#4 MEETING                                                                                       FEBRUARY 26, 2001

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.

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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.

The agenda was unanimously approved as presented upon a motion by Mrs. Polk and seconded
by Mr. Webster, respectively.

APPROVAL OF MINUTES - FEBRUARY 12, 2001

Mrs. Polk moved and Mr. Stacey seconded to approve the minutes of February 12, 2001. All
voted in favor with the exception of Ms. Siggers who did not vote since she was absent from the
meeting.

ORDINANCE NO. 1800 - 2ND READING - BUDGET AMENDMENT ACCEPTING THE
DONATION OF FUNDS ($200,000) FROM FRANK AND MITZI PERDUE FOR THE
BOUNDLESS PLAYGROUND TO BE LOCATED IN NEWTOWN PARK

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1800, a budget amendment
accepting $200,000 from Frank and Mitzi Perdue for the Boundless Playground to be located in
Newtown Park. Mayor Tilghman and Ms. Deborah Stam presented Ordinance No. 1800 for
Council's approval.

Ordinance No. 1800 for second reading passed unanimously.

ORDINANCE NO. 1801 - 2ND READING - BUDGET AMENDMENT - APPROPRIATING
$16,500 FOR THE TAX BILLING REPROGRAMMING COSTS

Mr. Webster moved and Mr. Stacey seconded to approve Ordinance No. 1801, a budget
amendment appropriating $16,500 for the tax billing reprogramming costs. Finance Director
John Cawley reported that the Property Tax Billing Agreement has been signed by the County.

Ms. Siggers believed this to be a wise move, although she was not particularly happy with many
of the joint ventures with the City and County. With no further discussion, Ordinance No. 1801
for second reading passed unanimously.

ORDINANCE NO. 1789 - 2ND READING - AMENDING CHAPTER 8.04, ALARMS, OF
THE SALISBURY MUNICIPAL CODE

Ms. Siggers acknowledged that this item was scheduled for discussion at the February 26, 2001
work session, but the meeting was canceled due to the snow storm.

Mr. Stacey moved and Mr. Webster seconded to approve Ordinance No. 1789 amending Chapter
8.04, Alarms, of the Salisbury Municipal Code. Mr. Stacey and Mr. Webster announced that
they were ready to proceed since their concerns/questions had been addressed.

Messrs. Stacey and Webster voted aye. Mrs. Polk, Ms. Siggers and Mr. Scott voted nay.
Ordinance No. 1789 for second reading failed to pass on a 2-3 vote.

PUBLIC HEARING - ORDINANCE NO. 1802 - 1ST READING - REZONING PROPERTY
OF THURMAN AND PHYLISS A. MOORE, LOCATED ON THE NORTHERLY SIDE OF
ROBERT STREET FROM R-8 RESIDENTIAL TO GENERAL COMMERCIAL

Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1802, rezoning the Moore
property located on Robert Street from R-8 Residential to General Commercial. Planning and
Zoning Director David Nutter presented Ordinance No. 1802 and recommended that the
requested rezoning of the property to General Commercial not be approved by Council and that
the existing R-8 Residential zoning be retained in order to preserve the residential character of
the neighborhood. Mr. John Gigliotti from the Planning and Zoning Department provided an
overview of the proposed rezoning site.

City Solicitor Paul Wilber administered the oath to the individuals wishing to testify Mr.
Robert Benson, Mr. Thurman A. Moore, Mr. Doug Hampshire, Mr. Cliff Holloway and Mrs.
Shirley Short.

Mr. Robert Benson, attorney representing the Moores, related that the applicants requested a
rezoning of eight parcels on Robert Street totaling 2.59 acres in December 2000. To rezone the
property, they had to demonstrate that there was either a change in the character of the
neighborhood or a mistake was made when it was zoned R-8 Residential. A public hearing was
held before the Planning Commission, but the Commission voted unfavorably to the rezoning
request. Mr. Benson and the Moores believed a mistake was made when the property was
rezoned from Commercial to R-8 Residential during a 1983 comprehensive zoning change. Mr.
Benson was unable to find any apparent reason why this property was rezoned. Mr. Benson
noted that the Planning & Zoning staff in their initial report indicated that a mistake was made
in the zoning and also recommended that it be rezoned to Office Service & Residential. The
applicants informed the Planning Commission that they would be happy with Office Service &
Residential, but the Commission voted unfavorably on this request as well. Mr. Benson called
upon Messrs. Thurman Moore, Doug Hampshire and Clif Holloway to give testimony. Copies of
Applicants' Exhibits 1-5 are attached and made a part of these minutes.

