CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES FEBRUARY 28, 2000 MEETING #4

PRESENT

Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman William Stacey

IN ATTENDANCE

ABSENT

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Cannon called the meeting to order and recognized the scouts from Elks Troop #817 who were attending the Council meeting earning credits for their Citizenship in the Community Merit Badge. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.

Ms. Siggers moved and Mr. Stacey seconded to approve the minutes of February 14, 2000 to bring them on the floor for discussion. Ms. Siggers moved to amend page six of the minutes to incorporate her additional comments in reference to the University Park Housing Complex discussion, but the motion died for lack of a second.

All voted in favor of the February 14, 2000 minutes as presented with the exception of Ms. Siggers who voted nay.

CERTIFICATES OF APPRECIATION

Members of the Fire Master Plan Study Committee were presented with Certificates of Appreciation by Council President Robert Cannon for volunteering their time and assistance in serving on the committee. Those members in attendance included Tom Lewis, Jerry Bennett, Gilbert Pusey, Fulton Bagwell, David Walston, Gary Comegys, Wayne K. Morris and Norman Holland. Committee members Corinne LesCallette, Christian Peek and Kris Hughes were unable to attend.

RESOLUTION NO. 690 - ACCEPTING GIFT OF A TRUCK FROM PEPSI COLA COMPANY TO BE USED FOR HAZARDOUS MATERIALS RESPONSE TEAM

Mr. Himelright moved and Ms. Siggers seconded to approve Resolution No. 690 to bring it on the floor for discussion. Fire Chief William Higgins addressed Resolution No. 690 accepting the gift of a 1983 International truck from the Pepsi Cola Company to be used for the Hazard Materials Unit.

After a brief discussion, Resolution No. 690 was unanimously approved.

ORDINANCE NO. 1753 - 1ST READING - FY00 BUDGET AMENDMENT - REHABILITATION OF HAZARDOUS MATERIALS RESPONSE VEHICLE

Ms. Siggers moved and Mr. Himelright seconded to approve Ordinance No. 1753 to bring it on the floor for discussion. Fire Chief William Higgins introduced Ordinance No. 1753 as a budget amendment incorporating into the budget the County's two-thirds portion for the repair costs on the 1983 truck donated by Pepsi Cola. The County will pay $6,666.66 of the $10,000 with the City paying $3,333.34.

Ordinance No. 1753 for first reading passed unanimously.

Executive Officer John Pick requested Council's concurrence to transfer the City's portion from the Contingency Fund. Mr. Himelright voiced his preference to take the funds from within the Fire Department budget if money was available. Chief Higgins thought there were sufficient funds if he took money from various accounts.

ORDINANCE NO. 1750 - AMENDING CHAPTER 2.04 OF THE City Codes - ETHICS - TO OVERRIDE MAYOR'S VETO

Mr. Stacey moved and Mr. Himelright seconded to add Ordinance No. 1750, Ethics, to the agenda as an emergency item to override the Mayor's veto. All voted in favor with the exception of Ms. Siggers who voted nay. Mr. Stacey moved and Mr. Himelright seconded to approve Ordinance No. 1750 to bring it on the floor for discussion.

Mr. Pick acknowledged that Council had received the Mayor's reasons for vetoing the ordinance and her suggestions for strengthening or changing it.

Mr. Gillis had made a statement to a newspaper reporter that he was not going to override the veto. However, he changed his mind because he believed Mayor Tilghman's letter was unresponsive to the issue. In his opinion, the ordinance was a substantial strengthening of the Ethics Code and clarity of the rules. Therefore, he would be voting in favor of overriding the veto.

With no further discussion, all voted in favor of Ordinance No. 1750 to override the Mayor's veto with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 695 - NAYLOR MILL ROAD/DAVIS PROPERTY ANNEXATION - PARCEL ON THE NORTH SIDE OF W. NAYLOR MILL ROAD BETWEEN SCENIC DRIVE AND GODDARD PARKWAY

Mr. Stacey moved and Mr. Himelright seconded to approve Resolution No. 695 to bring it on the floor for discussion. City Solicitor Paul Wilber introduced Resolution No. 695 proposing to annex 3.8559 acres located on the north side of W. Naylor Mill Road between Scenic Drive and Goddard Parkway. The area will be zoned Light Industrial upon annexation into the City. The project value is estimated at $1.6 million producing tax revenue of $10,562 per year.

