CITY OF SALISBURY, MARYLAND CITY COUNCIL MEETING MINUTES DECEMBER 13, 1999 MEETING #23

PRESENT

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

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES - DECEMBER 13, 1999

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council Vice President Frank Himelright called the meeting to order and led the audience in the Lord's Prayer and the Pledge of Allegiance.

On a motion by Mr. Gillis and seconded by Mr. Stacey, the minutes of November 22, 1999 were unanimously approved. Mr. Cannon was not present during the approval of the minutes.

RESOLUTION NO. 681 - APPOINTMENTS TO THE BOARD OF DIRECTORS OF THE FRIENDS OF THE POPLAR HILL MANSION

Mayor Tilghman presented Resolution No. 681 recommending the appointment of the following individuals to the Board of Directors of the Friends of the Poplar Hill Mansion:

Term to Expire on
David Scott 12/31/02
Robert C. Hogg 12/31/02
Buxton Reed Bailey 12/31/02

After a brief discussion, the above recommended appointments were unanimously approved upon a motion by Ms. Siggers and seconded by Mr. Gillis. Mr. Cannon arrived during the discussion and did not vote.

RESOLUTION NOS. 682 AND 683 - CHARTER AMENDMENTS TO PROVIDE FOR A COUNCIL-MANAGER FORM OF GOVERNMENT BY (i) MODIFYING THE POWERS AND DUTIES OF THE MAYOR; (ii) DELETING THE POSITION OF EXECUTIVE OFFICER; (iii) ESTABLISHING THE POSITION OF CITY MANAGER; (iv) MODIFYING THE PROCEDURE FOR DISCHARGE OF CERTAIN DEPARTMENT HEADS; (v) MODIFYING VARIOUS ASPECTS OF THE ADMINISTRATION OF PARTICULAR DEPARTMENTS, DUTIES AND PROCEDURES; AND (vi) PROVIDING FOR A GOVERNMENTAL BODY COMPOSED OF AN ELECTED MAYOR AND SIX ELECTED COUNCILMEMBERS AS A CITY COUNCIL

RESOLUTION NO. 685 - CHARTER AMENDMENT TO MODIFY THE PROCEDURE FOR THE OPERATION OF THE CITY COUNCIL

RESOLUTION NO. 686 - CHARTER AMENDMENT TO MODIFY THE MAYORAL VETO POWER

Since Resolutions 682, 683, 685 and 686 related to Council-Manager form of government, Council elected to discuss them at the same time. Mr. Himelright moved and Mr. Stacey seconded to bring Resolutions 682, 683, 685 and 686 on the floor for discussion.

Council President Cannon provided an overview on the history of the Charter Review Committees and reviewed his summarization of a City Manager form of government (copy attached and made a part of these minutes).

City Solicitor Paul Wilber gave a summary of each resolution. The resolutions would take effect fifty days from the date of passage, subject to the right of referendum, and the provisions would be implemented on May 20, 2002. According to the Annotated Code of Maryland, a petition must be submitted on or before the fortieth day after passage by the Council. If passed by Council, a publication of the resolutions would run in The Daily Times for four consecutive weeks.

Mr. Cannon reported that the City Council had budgeted funds to have this item as a referendum question on the general election ballot. Initially, Council's discussion was to pass the resolutions subject to a binding referendum for ratification by the voters. However, approximately three weeks ago, Council was informed that legally they cannot pass a resolution and have it binding subject to a public vote. The only way the State Legislature allows the public to vote on a resolution is by petitioning which would place it on the ballot for referendum if the required percentage of signatures is obtained.

The following amendments were introduced by Council:

Resolution No. 683
Ms. Siggers moved and Mr. Himelright seconded to make the language gender neutral
throughout the document. The amendment passed unanimously.

SC2-10, page 3
Mr. Stacey moved and Mr. Himelright seconded to delete the following verbiage: and
such discharge may be made without cause or a hearing. All voted in favor with the
exception of Ms. Siggers who did not vote.

SC7-1, page 9
Ms. Siggers moved and Mr. Gillis seconded to change the first word of the paragraph
from The to There. The amendment passed unanimously.

SC9-3, page 19, Section C
Mr. Himelright moved and Mr. Gillis seconded to insert the following language on the
second line after the word thereof: a department head. All voted in favor with the
exception of Ms. Siggers who did not vote.

SC18-1, page 38, second line
Ms. Siggers moved and Mr. Himelright seconded to delete the period after Council and
insert a comma. The amendment passed unanimously.

Resolution No. 685
SC2-6, page 1
Mr. Himelright moved and Mr. Gillis seconded to insert the following language on the
next to last line after organizational meeting: or thereafter, if the office becomes vacant.
All voted in favor of the amendment with the exception of Ms. Siggers who did not vote.

Fifteen citizens addressed the Council voicing the following comments and concerns:

place issue on ballot as a City-wide referendum question;
delay voting on resolutions until January because of the holidays;
city manager is a necessary change;
reduces Mayor to a ceremonial position;
lack of public input need more public meetings;
supports council-manager form of government, but should be chosen by the electorate,
not by Council;
city government should not be run like big businesses; and
salary of city manager and costs incurred for changing to this type of government.

Ms. Siggers read a letter from a concerned citizen who had several questions on council-
manager form of government and expressed that the electorate should decide on what form of
government was best for Salisbury.

