CITY OF SALISBURY, MARYLAND
CITY COUNCIL MEETING MINUTES
APRIL 26, 1999
MEETING #8
As amended on May 10, 1999
PRESENT
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman James Ireton
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Acting Police Chief Ed Guthrie, Deputy Fire Chief Tom Lewis, Finance Director Roger Baskerville, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, PW Director Wil Elliott, P & Z Director Kristen Mark Hughes and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman
CONVENING
The Salisbury City 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 Cannon called the meeting to order.
APPROVAL OF LEASE FOR SALISBURY FESTIVAL CHAMBER OF COMMERCE
Mr. Gillis motioned and Mr. Ireton seconded to add as an emergency item to the agenda the approval of the lease to the Chamber of Commerce for the Salisbury Festival. Executive Officer John Pick informed Council that some lots were needed for four or five days which required Council's approval for the lease.
After discussion, the approval of the lease to the Chamber of Commerce for the Salisbury Festival was unanimously approved.
POLICE CHIEF SEARCH COMMITTEE
Council President Cannon reported that the police chief interviews were scheduled for May 5, 1999. However, it had been questioned whether the procedure for the selection of the chief of police was legal or appropriate in light of the recent Court of Special Appeal's decision rendered in the Andy's Ice Cream case. It may appear as though the City has delegated decision-making authority to another entity (Police Chief Search Committee). In the Andy's Ice Cream case, it was ruled by the Court that it was illegal for city government to delegate decision-making to a committee or commission. Committees or commissions can only be asked to engage in mere ministerial tasks.
Mr. Ireton motioned and Mr. Himelright seconded to add as an emergency item to the agenda the discussion of the Police Chief Search Committee. Mr. Jim McCauley, Chairman of the Search Committee, reported that the committee met about nine times. Mayor Tilghman gave them their charge at the initial meeting. She came in on two or three other occasions for about ten minutes, but did not sit in on the entire meetings. Mr. McCauley met with the Mayor privately after the meetings and provided an overview of the issues discussed. After the committee reviewed all the applications submitted, the candidates were narrowed down to eight. The eight candidates were interviewed by the committee and afterwards Mr. McCauley provided Mayor Tilghman with the results of the interviews. Mayor Tilghman did not meet the candidates or question them. She reviewed the information and then proceeded to schedule the interviews for the top five candidates with Council.
City Solicitor Paul Wilber related that Mayor Tilghman was involved in developing the questions that were asked of the candidates. There was an intensive review by Mr. McCauley and the Mayor at the conclusion of these meetings. The Mayor received the committee's recommendation and she made the decision on who made the cut. The letters sent to the candidates who did not make the cut were signed by Mayor Tilghman. There was nothing in the letter about the search committee.
Mr. Gillis noted there were concerns expressed at the last work session concerning the legality of the process. Mr. Wilber was not able to render a decision at that time until he met with Mayor Tilghman. Mr. Gillis emphasized that he wanted to make sure the process was done legally. In his opinion, it did not sound as if it was legal, however, he was willing to abide by the City Solicitor's opinion and move forward with the interviews on May 5, 1999. Mr. Gillis read Ms. Siggers' memo to the Mayor and Council which stated that it was her responsibility to the public as an elected official to review all the applications. Mr.Gillis thought this was probably a good idea since it would cleanse the process.
Mr. Ireton believed the process was legally correct, but he agreed with Ms. Siggers' letter to review all the candidates.
In Mr. Robert Taylor's view, the committee did a prior veto in narrowing the candidates down to five which is illegal. In Mr. Taylor's opinion, there was no indication in the letter to the unsuccessful candidates as to who made the decision. He remarked that he probably agreed with Ms. Siggers' recommendation to review all the applications.
Mr. Bruce Robson questioned why this was being discussed since a legal opinion had already been rendered by the City Solicitor. Ms. Mary Ashanti, President of the Wicomico County NAACP, commended Ms. Siggers for her recommendation and opined that all the candidates should have been given the opportunity to answer the questions instead of just a few.
