PRESENT
Mayor Barrie P. Tilghman
Council President Palmer Gillis
Council Vice President Robert Cannon
Councilwoman Lavonzella Siggers
Councilman Frank Himelright
Councilman James Ireton
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 Gillis called the meeting to order.
On a motion by Mr. Himelright and seconded by Mr. Cannon , the minutes of May 27, 1998 were unanimously approved.
Executive Officer John Pick explained that the City Council is required by State law to conduct a constant yield tax rate public hearing during the process of adopting its budget in any year in which the proposed tax rate exceeds the constant yield tax rate. The State Department of Assessments and Taxation calculates the City's new assessable tax base and compares it to the previous year's base. A calculation is done to determine the tax rate that would be needed to generate the same amount of tax revenue as the previous year. This tax rate is considered the constant yield tax rate. The City's constant yield tax rate was calculated by the State as $1.63. The City's current tax rate is $1.65. Even though the City was not considering an increase in the tax rate, a constant yield tax rate public hearing was required.
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1687, proposed FY99 budget, to bring it on the floor for discussion. Mr. Gillis expressed his appreciation to the staff, Mayor Martin, Mayor Tilghman and Council for their input and efforts with this budget. Mr. Gillis outlined Council's modifications to the original budget as proposed by Mayor Martin.
1. Council reduced their $100,000 allocation to the operating reserve fund in half and applied $50,000 to help fund employee pay raises.
2. The Mayor's Contingency Fund, with Mayor Tilghman's concurrence, was reduced from $100,000 to $50,000 to held fund employee pay raises.
The Hendricks pay plan study concluded that employees were underpaid on the average of 10%. The City Council was willing to make a commitment and meet the employees half way. A value equivalent to 5% was given to the department heads to apply toward pay raises for their employees. Attached to this is a 2% floor and a 7% ceiling to be used at the discretion of the department heads. In addition, there were 30+ employees, according to the Hendricks study, who did not meet minimum pay standards. Approximately $80,000 was applied in the budget to fund this shortfall. The 5% discretionary increase in payroll, in addition to the $80,000, equates to a 6% total growth in payroll dollars this year. This is the most Council could fund and still maintain some of the other projects. Their number one priority next year will be to fulfill the conclusions drawn in the Hendricks study.
3. Reinstated all maintenance projects (repaving and resurfacing projects) for the City of Salisbury.
4. Funding a traffic choking device on E. Isabella Street ($25,000) to slow down traffic.
5. Appropriation of $10,000 for Live Near Your Work program which will provide $1,000 each for the first 10 employees who purchase a home in the City.
6. Applied value for Management Information System initiative with the desire to approach Wicomico County to consider a consolidated department.
7. Value for Human Relations Department initiative with the desire to approach Wicomico County to consider a consolidated department.
8. Included funding for curbside recycling with hopes of beginning the program in approximately six months.
Mr. Himelright commented that it was a difficult budget and they tried to work towards what was best for the taxpayers as well as the employees. In his opinion, next year either tax differential, merging some departments, or a tax rate increase will need to be considered to keep competitive with the salaries. He was not in favor of losing employees or services.
Mr. Cannon thought Council and the department heads did a good job in their efforts on the budget. He hoped the employees understood Council's dilemma and the balance they tried to make for the benefit of everyone involved.
Mr. Ireton thanked Council for their patience and all the employees and staff for their assistance in this process.
Ms. Siggers thanked Council President Gillis for his job in conducting the budget process and thanked all the employees who contributed input. Ms. Siggers appreciated having the Live Near Your Work program included in the budget as a means of enticing employees to move into the City and hoped that Council would give some consideration and efforts to involve those residents who presently live in the City. She hoped there would be an opportunity for an amendment to the budget to include her Neighbor Helping Neighbor project which she introduced a few years ago. Ms. Siggers also related there were concerns from residents with the increase in water and sewer rates. She hoped that in the upcoming year Council would be able to identify opportunities or resources so the City would not have to continue subsidizing tapping fees or other fees.
