CITY OF SALISBURY, MARYLAND
#17 MEETING AUGUST 26, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilman Michael Day
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, Attorney Newt Jackson, Finance Director John Cawley, Public Works Director John Jacobs, Grants/Special Projects Director Deborah Stam, and interested Citizens and Members of the Press.
ABSENT
Councilwoman Rachel Polk
****************************************************************************** CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Webster moved and Mr. Scott seconded to amend the agenda as follows: 1) add Certificates of Appreciation; 2) delete Award of Bids; and 3) postpone Resolution No. 879 (accepting State funds and contributions for restoration of City Bandstand and Bridge). The motion passed unanimously. The agenda, as amended, was unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman recognized the 2002 West Salisbury Junior League All-Stars, winners of the local District 8 Title and Maryland State Championship by presenting Certificates of Appreciation to the following individuals:
Manager/Coaches Players
Steve Woodward, Manager Spencer Brown Michael Boswell Marty Zawacki
Bob Somers, Coach Steven Benvenuto Ben Rease Steven Woodward
Rob Johnson, Coach Derrek Johnson Kevin Laliberte Evan Davis
Gary Brown, Coach Anders Randrup Colin Davis Bobby Somers
C. J. Brown
PUBLIC COMMENTS
Mr. James Trader commented on the following: 1) has not seen any definitive planning, timetable, projected cost, or status with EPA/MDE regarding the Wastewater Treatment Plant; 2) status of addressing traffic problems; 3) questioned need for stop sign at railroad crossing on Church Street; and 4) status of addition to parking garage.
Ms. Shanie Shields commented on the need for a left turn light at Rt. 50 and Delaware Avenue.
APPROVAL OF AUGUST 12, 2002 MINUTES
On a motion and a second by Mr. Webster and Mr. Scott, respectively, the minutes of August 12, 2002 were unanimously approved.
ORDINANCE NO. 1853 - 2ND READING - AUTHORIZING PATSY AND DONALD HASTINGS TO OPERATE A DAY CARE CENTER AT 306 TILGHMAN ROAD IN LIGHT BUSINESS AND INSTITUTIONAL DISTRICT
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1853 for second reading. Mr. Matt Davis, Planning and Zoning Department, presented Ordinance No. 1853 authorizing Patsy and Donald Hastings to operate a day care center at 306 Tilghman Road in a Light Business and Institutional District. Mr. Davis reported that there were no changes since the first reading.
Ordinance No. 1853 for second reading was unanimously approved.
ORDINANCE NO. 1854 - 2ND READING - TEXT AMENDMENT, SECTION 17.72 INDUSTRIAL DISTRICT, TO PERMIT OFFICES AND OFFICE BUILDINGS IN THE INDUSTRIAL DISTRICT
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1854 for second reading. Ordinance No. 1854, as addressed by Mr. Matt Davis, amends Section 17.72.020 of the Salisbury Municipal Code by adding offices and office buildings as permitted uses in the Industrial District.
Ordinance No. 1854 for second reading was unanimously approved.
ORDINANCE NO. 1855 - 2ND READING - FY03 BUDGET AMENDMENT TO PROVIDE FUNDS FOR PAYMENT OF RED LIGHT CAMERA EXPENSES
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1855 for second reading. Finance Director John Cawley presented Ordinance No. 1855 amending the FY03 budget to provide $261,000 for payment of red light camera expenses.
Ordinance No. 1855 for second reading passed unanimously.
ORDINANCE NO. 1856 - 2ND READING - FY03 BUDGET AMENDMENT ALLOCATING $50,000 FOR CITY PARK BANDSTAND
Mr. Webster moved and Mr. Day seconded to approve Ordinance No. 1856 for second reading. Executive Officer John Pick addressed Ordinance No. 1856 amending the FY03 budget to allocate $50,000 for the City Park Bandstand.
Ordinance No. 1856 for second reading passed unanimously.
ORDINANCE NO. 1857 - 2ND READING - FY03 BUDGET AMENDMENT ALLOCATING FUNDS TO RATE STABILIZATION RESERVE
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1857 for second reading. Ordinance No. 1857, as briefed by Executive Officer John Pick, amends the FY03 budget by allocating the City's share of $21,280 to the Rate Stabilization Reserve Account, a condition of participation in the Wicomico County Public Entities Group for the pooled purchase of health insurance.
Ordinance No. 1857 for second reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 880 - AMENDMENT TO COMPREHENSIVE PLAN - LOWER EASTERN SHORE HERITAGE AREA MANAGEMENT PLAN
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 880. Mr. Matt Davis introduced Resolution No. 880 as an amendment to the Metro Core Comprehensive Plan to incorporate the Lower Eastern Shore Heritage Area Management Plan by reference. The Salisbury Planning and Zoning Commission forwarded a favorable recommendation to the Council for approval of the following amendment:
"In April 2002, the Maryland Heritage Areas Authority officially granted certification
status to the Lower Eastern Shore Heritage Area, comprising heritage sites and places in
Wicomico, Worcester and Somerset Counties. This status recognizes the unique heritage
and heritage tourism destinations within the City of Salisbury and offers an opportunity
for coordinated and enhanced heritage tourism activity. Consequently, the Lower Eastern
Shore Heritage Area Management Plan is hereby incorporated, by reference, in the
Metropolitan Core Comprehensive Plan."
Resolution No. 880 was unanimously approved.
