CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES JANUARY 24, 2000 MEETING #2

PRESENT

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

IN ATTENDANCE

ABSENT

CONVENING - APPROVAL OF MINUTES - JANUARY 10, 2000

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.

On a motion by Mr. Stacey and seconded by Ms. Siggers, the minutes of January 10, 2000 were unanimously approved.

APPROVAL OF SPECIAL MEETING MINUTES OF JANUARY 18, 2000

Upon a motion by Mr. Stacey and seconded by Mr. Himelright, the Special Meeting minutes of January 18, 2000 were unanimously approved.

CERTIFICATES OF APPRECIATION

Certificates of Appreciation were issued to the following individuals by Mayor Barrie Tilghman for volunteering their time and assistance in making improvements to the Newton Tot Lot:

		Members of SAPOA		Salisbury State University Students
		Donnie Williams>		Kim Nelson               Joseph Paustman
		Jim Howard			Michelle Detwiler	Tanishia Delapara
		Nelson Malone			Jeremy Bosley		James Howard
		Bob Gladden			Rebecca Mason		Ryan Nicholson
						Ian Northrup

ORDINANCE NO. 1746 - 2ND READING - AMENDING CHAPTER 1.08 OF THE City Codes, BOARD OF SUPERVISORS OF ELECTIONS, TO CONFORM WITH THE CHARTER AND CURRENT PROCEDURES

Mr. Himelright moved and Mr. Stacey seconded to approve Ordinance No. 1746 to bring it on the floor for discussion. City Solicitor Paul Wilber presented Ordinance No. 1746 amending Chapter 1.08 of the City Codes to coordinate with the Charter and current election procedures as recommended by Ms. Judy Ritter, Election Director for the Wicomico County Board of Supervisors of Elections.

Ordinance No. 1746 for second reading passed unanimously.

ORDINANCE NO. 1747 - 2ND READING - PROVIDING FOR A BALLOT QUESTION ON CHANGING FROM A MAYOR-COUNCIL FORM OF GOVERNMENT TO A COUNCIL- MANAGER FORM OF GOVERNMENT IF THE CHARTER AMENDMENT RESOLUTIONS FOR SUCH CHANGE ARE NOT TAKEN TO REFERENDUM ELECTION BY A PETITION

Mr. Stacey moved and Mr. Himelright seconded to approve Ordinance No. 1747 to bring it on the floor for discussion. Ordinance No. 1747, as briefed by City Solicitor Paul Wilber, provides for a non-binding ballot question, changing to Council-Manager form of government, on the 2000 general election ballot in the event Resolution Nos. 682, 683, 685 and 686 are not successfully petitioned to referendum.

Ms. Siggers expressed that she was confident the petition would be successful, but if not, this was further assurance that the public's voice would be heard. Mr. Cannon reported that the process for verifying the petition signatures will cost the City more than $2,000.

After further discussing binding vs. non-binding referendum and the particular section in the State law addressing this issue, Ordinance No. 1747 for second reading passed unanimously.

ORDINANCE NO. 1748 - 1ST READING - AMENDING CHAPTER 17.04 OF THE City Codes RELATING TO GROUP DOMICILIARY CARE FACILITIES

Mr. Himelright moved to table Ordinance No. 1748 until the next Council meeting since the Planning Commission's meeting addressing this matter was canceled due to the weather. On a second by Mr. Stacey, Ordinance No. 1748 was unanimously tabled.

ORDINANCE NO. 1749 - 1ST READING - AMENDING CHAPTER 1.12, CITY CAMPAIGN FINANCE, OF THE SALISBURY MUNICIPAL CODE

Ms. Siggers moved and Mr. Himelright seconded to approve Ordinance No. 1749 to bring it on the floor for discussion. City Solicitor Paul Wilber introduced Ordinance No. 1749 amending Chapter 1.12 of the City Codes pertaining to Campaign Finance. The revisions were requested by the City Clerk to address questions generated by past elections. These revisions include:

1.12.010, Section A - to include the addition of personal contributions, loans and monies;
1.12.030 - add Section E to include that the provisions also apply to unsuccessful candidates;
1.12.050, Section A - Mr. Wilber pointed out a correction - weekends and holidays to be excluded rather than included in the late filing computations;
1.12.050, Section B - included that the treasurer is also responsible for any fine assessed for late filing; and
1.12.070 - corrected name of City of Salisbury Election Board.

Mr. Himelright initiated a discussion concerning the final financial disclosure as required in Section 1.12.030B, including whether the account should have a zero balance at the time the final report is filed, extending the time frame for the final report or providing for subsequent reports until a zero balance is obtained.

Ms. Siggers moved to table Ordinance No. 1749. Mr. Himelright seconded and the vote was unanimous. The Ordinance will be brought back at the next Council meeting. In the meantime, Mr. Cannon requested the City Clerk, the City Solicitor, and the Executive Officer to contact the Maryland Municipal League and other municipalities for guidance on this issue. Mr. Himelright requested that the authority line (i.e., authority by treasurer) be addressed as well.

