#1 MEETING                                                                                                     JANUARY 8, 2001

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

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Major Jeff Livingston, Acting Fire Chief Tom Lewis, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, 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.

The agenda was unanimously approved upon a motion and a second by Mrs. Polk and Mr. Scott, respectively.

APPROVAL OF MINUTES - DECEMBER 19, 2000

On a motion by Mrs. Polk and seconded by Mr. Scott, the minutes of December 19, 2000 were unanimously approved.

CERTIFICATE OF APPRECIATION

The certificate will be presented at the next Council meeting since no one was present from VFW Post 10159.

ORDINANCE NO. 1779 - 2ND READING - TEXT AMENDMENT TO THE SALISBURY MUNICIPAL CODE TO PERMIT A DAY CARE CENTER/NURSERY SCHOOL IN HARBOR POINTE #3B, PHASE IV

Mr. Scott moved and Mrs. Polk seconded to approve Ordinance No. 1779, a text amendment to the Salisbury Municipal Code to permit a day care center/nursery school in Harbor Pointe #3B, Phase IV.

Planning & Zoning Director David Nutter presented Ordinance No. 1779 and recommended approval of the text amendment. Ordinance No. 1779 for second reading passed unanimously.

ORDINANCE NO. 1791 - 2ND READING - BUDGET AMENDMENT TO PROVIDE FUNDS ($15,000) FOR AN OPERATIONAL REVIEW OF THE FIRE DEPARTMENT

Mr. Webster moved and Mr. Stacey seconded to approve Ordinance No. 1791, a budget amendment to provide $15,000 for an operational review of the Fire Department.

According to Executive Officer John Pick, there were no changes since the first reading. The total cost for the operational review is approximately $39,000 with $25,000 being transferred from the Contingency Fund and the remaining $15,000 appropriated from the surplus available account.

Ordinance No. 1791 for second reading passed unanimously.

ORDINANCE NO. 1789 - 1ST READING - AMENDING CHAPTER 8.04, ALARMS, OF THE SALISBURY MUNICIPAL CODE

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1789, amending Chapter 8.04, Alarms, of the Salisbury Municipal Code.

Major Jeff Livingston highlighted the changes to the Code which included: 1) police department to conduct a criminal background investigation on an alarm company making application; 2) approval/denial/appeal process of the application; 3) $50.00 application fee; and 4) lien placed on property if fines not paid within thirty days of notification of the violation. In order to educate the community on the changes, the ordinance will not take effect until June 1, 2001.

Concerns/issues raised during discussion included the following:
 

• 8.04.070 - wording of "holdup in progress" on second line;
• police officers not getting out of car to check if doors of building are secure;
• making sure lien on property was removed when fines were paid and the cost associated with removing the lien (who incurred the cost?);
• interest accrual on unpaid fines, plus a lien on the property;
• include definition of holdup and theft;
• should stress to the public that the property owner is held responsible for the false alarm;
• lack of an appeal process on a false alarm citation;
• confusion with holdup alarm and panic alarm - synonymous in the alarm industry.

Mr. Webster moved and Mrs. Polk seconded to include language for an appeal process to the Mayor for a false alarm citation. The amendment passed on a 4-1 vote with Mr. Stacey being the lone dissenter.

All voted in favor of Ordinance No. 1789, as amended, with the exception of Ms. Siggers who voted nay. This item will be placed on the February 8, 2001 work session agenda for further discussion and then placed on a regular Council meeting agenda for second reading.

PUBLIC HEARING - ORDINANCE NO. 1792 - 1ST READING - ELLINGTON PRD #10

Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1792, a public hearing on a new Planned Residential District, Ellington PRD #10, located on Johnson Road. Planning & Zoning Director David Nutter and Planner Gloria Smith gave an overview and forwarded a favorable recommendation from the Planning Commission for approval of the Preliminary Development Plan. Three recommended conditions of approval were included by the Planning Commission: 1) street size should be reduced to twenty-six feet; 2) sidewalks should be included on one side of the street; and 3) open space required should be based on the PRD standards of the Code. The proposed project includes twenty-seven lots to develop fifty-four units similar to the duplex development of Schumaker Manor.

Mrs. Smith reported that, since the Planning Commission's review, the final development plan has been submitted which complies with all three of the Planning Commission's recommendations.

The developer of the project, Mr. Paul Elliott, informed Council that using trees as a buffer, along with more common ground area, will give the PRD a sense of community.

Council unanimously approved the Findings of Fact upon a motion by Mr. Stacey and seconded by Mr. Webster. Ordinance No. 1792 for first reading passed unanimously.

ORDINANCE NO. 1793 - 1ST READING - AUTHORIZING BOND ISSUE ($1.3 MILLION) FOR THE PARKING GARAGE EXTENSION

Mr. Stacey moved and Mr. Webster seconded to approve Ordinance No. 1793 authorizing up to a $1.3 million bond issue for the parking garage extension.

