CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES APRIL 12, 1999 MEETING #7

PRESENT

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

IN ATTENDANCE

ABSENT

CONVENING - APPROVAL OF MINUTES MARCH 22, 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 Mr. Himelright and seconded by Mr. Ireton, the minutes of March 22, 1999 were unanimously approved.

CERTIFICATES OF APPRECIATION

Mayor Barrie Tilghman presented Certificates of Appreciation to the following individuals for their heroic efforts at the Hammond Street fire on February 23, 1999:

Lieutenant Wayne N. Naumann, Jr.
Paramedic Christopher N. Brown
Firefighter John M. Adams, Jr.
Paramedic David R. Brimer
Firefighter Gary L. Gordy
Gary W. Brown
Paramedic Larry W. Dodd

Certificates of Appreciation were presented to the Parkside Lady Rams, winners of the Maryland 2A State High School Basketball Tournament. Certificates were presented to the following players and coaches by Mayor Barrie Tilghman:

Players
Nicole Washington
Aileah Morris
Ebonee Thompson
Natasha Broadie
Elizabeth Houck
Rene Wallace
Ailicia Warren
Kim Davis
Rachel Gotwalt
Kema Dashiell
Ebony Ballard
Jessica Twilley
Ashley Jones

Coaches
Warren White, Head Coach
Kesha Camper-Cook, Asst. Coach
LaShawn Tucker, Asst. Coach

PROCLAMATION PROCLAIMING APRIL "FAIR HOUSING MONTH"

Mayor Barrie Tilghman proclaimed the month of April as "Fair Housing Month" in the City of Salisbury. Planning and Zoning Director Kris Hughes accepted the proclamation on behalf of Mr. Thomas Davis, Sr., Community Affairs Volunteer for the Coastal Counties Community Housing Resource Board.

ORDINANCE NO. 1720 - 2ND READING - PROHIBITING VEHICLES PARKED IN FRONT YARDS

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1720 to bring it on the floor for discussion. Ordinance No. 1720, as presented by Building, Housing and Zoning Director Bill Holland, amends Sections 17.156.060(D) and 17.160.060(D) of the Salisbury Municipal Code to provide for parking violations for motor vehicles parked on front yards outside of driveways or designated parking areas. The ordinance will take effect October 1, 1999.

Ms. Siggers perceived a parking demand in the City and, in her view, passage of this ordinance would further jeopardize the community. She referred to the older homes containing multiple units which require additional parking. Mr. Allen Hudson of 215 W. College Avenue expressed his concern with the ordinance since his area has a problem with parking, particularly with college students utilizing all the spaces. Even though he has a driveway, there is not sufficient parking in the area and guests sometimes have to park in his yard. Mayor Tilghman suggested that Mr. Hudson and other residents in that area meet with her and Carol Turner to discuss the creation of a residential permit parking district.

After further discussion, Mr. Himelright, Mr. Ireton and Mr. Cannon voted in favor of Ordinance No. 1720 for second reading. Ms. Siggers voted nay.

ORDINANCE NO. 1721 - 1ST READING - LOITERING OR PROWLING ORDINANCE

Mr. Himelright motioned and Ms. Siggers seconded to approve Ordinance No. 1721 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie introduced Ordinance No. 1721 which creates a new Section of the Salisbury Municipal Code, 9.08.250, prohibiting loitering in certain instances. City Solicitor Paul Wilber reported that specific instances of loitering were cited in the ordinance which he believed would withstand judicial scrutiny.

In Ms. Siggers' opinion, the ordinance was too vague and left too much to chance. It seemed to enhance the opportunity for the police officers to issue a ticket. Residents were concerned with the police approaching them for just walking on the streets or the sidewalks. Col. Guthrie emphasized that police personnel will be trained on this ordinance as well as education for the public by the City. The officer also has the discretion to issue warnings instead of arresting.

After further discussion, all voted in favor of Ordinance No. 1721 for first reading with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1722 - 1ST READING - CLOSING A PORTION OF ELM STREET

Ordinance No. 1722 was introduced by Public Works Director Wil Elliott as an ordinance to close a portion of Elm Street and authorizes the City to convey to Dorothy Hudson, formerly known as Dorothy Godfrey, John H. Riley, Jr. and J-K-J Investments Limited Partnerships, all of its right, title and interest in the designated area of Elm Street. Elm Street is a paper street which has never been used by the public and is unpaved.

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1722 to bring it on the floor for discussion. Mr. Himelright questioned if the two smaller parcels (2126 and 2137) could have houses built on them. He was concerned that the lots would enable small houses to be built on them. Building, Housing and Zoning Director Bill Holland clarified that the two parcels are zoned light business and institutional, not residential.

Ms. Siggers noted she would abstain from voting on this issue since she had not visited the site. After further discussion, all voted in favor of Ordinance No. 1722 for first reading with the exception of Ms. Siggers who abstained.

