PRESENT

Mayor Barrie P. Tilghman (arrived 7:10 p.m.)
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman William Stacey

IN ATTENDANCE

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 the Pledge of Allegiance was recited.

Ms. Siggers moved and Mr. Gillis seconded to approve the March 27, 2000 minutes to bring them on the floor for discussion. Mr. Himelright commented that he still had not seen the figures on privatizing trash pick up from Administration. The minutes of March 27, 2000 were unanimously approved as presented.

ORDINANCE NO. 1756 - 2ND READING - RELOCATING A PORTION OF NORTH POINTE DRIVE

Since Mr. Cannon had a conflict of interest with this item, he turned the meeting over to Vice President Himelright to preside over the discussion (Mr. Cannon left Council Chambers). Mr. Stacey moved and Mr. Gillis seconded to approve Ordinance No. 1756 to bring it on the floor for discussion.

City Solicitor Paul Wilber presented Ordinance No. 1756 for second reading closing a portion of North Pointe Drive and relocating it approximately sixty-five feet to the south.

Mr. Robert Taylor, attorney representing Wal-Mart, clarified that the relocation would occur first and when opened to traffic the old part would be closed. Mr. Jeff Badger, representing Mr. and Mrs. Robert P. Cannon, relayed his previous comments that the City had a moral obligation to the Cannons to not move North Pointe Drive without their consent, the relocation was only for a private purpose, and it would destroy the vision of the Cannon property from Rt. 13. Mr. Taylor, however, did not believe there was any moral obligation or agreement and referred to Maryland court cases concerning public purposes of road closings.

Ms. Siggers recalled that the Wal-Mart representatives indicated the expansion could be done without relocating the street. Even though this would provide more job opportunities within the community, Ms. Siggers was concerned with the negative impact on the Cannon property and, therefore, would not be able to support the relocation of North Pointe Drive.

Mr. Gillis pointed out that he had not seen an agreement in which the City had a moral obligation to the Cannons. Although he believed the Wal-Mart expansion may block some of the visibility to the Cannon property, in his opinion there was a public benefit by reworking some of the access points on North Pointe Drive. Consequently, he would support the relocation.

Mr. Stacey commented that the Wal-Mart property was already developed and paying taxes, whereas the Cannon property was undeveloped. He did not believe the Cannon property would depreciate in value. Mr. Himelright was looking at jobs, tax base and safety which outweighed the lack of visibility to the Cannon property.

Ordinance No. 1756 for second reading passed on a 3-1 vote with Ms. Siggers voting nay.

(Mr. Cannon returned to Council Chambers at 7:27 p.m. and presided over the balance of the meeting.)

CERTIFICATES OF APPRECIATION

Mayor Tilghman presented Certificates of Appreciation to five individuals for their heroic efforts in saving the life of a Salisbury resident in a house fire on March 15, 2000. Accepting the certificates were Firefighter Jonathan M. Gray, Firefighter Joel K. McCroy, Captain Todd O. Pruitt, Paramedic Larry W. Dodd and Paramedic Shirley S. Reddish.

ORDINANCE NO. 1757 - 2ND READING - BUDGET AMENDMENT - HOTSPOT II OVERTIME INITIATIVE

Mr. Stacey moved and Mr. Gillis seconded to approve Ordinance No. 1757 to bring it on the floor for discussion. Ordinance No. 1757, as presented by Police Chief Al Webster, adds $3,125 in State grant funds to the budget to be used for overtime funds for additional patrol officers in the designated HotSpot II area.

Ms. Siggers reiterated her previous concerns that the community did not perceive an increased presence would benefit the residents or improve the quality of life. The residents were asking for a more effective policing effort which did not necessarily necessitate an increased presence of officers. There were also concerns within the community with police conduct. To address this statement, Ms. Deborah Green relayed an incident with the police which occurred on Saturday evening.

After further discussion, Ordinance No. 1757 for second reading passed on a 4-1 vote (Ms. Siggers voting nay).

ORDINANCE NO. 1758 - 2ND READING - BUDGET AMENDMENT - APPROPRIATING MONEY SEIZED BY POLICE DEPARTMENT

Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1758 to bring it on the floor for discussion. Ordinance No. 1758, as briefed by Police Chief Al Webster, provides for the expenditure of recovered money ($1,929) to host an open house for the citizens of Salisbury on April 29, 2000.

