CITY OF SALISBURY, MARYLAND
#22 MEETING NOVEMBER 26, 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, Police Chief Allan Webster, 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.
Upon a motion by Mr. Webster and seconded by Mrs. Polk, the agenda was unanimously approved as presented.
APPROVAL OF NOVEMBER 26, 2001 MINUTES
Mrs. Polk moved and Mr. Webster seconded to approve the November 26, 2001 minutes. Ms. Siggers moved to amend page four of the minutes to clarify the language of her amendment to Resolution No. 802. In item #1, the word traffic was inserted to reflect that the Downtown Plaza traffic would flow in an east to west direction. In item #2, the lane of travel, crosswalks was deleted and short-term parking was inserted in its place. Mr. Webster seconded and the amendment passed unanimously.
The minutes of November 26, 2001, as amended, were unanimously approved.
ORDINANCE NO. 1827 - 2ND 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
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1827 for second reading. Police Chief Allan Webster explained that Ordinance No. 1827 was a budget amendment to deposit $13,125 in insurance money, awarded by State Farm Mutual Automobile Insurance Company, to fund the purchase of a replacement police vehicle.
Ordinance No. 1827 for second reading passed unanimously.
ORDINANCE NO. 1828 - 2ND 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 Mr. Webster seconded to approve Ordinance No. 1828 for second reading. City Solicitor Paul Wilber related that this ordinance imposes a ten miles per hour speed limit for the Plaza and removes the no expenditure of funds language to open the Plaza.
Mr. Stacey referred to the Public Works Director's estimate of $10,000 to open the Plaza ($4,000 - traffic control devices and marking; $3,000 - planter preparation and tree trimming; and $3,000 - storm grate work). Mr. Stacey related that he was still in favor of imposing an expenditure cap in the ordinance. Mrs. Polk, Mr. Scott and Mr. Webster still believed that any expenditures for reopening the Plaza fell within the Public Works Department's budget and, therefore, a cap was not in order.
Ms. Siggers wanted to support opening the Plaza, but she did not view transforming the Plaza to vehicular traffic as ordinary maintenance. It her opinion, it was more of a capital project. Ms. Siggers was not willing to support the ordinance without details of the expense being addressed.
Mr. Stacey questioned the language in the first paragraph on page three of the ordinance (provided that this sentence shall not apply to any ordinary repair or maintenance). After a brief discussion, City Solicitor Paul Wilber recommended that the phrase be deleted. Mr. Scott moved to amend Ordinance No. 1828 by deleting the phase provided that this sentence shall not apply to any ordinary repair or maintenance. Mrs. Polk seconded and the amendment passed unanimously.
Mr. Tom Becker, Chairman of Urban Salisbury, clarified that the funds for reopening the Plaza will be used to address safety issues (i.e., signs, bumpers, designation of parking spaces). No major destruction/construction will be done and if the experiment does not work, the Plaza will return to its current state. In addition to the City's estimated cost of $10,000, Urban Salisbury is also contributing $10,000 - $12,000 for planters and other improvements. Mr. Becker acknowledged that Urban Salisbury will pay for any costs incurred over $10,000. A follow-up letter will be sent tomorrow stipulating that agreement.
Ms. Siggers recommended that a resolution should be prepared in order to officially receive the contributions from Urban Salisbury for the project. Mayor Tilghman related that a resolution could be prepared to accept the planters, along with any other items Urban Salisbury initially contributes, and then see whether or not there are any over runs of monies.
After receiving favorable comments from the public to reopen the Plaza, Ordinance No. 1828, as amended for second reading, passed unanimously.
ORDINANCE NO. 1829 - 1ST 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
Mrs. Polk moved and Ms. Siggers seconded to approve Ordinance No. 1829 for first reading. Finance Director John Cawley presented Ordinance No. 1829, amending the Code to suspend the collection of the downtown business district license fee for an additional two years (2002 and 2003).
After a brief discussion, Ordinance No. 1829 for first reading passed unanimously.
ORDINANCE NO. 1830 - 1ST 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 for first reading. Council President Stacey introduced Ordinance No. 1830 which provides for the following question to be included on the General Election ballot:
"Should the City Council amend the Charter to adopt a Council-Manager
form of government?" Yes or No
Although Mr. Webster ran for office favoring a Mayor-Council form of government, he now believed the City could be run more effectively with a Council-Manager form of government. Even though the public did cast their vote in the last election against a Council-Manager form of government, the mandate was not clear cut for either system.
Ms. Siggers voiced that she would not vote for a Council-Manager form of government, and having another non-binding question was regressive.
Public comments reflected that it was unnecessary to have another ballot question when the public had already spoken.
