CITY COUNCIL MEETING MINUTES MAY 22, 2000 #11 MEETING

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

The 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.

Council President Webster requested that a vote be taken confirming Joseph L. Scott as Vice President of the City Council. A motion and a second were received at the May 15, 2000 meeting, but no formal vote was taken. All voted in favor of Mr. Scott as Vice President with the exception of Ms. Siggers who did not vote.

On a motion by Mr. Stacey and seconded by Mrs. Polk, the minutes of May 15, 2000 were unanimously approved.

ORDINANCE NO. 1767 - 1ST 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. City Attorneys Paul Wilber and David Douse provided an overview of Ordinance No. 1767 amending Chapter 17 of the Salisbury Municipal Code relating to group domiciliary care facilities and group homes.

Because of the complexity of this issue, Mr. Stacey moved to table Ordinance No. 1767 in order for Council to discuss it further in a work session. The motion died for lack of a second.

Mr. Douse pointed out that the public would be allowed input during the special exception process through the Board of Zoning Appeals hearing. Mr. Wilber noted that once this legislation was adopted, his office would prepare a guidance memo to the Board of Zoning Appeals outlining the criteria.

Ms. Siggers questioned if Witness International's proposal would be excluded or permissible with this legislation. Planning & Zoning Planner Gloria Smith believed the property to be in an Office Service Residential District which would be included in the legislation. Mr. Douse added that it would be permitted by special exception before the Board of Zoning Appeals.

After further discussion and receiving public input, Mr. Stacey again moved to table Ordinance No. 1767. Mr. Scott seconded the motion. Messrs. Scott, Stacey and Webster voted in favor. Mrs. Polk voted nay and Ms. Siggers did not vote. The motion to table Ordinance No. 1767 passed.

ORDINANCE NO. 1769 - 1ST 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. Ordinance No. 1769, as introduced by City Attorney Paul Wilber, amends Chapter 1.16, Infractions and Civic Zoning Violations, of the Code. Mr. Wilber described the amendment as a housekeeping matter. In order to have the citations issued by the Police Department and Building, Housing and Zoning handled at the District Court level in an efficient manner, the fine needed to be reduced from the maximum of $1,000 to a maximum of $500 and a jail sentence from a maximum of six months to a maximum of ninety days.

Mr. Wilber explained that there was also a companion Charter amendment, Resolution No. 711, deleting the provisions relating to penalties of misdemeanors from the Charter and placing all the penalty provisions for violations in Chapter 1.16 of the Code. Mr. Wilber opined that the District Court judges will not allow prosecution if this change is not made.

Ms. Siggers expressed concern with reducing the defendant's right to a jury trial. Mr. Wilber and Police Chief Webster clarified that the defendant would still have the right of a trial in front of a judge, but not a jury trial. Mr. Robert Taylor suggested looking at a way to get the legal fees paid since the fine does not go to the City.

After further discussion, all voted in favor of Ordinance No. 1769 for first reading with the exception of Ms. Siggers who voted nay. (Note: Ms. Siggers originally voted in favor, but corrected her error.)

RESOLUTION NO. 711 - CHARTER AMENDMENT (SC20-9 - MISDEMEANORS) - DELETING PENALTY PROVISIONS IN THE CHARTER

Mr. Stacey moved and Mr. Scott seconded to approve Resolution No. 711 to bring it on the floor for discussion. City Attorney Paul Wilber reported that Charter Resolution No. 711 amends SC20-9 by deleting the penalty provisions from the Charter and placing it into the Code.

Resolution No. 711 passed unanimously.

RESOLUTION NO. 707 - APPROVING FAMILY MEDICAL LEAVE ACT POLICY

Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 707 to bring it on the floor for discussion. Executive Officer John Pick and Wicomico County Human Resources Director Ed Cox presented Resolution No. 707 revising the Family Medical Leave Act policy.

Proposed changes included: 1) forms for implementation of the policy; 2) revised language on repayment of insurance premiums; 3) revised language removing comp time from the requirement in accordance with the law; 4) clarifies employee and employer notification requirements; and 5) defines service status for pension.

Mr. Stacey questioned why this item and the following item, Resolution No. 708, were not previously discussed in a work session. Mr. Stacey moved to table Resolution No. 707, but the motion died for lack of a second.

