Salisbury "Crossroad of Delmarva"

CITY OF SALISBURY, MARYLAND

#21 MEETING OCTOBER 23, 2000

PRESENT

Mayor Barrie P. Tilghman Council President Lavonzella Siggers Council Vice President Joseph L. Scott Councilwoman Rachel S. Polk Councilman William Stacey Councilman C. T. Webster

IN ATTENDANCE

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Major Jeff Livingston, Acting Fire Chief Tom Lewis, Finance Director John Cawley, Jennifer Mulkern, BHZ Director William Holland, Public Works Director John Jacobs, Planning & Zoning Director David Nutter, and interested Citizens and Members of the Press. ************************************************************************************************
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 was repeated and the Pledge of Allegiance was recited.

Mr. Stacey moved to pull Resolution No. 732, authorizing the extension of water and sewer to Joseph House II, due to lack of information and Resolution No. 742, a Charter amendment relating to City elections, to obtain additional information from the Board of Elections Office. Mr. Webster seconded the motion and the vote was unanimous.

Based on information that came to her attention this afternoon, Mrs. Polk moved to pull Resolution No. 739, appointments to Board of Zoning Appeals, and requested that this item be taken back to a work session for discussion. Mr. Scott seconded the motion and the vote was unanimous.

On a motion by Mr. Webster and seconded by Mr. Scott, the agenda was unanimously adopted with the exclusion of Resolution Nos. 732, 739 and 742.

APPROVAL OF MINUTES - OCTOBER 9, 2000

On a motion by Mr. Scott and seconded by Mrs. Polk, the minutes of October 9, 2000 were unanimously approved.

ORDINANCE NO. 1784 - PUBLIC HEARING - 1ST READING - PROPOSED AMENDMENT TO SALISBURY MUNICIPAL CODE TO AMEND THE STREET STANDARDS IN PLANNED RESIDENTIAL DEVELOPMENTS AND ALLOW THE PLANNING COMMISSION TO REVIEW MINOR LOT LINE ADJUSTMENTS TO PRD'S

Mr. Stacey moved and Mr. Scott seconded to approve Ordinance No. 1784, amending the street standards in Planned Residential Developments (PRD's) and allowing the Planning Commission to review minor lot line adjustments to PRD's. Planning & Zoning Director provided an overview of the amendments and reported that the Planning Commission forwarded a favorable recommendation to the Council for approval of the amendments to the Code. Mr. John Jacobs, Director of Public Works, concurred with the recommendation.

A discussion ensued on whether to relinquish Council's authority to the Director of Public Works in regards to modifications to the street standards. Mrs. Polk viewed this as a budgetary item which Council approves during the budget process and which may be modified without Council's consent or knowledge during the course of the fiscal year. Therefore, she was inclined to go against this recommendation.

Mrs. Gloria Smith, Planner for the Planning & Zoning Department, reported that PRD's still go through two public hearings and Council would still see the site plan and the layout. The detailed, technical review would be handled by the Public Works Department rather than bringing it before Council. The streets are installed by the developers to City standards.

Executive Officer John Pick related that the intent was to put in place the same street standards in PRD's that apply to the rest of the City. Any modifications would be of a technical nature which prompted the change in the language from Council to Director of Public Works. Mr. Pick pointed out that the developer pays for the cost of street improvements.

Mr. Robert Taylor suggested including language in the Ordinance to reflect that there would be no impact on existing PRD's since a few of them have yet to be developed.

Mr. Stacey opined that if this amendment would expedite development with less red tape, and hopefully encourage other potential homeowners to come into the City, then Council should be in favor of it. Mr. Webster acknowledged that he was not familiar with the street standards or modifications and, therefore, would be agreeable to relinquishing that responsibility to the Director of Public Works.

Ms. Siggers felt that the Council, as elected officials, should exercise stewardship over the infrastructure.

With no further discussion, Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. Ordinance No. 1784 for first reading passed on a 3-2 vote.

RESOLUTION NO. 738 - PUBLIC HEARING - PROPOSED PLAN MODIFICATION TO ADJUST PROPERTY LINE - HARBOR POINTE PRD #3A, PHASE II, LOT #7A, UPLAND COURT

Mr. Stacey moved and Mr. Webster seconded to approve Resolution No. 738, a proposed plan modification to adjust the property line in Harbor Pointe PRD #3A, Phase II, Lot #7A on Upland Court. Planning & Zoning Planner Gloria Smith reported that the home under construction was outside the established building envelope. The proposed amendment would increase the lot area of Lot #7A and reduce the area of Lot #8A. Both lots would exceed the required 6,000 sq. ft. minimum land areas as required by Code. The Planning Commission forwarded a favorable recommendation to the City Council for approval of the amendment.