A brief discussion was held on whether to include another amendment to the budget to include the Neighbor Helping Neighbor program (value of $7,000). Mr. Cannon, Mr. Himelright and Mr. Ireton were not in favor of amending the budget to include the program at this time; Mr. Gillis and Ms. Siggers were in favor. The Neighbor Helping Neighbor program will be considered in an upcoming work session.
After clarifying and answering questions from the public regarding the Human Relations Department, the traffic choker device on E. Isabella Street, employee increases and recycling, Mr. Himelright motioned to amend the budget according to the revisions as outlined by John Pick (copy made a part of these minutes). Mr. Cannon seconded and the vote was unanimous.
Ms. Siggers motioned to amend the budget to adopt the Constant Yield Tax Rate and keep the tax rate at $1.65. Mr. Cannon seconded and the vote was unanimous. Ordinance No. 1687, as amended for second reading, passed unanimously.
Executive Officer John Pick recapped the suggested changes made by Council to Ordinance No. 1688 - an ordinance revising and increasing water and sewer rates. On page 2, all over 200,000 gallons should be changed from $.89 per 1,000 gallons to $.95 per 1,000 gallons in the Charges Collectible Monthly Schedule. In the Charges Collectible Quarterly schedule, all over 600,000 gallons should be changed from $.89 per 1,000 gallons to $.95 per 1,000 gallons. In Schedule II, Charges Collectible Monthly, all over 200,000 gallons should be changed from 1.78 per 1,000 gallons to $1.90 per 1,000 gallons. All over 600,000 gallons in the Charges Collectible Quarterly schedule should be changed from $1.78 per 1,000 gallons to $1.90 per 1,000 gallons.
Ordinance No. 1688 increases the water and sewer rates by 5% except for the top tier which increases 11%. It also increases the rate by 5% for those people who are sewer only customers and increases by 25% the schedule for service or connection charges.
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1688 to bring it on the floor for discussion. Mr. Cannon was reluctant at first to agree to any increase in water and sewer fees, but a lot of repair and maintenance items need to be done to the system this year. Mr. Himelright thought we were still taking away funds from surplus even with raising the rates 5%. Mr. Ireton felt that any money for the City's infrastructure was an investment in our future. He believed there was a misconception that those individuals who live outside the City limits don't pay for the water when in fact they pay more. Ms. Siggers agreed that those people in the Urban Services areas pay one and a half to two times more than City residents. However, she believed there were rates which could be improved upon which tend to put a hardship on people in some instances. Mr. Gillis pointed out that a work session will be held on June 17 to discuss impact fees.
After further discussion, Mr. Himelright motioned to amend Ordinance No. 1688 to include the changes as related by the Executive Officer. Mr. Ireton seconded and the vote was unanimous. Mr. Cannon, Mr. Himelright, Mr. Ireton and Mr. Gillis voted in favor of approving Ordinance No. 1688, as amended for second reading. Ms. Siggers voted nay.
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1689 to bring it on the floor for discussion. Executive Officer John Pick introduced Ordinance No. 1689 as a FY 1998 budget amendment to fund a shortfall for two programs in the Building, Housing and Zoning Department - demolition of one house and expenses incurred for enforcing the Housing Standards Ordinance (i.e., cutting grass and tall weeds).
Ms. Siggers expressed concerns that too often home owners do not have the opportunity to make repairs before demolition. She was concerned that the City wasn't being sensitive to those people who want to rehab their home rather than having it demolished.
Mr. Cannon felt that BHZ had bent over backwards to work with the people. He, too, would like to see renovation, but from what he has seen the houses have been in such disrepair that it is impossible to renovate them. They also pose a serious health and safety hazard. The people are given plenty of time by BHZ to make the repairs before the demolition process begins. Deputy BHZ Director Jack Pusey reported that the individuals are advised in the beginning to call Salisbury Neighborhood Housing Service or Lori Carter in the County for assistance. Mr. Richard Insley, Chairman of the Board of Adjustment and Appeals, related that they also go out of their way to help in the process.