Ordinance No. 1830 for first reading passed on a 3-2 vote with Mrs. Polk and Ms. Siggers casting nay votes.
PUBLIC HEARING - RESOLUTION NO. 803 - APPROVING COMCAST CABLE RATE FILINGS (FORMS 1240 AND 1205)
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 803. Resolution No. 803, as presented by Finance Director John Cawley, approves the calculation of the maximum permitted rates for limited basic service and regulated equipment rates and installation charges as set forth in Comcast's rate filing dated July 30, 2001. Mr. Cawley reported that a due diligence was performed on the rate filings which indicated that the filing was reasonable based upon FCC regulations. Mr. Cawley explained that the current maximum allowed is $18.54, but Comcast only charges $17.00. Their filing would bring the maximum allowed from $18.54 to $21.11. According to Mr. Cawley, Comcast did not intend to increase their rates.
Mr. Webster opined that the subscribers to only limited basic service could not afford any increase in rates, so he could not support Resolution No. 803. Mrs. Polk pointed out that the limited basic rates are cheaper now than they were in January 1993.
Executive Officer John Pick reported that the City can review the rate justification, but the rates cannot be set by the City. Due diligence was performed on the information provided and the maximum rate is acceptable. He related that Comcast was not intending to increase the rates at this point.
Mr. Tom Worley (Comcast representative) confirmed that Comcast had no plans to increase the limited basic service rates at this time and probably not in the near future.
After further discussion, Resolution No. 803 passed on a 3-2 vote with Messrs. Scott and Webster voting nay.
RESOLUTION NO. 804 - RESTRICTING THROUGH TRUCK TRAFFIC ON SECTION OF EAST MAIN STREET BETWEEN PRISCILLA AND CIVIC AVENUE
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 804. Mayor Tilghman mentioned that she was contacted by Mr. William Malone, a resident on East Main Street, concerning the heavy truck traffic on East Main Street which posed a quality of life issue for their neighborhood. A letter, signed by a majority of the residents in the area, is attached and made a part of these minutes.
Police Chief Allan Webster introduced Resolution No. 804 which restricts through truck traffic on the section of East Main Street between Priscilla Street and Civic Avenue. New signs will be posted prohibiting trucks from taking East Main Street at that location. Some of the businesses have already been contacted informing them of the proposed change. A press release will be issued regarding the change and the major truck companies will also be notified.
Resolution No. 804 passed unanimously.
RESOLUTION NO. 805 - REAPPOINTMENT OF ELDER GLEN T. ROBINSON TO THE PLANNING AND ZONING COMMISSION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 805. Mrs. Gloria Smith, representing the Planning and Zoning Department, asked Council to endorse the County Council's appointee of Elder Glen T. Robinson to the Planning and Zoning Commission for a five-year term.
Resolution No. 805 passed unanimously.
RESOLUTION NO. 806 - AMENDING CITY COUNCIL REGULATIONS AND RULES OF ORDER
Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 806. Council President Stacey presented the proposed changes to the Regulations and Rules of Order.
Mrs. Polk believed the first change (No Councilmember may criticize another Councilmember's performance and failure to comply will result in removal from the room) to be an infringement of free speech and was not enforceable. Ms. Siggers opined that the Council could pass whatever change they wanted, but they could not determine her liberty as an official or as an American. If she deemed it necessary to criticize, she would do so. Mr. Scott preferred leaving the language as stated in the Resolution.
Mr. Webster welcomed proposed change #3 (allowing the public to address Council on items under consideration in a work session) and hoped it would encourage people to attend Council's work sessions.
After further discussion concerning item #1, Mr. Wilber suggested changing the language to read that Councilmembers are encouraged to direct comments to agenda items and to conduct meetings in a professional manner.
Mr. Webster moved to amend Resolution No. 806 by changing item #1, Rule of Order 4.I., to read as follows:
"Councilmembers are encouraged to direct comments to agenda
items and to conduct meetings in a professional manner."
Mrs. Polk seconded the motion. All voted in favor of the amendment with the exception of Mr. Scott. Resolution No. 806, as amended, passed on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 807 - EXPRESSING THE CITY COUNCIL'S SUPPORT OF A TAX DIFFERENTIAL AND AUTHORIZING THE SUBMITTAL OF A REQUEST TO WICOMICO COUNTY FOR TAX DIFFERENTIAL
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 807. Finance Director John Cawley reported that the City was following the procedure set forth in the Maryland State Code for municipalities to notify the County if they are interested in either a tax rebate or a tax setoff. The Finance Department completed a study and determined that the City is entitled to request that the County reduce its property tax rate for property within City limits by $.092 per $100 of assessed valuation. If the County gave a rebate to the City, it would amount to $1,260,355.
