CITY OF SALISBURY, MARYLAND
#23 MEETING DECEMBER 10, 2001
PRESENT
Mayor Barrie P. Tilghman Council President William F. Stacey
Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk
Councilwoman Lavonzella Siggers Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Stacey called the meeting to order. The Lord's Prayer was repeated followed by Cub Scout Pack 817 (Elks Lodge) leading the Pledge of Allegiance.
Ms. Siggers moved and Mrs. Polk seconded to approve the agenda. The following items were added as urgent items to the agenda:
1. Ordinance No. 1833 - 1st Reading - FY02 water and sewer budget amendment to appropriate funds ($115,000) for potable water system security measures (add after Ordinance No. 1832) - Mr. Webster moved, Ms. Siggers seconded and the vote was unanimous.
2. Resolution No. 810 - appointments to Access 26 Board of Directors (add after Resolution No. 809) - Mrs. Polk moved, Ms. Siggers second and the vote was unanimous.
3. Resolution No. 811 - amendment to Employee Handbook, Military Leave for Active Duty (add after Certificate of Appreciation) - Mr. Webster moved, Mrs. Polk seconded and the vote was unanimous.
The agenda, as amended, was unanimously approved.
APPROVAL OF NOVEMBER 26, 2001 MINUTES
On a motion by Mr. Webster and seconded by Mrs. Polk, the minutes of November 26, 2001 were unanimously approved.
CERTIFICATE OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to Berni Greene in recognition of her ongoing commitment to the community of Salisbury and eighteen years of service contributions to the well-being of our citizens.
RESOLUTION NO. 811 - AMENDMENT TO EMPLOYEE HANDBOOK, MILITARY LEAVE FOR ACTIVE DUTY
Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 811. Wicomico County Human Resources Director Ed Cox explained that Resolution No. 811 provides to those persons who are called up for active duty, as a member of the U.S. Armed Forces Reserves or the National Guard, the maintenance of health benefits, life insurance and a pay differential in those cases in which an active reservist or guardsman's salary is lower than the individual makes as an active employee. The amendment is retroactive to September 11, 2001. Mr. Cox also noted that Mr. Webster's suggestion for a military bonus is being investigated and will be presented at a future work session.
Resolution No. 811 passed unanimously.
ORDINANCE NO. 1830 - 2ND READING - PROVIDING QUESTION ON THE GENERAL ELECTION BALLOT ON CHANGING FROM MAYOR-COUNCIL FORM OF GOVERNMENT TO COUNCIL-MANAGER FORM OF GOVERNMENT
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1830 providing for a ballot question on changing to a council-manager form of government. Council President Stacey called upon Mr. Robert Taylor to provide a summarization of a council-manager form of government. Mr. Taylor noted that the previous City Council adopted a change to council-manager form of government without going to the electorate first for a straw vote. In his opinion, the vote on the council-manager referendum question was not a substantial, one-sided decision (46-54% vote). Mr. Taylor believed the question warranted being brought forth again to the electorate in an atmosphere of less animosity.
Comments were received from nine members of the public with an overwhelming majority indicating that the electorate had already spoken during the 2000 election on this issue.
Mrs. Polk commented that no matter which form of government the City has, the Mayor and Council have to get along. Mrs. Polk cautioned the public to pay attention to the caliber of people they elect. With a mayor-council form of government, the public has direct access and the opportunity to get answers first-hand. In her opinion, this would not be the case with a council-manager form of government.
Mr. Webster noted that this ordinance provides for a straw vote on the 2002 ballot to get the will of the public and may even encourage a larger voter turnout. Mr. Webster acknowledged that he originally was a strong supporter of mayor-council form of government, but was now convinced that the City would be better served with a council-manager form of government.
When Mr. Scott ran for office, he was in favor of a council-manager form of government and now he was even more in favor of changing. He encouraged the public to educate themselves on this type of government.
Ms. Siggers viewed bringing this issue back on the ballot as a disregard to the public since it was defeated in the 2000 election. Even though it may have been a marginal win, it was still a win. Ms. Siggers commented that a lot of municipalities with a council-manager form of government are now regretting it and would like to return to a strong mayor form of government. She had no indication that council-manager was a better form of government and, therefore, she was not inclined to support it.
After further discussion, Ordinance No. 1830 for second reading passed on a 3-2 vote with Mrs. Polk and Ms. Siggers casting the nay votes.
