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CITY OF SALISBURY, MARYLAND
CITY COUNCIL MEETING MINUTES
JUNE 26, 2000
MEETING #13
PRESENT
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
IN ATTENDANCECity Clerk Brenda Colegrove, Executive Officer John Pick, Police Chief Al Webster, Fire Chief William Higgins, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Deputy Public Works Director Chip Messick, Assistant Treasurer Shirley Foreman, Attorney David Douse, and interested Citizens and Members of the Press.
CONVENING - APPROVAL OF MINUTES - JUNE 12, 2000The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President C. T. Webster called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. On a motion by Mrs. Polk and seconded by Mr. Scott, the minutes of June 12, 2000 were unanimously approved.
SPECIAL RECOGNITION TO OFFICER DANNY PARSONSMayor Tilghman recognized Salisbury Police Officer Danny Parsons for being selected as the Maryland Municipal "Top Cop" for the year 2000. Officer Parsons officially received the award at the Maryland Municipal League Conference earlier this month.
ORDINANCE NO. 1771 - 1ST READING - TWICE A WEEK TRASH COLLECTIONMr. Scott moved and Mr. Stacey seconded to approve Ordinance No. 1771, amending Chapter 8.16.020, Garbage, Rubbish and Refuse, of the Code to bring it on the floor for discussion. Council President C. T. Webster made a few opening remarks and recommended that the City 1) return to twice a week garbage collection as soon as possible; 2) discontinue the present recycling program and develop a new recycling program; and 3) become partners with Wicomico County in the recycling endeavors. Mrs. Polk was not in favor of twice a week garbage collection and believed everyone needed to become more responsible in how we treat our environment. In Mrs. Polk's view, further education on the recycling program should increase the percentage of people participating in the program. Mr. Scott commented that twice a week garbage collection and recycling were too expensive. He, too, agreed that proper education was important for the program to be successful. Ms. Siggers was supportive of once a week collection and recycling. In Ms. Siggers' opinion, it would be regressive to return to twice a week collection. Mr. Stacey did not believe one year was sufficient for a trial period and was not prepared to vote for twice a week garbage collection at this point. Comments were received from several citizens in attendance with the majority favoring once a week trash collection and stressing the importance of educating and encouraging residents to recycle. After further discussion, Ordinance No. 1771 failed to pass on a 4-1 vote with Mr. Webster voting in favor. ORDINANCE NO. 1767 - 2ND READING - ZONING TEXT AMENDMENT - AMENDING CHAPTER 17 OF THE CODE RELATING TO GROUP DOMICILIARY CARE FACILITIES Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1767 to bring it on the floor for discussion. Attorney David Douse briefed Council on Ordinance No. 1767 which 1) amends the definition of a group domiciliary care facility; 2) adds the definition of a group home, 3) permits by special exception group domiciliary care facilities and group homes in the districts in which multi-family dwellings are permitted; 4) multi-family dwellings would now be submitted by special exception in the various districts in which they are permitted; and 5) modifies the R-5, 8 and 10 residential districts to be exclusively single-family residential. A moratorium has been in place with respect to group domiciliary care facilities (expires June 30, 2000) so the Planning Commission, legal counsel and the City Council could review all the particulars. Mr. Douse pointed out a housekeeping matter on page one in the fourth whereas paragraph of the ordinance which should include that a public meeting was also held on June 15, 2000. Mr. Stacey moved and Mrs. Polk seconded to amend Ordinance No. 1767, pages 17 and 21 relating to St. Alban's Commons and Aydelotte Farm, respectively, as follows: In part 14 and part 19 of the Ordinance, add the following as a permitted use in Sections 17.117.030 