Mr. Pick believed these to be minor changes to the policy and did not feel they warranted discussion at a work session. In Mr. Cox's opinion, these changes fine-tuned the current policy.

After further discussion, all voted in favor of Resolution No. 707 with the exception of Mr. Stacey who abstained.

RESOLUTION NO. 708 - AMENDING EMPLOYEE HANDBOOK - USE OF SICK LEAVE

Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 708 to bring it on the floor for discussion. Resolution No. 708, as briefed to Council by Executive Officer John Pick, amends the Employee Handbook to allow for the limited use of sick leave (one day) in the event of illness in the employee's family.

Mr. Stacey and Ms. Siggers voiced their concern that the use of only one day was too restrictive. Mr. Stacey moved to amend Resolution No. 708 by allowing up to five days for the use of sick leave for a family necessity in a twelve-month period. Mr. Scott seconded and the amendment passed unanimously. Resolution No. 708, as amended, passed unanimously.

RESOLUTION NO. 712 - APPOINTMENTS TO BUILDING BOARD OF ADJUSTMENTS AND APPEALS

Mr. Scott moved and Mr. Stacey seconded to approve Resolution No. 712 to bring it on the floor for discussion. Mayor Tilghman recommended the appointments of Tom Hayes and Hunter Adkins to the Building Board of Adjustments and Appeals for a period of five years and four years, respectively. Mr. Hayes term would expire in June 2005 and Mr. Adkins in June 2004.

Resolution No. 712 passed unanimously.

RESOLUTION NO. 713 - APPOINTMENTS TO FRIENDS OF POPLAR HILL MANSION BOARD

Mr. Stacey moved and Mr. Scott seconded to approve Resolution No. 713 to bring it on the floor for discussion. Mayor Tilghman recommended the appointment of Phyllis M. White to a term ending December 31, 2001. Ms. White replaces Mr. Kenneth Trippe whose duties took him out of the Salisbury area.

Resolution No. 713 passed unanimously.

RESOLUTION NO. 715 - APPOINTMENT TO PLANNING & ZONING COMMISSION

Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 715 to bring it on the floor for discussion. Mrs. Gloria Smith, Planning & Zoning Planner, submitted the name of Joseph L. Scott to serve a five-year term as Council's representative on the Planning and Zoning Commission replacing former Councilman Palmer Gillis.

Ms. Siggers questioned the five-year term when a Councilmember's term is only four years. Mrs. Smith related that all appointments have been five years. Mr. Stacey moved to amend Resolution No. 715 by changing the term to four years with the term to expire May 2004. Mr. Wilber pointed out that the Councilmember's term actually expires in November 2003 because of the election change. Mr. Gillis commented that he did not feel you were eligible if you were no longer a Councilmember, plus the County Council has to confirm the appointment. Mr. Gillis suggested leaving the term as is.

Mr. Stacey rescinded his motion to amend. Resolution No. 715 passed unanimously. Ms. Siggers noted for the record that she supported the appointment, but not the five-year term.

RESOLUTION NO. 714 - GRANT AGREEMENT - MILL STREET TRACKS

Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 714 to bring it on the floor for discussion. Executive Officer John Pick presented Resolution No. 714 approving a grant agreement from the Maryland Mass Transit Administration (MTA) for partial funding of the rehabilitation of the Mill Street railroad tracks. The total cost for the project is $176,000. Norfolk Southern agreed to pay $50,000, the shippers $50,000, and MTA to provide a grant of $76,000 for the remaining portion. The City, with its own work forces, will perform limited work to restore the drainage system on the tracks. The City will also serve as the paying agent for the payment of the bill from Norfolk Southern for the rehabilitation project.

Mr. Stacey related his concern with offering City services without knowing the extent of those services. He also wanted to see the shippers defined in the agreement. Mr. Pick mentioned that the shippers will sign a loan agreement with Salisbury Wicomico Economic Development (SWED) who will turn the money over to the City. The shippers will be responsible for repaying the loan to SWED.

Mr. Robert Taylor questioned if public funds would be spent to benefit a private interest. In his view, it seemed to benefit only the railroad company and the shippers. Acting Public Works Director Chip Messick reported that any drainage improvement along the railroad property would provide a public benefit to Mill Street and those people traveling on Mill Street. From Mr. Messick's description, Mr. Wilber opined that there seemed to be some public benefit.