RESOLUTION NO. 692 - CHARTER AMENDMENT REPEALING SC20-2, PERSONAL INTERESTS, AND AMENDING THE CHARTER TO CREATE AN ETHICS COMMISSION

Mr. Himelright moved and Mr. Stacey seconded to approve Resolution No. 692 to bring it on the floor for discussion. City Solicitor Paul Wilber introduced Resolution No. 692 repealing SC20-2, Personal Interests, of the Charter and amending that section to only include the creation of an Ethics Commission. The duties, rules and regulations of the Commission would be set forth in the City Codes. This was a recommendation of the Charter Review Committee to prevent an overlap or conflict between the Code and Charter.

After further discussion, Resolution No. 692 passed unanimously.

ORDINANCE NO. 1750 - 1ST READING - AMENDING CHAPTER 2.04 OF THE City Codes, ETHICS

Mr. Himelright moved and Mr. Stacy seconded to approve Ordinance No. 1750 to bring it on the floor for discussion. Ordinance No. 1750, as highlighted by City Solicitor Paul Wilber, amends Chapter 2.04, Ethics, of the City Codes incorporating the Charter Review Committee's recommendations in 2.04.030, Conflicts of Interest:

Section A - amended to reflect that officials and employees, except where the interest is disclosed and does not create a conflict of interest, shall not participate on behalf of the city in the decision- making process on any matter which would to their knowledge have a direct financial impact on them, their spouse or lineal descendant, parent, grandparent, siblings or business entity in which they are affiliated;

Section D - included verbiage to reflect that outside employment would not conflict with the person's full time city employment as determined by the Ethics Commission;
Section H - eliminated use the prestige of their office and inserted use their position;
Section I - included that officials and employees shall not disclose confidential information.

Mr. Stacey pointed out a typo in 2.04.050B included should be changed to include.

Mr. Robert Ryan inquired if there was an appeal process to the Ethics Commission decision provided in the Ordinance. Mr. Cannon asked the City Solicitor to check on this issue before the second reading to determine if an appeal process should be added to the Ordinance.

Mr. Robert Caldwell recalled a provision that prohibited any Councilmember with greater than 5% ownership in a company from doing business with the City and asked if that provision was now being eliminated. Mr. Wilber related that the 5% provision is not in the current Code.

Ms. Siggers expressed that she wanted an Ethics Commission, but there were areas of uncertainty in the Ordinance and, therefore, she would not vote in favor of it. After further discussion, all voted in favor of Ordinance No. 1750 for first reading with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 693 - CHARTER AMENDMENT PROVIDING FOR REVISIONS TO THE PURCHASING DEPARTMENT SECTIONS

Mr. Himelright moved and Mr. Stacey seconded to approve Resolution No. 693 to bring it on the floor for discussion. City Solicitor briefed Council on Resolution No. 693 providing for the following revisions to Article XVI, Purchases and Sales; City Property Inventory, of the Charter:

changing Purchasing Agent to Director of Procurement throughout the entire Article and making gender neutral;
SC16-1, Section B - changing maximum amount of direct purchase from $200 to the maximum direct purchase amount set by the Resolution of the Council from time to time;
SC16-2, Section D - deleting and renumbering following sections;
SC16-3, Section A2 - changing any single purchase or sale not exceeding $200 to $400;
SC16-3, Section A8 - changing $1,500 to $3,500;
SC16-3-Section A9 - adding this section to include contracts in which the City receives a contract price negotiated by the State, County or other governmental entity pursuant to a valid contract;
SC16-4 - changing amount for informal bidding procedures from $15,000 to $25,000 and adding a new paragraph to reflect that Council approval shall only be required for unbudgeted capital items and contracts in excess of $100,000; and
SC16-8 - adding on the first line, after city property, the following: listed on the city's capital assets inventory.

In response to Mr. Stacey's question concerning the Board of Standardization and whether amounts should be included, Mrs. Turner acknowledged that the Resolution was appropriate as written.

Mr. Stacey pointed out a typo in SC16-10, fourth line (convered) which should be corrected to read converted. Mr. Caldwell suggested removing the dollar amounts from the Charter and placing them into the Code.

Mr. Himelright moved and Mr. Stacey seconded to table Resolution No. 693 in order for the City Solicitor to review the areas containing dollar amounts. Resolution No. 693 was tabled by a unanimous vote.

ORDINANCE NO. 1751 - 1st READING - AMENDING CHAPTER 2.32 OF THE City Codes, PURCHASES AND SALES

Mr. Himelright moved and Mr. Stacey seconded to approve Ordinance No. 1751 to bring it on the floor for discussion. Ordinance No. 1751, as introduced by City Solicitor Paul Wilber, amends Chapter 2.32 of the City Codes to coordinate with the Charter and current purchasing procedures. Mr. Wilber reported that the main changes were included in 2.32.050, Procedures for Bidding.

