CITY OF SALISBURY, MARYLAND
#3 MEETING FEBRUARY 14, 2005
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman *
* arrived 6:48 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Deputy Public Works Director Chip Messick, Fire Chief David See, Director of Procurement & Parking Carol Turner, CPPB, Major Jeff Livingston, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor met in regular session at 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Comegys moved and Mrs. Cathcart seconded to approve the agenda as presented. On the recommendation of City Administrator John Pick, Mr. Comegys moved to delete Resolution No. 1195 from the agenda. Ms. Siggers seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
APPROVAL OF JANUARY 24, 2005 MINUTES
On a motion and a second by Mrs. Cathcart and Mr. Day, respectively, the January 24, 2005 minutes were unanimously approved.
AWARD OF BIDS
Mr. Comegys moved and Mr. Day seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Change Order No. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $6,172.00
Final Design for Phase 1 Expansion & Advanced BNR Upgrade for WWTP
(86078-513020-55007)
O’Brien & Gere Engineers, Inc.
2. Contract No. #2-05 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$18,000.00
City’s Webpage Design (18000-546011; 84080-546011; over budget)
At The Beach
3. Change Order to P.O. 02050249 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30,000.00
External Independent Review of WWTP Documents & Procurement Phase
(84080-513020)
Hill International
4. Contract No. 13-04-SW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $36,943.00
Replace Storm Drain Pipe (31150-534303)
Greensburg Environmental Contracting Systems, Inc.
5. Contract No. 9-04-BR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $157,758.00
City Park Pedestrian Bridge (31178-577037-42001)
Decker, Inc.
It was also mentioned that American Paving had offered top soil to the City at no charge (approximate $2,100 value).
The above items were unanimously approved.
RESOLUTION NO. 1193 - APPROVING AMENDED GRIEVANCE PROCEDURE FOR CITY EMPLOYEES
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1193. City Solicitor Paul Wilber provided an overview of Resolution No. 1193 revising the grievance and appeal procedures of the Employee Handbook. Mr. Wilber suggested the following amendments:
1. 0906 (f)(1) - Insert “and shall respond in writing to the employee within five (5) working days” to the first sentence. Add the following after the first sentence: “If the employee is not satisfied with the finding by the immediate supervisor, the employee may forward the grievance to the department head within five (5) working days.”
2. 0906 - add section (h) to read as follows: “By mutual consent of employer and employee, time periods may be extended up to twice the time period set forth herein.”
3. 0909 - add section (h) to read as follows: “By mutual consent of employer and employee, time periods may be extended up to twice the time period set forth herein.”
Mr. Comegys moved and Mrs. Cathcart seconded to amend Resolution No. 1193 as recommended by the City Solicitor. The amendment passed unanimously.
Ms. Siggers indicated her lack of support for the Resolution. In her opinion, the Council played a significant role in the past in serving as the Personnel Hearing Board and it did not impose an unnecessary burden upon the Council or put them in a precarious situation. She believed the appeal process in the proposed Resolution put the employees in a more vulnerable position.
Resolution No. 1193, as amended, passed on a 4-1 vote with Ms. Siggers casting the nay vote.
ORDINANCE NO. 1926 - 1ST READING - AMENDING PROVISIONS OF CHAPTER 2.24, PERSONNEL RULES AND REGULATIONS, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1926 for first reading. Ordinance No. 1926, as introduced by City Solicitor Paul Wilber, amends Chapter 2.24, Personnel Rules and Regulations, of the Salisbury Municipal Code to conform with the revised personnel rules and procedures (Resolution No. 1193). The Ordinance removes the City Council as the City Personnel Board, but the Council would still adopt the rules and regulations in the Employee Handbook.
Ms. Siggers noted that she had the same concerns as expressed in the discussion of Resolution No. 1193. Ordinance No. 1926 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1928 - 1ST READING - PROVIDING A BALLOT QUESTION TO THE ELECTORATE ON WHETHER TO CONSIDER THE ELIMINATION OF PRIMARY ELECTIONS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1928 for first reading. Council President Mike Dunn and City Clerk Brenda Colegrove presented Ordinance No. 1928 providing the following non-binding ballot question on the April 5 General Election Ballot:
“Should the City of Salisbury consider eliminating primary elections in the City of Salisbury? Yes or No.”
Former Council President Bob Caldwell voiced that he had no issue with eliminating the primary providing there was a provision for a runoff in the event one of the individuals gets less than 50% or a proportionate amount in the election. He suggested delaying this for a cycle and consider further districting in the City.
After discussion, Ordinance No. 1928 for first reading passed unanimously.
RESOLUTION NO. 1194 - APPROVING AN EMS HARDSHIP WRITEOFF POLICY
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1194. Ms. Cathy Carter (Medical Claim Aid), along with Fire Chief David See, introduced Resolution No. 1194 adopting guidelines to write off bills for emergency medical services provided to patients who may be unable to pay for the services due to personal hardships.
After discussing the concerns of ensuring that the procedures would not be discriminatory or selective, Resolution No. 1194 was unanimously approved.
ORDINANCE NO. 1927 - 1ST READING - AMENDING CLEAN AND LIEN PROVISIONS, ARTICLE XXVII, EVICTION, PLACEMENT OF PROPERTY, REMOVAL, ASSESSMENT OF COSTS, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1927 for first reading. Mayor Tilghman presented Ordinance No. 1927 amending Article XXVII - Eviction, Placement of Property, Removal, Assessment of Cost to require removal of abandoned personal property from sidewalks and front yards. Mayor Tilghman requested that the Council amend Section 15.24.1391 to read as follows (adding front yards to the text):
“Abandoned property shall be placed on sidewalks, curbs, areas between the sidewalks and curbs, and front yards for no more than two (2) consecutive days.”