RESOLUTION NO. 635 - PUBLIC HEARING RT. 13NORTH/GORDY PROPERTY ANNEXATION

Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 635 to bring it on the floor for discussion. Public Works Director Wil Elliott outlined Resolution No. 635 which proposes the annexation of land contiguous to and binding upon the northerly corporate limits of the City, known as the U.S. Route 13 North/Gordy property annexation. The property, which contains an Exxon Tiger Mart, is currently zoned Commercial in the County. Plans include demolishing the existing building and rebuilding a larger motor fuel and convenience store which will also include a quick-serve restaurant. Stormwater management will be provided onsite.

With no further discussion, Resolution No. 635 passed unanimously.

RESOLUTION NO. 643 - APPOINTMENTS TO THE FRIENDS OF POPLAR HILL MANSION BOARD

Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 643 to bring it on the floor for discussion. Mr. Cannon disclosed that his mother serves on the Board of the Friends of Poplar Hill Mansion. Mayor Tilghman recommended three year appointments for Judy Brittingham (replacing Rita Tiso), Margaret Buchness (replacing Barbara Lindenkohl) and Kenneth Trippe (replacing David Elzey).

Resolution No. 643 reflects the following appointments to the Board of the Friends of the Poplar Hill Mansion:

Judy Brittingham, Term Ends December 31, 2001
Margaret (Peggy) Buchness, Term Ends December 31, 2001
Kenneth Trippe, Term Ends December 31, 2001
Charlotte Phillips, Term Ends December 31, 2000
Peggy Cannon, Term Ends December 31, 2000
Edward (Ted) Deacon, Term Ends December 31, 2001
Peggy Irwin, Term Ends December 31, 2001

Resolution No. 643 passed unanimously after a brief discussion.

AWARD OF BIDS

Director of Procurement and Parking Carol Turner, C.P.M., CPPB, presented the following items for approval:
1. Foundations & Fixtures - P.W. - Traffic (001-3210-532.70-20)
Branch Electric . . . . . . . . . . . . . . . . . $ 5,767.50
2. Change Order No. 10 - Contract No. 17-88-AT
(601-3501-531.70-45; 601-3901-531.70-45)
Surdex Corporation . . . . . . . . . . . . . . . $12,760.00

After a brief discussion, the above items were unanimously approved upon a motion by Ms. Siggers and seconded by Mr. Ireton.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following issues: 1) meeting with the Hispanic community this Wednesday evening at the Wi-Hi Auditorium; 2) graduation of the largest civilian police academy class (32 graduates); 3) Delaware Avenue National League of Cities Task Force community clean-up day last Saturday organized through Councilwoman Siggers; and 4) budget to be presented to Council on Thursday.

COUNCIL PRESIDENT'S COMMENTS

Council President Cannon commented on the following: 1) encouraged everyone to participate in the recycling program; 2) complimented the Charter Review Committee on the report submitted last week; and 3) clarified the reason for the Andy's Ice Cream appeal (issue was delegation of authority and not open meetings ruling).

PUBLIC COMMENTS

Ms. Siggers clarified that she was not in agreement with the rest of Council for the Andy's Ice Cream appeal and thanked Mayor Tilghman for helping with the community clean-up last Saturday.

Mr. Todd McGill expressed his appreciation for those persons who helped with the development of the paths in the city park. Mrs. Carolyn Hall noted that Zoo Director Jim Rapp was very instrumental in this project. In response to Mr. Kenneth Holland's query, Public Work Director Wil Elliott related that the cost of the second bridge in the park was approximately $75,000.

With no further business, the meeting adjourned at 8:15 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION APRIL 20, 1999

TIME & PLACE: 4:30 p.m., Room 302 - City/County Government Building
PURPOSE: Personnel hearing
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Public Works Director Wil Elliott, John Walker and Patricia Walker
ABSENT: Councilman Jim Ireton

At 4:30 p.m. in Room 302 of the City/County Government Building, Mr. Gillis motioned to convene into Closed Executive Session for the purpose of conducting a personnel hearing for the appeal of an employee's termination as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i). Mr. Himelright seconded and the vote was unanimous.

The facts leading to the termination were presented and witnesses were called for their testimony. At 6:35 p.m., the closed session adjourned. Council will continue their discussion on this issue on April 21, 1999.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION APRIL 21, 1999

TIME & PLACE: 7:55 p.m., Room 301 - City/County Government Building
PURPOSE: Continuation of Personnel hearing
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber
ABSENT: Councilman Jim Ireton

At 7:55 p.m. in Room 301 of the City/County Government Building, Mr. Gillis motioned to convene into Closed Executive Session for the purpose of continuing the personnel hearing for the appeal of an employee's termination as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i).

Mr. Himelright seconded and the vote was unanimous.

After reviewing the facts and testimony provided, each Council member gave their recommendation. A findings of fact will be completed and submitted to the Mayor with Council's recommendation. With no further discussion on this issue, Mr. Gillis motioned to adjourn the closed session at 8:45 p.m. to reconvene into open session. Mr. Himelright seconded and the vote was unanimous.

City Clerk

Council President