A.2 and 17.150.030 E: The residential and other uses described on the development plan that was approved by the City Council when it established this district. Mr. Douse informed Council that this would be a change to the original text amendment and should be reviewed by the Planning Commission for their recommendation to the City Council according to statute. Mr. Douse opined that, if Council proceeded with Mr. Stacey's proposed amendment, it may be legally challenged as to whether the Ordinance was done properly according to the City's own legal process. In addition, the grandfathering being requested by St. Albans and the Aydelotte Farm is not constitutionally mandated. Projects cannot get grand- fathered until a building permit has been issued and some action has been taken on the permit. According to Mr. Douse, neither of these two developments have been issued building permits and construction has not commenced. In Mr. Douse's view, the issue may be argued favoring a developer who was not entitled to this privilege over a person who was trying to establish a group home. Mr. Robert Taylor, who had requested an amendment on behalf of the two Planned Residential Development (PRD) projects, related that he did not share Mr. Douse's concerns. Mr. Taylor reported that he was not asking for a change in the request (only to those two specific districts), but how the ordinance was implemented. Concerns/comments expressed from the audience included: 1) impact on multi-family properties by having to go through special exception; 2) not streamlining the process; 3) will delay implementation of construction; 4) taking away property rights; 5) goes against smart growth initiative; 6) language not protecting the neighborhoods; 7) ordinance impacts not only group domiciliary care facilities/group homes, but all multi-family projects; 8) taking away value of property; 9) will impact the ability to develop the property; 10) another layer of bureaucracy; 11) mandate criteria for the Board of Zoning Appeals to consider in the special exception process for group homes/group domiciliary care facilities; 12) table to fine-tune the ordinance; and 13) initiate an emergency ordinance tonight for first reading to extend the moratorium until further research was completed. Mr. Douse advised that if the ordinance was tabled, the moratorium would not be in effect and there would be a lapse of a few days before the second reading of an ordinance to extend the moratorium. After further discussion, Mr. Stacey withdrew his motion to amend Ordinance No. 1767. He then moved to table Ordinance No. 1767 in order to get more legal advice on this issue. Mr. Scott seconded and the vote was unanimous ORDINANCE NO. 1773 - 1ST READING - EXTENDING MORATORIUM ON GROUP DOMICILIARY CARE FACILITIES TO SEPTEMBER 30, 2000 Upon a motion by Mr. Stacey and a second by Mrs. Polk, Council unanimously approved adding Ordinance No. 1773 to the agenda as an emergency item. Mr. Stacey moved to approve Ordinance No. 1773, extending the moratorium on group domiciliary care facilities to September 30, 2000, to bring it on the floor for discussion. Mrs. Polk seconded the motion. Ordinance No. 1773 for first reading was unanimously approved.
ORDINANCE NO. 1768 - 2ND READING - REVISING WATER AND SEWER RATESMr. Stacey moved and Mr. Scott seconded to approve Ordinance No. 1768 to bring it on the floor for discussion. Mayor Tilghman provided an overview of Ordinance No. 1768 revising the water and sewer rates which impacts water and sewer 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 in the Urban Service Districts). The increase represents the second year of an initiative which began with the previous Council to eventually eliminate the third tier of the water and sewer rate. The revenue generated by the increase in rates will be deposited into depreciation reserve to fund for upgrades and capital improvements to the system. Mr. Scott voiced his opinion that all the rates should be increased, not just the largest users of the system, and was concerned that our larger businesses may move from the City. Mr. James Trader did not believe