Mrs. Cathcart moved and Mr. Comegys seconded to add front yards to the text in Section 15.24.1391 as recommended by Mayor Tilghman. The amendment passed on a 4-0-1 vote (Ms. Siggers abstained). All voted in favor of Ordinance No. 1927 for first reading, as amended, with the exception of Ms. Siggers’ abstention.
RESOLUTION NO. 1196 - AUTHORIZING THE MAYOR TO SIGN AN ENHANCED NUTRIENT REMOVAL AGREEMENT WITH THE MARYLAND DEPARTMENT OF ENVIRONMENT
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1196. Deputy Public Works Director Chip Messick reviewed Resolution No. 1196 authorizing the Mayor to sign and execute an Enhanced Nutrient Removal Agreement with the Maryland Department of Environment to assist the City by providing State grant funds to accomplish enhanced nutrient removal.
Resolution No. 1196 passed unanimously.
RESOLUTION NO. 1197 - ACCEPTING DONATION OF A CASH REGISTER AND INVENTORY SOFTWARE SYSTEM FOR THE OCELOT SPOT GIFT SHOP FROM THE ZOO COMMISSION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1197. Public Works Director John Jacobs presented Resolution No. 1197 accepting a cash register and inventory software system from the Salisbury Zoo Commission to provide improved inventory tracking and accuracy at the Salisbury Zoo’s Ocelot Spot Gift Shop.
Resolution No. 1197 was unanimously approved.
RESOLUTION NO. 1198 - ACCEPTING GRANT FUNDS FOR DWI ENFORCEMENT PROGRAM
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1198. Major Jeff Livingston introduced Resolution No. 1198 accepting $5,000 in grant funds in cooperation with the Maryland Office of Highway Safety to provide for overtime reimbursement to police officers participating in DWI enforcement.
Resolution No. 1198 was unanimously approved.
RESOLUTION NO. 1199 - ACCEPTING GRANT FUNDS FOR TOBACCO ENFORCEMENT PROGRAM
Mr. Comegys moved and Ms. Siggers seconded to approve Resolution No. 1199. Resolution No. 1199, as presented by Major Jeff Livingston, accepts $5,000 in grant funds awarded through the Wicomico County Sheriff’s Office. The grant will provide overtime reimbursement for law enforcement efforts aimed at decreasing the sale of tobacco products to minors and reducing the use of tobacco by minors.
Resolution No. 1199 passed unanimously.
RESOLUTION NO. 1200 - APPOINTMENT TO PLANNING AND ZONING COMMISSION
Mrs. Cathcart moved and Ms. Siggers seconded to approve Resolution No. 1200. Mayor Tilghman recommended the appointment of Scott G. Rogers to the Planning and Zoning Commission for a term ending December 2007.
Resolution No. 1200 was unanimously approved.
RESOLUTION NO. 1201 - APPOINTMENT TO BUILDING BOARD OF ADJUSTMENTS AND APPEALS
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1201. Mayor Tilghman recommended the appointment of Andrew Bradley to the Building Board of Adjustments and Appeals for a term ending June 2009.
Resolution No. 1201 passed unanimously.
RESOLUTION NO. 1202 - APPOINTMENT/REAPPOINTMENTS TO MARINA COMMITTEE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1202. Mayor Tilghman recommended the appointment of Jane Youngk for a term ending January 2007 and the
reappointments of Karl Glover and J. Stacy Hart to the Marina Committee for terms ending January 2007.
Resolution No. 1202 was unanimously approved.
RESOLUTION NO. 1203 - REAPPOINTMENTS TO CITY PARK COMMITTEE
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1203. Mayor Tilghman recommended the reappointments of Joe Hastings and Bruce Webster for terms expiring December 31, 2007.
Resolution No. 1203 passed unanimously.
ANNOUNCEMENT
Council President Dunn announced that a vacancy existed on the PAC14 Board of Directors if anyone was interested in serving.
PUBLIC COMMENTS
Mr. James Trader reported that the Surgical Center on S. Salisbury Boulevard now has their property address number displayed as required by Ordinance No. 1665, but the address number needs to also be displayed on the Government Office Building. Mr. Trader mentioned that he endorsed having only one election and that he had asked Congressman Gilchrest to introduce legislation requiring that qualified, eligible voters in the national election who do not vote are assessed a fine of $50 which would be used to defray the national debt.
With no further discussion, the meeting adjourned at 7:19 p.m.
CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
FEBRUARY 23, 2005
TIME & PLACE: 5:10 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with legal counsel on pending litigation and land acquisition
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)(8)
PRESENT: Council President Michael Dunn, Council Vice President Michael Day, Councilman Gary Comegys, Councilwoman Lavonzella Siggers, City Clerk Brenda Colegrove, City Administrator John Pick, City Solicitor Paul Wilber, Public Works Director John Jacobs (left at 5:20 p.m.)
ABSENT: Councilwoman Lynn Cathcart
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At 5:10 p.m., in Conference Room 305 of the City/County Government Building, Mr. Comegys moved to convene in Closed Executive Session to consult with legal counsel concerning pending litigation and acquisition of property as permitted under the Annotated Code of Maryland Sections 10-508(3)(7)(8). Mr. Day seconded and the vote was unanimous.
City Solicitor Paul Wilber provided an update on the litigation with MDE and gave a status report on the acquisition of property for a new fire station. After discussion, a consensus was reached by Council to move forward as recommended by legal counsel regarding the MDE issue. The Council, as a consensus, provided direction to Mr. Wilber in pursuing the land purchase.
On a motion by Ms. Siggers, and seconded by Mr. Day, the closed session adjourned at 5:31 p.m.
City Clerk
Council President