CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES JUNE 28, 1999 MEETING #12

PRESENT Council President Robert Cannon
Council Vice President Frank Himelright
Councilman Palmer Gillis
Councilman James Ireton

IN ATTENDANCE

ABSENT

CONVENING - APPROVAL OF MINUTES JUNE 14, 1999

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

Council President Cannon recognized Boy Scouts Buddy Beach and Daniel Kenny from Troop #185 who were attending the Council meeting earning their Citizenship in the Community merit badge. Scouts Beach and Kenny led the attendees in reciting the Pledge of Allegiance.

On a motion by Mr. Himelright and seconded by Mr. Gillis, the minutes of June 14, 1999 were unanimously approved.

ORDINANCE NO. 1728 - 1ST READING - PLACING A MORATORIUM ON GROUP DOMICILIARY CARE FACILITIES

Mr. Himelright motioned to add to the agenda as an emergency item Ordinance No. 1728, placing a moratorium on group domiciliary care facilities. Mr. Gillis seconded and the vote was unanimous. Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1728 to bring it on the floor for discussion.

City Attorney David Douse introduced Ordinance No. 1728 as an ordinance to suspend the issuance of zoning certificates, building permits and certificates of occupancy for group domiciliary care facilities which in whole or in part are directed toward the provision of residential services to persons who have been convicted of crimes. It also provides that such facilities shall not be permitted under the zoning code for a six-month period to allow study and revision of the definition of group domiciliary care facilities under Section 17.04.120 of the Salisbury Municipal Code, to resolve any constitutional issues and to ensure safe and effective management of such group domiciliary care facilities. Mr. Douse stressed that physically and mentally disabled persons are not impacted by this ordinance since they are protected under the Fair Housing Act.

Mr. Gillis expressed concern that this ordinance may be too specific since it seemed to be geared toward a certain group of individuals. Mr. Cannon clarified that the moratorium was not directed toward Witness International, Inc. Their request brought to the City's attention a deficiency in the Code which needs to be corrected.

Several members of the public voiced their concerns/opposition with having the proposed Halfway House in a residential neighborhood. They weren't opposed to the facility. However, they preferred a location away from residential areas.

After further discussion, Ordinance No. 1728 for first reading passed unanimously.

ORDINANCE NO. 1725 - 2ND READING - REVISING WATER & SEWER RATES

Mr. Gillis motioned and Mr. Himelright seconded to approve Ordinance No. 1725 to bring it on the floor for discussion. Executive Officer John Pick presented Ordinance No. 1725 which revises Sections 13.08.130 and 13.08.140 of the Salisbury Municipal Code by increasing the top tier of the water and sewer rental charges. Mr. Pick noted two amendments to the ordinance. In Section 4, change July 1, 1999 to October 1, 1999 to facilitate the correct implementation for the billing cycle. Section 5 was added to include that the revenue generated by the rate increase in the top tier shall be deposited in a depreciation reserve fund.

Mr. Himelright motioned to amend Ordinance No. 1725 to change the effective date in Section 4 from July 1, 1999 to October 1, 1999 and to add Section 5 which allows for the revenue generated by the rate increase to be placed in a depreciation fund. Mr. Gillis seconded and the amendment passed unanimously.

After further discussion, Ordinance No. 1725, as amended, passed unanimously.

ORDINANCE NO. 1726 - 2ND READING - AMENDING THE City Codes TO ALLOW FOR LENDING OF CITY EQUIPMENT TO OTHER GOVERNMENTAL AGENCIES ON AN EMERGENCY BASIS

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1726 to bring it on the floor for discussion. Director of Procurement & Parking Carol Turner presented Ordinance No. 1726 which amends Section 2.32.010 of the Salisbury Municipal Code by allowing any department head to authorize the lending or leasing of equipment, machinery, personal property or personnel for the purpose of providing mutual aid to federal, state, county or municipal government entities for emergencies.

After a brief discussion, Ordinance No. 1726 for second reading passed unanimously.

