CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES AUGUST 24, 1998 MEETING #17

PRESENT

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

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES AUGUST 10, 1998

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 Gillis called the meeting to order.

On a motion by Ms. Siggers and seconded by Mr. Ireton, the minutes of August 10, 1998 were unanimously approved.

CERTIFICATES OF APPRECIATION

Mayor Tilghman presented Certificates of Appreciation to Mike Morris, who supervised the painting of the murals on Church Street, and the ten 13-15 year old teenagers who participated in the project - Marcus Ward, Caprice Whaley, Carl Whaley, Latisha Williams, Shawnta Duffy, Robb Elliott, Erica Gale, Carl Miles, Brian Miles and Jamey Smith. Ms. Emily Robinson, representing the Community Foundation of the Eastern Shore who assisted with the funding of the project, was also recognized. Ms. Davina Hill presented a collage of the project to the Mayor and Council.

ORDINANCE NO. 1695 - 1ST READING - AMENDING ORDINANCE NO. 1676 - DUPLICATION OF ARTICLE AND CHAPTER NUMBERS

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1695 to bring it on the floor for discussion. Ordinance No. 1695, as introduced by Mr. David Vorhis, amends the Article number and code section numbers of the Article set forth in Ordinance No. 1676. There was no change in the substance of the Article.

With no discussion, Ordinance No. 1695 for first reading passed unanimously.

RESOLUTION NO. 613 - PENINSULA HEALTH GROUP AND DEAF INDEPENDENT LIVING ASSOCIATES ANNEXATION

Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 613 to bring it on the floor for discussion. Mr. Eaton addressed Resolution No. 613 as a proposal to annex the area bounded on the east by Snow Hill Road and on the west by Lincoln Avenue to be known as the Peninsula Health Group and Deaf Independent Living Associates Annexation. After being advertised four times, a public hearing will be held on October 12, 1998. If passed at the public hearing, the annexation will become effective upon the expiration of 45 days, subject to the right of referendum.

Public Works Director Wil Elliott summarized the conditions of annexation. The potential increased traffic on Snow Hill Road will be addressed with the proper acceleration/deceleration lanes, road widening or turning lanes. The developer will be responsible for the cost.

Planning & Zoning Director Kris Hughes clarified the zoning (General Commercial and R-8 Residential) for the annexation site.

After further discussion, all voted in favor of approving Resolution No. 613.

PUBLIC HEARING - COMCAST RATE FILING - FORMS 1240 AND 1205

Mr. David Vorhis briefed Council on Comcast's request for a rate adjustment to be effective November 1, 1998. The filing, dated August 1, 1998, sets the current rate, adds one channel, adds the inflation addition, includes a programming reduction and a true-up reduction, for a total reduction in limited basic of $1.50 a month. Since this does not give adequate time for a due diligence process and public input, Mr. Vorhis recommended that Council issue a Tolling Order.

Mr. Eaton advised that most of the complaints filed with the FCC regarding expanded service have been denied. There could be a couple complaints that are still pending. Mr. Himelright asked that they inquire about access for publicizing Council meetings and community service during the due diligence process.

Mr. Cannon expressed concern with reviewing the rates every time and nothing of substance is found. Mr. Eaton reported that approximately four years ago $64,000 was found during their review. However, it was Council's decision to determine whether they wish to perform a due diligence.

After further discussion, Mr. Cannon motioned to approve a Tolling Order. Mr. Himelright seconded and the vote was unanimous.

Mr. Tom Worley, representing Comcast, distributed a rate history for limited basic service and full standard service comparing January 1993 rates with rates that would be in effect on November 1, 1998. A copy is attached and made a part of these minutes.

REQUEST FOR WAIVER OF SPRINKLER CONNECTION INSTALLATION CHARGE FOR CHESAPEAKE EAST

Council President Gillis excused himself from the discussion since his firm has a contract with Chesapeake East. Council Vice President Robert Cannon presided over the discussion. Public Works Director Wil Elliott presented Chesapeake East's request for a waiver of the sprinkler connection installation charge. According to Mr. Elliott, the City's policy in the past has been to deny granting waivers of water and sewer connection charges.

It was Ms. Simson's understanding that the City could do the installation at a lower cost than for them to do it. If the waiver could not be granted, a tax credit would be helpful.

Ms. Siggers was not interested in waiving the fee and having the citizens absorb the cost. In her opinion, the building was already given away. Mr. Himelright and Mr. Cannon were not in favor of granting a waiver and setting a precedent for other requests. Mr. Ireton voiced that he would support granting the waiver. Ms. Simson was directed to speak with the Executive Officer in regards to completing an application for the Enterprise Zone.

After further discussion, upon a motion by Ms. Siggers and seconded by Mr. Himelright, the waiver was denied by a 3-1 vote.

(Council President Gillis returned to preside over the balance of the meeting.)

AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH THE STATE - ZOO RESTROOMS CONSTRUCTION GRANT

Public Works Director Wil Elliott explained that this is a $75,000 grant for the planning, design and construction of restrooms at the zoo and to repair the current restrooms for storage space. Mr. Himelright reported that Delegate Norman Conway was instrumental in getting this grant for the zoo. Ms. Siggers motioned to grant the Mayor the authority to enter into an agreement for the grant. Mr. Ireton seconded and the vote was unanimous.

AWARD OF BIDS

The following items were presented for approval by Purchasing Director Carol Turner, C.P.M., CPPB:

1. Declaration of Surplus. . . . . . . . . . . . . . . . . .-0-
2. Computer - WWTP (601-4101-533.70-35; Unbudgeted Capital
Quantex . . . . . . . . . . . . . . . . . . . . . $ 1,835.00
3. Computer - Parking (101-3220-532.70-30; Unbudgeted Capital
Computer World, Inc. . . . . . . . . . . . . . . $ 2,497.00
4. Circuit Breaker & Wiring Replacements (601-3701-532.43-02; Emergency)
Miller Electric . . . . . . . . . . . . . . . . . $ 2,600.00
5. Professional Services (001-1701-515.33-02)
Paul G. Goetzke . . . . . . . . . . . . . . . . . $ 2,100.00
6. Professional Services (001-1701-515.33-02)
Cockey, Brennan & Maloney . . . . . . . . . . . .$ 16,258.00
7. Professional Services (001-1701-515.33-02)
Miles & Stockbridge . . . . . . . . . . . . . . .$ 48,176.30
8. Contract No. 104-99 - Phase 1.2 Combined Sewer & Overflow Project
(601-3901-531.30-20)
O'Brien & Gere Engineers, Inc. . . . . . . . . .$ 83,188.00
9. Contract No. 121-98 - City Comdial Telephone System (Various Accounts)
D & S Communications . . . . . . . . . . . . . .$ 79,132.74
Chesapeake Communications . . . . . . . . . . . .$ 33,246.00
10. Contract No. 11-98-UG - Salisbury Urban Greenway (001-5310-552.70-24)
American Paving . . . . . . . . . . . . . . . . .$603,904.68

After a brief discussion, upon a motion by Mr. Ireton and seconded by Mr. Himelright, items 1, 2, 3, 4, 8 and 10 were unanimously approved.

Mayor Tilghman asked that Council table item #9 in order to have a discussion with the vendors and representatives of Comdial. It was her understanding that this was the wish of Council. Mr. Himelright remarked that he had a list of unanswered questions so he preferred a meeting with the vendors. Ms. Siggers motioned to table item #9 and Mr. Himelright seconded. Mr. Gillis mentioned that the City went through a due diligence and bidding process. They are qualified vendors and, therefore, we should move on and accept the bid as submitted. Mrs. Turner indicated that was her recommendation as well. Ms. Siggers, however, did not feel it was too much to ask to table for two more weeks in order to address the list of unanswered questions. On the motion to table for another two weeks, the vote was unanimous.

Mr. Ireton motioned to approve item #5 and Mr. Himelright seconded. After a brief discussion, the vote was unanimous approving the bill to Paul Goetzke.

Mr. Ireton motioned and Mr. Himelright seconded to not pay item #6. A discussion followed questioning the Mayor's authority to hire Mr. Cockey without the consent of Council and where the money was coming from to pay legal bills. Ms. Siggers felt that Mr. Cockey should be paid for his services because, in her opinion, the City accepted his work. However, she preferred tabling the item rather than voting not to pay.

Mr. Vorhis indicated he was not prepared to render a legal opinion at this time on whether the Mayor had the authority to hire Mr. Cockey since he was still receiving facts on this issue.

After further discussion and receiving comments from the public, Mr. Himelright withdrew his second to the motion. Mr. Gillis recommended turning this over to a third party to get a neutral opinion as to the appropriateness of paying the Cockey, Brennan & Maloney bill and tabling the bill until further information is received. Ms. Siggers motioned to table item #6 and Mr. Himelright seconded. All voted in favor to table item #6 (Cockey, Brennan & Maloney) with the exception of Mr. Ireton who voted nay.

Mr. Cannon motioned and Ms. Siggers seconded to approve item #7. Mr. Cannon asked that a work session be held to discuss where the City would get monies to pay legal expenses since the legal budget is substantially expended. All voted in favor to approve item #7 (Miles & Stockbridge) with the exception of Mr. Ireton who voted nay.

MAYOR'S COMMENTS

Mayor Tilghman commented that she has dealt with the facts as she saw them and acted accordingly. She reported that the first neighborhood compact will be implemented in a few days between Salisbury State University, the City and neighborhood residents.

PUBLIC COMMENTS

No comments were received.

With no further business, the meeting adjourned at 9:35 p.m.