Salisbury "Crossroad of Delmarva"

CITY OF SALISBURY, MARYLAND

#8 MEETING APRIL 23, 2001

PRESENT

Mayor Barrie P. Tilghman                                                                                         Council President William 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, Police
Chief Al Webster, Fire Chief Stephen Brezler, Finance Director John Cawley, Director of
Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public
Works Director John Jacobs, 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 was repeated and the Pledge of
Allegiance was recited.

The agenda as presented was unanimously adopted upon a motion by Mrs. Polk and seconded by
Mr. Scott.

APPROVAL OF MINUTES - APRIL 9, 2001

On a motion by Mrs. Polk and seconded by Mr. Webster, the minutes of April 9, 2001 were
unanimously approved.

PROCLAMATION PROCLAIMING "MUNICIPAL CLERKS WEEK"

Mayor Tilghman presented a proclamation proclaiming the week of April 29 - May 5, 2001 as
"Municipal Clerks Week" in the City of Salisbury. City Clerk Brenda Colegrove accepted the
proclamation.

ORDINANCE NO. 1751 - 2ND READING - AMENDING CHAPTER 2.32, PURCHASES
AND SALES, OF THE SALISBURY MUNICIPAL CODE

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1751, amending Chapter
2.32, Purchases and Sales, of the Salisbury Municipal Code. Director of Procurement and
Parking Carol Turner provided a brief overview of the changes and reported that there were no
changes since the first reading. Proposed changes to Chapter 2.32 include:

increasing the dollar amount in which departments must have quotes for direct purchases
($200 to $400 with an aggregate cost of $1,000);
increasing dollar amount for formal sealed bidding from $15,000 to $20,000;
purchases already approved in the budget will not have to come back before Council for
reapproval;
including detailed listing from the State Procurement Code on the types of bidding
allowed; and
defining emergency purchases section.

A brief discussion ensued concerning the lending or leasing of city-owned equipment in
§2.32.010 (no agent, servant or employee of the City can lend, lease or hire any City equipment
unless under a mutual aid agreement). It was Mrs. Turner's interpretation that the section refers
to lending to an entity outside of the City of Salisbury, but a department could lend to other
departments.

Mr. Webster questioned if it should be seven business days rather than calendar days in
§2.32.050 C.1.a. Mrs. Turner explained that she has never used that provision. If it is a new
bid, thirty days or more are given. Fourteen days are given for a rebid.

Ms. Siggers inquired if §2.32.020 (Director of Procurement shall control all City purchases and
sales) applied to the Zoo and the Zoo Commission. Mrs. Turner explained that this does not
apply to them. However, she has offered her services to the Zoo Commission and the Fire
Department Volunteers to put together bid packages and specifications. She does not have any
control over the award of those items. Mrs. Polk pointed out that the language in this paragraph
may become a legal issue at some point in the future.

With no further discussion, Ordinance No. 1751 for second reading passed unanimously.

ORDINANCE NO. 1807 - 2ND READING - AMENDING §6.04.130 OF THE SALISBURY
MUNICIPAL CODE TO PERMIT ANIMAL CONTROL OFFICERS TO CARRY WEAPONS

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1807, amending
§6.04.130 of the Salisbury Municipal Code to permit Animal Control Officers to carry weapons.

Ordinance No. 1807, as briefed by Police Chief Al Webster, clarifies the authority by which
Animal Control Officers carry weapons in the performance of their duties. Animal Control
Officers carry a tranquilizer gun, shotgun, Baton and OC spray and receive the same training as
Police Officers. Animal Control Officers, however, are not sworn police officers and do not
carry hand guns.

Ordinance No. 1807 for second reading passed unanimously.

ORDINANCE NO. 1808 - 1ST READING - PROPOSED FISCAL YEAR 2002 BUDGET AND
SETTING THE DATE FOR A PUBLIC HEARING

Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1808, proposed Fiscal Year
2002 budget and setting the date for a public hearing. Mayor Tilghman provided an overview of
the proposed budget and its relationship with the four planning goals for the City. Highlights of
the Fiscal Year 2002 budget include:

I. Enhance the quality of life for residents and businesses

Improve appearance of the City

          *     additional street sweeper and operator
          *     street lights in several neighborhoods
          *     new leaf removal program to increase recycling of leaves and yard waste
          *     new position in Streets Division to help with clean-up and maintenance

Public safety

          *     implement red light program at three intersections
          *     additional in-car video cameras for patrol cars
          *     new traffic light at North Park Drive and Beaglin Park Drive

Update City's Comprehensive Plan

II. Improve customer service

Upgrade a position in the Mayor's Office to create a Neighborhood Coordinator
Improve response to emergency medical calls by increasing number of
paramedics by two
Upgrade parking and security facilities at the marina
Partner with the County to provide live telecast of various city meetings
Funding for a storm water management study to address storm water concerns
Improve permitting process by creating an additional engineer position and
increasing funds to out-source some engineering work
Creating a new Parking Clerk position to improve responsiveness to customers in t
he Parking Districts

