#15 MEETING                                                                                                                                     JULY 24, 2000

Mayor Barrie P. Tilghman                                                                                                    Council President C. T. Webster
Council Vice President Joseph L. Scott                                                                                Councilwoman Rachel S. Polk
Councilman William Stacey

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Al Webster, Fire Chief William Higgins, Acting Finance Director Shirley Foreman, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, PW Director John Jacobs, and interested Citizens and Members of the Press.

Councilwoman Lavonzella Siggers **********************************************************************************************
CONVENING - ADOPTION OF AGENDA

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Webster called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.

Upon a motion by Mrs. Polk and seconded by Mr. Stacey, the agenda was unanimously adopted as presented.

APPROVAL OF MINUTES FOR JULY 10, 2000

On a motion by Mr. Scott and seconded by Mrs. Polk, the minutes of July 10, 2000 were unanimously approved.

ORDINANCE NO 1774 - 2ND READING - TEXT AMENDMENT - INCREASE IN MAXIMUM BUILDING HEIGHT IN THE NEIGHBORHOOD BUSINESS AND R-5A, R-8A AND R-10A RESIDENTIAL DISTRICTS

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1774 to bring it on the floor for discussion. Planning & Zoning Planner Gloria Smith presented Ordinance No. 1774 amending Sections 17.32.060C and 17.160.060C1 by increasing the maximum building height permitted in the Neighborhood Business and R-5A, R-8A and R-10A Residential Districts from thirty-five to forty feet.

Ordinance No. 1774 for second reading passed unanimously.

ORDINANCE NO. 1775 - 1ST READING - BUDGET AMENDMENT - LOCAL GOVERNMENT INSURANCE TRUST SAFETY GRANT TO POLICE DEPARTMENT

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1775 to bring it on the floor for discussion. Police Chief Al Webster introduced Ordinance No. 1775 as a FY01 budget amendment depositing $1,110 in safety grant funds awarded through the Local Government Insurance Trust. The funds will be used to purchase chemical spray and belt holders.

Ordinance No. 1775 for first reading passed unanimously.

ORDINANCE NO. 1776 - 1ST READING - BUDGET AMENDMENT - STATE GRANT (RAAM - REDUCE AVAILABILITY OF ALCOHOL TO MINORS) AWARDED THROUGH THE GOVERNOR'S OFFICE OF CRIME CONTROL & PREVENTION

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1776 to bring it on the floor for discussion. Ordinance No. 1776, as introduced by Police Chief Al Webster, amends the FY01 budget by depositing $3,500 in State grant funds awarded through the Governor's Office of Crime Control and Prevention. The RAAM grant will provide for overtime reimbursement to enhance law enforcement efforts in decreasing the availability of alcohol to minors.

Ordinance No. 1776 for first reading passed unanimously.

RESOLUTION NO 721 - APPOINTMENT TO BOARD OF ZONING APPEALS

Mr. Stacey moved and Mr. Scott seconded to approve Resolution No. 721 to bring it on the floor for discussion. Mayor Tilghman recommended the appointment of Thomas W. Arceneaux, Sr. to serve on the Board of Zoning Appeals until October 2002. Mr. Arceneaux is a City resident and previously served as an alternate member on the Board.

Resolution No. 721 was unanimously approved.

RESOLUTION NO. 722 - JOHNSON ROAD/LANK PROPERTY ANNEXATION

Mr. Stacey moved and Mrs. Polk seconded to approve Resolution No. 722 to bring it on the floor for discussion. City Solicitor Paul Wilber introduced Resolution No. 722 proposing the annexation of approximately nine acres located on the north side of Johnson Road. The property will be zoned R-8A Residential upon annexation into the City. Development plans include a twenty-seven lot subdivision with fifty-four semi-detached dwelling units.

A public hearing on the proposed annexation will be held on August 28, 2000 in Council Chambers. A public notice advertising the hearing will be published in The Daily Times for four consecutive weeks.

After a brief discussion, Resolution No. 722 passed unanimously.