Ms. Siggers asked Council to table the resolutions until the first meeting in January because the
upcoming holidays puts the citizens at a disadvantage in seeking signatures for a petition. Mr.
Gillis opined that Salisbury has a broken government with two separate organizational
structures that don't work in harmony. Mr. Gillis supported the idea of a referendum in the
Spring and asked that a resolution be prepared for the next City Council meeting requiring a
referendum question on the 2000 general election ballot even though it would be non-binding.
Mr. Stacey felt a City Manager would be beneficial in the long run and hoped that Executive
Officer John Pick would be considered for the position. He liked the idea of spreading the
power among six people rather than keeping the power at one seat. Mr. Cannon was in favor of
a city manager and recommended that the public read Appendix 4 (Council-Manager Form of
Government) of the Charter Review Committee's Report. However, he believed it was a good
idea to defer voting until January to give people an opportunity to review the report and the
resolutions.

After further discussion, Ms. Siggers moved to table Resolutions 682, 683 as amended, 685 as
amended, and 686 until the January 10, 1999 Council meeting. Mr. Gillis seconded the motion.
All voted in favor with the exception of Mr. Stacey who voted nay.

RESOLUTION NO. 684 - CHARTER AMENDMENT TO MODIFY THE REQUIRED
FREQUENCY OF MEETINGS OF THE CITY COUNCIL

Mr. Himelright moved and Mr. Gillis seconded to approve Resolution No. 684 to bring it on the
floor for discussion. Resolution No. 684, as briefed to Council by City Solicitor Paul Wilber,
amends SC2-4 of the Charter by modifying the required frequency of meetings of the City
Council. This is a "housekeeping" item to bring the Charter in line with the current procedure
for City Council meetings.

All voted in favor of Resolution No. 684 with the exception of Ms. Siggers who did not vote.

RESOLUTION NO. 687 - CHARTER AMENDMENT TO PROVIDE FOR FUTURE AMENDMENTS TO THE CHARTER

Mr. Himelright moved and Mr. Gillis seconded to approve Resolution No. 687 to bring it on the
floor for discussion. City Solicitor Paul Wilber described Resolution No. 687 as an amendment
to provide for future amendments to the Charter. This is a"housekeeping" matter to conform
with State law.

After a brief discussion, all voted in favor of Resolution No. 687 with the exception of Ms.
Siggers who did not vote.

(Council recessed at 9:07 p.m. and reconvened at 9:15 p.m.)

FLOOD PLAIN VARIANCE REQUEST FOR BREW RIVER RESTAURANT PARKING LOT

Mr. Himelright moved and Mr. Gillis seconded to bring the flood plain variance request on the
floor for discussion. Building, Housing & Zoning Director Bill Holland and Acting Public
Works Director Chip Messick presented the variance request for the Brew River Restaurant
parking lot. Approximately 3,200 cubic yards of fill are needed to achieve the desired grade
elevations.

Ms. Siggers expressed that she was not prepared to vote on an improvement which could put the
residents in that area in jeopardy, and therefore, would be abstaining from voting.

Mr. Tom Becker questioned if granting this variance would impact the insurance rates of
everyone else in this flood plain. He suggested that administration check with the insurance
company on this matter and that the variance be granted contingent upon the research.

After further discussion, all voted in favor of the variance request for the Brew River Restaurant
parking lot with the exception of Ms. Siggers who abstained. However, if it does have an effect
with respect to the 100 year flood plain for the surrounding areas, it will have to come back to
Council for reconsideration.

REQUEST FOR POSITION ALLOCATION CHANGE IN POLICE DEPARTMENT TO
PROVIDE FOR CRIME DATA ANALYST AND ONE ADDITIONAL AUTHORIZED
POLICE OFFICER

After discussion, the request for the position allocations was unanimously approved.

AWARD OF BIDS

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

1. Reallocation of funds
Park Well No. 7B Rehabilitation . . . . . . . . . . . . .-0-
2. Declaration of surplus
Officer's weapon . . . . . . . . . . . . . . . . . . . .-0-
3. Declaration of Surplus
Police equipment . . . . . . . . . . . . . . . . . . . .-0-
4. Purchase of Concrete Saw & Equipment Trailer
Reallocation of Unused Capital Outlay Funds
Approx. . . . . . . . . . . . . . . . . . . . . . .$2,900.00

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

MAYOR'S COMMENTS

Mayor Tilghman commented on the following issues:

breakfast meeting in Annapolis on December 14th to discuss future legislation;
December 2, 1999 meeting regarding trash generated twenty-five problems and thirty
solutions;
four off-duty fireman who attended the memorial service in Worcester, Massachusetts;
and
Police Academy graduation later this week three graduates from Salisbury Police
Department.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. John Bozman mentioned that inquiries have been made into residents not incurring a charge
on their quarterly water bill if their trash is not picked up. According to Mr. Bozman, there is a
movement afoot to purchase a sticker from the County after the first of the year and truck their
trash to the landfill saving them approximately $30.00 a year.

Ms. Maria Mitchell commented on the large crowd in attendance.

Mr. Himelright noted that the issue of newspapers being left on the street has been addressed
with the Salisbury News and Advertiser and The Daily Times. Both have plans to correct the
problems.

Mr. Robert Ryan expressed that Council did the right thing regarding the city manager issue.

In regards to a letter concerning trash and bulk item pick up over the holidays, Mr. Pick
reported that a plan has been developed to have the sanitation crew pick up the trash on
Monday, December 27th, and Monday, January 3rd. Other forces of the Public Works
Department will pick up the bulk items so that both services are performed without incurring any
additional overtime.

With no further business, the meeting adjourned at 9:55 p.m.

City Clerk

Council President