ORDINANCE NO. 1829 - 2ND READING - AMENDING SECTION §5.04.040 OF THE SALISBURY MUNICIPAL CODE TO SUSPEND THE COLLECTION OF THE DOWNTOWN BUSINESS DISTRICT LICENSE FEE FOR AN ADDITIONAL TWO YEARS
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1829 for second reading. Finance Director John Cawley presented Ordinance No. 1829 as amending §5.04.040 of the Salisbury Municipal Code to continue the exemption of all businesses in the downtown business district for an additional two years (2002 and 2003).
Ordinance No. 1829 for second reading passed unanimously.
ORDINANCE NO. 1831 - 1ST READING - CLOSING OF UNNAMED PAPER STREET NORTH OF EAST NAYLOR MILL ROAD
Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1831 for first reading. City Solicitor Paul Wilber briefed Council on the closing of an unopened street north of East Naylor Mill Road. With the development of the Hampton Inn and Mill Pond Village, the road has been redesigned to allow for future traffic flow from East Naylor Mill Road in a northward direction between the Hampton Inn and the Mill Pond Village Apartment Complex. The ordinance would remove the paper street from the plat recorded in the Land Records so no confusion would exist between the new future street and the old paper street.
Ordinance No. 1831 for first reading passed unanimously.
ORDINANCE NO. 1832 - 1ST READING - AMENDING §2.32.010B OF THE SALISBURY MUNICIPAL CODE TO ALLOW THE SALISBURY FIRE DEPARTMENT TO RESPOND OUTSIDE OF THE FIRE DISTRICT UNTIL JANUARY 1, 2003
Mr. Webster moved and Ms. Siggers seconded to approve Ordinance No. 1832 for first reading. Fire Chief Stephen Brezler introduced Ordinance No. 1832 amending §2.32.010B of the Salisbury Municipal Code to provide automatic aid to areas lying outside of the Salisbury Fire District in Wicomico County, by lending the appropriate fire and emergency medical equipment and apparatus until January 2, 2003, or until an updated reimbursement agreement for fire and emergency medical services is reached between the City, Wicomico County and the outlying jurisdictions, whichever is later.
Ordinance No. 1832 for first reading passed unanimously.
ORDINANCE NO. 1833 - 1ST READING - FY02 WATER AND SEWER FUND BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR POTABLE WATER SYSTEM SECURITY MEASURES
Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1833 for first reading. Public Works Director John Jacobs, along with Water Plant Superintendent Bill Dotson, introduced Ordinance No. 1833 which appropriates $115,000 for installing security measures to protect the water system facilities from potential terrorist attacks.
Ordinance No. 1833 for first reading passed unanimously.
RESOLUTION NO. 808 - ACCEPTING GIFT FROM URBAN SALISBURY TO REOPEN THE DOWNTOWN PLAZA
Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 808. Resolution No. 808, as outlined by Mayor Tilghman, accepts the gift of materials valued at $13,000 (sixty planters with associated plant materials and pedestrian safety railing) to convert the City's Downtown Plaza to a street.
Resolution No. 808 passed unanimously.
RESOLUTION NO. 809 - ENTERPRISE ZONE ELIGIBILITY - VPI MIRREX
Mr. Webster moved and Ms. Siggers seconded to approve Resolution No. 809. Executive Officer John Pick briefed Council on VPI Mirrex's request for Enterprise Zone Designation. Since VPI Mirrex had invested more than $50,000 in the property, Mr. Pick recommended that the City Council adopt Resolution No. 809 designating VPI Mirrex, located at 601 Marvel Road, eligible to receive the benefits of the Enterprise Zone.
Resolution No. 809 passed unanimously.
RESOLUTION NO. 810 - APPOINTMENTS TO ACCESS 26 BOARD OF DIRECTORS
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 810. Mayor Tilghman recommended the appointment of Councilman C. T. Webster, Ms. Grace Foxwell Murdock and Ms. Kay Becque to serve on the Access 26 Board of Directors.
All voted in favor of the appointments with the exception of Mr. Webster's abstention.
MANUFACTURING EXEMPTION REQUEST - MASON DIXON MACHINING, INC.
Mrs. Polk moved and Mr. Webster seconded to approve the manufacturing exemption request for Mason Dixon Machining, Inc. Finance Director John Cawley presented Mason Dixon Machining's request for an exemption from Personal Property Tax for equipment purchased in 2000. Over the next five years, it would save the company a total of $7,086 in personal property tax.