Resolution No. 738 passed unanimously.

ORDINANCE NO. 1786 - PUBLIC HEARING - 1ST READING - PROPOSED TEXT AMENDMENTS TO SALISBURY MUNICIPAL CODE - GROUP DOMICILIARY CARE FACILITIES AND GROUP HOMES

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1786, proposed text amendments to the Salisbury Municipal Code regarding group domiciliary care facilities and group homes. City Solicitor Paul Wilber provided an overview of Ordinance No. 1786 including the definitions of group domiciliary care facilities and group homes, and the districts in which group domiciliary care facilities and group homes are permitted either inherently or by special exception. Mr. Wilber pointed out two housekeeping issues that needed to be addressed in Ordinance No. 1786: 1) page one should include the date of September 21, 2000 for the Planning Commission's public meeting; and 2) page two - delete "As permitted by 32 U.S.C.S. Section 3604(f)(9)" at the beginning of the last sentence in the group home definition.

Because of the recurring delays, Mr. Stacey recommended that Council have the second reading of Ordinance No. 1786 in a special meeting prior to the October 31, 2000 work session to finalize this issue. Council President Siggers did not believe there was any urgency and the process was in place to take care of the Ordinance in a timely manner.

A discussion followed clarifying the concerns/questions expressed on off-street parking standards, districts in which group domiciliary care facilities and group homes were permitted, and what groups were considered protected or unprotected classes. Ms. Siggers voiced that she found Ordinance No. 1786 discriminatory and very prejudiced, and therefore, was not in support of it.

Mr. Stacey moved and Mrs. Polk seconded to amend Ordinance No. 1786 to include the September 21, 2000 public hearing date on page one and to delete the language "As permitted by 32 U.S.C.S. Section 3604(f)(9)" on page two. The amendment passed unanimously. Ordinance No. 1786, as amended, passed on a 4-1 vote for first reading with Ms. Siggers being the lone dissenter.

ORDINANCE NO. 1785 - 1ST READING - AMENDING THE NO SMOKING ORDINANCE TO CONFORM THE ORDINANCE TO STATE LAW PROVISIONS RELATING TO SMOKING IN CITY FACILITIES

Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1785, amending the no smoking ordinance to conform the ordinance to State law provisions relating to smoking in city facilities. Mr. Ed Cox, Human Resources Director, summarized Ordinance No. 1785 which clarifies that smoking is not permitted in any city-occupied area in the Government Office Building, prohibits smoking in city vehicles and provides that smoking areas be designated only in accordance with State regulation.

After a brief discussion, Ordinance No. 1785 for first reading passed unanimously.

(The Council took a five minute break and reconvened at 8:35 p.m.)

RESOLUTION NO. 740 - ACCEPTING GIFT OF A BRUSH TRUCK FROM THE VOLUNTEERS AT STATION 1

Mr. Stacey moved and Mr. Webster seconded to approve Resolution No. 740, accepting the gift of a brush truck from the Station 1 volunteers. Resolution No. 740, as presented by Acting Fire Chief Tom Lewis, accepts the gift of a 2001 Ford F550 4-wheel drive crew cab truck from the volunteers at Station 1 for the purpose of a Brush Unit. The unit would replace a 1988 Chevrolet Brush Truck.

Resolution No. 740 passed unanimously.

RESOLUTION NO. 741 - APPROVING AMENDMENTS TO THE EMPLOYEE HANDBOOK

Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 741, approving amendments to the Employee Handbook. Human Resources Director Ed Cox briefed Council on the following changes to bring in line to current practice: 1) pay upon promotion; 2) health insurance; 3) ) employment status (definitions); 4) prohibiting parking of employee personal vehicles in Lot #9 during working hours; and 5) prohibiting smoking in city-owned or leased buildings, facilities, offices, and city vehicles.

After a brief discussion, Resolution No. 741 passed unanimously.

RESOLUTION NO. 737 - AMENDING THE CITY COUNCIL REGULATIONS AND RULES OF ORDER

Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 737, amending the City Council Regulations and Rules of Order. City Clerk Brenda Colegrove highlighted the following changes from two weeks ago which included:

Section 2.D - notice of open and closed meetings to be placed on the City's web site;
Section F.4 - City Clerk's Office to be contacted instead of the Executive Officer for special arrangements to use recording devices or televising equipment;
Section 5.E - replaced Council with city government on line 2; and
Section 5.E - added the following sentence: "If the comments are not germane to the function of the City Council, the citizens will be directed to contact the appropriate City department head or the Mayor's Office."