Mr. Himelright moved and Mr. Stacey seconded to table Ordinance No. 1751 in order for Mr. Wilber to incorporate the changes from Resolution No. 693 into the Code. By a unanimous vote, Ordinance No. 1751 was tabled.

RESOLUTION NO. 694 - REAPPOINTMENT TO THE CITY OF SALISBURY ELECTION BOARD

Mr. Himelright moved and Ms. Siggers seconded to approve Resolution No. 694 to bring it on the floor for discussion. Mayor Tilghman recommended the reappointment of Ms. Shirley Ringgold to a six-year term to the City of Salisbury Election Board expiring January 31, 2004. Resolution No. 694 passed unanimously.

AWARD OF BIDS

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

• Declaration of Surplus . . . . . . . . . . . . . . . . . . . .-0-
  
• Rock Drill (001-2250-525.70-30; Unbudgeted Capital)
  Siems Rental & Sales . . . . . . . . . . . . . . . . . $ 1,229.00
  
• Replacement Parts for Pumps #2 & #4 (601-4101-533.70-30; Overbudget)
  Potter & Parsons . . . . . . . . . . . . . . . . . . . $ 9,416.00
  
• Professional Services (001-1701-515.33-01)
  Paul D. Wilber . . . . . . . . . . . . . . . . . . . . $13,872.79

Upon a motion by Mr. Himelright and seconded by Mr. Stacey, the above items were unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

• Wednesday, January 26 - attending Academy of Excellence course on Local Government Ethics;
  
• meetings with SSU representatives to discuss housing project; and
  
• Donnie Drewer to attend the Mayor's Neighborhood Roundtable meeting next month to discuss the Rt. 13 median strip project.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. Jack Powell distributed a memo requesting a ruling from the City's Ethics Commission on whether it was ethically right for one branch of government to eliminate another without that branch's initiation or agreement.

Ms. Julia Hancock requested information on the circumstances of Mr. Jack Powell's meeting with William Donald Schaffer.

Mr. Robert Ryan requested that Charter amendments and ordinances be formatted so it would be easier to determine what changes are being made.

Mr. Robert Taylor suggested that more proposed ordinances be included on the web site. Mr. Taylor also commented on a newspaper article involving a former employee and mentioned an upcoming similar case concerning Baltimore City which should produce authority on confidentiality agreements. In Mr. Taylor's opinion, all of the minutes concerning the former employee should be made public. Mr. Taylor inquired on the status of the employee. However, Mayor Tilghman would not discuss it on the advice of the City Solicitor because it was a personnel matter.

Ms. Siggers suggested that Council have an overhead projector during Council meetings so the public could follow along on the proposed ordinances and resolutions.

Mr. Stacey mentioned that he would like the City Solicitor to check on whether the minutes involving the former employee should be made public in order to put the issue to rest and commented on the delivery of Council's Briefing Books.

With no further business, the meeting adjourned at 8:54 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION JANUARY 31, 2000

TIME & PLACE: 10:55 a.m.; Room 301 - City/County Government Building
PURPOSE: Personnel matter concerning allegations made to Councilmembers involving a City department and to consult with the City Solicitor regarding a temporary restraining order imposed upon the City concerning a former employee
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(i)(ii) and 10-508(a)(7)
PRESENT: Mayor Barrie Tilghman (left at 12:15 p.m.), Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Bill Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber and Human Resources Director Ed Cox (left at 12:15 p.m.)

At 10:55 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 concerning allegations made to Councilmembers involving a City department and to consult with the City Solicitor regarding a temporary restraining order as permitted under the Annotated Code of Maryland Sections 10-508(a)(i)(ii) and 10-508(a)(7). Mr. Himelright seconded and the vote was unanimous.

The allegations contained in the report relating to the City department and Mayor Tilghman's proposed course of action were discussed. Mr. Wilber gave a briefing on the temporary restraining order. After further discussion, Council instructed Mr. Wilber on how to proceed on both issues.

At 1:00 p.m., Mr. Stacey moved to adjourn the closed meeting. Mr. Himelright seconded and the vote was unanimous.

TIME & PLACE: 1:10 p.m., Room 301 - City/County Government Building
PURPOSE: Potential acquisition of property for new fire station
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick and City Solicitor Paul Wilber
ABSENT: Councilman Palmer Gillis

At 1:10 p.m. in Room 301 of the City/County Government Building, Mr. Himelright moved to convene in Closed Executive Session to discuss the potential acquisition of property for a new fire station as permitted under the Annotated Code of Maryland Section 10-508(a)(3). Mr. Stacey seconded and the vote was unanimous.

City Solicitor Paul Wilber apprised Council of his conversation with the attorney representing the property owner. After discussion, Council directed Mr. Wilber to proceed upon the condition of an acceptable feasibility study.

At 1:30 p.m., Council adjourned the closed session upon a unanimous vote and reconvened in open session.

City Clerk

Council President