CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES MAY 24, 1999 MEETING #10

PRESENT

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

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES MAY 10, 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 Ms. Siggers, the minutes of May 10, 1999 were unanimously approved.

APPOINTMENT OF CITIZEN REVIEW PANEL AND ASSISTANT CITY SOLICITOR TO PROVIDE LEGAL ADVICE TO THE CITIZEN REVIEW PANEL

Ms. Siggers motioned to add as an emergency item to the agenda the appointment of a Citizen Review Panel and Assistant City Solicitor to provide advice to the Citizen Review Panel. Upon a second by Mr. Ireton, the vote was unanimous.

Executive Officer John Pick reported that an employee appealed his termination to a Citizen Review Panel (three citizens). The Panel must be City residents, but may not be City employees. Upon recommendations from Council, the following individuals agreed to serve on the Citizen Review Panel:

Rev. Daniel Appleby      Hammond Avenue
Larry Holloway      	1105 New Bedford Way
Paul Tomaszewski         414 Priscilla Street

Mr. Pick reported that County Attorney Ed Baker has agreed to serve as the Assistant City Solicitor in this case to provide legal counsel to the Citizen Review Panel. Since Mr. Wilber represents the department head who took the disciplinary action against the employee, he could not render advice to the Panel on this matter.

In response to Ms. Siggers inquiry, Mayor Tilghman related that she and Mr. Wilber had discussed this issue and both agreed that Mr. Baker was best suited in this capacity. All voted in favor of hiring Mr. Ed Baker as the Assistant City Solicitor with the exception of Ms. Siggers who abstained.

PUBLIC HEARING - PROPOSED FY2000 BUDGET

Mayor Tilghman gave an overview of the FY2000 budget and highlighted the following items included in the budget:

          thermal imaging cameras for the Fire Department
          $5,000 for neighborhood lighting enhancements
          $5,000 for neighborhood mobilization projects 
          5% pay increase for employees
          State Retirement pension enhancements

RESOLUTION NO. 648 - ENTERPRISE ZONE ELIGIBILITY - CLEARCOMM TECHNOLOGIES, INC.

Mr. Himelright motioned and Ms. Siggers seconded to approve Resolution No. 648 to bring it on the floor for discussion. Executive Officer John Pick introduced Resolution No. 648 as a request for Enterprise Zone designation for ClearComm Technologies, Inc. The company has created more than two jobs since locating in the Enterprise Zone and meet all the qualifications to be designated for the benefits.

Resolution No. 648 passed unanimously.

RESOLUTION NO. 649 - APPOINTMENT TO THE CENTRAL CITY DISTRICT COMMISSION

Ms. Siggers motioned and Mr. Gillis seconded to approve Resolution No. 649 to bring it on the floor for discussion. Mayor Tilghman introduced Resolution No. 649 and recommended the appointment of William H. (Dutch) Schwemlein, Jr. to the Central City District Commission to complete the unexpired term of his father (William Schwemlein). The term expires September 30, 1999.

Resolution No. 649 passed unanimously.

RESOLUTION NO. 650 - CREATING A RESIDENTIAL PARKING DISTRICT ON SMITH STREET

Mr. Gillis motioned and Ms. Siggers seconded to approve Resolution No. 650 to bring it on the floor for discussion. Resolution No. 650, as presented by Director of Procurement & Parking Carol Turner, establishes a separate permit parking zone on the 1000 block of Smith Street from Pinehurst to College Avenue. This district would have a different colored permit which would differentiate it from the other parking district. This was initiated by the residents of Smith Street who were experiencing problems with college students from Hanover Street using their permits to park on Smith Street to attend classes at SSU.

After a brief discussion, Resolution No. 650 passed unanimously.

LEASE AGREEMENT FOR PADDLE BOATS IN THE CITY PARK

Mr. Himelright motioned and Ms. Siggers seconded to approve the lease agreement for paddle boats in the City Park to bring it on the floor for discussion. Executive Officer John Pick briefed Council on the agreement granting Robert L. Culver the paddle boat concession for a three-year period beginning on January 1, 1999 for a total of $1,500. The insurance liability policy requirement was increased from $300,000 to $500,000.

Ms. Siggers questioned who was responsible for the bathroom facilities. Mr. Culver related that he takes care of the cleaning on a daily basis, but the City provides the maintenance. The restrooms are open during his hours of operations or for special events such as the Firemen's Muster. The restrooms are locked during non-operating hours.

After further discussion, the lease agreement for paddle boats in the City Park 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
Earn-A-Bike Youth Program . . . . . . . . . . . . . . . . . .-0-
2. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . $13,607.10

Mr. Himelright motioned and Ms. Siggers seconded to approve the above items to bring them on the floor for discussion. Ms. Siggers disclosed she would be abstaining from voting on item #1.

After a brief discussion, Messrs. Gillis, Himelright and Cannon voted in favor of approving the above items. Mr. Ireton voted nay. Ms. Siggers abstained on item #1, but was in favor of item #2.