After further discussion, all voted in favor of Ordinance No. 1689 for first reading with the exception of Ms. Siggers who voted nay.
Finance Director Roger Baskerville presented Salisbury Engineering's manufacturing tax exemption request on manufacturing equipment purchased in calendar year 1996. The firm has since moved out of city limits into Delmar, Delaware. The request was previously denied by Council and Mr. Wayne Barbley, President of Salisbury Engineering, asked that Council consider the request again.
Mr. Barbley did not feel they had disjointed themselves from the community. All the employees moved to the Delmar facility. Twenty-eight employees have a Salisbury address representing 51% of the employees. Most of the $1.4 million payroll estimated for 1998 will be used in the City and County and they still own the commercial property in Salisbury.
After further discussion, the request died for lack of a motion.
The following items were presented for approval by Purchasing Director Carol Turner, C.P.M., CPPB:
1. Declaration of Surplus
System 36 . . . . . . . . . . . . . . . . . . . . $ 300.00
2. Core Drill - P.W. (001-3205-532.70-30: Unbudgeted Capital)
Rental Equipment Centre . . . . . . . . . . . . . $ 1,790.00
3. 900 Refrigerated Composite/Multiple Sampler P.W.
(601-4101.533.60-12: Unbudgeted Capital)
ENVIREP, Inc. . . . . . . . . . . . . . . . . . . $ 2,229.00
4. Professional Services (001-1701-515.33-01; 601-3801-531.33-01)
Robert A. Eaton . . . . . . . . . . . . . . . . . $16,198.00
5. Contract No. A-6-97; Change Order No. 1
Street CR-6 Stone (001-3205-532.60-06)
Black Dog Stone Corp. . . . . . . . . . . . . . . $20,000.00
6. Contract No. 8-98-PM
Citywide Milling (001-3205-532.43-06)
George & Lynch . . . . . . . . . . . . . . . . . $20,200.00
7. Contract No. 21-98-SW
East Isabella Street 24" Storm Water Drain (001-3205-532.43-03)
American Paving . . . . . . . . . . . . . . . . . $85,828.00
On a motion by Mr. Himelright and seconded by Mr. Ireton, the above items were unanimously approved.
Mayor Tilghman thought Council wrestled with a very difficult budget, but managed to find a very fine balance. She looked forward to attending the legislative meeting of the Chamber of Commerce in which tax differential will be discussed. Mayor Tilghman commented: 1) curbside recycling was prudent to do and long overdue; 2) will move forward with E. Isabella Street traffic issue; 3) will move forward with Urban Services Agreement discussions; and 4) been confronted with tough issues this week, but she will not skirt them.
Mr. Jack Powell distributed a research project request for the members of all current appointed Boards, Commissions and Task Forces within the City. Mr. Charles Conway appreciated Mr. Gillis' opening remarks and agreed that a cooling down period was needed. Rev. Daniel Appleby asked that the Mayor and Council be involved in issues before they explode (Mayor Tilghman will meet with Rev. Appleby to discuss his concerns further). Ms. Siggers looked forward to having the Neighbor Helping Neighbor project placed on a work session agenda. Mr. Robert Ryan handed Council information regarding the war on drugs. Mr. Gillis announced that he was very proud of the communication between this Council in spite of the differences amongst them.
With no further business, the meeting adjourned at 8:55 p.m.