Based upon the facts he heard tonight and reading the decision of the Court of Special Appeals, Mr. Cannon thought there was quite a bit of decision-making delegated to the committee. However, even though he did not agree with Mr. Wilber's opinion that the process was done legally, he would defer to his expertise.
Mr. Himelright noted that he was ready to move on, but he still had concerns. Ms. Siggers appreciated the committee's time and effort in this process, but thought that Council should have an opportunity to review all the applications to their own satisfaction.
APPROVAL OF MINUTES APRIL 12, 1999
On a motion by Mr. Himelright and seconded by Mr. Ireton, the minutes of April 12, 1999 were unanimously approved.
ORDINANCE NO. 1721 - 2ND READING - LOITERING OR PROWLING ORDINANCE
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1721 to bring it on the floor for discussion. Ordinance No. 1721, as highlighted by Acting Police Chief Ed Guthrie, creates Section 9.08.250 of the Salisbury Municipal Code prohibiting loitering in certain instances.
After a brief discussion, all voted in favor of Ordinance No.1721 for second reading with the exception of Ms. Siggers who voted nay.
ORDINANCE NO. 1722 - 2ND READING - CLOSING A PORTION OF ELM STREET
Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1722 to bring it on the floor for discussion. Public Works Director Wil Elliott briefed Council on Ordinance No. 1722 which closes a portion of Elm Street (paper street) and conveys the designated area to Dorothy Hudson, formerly known as Dorothy Godfrey, John H. Riley, Jr., J-K-J Investments Limited Partnerships.
All voted in favor of Ordinance No. 1722 for second reading with the exception of Ms. Siggers who abstained.
ORDINANCE NO. 1723 - 1ST READING - PROPOSED FISCAL YEAR 2000 BUDGET AND SETTING THE DATE FOR A PUBLIC HEARING
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1723 to bring it on the floor for discussion. Executive Officer John Pick gave an overview of items included in the $26,662,272 proposed budget. A copy of the Mayor's proposed FY2000 budget summary is attached and made a part of these minutes. Copies of the entire budget are available for review in the Mayor's Office and the Wicomico County Library. The public hearing date for the budget is scheduled for May 24, 1999.
Mr. Gillis thanked the Mayor and staff for getting the proposed budget to Council on time. Mr. Cannon related that passage of the Ordinance for first reading did not give a stamp of approval on the budget as presented. Ms. Siggers expressed her appreciation for the Mayor's emphasis on neighborhoods and communities in the budget.
After a brief discussion clarifying the funding for street repairs, Ordinance No. 1723 passed unanimously for first reading.
ORDINANCE NO. 1724 - 1ST READING - 1999 BOND ISSUE
Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1724 to bring it on the floor for discussion. Finance Director Roger Baskerville introduced Ordinance No. 1724 which authorizes and empowers the City to issue and sell a general obligation bond in the amount of $4,860,000 for the purpose of financing the following projects:
General Fund Amount
1. Northeast Collector Road $1,365,000
2. Isabella Street Box Culvert 846,300
3. Fire Engine 172,900
Total General Fund $2,384,200
Water Fund
1. Northeast Collector Road Water Main
Route 50 to Old Ocean City Road $ 361,100
2. Northeast Collector Road Water Main
Old Ocean City Road to Middle Neck Drive 334,880
3. Water Main upgrade - Isabella Street 273,000
Total Water Fund $ 968,980
Sewer Fund
1. Northeast Collector Road Sewer Main $ 541,620
Route 50 to Old Ocean City Road
2. Northeast Collector Road Sewer Main 502,320
Old Ocean City Road to Middle Neck Drive
3. Sewer Main upgrade - Isabella Street 409,500
Total Sewer Fund $1,453,440
Cost of Issuance and Contingency $ 53,380
Total Bond Issue Cost $4,860,000
Nations Bank was the winning bidder with an interest rate of 4.39% for fifteen years. Settlement date is projected for May 18, 1999.