RESOLUTION NO. 876 - AMENDMENT TO SALISBURY CITY COUNCIL REGULATIONS AND RULES OF ORDER
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 876. Council President Siggers introduced Resolution No. 876 amending the Council's Regulations and Rules of Order. Amendments were made to Rule of Order No. 3 (Agendas), Rule of Order No. 4.H. (under Conduct of Regular Meetings), Rule of Order No. 5, Public Input, and Rule of Order No. 6.L. was added under Voting and the Making of Motions.
Resolution No. 876 was unanimously approved.
RESOLUTION NO. 877 - ADOPTING A REVISED ENFORCEMENT RESPONSE PLAN
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 877. Public Works Director John Jacobs presented Resolution No. 877 adopting a revised Pretreatment Program Enforcement Response Plan. The revised plan was reviewed by the Maryland Department of the Environment and the Environmental Protection Agency.
Resolution No. 877 passed unanimously.
RESOLUTION NO. 878 - RESOLUTION OF SUPPORT FOR A HOUSING CONSTRUCTION AND/OR REHABILITATION PROJECT TO BE UNDERTAKEN BY HABITAT ON MARYLAND’S LOWER SHORE, INC.
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 878. Ms. Deborah Stam, Grants/Special Projects Director, introduced Resolution No. 878, a resolution of support for the housing construction and/or rehabilitation project to be undertaken by Habitat on Maryland's Lower Shore, Inc. Mr. Michael Donahue, President of Habitat on Maryland's Lower Shore, provided an overview of Habitat's mission and the proposed project. The money will be used to build new and/or rehab homes in downtown Salisbury to support the revitalization effort.
Resolution No. 878 was unanimously approved.
COMCAST CABLE RATE NOTIFICATION - ISSUANCE OF TOLLING ORDER
Mr. Webster moved and Mr. Scott seconded to approve the issuance of a Tolling Order. Mr. Newt Jackson reported that the City has thirty days to take action on Comcast's rate filing of Forms 1240 and 1205. The Tolling Order would provide an additional sixty days for review of the figures to determine if they are justified.
The issuance of a Tolling Order was unanimously approved.
MANUFACTURING EXEMPTION REQUESTS
Mr. Webster moved and Mr. Scott seconded to approve the manufacturing exemptions requests for Plymouth Tube Company, VPI Mirrex LLC, ClearComm Technologies, and RelComm Technologies, Inc. Finance Director John Cawley presented the following requests for manufacturing exemptions:
1. Plymouth Tube Company - for equipment purchased in 2001. Over the next five years
they would benefit by a total savings of $1,171 in personal property tax.
2. VPI Mirrex, LLC - for equipment purchased in 1998, 1999 and 2000. Over the next
five years, they would benefit by a total savings of $59,695 in personal property tax.
3. ClearComm Technologies - for equipment purchased in 2001. Over the next five years,
they would benefit by a total savings of $3,649 in personal property tax.
4. RelComm Technologies, Inc. - for equipment purchased in 2001. Over the next five years,
they would benefit by a total savings of $393 in personal property tax.
The above manufacturing exemption requests were unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- Housing Process Action Team took a riding tour last week; next meeting is Thursday, August 29, at 3:00 p.m.
- spoke to University System of Maryland Board of Regents on August 23; and
- Walk in the Park on September 8 starting at Snow Hill Road (open to all members of the public).
COUNCIL COMMENTS
Mr. Day reported that over 10,000 people have come downtown in the past month since the opening of the Park and Flea . Mr. Day thanked Councilman Webster for volunteering over fifty hours to this effort.
Mr. Scott thanked everyone for coming tonight and mentioned that they will continue to work on Downtown.
Mr. Webster complimented Councilman Day for his energies and initiative for the Park and Flea. He welcomed a new company in town, Aero Energy, who had a grand opening on Saturday. Mr. Webster mentioned that efforts are underway for restoration of the City Park bandstand and bridge.
COUNCIL PRESIDENT WRAP-UP
Council President Siggers thanked the public for attending.
With no further business, the meeting adjourned at 8:19 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
SEPTEMBER 4, 2002
TIME & PLACE: 6:15 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel matter/potential litigation
VOTE TO CLOSE: 4-0 (Ms. Siggers not present during vote to close)
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(8)
PRESENT: Council President Lavonzella Siggers (arrived 6:25 p.m.),
Council Vice President Joseph Scott, Councilman Michael Day,
Councilwoman Rachel Polk, Councilman C. T. Webster,
City Clerk Brenda Colegrove, Sherri Butler, John Breads
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At 6:15 p.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to discuss a personnel matter and potential litigation as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(8). Mr. Webster seconded and the vote was unanimous. Ms. Siggers was not present during the vote to close.
The personnel matter was discussed among the attendees and input was received from Ms. Butler and Mr. Breads relating to the potential litigation aspect. At 7:10 p.m., upon a motion and a second by Mr. Webster and Mr. Scott, respectively, the closed session was adjourned.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
SEPTEMBER 5, 2002
TIME & PLACE: 10:35 a.m., Room 305 - City/County Government Building
PURPOSE: Personnel matter/consult with legal counsel
VOTE TO CLOSE: 3-0 (Mr. Webster not present during vote to close)
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(7)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott,
Councilwoman Rachel Polk, Councilman C. T. Webster
(arrived after vote was taken), City Clerk Brenda Colegrove,
Steve Bers (by conference call)
ABSENT: Councilman Michael Day
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At 10:35 a.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss a personnel matter and to consult with legal counsel as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mrs. Polk seconded and the vote was unanimous. Mr. Webster arrived after the vote was taken.
The Council consulted with legal counsel by conference call concerning the personnel issue. After discussion and reaching a consensus, Mrs. Polk moved to adjourn the closed session at 11:35 a.m. Mr. Scott seconded and the vote was unanimous.
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City Clerk
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Council President