The manufacturing exemption request was unanimously approved.
AWARD OF BIDS
Ms. Siggers moved and Mr. Webster seconded to approve the Award of Bids. The following item was presented by Director of Procurement & Parking Carol Turner:
1. Declaration of surplus (J. R. Champion Australian Stock Saddle and ....................................................-0-
pair of black riding boots)
The above item was unanimously approved. Mrs. Turner commented that inquiries and expressions of interest for developing parking lot #15 have been received. Information will be presented to Council at a work session in January for declaring this lot surplus and bidding out the property.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following items:
- City's Christmas card with artwork provided by Anne Vincent, a senior at Parkside High School (Visual and Performing Arts Program);
- December 13 follow-up meeting on the mid-Camden initiative;
- groundbreaking for the Flamingo Exhibit on December 12 at noon;
- Neighborhood Compact Meeting to be held on December 12 at the University (Scarborough Leadership Center);
- Princeton Homes Newsletter;
- City's Christmas party on December 14 at the Civic Center;
- Permitting Process Action Team meeting on December 12;
- Governor to make announcement on Community Legacy on December 11 - Salisbury invited to attend (Deborah Stam will attend on behalf of City);
- will be in Crisfield on December 11 serving lunch to the office staff of the Chairman of McCready Hospital (auction item she gave sitting as member of the Lower Eastern Shore Governor's Council on Disabilities);
- second round of funding coming up for community parks and playgrounds - will be working on that along with open space program; and
- attendance at National League of Cities Conference in Atlanta, Georgia.
COUNCIL COMMENTS
Ms. Siggers expressed that even though the vote on the council-manager issue did not go the way she hoped, it did go as she predicted with the majority of Council not listening to the public. She encouraged members of the Council to educate themselves and enhance their abilities to serve in this capacity by attending Maryland Municipal League or National League of Cities conferences and seminars.
Mr. Scott thanked the public for attending. Mr. Webster voiced that the City should continue to support those employees called to active duty and hoped that the City would consider a military bonus for those individuals.
Mrs. Polk thanked those members of the audience who stayed for the entire meeting and asked them to consider which body presented more information to them this evening about the City of Salisbury.
PUBLIC COMMENTS
Mr. Dave Harrison commented on a potential hazard at Rt. 50/Main Street/Old Ocean City Road. Ms. Maria Mitchell commented on the results of a community needs assessment with neighborhood residents. Significant issues included personal safety, safety of private property and lack of communication between neighbors.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey thanked the public for attending and announced that Council would be convening in a Closed Executive Session following the adjournment of the regular meeting to consult with legal counsel on the acquisition of property and potential litigation.
With no further business, the meeting adjourned at 9:02 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 10, 2001
TIME & PLACE: 9:05 p.m., Room 301 - City/County Government Building
PURPOSE: Consult with City Solicitor on the acquisition of property and potential litigation
VOTE TO CLOSE: 4-0 (Ms. Siggers not present during vote to close)
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(8)
PRESENT: Mayor Barrie Tilghman, Council President William Stacey,
Council Vice President Joseph Scott, Councilwoman Rachel Polk,
Councilwoman Lavonzella Siggers, Councilman C. T. Webster,
City Clerk Brenda Colegrove, Executive Officer John Pick,
City Solicitor Paul Wilber, Public Works Director John Jacobs,
Director of Parking & Procurement Carol Turner,
Mr. Jim Thomas (representing George Miles & Buhr) and
Mr. Noli Alarcon (representing Timothy Haahs & Associates)
Note: Mrs. Turner and Messrs. Thomas and Alarcon were only
present for the potential litigation issue.
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At 9:05 p.m. in Room 301 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to consult with the City Solicitor on the acquisition of property and potential litigation issues. Mrs. Polk seconded. All voted in favor with the exception of Ms. Siggers who was not present during the vote to close.
Director of Procurement & Parking Carol Turner, along with Messrs Thomas and Alarcon, briefed Council on a potential litigation issue involving the parking garage extension project. Updates will be provided as the project progresses.
City Solicitor Paul Wilber and Public Works Director John Jacobs provided an update on the acquisition of property negotiations involving the Northeast Collector project.
At 9:50 p.m., upon a motion and a second by Mrs. Polk and Ms. Siggers, respectively, the Council unanimously voted to adjourn the closed session.
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City Clerk
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