the City was thinking about water conservation. Mr. Morgan Hazel, representing Pepsi Cola, referred to the State mandates his company is subject to in regards to water treatment. Pepsi had set a goal last year to reduce wasting water, but in doing so their water bill increased. Mr. Hazel asked Council to postpone the ordinance at this time in order to discuss it with all the high end users of the system. Mayor Tilghman suggested dovetailing this issue with the water and sewer consultant's master plan recommendation. Mr. Stacey moved to table Ordinance No. 1768 and requested that this item be included in the water and sewer master plan discussion. Ms. Siggers seconded and the vote was unanimous. (Council took a break at 9:45 p.m. and reconvened at 9:50 p.m.) ORDINANCE NO. 1769 - 2ND READING - AMENDING CHAPTER 1.16, INFRACTIONS AND CIVIL ZONING VIOLATIONS, OF THE CODE Mr. Scott moved and Mr. Stacey seconded to approve Ordinance No. 1769 to bring it on the floor for discussion. Attorney David Douse presented Ordinance No. 1769 amending Chapter 1.16 of the Code that relates to violations and penalties for misdemeanors, infractions and civil zoning violations. To address Mr. Stacey's previous concern in collecting attorney fees, Mr. Douse reported that Paul Wilber had researched this issue and came to the conclusion that the fees were not recoverable in this situation. The State has not granted municipalities this power through legislation. Mrs. Polk was still concerned with the citations not indicating, for the citizens benefit, that the situation is compounded if not corrected. In her opinion, the citations would have to be reprinted anyway if this legislation was enacted. Mr. Douse opined that the citations could be changed to advise the violators that they may be subject to repeated fines. Ms. Siggers reiterated her previous comments that this legislation puts the defendant at a disadvantage. She preferred paying the costs in order to have more opportunity for justice. After further discussion, Ordinance No. 1769 for second reading passed on a 4-1 vote with Ms. Siggers casting the nay vote. ORDINANCE NO. 1770 - 2ND READING - BUDGET AMENDMENT PROVIDING FOR THE DEPOSIT OF LGIT CLAIMS CHECK AND PROVIDING REMAINING BALANCE TO PURCHASE AMBULANCE REPLACEMENT Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1770 to bring it on the floor for discussion. Ordinance No. 1770, as briefed by Fire Chief Higgins, provides for the deposit of the Local Government Insurance Trust claims check in the amount of $79,810 and $8,111 from the EMS account to purchase an ambulance.
Ordinance No. 1770 for second reading passed unanimously.
RESOLUTION NO. 719 - ACCEPTING GIFT OF SQUAD 2 RESCUE UNITMr. Stacey moved and Ms. Siggers seconded to approve Resolution No. 719 to bring it on the floor for discussion. Mrs. Turner introduced Resolution No. 719 accepting the gift of $54,753 to be used to assist in the purchase of a Squad 2 Rescue Unit.
Resolution No. 719 passed unanimously. ORDINANCE NO. 1772 - 1ST READING - BUDGET AMENDMENT TO PURCHASE SQUAD 2 RESCUE UNIT Upon a motion and a second by Mr. Stacey and Mr. Scott, respectively, Ordinance No. 1772 was unanimously added to the agenda as an emergency item. Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1772 to bring it on the floor for discussion. Director of Procurement and Parking Carol Turner presented Ordinance No. 1772 as a budget amendment of $54,753 to purchase the Squad 2 Rescue Unit. Ordinance No. 1772 for first reading passed unanimously.
MANUFACTURING EXEMPTION REQUEST - PB WIRE FORMS, INC.Mr. Stacey moved and Ms. Siggers seconded to bring the discussion of PB Wire Forms, Inc.'s manufacturing exemption request on the floor for discussion. Assistant Treasurer Shirley Foreman recommended that a five-year exemption be granted 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. John VanEss, Vice President of PB Wire Forms, Inc. related that he had one full-time employee and five part-time employees. After a brief discussion, all voted in favor of granting the manufacturing exemption request with the exception of Mrs. Polk who voted nay.
