CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES
FEBRUARY 9, 1998
MEETING #3

PRESENT

Mayor W. Paul Martin
Council President Carolyn Hall
Council Vice President Robert Cannon (arrived 7:07 p.m.)
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman Frank Himelright

IN ATTENDANCE

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Robert Eaton, Police Chief Coulbourn Dykes, Fire Chief William Higgins, Finance Director Roger Baskerville, Purchasing Director Carol Turner, C.P.M., CPPB, BHZ Deputy Director Jack Pusey, PW Director Wil Elliott, P & Z Director Kristen Mark Hughes and interested Citizens and Members of the Press.

CONVENING - APPROVAL OF MINUTES JANUARY 26, 1998

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council President Hall called the meeting to order.

On a motion by Mr. Himelright and seconded by Mr. Gillis, the minutes of January 26, 1998 were unanimously approved.

CERTIFICATE OF APPRECIATION

Mayor Martin presented a Certificate of Appreciation to Paramedic David Peterson recognizing his efforts in rendering assistance and saving the lives of three accident victims on June 15, 1997.

ORDINANCE NO. 1682 - 1ST READING - PERMITTING CONSUMPTION OF ALCOHOLIC BEVERAGES ON CITY PROPERTY SUBJECT TO APPROVAL OF MAYOR

Mr. Himelright motioned and Mr. Gillis seconded to approve Ordinance No. 1682 to bring it on the floor for discussion. Ordinance No. 1682, as highlighted by Executive Officer John Pick, adds Section 9.08.105 to the Salisbury Municipal Code allowing the consumption of alcoholic beverages by permit for a special event in a designated area and time with the permission of the Mayor.

Ordinance No. 1682 for first reading passed unanimously.

RESOLUTION NO. 595 - CABLE TELEVISION FRANCHISE FEE-ON-FEE

Executive Officer John Pick explained that a recent U.S. Court of Appeals ruling provides that cable television franchise fee revenues can be included in the definition of gross revenues for the purpose of determining the amount of franchise fees to be paid to the franchising authority. Council decided by consensus during their January 21, 1998 work session to withhold authorization from Comcast to collect franchise fees on the revenue it receives from the collection of the franchise fees imposed by the City. Therefore, Resolution No. 595 directs Comcast not to charge a 5% franchise on the franchise fee revenues.

Mr. Himelright motioned and Mr. Cannon seconded to approve Resolution No. 595 to bring it on the floor for discussion. Mr. Himelright expressed he was not in favor of raising the franchise fee any more than what it is currently. He would like to readdress the ordinance on the regulations and change the wording so that the City only receives a percentage based on the hardware rather than miscellaneous income and limit to the service actually given to the customer.

Mr. Cannon was not in favor of the franchise fee-on-fee or the franchise fee itself unless it was more directly related to the actual expenses incurred by the City. He would like to see the ordinance revisited and further consideration given to reducing the franchise fee charged to subscribers.

Mr. Gillis was opposed to the fee-on-fee and to the franchise fee except for the direct cost which is incurred to enter into the franchise agreement. Therefore, he was in favor of passing Resolution No. 595 to not collect the franchise fee-on-fee.

With no further discussion, Resolution No. 595 passed unanimously.

RESOLUTION NO. 596 - CHANGING THE NAME OF A PORTION OF NORTH DIVISION STREET

Executive Officer John Pick addressed Resolution No. 596 which changes the name of the section of North Division Street lying between Priscilla Street and North Salisbury Boulevard to Veterans Place. There are only three property owners on this portion of the street and all indicated they were in favor of the change.

Ms. Siggers motioned and Mr. Cannon seconded to approve Resolution No. 596 to bring it on the floor for discussion. Mr. Himelright motioned to table Resolution No. 596 in order to address the other streets under consideration. It would be just as cheap to change all the other street names as changing one. Mr. Cannon seconded the motion, but then withdrew his second in order to continue the discussion. The motion to table died for lack of a second.

Ms. Siggers questioned why this item was placed on the agenda. Mrs. Hall explained that the only consensus from Council's work session was to change the North Division Street portion. Council decided not to change West Church Street since two businesses raised objections. However, with the expense involved in doing a street name change (i.e., map change, tax records), it did not make sense to change only one. Mr. Gillis had suggested to revisit the list of street names that seem to be confusing.

After further discussion, Mr. Himelright motioned to table Resolution No. 596. Mr. Cannon seconded and the vote was unanimous.

AWARD OF BIDS

The following items were presented for approval by Purchasing Director Carol Turner, C.P.M., CPPB:

1. Contract No. 119-98 Disposition of Surplus Property
100-102 Lincoln Avenue . . . . . . . . . . . . . $ 1,000.00
2. Professional Services (001-1701-515.33-01; 601-3801-531.33-01)
Robert A. Eaton . . . . . . . . . . . . . . . . . $11,382.00
3. Contract No. 120-98
Dump Truck w/salt & dump bodies (001-3205-532.86-00 LP)
Barr International, Inc. . . . . . . . . . . . . $65,006.25

Mr. Cannon motioned and Mr. Himelright seconded to approve the items listed to bring them on the floor for discussion. Mr. Gillis acknowledged he would be abstaining from voting since his father is employed by Barr International. After a brief discussion, the vote was unanimous approving the items as presented with the exception of Mr. Gillis who abstained.

PUBLIC COMMENTS

Mr. Bob Lawrence, a resident of Canal Woods, extended his appreciation to the Public Works Department and Chief Dykes for their assistance during the recent Northeaster.

With no further business, the meeting adjourned at 7:28 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION

TIME & PLACE: February 4, 1998; Room 301 City/County Government Building
PURPOSE: Discuss contents of bid proposals
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(14)
PRESENT: Council President Carolyn Hall, Council Vice President Robert Cannon, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Frank Himelright, City Clerk Brenda Colegrove, Executive Officer John Pick, Purchasing Director Carol Turner, C.P.M., CPPB

At 10:22 a.m., in Room 301 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session to discuss the bid proposals for the Marina and the Franklin Hotel as permitted under Section 10-508(a)(14) of the Annotated Code of Maryland. Mr. Gillis seconded and the vote was unanimous.

The issues raised by Council will be addressed with the bidders before final action is taken. At 12:03 p.m., Mr. Cannon motioned to adjourn the Closed Session. Mr. Himelright seconded and the vote was unanimous.

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us