#22 MEETING                                                                                                                            NOVEMBER 13, 2000

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

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Al Webster, Acting Fire Chief Tom Lewis, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public Works Director John Jacobs, Planning & Zoning Director David Nutter, and interested Citizens and Members of the Press. ************************************************************************************************
CONVENING - ADOPTION OF AGENDA

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

City Solicitor Paul Wilber reported that a request had been received from Barnes and Noble to postpone the annexation public hearing on Resolution No. 733 for up to thirty days. Mr. Wilber requested that Resolution No. 734 (Pemberton Drive/Bailey property annexation) and Resolution No. 735 (South Division Street/Cloverland Farms annexation) be postponed until the next City Council meeting. State law requires that the public hearing occur fifteen days after the last advertisement. The last advertisement occurred on November 6, 2000. Mr. Stacey moved to postpone Resolution Nos. 733, 734 and 735. Mrs. Polk seconded and the vote was unanimous.

Executive Officer John Pick asked that Ordinance No. 1788, a budget amendment providing for the deposit of State funds ($429), be pulled from the agenda. Since it was such a small amount of money, Mr. Pick did not see the necessity of going through a budget amendment process. Mr. Stacey moved to pull Ordinance No. 1788 from the agenda. Mr. Webster seconded and the vote was unanimous.

Upon a motion by Mrs. Polk and seconded by Mr. Webster, the agenda as amended was unanimously approved.

APPROVAL OF MINUTES - OCTOBER 23, 2000

On a motion by Mr. Scott and seconded by Mrs. Polk, the minutes of October 23, 2000 were unanimously approved.

SPECIAL INTRODUCTION

Mayor Tilghman introduced Laura Dennis, a Salisbury State University intern, assisting in the Mayor's Office.

PRESENTATION OF FISCAL YEAR 2000 AUDIT REPORT

Mr. Jim Pigg, Mr. Dan O'Connell and Ms. Susan Keen, representing Pigg, Krahl, Stern & Co., P.A., presented the audit report on the City's financial statements for the fiscal year ended June 30, 2000. The auditors issued an unqualified or clean opinion on the financial statements, the highest level audit opinion that can be offered in public accounting.

Ms. Keen provided an overview of the financial highlights for the year ended June 30, 2000. In the General Fund, revenues exceeded expenses by $1,120,847 compared to $698,709 in 1999. The Water and Sewer Fund resulted in a net income of $405,388 compared to $67,589 in 1999.

Mr. Dan O'Connell reviewed the graphs depicting General Fund revenues by source, category and type, and a graph representing the City's growth in assessable base. Property taxes represented 60.54% in General Revenue by source. In General Fund expenditures by category, Public Safety and Public Works represented 55.45% and 25.48%, respectively. Salaries and employee benefits represented a total of 61.90% in the General Fund expenditures by type. The City's assessable base, $665,812,159, increased 8.07% over 1999.

ORDINANCE NO. 1784 - 2ND READING - PROPOSED AMENDMENT TO SALISBURY MUNICIPAL CODE TO AMEND THE STREET STANDARDS IN PLANNED RESIDENTIAL DEVELOPMENTS AND ALLOW THE PLANNING COMMISSION TO REVIEW MINOR LOT LINE ADJUSTMENTS IN PRD'S

Mr. Stacey moved and Mr. Scott seconded to approve Ordinance No. 1784, an amendment to the Salisbury Municipal Code amending the street standards in Planned Residential Developments (PRD's) and allowing the Planning Commission to review minor lot line adjustments in PRD's. Planning and Zoning Director David Nutter provided a brief overview of Ordinance No. 1784. Changes included: 1) Director of Public Works would have the authority to approve modifications to street standards in PRD's rather than coming before the City Council; 2) allow the Planning Commission to approve minor lot line adjustments in PRD's; and 3) provides for innovative street standards which would be approved by the Director of Public Works upon the recommendation by the Planning Commission.

A discussion followed concerning Mr. Stacey's inquiry on grandfathering those PRD's already approved by the Council, but have not begun construction, (i.e., St. Alban's Commons and Aydelotte Farm). Mr. Nutter pointed out that if a PRD was under construction (started pushing dirt), this ordinance would not impact the project. However, if no construction was underway, the PRD did not have any vested rights.

Mr. Stacey moved to amend Ordinance No. 1784 to grandfather those PRD's previously approved. The motion died for lack of a second.

The Council discussed the issue of giving the Director of Public Works the authority to modify street designs rather than coming before the City Council. Mrs. Polk and Ms. Siggers expressed their concern that the Planning Commission, who has no accountability to the public, would be the deciding factor in this issue, that modifications may be made unbeknown to the Council, and that the public may not know where to go if they disagreed with the Public Works Director's decision.

After further discussion, Mr. Stacey moved to postpone Ordinance No. 1784 for two weeks until a determination could be made on how many PRD's have already been approved but have not started construction. Mr. Webster seconded the motion. Messrs. Stacey and Webster voted in favor of the motion. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay. The motion failed on a 2-3 vote.