Finance Director John Cawley introduced Ordinance No. 1793 and related that the ordinance reflects the City's intent to do the parking garage extension project with the issuance and sale of Infrastructure Bonds. Final figures will not be available until the bonds are sold. However, Mr. Cawley expected the final figures to be less than $1.3 million and estimated a loan amount of $1,170,500 and closing costs of $35,200. City Solicitor Paul Wilber reported that an ordinance has to be passed by Council in order for the Community Development Administration (CDA) to go to the bond market.

Mrs. Polk asked that the introductory paragraph be checked since there seemed to be a missing word in line nineteen.

Ordinance No. 1793 for first reading passed unanimously.

ORDINANCE NO. 1794 - 1ST READING - PARKING AUTHORITY BUDGET AMENDMENT ($12,988) - MARYLAND STATE RETIREMENT BACK PAYMENT FOR PARKING ATTENDANTS

Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1794, a Parking Authority budget amendment of $12,998 providing for back payment to the Maryland State Retirement.

Ordinance No. 1794, as introduced by Director of Procurement & Parking Carol Turner, amends the Parking Authority budget to provide for retroactive retirement contributions of $12,998 for the parking lot attendants. The Maryland State Retirement System determined that these employees were not exempt from the City's retirement.

Ordinance No. 1794 for first reading passed unanimously.

ORDINANCE NO. 1796 - 1ST READING - CLOSING FORD & SPRUCE STREETS

Mr. Webster moved and Mr. Stacey seconded to approve Ordinance No. 1796, closing Ford and Spruce Streets. Ordinance No. 1796, as presented by City Solicitor Paul Wilber, would close the paper streets of Ford and Spruce on the Cypress Street property owned by the Deckers. In order to construct a building, the streets must be closed so that the building does not rest on a platted street. Mr. Wilber pointed out that a companion item in the Award of Bids relates to a railroad right-of-way on Cypress Street.

Mrs. Polk expressed concern that the Decker's plans for this property may not fit into the development scheme for this area and, therefore, may be premature to discuss this issue. Ms. Siggers reported that a meeting is scheduled for Thursday, January 11, 2001, to discuss the overall development of the Westside.

After further discussion, Mr. Scott moved and Mrs. Polk seconded to postpone Ordinance No. 1796 and bring it back for discussion at a future work session. All voted in favor with the exception of Mr. Stacey who voted nay.

RESOLUTION NO. 750 - APPROVING PROPOSED WATER AND SEWER AGREEMENT WITH WICOMICO COUNTY

Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 750, a proposed water and sewer agreement with Wicomico County. Executive Officer John Pick reviewed the document, which reflects Council's efforts from several work sessions, and emphasized that this is a proposal to begin discussions with the County. Mr. Pick suggested proposing to the County that the City Council and County Council select individuals to serve on a subcommittee rather than both bodies meeting as a whole.

Comments and concerns voiced during the discussion included:

• in-house upgrades should be completed before extending water and sewer into the County;
• insufficient publicity to the citizens;
• may need separate agreements with Wor-Wic and Perdue Stadium;
• need to focus on entities with a true need for water and sewer;
• paragraphs 2, 3 and 4 need to be more specific;
• paragraphs 4g, h and i - use shall instead of may;
• paragraph 4i possibly conflicts with paragraph 9a;
• paragraph 18 - should be shorter term, possibly five or ten years;
• paragraph 18 - insert a grandfathering provision for any urban services district in the works at the time of termination of the agreement;
• do not pass until further discussion and input from the public;
• agreement's language gives the City the flexibility to preserve its ability to grow by compelling annexation of areas at such time as they become contiguous to the City limits;
• questioned if annexed areas will be subject to the City's plumbing Code;
• ability to continue to use private well for irrigation once property is annexed;
• master plan addresses what it will cost to upgrade the water treatment system and the ability to deliver services to all areas of the City in an adequate manner;
• wastewater treatment plant must be upgraded, so a joint effort between the City and County is necessary or City taxpayers will incur higher taxes; and
• written suggestions were asked to be submitted to the Council.

AWARD OF BIDS

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

1.     Declaration of Surplus (computer software programs) . . .-0-
2.     Declaration of Surplus - Cypress Street Parcel . . . . .-0-
3.     Grab Arm System Repairs to San-5 (001-3401-532.43-08)
        Mid-Atlantic Waste Systems . . . . . . . . . . .$ 16,528.35
4.     Contract No. 106-01 Refuse Truck (001-3315.532.70-25: Lease/Purchase) M & L Volvo GMC
        Truck Center . . . . . . . . . .$137,750.00

Item #1 - unanimously approved.
Item #2 - Upon a motion by Mr. Scott and seconded by Mrs. Polk, item #2 was unanimously tabled.
Item #3 - unanimously approved.
Item #4 - unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman reported that the Maryland Legislative Session opens this week.

COUNCIL COMMENTS

Council thanked everyone for coming to the meeting.

PUBLIC COMMENTS

No comments were received.

COUNCIL PRESIDENT WRAP-UP

Ms. Siggers mentioned that the proposed water and sewer agreement had been discussed for an extended period of time and hoped that the public would share their comments/questions with Council. Appreciation was extended to former Fire Chief William Higgins for attending tonight's meeting.

With no further business, the meeting adjourned at 10:03 p.m.

City Clerk

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