CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES OCTOBER 26, 1998 MEETING #21

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 OCTOBER 12, 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 Mr. Cannon and seconded by Mr. Himelright, the minutes of October 12, 1998 were unanimously approved.

ORDINANCE NO. 1696 - 2 READING - FY99 BUDGET AMENDMENT - ACCEPTING DONATED FUNDS FOR THE MOUNTED PATROL

Col. Guthrie briefed Council on Ordinance No. 1696, an ordinance moving funds from the private account establishing the mounted patrol fund into the City's accounts. The funds will be placed in an operational account for the mounted patrol.

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1696 to bring it on the floor for discussion. Mayor Tilghman acknowledged that she agreed with the recommendation when it was brought to her attention by Col. Guthrie. With no further discussion, Ordinance No. 1696 for second reading passed unanimously.

ORDINANCE NO. 1698 - PUBLIC HEARING - 1 READING ORDINANCE PERMIT FOR DAY CARE CENTER ON DELAWARE AVENUE (ST. PAUL'S CHURCH)

Ms. Siggers motioned and Mr. Himelright seconded to approve Ordinance No. 1698 to bring it on the floor for discussion. Ordinance No. 1698, an ordinance permit authorizing St. Paul A.M.E. Zion Church to operate a day care center at 410 Delaware Avenue in an R-5 residential district, was introduced by P & Z Director Kris Hughes. The Planning Commission reviewed the request on August 20, 1998 and forwarded a favorable recommendation to the City Council subject to two conditions - 1) submission of a site design of parking areas currently owned or operated by the Church on adjacent properties; and 2) Church will proceed to obtain all Board of Zoning Appeals approvals for Code relief from applicable standards as necessary. The case is scheduled before the City Board of Zoning Appeals for a variance from certain yard requirements on November 5, 1998 (before the final reading of Ordinance No. 1698).

Mr. Himelright questioned why item #6 in the Ordinance (Council Review) was included in the Ordinance. He did not recall this being included in any previous ordinance permits. Ms. Siggers concurred and Mr. Cannon questioned why it was even in there at all. Mr. Hughes clarified that Council has the power to revoke the approval for the permit even if this section is not included in the Ordinance.

Mr. John Seipp, counsel for the church, pointed out that the last word in item 4b should be areas instead of spaces.

Mr. Ireton expressed a safety concern for the children with only a four foot fence. Mr. Hughes reported that Council has, in their discretion, used four and six foot fences in the past.

After further discussion, Mr. Himelright motioned and Ms. Siggers seconded to amend Ordinance No. 1698 by deleting item #6 in its entirety, change the last word in item 4b to areas and renumber #7 to #6. After further questioning and clarification from Mr. Hughes on item #6, Ms. Siggers withdrew her second to the amendment since she felt it was futile to remove it. Mr. Cannon seconded Mr. Himelright's motion. All voted in favor of the amendment with the exception of Ms. Siggers who did not vote. Ordinance No. 1698, as amended, passed unanimously for first reading.

MANUFACTURING TAX EXEMPTION REQUEST - ATLANTIC; HASTINGS

Assistant Treasurer Shirley Foreman presented Atlantic & Hastings' request for an exemption from taxation on manufacturing equipment purchased in calendar year 1997. Since they meet the Charter requirements of Section SC 7-45, Finance Director Baskerville had recommended that a five year exemption be granted for equipment purchased in calendar year 1997 beginning with tax year July 1, 1998 - June 30, 199. The exemption equates to approximately $28,307 over the next five years.

After a brief discussion, Council unanimously approved the manufacturing tax exemption request.

AWARD OF BIDS

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

1. Declaration of Surplus -0-
Contract No. A-9-99
2. Fire/EMS Uniforms (001-2405-522.20-83; 605-2610-523.20-83)
3. Eastern Shore Uniforms $ 15,569.75
Contract No. A-12-99
4.Street Materials: Borrow & Top Soil (001-3205-532.60-06)
P & A Engineering $ 16,500.95
Contract No. A-14-97
5. City-wide Office Supplies: Renewal (various accounts)
Corporate Express $ 25,000.00
Contract No. A-15-99
6. Police Uniforms (001-2115-521.20-83; 001-2105-521.20-83)
FF & A Jacobs & Sons, Inc. $ 27,220.75
Contract No. A-11-99
7. Blacktop Patching (001-3205-532.43-04)
I. A. Construction $65,450.00
Contract No. 117-98
8. Two Ambulances (605-2610-523.70-30)
MEDTECH $ 84,921.00 (City)
$ 87,921.00 (County)
Contract No. A-7-99
9. City-wide Curb, Gutter, Sidewalks: Renewal (001-3205-532.43-04)
Malone & Phillips $160,032.50

A discussion ensued regarding item #7. Mr. Peter Lake, representing FESCO, reported that his company filed a protest today by fax. They were the low bidder, but were not awarded the bid. Mrs. Turner explained that the bid documents stipulated that a current, valid Ford QVM Certification be included, no exceptions. FESCO's bid package did not contain the certification so the bid was non-responsive.

After further discussion, Ms. Siggers motioned to table item #7, but the motion died for lack of a second. Mr. Himelright motioned and Mr. Cannon seconded to approve all the items above. All voted in favor of the above items with the exception of Ms. Siggers who was not in favor of item #7.

Mrs. Turner related that during the last Council meeting she asked for items to be declared surplus in the Police Department. Col. Guthrie requested that some of the leather work be donated to Vo-Tech's criminology class. As a consensus, Council agreed to donate the leather items. Mrs. Turner will provide Council with the appropriate documentation.

MAYOR'S COMMENTS

PUBLIC COMMENTS

Ms. Julia Hancock asked that the public be made aware of the correct dates and times for Council work sessions. Mr. Gillis read a statement announcing that he was stepping aside as Council President.

With no further business, the meeting adjourned at 7:53 p.m.

TY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION OCTOBER 26, 1998

TIME & PLACE: October26, 1998, 7:55 p.m., Room 301 - City/County Government Building
PURPOSE: To consult and seek legal advice on the following legal and personnel issues: Canal Woods, Referendum, Frank Hanna Agreement, Attorney Grievance Complaint, Shelly McKinney and Coulbourn Dykes
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)1) and 10-508(a)(7)
PRESENT: Mayor Barrie Tilghman*, Council President Palmer Gillis, Council Vice President Robert Cannon, Councilwoman Lavonzella Siggers*, Councilman Frank Himelright, Councilman Jim Ireton, City Clerk Brenda Colegrove and City Solicitor Paul Wilber

* left at 9:05 p.m.

At 7:55 p.m., Mr. Himelright motioned to convene into Closed Executive Session for the purpose of consulting and seeking advice from counsel on the legal and personnel issues involving Canal Woods, Referendum, Hanna agreement, Attorney Grievance complaint, Shelly McKinney and Coulbourn Dykes. Mr. Cannon seconded and the vote was unanimous.

A status report was given by City Solicitor Paul Wilber on the above issues. After discussion, Council directed Mr. Wilber to try to develop language agreeable to all parties in the Canal Woods issue.

At 9:10 p.m., Mr. Himelright motioned to adjourn. Mr. Cannon seconded and the vote was unanimous.