Mr. Thurman A. Moore, owner of the property, testified that the property was used for twenty-
two years as a day care center until September 1, 2000. The facility was built in 1977 (7,200 sq.
ft.) and, with two additions, now totals approximately 13,000 sq. ft. An October 11, 1979 letter
from the City of Salisbury's Bureau of Inspections was introduced indicating the property was
within a Commercial District (Applicants' Exhibit 1). Mr. Moore reported that he discovered
the property had been rezoned when it was listed for sale in July 2000 through Long & Foster.

Mr. Moore testified that he had never requested a rezoning nor had he ever been contacted that
it was to be rezoned.

Mr. Doug Hampshire, a surveyor and land planner, reviewed the traffic impact study prepared
by Davis, Bowen & Friedel (Applicants' Exhibit 2), Location Survey Plat (Applicants' Exhibit 3)
and the Metro Core Plan - Land Use Plan (Applicants' Exhibit 4). Mr. Hampshire testified that
the property was zoned General Commercial from 1959, but it was his understanding that the
property is currently R-8 Residential. The traffic impact study revealed that, during weekday
hours, the traffic would be approximately seven times less for a general office building than for
a day care center. The Metro Core Plan, adopted by the City Council in September 1997, shows
this property as a General Commercial use and, in Mr. Hampshire's opinion, the appropriate
use should be General Commercial. Currently, a facility is located there that is a non-
conforming use which was created by the City when it was rezoned Residential. When the
facility was built, it was built under a commercial use, which was allowed, and it was
conforming. Now it doesn't conform because the City changed the zoning laws.

Mr. Clif Holloway, a commercial real estate agent, listed the property on Robert Street. Mr.
Holloway thought the property was commercial until he checked the appraisal and found it was
R-8 Residential. He testified that inquiries have been received about the property, but they
withdraw due to the limited permitted uses under the current R-8 zoning (Applicants' Exhibit 5).

Mrs. Shirley Short spoke on behalf of twelve property owners in the Robert Street, Young Avenue
and Church Street area opposing the rezoning request. Opponents' Exhibit 1 (petition) and
Exhibit 2 (Mrs. Short's statement) are attached and made a part of these minutes.

Mr. Benson pointed out that even though the Ordinance requests a rezoning to General
Commercial, the City Council has the authority to amend to Office Service Residential. In his
opinion, the neighborhood would be better served with an office building in that location rather
than a day care facility.

Mrs. Polk believed the neighbors in this area spoke loudly and clearly that they wanted this area
to remain residential, and she supported their efforts. Mr. Webster commented that Henry
Wojtanowski was the Director in 1979 and in 1983. In his view, Mr. Wojtanowski made a
change in 1983, but did not make a mistake. Mr. Stacey commented that it was clear to him that
a mistake was made in the type of zoning and the intended use was for commercial. However, he
would support Office Service Residential and recommended that Council amend the Ordinance.

Ms. Siggers did not find that there was a mistake in the zoning.

Mr. Stacey moved to amend Ordinance No. 1802 to change the zoning from R-8 Residential to
Office Service Residential. The motion died for lack of a second. Mr. Stacey voted in favor of
approving Ordinance No. 1802. Mrs. Polk, Ms. Siggers and Messrs. Scott and Webster voted
nay. The motion failed on a 1-4 vote.

ORDINANCE NO. 1797 - 1ST READING - BUDGET AMENDMENT - DEPARTMENT OF
AGRICULTURE GRANT ($42,400) FOR URBAN SALISBURY, INC.

Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1797, a budget amendment
accepting United States Department of Agriculture Rural Business Enterprise Grant funds
($42,400) for technical assistance in the formation/operation of Urban Salisbury, Inc.

Mr. Glenn Bury, from the Planning and Zoning Department, briefed Council on Ordinance No.
1797. Ordinance No. 1797 passed unanimously for first reading.