REQUESTS FOR ANNEXATION - PEMBERTON DRIVE/BAILEY PROPERTY AND SOUTH DIVISION STREET/CLOVERLAND FARMS

Director of Public Works John Jacobs briefed Council on the following requests for annexation:

Pemberton Drive/Bailey Property
The property, located on the southerly side of Pemberton Drive and east of and adjacent to the Harbor Pointe development, is owned by Robert F. and Janice D. Bailey. It contains approximately 19.1 acres with a Royal Farms convenience store. The property will be zoned R-5A Residential upon annexation into the City. Development plans include eighty-four semi- detached dwelling units similar to Schumaker Manor.

South Division Street/Cloverland Farms
Cloverland Farms requested annexation of approximately 1.03 acres of property located on the southerly side of South Division Street and Dykes Road. Upon annexation into the City, the property will be zoned Neighborhood Business.

Mr. Vic Laws, representing Cloverland Farms, mentioned that the personal property tax was not taken into consideration in the cost/benefit analysis. If included, it would provide a more positive cash flow.

Council, as a consensus, agreed to move forward with an annexation resolution for both properties.

PUBLIC HEARING - LAW ENFORCEMENT BLOCK GRANT

Police Chief Al Webster reported that the Law Enforcement Block Grant award was $123,000 with the City's match of $13,691. This is the fourth year the Police Department has received this grant. Proposed uses for the grant include: 1) upgrade to current AS400 system; 2) enhancement to mobile communication system; 3) enhancement to departmental Internet site; 4) upgrade of laptops/desktop computers; and 5) scanning technology.

APPROVAL OF RECLASSIFICATION OF WASTEWATER TREATMENT PLAN OPERATORS

Executive Officer John Pick provided an overview of the recommendation to reclassify the wastewater treatment plant operator positions. The Operator II classification (pay grade 10) was overlooked during the FY01 budget preparation. Mr. Pick noted that there was only one individual who qualified for the Operator II classification. The reclassification has no impact on the budget.

Council unanimously approved the reclassification as requested.

APPROVAL OF LEASE TO THE MARCH OF DIMES FOR THE "BEST OF EASTERN SHORE" PARTY

Mrs. Polk moved and Mr. Stacey seconded to approve the March of Dimes lease to bring it on the floor for discussion. Executive Officer John Pick presented the March of Dimes request to lease city-owned land adjacent to the Marina for their "Best of the Eastern Shore" party. The event is scheduled for Thursday, September 24, 2000, but the lease will run for six days to provide sufficient time to set up the tent prior to the event and to be taken down afterward. A permit will be granted by the Mayor to allow the consumption of alcoholic beverages in conjunction with the event.

After a brief discussion, the City Council unanimously approved the lease agreement to the March of Dimes for the "Best of Eastern Shore" party.

AWARD OF BIDS

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

1.     Professional Services (001-1701-515.33-01)
        Paul D. Wilber . . . . . . . . . . . . . . . . .$ 11,075.97
2.     Contract No. 106-00 City-wide Cleaning Services (various accounts)
        JMS Commercial Services . . . . . . . . . . . . .$ 25,049.86
3.     Emergency Work on Fitzwater Street Manhole (to be determined)
        American Paving . . . . . . . . . . . . . . . . .+$58,110.00
4.     Contract No. 9-01-BT Blacktop Program (001-3205-532.43-06)
        I.A. Construction . . . . . . . . . . . . . . . .$237,850.00

Upon a motion by Mr. Stacey and seconded by Mrs. Polk, items 1 through 4 were unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following issues:

•  Mayor's Neighborhood Roundtable moving forward with initiatives for the neighborhoods in the city; and
•  meeting in Annapolis on Tuesday, July 25, 2000 to address university housing problems.

Councilmembers commented on the large turnout in attendance.

PUBLIC COMMENTS
 

• Mr. James Trader inquired on the status of the EPA's recommendation concerning the "Pay As You Throw"             program.
• Mr. Robert Taylor suggested that the property owner requesting annexation should pay for the costs of annexing. Mr. Taylor also inquired on the amount of the Maryland Municipal League dues.
• Mrs. Julia Hancock expressed her concern with the Monday rubbish collection and the lack of recycling efforts.
• Mrs. Carolyn Hall presented photos of properties on Smith Street which were in deplorable condition.
• Mr. Mark Filippelli, on behalf of the volunteers at Fire Stations #1 and #2, read a prepared statement regarding the allegations involving the operations and administration of the Salisbury Fire Department. Councilman Stacey related that the Fire Department matter had been given to the Mayor to investigate. Additional comments on this issue were received from Council President Webster, Mrs. Julia Hancock, Rev. Harvey Dixon and Mrs. Carolyn Hall.

