CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES OCTOBER 25, 1999 MEETING #20

PRESENT

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

* arrived 7:05 p.m.

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES OCTOBER 11, 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. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.

Mr. Gillis moved to amend page 6 of the minutes, under discussion of item #1, to reflect that Mr. Himelright voted not to pay the Miles & Stockbridge bill instead of Mr. Cannon. Mr. Stacey seconded and the amendment passed unanimously. Mr. Gillis moved to approve the October 11, 1999 minutes as amended. Mr. Stacey seconded and the October 11, 1999 minutes, as amended, were unanimously approved. Mr. Cannon was not present during the approval of the minutes.

PRESENTATION OF FISCAL YEAR 1999 AUDIT REPORT

Mr. Jim Pigg, Mr. Boyd Bounds and Ms. Susan Keen, representing Pigg, Krahl, Stern & Co., P.A., presented their audit report on the City's financial statements for the fiscal year ended June 30, 1999. The auditors issued an unqualified or clean opinion on the financial statements, the highest level audit opinion that can be offered in public accounting.

Mr. Boyd Bounds gave an overview of the financial highlights for the year ended June 30, 1999. In the General Fund, revenues exceeded expenditures by $698,709 compared to $248,119 for 1998. The Water and Sewer Fund resulted in a net income of $67,589 compared to a net loss in 1998 of $283,843.

Ms. Susan Keen reviewed the graphs depicting General Fund revenues by source, category and type, and a graph representing Salisbury's growth in assessable base. Property taxes represented 58.43% in General Fund Revenues by source. In General Fund expenditures by category, Public Safety and Public Works represented 53.78% and 25.31%, respectively. Salaries and employee benefits represented a total of 62.60% in the General Fund expenditures by type. The City's assessable base, $616,096,113, increased 2.09% over 1998.

ORDINANCE NO. 1737 - 2ND READING - BUDGET AMENDMENT - FUNDS FOR PURCHASING THERMAL IMAGING CAMERAS

Mr. Himelright moved and Mr. Gillis seconded to approve Ordinance No. 1737 to bring it on the floor for discussion. Fire Chief William Higgins presented Ordinance No. 1737 as a budget amendment for the purchase of two thermal imaging cameras for the Salisbury Fire Department.

Ordinance No. 1737 for second reading passed unanimously.

ORDINANCE NO. 1738 - 1ST READING - SUSPENDING CDMA FEE STRUCTURE FOR TWO YEARS

Mr. Himelright moved and Mr. Gillis seconded to approve Ordinance No. 1738 to bring it on the floor for discussion. Ordinance No. 1738, as introduced by City Solicitor Paul Wilber, amends Section 5.04.040 of the Salisbury Municipal Code by suspending collection of the annual downtown business district license fee for a period of two years.

Finance Director Roger Baskerville pointed out that 1999 bills had not been mailed. It was his understanding that 1999 fees were also to be suspended. Mr. Gillis moved to amend Ordinance No. 1738 by changing the first Whereas paragraph on page one to read three years instead of two, and changing item E on page two to read January 1, 1999, January 1, 2000 and January 1, 2001. Mr. Himelright seconded and the amendments passed unanimously. Ordinance No. 1738, as amended for first reading, passed unanimously.

ORDINANCE NO. 1739 - FISCAL YEAR 2000 BUDGET AMENDMENT TO PROVIDE FOR THE REPLACEMENT OF THE LADDER ON THE FIRE DEPARTMENT'S LADDER TRUCK

Mr. Himelright moved to add Ordinance No. 1739 to the agenda as an emergency item. The vote was unanimous upon a second by Ms. Siggers. Mr. Gillis moved and Ms. Siggers seconded to approve Ordinance No. 1739 to bring it on the floor for discussion.

Fire Chief William Higgins introduced Ordinance No. 1739 as a budget amendment to replace the ladder on the Fire Department's ladder truck. The City's insurance company, Local Government Insurance Trust (LGIT) will cover $51,804 of the cost with the City paying $40,000.

Ordinance No. 1739 for first reading passed unanimously.

RESOLUTION NO. 672 - AMENDMENT TO ZOO COMMISSION BYLAWS

Mr. Gillis moved and Mr. Himelright seconded to approve Resolution No. 672 to bring it on the floor for discussion. City Solicitor Paul Wilber introduced Resolution No. 672 approving an amendment to the Salisbury Zoo Commission bylaws relating to the management of Salisbury Zoo Commission funds and the authority of the Zoo Director to purchase and sell animals.

Mr. Ron Alessi, Chairman of the Zoo Commission, mentioned that there were other housekeeping items which needed to be amended in the bylaws. Those items included: 1) addition of two Zoo Commissioners - one from the Docents and one from the Friends of the Salisbury Zoo; 2) staggered appointments; 3) requirement that all members attend at least 60% of the scheduled meetings in a calendar year; and 4) meeting minutes to be submitted to the City of Salisbury.

Mr. Stacey recommended that Council approve Resolution No. 672 and postpone Resolution No. 673 until the above mentioned amendments come before Council for approval.