PUBLIC HEARING - RESOLUTION NO. 756 - RESOLUTION OF SUPPORT FOR THE
MAIN STREET MARYLAND APPLICATION PROJECT

Mr. Stacey moved and Mr. Scott seconded to approve Resolution No. 756, a resolution of
support for the Main Street Maryland application project. Mr. Glenn Bury addressed Resolution
No. 756 and reported that an application had been assembled for submission to the Maryland
Department of Housing and Community Development Main Street Maryland Program. This
downtown revitalization program has a mission of strengthening the economic viability of
Maryland's Traditional Main Streets and neighborhoods through a comprehensive approach to
revitalization. The approach entails a four-prong system focusing on organization, promotional
activities, design aspect, and economic restructuring. A program manager will be utilized, along
with a blend of public and private sector participation, providing guidance and technical
assistance. The application is to be submitted by March 1, 2001.

Resolution No. 756 passed unanimously.

RESOLUTION NO. 757 - AUTHORIZING THE MAYOR TO SIGN THE CONTRACT FOR
THE MARKETING STUDY OF THE DOWNTOWN AREA TO THE FIRM OF
HYETTPALMA, INC.

Mr. Stacey moved and Mr. Scott seconded to approve Resolution No. 757, authorizing the Mayor
to sign the contract for the marketing study of the downtown area to the firm of HyettPalma, Inc.

Executive Officer John Pick presented Resolution No. 757 and reported that Urban Salisbury,
Inc. will actually pay for the study. HyettPalma has an agreement with the National League of
Cities in which they will perform this study at a reduced rate. However, there was a restriction
that the contract be made directly with the City.

Mayor Tilghman reported that Urban Salisbury, Inc. put out a Request for Proposal (RFP) for
the hiring of a consultant to perform a marketing analysis of the downtown area. HyettPalma,
Inc. was unanimously selected among the three bidders.

Resolution No. 757 passed unanimously.

RESOLUTION NO. 758 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON A
PROPOSED ANNEXATION - VALLEYWOOD DRIVE/WANNER PROPERTY
ANNEXATION

Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 758, establishing a date
for a public hearing on the Valleywood Drive/Wanner annexation. Public Works Director John
Jacobs provided an overview of the proposed annexation of .54 acres located on the corner of
Valleywood Drive and Glen Avenue. Upon annexation into the City, the property will be zoned
R-10. The property had a failing septic system as noted by the Board of Health in their October
20, 2001 letter. Water and sewer was hooked up after the request for annexation was submitted.

The annexation will be advertised four times with a public hearing scheduled for April 9, 2001.

Resolution No. 758 passed unanimously.

RESOLUTION NO. 759 - ESTABLISHING A DATE FOR A PUBLIC HEARING ON A
PROPOSED ANNEXATION - U.S. RT. 13 NORTH BARNES & NOBLE ANNEXATION

Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 759, establishing a date
for a public hearing on the U.S. Rt. 13 North Barnes & Noble annexation. Public Works
Director John Jacobs briefed Council on the proposed annexation of 6.57 acres located on the
westerly side of U.S. Rt. 13, north of Naylor Mill Road between Lowe's and Staples. The
property will be zoned General Commercial upon annexation into the City. The annexation will
be advertised four times with a public hearing scheduled for April 9, 2001.

After a brief discussion, Ms. Siggers and Messrs. Scott, Stacey and Webster voted in favor of
Resolution No. 759. Mrs. Polk abstained.

RESOLUTION NO. 760 - CHANGING THE NAME OF MAYOR'S DISABILITY COUNCIL
TO MAYOR'S COUNCIL IN SUPPORT OF PEOPLE WITH DISABILITIES

Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 760, changing the name of
Mayor's Disability Council to Mayor's Council In Support of People With Disabilities. Mayor
Tilghman explained that the Disability Council recommended the change to more accurately
reflect the mission of the organization and a more up-to-date way of referring to people with
disabilities.

Resolution No. 760 was unanimously approved.

