CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES
AUGUST 23, 1999
MEETING #16

PRESENT

Mayor Barrie P. Tilghman
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis

IN ATTENDANCE

City Clerk Brenda Colegrove, City Solicitor Paul Wilber, Police Chief Al Webster, Fire Chief William Higgins, Finance Director Roger Baskerville, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, PW Director Wil Elliott, Director of Planning & Zoning Kristen Mark Hughes and interested Citizens and Members of the Press.

CONVENING - APPROVAL OF MINUTES AUGUST 9, 1999

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council President Cannon called the meeting to order.

On a motion by Ms. Siggers and seconded by Mr. Himelright, the minutes of August 9, 1999 were unanimously approved.

ORDINANCE NO. 1732 - 1ST READING - FY2000 BUDGET AMENDMENT FOR WATERWAY IMPROVEMENT GRANT/JOHNSON'S POND BOATING PIER

In the absence of Ms. Deborah Stam, Council President Cannon introduced Ordinance No. 1732 as an ordinance accepting $5,000 in grand funds for a new boating pier on Johnson's Pond. Mr. Himelright indicated that he had questions on this issue and suggested tabling until Ms. Stam returns. Mr. Cannon requested that his questions be directed to Ms. Stam and Council would put it on Wednesday's work session, if necessary.

On a motion by Ms. Siggers and seconded by Mr. Gillis, Ordinance No. 1732 for first reading passed unanimously.

ORDINANCE NO. 1733 - 1ST READING - FY2000 BUDGET AMENDMENT FOR CDBG HOUSING REHABILITATION GRANT

Mr. Himelright motioned and Ms. Siggers seconded to approve Ordinance No. 1733 to bring it on the floor for discussion. Council President Cannon introduced Ordinance No. 1733, on behalf of Ms. Deborah Stam, as an ordinance accepting $100,000 in Community Development Block Grant funds for a Housing Rehabilitation program to serve elderly and low income residents. Finance Director Roger Baskerville pointed out that this as a pass-through grant to Salisbury Neighborhood Housing Service for a rehabilitation project.

Ms. Siggers commented that she was tired of Salisbury Neighborhood Housing Services using low-to moderate income areas and blighted areas to generate grants when they are not actually benefitting from it. In her opinion, the Westside does not benefit, with only one project to her knowledge since the program has been in operation. Although she continues to support the program, she was disappointed with the benefits and results she sees in her community.

With no further discussion, Ordinance No. 1733 for first reading passed unanimously.

RESOLUTION NO. 663 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION

Mayor Tilghman introduced Resolution No. 663 and recommended the appointment of Rob Withey to the Historic District Commission for a four year term expiring September 30, 2003. Mr. Withey replaces Mr. Fred Lowe who served three terms on the Commission and declined to serve another term.

Ms. Siggers motioned and Mr. Himelright seconded to approve Resolution No. 663 to bring it on the floor for discussion. After a brief discussion, Resolution No. 663 passed unanimously.

COMCAST CABLE RATE NOTIFICATION - ISSUANCE OF TOLLING ORDER

City Solicitor Paul Wilber reported that Comcast's rate filing dated July 30, 1999 includes an increase in the rate for Limited Basic service from $16.09 to $16.63, an increase of $.54. Comcast, however, is not seeking a rate increase at this time. Mr. Wilber recommended that a Tolling Order be issued in order to have an additional 60 days to review the rate filings.

Mr. Cannon pointed out that even though Limited Basic is not being increased, Expanded Service will be increased, but the City does not have any control over Expanded Service.

The City Council unanimously approved the issuance of a Tolling Order.

AWARD OF BIDS

The following items were presented for approval by Director of Procurement & Parking Carol Turner, C.P.M., CPPB:

1. Professional Services (001-1701-515.33-02)
Seidel, Baker & Tilghman . . . . . . . . . . . . $ 1,089.00
2. Professional Services (001-1701-515.33-02)
McGuire Woods Battle & Boothe LLP . . . . . . . . $ 1,768.20
3. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . $11,710.12

On a motion by Mr. Himelright and seconded by Ms. Siggers, the above items were unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

Building, Housing & Zoning's follow-up on concerns expressed during the neighborhood walks;
Mayor, Planning & Zoning, Building, Housing & Zoning and Public Works meeting with Harbor Pointe representatives discussing ways the City can be of benefit to fully maximize development in that area;
Public Works working with Salisbury State University on the new residence area on Milford Street and other projects in the City (Holiday Inn Express, Tiger Mart); Purchasing working on phone bids;
Princeton Avenue Neighborhood Association meeting to be held on September 21, 1999 at 7:00 p.m. in the Multi-purpose building at Faith Christian Full Gospel Church on the corner of Lincoln and Spring Avenue;
September 8, 1999 - community forum dialogue to be held on Public Access TV with the members of the Police and Community Relations Committee; and introduction of Chief Allan Webster.

COUNCIL PRESIDENT'S COMMENTS

Council President Robert Cannon reported on the following issues addressed at Council's last work session:

providing water and sewer to Wor-Wic;
Northeast Collector - concern with "T "at Zion Road;
Changes to Employee Handbook; and procedure for interviewing the candidates for vacant City Council position.

PUBLIC COMMENTS

Councilwoman Siggers commented on the following:

extended appreciation to Mayor Tilghman, Department Heads, and community members for walking the streets of the City to identify areas which could be improved upon and asked that the information be shared in a public forum so homeowners, as well as landlords, could learn what funding is available to make those improvements;
District I only having one representative - hoped that the City would consider further districts and that District I would also have the opportunity to elect a representative in an at-large process; and
Salisbury Neighborhood Housing Service - concerned that there were certain areas that become the tool of exploitation in order to generate the program and did not find that the program was being administered in such an effective way that the whole City was benefitting from it.

With no further business, the meeting adjourned at 7:30 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION AUGUST 25, 1999

TIME & PLACE: 3:30 p.m., Room 301, City/County Government Building
PURPOSE: Personnel matters (vacant City Council position and an employee settlement) and to consult with staff on potential litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i) and 10-508(a)(8)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, City Clerk Brenda Colegrove, Executive Officer John Pick, Attorney Newt Jackson

At 3:30 p.m. in Room 301 of the City/County Government Building, Mr. Gillis motioned to convene into Closed Executive Session to discuss filling the vacant City Council position, an employee settlement and to consult with the City Solicitor concerning potential litigation in regards to the settlement. Mr. Himelright seconded and the vote was unanimous.

After discussion, Council, as a consensus, selected a candidate to fill the vacant City Council seat and did not support the settlement payment as outlined in the proposed agreement for the employee.

At 4:25 p.m., Mr. Himelright motioned to adjourn the closed session and convene in open session to announce the appointment to City Council. Mr. Gillis seconded and the vote was unanimous.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION SEPTEMBER 8, 1999

TIME & PLACE: 11:25 a.m., Room 302, City/County Government Building
PURPOSE: Personnel matter
VOTE TO CLOSE: 4-1
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(ii)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman William Stacey, Executive Officer John Pick, Newt Jackson

At 11:25 a.m. in Room 302 of the City/County Government Building, Mr. Gillis motioned and Mr. Himelright seconded to convene into Closed Executive Session to discuss a personnel matter (an employee settlement agreement) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(ii). All voted in favor with the exception of Ms. Siggers who voted nay.

After discussing the issues concerning the agreement, no conclusion was reached. At 12:00 p.m., Mr. Himelright motioned to adjourn the closed session. Mr. Gillis seconded and the vote was unanimous.

City Clerk

Council President

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us