Resolution No. 807 passed unanimously.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. The following items were presented for approval by Director of Procurement and Parking Carol Turner:
1. Self-contained Breathing Apparatus (001-2405-522.70-30)
D. P. Fire Safety, Inc. ...................................................................................................... $ 7,430.00
2. Stryker MX Stretchers (605-2610-523.70-30)
Potomac Fire Equipment .................................................................................................$12,422.40
3. Elgin Street Sweeper (001-3310-532.70-25; budgeted)
Maryland State Contract No. 001P1900703
Maryland Industrial Trucks, Inc. ................................................................................... $119,543.00
Upon a motion by Ms. Siggers and a second by Mrs. Polk, the Council voted unanimously to approve the above items as a group rather than individually. The above items were unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- working with the Executive Officer and the Public Works Director on the Permitting Process Action Team;
- Lake Street Playground - will have a community meeting in January to meet with residents and First Baptist Church for their input;
- formation of a Park Advisory Task Force to develop a 3-5 year plan to rehab the City Park;
- Executive Officer chairing Emergency Preparedness Committee - top areas perceived to be problems have been identified and prioritized;
- attending National League of Cities Conference in Atlanta, Georgia next week; and
- tree lighting festivities on Saturday evening, December 1, beginning at 5:30 p.m.
COUNCIL COMMENTS
Mrs. Polk thanked the public for attending and extended appreciation for those who stayed for the duration of the meeting.
Mr. Webster felt the opening of the Plaza was a gateway to success. Mr. Scott also felt the opening of the Plaza was a step in the right direction.
Ms. Siggers commended the Mayor for her energy in helping the City move forward. Ms. Siggers mentioned that Bernie and James Greene once again had a very successful food drive for the Joseph House organization with over 11,000 pounds of food being received. Although opening the Plaza was a good move, it was not a move Ms. Siggers would have initiated. She was not particularly interested in adding to the traffic situation, but she was interested in promoting the growth of Salisbury.
PUBLIC COMMENTS
No comments were received.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey asked the Mayor's Office to provide a list of those members serving on the Emergency Preparedness Committee and their mission.
With no further discussion, the meeting adjourned at 9:11 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
NOVEMBER 29, 2001
TIME & PLACE: 6:06 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with City Solicitor on a legal issue (day care center property
rezoning case)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(7)(8)
PRESENT: 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
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At 6:06 p.m., in Room 305 of the City/County Government Building, Ms. Siggers moved to convene in Closed Executive Session for the purpose of consulting with the City Solicitor on a day care center property rezoning case. Mr. Scott seconded and the vote was unanimous (Mrs. Polk arrived after the vote was taken).
After discussing the legal aspects and suggestions offered, Mr. Wilber and Mr. Pick were provided direction on how to proceed. This issue will be addressed at the December 6, 2001 work session.
At 6:45 p.m., upon a motion by Mrs. Polk and seconded by Ms. Siggers, the Council unanimously voted to adjourn the closed session and convene in open session.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 4, 2001
TIME & PLACE: 6:00 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel issue
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(1)(ii)
PRESENT: Council President William Stacey, Council Vice President Joseph Scott,
Councilwoman Rachel Polk, Councilwoman Lavonzella Siggers,
Councilman C. T. Webster, City Clerk Brenda Colegrove
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At 6:00 p.m. in Room 305 of the City/County Government Building, Mr. Webster moved to convene in Closed Executive Session for the purpose of discussing a personnel issue as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(ii). Mr. Scott seconded. Messrs. Scott, Stacey and Webster voted aye and Ms. Siggers voted nay. Mrs. Polk arrived after the vote was taken.
After discussing all the issues, the Council arrived at a consensus for the Council President to write a letter to the Mayor requesting her to proceed as outlined in her December 4, 2001 letter.
At 6:54 p.m., upon a motion by Ms. Siggers and seconded by Mrs. Polk, the Council unanimously voted to adjourn the closed session.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 6, 2001
TIME & PLACE: 8:40 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with City Solicitor on a legal issue (day care center property rezoning case)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(7)(8)
PRESENT: 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
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At 8:40 p.m. in Room 305 of the City/County Government Building, Ms. Siggers moved to convene in a Closed Executive Session for the purpose of consulting with the City Solicitor on a day care center property rezoning case as permitted under the Annotated Code of Maryland Sections 10-508(7)(8). Mr. Webster seconded and the vote was unanimous.
Mr. Wilber apprised the Council of his discussion with the applicant's attorney. After discussing the legal aspects, a consensus was reached by Council on how they will proceed in this case.
At 8:54 p.m., upon a motion a second by Ms. Siggers and Mrs. Polk, respectively, the Council adjourned the closed session and reconvened in open session.
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City Clerk
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Council President