MAYOR'S COMMENTS

Mayor Tilghman commented on the issues being addressed by her department heads and on her trip to Estonia as part of the State delegation.

COUNCIL PRESIDENT'S COMMENTS

Council President Cannon mentioned that Council has completed the initial department reviews for the budget and will continue with their budget meetings tomorrow to discuss any changes.

PUBLIC COMMENTS

Mr. Robert Ryan inquired if a dollar value was established for in-kind services provided by any of the departments. Mayor Tilghman related that she receives a report for in-kind services provided by the individual departments for the Salisbury Festival. Ms. Siggers commended Mayor Tilghman for her participation in the trip to Estonia.

With no further discussion, the meeting adjourned at 7:45 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION MAY 24, 1999

TIME & PLACE: 6:00 p.m., Room 300, City/County Government Building
PURPOSE: Personnel matter - Police Chief candidates
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)
PRESENT: Mayor Barrie Tilghman, Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Jim Ireton, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Jim McCauley, Sandy Willey, Russ Pecoraro and Jerry Lyons

At 6:00 p.m. in Room 300 of the City/County Government Building, Mr. Ireton motioned to convene into Closed Executive Session to discuss a personnel matter concerning the police chief candidates as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i). Mr. Himelright seconded and the vote was unanimous.

After discussion and receiving input from the members of the Search Committee, Council agreed to move forward with the process in interviewing the remaining three candidates. Mr. Himelright motioned to adjourn the closed meeting at 6:55 p.m. Ms. Siggers seconded and the vote was unanimous.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION MAY 25, 1999

TIME & PLACE: 8:12 a.m., Room 301, City/County Government Building
PURPOSE: Consult with staff concerning pending/potential litigation (Flannery's)
VOTE TO CLOSE: Unanimous (Note: Ms. Siggers was not present during the vote to close)
CITATION: Annotated Code of Maryland Section 10-508(a)(8)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Jim Ireton, City Clerk Brenda Colegrove, Executive Officer John Pick

At 8:12 a.m. in Room 301 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session to consult with staff regarding pending/potential litigation (Flannery's) as permitted under the Annotated Code of Maryland Section 10-508(a)(8). Mr. Ireton seconded and the vote was unanimous. Ms. Siggers was not present during the vote to close.

After discussion of the offer submitted by Flannery's, Council requested legal advice from the City Solicitor before taking any action. On a motion by Mr. Himelright and seconded by Ms. Siggers, the Closed Session adjourned at 8:29 a.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION JUNE 1, 1999

TIME & PLACE: 2:10 p.m., Room 300, City/County Government Building
PURPOSE: Personnel issues - compensation and new personnel requests
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, Councilman Jim Ireton

At 2:10 p.m. in Room 300 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session to discuss personnel issues (compensation for employees and new personnel requests for the FY2000 budget) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i). Mr. Ireton seconded and the vote was unanimous.

After discussion of the proposed compensation and requests, the Closed Session adjourned at 3:40 p.m. upon a motion by Ms. Siggers and seconded by Mr. Gillis. Council reconvened in open session.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION JUNE 7, 1999

TIME & PLACE: 5:45 p.m., Room 301, City/County Government Building
PURPOSE: Personnel issue - police chief interviews
VOTE TO CLOSE: 3-2 vote (Cannon, Himelright, Siggers - aye; Gillis & Ireton - nay)
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, Councilman Jim Ireton and City Clerk Brenda Colegrove (Mayor Tilghman present during a portion of the meeting)

At 5:45 p.m. in Room 301 of the City/County Government Building, Mr. Gillis motioned to convene into Closed Executive Session for the purpose of interviewing the police chief candidates as permitted under the Annotated Code of Maryland Section 10.508(a)(1)(i). Mr. Ireton seconded the motion. Ms. Siggers, Mr. Himelright and Mr. Cannon voted in favor of the Closed Session. Messrs. Gillis and Ireton voted nay.

After interviewing the two candidates, upon a motion by Ms. Siggers and a second by Mr. Ireton, the Closed Session adjourned at 7:30 p.m. Council reconvened in open session.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION JUNE 7, 1999

TIME & PLACE: 8:35 p.m., Room 301, City/County Government Building
PURPOSE: Personnel issue - police chief position
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, Councilman Jim Ireton, Clerk Brenda Colegrove and Executive Officer John Pick

At 8:35 p.m. in Room 301 of the City/County Government Building, Mr. Himelright motioned to convene into Closed Executive Session for a personnel issue (police chief position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i). Mr. Ireton seconded and the vote was unanimous.

Council discussed the candidates for the police chief position and their comments will be conveyed to the Mayor. At 8:45 p.m., upon a motion by Ms. Siggers and seconded by Mr. Ireton, the Closed Session adjourned and Council reconvened into open session.

City Clerk

Council President