III. Promote efficiency and effectiveness

Enhancing the City's operating reserve (Moody's Fund) by $100,000
Upgrades in the pay ranges for police officers and firefighters
Creation of a Utilities Division Chief position
10% rate increase in water and sewer to put money in a capital reserve fund to
replace the aging infrastructure of the City
Needs assessments for a Geographic Information System (GIS)
restore cable franchise fee to 5% (increase of 1%)
3.4% cost-of-living pay increase and 2.8% advancement for employees
providing funds for the engineering of the Wastewater Treatment Plant upgrade
and expansion and engineering costs of the North Division Street parallel sewer
providing funds for the replacement of the vehicle maintenance facility

IV. Reduce the cost of government/expand the tax base

reducing trash disposal fee by $4.00 per quarter
funding for Urban Salisbury, Inc.
funding for Salisbury Neighborhood Housing Service

A public hearing on the proposed budget will be held on May 14, 2001. The constant yield tax
hearing and the adoption of the budget will be held on May 29, 2001.

Ordinance No. 1808 for first reading passed unanimously.

PUBLIC HEARING - RESOLUTION NO. 759 - U.S. ROUTE 13 NORTH ANNEXATION

Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 759, a public hearing
on the U.S. Route 13 North annexation.

City Solicitor Paul Wilber addressed Resolution No. 759, proposing to annex 6.6 acres located
on the westerly side of U.S. Route 13, north of Naylor Mill Road between Lowes and Staples.
Mr. Wilber reported that, even though Barnes & Noble backed out, the three property owners
(Beach, Brittingham and Marshall) still desired annexation conditional upon paying no City
taxes until such time the property was sold, changed its use or requested City services (water,
sewer and garbage collection). The properties are already located within the Salisbury Fire
District. If annexed into the City, there would be City police coverage and code enforcement
from Building, Housing and Zoning.

Comments and concerns expressed from the public included:

questioned what benefit would be derived for the City and the citizens of Salisbury by
giving tax-free status;
questioned if there was a fixed time period for the abatement of taxes;
mistake to allow annexation without taxation - unfair to the rest of the City residents;
annexation would add value to the property; and
would speed up development process if property already in City.

Mayor Tilghman opined that there was very little chance this property would remain as is,
especially if annexed into the City. It would become a very valuable piece of commercial land
which would be attractive to developers. No matter what business located on that land, it would
become a tax base for the City.

Even though it would be a benefit for the City in the future to have this property annexed, Ms.
Siggers was concerned with granting the request without having a policy in place. It seemed to
be a sporadic opportunity for persons to have their property annexed without taxation. Ms.
Siggers pointed out that it was not her desire to vote against the annexation, but the lack of
policy prevented her from voting in support of the Resolution.

Resolution No. 759 passed on a 4-1 vote with Ms. Siggers being the lone dissenter.

RESOLUTION NO. 764 - APPOINTMENT AND REAPPOINTMENTS TO THE ZOO
COMMISSION

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 764, appointment and
reappointments to the Zoo Commission. Mayor Tilghman recommended the appointment of
Carol Bradley to a term ending April 2003 and the reappointment of Ron Alessi, Randy
Romblad and George Mengason to terms ending April 2003.

Ms. Siggers voiced her concern that many of the members had been serving for many years and
she hoped that others would have an opportunity to serve in the future. Mr. Webster questioned
Frank Himelright's letter of interest to serve on the Commission. Mayor Tilghman reported that
Mr. Himelright's letter was received after she had already interviewed Ms. Bradley and put her
name forward.

In response to Mr. Scott's inquiry, Mayor Tilghman acknowledged that the Commission's By-
Laws would have to be researched to determine if the membership could be increased.

After further discussion, Resolution No. 764 passed on a 4-1 vote with Mr. Webster voting nay.

AWARD OF BIDS

The following items were presented for approval by Director of Procurement and Parking Carol
Turner:

1. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
Earn-a-Bike Program

2. Professional Services (Various)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,371.06

3.     Engineering Services Northeast Collector - Phases I & II
        (302-3705-537.30-20)
        McCrone, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$133,337.98

4.     Contract No. 12-99-W, 2nd Rebid
        Well & Pump Rehabilitaiton, Paleo Well No. 1
        (601-3701-532.70-20)
        American Water Well Systems, Inc. . . . . . . . . . . . . . . . . . . .$ 44,000.00

Upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the above items were
unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

Salisbury received Main Street Maryland designation - one of four cities in the State;
meeting in Annapolis this week for Smart Codes Council;
meeting with HyettPalma on May 15, 2001;
group from Salisbury, England arriving on May 15, 2001; and
will be working with the City Council on the budget.

COUNCIL COMMENTS

Mrs. Polk's comments included:

dispelled rumors that business of the City would not go on while they dispute the
chairmanship of the City Council -- business would continue;
can't have someone who carries the baggage as Mr. Stacey -- must hold leadership to a
high standard, the same standard we demand of our children;
issue was not Mrs. Polk it was the chairmanship of the City Council and about fairness
and the kind of representation that the City deserves; and
would continue to do the job she was elected to do by the people of District II, but will
continue to wage an effort to remove Mr. Stacey as President of the Council.