After a brief discussion, Ordinance No. 1758 for second reading passed unanimously.

ORDINANCE NO. 1761 - 1ST READING - BUDGET AMENDMENT - WEED & SEED - OVERTIME REIMBURSEMENT AND DEPOSIT OF GRANT FUNDS AWARDED THROUGH DEPARTMENT OF JUSTICE

Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1761 to bring it on the floor for discussion. Police Chief Al Webster introduced Ordinance No. 1761 as a budget amendment providing for overtime grant funds ($11,000) awarded through the Department of Justice to enhance community policing and revitalization efforts in the designated Weed and Seed areas.

After discussion, Ordinance No. 1761 for first reading passed on a 4-1 vote (Ms. Siggers voting nay).

ORDINANCE NO. 1762 - 1ST READING - BUDGET AMENDMENT - VICTIM ASSISTANCE SERVICES AND DEPOSITING STATE GRANT FUNDS AWARDED THROUGH GOVERNOR'S OFFICE OF CRIME CONTROL & PREVENTION TO FUND CIVILIAN POSITION OF VICTIM ASSISTANCE OFFICER

Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1762 to bring it on the floor for discussion. Police Chief Al Webster introduced Ordinance No. 1762 as a budget amendment providing for $12,464 in State grant funds awarded through the Governor's Office of Crime Control & Prevention to fund a civilian position of Victim Assistance Officer.

After a brief discussion, Ordinance No. 1762 for first reading was unanimously approved.

ORDINANCE NO. 1763 - 1ST READING - EXTENDING MORATORIUM FOR GROUP DOMICILIARY CARE FACILITIES

Ms. Siggers moved and Mr. Gillis seconded to approve Ordinance No. 1763 to bring it on the floor for discussion. City Solicitor Paul Wilber addressed Ordinance No. 1763 extending the moratorium for group domiciliary care facilities to May 31, 2000 to allow time for the Planning Commission to review the draft ordinance.

Mr. Stacey moved and Mr. Himelright seconded to amend Ordinance No. 1763 by extending the moratorium to June 30, 2000. Mr. Cannon preferred keeping the May 31st date in order to keep everyone's feet to the fire. Messrs. Gillis, Himelright and Stacey voted aye; Ms. Siggers and Mr. Cannon voted nay.

After further discussion, Ordinance No. 1763, as amended for first reading, passed on a 4-1 vote (Ms. Siggers voting nay).

RESOLUTION NO. 700 - APPOINTMENTS TO MARINA COMMISSION

Ms. Siggers moved and Mr. Gillis seconded to approve Resolution No. 700 to bring it on the floor for discussion. Mayor Tilghman recommended the appointment of Larry Moser to fill the vacancy on the Marina Commission and the reappointment of Michael G. Murray, O. D. "Buzz" Christiansen, Jr., Jane Mengason, Norman Holland, Robert Gladden and Charles Dolby. All terms would expire on January 2002. The Commission had recommended Mr. Marion Evans to fill the vacancy. Since Mr. Evans and Mr. Moser were equally qualified, Mayor Tilghman preferred giving the appointment to Mr. Moser because he is a city resident.

Ms. Siggers appreciated the Mayor giving preference to a city resident even though all the candidates were qualified. Mr. Cannon explained that he did not know any of the applicants for the vacant position and had not reviewed the resumes. Mayor Tilghman noted that she would make the letters of interest available if Council preferred delaying taking action on the appointment. Mr. Gillis moved and Mr. Himelright seconded to table Resolution No. 700. The motion to table passed unanimously.

RESOLUTION NO. 701 - GRANTING A STORM WATER EASEMENT TO WICOMICO COUNTY ACROSS CITY-OWNED PROPERTY

Mr. Stacey moved and Mr. Himelright seconded to approve Resolution No. 701 to bring it on the floor for discussion. Acting Public Works Director Chip Messick summarized Resolution No. 701 granting a storm water easement to Wicomico County across city-owned property located on Naylor Mill Road. The proposed storm drainage system will provide drainage to Jersey Road which is to be constructed as part of the road improvements to the Jersey Road/Naylor Mill Road intersection.

After a brief discussion, Resolution No. 701 passed unanimously.

