CITY COUNCIL MEETING MINUTES JUNE 12, 2000 MEETING #12

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

* arrived 7:30 p.m.

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.

On a motion by Mr. Scott and seconded by Mrs. Polk, the minutes of May 22, 2000 were unanimously approved.

COUNCIL PRESIDENT'S COMMENTS

Council President Webster indicated he would spearhead efforts to provide a workable recyclable program and to restore twice a week garbage pick up. He requested the City Attorney to draft legislation for twice a week trash collection for discussion at the June 26, 2000 Council meeting.

SPECIAL PRESENTATION

Councilwoman Lavonzella Siggers read the inscription on a plaque to be presented to Finance Director Roger Baskerville for his years of service (March 1979 through June 2000) to the City of Salisbury. Mr. Baskerville was unable to attend the meeting to accept the plaque.

PROCLAMATION - PROCLAIMING JUNE 14 AS FLAG DAY

On Mayor Tilghman's behalf, Councilman William Stacey read a proclamation proclaiming June 14, 2000 as "Flag Day" in the City of Salisbury.

PUBLIC HEARING - CONSTANT YIELD TAX RATE

Executive Officer John Pick addressed the Constant Yield Tax Rate. The State of Maryland calculated Salisbury's constant yield tax rate as $1.60. Since the City's current tax rate of $1.63 exceeds the calculated constant yield tax rate, a constant yield tax rate public hearing was required.

ORDINANCE NO. 1764 - 2ND READING - APPROVING FY01 BUDGET

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1764 to bring it on the floor for discussion. Executive Officer John Pick pointed out that this was an amended ordinance from the first reading presented and passed in April. Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1764, as amended for second reading, to bring it on the floor for discussion.

Mr. Webster mentioned a few items included in the Fiscal Year 2001 budget four new police officers, new Building, Housing & Zoning inspector, additional zookeeper, enhanced health insurance package for employees and a 4% increase in employees' salaries. One change which deviated from the budget deliberations was an added $2,520 in revenues to reflect the proceeds from the auction of seized and found property. The $2,520 was added to the Police Department's budget for renovations to the classroom at the firing range and to purchase physical fitness equipment.

After further discussion, Ordinance No. 1764, as amended for second reading, passed unanimously.

ORDINANCE NO. 1768 - 2ND READING - REVISING WATER AND SEWER RATES

Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1768 to bring it on the floor for discussion. Mayor Tilghman presented Ordinance No. 1768 revising the top tier of the water and sewer rental charges (customers using over 600,000 gallons per quarter). The proposed increase equals $.10 per 1,000 gallons for inside City customers and $.20 per 1,000 gallons for outside City customers, except those included in Urban Service Districts. The revenue generated by the increase in rates will be deposited into a special depreciation reserve to be used to fund the replacement of water and sewer facilities. With Council's decision last year to begin this initiative, the customers were put on notice that there would be a phase out of the third tier.

Mr. Scott and Mr. Webster expressed their concern with the increase since the City is trying to attract and retain businesses. Mrs. Polk was concerned that the current Council was not sufficiently made aware of the increase.

Ms. Siggers moved to table Ordinance No. 1768 in order to discuss it at the June 22, 2000 work session. She suggested that members of the previous Council who advocated the change be invited to the work session, as well as representatives from those businesses who would be impacted by the increase (i.e., Perdue and Pepsi). Mrs. Polk seconded the motion and Ordinance No. 1768 was unanimously tabled.

ORDINANCE NO. 1769 - 2ND READING - AMENDING CHAPTER 1.16, INFRACTIONS AND CIVIL ZONING VIOLATIONS, OF THE CODE

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1769 to bring it on the floor for discussion. City Solicitor Paul Wilber briefed Council on Ordinance No. 1769 amending Chapter 1.16 of the City Codes pertaining to penalties for misdemeanors/infractions and civil zoning violations. This was a housekeeping measure to delete the penalty for misdemeanors from the Charter and place it in the Code along with the municipal infractions penalty. Mr. Wilber pointed out that the District Court judges suggested the change to allow up to a $500 fine instead of up to a $1,000 fine and to allow up to ninety days in jail as opposed to up to six months in jail for a misdemeanor or municipal infraction.

A discussion ensued concerning collecting the legal fees incurred. Mr. Wilber reported that the City does not incur legal fees on most violations since the States Attorney handles many of the infractions. However, on housing violations, his office does represent the City in court, but there is no mechanism in the Code to collect attorneys fees. He will research the issue to determine if the judges would consider awarding the legal fees.

Ms. Siggers voiced her concern that citizens are not allowed the full opportunity to defend themselves and, therefore, preferred discussing this matter in a work session.