ORDINANCE NO. 1727 - 1ST READING - AMENDING THE CABLE TV ORDINANCE TO REDUCE THE FRANCHISE FEE

Mr. Himelright motioned and Mr. Gillis seconded to approve Ordinance No. 1727 to bring it on the floor for discussion. Ordinance No. 1726, as highlighted by Executive Officer John Pick, amends Section 5.22.270 of the Salisbury Municipal Code by reducing the fee paid on gross revenues by cable television operators from five per cent to four per cent effective with bills rendered on or after October 1, 1999.

Mr. Himelright motioned to amend Ordinance No. 1727 by changing the effective date to September 1, 1999. Mr. Ireton seconded and the amendment passed unanimously.

Mr. Cannon explained that the franchise fee was reduced because a majority of Council felt a tremendous amount of the funds were not being spent for cable-related expenses. The funds were being used for General Fund expenditures which Council did not believe was fair for cable subscribers. He anticipated a gradual reduction each year until the fees collected equal the cable-related costs to the City. Mr. Cannon reported that Comcast is planning a rate increase for the upper tier in Delaware, Salisbury and Wicomico County.

After further discussion, Ordinance No. 1727 as amended for first reading passed unanimously.

RESOLUTION NO. 654 - PUBLIC HEARING - RESOLUTION OF SUPPORT FOR CDBG APPLICATION - HOTSPOT PLAYGROUND

Mr. Ireton motioned and Mr. Himelright seconded to approve Resolution No. 654 to bring it on the floor for discussion. Ms. Deborah Stam provided an overview of Resolution No. 654 which approves a Maryland Community Development Block Grant (CDBG) application for funds to construct a playground in the HotSpot neighborhood. The project includes the acquisition of a vacant double lot located on 516 and 518 East William Street and purchasing and installing all the play equipment, safety surfacing, fencing, landscaping, benches, trash cans, and project sign. The total cost for the project is $94,253.

After discussion, including citizen concerns with the location, Resolution No. 654 passed unanimously.

RESOLUTION NO. 655 - SC7-28 CHARTER AMENDMENT - CONTINGENCY FUND

Mr. Gillis motioned and Mr. Ireton seconded to approve Resolution No. 655 to bring it on the floor for discussion. Attorney David Douse introduced Resolution No. 655 as a resolution to amend SC7-28 of the Charter to place the Contingency Fund under the control of the Mayor and City Council. Money from the Contingency Fund may be allocated by the Mayor and a two-thirds majority of the City Council to the various offices, departments or agencies as the Mayor and Council deem advisable or for public purposes not anticipated at the time of budget adoption.

A discussion ensued concerning the two-thirds majority language. Mr. Douse reported that the resolution was drafted according to the provision in the State law. Mr. Himelright suggested amending the resolution to read four-fifths. Mr. Gillis thought four-fifths would be a mistake, so he preferred a majority of Council unless there was a State law prohibiting a majority vote.

Mr. Robert Taylor suggested obtaining an opinion from the Attorney General's Office, but in the interim, Council should conform to State law. He pointed out that Ocean City adopted the State's language using the two-thirds majority. He also suggested eliminating the limitations placed on the Contingency Fund which would allow more flexibility for the use of the funds.

After further discussion, Mr. Ireton motioned to table Resolution No. 655 in order to address the issue in a work session. Mr. Himelright seconded the motion. All voted in favor of tabling Resolution No. 655 with the exception of Mr. Gillis who voted nay.

RESOLUTION NO. 656 - APPROVING INFORMATION SERVICES AGREEMENT WITH WICOMICO COUNTY

Mr. Ireton motioned and Mr. Himelright seconded to approve Resolution No. 656 to bring it on the floor for discussion. Executive Officer John Pick briefed Council on Resolution No. 656 approving an agreement with Wicomico County for the sharing of information management services. Mr. Pick requested that an amendment be made to paragraph 10 on page three of the agreement to change the hourly rates to $50.00 for the Information Services Director, $25.00 for Programmer Analyst A, $25.00 for Programmer Analyst B and $30.00 for AS400 Specialist.

Mr. Himelright motioned and Mr. Ireton seconded to amend paragraph 10, page three, of the Information Services Agreement to change the hourly rates to $50.00 for the Information Services Director, $25.00 for Programmer Analyst A, $25.00 for Programmer Analyst B and $30.00 for AS400 Specialist. The amendment passed unanimously.