Mr. Cannon expressed his opposition to Ordinance No. 1724. He felt the City was going to the market too soon and he did not agree with stripping the street repair maintenance to pay for the debt service. Ms. Siggers noted that since they only received the information today, she may have questions at the second reading.
After further discussion, Mr. Gillis, Mr. Himelright and Ms. Siggers voted in favor of Ordinance No. 1724 for first reading. Mr. Ireton and Mr. Cannon voted nay.
RESOLUTION NO. 644 - EARN A BIKE PROGRAM
Mr. Himelright motioned and Mr. Ireton seconded to approve Resolution No. 644 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie presented Resolution No. 644 endorsing the Salisbury Earn-A-Bike Youth Program. The program provides young people with an opportunity to earn a bicycle in return for performing a community service.
Although Ms. Siggers conceptually thought the program looked good, she personally was not in support of it. She referred to a previous program in which the parents complained that the kids were being used as informants.
All voted in favor of Resolution No. 644 with the exception of Ms. Siggers who voted nay.
RESOLUTION NO. 645 - APPOINTMENTS TO THE ZOO COMMISSION
Mr. Himelright motioned and Ms. Siggers seconded to approve Resolution No. 645 to bring it on the floor for discussion. Resolution No. 645 included the following individuals for appointments to the Zoo Commission:
Term to Expire on:
Samuel M. Walker December 31, 2000
Roland Leiman December 31, 2000
Rev. Joseph Henry December 31, 2000
Frank Himelright December 31, 2000
Representing the Friends of the Salisbury Zoo:
Paul Kratzer December 31, 2000
Representing the Docents:
Ann K. Stauffer December 31, 2000
Executive Officer John Pick advised that the Mayor recommended for Council not to act on appointing the representatives from the Friends of the Salisbury Zoo or the Docents because it would necessitate a change to the Zoo Commission's by-laws to allow the appointments. The by-laws also state three year terms and the above individuals were recommended for two year terms.
Mr. Himelright agreed that the representatives from the Friends of the Salisbury Zoo and the Docents should be eliminated from the appointments. Mr. Himelright motioned and Mr. Ireton seconded to amend Resolution No. 645 by appointing Samuel M. Walker and Roland Leiman to terms expiring December 31, 2001 and Rev. Joseph Henry to a term expiring December 31, 2000.
Mr. Himelright indicated that his term should expire on the third week in May. Mr. Ireton amended the motion to appoint Samuel M. Walker and Roland Leiman to terms expiring December 31, 2001, Rev. Joseph Henry to a term expiring December 21, 2000 and Mr. Frank Himelright to a term expiring May 15, 2000 (last day of term in office). Mr. Himelright seconded the motion. All voted in favor of the amendment.
In response to Ms. Siggers' inquiry, Mr. Pick indicated that city residents who expressed interest were given consideration by the Zoo Commission. After further discussion, Resolution No. 645, as amended, passed unanimously.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement & Parking Carol Turner, C.P.M., CPPB:
1. Declaration of Surplus - P.D. Horse "Danny" (put down). . . . .-0-
2. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . . $12,095.66
3. Contract No. 11-98-UG; Change Order No. 1
Salisbury Urban Greenway
(FAP No. STP-1 {460}E; SHA No. W16855125) . . . . . . . $21,418.09
(Deduction to the original contract)
After a brief discussion, the above items were unanimously approved.
MAYOR'S COMMENTS
No comments.
COUNCIL PRESIDENT'S COMMENTS
No comments.
PUBLIC COMMENTS
Mr. Robert Taylor commented on the fountains in the park. Mr. Robert Ryan inquired if the police chief interviews on May 5th would be public. Executive Officer John Pick reported that the schedule had not been finalized, but they were considering a public meeting in the evening.
With no further business, the meeting adjourned at 8:55 p.m.
City Clerk
Council President