
Resolution No. 1022 passed unanimously.
RESOLUTION NO. 1023 - APPROVING ROAD CLOSURE POLICY
Mr. Day moved and Mrs. Polk seconded to approve Resolution No. 1023. Resolution No. 1023, as introduced by Public Works Director John Jacobs, adopts rules to temporarily close streets and highways when required for public safety and convenience. Delegated authorities include:
• Director of Public Works, Chief of Police and Fire Chief to close streets up to 10 calendar days;
• Office of the Mayor authorized to temporarily close streets up to 30 calendar days; and
• City Council, through a Resolution, authorized to close streets in excess of 31 calendar days or more.
Mrs. Polk questioned having community events included in the Resolution since there was already a section in the Code dealing with this issue. She raised this question during the work session discussion and thought the City Solicitor was to check on this to ensure there was no conflict. Mr. Pick opined that there would be no conflict since that section of the Code dealt with leasing City property.
Ms. Siggers indicated she was not in support of the road closure policy. She felt that the Council needed to be involved in the decision for closing City streets and, therefore, the legislation currently in place was sufficient.
Resolution No. 1023 passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
RESOLUTION NO. 1024 - ACCEPTING $1,800 FROM THE SALISBURY ZOO COMMISSION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1024. Public Works Director John Jacobs presented Resolution No. 1024 accepting $1,800 from the Salisbury Zoo Commission for the purchase of a computer to benefit the education program at the Salisbury Zoological Park.
Resolution No. 1024 passed unanimously.
RESOLUTION NO. 1025 - ACCEPTING GIFTS FROM VARIOUS COMMUNITY BUSINESSES FOR PLAZA MAINTENANCE
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1025. Public Works Director John Jacobs presented Resolution No. 1025 accepting donated funds and services to improve the Downtown Plaza, Camden Street and the Riverwalk as follows:
• George A. Vickers - to repair damaged brickwork on the Plaza planters - estimated cost of $3,000;
• Pepsi Cola Bottling Company of Salisbury - $2,000 for overtime labor for City workforce and $500 for materials; and
• Jim Beaver of Beaver Tree Service - $1,200 for tree trimming services.
This initiative was spearheaded by Mr. Pete Cooper, the City’s first Director of Public Works. At the request of Mr. Jacobs, Mr. Scott moved and Mrs. Polk seconded to amend Resolution No. 1025 to include two pledges of $1,200 each (entities to be named later). The amendment passed unanimously. Resolution No. 1025, as amended, was unanimously approved.
RESOLUTION NO. 1026 - ACCEPTING GIFT FROM THE CHESAPEAKE BAY FOUNDATION FOR LANDSCAPING CITY-OWNED PROPERTY
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1026. Public Works Director John Jacobs addressed Resolution No. 1026 accepting materials and services estimated at $7,000 from the Chesapeake Bay Foundation, Inc. to convert and improve a city-owned parcel located between the Riverwalk, Fitzwater Street, the Main Street Bridge Tender’s House and Brew River Restaurant from grass to native plantings
Resolution No. 1026 passed unanimously.
RESOLUTION NO. 1027 - AMENDING WICOMICO COUNTY EXILE GRANT TO ACCEPT ADDITIONAL FUNDS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1027. Police Chief Allan Webster introduced Resolution No. 1027 amending the Wicomico County Exile Grant to accept additional funds of $1,470. The funds will be used for police officer overtime in addressing efforts to reduce incidents of violent crimes involving handguns.
Resolution No. 1027 was unanimously approved.
RESOLUTION NO. 1028 - ACCEPTING FUNDS AWARDED THROUGH GRANTS FROM THE WAL-MART FOUNDATION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1028. Police Chief Allan Webster explained that Resolution No. 1028 accepts $1,500 awarded through a Safe Neighborhood Grant to the Salisbury Police Department, Fire Department and EMS ($500 per department) from the Wal-Mart Foundation to purchase printed educational material.
Resolution No. 1028 passed unanimously.
RESOLUTION NO. 1029 - ACCEPTING SOFTWARE AND HARDWARE FROM THE NATIONAL CENTER OF MISSING AND EXPLOITED CHILDREN THROUGH A CONGRESSIONAL GRANT
Mr. Day moved and Mrs. Polk seconded to approve Resolution No. 1029. Resolution No. 1029, as presented by Police Chief Allan Webster, accepts software and hardware from the National Center for Missing and Exploited Children through a congressional grant to enhance the Salisbury Police Department’s ability to recover missing children in the City.
Resolution No. 1029 passed unanimously.
RESOLUTION NO. 1030 - APPROVING MEMORANDUM OF UNDERSTANDING FOR WATER AND SEWER TO WOR-WIC COMMUNITY COLLEGE
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1030. Public Works Director John Jacobs introduced Resolution No. 1030 approving a Memorandum of Understanding between the City of Salisbury, Wicomico County, and Wor-Wic Community College on extending public water and sewer service along U.S. Route 50 to Perdue Stadium, Wor-Wic Community College, and the surrounding area. Mr. Jacobs explained that the estimated $6,080,000 cost share responsibilities were as follows: 1) Stadium - $1,263,950; Wor-Wic - $2,531,950; and City - $2,284,100. In order to accommodate the City’s funding shortfall of $677,000, funds could be reallocated from the following: 1) $162,300 - water and reserves; $317,200 - Northeast Collect sewer; and 3) $197,500 - Isabella Street water and sewer rehab.