After discussion, Resolution No. 656, as amended, 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. Declaration of Surplus . . . . . . . . . . . . . . . . .-0-
2. Computer for City Center (605-3501-531.70-35 unbudgeted capital
Quantex . . . . . . . . . . . . . . . . . . . . . $ 2,063.00
3. Professional Services (001-1701-515.33-02)
Chen, Walsh, Tecler & McCabe . . . . . . . . . . $ 3,753.23
4. Replacement Heating/AC for Fire Station #1 (001-2405-522.70-30)
Total Comfort Systems . . . . . . . . . . . . . . $ 5,200.00
5. Professional Services (001-1701-515.33-02)
Miles & Stockbridge . . . . . . . . . . . . . . . $ 5,446.10
6. Professional Services (001-1701-515.33-01)
Paul Wilber . . . . . . . . . . . . . . . . . . . $12,801.47
7. Contract A-14: IFB#97-182-1
Office Supplies (Various accounts)
Corporate Express . . . . . . . . . . . . . . . .+$25,000.00
8. Contract 103-99 A/E Design Services for Parking
Parking Extension (101-3220-532. )
Timothy Haahs & Associates/George Miles & Buhr . $30,000.00

A discussion was held concerning item #3. From previous work session discussions, it was Council's opinion they only approved paying up to $2,500. Mr. Ireton motioned to table item #3, but the motion died for lack of a second. Mr. Ireton motioned to amend item #3 to $2,500. Mr. Gillis seconded and the amendment passed unanimously.

Mr. Ireton motioned to table item #5 in order to receive an explanation on why the bill was almost a year old. Mr. Himelright seconded the motion. In Mr. Gillis's opinion, the bill should be rejected entirely since it was a year old. All approved tabling item #5 with the exception of Mr. Gillis who voted nay.

After further discussion, upon a motion by Mr. Ireton and seconded by Mr. Himelright, items 1, 2, 3 (as amended), 4, 6, 7 and 8 were unanimously approved.

MAYOR'S COMMENTS

Executive Officer John Pick, on behalf of Mayor Tilghman, commented on the following issues: 1) confirmation of Major Allan Webster as the new police chief; 2) marina restaurant bid; 3) follow-up walk in Johnson's Lake addressing residents' concerns; 4) scheduling the Lt. Governor to visit Salisbury; and 5) developing new neighborhood associations.

COUNCIL PRESIDENT'S COMMENTS

No comments were given.

PUBLIC COMMENTS

Mr. Michael Day suggested that the Executive Officer be given authorization to use monies from the Contingency Fund in the event of an emergency or health and safety issue. Mr. Gillis commented that he had a problem with the fund being used to transfer monies to supplement the budget of different departments. He could only recall one true instance in which there was an emergency (flooding issue) and Mayor Martin contacted Council to get a consensus. This Council was attempting to make it a city fund as opposed to a Mayor's fund. Mr. Robert Taylor commented that we need the ability to deal with emergency situations, not just the ability to take the money and actually spend it.

In regards to the legal bill which was tabled, Mr. Clarence Webster suggested that Council ensure that the City is not being double-billed and then pay it to get the Dykes issue behind us. Mr. Gillis commented that while he was Council President, that particular firm was unresponsive to questions he posed. Personally, until some explanation was received by Council, he had a problem spending more money on it.

With no further discussion, the meeting adjourned at 9:00 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION JULY 2, 1999

TIME & PLACE: 2:05 p.m., Room 301, City/County Government Building
PURPOSE: Personnel matter (police chief position - employment contract)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)
PRESENT: Mayor Barrie P. Tilghman, Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Jim Ireton, City Clerk Brenda Colegrove, Executive Officer John Pick
ABSENT: Councilman Palmer Gillis

At 2:05 p.m. in Room 301 of the City/County Government Building, Mr. Himelright motioned and Mr. Ireton seconded to convene in Closed Executive Session for the purpose of discussing a personnel matter (employment contract for new police chief) as permitted under the Annotated Code of Maryland Section 10-508(a)(i). The vote was unanimous.

After discussing the points of issue presented by Mayor Tilghman, the Council gave their authorization to proceed with contract negotiations.

At 3:30 p.m., Mr. Himelright motioned to adjourn the closed session. Mr. Ireton seconded and the vote was unanimous.

City Clerk

Council President