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AS AMENDED ON NOVEMBER 26, 2001
 

CITY OF SALISBURY, MARYLAND

#21 MEETING                                                                                                             NOVEMBER 13, 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, Police Chief Allan Webster, Building, Housing & Zoning Director William Holland, 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 and the Pledge of Allegiance were recited.

The following items were added as emergency items:

    1.    Award of Bids - Ms. Siggers moved and Mr. Webster seconded. The vote was unanimous.
    2.    Ordinance No. 1828, amending Section 12.32.020 of the Salisbury Municipal Code to delete
           West Main Street from Market Street to Division Street as a pedestrian mall for a period of two
           years, to amend Section 10.08.010(A) to set the speed limit, and to enact an appropriate budget
           ordinance amendment - Mr. Scott moved and Mr. Webster seconded. The vote was unanimous.
    3.    Resolution No. 802, approving rules for reopening the pedestrian mall on West Main Street
           from Market Street to Division Street and to define the review process of said street opening in
           2003 - Mr. Webster moved and Mr. Scott seconded. The vote was unanimous.

The agenda, as amended, was unanimously approved upon a motion by Ms. Siggers and seconded by Mrs. Polk.

APPROVAL OF OCTOBER 22, 2001 MINUTES

On a motion by Mr. Webster and seconded by Mr. Scott, the minutes of October 22, 2001 were unanimously approved.

PRESENTATION OF FISCAL YEAR 2001 AUDIT REPORT

Mr. Scott moved and Mr. Webster seconded to bring the Fiscal Year 2001 audit report on the floor for discussion. Ms. Susan Keen and Mr. Dan O'Connell, representing the accounting firm of Pigg, Krahl, Stern & Co., P.A., presented the City's Fiscal Year 2001 audit report. The City was issued an unqualified opinion (clean audit opinion), the highest level of assurance the firm can render. A copy of the financial highlights, as reviewed by Ms. Keen and Mr. O'Connell, is attached and made a part of these minutes.

The audit report was unanimously accepted by Council.

ORDINANCE NO. 1827 - 1ST READING - BUDGET AMENDMENT TO PROVIDE FOR THE DEPOSIT OF $13,125 FROM THE STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY TO FUND THE PURCHASE OF A MARKED PATROL VEHICLE

Ms. Siggers moved and Mr. Webster seconded to approve Ordinance No. 1827 for first reading. Police Chief Allan Webster introduced Ordinance No. 1827 as a Fiscal Year 2002 budget amendment to deposit $13,125 in insurance money from State Farm Mutual Automobile Insurance Company to fund the purchase of a replacement police vehicle.

Ordinance No. 1827 for first reading passed unanimously.

RESOLUTION NO. 799 - APPOINTMENT TO BOARD OF ELECTIONS SUPERVISORS

Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 799. Mayor Barrie Tilghman recommended the appointment of Elliott Neal White to the Board of Elections Supervisors for a term ending January 2008.

Resolution No. 799 was unanimously approved.

RESOLUTION NO. 800 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION

Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 800. Mayor Barrie Tilghman recommended the appointment of Frederick Low to the Historic District Commission for a term ending August 2005.

Resolution No. 800 passed unanimously.

RESOLUTION NO. 801 - APPROVING RECOMMENDATIONS FOR THE ESTABLISHMENT OF A GOVERNING BOARD FOR PUBLIC ACCESS 26

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 801. Resolution No. 801, as briefed by Executive Officer John Pick, accepts the recommendations of the Access 26 partners group for the formation of a Board of Directors to oversee the operations of Access 26.

Resolution No. 801 passed unanimously.

ORDINANCE NO. 1828 - 1ST READING - AMENDING SECTION 12.32.020 OF THE SALISBURY MUNICIPAL CODE TO DELETE WEST MAIN STREET FROM MARKET STREET TO DIVISION STREET AS A PEDESTRIAN MALL FOR A PERIOD OF TWO YEARS, TO AMEND SECTION 10.08.010(A) TO SET THE SPEED LIMIT, AND TO ENACT AN APPROPRIATE BUDGET ORDINANCE AMENDMENT

Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1828 for first reading. A discussion ensued regarding the City's cost in reopening the Plaza, to insert a cap on the expenditures for reopening the Plaza and to define exactly what the City would fund. Based on maximum requirements, Public Works Director John Jacobs estimated the City's cost between $5,000 and $8,000 to reopen the Downtown Plaza.

Although Ms. Siggers supported opening the Plaza, she felt it was necessary to insert a cap on expenditures and to document what tasks the City would be responsible for in opening the Plaza. Mr. Stacey also felt uncomfortable without including an expenditure cap. Mayor Tilghman recommended that Urban Salisbury send a letter to the City outlining the items they would pay for in this endeavor. Mrs. Polk and Messrs. Scott and Webster believed the expenditures fell within the Public Works Department's budget for maintenance of the streets.