RESOLUTION NO. 702 - AUTHORIZING OPENING OF CLOSED SESSION RELATING TO COULBOURN DYKES MATTER

Mr. Stacey moved and Mr. Gillis seconded to approve Resolution No. 702 to bring it on the floor for discussion. City Solicitor Paul Wilber briefed Council on Resolution No. 702 authorizing the opening of closed session minutes relating to the Coulbourn Dykes personnel matter. Mr. Wilber explained that he and the City Clerk would review the minutes and block out any portions not relating to the Dykes issue before releasing them to the public.

Mr. Cannon did not believe it was appropriate to open the minutes for public review because it was a personnel issue which should allow for privacy and sensitivity. It was also his understanding that there was a provision in the agreement only to disclose what was required by law.

Mayor Tilghman voiced that releasing the closed minutes in this, or any other personnel case, would not respect or consider the best interests of the community or the individuals involved. In Mayor Tilghman's opinion, the release of minutes would lead to the return of a very difficult period for the Dykes family.

Comments from the audience were split with one individual stating that the public had the right to know. The other individual expressed that it was time to move on and voiced his concern that this would set a precedent in which all employee personnel matters would be a matter of public record going forward.

Mr. Gillis commented that this was not a personnel issue, but allegations of criminal wrongdoing. Ms. Siggers thought it was a moot point to open the minutes and, out of respect for personnel matters and the Dykes family, she did not care to release the minutes.

Messrs. Gillis, Himelright and Stacey voted in favor of Resolution No. 702; Ms. Siggers and Mr. Cannon voted nay. Resolution No. 702 passed on a 3-2 vote.

AWARD OF BIDS

The following items were presented for approval by Director of Procurement & Parking Carol Turner:

Declaration of Surplus, Granting Quit Claim Deed . . . . . .-0-
Declaration of Surplus, Earn-a-Bike Program . . . . . . . . .-0-
Declaration of Surplus, City Auction . . . . . . . . . . . . . . . .-0-

Ms. Siggers moved and Mr. Gillis seconded to approve the Award of Bids to bring it on the floor for discussion. Mr. Himelright moved and Mr. Stacey seconded to table item #1 since there were unanswered questions as to whether to charge for the strip of land. Ms. Siggers, Mr. Himelright and Mr. Stacey voted in favor of tabling item #1; Mr. Gillis and Mr. Cannon voted nay. Item #1 was tabled on a 3-2 vote. Items #2 and #3 were unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

Brew River Restaurant opened today at 4:00 p.m.;
Mayor's Neighborhood Roundtable hosting candidate forum at the Chipman Center on
April 25, 2000 at 7:00 p.m.; and
budget to be ready for submission to the City Council by Friday, April 14, 2000.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. Robert Taylor inquired on the following: 1) areas in which domiciliary care facilities would be allowed; and 2) rates charged to urban services district and how much money comes back to the City. Mr. Trader inquired on the total cost of the marina restaurant parking lot. Ms. Siggers thanked Public Works and Administration for the water fountain installed at Waterside Playground.

With no further discussion, the regular session adjourned at 8:59 p.m. and Council convened in a closed session.

TIME & PLACE: 8:59 p.m., Room 301 - City/County Government Building
PURPOSE: Personnel matter (Public Works Director position)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
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

At 8:59 p.m., in Room 301 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session for the purpose of discussing the Public Works Director position (employment agreement terms) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Gillis seconded and the vote was unanimous.

Executive Officer John Pick related the proposed terms of the employment offer for the Director of Public Works. After discussion, the Council, as a consensus, agreed with the terms as outlined.

On a motion by Ms. Siggers and seconded by Mr. Gillis, the closed session adjourned at 9:13 p.m.

TIME & PLACE: 8:10 a.m., Room 302 - City/County Government Building
PURPOSE: Personnel matter/consult with counsel on Temporary Restraining Order
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(ii)and 10-508(a)(7)
PRESENT: 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, Attorney Andy Mitchell

At 8:10 a.m. in Room 302 of the City/County Government Building, Mr. Himelright moved to convene in Closed Executive Session to discuss a personnel matter (Temporary Restraining Order) with counsel as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(ii) and 10-508(a)(7). Ms. Siggers seconded and the vote was unanimous.

Mr. Mitchell apprised the City Council of the issues to date and provided a recommendation for Council to consider. After discussion, the Council, as a consensus, gave direction to Mr. Mitchell on how to proceed in this matter.

City Clerk

Council President