MANUFACTURING EXEMPTION REQUEST - FIELD CONTAINER COMPANYMr. Stacey moved and Mr. Scott seconded to bring Field Container Company's manufacturing exemption request on the floor for discussion. Assistant Treasurer Shirley Foreman presented Field Container's request for a manufacturing exemption on equipment purchased in calendar year 1995. A two-year exemption was recommended on 1995 manufacturing equipment beginning with tax year July 1, 1999 to June 30, 2000. Mayor Tilghman recommended not granting the manufacturing exemption request since Field Container is no longer in Salisbury. Mr. Steve Smethurst, representing Field Container Company, reported that Field Container did not realize they were in City limits. It only came to light last year when there was a transfer of real estate property. The County Council approved Field Container's manufacturing exemption request in 1997. After a brief discussion, the manufacturing request was denied by Council on a 4-0 vote. Mrs. Polk abstained on this issue. AWARD OF BIDS The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Declaration of Surplus........................................................................................ -0-
2. Professional Services (601-4401-531.33-02)
Mitchell & Hooper...................................................................................... $ 1,983.00
3. Professional Services (001-1701-515.33-01)
Paul D. Wilber.................................................................................................. $11,670.76
4. Contract No. 106-00, Change Order No. 1 (601-3701-532.70-30)
American Water Well Systems, Inc.................................................................... $14,430.00
5. HotSpot Playground Equipment (001-1301-513.69-07, 001-1301-513.70-50)
West Recreation, Inc......................................................................................... $43,885.00
Upon a motion by Mr. Stacey and seconded by Mr. Scott, the following items were approved after discussion:
Item #1 - unanimously approved;
Item #2 - unanimously approved;
Item #3 - all voted in favor with the exception of Mr. Stacey who voted nay;
Item #4 - unanimously approved; and
Item #5 - unanimously approved.
MAYOR'S COMMENTS No comments. COUNCIL PRESIDENT/COUNCIL COMMENTS No comments. PUBLIC COMMENTS Mr. Jack Powell distributed a copy of information concerning appointed Boards and Commissions and requested an update. With no further business, the meeting adjourned at 10:32 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 28, 2000
TIME & PLACE: 4:20 p.m. - City/County Government Building
PURPOSE: Personnel issues
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(i)(ii)
PRESENT: Mayor Barrie Tilghman, Council President C. T. Webster, Council Vice President Joseph L. Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel S. Polk, Council William F. Stacey (left at 6:20 p.m.), City Clerk Brenda Colegrove, Executive Officer John Pick, Ed Cox
At 4:20 p.m. in Room 302 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss two personnel issues (Police Chief's employment contract and employee communication issue) and to conduct interviews with the candidates for the position of Finance Director as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(i)(ii). Mr. Stacey seconded and the vote was unanimous. Council discussed the requested change to the Police Chief's contract and arrived at a consensus. Mayor Tilghman discussed the second issue with Council and advised that the matter had been handled administratively with the employee. At 4:51 p.m., upon a motion by Mr. Scott and seconded by Mrs. Polk, Council adjourned the closed session for a two minute break. At 4:53 p.m., upon a motion by Mr. Scott and seconded by Mrs. Polk, Council unanimously reconvened in closed session to conduct the interviews with the candidates for the Finance Director position. Council conducted interviews with three candidates for the Finance Director position and provided their rating scores to the Human Resources Director. At 6:33 p.m., Mrs. Polk moved to adjourn the closed session. Mr. Scott seconded and the vote was unanimous.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JULY 6, 2000
TIME & PLACE: 9:55 a.m. - City/County Government Building
PURPOSE: Personnel issue
VOTE TO CLOSE: 3-1 (Mrs. Polk was not present during the vote to close)
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(ii)
PRESENT: Mayor Barrie Tilghman, Council President C. T. Webster, Council Vice President Joseph L. Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel S. Polk, Council William F. Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber
At 9:55 a.m. in Room 302 of the City/County Government Building, Mr. Stacey moved to convene in Closed Executive Session to discuss a personnel issue (Fire Department matter) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(ii). Mr. Scott seconded the motion. All voted in favor with the exception of Mr. Webster who voted nay. Mrs. Polk was not present during the vote to close. Mayor Tilghman and City Solicitor Paul Wilber summarized the events that had occurred to date. After discussion, the City Council arrived at a consensus for Administration and the City Solicitor to proceed on this matter. At 11:40 a.m., upon a motion by Mr. Stacey and seconded by Ms. Siggers, the Council adjourned the closed session and reconvened in open session. City Clerk
Council President
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