On the vote to approve Ordinance No. 1784, Mr. Scott voted in favor. Mrs. Polk, Ms. Siggers, Mr. Stacey and Mr. Webster voted nay. Ordinance No. 1784 for second reading failed to pass on a 1-4 vote.

ORDINANCE NO. 1785 - 2ND READING - AMENDING THE SMOKING ORDINANCE TO CONFORM THE ORDINANCE TO STATE LAW PROVISIONS RELATING TO SMOKING IN CITY FACILITIES

Mr. Stacey moved and Mr. Webster seconded to approve Ordinance No. 1785, amending the smoking ordinance to confirm the ordinance to State law provisions relating to smoking in city facilities. Executive Officer John Pick provided a brief overview of Ordinance No. 1785 and reported that no changes had been made since the first reading two weeks ago.

After a brief discussion, Ordinance No. 1785 for second reading passed unanimously.

ORDINANCE NO. 1786 - 2ND READING - PROPOSED TEXT AMENDMENTS TO SALISBURY MUNICIPAL CODE - GROUP DOMICILIARY CARE FACILITIES AND GROUP HOMES

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1786, proposed text amendments to the Salisbury Municipal Code regarding group domiciliary care facilities and group homes. City Solicitor Paul Wilber outlined the districts in which group domiciliary care facilities and group homes would be permitted either inherently or by special exception.

Mr. Richard Bearman, representing Go-Getters, Ms. Shanie Shields and Mr. Pat Hannon voiced their concerns with Ordinance No. 1786. Ms. Siggers found it disheartening that we were discriminating against certain people. Mr. Webster expressed that the Council, along with Mr. Wilber and Mr. Douse, had struggled with this issue for sometime and he supported it 100%.

After further discussion, Ordinance No. 1786 for second reading passed on a 4-1 vote with Ms. Siggers being the lone dissenter.

ORDINANCE NO. 1787 - 1ST READING - FY01 BUDGET AMENDMENT - PROVIDING FOR THE DEPOSIT OF FEDERAL FUNDS ($123,222) AWARDED THROUGH THE LOCAL LAW ENFORCEMENT BLOCK GRANT TO ENHANCE THE COMMUNICATIONS SYSTEM OF THE POLICE DEPARTMENT

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1787, a budget amendment providing for the deposit of $123,222 in Federal funds awarded through the Local Law Enforcement Block grant. Police Chief Allan Webster presented Ordinance No. 1787 and reported that the City would have a cash match of $13,000.

Ordinance No. 1787 for first reading passed unanimously.

RESOLUTION NO. 742 - CHARTER AMENDMENT - MOVING THE DATE OF ELECTIONS FROM THE FALL TO THE SPRING BEGINNING IN THE YEAR 2005, MODIFYING THE TERMS OF THE MAYOR AND TWO COUNCILMEMBERS WHO WILL BE ELECTED IN MAY 2002, MODIFYING THE TERMS OF THE REMAINING THREE COUNCILMEMBER POSITIONS WHO WILL BE ELECTED IN NOVEMBER 2003, AND DELETING THE POSITION OF SIXTH COUNCILMEMBER

Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 742. Resolution No. 742, as addressed by City Solicitor Paul Wilber, amends the Charter by moving the date of the general election from the fall (November) to the spring (April) beginning in 2005. The terms of the Mayor, one Councilmember from District II and the Councilmember from District I who will be elected on the first Tuesday of May 2002, will run until the general election on the first Tuesday in April 2005. Thereafter, they will serve four year terms. The terms for the three District II Councilmembers who were elected in May 2000 run until November 2003. Their successors will serve until the general election on the first Tuesday in April 2007 and thereafter will serve four year terms. The Resolution also deletes the sixth Councilmember position.

Mr. Stacey agreed to moving the elections to the odd years, however, he preferred a fall election rather than a spring election. It would give the outgoing Council an opportunity to complete the budget in order to comply with the requirement for shared tax billing services.

A discussion ensued on the fact that District I residents only votes once every four years compared to the rest of the City voting every two years. Suggestions were made that redistricting should be considered for discussion by Council in an upcoming work session. Other options, rather than redistricting, included Councilmembers serving two years, omitting the districts altogether or have cumulative voting.

After further discussion, Mrs. Polk, Ms. Siggers and Mr. Scott voted in favor of Resolution No. 742. Mr. Stacey and Mr. Webster voted nay. Resolution No. 742 passed on a 3-2 vote.

RESOLUTION NO. 743 - AUTHORIZING THE FILING OF A REQUEST TO THE MARYLAND GOVERNMENT INFRASTRUCTURE FINANCING PROGRAM FOR THE PARKING GARAGE EXTENSION

Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 743, authorizing the filing of a request to the Maryland Government Infrastructure Financing Program for the parking garage extension. According to Finance Director John Cawley, Resolution No. 743 would authorize him to apply by Friday, November 17, 2000 for funding for the Parking Authority garage extension from the Local Government Infrastructure Financing Program.

Resolution No. 743 passed unanimously.