City Solicitor Paul Wilber briefed Council on Admiral, Inc.'s request for a refund of the amount they paid for pretreatment fees and penalties since 1994 (totaling over $15,000), plus interest. Admiral, Inc. had mistakenly been paying the bill until the error came to light last year. Linens of the Week should have been billed instead of Admiral, Inc. Acting Finance Director Shirley Foreman recommended that the City refund $7,500 to Admiral, Inc. without interest based upon Sections 3.04.020 and 3.04.060 of the Code regarding claims for refunds. Mr. Wilber pointed out that collection is being pursued through Linens of the Week. He opined that, if the City is successful in recovering the monies from Linens of the Week, a refund should be given to Admiral, Inc. with some deduction for administrative cost.

Mr. Todd Bailey, President of Admiral, Inc., acknowledged that his company paid the bills and assumed they were correct. Based upon Sections 9-710 of the Annotated Code of Maryland dealing with refunds sought for fees, charges and interest erroneously paid to a municipal corporation, Mr. Bailey calculated a reimbursement figure of $23,187.82.

Mr. Stacey moved to refund $7,500 plus interest, but no second was received. After further discussion, Mrs. Polk moved and Mr. Stacey seconded to refund $7,500 to Admiral, Inc., subject to further research on the interest issue in State law by the City Solicitor. All voted in favor with the exception of Mr. Scott who voted nay.

With no further business, the regular meeting adjourned at 9:13 p.m.
 

TIME & PLACE:         9:13 p.m., Room 301 - City/County Government Building
PURPOSE:                  Personnel issues
VOTE TO CLOSE:     Unanimous
CITATION:                 Annotated Code of Maryland Section 10-508(a)(1)
PRESENT:                   Mayor Barrie Tilghman, Council President C. T. Webster, Council Vice President Joseph Scott,
                                    Councilwoman Rachel Polk, Councilman William Stacey, City Clerk Brenda Colegrove, Executive
                                    Officer John Pick
ABSENT:                    Councilwoman Lavonzella Siggers **********************************************************************************************
At 9:13 p.m. in Room 301 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session to discuss personnel issues involving the Finance Director position, Assistant City Clerk position, and Fire Department as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.

A consensus was reached on the employment offer for the Finance Director. After discussing the Assistant City Clerk position and the Fire Department issue, the closed session adjourned at 10:00 p.m. upon a motion by Mrs. Polk and seconded by Mr. Scott.
 

TIME & PLACE:         5:55 p.m., Room 302 - City/County Government Building
PURPOSE:                  Personnel issues/consult with legal counsel
VOTE TO CLOSE:     3-1 (Councilman Webster absent during the vote to close)
CITATION:                Annotated Code of Maryland Section 10-508(a)(1)(7)
PRESENT:                  Mayor Barrie Tilghman, Council President Lavonzella Siggers, Council Vice President Joseph Scott,
                                   Councilwoman Rachel Polk, Councilman William Stacey, Councilman C. T. Webster, City Clerk
                                   Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Human Resources
                                   Director Ed Cox
***********************************************************************************************
At 5:55 p.m. in Room 302 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session for the purpose of discussing personnel issues and to consult with legal counsel involving the matters involving the Salisbury Fire Department as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mrs. Polk seconded the motion.

Mrs. Polk, Ms. Siggers and Mr. Scott voted aye and Mr. Stacey voted nay. Mr. Webster was not present during the vote to close (arrived 6:10 p.m.).

Mayor Tilghman provided a status report of her review of the concerns relating to the Salisbury Fire Department with further input from Messrs. Cox, Pick and Wilber. After discussion, a consensus was reached by the Council and guidance provided to the Mayor on how to proceed on this issue.

Upon a motion by Mr. Stacey and seconded by Mrs. Polk, the closed session adjourned at 7:30 p.m.
 

City Clerk

Council President