CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES NOVEMBER 22, 1999 MEETING #22

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 NOVEMBER 8, 1999

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Cannon called the meeting to order. The Lord's Prayer was repeated and Boy Scouts from Troop #151, Asbury United Methodist Church, led the audience in the Pledge of Allegiance.

On a motion by Ms. Siggers and seconded by Mr. Gillis, the minutes of November 8, 1999 were unanimously approved.

ORDINANCE NO. 1740 - 2ND READING - BUDGET AMENDMENT TO ACCEPT CDBG FUNDS FOR HOTSPOT PLAYGROUND AT 516 AND 518 E. WILLIAM STREET

Ms. Siggers moved and Mr. Himelright seconded to approve Ordinance No. 1740 to bring it on the floor for discussion. Ms. Deborah Stam presented Ordinance No. 1740 accepting $60,000 in Community Development Block grant (CDBG) funds for a new playground in the Church Street HotSpot neighborhood at 516 and 518 E. William Street.

All voted in favor of Ordinance No. 1740 for second reading with the exception of Mr. Cannon who voted nay.

ORDINANCE NO. 1741 - 2ND READING - BUDGET AMENDMENT TO ACCEPT GOCCP FUNDS FOR HOTSPOT PLAYGROUND AT 516 AND 518 E. WILLIAM STREET

Ms. Siggers moved and Mr. Himelright seconded to approve Ordinance No. 1741 to bring it on the floor for discussion. Ordinance No. 1741, as related to Council by Ms. Deborah Stam, accepts $10,000 in grant funds from the Governor's Office of Crime Control & Prevention (GOCCP) for a new playground in the Church Street HotSpot neighborhood at 516 and 518 E. William Street.

After a brief discussion, all voted in favor of Ordinance No. 1741 for second reading with the exception of Mr. Cannon who voted nay. Mr. Cannon voted nay on both ordinances because he did not believe it was the best location for a playground nor should we spend State money just because it had been made available.

ORDINANCE NO. 1742 - 2ND READING - BUDGET AMENDMENT - LAW ENFORCEMENT BLOCK GRANT TO PURCHASE COMPUTER HARDWARE AND SOFTWARE

Mr. Himelright moved and Mr. Gillis seconded to approve Ordinance No. 1742 to bring it on the floor for discussion. Police Chief Allan Webster provided an overview of Ordinance No. 1742, a budget amendment in the amount of $126,616 for the purpose of purchasing computer hardware and software for the Salisbury Police Department through a Labor Law Enforcement Block Grant.

Ordinance No. 1742 for second reading passed unanimously.

ORDINANCE NO. 1743 - 2ND READING - AMENDING FALSE ALARM FEE SCHEDULE IN THE CODE - INCREASING FROM $25 TO $50

Ms. Siggers moved and Mr. Himelright seconded to approve Ordinance No. 1743 to bring it on the floor for discussion. Executive Officer John Pick presented Ordinance No. 1743 as an ordinance for "housekeeping" purposes only to ensure that the Code is consistent with the budget ordinance passed in 1995 in which the false alarm fee was increased from $25 to $50.

Ordinance No. 1743 for second reading passed unanimously.

ORDINANCE NO. 1744 - 1ST READING - BUDGET AMENDMENT TO PROVIDE FUNDS FOR THE BREW RIVER RESTAURANT PARKING LOT

Mr. Gillis moved to add Ordinance No. 1744 to the agenda as an emergency item. Mr. Himelright seconded and the vote was unanimous. Mr. Himelright moved and Mr. Stacey seconded to approve Ordinance No. 1744 to bring it on the floor for discussion. Director of Procurement and Parking Carol Turner introduced Ordinance No. 1744 as a budget amendment to provide $631,000 from the Parking Authority for the Brew River Restaurant parking lot at the marina.

A discussion ensued concerning the cost for the project. Mrs. Turner pointed out that the amount includes funding for two contracts one for the lighting and another for the paving, curb, gutter and stormwater management. There is a tight time frame in order for the project to be completed in time for the opening of the restaurant in the Spring.

Mr. Gillis expressed concern with this project being completed in such a short time, especially since the paving plants traditionally close the last week in December. He suggested two options for the project: 1) put a stone parking lot in and defer the paving until Spring; or 2) put a base coat in and leave the top coat out for now. Mr. Gillis had expected the project to cost approximately $200,000, so he preferred more information on the project before making a decision.

Acting Director of Public Works Chip Messick acknowledged that it was possible to only do a base course now and delay the second layer until the Spring or even a year later. They had already discussed this in order to save some money up-front.

Mrs. Turner reported that the $631,000 figure could be reduced as follows: 1) remove $150,000 for stormwater and fund it through other means; and 2) reduce the number of lights from the marina area itself and along the Riverwalk that the Parking Authority would have to pay for to approximately twenty. This would bring the final cost estimate to $430,00 out of the Parking Authority Fund. Mrs. Turner did not know where the other monies would come from. Mr. Himelright suggested taking $90,000 from Mr. Hanna's payment.

Finance Director Roger Baskerville opined that monies could be obtained from the Moody's fund or unappropriated surplus. The $90,000 collected this year for the purchase of the property could be used toward the project. If the $631,000 was taken out of the Parking Authority, funding the parking garage through a bond issue would require increasing the rates by 20% across the board. However, to fund the extension with air rights across the Bank of America lot, would necessitate a 30% increase in rates across the board. For every $100,000 taken out of the account, the garage project is pushed back one year.

Messrs. Bill Ahtes, Jack Purnell, Tom Johnson and Chip Dashiell, members of the CCDC, voiced their displeasure with the monies being taken from the Parking Authority Fund in light of the CCDC's intent to use the funds for an extension to the parking garage. The Parking Fund had accumulated approximately $1 million for the project and had been recommended to the City Council by the CCDC to proceed without increasing rates or imposing a tax district. The CCDC did not understand how this money would arbitrarily come out of the Parking Fund without their input.