Ms. Siggers moved to table Ordinance No. 1769. Mr. Stacey commented that he was not in favor of tabling the ordinance for the sake of researching defendants' rights (judge vs. jury), but he was in favor of allowing the City Solicitor to research an opportunity to recover taxpayer dollars. Mrs. Polk questioned whether the penalties were listed on the citations in detail and preferred not enacting legislation without that information.

After further discussion, Ms. Siggers again moved to table Ordinance No. 1769. Mrs. Polk seconded the motion. All voted in favor to table Ordinance No. 1769 with the exception of Mr. Stacey who voted nay. This issue will be discussed at the June 22, 2000 work session.

ORDINANCE NO. 1767 - 1ST READING - ZONING TEXT AMENDMENT - AMENDING CHAPTER 17 OF THE CODE RELATING TO GROUP DOMICILIARY CARE FACILITIES

Ms. Siggers moved and Mrs. Polk seconded to approve Ordinance No. 1767 to bring it on the floor for discussion. Ordinance No. 1767, as presented to Council by City Solicitor Paul Wilber, amends Chapter 17 of the Code pertaining to group domiciliary care facilities. Mr. Wilber noted that under the old definition, group domiciliary care facilities were allowed by right in one zone and by special exception in many residential zones. This ordinance tightens up the single- family districts (R-5, R8 and R-10) by not permitting group domiciliary care facilities or group homes in those districts. In multi-family districts, they will be allowed by special exception before the Board of Zoning Appeals.

In response to Mrs. Polk and Ms. Siggers' questions, Planning & Zoning Planner Gloria Smith, reported that the St. Albans Commons project received final approval through the Planning & Zoning Commission so they would not be affected by this legislation. However, the Witness International project was affected by the moratorium.

Mr. John Hall, representing the Camden Neighborhood Association, related their opposition to the text amendment because it could impact the quality of life in their neighborhood. Mrs. Smith pointed out that the Camden neighborhood would not be impacted because they are in the R-5, R-8 and R-10 districts. Mrs. Debbie Campbell hoped that adequate input from the community was provided.

Mr. Steve Smethurst noted that under special exceptions the burden is placed upon those opposing the project and is very difficult to prove. He suggested including special language in the ordinance to level the playing field.

Mr. Robert Taylor questioned the lack of media coverage on this matter and suggested that the City Solicitor prepare a summary on the proposed legislation.

Mayor Tilghman believed that legal counsel had done what they could within the restrictions of the law and was a step in the right direction in preserving the integrity of the single-family districts. Ms. Siggers acknowledged that she had not reviewed the proposed ordinance thoroughly, so she would be abstaining from voting.

After further discussion, Mrs. Polk, Mr. Scott and Mr. Webster voted in favor of Ordinance No. 1767 for first reading. Mr. Stacey voted nay and Ms. Siggers abstained.

ORDINANCE NO. 1770 - 1ST READING - BUDGET AMENDMENT - PROVIDING FOR THE DEPOSIT OF LOCAL GOVERNMENT INSURANCE TRUST CLAIMS CHECK AND PROVIDING REMAINING BALANCE TO PURCHASE AMBULANCE REPLACEMENT

Mr. Scott moved and Mr. Stacey seconded to approve Ordinance No. 1770 to bring it on the floor for discussion. Ordinance No. 1770, as introduced by Fire Chief William Higgins, amends the Fiscal Year 2000 budget to provide for the deposit of Local Government Insurance Trust claims check ($79,810) and to provide for the remaining balance to purchase an ambulance replacement ($8,111 from EMS account).

After a brief discussion, Ordinance No. 1770 for first reading passed unanimously.

RESOLUTION NO. 717 - ENTERPRISE ZONE ELIGIBILITY - WILMINGTON TRUST CO.

Ms. Siggers moved and Mr. Stacey seconded to approve Resolution No. 717 to bring it on the floor for discussion. Executive Officer John Pick introduced Wilmington Trust Co.'s request for Enterprise Zone benefits for their facility located at 100 N. Division Street.

Resolution No. 717 was unanimously approved.

RESOLUTION NO. 718 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION

Mr. Stacey moved and Ms. Siggers seconded to approve Resolution No. 718 to bring it on the floor for discussion. Mayor Tilghman recommended the appointment of Robert A. Reading II to the Historic District Commission.

Resolution No. 718 passed unanimously.

MANUFACTURING EXEMPTION REQUEST - PB WIRE FORMS, INC.

Mr. Stacey moved and Mrs. Polk seconded to bring the manufacturing exemption request of PB Wire Forms, Inc. on the floor for discussion. Executive Officer John Pick presented PB Wire Forms, Inc.'s request for a manufacturing exemption on equipment purchased in calendar year 1998. A five-year exemption was recommended on 1998 manufacturing equipment beginning with tax year July 1, 1999 to June 30, 2000. The exemption equates to approximately $8,949 over the next five years.