APPROVING THE REDESIGNATION OF THE $1,000 APPROPRIATION TO THE NEW YEAR'S EASTERN SHORE CELEBRATION TO A FEASIBILITY STUDY FOR THE PERFORMING ARTS CENTER

Mrs. Polk moved and Mr. Stacey seconded to approve the redesignation of the $1,000 appropriation. Executive Officer John Pick explained that the Council, during their budget process, appropriated $1,000 to the Salisbury-Wicomico Arts Council (SWAC) for the specific use of a New Year's Eastern Shore celebration. Since this celebration will not be held this year, Davina Grace Hill, Executive Director of SWAC, requested that the $1,000 be used toward a feasibility study for a performing arts center at the Movies 6 building.

Mrs. Polk and Ms. Siggers thought it was a good idea to use the vacant Movies 6 building, particularly for a central performing arts center. Mr. Webster preferred using the $1,000 for the Joseph House since the New Year's Eastern Shore celebration was canceled.

Mr. James Trader commented that it was not a wise use of taxpayer money. Ms. Julia Hancock thought the City should watch their finances closely in light of the County's financial situation.

Mrs. Polk, Ms. Siggers and Mr. Scott voted in favor of redesignating the $1,000 toward a feasibility study. Mr. Stacey and Mr. Webster voted nay. The redesignation was approved on a 3-2 vote.

AWARD OF BIDS

The following item was presented for approval by Director of Procurement & Parking Carol Turner:

Declaration of Surplus (weapons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-

Upon a motion by Mr. Stacey and seconded by Mrs. Polk, the above item was unanimously approved.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

• November 8, 2000 follow-up meeting with the North Camden area residents on revitalization;
• November 12, 2000 meeting with Harbor Pointe residents to discuss a five-year plan;
• November 15, 2000 meeting scheduled with residents of the City Park and Zoo area; and
• search process for a new Fire Department Chief.

Mr. Webster commented that the City needed to be cognizant and sensitive on how taxpayer money is spent in order not to be in the same financial position as the County. Mr. Scott believed the City was in good shape and was not spending money needlessly.

Mrs. Polk related that the City was structured so that any major budgetary changes come before the Council for approval. In her opinion, having the cultural arts increases the value of our everyday existence to enrich our lives. She did not believe her support for the $1,000 redesignation to SWAC was a disregard for the taxpayer's dollar.

Mr. Stacey commented on the opening of the Downtown Plaza for the holiday period. He was initially in favor, but if it was going to cost additional unbudgeted taxpayer dollars (approximately $10,000), then he was not in favor. Mr. Stacey also understood that the County was going to be eliminating their central booking service. This would mean that the City's police officers would have to do their booking which could add to police overtime. In response to Mr. Stacey's question on the Boundless Playground location, Mayor Tilghman acknowledged that Newtown Park was submitted and that we should hear if the City was successful within the next week or ten days.

PUBLIC COMMENTS

Mr. Robert Taylor did not believe opening the Downtown Plaza for just a few people made sense. Mr. Taylor referred to a survey performed at Kauffman's which reflected only four people in favor of opening the Plaza and thirty-four against. Mr. Taylor opined that the County would have to cut back on their bond issue and, in his opinion, the City would not get any up- front money from the County for the water and sewer system. He suggested that the City seek funding from the State for the water and sewer project.

In response to Mr. Kenneth Holland's query, Mayor Tilghman reported that the Boundless Playground was designed for all children, not just the handicapped.

Ms. Julia Hancock questioned spending any amount of money on opening the Plaza just for the holidays and commended the Council on their good work during the budget process last spring.

Mayor Tilghman reported, in response to Mr. James Trader's question, that she is waiting for the final report from the City Attorney's office on the Fire Department.

COUNCIL PRESIDENT WRAP-UP

Council President Siggers commented on the following issues:
 

• Ordinance No. 1784 - suggested that Council should address the two issues individually;
• $1,000 contribution to the SWAC - pleased with the way the Council, Administration and the Department Heads     handle the public's funds;
• opening of the Downtown Plaza - had not heard of any decision to do so; and
• North Camden meeting - commended everyone for their efforts. With no further discussion, the meeting adjourned at  9:37 p.m.

TIME & PLACE:             8:30 a.m., Room 302, City/County Government Building
PURPOSE:                      Personnel matter and litigation issues
VOTE TO CLOSE:         Unanimous
CITATION:                    Annotated Code of Maryland Sections 10-508(a)(1)(7)(8)

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, Police Chief Al Webster (part of closed session), Sherry Butler (part of closed session)
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At 8:30 a.m. in Room 302 of the City/County Government Building, Mr. Webster moved to convene in Closed Executive Session to receive an update on a personnel issue (Fire Department) and to receive an update on two litigation issues as permitted under the Annotated Code of Maryland Sections 10-508(a)(1)(7)(8). Mrs. Polk seconded and the vote was unanimous.

City Solicitor Paul Wilber provided an update on the Fire Department investigation.

Ms. Sherry Butler, Claims and Legal Analyst from Local Government Insurance Trust, briefed Council on two litigation issues. Both cases have been settled.

At 9:59 a.m., Mrs. Polk moved to adjourn the closed session and convene in open session. Mr. Scott seconded and the vote was unanimous.

City Clerk

Council President