CITY OF SALISBURY, MARYLAND
#2 MEETING JANUARY 28, 2002
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, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, 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.
Mr. Webster moved to amend the agenda by moving the discussion of Resolution Nos. 817 and 818 before Ordinance No. 1835. Mr. Scott seconded the motion. The amendment passed on a 3-2 vote with Mrs. Polk and Ms. Siggers casting the dissenting votes.
The agenda, as amended, passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
PUBLIC COMMENTS
Mr. Donald Long asked if it had been considered having the Office of the Mayor as the executive of the City with the Mayor receiving the salary which now goes to the Executive Officer. In his opinion, this would allow a person to run for a full-time position.
Mr. James Trader inquired if legal services were ever considered to be put out on bids. He also commented on last Wednesday's incident at the pumping station and the need for a maintenance program and a mobile pumping unit.
Mr. Frank Himelright also expressed his concern with more sewage being dumped into the river and questioned if the City was being proactive or reactive. He encouraged Council to consider including a mobile pumping unit and a portable generator in the FY03 budget.
Mr. Kenneth Holland suggested that the Fire Department may have surplus fire equipment which could do the job.
APPROVAL OF JANUARY 14, 2002 MINUTES
On a motion by Ms. Siggers and seconded by Mr. Webster, the minutes of January 14, 2002 were unanimously approved.
RESOLUTION NO. 817 - AMENDMENT TO EMPLOYEE HANDBOOK - GRANTING FULL WAGES FOR THE FIRST MONTH OF ACTIVE DUTY IN ADDITION TO MILITARY PAY
Mayor Tilghman acknowledged that she was unable to recommend Resolution No. 817 to the Council as outlined in her memo (copy attached and made a part of these minutes).
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 817. Wicomico County Human Resources Director Ed Cox presented Resolution No. 817 amending Section 0508 of the Employee Handbook by granting full wages for the first month of active duty in addition to military pay. Currently, this affects eight employees.
A discussion ensued on the Resolution being open-ended (no termination date) and being procedurally incorrect since it was not initiated by Administration. City Solicitor Paul Wilber clarified that, according to §2.24.030 of the Salisbury Municipal Code, the Mayor makes recommendations on personnel rules. The City Council, serving as the Personnel Board, votes on the recommendations. Since the Mayor was not recommending this action, the Resolution was inappropriate.
After further discussion, Resolution No. 817 failed to pass. Mr. Webster voted aye. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay and Mr. Stacey abstained.
RESOLUTION NO. 818 - ACCEPTING GIFT FOR THE CITY BANDSTAND FROM GANNETT FOUNDATION
Mr. Webster moved and Ms. Siggers seconded to approve Resolution No. 818. Mayor Tilghman reviewed the Gannett Foundation's gift of a $15,000 grant for the renovation of the City Bandstand and bridge in the City Park.
Councilmembers expressed their appreciation for the Gannett Foundation's contribution. Resolution No. 818 passed unanimously.
ORDINANCE NO. 1835 - 2ND READING - TEXT AMENDMENT TO THE SALISBURY MUNICIPAL CODE, SECTION 17.72 INDUSTRIAL DISTRICT, TO ADD CHURCHES AND TRAINING CENTERS AS USES PERMITTED BY ORDINANCE PERMIT
Ms. Siggers moved and Mr. Webster seconded to approve Ordinance No. 1835 for second reading. Mrs. Gloria Smith presented Ordinance No. 1835 as a text amendment to §17.72.040
of the Salisbury Municipal Code to add churches and training centers as uses permitted by Ordinance Permit.
In Mr. Webster's opinion, there was insufficient parking to accommodate a training center and a church for Mr. St. Fleur's property. Mrs. Polk pointed out that Ordinance No. 1835 was an amendment to the Code for training centers and churches in the Industrial District, not just Mr. St. Fleur's property. If the text amendment was approved, then Mr. St. Fleur would have to come back before the City Council with a plan for an Ordinance Permit.
Comments from the public included: 1) Mr. St. Fleur attempting to bring life back to the community; 2) appeared to be changing definition of Industrial District; and 3) parking seemed to be ample.
Ordinance No. 1835 for second reading failed to pass. Mrs. Polk and Ms. Siggers voted aye. Mr. Scott and Mr. Webster voted nay and Mr. Stacy abstained.