Ms. Siggers moved to amend Ordinance No. 1828 to include an expenditure cap of $8,000 for work performed by the City to reopen the Plaza. The motion died for lack of a second.

Ordinance No. 1828 for first reading passed on a 4-1 vote with Mr. Stacey casting the nay vote.

RESOLUTION NO. 802 - APPROVING RULES FOR REOPENING THE PEDESTRIAN MALL ON WEST MAIN STREET, FROM MARKET STREET TO DIVISION STREET, AND TO DEFINE THE REVIEW PROCESS OF SAID STREET OPENING IN 2003

Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 802, approving the rules for reopening the pedestrian mall on West Main Street, from Market Street to Division Street, and to define the review process of said street opening in 2003.

Ms. Siggers moved to amend Resolution No. 802 by adding 7C (page two) to include a review of data from Public Works and the Police Departments regarding traffic patterns, accidents, the number of vehicles, and merchant and public concerns. Mr. Webster seconded the motion. The amendment passed unanimously.

Ms. Siggers moved to amend item #1 and item #2 on page one to read as follows:

    1.    The Downtown Plaza traffic shall flow in an East to West direction (inserted - traffic after Downtown Plaza); and
    2.    Appropriate signs shall be placed designating short-term parking and a stop intersection at
           West Main Street and Market Street (deleted - the lane of travel, crosswalks; inserted in its
           place - short-term parking).

Mrs. Polk seconded the motion and the amendment passed unanimously. Resolution No. 802, as amended, passed unanimously.

MANUFACTURING EXEMPTION REQUEST - LORCH MICROWAVE

Ms. Siggers moved and Mr. Webster seconded to approve the manufacturing exemption request for Lorch Microwave. Finance Director John Cawley recommended that Lorch Microwave be granted an exemption from Personal Property Tax for their equipment purchased in 1998 and 1999. A maximum of $20,081 in personal property tax would be waived over the next five years.

Ms. Siggers, Mr. Scott and Mr. Stacey voted in favor of granting the manufacturing exemption request to Lorch Microwave. Mr. Webster voted nay. Mrs. Polk was not present during the vote. The exemption was granted on a 3-1 vote.

AWARD OF BIDS

Mr. Webster moved and Mrs. Polk seconded to bring the Award of Bids on the floor for discussion. The following items were presented for approval by Director of Procurement & Parking Carol Turner:

    1.    Contract No. 8-RC-98, Change Order No. 6
           NE Collector - Phase I (301-3230-539.70-21)
           David A. Bramble, Inc. ...................................................................................................... $ 13,000.00
    2.    Contract No. 102-02 City Vehicles and Trucks (various)
           Hertrich Fleet Services ...................................................................................................... $103,838.00

Mr. Webster moved to approve the above items individually. Mr. Scott seconded and the vote was unanimous. All voted in favor of Item #1 with the exception of Mr. Stacey. Item #2 was unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

  • City of Salisbury received $200,000 grant award for reconfiguration of the Lake Street Playground;
  • tree lighting ceremony on Saturday, December 1, on the Courthouse lawn;
  • meeting with Public Works Director on specific neighborhood concerns;
  • meeting with Schumaker Manor residents on Wednesday afternoon; and
  • wished Council Vice President Scott a happy 48th anniversary.
COUNCIL COMMENTS

Mrs. Polk thanked the citizens for attending the meeting. In regards to the reopening of the Plaza, Mr. Webster mentioned that the public needed to be educated concerning pedestrian right-of-way. Mr. Webster reported that the City Council's decision on the Robert Street rezoning was overturned by the court. Mr. Scott believed that most people were in favor of opening the Plaza in order to revitalize the Downtown area.

Ms. Siggers commented on the following: 1) she and Mayor Tilghman attended the Maryland Municipal League Legislative Conference; 2) complimented the Mayor and her staff for purchasing the memorial flag pins; 3) looking forward to development of the Plaza; 4) tragedies in the City within the last few weeks; and 5) thanked Council for considering to review the traffic situation in Resolution No. 802.

PUBLIC COMMENTS

Mr. James Trader suggested that water and sewer should be listed separately in the audit report. Mrs. Julia Hancock announced that a recycling committee meeting would be held on Wednesday evening at the City Yard at 6:00 p.m. Mrs. Hancock also voiced her concern with the overgrowth of English ivy in her area. Mr. Hebreaux St. Fleur commented on his venture to use three buildings of the Campbell Soup facility for a training center and church.

COUNCIL PRESIDENT WRAP-UP

Council President Stacey thanked the public for attending.

With no further business, the meeting adjourned at 9:10 p.m.
 

___________________                                       ___________________
City Clerk                                                             Council President

    

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