After further discussion, Council requested that Mrs. Turner meet with Acting Public Works Director Chip Messick, Finance Director Roger Baskerville and the CCDC to discuss the costs, determine where the funding is coming from, and the timetable for both projects. If necessary, a special meeting would be scheduled to vote on the ordinance.

Ms. Siggers moved and Mr. Stacey seconded to table Ordinance No. 1744. Ordinance No. 1744 was tabled by a unanimous vote.

RESOLUTION NO. 678 - ENTERPRISE ZONE ELIGIBILITY - PERSONAL PROFESSIONAL IMAGING (PPI)

Ms. Siggers moved and Mr. Stacey seconded to approve Resolution No. 678 to bring it on the floor for discussion. Executive Officer John Pick introduced Resolution No. 678 as a resolution declaring that Personal Professional Imaging (PPI), located at 1205 Mt. Hermon Road, is eligible to receive Enterprise Zone benefits. PPI has created more than two jobs since locating in the Enterprise Zone and more than $50,000 has been invested in the property.

After a brief discussion concerning the $50,000 investment qualification, all voted in favor of Resolution No. 678 with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 679 - ENTERPRISE ZONE ELIGIBILITY - BREW RIVER RESTAURANT

Mr. Himelright moved and Mr. Stacey seconded to approve Resolution No. 679 to bring it on the floor for discussion. Executive Officer John Pick briefed Council on Resolution No. 679 declaring that the Brew River Restaurant, located at 502 West Main Street, is eligible to receive Enterprise Zone benefits. Mr. Frank Hanna has invested more than $50,000 in the property and has created more than two jobs.

Resolution No. 679 passed unanimously.

RESOLUTION NO. 680 - ACCEPTING TAX DIFFERENTIAL REPORT AND AUTHORIZING THE SUBMISSION OF A REQUEST TO WICOMICO COUNTY FOR TAX DIFFERENTIAL

Mr. Himelright moved and Mr. Stacey seconded to approve Resolution No. 680 to bring it on the floor for discussion. Executive Officer John Pick provided a briefing of Resolution No. 680 which accepts the November 1999 tax differential study prepared by the Institute for Governmental Service and authorizes the submission of a request to Wicomico County for a tax setoff equal to $.12 on the County's tax rate for the fiscal year beginning July 1, 2000.

Mr. Stacey moved to amend the letter to the County by including the designation of Palmer Gillis and Frank Himelright as the City Council representatives. Ms. Siggers seconded and the amendment passed unanimously.

After further discussion, Resolution No. 680, as amended, passed unanimously.

MANUFACTURING EXEMPTION REQUEST - WHEATON PHARMATECH

Finance Director Roger Baskerville presented Wheaton Pharmatech's request for a manufacturing exemption on equipment purchased in calendar year 1998. Mr. Baskerville recommended that a five year exemption be granted beginning with tax year July 1, 1999 to June 30, 2000. The exemption equates to approximately $10,418 over the next five years.

The manufacturing exemption request was unanimously approved.

AWARD OF BIDS

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

1. Declaration of Surplus . . . . . . . . . . . . . . . . .-0-
2. Professional Services (001-1701-515.33-02)
McGuire, Woods, Battle & Boothe . . . . . . . . . $ 6,088.81
3. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . $ 9,305.68
4. Contract No. A-9-99; Renewal (001-2405-522.20-83, 605-2610-523.20-83)
Eastern Shore Uniforms . . . . . . . . . . . . . $15,854.06

After a brief discussion, Mr. Himelright moved to approve the above four items. Ms. Siggers seconded and the vote was unanimous.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following issues:

Community-wide meeting concerning trash on December 2, 1999 at 7:00 p.m. at the Chipman Cultural Center;
Police and Community Relations Committee meeting scheduled for November 29, 1999 at 5:00 p.m. in Council Chambers;
Camden residents meeting with Mayor and department heads on November 30, 1999 at 7:00 p.m. at Bethany Lutheran Church;
discussions being held on marina restaurant; and
BHZ working on properties identified by Neighborhood Roundtable.

COUNCIL PRESIDENT'S COMMENTS

Council President Cannon described the items being discussed in work sessions, i.e., changing date of elections to the Fall, tax differential, water and sewer services to Wor-Wic, Perdue Stadium and the Drill Academy, Charter Recommendations - Ethics and Purchasing, Traffic and Safety Committee, and downtown development.

PUBLIC COMMENTS

Ms. Siggers acknowledged that the annual food drive sponsored by Bernie and Jim Greene generated approximately 9,000 pounds of food for the Joseph House. A group from Salisbury State University made significant improvements to the Camden-Newton tot lot. This effort was funded by the Salisbury Areas Property Association (SAPOA).

A brief discussion followed concerning holiday trash pick up and citations for cans left out on the street.

At 8:55 p.m., Mr. Stacey moved and Mr. Himelright seconded to convene in Closed Executive Session to discuss a legal settlement. After the closed session, the meeting adjourned at 9:00 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION NOVEMBER 22, 1999

TIME & PLACE: 8:55 p.m., Room 301, City/County Government Building
PURPOSE: Legal settlement - zoo concession
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508((a)(7)(8)
PRESENT: Mayor Barrie Tilghman, Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber

City Solicitor Paul Wilber briefed Council on the amount of the settlement agreement. Council agreed to the account which would fund the settlement amount.

At 9:00 p.m., Ms. Siggers moved to adjourn the closed session and reconvene in open session. Mr. Stacey seconded and the vote was unanimous.

City Clerk

Council President