ORDINANCE NO. 1836 - 2ND READING - PROVIDING QUESTION ON THE GENERAL ELECTION BALLOT ON CHANGING FROM MAYOR-COUNCIL FORM OF GOVERNMENT TO COUNCIL-MANAGER FORM OF GOVERNMENT
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1836 for second reading. Ordinance No. 1836, as outlined by Council President Stacey, provides for a non-binding ballot question to the electorate in the May 2002 General Election on whether the City Council should amend the Charter to adopt a council-manager form of government.
In Mrs. Polk's and Ms. Siggers' view, the public had already spoken on this issue. Messrs. Scott and Webster did not see anything wrong in asking the electorate again since the vote was close.
After Mr. Wilber clarified the procedure for amending the Charter, Ordinance No. 1836 for second reading passed on a 3-2 vote with Mrs. Polk and Ms. Siggers voting nay.
ORDINANCE NO. 1837 - 1ST READING - ADDING §10.28.040, TOWING OF VEHICLES IN RESTRICTED PARKING AREA ON SMITH STREET, TO THE SALISBURY MUNICIPAL CODE
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1837 for first reading. Mayor Tilghman reported that this Ordinance came about as a means to restrict/discourage the Salisbury University students from parking in the Clairmont residential neighborhood. Director of Procurement and Parking Carol Turner introduced Ordinance No. 1837 amending §10.28.040 of the Salisbury Municipal Code to permit towing of motor vehicles on Smith Street. Smith Street was designated at Council's request because this area seemed to be the biggest problem. Other areas will be addressed as needed.
Ordinance No. 1837 for first reading passed unanimously.
RESOLUTION NO. 816 - ENTERPRISE ZONE ELIGIBILITY - FAMILY DOLLAR
Mr. Webster moved and Ms. Siggers seconded to approve Resolution No. 816. Executive Officer John Pick addressed the Family Dollar Store's application for Enterprise Zone eligibility. Since the property, located at 720 S. Salisbury Boulevard, is within the boundaries of the City's Enterprise Zone and they created more than five jobs, Mr. Pick recommended that the Council adopt Resolution No. 816 designating that the Family Dollar Store is eligible to receive the benefits of the Enterprise Zone.
Resolution No. 816 passed unanimously.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. The following item was presented by Director of Procurement & Parking Carol Turner:
Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
The declaration of surplus was unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
- working on FY03 budget;
- Sewerage Task Force Report - Executive Officer John Pick served on the committee;
- attending Mayor's Association meeting next week in Annapolis;
- John Hopkins from the Department of Housing and Community Development to speak to the
community sometime in February;
- neighborhood meetings ongoing;
- new intern starting next Monday in the Mayor's Office; and
- attended Staff Sgt. Cohee's funeral yesterday in Mardela.
COUNCIL COMMENTS
Mr. Scott thanked the public for attending and opined that the upcoming budget year would be a year of austerity for the City of Salisbury. Mr. Webster hoped that the people serving our country came back safe. Mrs. Polk thanked the public for staying and related that she took her position as a Councilmember very seriously and tried to make informed decisions. Not only did the Council have accountability to the public, Ms. Siggers believed it was also the public's responsibility to attend meetings to ensure business was being taken care of. She made reference to the disrespect Mr. St. Fleur received at the January 14 Council meeting.
COUNCIL PRESIDENT WRAP-UP
Mr. Stacey expressed his objection to the criticism expressed by Ms. Siggers concerning Mr. St. Fleur. Mr. Stacey welcomed and encouraged comments for the upcoming budget session.
With no further business, the meeting adjourned at 8:34 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
FEBRUARY 7, 2002
TIME & PLACE: 7:10 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with legal counsel, acquisition of property
VOTE TO CLOSE: 3 - aye; 1 - nay; 1 - did not vote
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)
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,
Public Works Director John Jacobs, Deputy Public Works Director Chip Messick
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At 7:10 p.m., Mr. Scott moved to convene in Closed Executive Session for the purpose of discussing acquisition of property and consulting with the City Solicitor as permitted under the Annotated Code of Maryland Section 10-508(a)(3)(7). Mr. Webster seconded the motion. Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk voted nay. Ms. Siggers did not vote.
A discussion was held concerning the previous consensus provided to Administration by the Council on this issue and Mr. Stacey's January 22, 2002 letter. City Solicitor Paul Wilber provided a chronological summary of the negotiations.
After further discussion, a new consensus was reached by Council (3-2). At 7:55 p.m., upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the Council adjourned the Closed Session and reconvened in open session.
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City Clerk
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Council President