Mr. Gillis voiced his concern with the length of time taken with this annexation. Mr. Stacey hoped that Mr. Gillis, before he left office, would make recommendations to the City to improve the process.

With no further discussion, Resolution No. 695 passed unanimously.

RESOLUTION NO. 696 - ESTABLISHING RESIDENTIAL PARKING DISTRICT ON POPLAR HILL AVENUE

Resolution No. 696 was pulled from the agenda and will be placed on the March 13, 2000 agenda.

AWARD OF BIDS

The following items were presented for approval by Executive Officer John Pick:

1. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
2. Professional Services (601-3801-531.33-01)
McGuire Woods Battle & Boothe . . . . . . . . . . . . . . . . . . . . . . . . . .$ 3,227.00
3. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,895.07
4. Lighting Fixtures for Marina Parking Lot (101-3220-532.70-38)
E. D. Supply Co., Inc. (Hadco) . . . . . . . . . . . . . . . . . . . . . . . . . .$ 37,227.30
5. Professional Services - Garage Extension (101-3220-532.30-20)
Timothy Haahs & Associates, Inc.. . . . . . . . . . . . . . . . . . . . . . . . $100,000.00

A discussion ensued concerning the restriping of the current garage and number of spaces gained, source of funding for the extension, and the high cost of the design phase. Upon a motion by Ms. Siggers and seconded by Mr. Stacey, item #5 was unanimously tabled in order to obtain further information from Mrs. Carol Turner. Items 1-4 were unanimously approved.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. James Trader requested a copy of the Traffic Commission report. Mr. Robert Taylor inquired on the status of the water and sewer extension policy and encouraged the candidates for City Council to attend the meetings relating to this issue.

With no further business, the meeting adjourned at 7:55 p.m.

TIME & PLACE: 9:00 a.m., Room 301 - City/County Government Building
PURPOSE: Acquiring property for new fire station
VOTE TO CLOSE: 4 - aye; 1 - abstain (Mr. Gillis)
CITATION: Annotated Code of Maryland Section 10-508(a)(3)
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 and Deputy Fire Chief Tom Lewis

At 9:00 a.m. in Room 301 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session to discuss the acquisition of property for a new fire station as permitted under the Annotated Code of Maryland Section 10-508(a)(3). Mr. Himelright seconded. All voted in favor with the exception of Mr. Gillis who abstained.

City Solicitor Paul Wilber and Deputy Fire Chief Tom Lewis gave a brief status report on the recommended parcel. Council, as a consensus, authorized Mr. Wilber to proceed with the negotiations in making an offer on the property. At 9:24 a.m., on a motion by Mr. Himelright and seconded by Ms. Siggers, Council adjourned the closed session and reconvened in open session.

TIME & PLACE: 2:10 p.m., Room 301 - City/County Government Building
PURPOSE: Consult with counsel on a legal issue
VOTE TO CLOSE: 3 - aye; 1 - abstain (Mr. Gillis)
Ms. Siggers was not present during the vote to close.
CITATION: Annotated Code of Maryland Section 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, Attorney David Douse

At 2:10 p;.m. in Room 301 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session to obtain advice on a legal matter (EPA issue) as permitted under the Annotated Code of Maryland Section 10-508(a)(7). Mr. Himelright seconded. Messrs. Himelright, Stacey and Cannon voted aye. Mr. Gillis abstained. Ms. Siggers arrived after the vote to close.

Mr. Douse gave a briefing on the status of the case and advised that the attorney representing the City was willing to appeal to the next level on a pro bono basis. After discussion, Council, as a consensus, gave authorization for the attorney to proceed on a pro bono basis (except for fees/costs for filing appeal).

At 2:14 p.m., upon a motion by Mr. Himelright and seconded by Mr. Stacey, Council adjourned the closed session and reconvened in open session.

TIME & PLACE: 3:25 p.m., Room 301 - City/County Government Building
PURPOSE: Personnel matter - Executive Officer contract
VOTE TO CLOSE: 4 - aye; 1 - abstain (Mr. Gillis)
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)(ii)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman William Stacey, City Clerk Brenda Colegrove

At 3:25 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 Executive Officer's contract as permitted under the Annotated Code of Maryland Section 10-508(a)(i)(ii). Mr. Himelright seconded. All voted in favor with the exception of Mr. Gillis who abstained.

After discussion of the issues of concern, Mr. Himelright moved and Ms. Siggers seconded to adjourn the closed session at 3:44 p.m. and reconvene in open session.

City Clerk

Council President