Mr. Stacey moved and Ms. Siggers seconded to amend Resolution No. 714 to include the names of the shippers (i.e., Farmers & Planters, Delmarva Chemical, Salisbury Brick and Salisbury Building Supply) in the grant agreement. The amendment passed unanimously. Resolution No. 714, as amended, passed unanimously.

RESOLUTION NO. 716 - RESOLUTION OF GREETINGS TO SALISBURY, ENGLAND

Mrs. Polk moved and Ms. Siggers seconded to add Resolution No. 716, a resolution of greetings to Salisbury, England, to the agenda as an emergency item. All voted in favor with the exception of Mr. Stacey who did not vote. Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 716 to bring it on the floor for discussion.

Mayor Tilghman introduced and read Resolution No. 716, sending greetings to the Mayor and Alderman and citizens of Salisbury, England, in recognition of their Mayor Making Celebrations on June 2, 2000 to June 4, 2000.

All voted in favor of Resolution No. 716 with the exception of Mr. Stacey who abstained.

PRESENTATION OF SALISBURY ZOO COMMISSION'S FY01 BUDGET

Mr. Ron Alessi, Chairman of the Zoo Commission, and Mr. Jim Rapp, Zoo Director, presented the Salisbury Zoo Commission's budget for Fiscal Year 2001 as required by their bylaws.

PROPOSED ANNEXATION - JOHNSON ROAD/LANK PROPERTY

Acting Public Works Director Chip Messick introduced John C. Lank, Jr. and David J. Lank's annexation request containing 8.96 acres situated on the northerly side of Johnson Road, easterly of and adjacent to Tamarac Village. The property is currently zoned R-20 under Wicomico County regulations and will be zoned R-5A upon annexation into the City. This is a $7 million project with the developer planning a twenty-seven lot subdivision with fifty-four semi-detached dwelling units. Impact on water and sewer is approximately 13,200 gallons per day. Revenues exceed expenses for this development by approximately $35,140.

The Council, as a consensus, agreed to proceed and authorized the City Attorney to draft an annexation resolution.

AWARD OF BIDS

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

1. Replacement of Theodolite: Insurance Deductible
(001-3101-531.70-30; Unbudgeted Capital Outlay)
DiCarlo Precision Instrument, Inc. . . . . . . . . . $ 1,000.00
2. Professional Services (001-1701-515.33-02)
Miles & Stockbridge, Inc. . . . . . . . . . . . . . . $ 5,446.10
3. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . .$ 14,301.80
4. Purchase of 516 & 518 East William Street HotSpot Playground
(001-1301-515.70-50 MYWMST: CDBG Grant)
Mr. Herbert LeJeune . . . . . . . . . . . . . . . . .$ 19,153.47
5. Contract No. 6-99 Dolphin (LGIT Insurance Claim)
Dolbey Marine . . . . . . . . . . . . . . . . . . . .$ 37,948.00
6. City Health Insurance (Various)
CareFirst BlueCross BlueShield . . . . . . . . .+/- $909,000.00

Items #1, 4 and 5 were unanimously approved.
Item #2 - All voted in favor of Item #2 with the exception of Mr. Stacey who voted nay.
Item #3 - All voted in favor of Item #3 with the exception of Mr. Stacey who voted nay.
Item #6 - Mr. Mark Lynn, health insurance consultant, participated in the discussion. Mr. Mike Eucebio, from Avery Hall Insurance, shared his concern that local proposals were not given consideration. Mr. Stacey moved to table Item #6 in order to discuss it at the next work session, but the motion died for lack of a second. The health insurance bid was approved with an 85/75 split (City paying 85% of employee coverage and 75% for dependent coverage) on a 3-2 vote (Messrs. Stacey and Webster voting nay).

MAYOR'S COMMENTS

Mayor Tilghman extended her appreciation to Council for approving the resolution of greetings to Salisbury, England.

COUNCIL PRESIDENT/COUNCIL COMMENTS

Mr. Webster related his appreciation to the public for their patience.

PUBLIC COMMENTS

Ms. Maria Mitchell and Ms. Julia Hancock made a few closing remarks.