Ms. Siggers related that she was not in favor of removing funds from the Isabella Street project. After a brief discussion, Resolution No. 1030 passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1031 - GRANTING A TWELVE MONTH STUDY PERIOD FOR THE DOWNTOWN DEVELOPMENT PROPOSAL
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1031. Executive Officer John Pick related that Resolution No. 1031 accepts the concept plan of Palmer Gillis and Tony Gilkerson for the parking lot #1 redevelopment project and agrees to a twelve-month study and negotiation period with Palmer Gillis and Tony Gilkerson.
Mrs. Polk moved and Mr. Day seconded to amend the heading of Resolution No. 1031 to include agreeing to a twelve-month study and negotiation period with Palmer Gillis and Tony Gilkerson. After a brief discussion concerning media coverage of the proposal, the amendment passed unanimously.
Resolution No. 1031, as amended, passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1032 - EXTENDING ACTING STATUS FOR FIRE OFFICERS SERVING IN AN ACTING CAPACITY
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1032. Executive Officer John Pick presented Resolution No. 1032 extending the acting status of the Acting Fire Chief, the Acting Deputy Fire Chief and an Acting Assistant Fire Chief to December 31, 2003 in order to complete the recruitment and selection process for the Fire Chief position.
Resolution No. 1032 failed to pass on a 2-3 vote. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay. Mr. Day and Mr. Webster voted aye.
ORDINANCE NO. 1885 - 2ND READING - LANDLORD LICENSING AND INSPECTION OF RENTAL DWELLINGS
Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1885 for second reading. Ms. Siggers presented Ordinance No. 1885 implementing a landlord licensing and rental inspection program. Mr. Day moved to postpone Ordinance No. 1885 until November 10, 2003, but the motion died for lack of a second.
Highlights of public comments:
• wasting resources instead of focusing on the problem properties;
• believed Ordinance was work of a select few;
• presented 260 signatures who favored the legislation;
• thanked Council for supporting single-family neighborhoods;
• distributed pictures taken in the community of problem areas;
• believed SAPOA wanted to maintain a status quo;
• legality concern with the last section of the Ordinance;
• did not believe City Solicitor had prepared or supervised preparation of Ordinance;
• neighborhoods have wanted this legislation for years;
• asked that Council pass the legislation; and
• didn’t believe this legislation was the solution – created a “catch 22" situation for landlords.
Mrs. Polk read into the record a letter from Robin Cockey which appeared in the October 22, 1995 edition of The Daily Times. This letter was in support of a landlord licensing ordinance. Mr. Day noted that in 1995 he asked the Council to pass landlord licensing legislation and change it later if needed. Even though he had issues with the present legislation, he did not want the next Council to vote on it. However, he did want the City Solicitor to review the Ordinance to ensure that it was being done properly and correctly. Mr. Webster believed this issue had been going on long enough. It could be passed and revised as needed.
City Solicitor Paul Wilber opined that some of the language needed refinement. In Ms. Siggers view, this was an Ordinance that would hold tenants, landlords and the City accountable.
After further discussion, all voted in favor of Ordinance No. 1885 with the exception of Mr. Day who abstained.
PUBLIC COMMENTS
Highlights of public comments:
• improving quality of river – stop having State Highway Administration and State Department of Public Works spraying herbicides;
• urged citizens to attend water quality sessions – Wor-Wic Community College
(October 30) and Chipman Center (November 20);
• thanked Council for passing Ordinance No. 1885;
• need a “can do spirit” to get the landlord licensing/inspection program implemented;
• applauded Pete Cooper for his efforts on the Plaza, but suggested closing off the Plaza at the end of the year; and
• Plaza has been an eyesore ever since it was closed – preferred to ride through both ways.
COUNCIL COMMENTS
Mr. Scott announced that he and his wife will be married for 50 years on November 12, 2003 and opined that the City would be better off with the landlord licensing legislation. Mr. Day believed the City Solicitor’s proposals on landlord licensing were reasonable and should be reviewed. Mrs. Polk thanked everyone who took the time to provide research on the landlord licensing issue and expressed that she was delighted with the product the Council received. Mr. Webster mentioned that this was the first step on landlord licensing, but there probably would be revisions.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers believed that good landlords would realize that Ordinance No. 1885 does no harm to them and responsible tenants will not feel threatened by the legislation. Ms. Siggers announced that 1) she would be holding a meeting on October 28, 2003 in Council Chambers with the Pemberton Manor residents and management to discuss concerns with their gated community; and 2) Connectiv donated 600 smoke detectors to the Maryland State Fire Marshall’s Office for distribution in Salisbury’s Fire District; and 3) Salisbury University students affiliated with the amnesty organization requesting that Council pass a Resolution denouncing the Patriot Act.
With no further business, the meeting adjourned at 10:05 p.m.
City Clerk
Council President