Mr. Webster expressed that the City was not in chaos and business would continue despite some
personality conflicts among the Council. Mr. Webster asked all Councilmembers to join
together to try to do what was right for the City of Salisbury.

Mr. Scott thanked everyone for coming to the meeting and acknowledged that he would continue
to support Mr. Stacey for the benefit of the City.

Ms. Siggers reread her April 12, 2001 letter apologizing for her personal comments to Mr.
Schuster and clarifying the four incidents cited by Mr. Stacey in his April 10, 2001 letter. In
response to allegations in the newspaper concerning her tardiness, Ms. Siggers clarified that she
was only late to one regular Council meeting and one work session. She also left one work
session at 8:43 p.m. and the session ended at 9:05 p.m.

PUBLIC COMMENTS

Comments were received from twenty-three individuals attending the meeting. Highlights
included:

no just cause for Ms. Siggers being removed as President and unclear as to why she was
ousted;
in-car video cameras and housing code enforcement should be priorities in the budget;
thanked Mr. Stacey for serving as President of the Council and asked the rest of the
Council to work with him;
would like Mayor to take a stance on the issue rather than taking a neutral position;
commended the Councilwomen for having the courage of their convictions in
representing the people that elected them;
questioned an appointed Councilmember nominating himself for Council President;
appeared that personal issues were brought to the table at the expense of the people;
questioned whether ousting of the Council President would be an on-going thing;
Councilmembers knew Ms. Siggers was an outspoken person when elected as President;
asked that comments still being made by a former Councilmember and candidate for
Mayor be curtailed;
allegations against Mr. Stacey were not proven - common tactic in divorce proceedings;
turnover in Council Presidency couldn't happen at a worst time because of the budget -
asked that Mayor and Council be given time for the budget process;
Council should conduct themselves in a professional manner;
referenced Charter provision on Council vacancies stipulating that a replacement is
appointed - doesn't mean you are unacceptable because you are unelected (Mary Pinkett
was appointed and subsequently elected);
undertone sarcastic comments among Councilmembers;
Council asked to consider a Charter amendment to allow the people to elect the Council
President and only the people be allowed to oust that individual;
asked for the names of the fifteen business people who called Mr. Scott;
offended by second class Councilmember comment;
appreciated professional manner in which meeting was being conducted tonight;
thanked all the protestors for their restraint at the April 19 work session;
commended Ms. Siggers for always acting in a professional manner;
reference made to a comment made by Mr. Stacey that he would like to see Ms. Siggers
off the Council; and
hoped that Mr. Stacey would remain in his position and that everyone would stop the
bickering and work together.

COUNCIL PRESIDENT WRAP-UP

Mr. Stacey read a statement concerning three members of the Council voting to remove Ms.
Siggers as Council President, the personal attacks on his rights to hold political office and the
complaints of sexism and racism. He asked that the Mayor and Council, for the sake of the
citizens and the community, join together in a sincere effort to facilitate a community healing
effort.

With no further business, the meeting adjourned at 9:10 p.m.

CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
MAY 3, 2001

TIME & PLACE:        7:35 p.m. and 8:16 p.m. - Room 302, City/County Government Building
PURPOSE:                 Consult with legal counsel on potential litigation issue - receive update on
                                   EPA/MDA environmental issues
VOTE TO CLOSE:    Unanimous
CITATION:                Annotated Code of Maryland Sections 10-508(a)(7)(8)
PRESENT:                 Mayor Barrie P. Tilghman, Council President William Stacey, Council
                                  Vice President Joseph Scott, Councilwoman Lavonzella Siggers,
                                  Councilman C. T. Webster, City Clerk Brenda Colegrove, Executive
                                  Officer John Pick, City Attorney Paul Wilber and Public Works Director
                                  John Jacobs
ABSENT:                  Councilwoman Rachel Polk
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At 7:35 p.m. in Room 302 of the City/County Government Building, Mr. Webster moved and Mr.
Scott seconded to convene in Closed Executive Session for the purpose of consulting with and
receiving an update from the City Attorney on the EPA/MDE issue. The vote was unanimous.

City Attorney Paul Wilber briefed Council on the events to date on the EPA matter. After
discussion, the Council reached a consensus and provided Mr. Wilber with directions on how to
proceed. At 7:55 p.m., upon a motion by Mr. Scott and a second by Mr. Webster, the Council
adjourned the closed session and reconvened in open session.

At 8:16 p.m., on a motion and second by Mr. Scott and Mr. Webster, respectively, the Council
unanimously voted to convene in Closed Executive Session to continue discussion with legal
counsel on the environmental issues involving MDE. Mr. Wilber briefed Council and, after
discussion, instructed Mr. Wilber to proceed as recommended.

At 8:24 p.m., upon a motion by Mr. Scott and seconded by Mr. Webster, the Council adjourned
and reconvened in open session.

City Clerk