Mr. Scott questioned the number of employees for this company and stated his desire to have a representative from the company address Council. Mr. Stacey moved to table the manufacturing exemption request. Mrs. Polk seconded and the vote was unanimous.

MANUFACTURING EXEMPTION REQUEST - FIELD CONTAINER CO.

Ms. Siggers moved and Mr. Stacey seconded to bring the manufacturing exemption request for Field Container Co. on the floor for discussion. Mrs. Polk disclosed that she would be abstaining from the discussion.

Mr. Stacey moved to table Field Container's manufacturing exemption request in order to obtain more information on the company. Ms. Siggers seconded the motion. All voted in favor to table with the exception of Mrs. Polk who abstained.

TEMPORARY CLOSING OF A PORTION OF GODDARD PARKWAY

Mr. Stacey moved and Ms. Siggers seconded to bring the temporary closing of a portion of Goddard Parkway on the floor for discussion. Mayor Tilghman introduced the new Public Works Director, Mr. John Jacobs. Mr. Jacobs and Mr. Mike Warring of Cherry Hill Construction, Inc. briefed Council on Cherry Hill Construction's operational concept for the construction of a portion of the U.S. Route 50 bypass. Plans include narrowing the width of Goddard Parkway to regular traffic and utilizing part of the parkway and shoulder as a dedicated haul route in the construction of the State Highway Administration's project. The hauling of dirt for this project is anticipated to be completed by September 2001. A safety officer will be on board who will work with the police department to ensure traffic safety in that area.

After further discussion, Mrs. Polk and Messrs. Scott, Stacey and Webster voted in favor of authorizing 1) the development of a Memorandum of Understanding (MOU) between Cherry Hill Construction and the City and 2) the Mayor to approve the MOU following the appropriate staff review by the City Attorney, Police Department and Public Works Department. Ms. Siggers abstained.

AWARD OF BIDS

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

1. Declaration of Surplus . . . . . . . . . . . . . . . . .-0-
2. Contract No. A-15-99: Police Department Uniforms Renewal
(001-2115-521.20-83; 001-2105-521.20-83)
F & F & A Jacobs & Sons, Inc. . . . . . . . . . .$ 28,469.00
3. Fire Department Generators (001-2405-522.70-30)
Buxton Service, Inc. . . . . . . . . . . . . . .$ 29,700.00
4. Contract No. 107-00: Squad 2 Rescue Unit
American LaFrance/Delmarva Pump Center . . . . .$254,653.00

Item #1 - Upon a motion by Ms. Siggers and seconded by Mr. Scott, item #1 was unanimously approved.
Item #2 - Upon a motion by Ms. Siggers and seconded by Mrs. Polk, item #2 was unanimously approved.
Item #3 - Upon a motion by Mrs. Polk and seconded by Mr. Scott, item #3 was unanimously approved.
Item #4 - Upon a motion by Mrs. Polk and seconded by Mr. Scott, item #4 was unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on her trip to Salisbury, England and her attendance at the Maryland Municipal League Conference in Ocean City this week. Chip Messick was applauded for serving as the Acting Public Works Director over the last several months.

COUNCIL COMMENTS

All Councilmembers commented on the Fiscal Year 2001 budget process and the decisions they made on behalf of the employees and taxpayers.

PUBLIC COMMENTS

Mrs. Julia Hancock related that she favored once a week trash collection and questioned why Canal Woods and the Moss Hill areas did not have recycling bins. Mr. Ken Sterling, a slip owner at the marina, commented on the lack of secured, paved parking at the marina. Mr. Kerry Windsor expressed his concern with a clean and lien matter on E. Isabella Street. Mrs. Debbie Campbell provided Council with photos of two area properties depicting just how far a property goes before it is cited by the City. Mr. Mark Filippelli commented on the fire volunteers' assistance in purchasing equipment for the Fire Department.

With no further business, the meeting adjourned at 10:02 p.m.

TIME & PLACE: 4:48 p.m. - Room 302, City/County Government Building
PURPOSE: Consult with counsel on the acquisition of property
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)
PRESENT: Mayor Barrie Tilghman, Council President C. T. Webster, Council Vice President Joseph L. Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel S. Polk, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Fire Chief William Higgins, Deputy Fire Chief Tom Lewis

At 4:48 p.m. in Room 302 of the City/County Government Building, Ms. Siggers moved to convene in Closed Executive Session to consult with legal counsel on the acquisition of property for a new fire station as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7). Mrs. Polk seconded and the vote was unanimous.

City Solicitor Paul Wilber advised the City Council on the latest negotiations regarding the property being considered for purchase. Council reached a consensus and provided the City Solicitor with guidance on how to proceed. At 5:08 p.m., upon a motion and a second by Mrs. Polk and Ms. Siggers, respectively, the Closed Session adjourned and Council reconvened in open session.

City Clerk

Council President