After further discussion, all voted in favor of Resolution No. 672 with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 673 - APPOINTMENTS TO ZOO COMMISSION

Mr. Gillis moved and Ms. Siggers seconded to approve Resolution No. 673 to bring it on the floor for discussion. Mayor Tilghman recommended that Resolution No. 673 be tabled until the amendment is approved by Council to increase the membership of the Zoo Commission by including a representative of the Docents and a representative of the Friends of the Salisbury Zoo.

Mr. Himelright moved to table Resolution No. 673. Mr. Gillis seconded and the vote was unanimous.

RESOLUTION NO. 674 - APPOINTMENT TO MARINA COMMISSION

Mr. Himelright moved and Mr. Gillis seconded to approve Resolution No. 674 to bring it on the floor for discussion. Mayor Tilghman recommended the appointment of Michael G. Abercrombie, Sr. to the Marina Commission to replace Phillip C. Cooper who has resigned.

Ms. Siggers and Mr. Gillis expressed that Mr. Cooper's presence and input will be missed from the Marina Commission.

Resolution No. 674 passed unanimously (Mr. Cannon was not present during the vote).

RESOLUTION NO. 675 - APPROVING POLICE MUTUAL AID AGREEMENT

Mr. Gillis moved and Mr. Stacey seconded to approve Resolution No. 675 to bring it on the floor for discussion. Police Chief Al Webster presented Resolution No. 675 authorizing a Police Mutual Aid Agreement with Wicomico County, Maryland, the Town of Delmar, Maryland, and the City of Fruitland, Maryland. Chief Webster pointed out that it is the same agreement as before with the addition of Delmar and Fruitland.

Resolution No. 675 passed unanimously.

RESOLUTION NO. 676 - POLICY ON WAIVER OF BUILDING PERMIT FEES FOR NON-PROFIT ORGANIZATIONS

Mr. Himelright moved and Ms. Siggers seconded to approve Resolution No. 676 to bring it on the floor for discussion. Building, Housing and Zoning Director William Holland introduced Resolution No. 676 adopting a policy not to waive building permits, plumbing permits and plan review fees for nonprofit organizations.

Ms. Siggers commented that she had been advocating this policy for sometime which would eliminate any opportunity for disparity. Mr. Gillis recommended that Council keep the current policy of considering each on a case by case basis since some struggling nonprofit organizations may need a waiver because of the expensive fees. Mr. Himelright referred to the waiver given to the Teen Adult Center. The organization is now advertising for catering services so this puts them into competition with businesses who are paying taxes. Consequently, he favored a policy for not waiving the fees for nonprofit organizations. Mr. Cannon believed it would be more consistent to not waive the fees and, therefore, was in favor of the proposed policy.

Mr. C. T. Webster expressed that he agreed with the proposed policy to not waive fees for nonprofit organizations.

All voted in favor of Resolution No. 676 with the exception of Mr. Gillis who voted nay.

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. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . $ 8,268.00
3. Catwalk Repair at WWTP (601-4101-533.70-20)
Tri-State Engineering . . . . . . . . . . . . . . . . $16,094.00
4. Contract No. 103-00 City Computers (Various Accounts)
Gateway . . . . . . . . . . . . . . . . . . . . . . . $29,866.00
5. Contract No. 102-00 Utility Building Roof (601-4105-532.70-15)
Peninsula Roofing . . . . . . . . . . . . . . . . . . $50,250.00
6. Thermal Imaging Cameras (001-2405-522.70-30)
Bullard . . . . . . . . . . . . . . . . . . . . . . . $54,900.00

After a brief discussion, the above items were unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following issues:

MML Legislative Conference - adopted legislative priorities related to smart growth for upcoming legislative session;
Task Force efforts on community redevelopment; and wished Col. Ed Guthrie best wishes for success in his new position as the Chief of Police in Pocatello, Idaho.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. Robert Cannon, Sr. commented that it was time to evaluate the purchase of a new ladder truck for the Salisbury Fire Department. Mr. Cannon was willing to donate $2,000 to that effort.

Mr. Kris Hughes, Director of Planning & Zoning, responded to Mr. Himelright's request on the status of Wal-Mart, banners and cell towers. Mr. Robert Taylor provided additional input on the Wal-Mart issue.

Ms. Jackie Castillo thanked Mayor Tilghman and Councilwoman Siggers for the City's assistance with their Hispanic Festival.

With no further business, the meeting adjourned at 8:24 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION NOVEMBER 3, 1999

TIME & PLACE: 9:30 a.m., Room 301 - City/County Government Building
PURPOSE: Personnel matter - Public Works Director
VOTE TO CLOSE: 4-1 (Ms. Siggers voted nay)
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)(ii)
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

At 9:30 a.m. in Room 301 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session to discuss a personnel matter (Public Works Director position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i)(ii). Mr. Himelright seconded. All voted in favor with the exception of Ms. Siggers who voted nay.

Mayor Tilghman announced the appointment of an acting director for the Public Works Department and discussed with Council the process proposed for seeking a new director for the Public Works Department.

At 10:00 a.m., Mr. Gillis moved to adjourn the closed session and reconvene in open session. Mr. Stacey seconded and the vote was unanimous.

City Clerk

Council President