With no further business, the meeting adjourned at 10:33 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION MAY 26, 2000

TIME & PLACE: 8:35 a.m., Room 302 - City/County Government Building
PURPOSE: Consult with counsel regarding acquisition of property for new fire station
VOTE TO CLOSE: 4-1 (Ms. Siggers abstained)
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)
PRESENT: Council President C. T. Webster, Council Vice President Joseph Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Fire Chief William Higgins, Deputy Fire Chief Tom Lewis, Acting Public Works Director Chip Messick

At 8:35 a.m. in Room 302 of the City/County Government Building, Mr. Stacey moved and Mrs. Polk seconded to convene in Closed Executive Session for the purpose of consulting with counsel regarding the acquisition of property for a new fire station as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7). All voted in favor with the exception of Ms. Siggers who abstained.

City Solicitor Paul Wilber gave a status report on the property negotiations. After discussion of the issues, the Council as a consensus authorized the City Solicitor to proceed under established terms. At 9:08 a.m., upon a motion and a second by Mr. Stacey and Mr. Scott, respectively, the closed session adjourned and Council reconvened in open session.

TIME & PLACE: 6:10 p.m., Room 302 - City/County Government Building
PURPOSE: Consult with counsel regarding a personnel matter
VOTE TO CLOSE: 3-0
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(7)
PRESENT: Council President C. T. Webster, Council Vice President Joseph Scott, Councilwoman Rachel Polk, City Solicitor Paul Wilber, Attorney Andrew Mitchell, Ms. Deborah Stam
ABSENT: Councilwoman Lavonzella Siggers and Councilman William Stacey

At 6:10 p.m. in Room 302 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session to discuss a personnel matter with the City Attorney and Attorney Andrew Mitchell as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7). Mrs. Polk seconded and the vote was unanimous.

Both attorneys updated Council on the events to date and a recommendation was submitted to Council for consideration. After discussion, the Council authorized Mr. Mitchell to proceed as recommended in an effort to conclude the case.

At 6:57 p.m., Mrs. Polk moved to adjourn the closed session. Mr. Scott seconded and the vote was unanimous.

TIME & PLACE: 2:00 p.m., Room 302 - City/County Government Building
PURPOSE: Acquisition of property for new fire station
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)
PRESENT: Council President C. T. Webster, Council Vice President Joseph Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick

At 2:00 p.m. in Room 302 of the City/County Government Building, Ms. Siggers 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). Mrs. Polk seconded and the vote was unanimous.

After discussion of the proposed purchase price, Council set an amount for a lease purchase in the FY01 budget. At 2:05 p.m., upon a motion Mr. Stacey and seconded by Mrs. Polk, the closed session adjourned and Council reconvened in open session.

TIME & PLACE: 9:55 p.m., Room 302 - City/County Government Building
PURPOSE: Personnel matter
VOTE TO CLOSE: 4-1
CITATION: Annotated Code of Maryland Section 10-508(a)(1)(ii)
PRESENT: Council President C. T. Webster, Council Vice President Joseph Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick

At 9:55 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 a personnel matter (Police Chief employment contract) as permitted under the Annotated Code of Maryland Section 10-508(a)(1)(ii). Mrs. Polk seconded the motion. All voted in favor with the exception of Ms. Siggers' nay vote.

After discussion of the issue, no action was taken by the City Council. Upon a motion by Mr. Scott and seconded by Mrs. Polk, the closed session adjourned at 9:59 p.m.

TIME & PLACE: 4:02 p.m., Room 302 - City/County Government Building
PURPOSE: Personnel matter and acquisition of property for fire station
VOTE TO CLOSE: 4-0 (Council Vice President Scott was not present during the vote to close)
CITATION: Annotated Code of Maryland Sections 10-508(a)(1)(3)
PRESENT: Council President C. T. Webster, Council Vice President Joseph Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk, Councilman William Stacey, City Clerk Brenda Colegrove, Executive Officer John Pick

At 4:02 p.m. in Room 302 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session for the purpose of discussing a personnel matter (salary compensation for City Clerk and Executive Officer) and the acquisition of property for a new fire station as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(3). Mr. Stacey seconded and the vote was unanimous. Note: Council Vice President Scott arrived after the vote was taken.

After Council discussion and arriving at a consensus, Mr. Stacey moved to adjourn the closed session at 4:29 p.m. Mrs. Polk seconded and Council reconvened in open session.

City Clerk

Council President