TIME & PLACE: June 8, 1998; Rooms 301 & 300 of the City/County Government Building
PURPOSE: Consult with counsel to seek legal advice and personnel matter (the
appointment, employment, assignment, promotion, discipline, demotion,
compensation, removal, resignation, or performance evaluation of
appointees, employees, or official over whom it has jurisdiction)
VOTE TO CLOSE: Unanimous (Mr. Cannon was not present during vote to close)
CITATION: Annotated Code of Maryland Section 10-508(a)(7) and 10-508(a)(1)
PRESENT: Mayor B. Tilghman, Council President P. Gillis, Council Vice President
R. Cannon (arrived 6:25 p.m.), Councilwoman V. Siggers, Councilman F.
Himelright, Councilman J. Ireton, City Clerk B. Colegrove, Executive
Officer J. Pick, R. Bennett, J. Murray and R. DeTar
At 6:23 p.m., in Room 301 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session to consult with counsel to seek legal advice on a personnel matter involving disciplinary action (the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or official over whom it has jurisdiction) as permitted under the Annotated Code of Maryland Sections 10-508(a)(7) and 10-508(a)(1). Ms. Siggers seconded and the vote was unanimous. Mr. Cannon was not present during the vote to close.
The Council moved into Room 300 for the closed session. After discussion and receiving advice on how to proceed on this issue, Ms. Siggers motioned to adjourn the closed session at 6:58 p.m. Mr. Himelright seconded and the vote was unanimous.
TIME & PLACE: June 10, 1998; Room 301 of the City/County Government Building
PURPOSE: Personnel matter (the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or official over whom it has
jurisdiction)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President P. Gillis, Council Vice President R. Cannon,
Councilwoman V. Siggers, Councilman F. Himelright, Councilman J.
Ireton, City Clerk B. Colegrove, Executive Officer J. Pick, City Solicitor
R. Eaton, BHZ Director W. Holland, C. Kruger
At 4:05 p.m., in Room 301 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session for the purpose of a personnel matter involving disciplinary action (the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or official over whom it has jurisdiction) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Ms. Siggers seconded and the vote was unanimous.
After receiving all the testimony from the witnesses who were called in this matter, no decision was made by Council at this time. At 6:35 p.m., Mr. Cannon motioned to adjourn. Mr. Himelright seconded and the vote was unanimous.
TIME & PLACE: June 17, 1998; Room 302 of the City/County Government Building
PURPOSE: Personnel matter (the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or official over whom it has
jurisdiction) and to consult with counsel to obtain legal advice
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1) and 10-508(a)(7)
PRESENT: Mayor B. Tilghman, Council President P. Gillis, Council Vice President
R. Cannon, Councilwoman V. Siggers, Councilman F. Himelright,
Councilman J. Ireton, City Clerk B. Colegrove, Executive Officer J. Pick,
P. Goetzke
At 11:30 a.m. in Room 302 of the City/County Government Building, Mr. Cannon motioned to convene into Closed Executive Session to consult with counsel to seek legal advice on a personnel issue involving disciplinary action as permitted under the Annotated Code of Maryland Sections 10-508(a)(7) and 10-508(a)(1). Mr. Himelright seconded and the vote was unanimous.
After discussion with the legal attorney, Council agreed to support the postponement of the personnel hearing as requested by the employee and his attorney. Mr. Cannon motioned to adjourn at 12:55 p.m. to reconvene into open session. Mr. Himelright seconded and the vote was unanimous.
TIME & PLACE: June 17, 1998; Room 302 of the City/County Government Building
PURPOSE: Personnel matter (the appointment, employment, assignment, promotion,
discipline, demotion, compensation, removal, resignation, or performance
evaluation of appointees, employees, or official over whom it has
jurisdiction)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President P. Gillis, Council Vice President R. Cannon,
Councilwoman V. Siggers, Councilman F. Himelright, Councilman J.
Ireton, City Clerk B. Colegrove, Executive Officer J. Pick
At 1:18 p.m., Mr. Himelright motioned to convene into Closed Executive Session to discuss a personnel matter involving disciplinary action as permitted under the Annotated Code of Maryland Section 10-508(a)(1) - the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or official over whom it has jurisdiction. Mr. Ireton seconded and the vote was unanimous.
After discussing the issue, Council came to a consensus and will forward their recommendation to the Mayor. At 1:31 p.m., Ms. Siggers motioned to adjourn the closed session. Mr. Cannon seconded and the vote was unanimous.