In Mr. Stacey's opinion, Section 5.C was too restrictive in having the Council President solely rule on whether an individual should be requested to leave a meeting. He preferred a majority vote of the Council and referred to the State Open Meetings Act law which states that "if the presiding officer determines that the behavior of an individual is disrupting an open session, the public body may have the individual removed." Mr. Stacey also questioned Section 7.D which did not afford the public to have public input at work sessions.

City Solicitor Paul Wilber opined, after reviewing the Open Meetings law, that it should be a majority vote of Council to remove an individual from a meeting.

Mr. Stacey moved to amend Resolution No. 737, Section 5.C, by changing the last sentence to read as follows:

                "Any persons making personal, impertinent or slanderous remarks, or who becomes
                boisterous in any manner that disrupts the meeting while addressing the Council, as
                determined by the Council President, may be requested by a majority of the Council to
                leave the meeting immediately."

Mr. Webster seconded the motion. Messrs. Stacey and Webster voted in favor of the amendment. Mrs. Polk, Ms. Siggers and Mr. Scott voted against the amendment. The amendment failed to pass on a 2-3 vote.

Mr. Stacey moved and Mr. Webster seconded to delete Section 7D. Messrs. Stacey and Webster voted aye. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay. The amendment failed to pass on a 2-3 vote.

Public comments and concerns included:

questioned the Council President alone making the judgement rather than a consensus of Council;
limit public comments in a work session to 2-5 minutes;
written comments may or may not be shared with other members of Council at the time the comments, suggestions or questions are pertinent; and
questioned if work session agendas could be published in newspaper.

Ms. Siggers referred to the work sessions section in a Maryland Municipal League handout which indicated that most Councils tend to prohibit or discourage citizen participation during work sessions. They are welcome as observers, but may not participate unless called upon as resource persons.

After further discussion, Resolution No. 737 passed on a 3-2 vote with Mr. Stacey and Mr. Webster voting nay.

AWARD OF BIDS

The following items were presented for approval by Jennifer Mulkhern:

1.     Declaration of Surplus .............................................................................................................................................-0-
2.     SO2 Meters (601-4101-533.70-30: Emergency Purchase)
        RW Jacobson Co., Inc.................................................................................................................................$ 5,450.00
3.     Professional Services (610-3801-531.33-01)
        McGuireWoods LLP ..................................................................................................................................$ 6,143.54
4.     Professional Services (001-1701-515.33-01)
        Paul D. Wilber ..........................................................................................................................................$ 14,931.42
5.     Change Order No. 2 Wastewater Diffuser Project
        (601-4101-533.36-23: Emergency Purchase)
        Crofton Diving Corporation .......................................................................................................................$ 25,000.00
6.     Contract No. 7-00-W West Salisbury Youth Club & Morris Street Water Mains
        (Wicomico County Funding)
        T K Construction .....................................................................................................................................$110,471.00
7.     Wicomico County Contract No. 8-RC-98
        Northeast Collector Road: Phase I (302-3705-533.70-22; 302-4190-537.70-23)
        David A. Bramble, Inc..............................................................................................................................$586,820.40

After discussion, the above items were unanimously approved upon a motion by Mr. Webster and seconded by Mr. Stacey.

MAYOR'S COMMENTS

Mayor Tilghman commented on the Boundless Playground grant and the new site (Newtown Park) which is being considered. Details on the plan must be submitted by Thursday of this week.

COUNCIL COMMENTS

Mr. Stacey thanked those individuals who attended the meeting to oppose certain paragraphs contained in the Regulations and Rules of Order Resolution. Mrs. Polk, Mr. Scott and Mr. Webster thanked everyone for attending the meeting.

PUBLIC COMMENTS

Mr. Michael Day reported that the Newtown Neighborhood was in favor of Newtown Park as a site for the Boundless Playground.

COUNCIL PRESIDENT WRAP-UP

Ms. Siggers wished Councilwoman Polk a happy birthday and announced that a North Camden Neighborhood meeting would be held on November 8, 2000 at 5:30 p.m. at the Beth Israel Synagogue. With no further business, the meeting adjourned at 10:20 p.m.

City Clerk