AWARD OF BIDS

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

1. Declaration of Surplus . . . . . . . . . . . . . . . . .-0-
2. Contract No. A-3-01, Change Order No. 1
    Miscellaneous Chemicals (601-3701-532.60-04)
    Intercoastal Trading Inc. . . . . . . . . . . . . $ 7,604.20
3. Professional Services
    (001-1701-515.33-01, 601-3801-531.33-01, 601-4401-531.33-01)
    Paul Wilber . . . . . . . . . . . . . . . . . . . $14,283.81

Upon a motion and a second by Mr. Stacey and Mr. Scott, respectively, the above items were
unanimously approved.

BRIEFING ON LEAD (LEADERSHIP, EDUCATION, ASSESSMENT AND
DEVELOPMENT) TRAINING

Public Works Director John Jacobs presented an overview of the Leadership, Education,
Assessment and Development (LEAD) training. Representatives from the City Council, Office of
the Mayor, BHZ, Finance Department, Fire Department, Public Works Department and
Purchasing Department, attended LEAD, a course for first-time, direct-line supervisors.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

• Salisbury received a $1 million grant for low interest mortgage loans in the two HotSpot areas which will foster approximately sixteen families into home ownership;
• Pinehurst Neighborhood Meeting on February 13, 2001- sharing their requests/concerns with the City departments;
• meeting with County on February 27, 2001 regarding water and sewer agreement and tax differential;
• meeting with City Council tomorrow morning to discuss Fire Department vacancy; and
• citizen-based budget hearing at Bethany Lutheran Church on February 27, 2001 at 7:00 p.m.

In response to Mr. Stacey's inquiry, Mr. Wilber acknowledged that the meeting with the County
should be open unless they needed to consult with the attorney. Mrs. Polk thanked the public for
coming and for their interest in preserving the neighborhoods. Mr. Scott also thanked the public
for coming and extended an invitation to tomorrow's meeting with the County. Mr. Webster
encouraged the Mayor and staff to actively pursue opportunities for funding to assist in the
upgrades for the water and sewer system.

PUBLIC COMMENTS

Ms. Julia Hancock commented on the lack of sidewalks for children walking to schools and the
safety hazard it presented. Mr. Kenneth Holland referred to several houses being combined into
one on E. William Street for a particular business. At the time this was done, the neighbors were
fearful. He thought there was a similar situation on E. Church Street and suggested that the City
may want to see how successful the E. William Street area is progressing. Mr. Sam Gibson
inquired if a date had been set for a public EPA hearing.

COUNCIL PRESIDENT WRAP-UP

Appreciation was extended to the public for coming and staying for the duration of the meeting.
Ms. Siggers commended the Mayor and Administration for the work they did in bringing funds
into the City and she hoped to see fruitful benefits from these monies. Ms. Siggers mentioned
that the EPA matter is a very sensitive issue and one that they are contending with at this time.

With no further business, the meeting adjourned at 9:34 p.m.

TIME & PLACE:             9:05 a.m. - Room 300, City/County Government Building
PURPOSE:                      Personnel issue - Fire Chief position
VOTE TO CLOSE:         3 - aye; 1 - nay; 1 - abstain
CITATION:                    Annotated Code of Maryland Section 10-508(a)(1)
PRESENT:                     Council President Lavonzella Siggers, Council Vice President Joseph
                                       Scott, Councilwoman Rachel Polk, Councilman William Stacey,
                                       Councilman C. T. Webster, City Clerk Brenda Colegrove

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At 9:05 a.m. in Room 300 of the City/County Government Building, Mr. Scott moved to convene
in Closed Executive Session to discuss the selection of a new Fire Chief as permitted under the
Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded the motion. Ms.
Siggers, Mrs. Polk and Mr. Scott voted in favor. Mr. Webster voted nay and Mr. Stacey
abstained.

A discussion ensued, but no action was taken. At 9:20 a.m., Mrs. Polk moved to adjourn the
closed session. Mr. Scott seconded the motion. Ms. Siggers, Mrs. Polk and Mr. Scott voted aye.
Messrs. Stacey and Webster voted nay.

TIME & PLACE:             9:33 a.m. - Room 300, City/County Government Building
PURPOSE:                      Personnel issue - Fire Chief position
VOTE TO CLOSE:         4 - aye; 1 - nay
CITATION:                    Annotated Code of Maryland Section 10-508(a)(1)
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, Wicomico County Human Resources
                                      Director Ed Cox

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At 9:33 a.m. in Room 300 of the City/County Government Building, Mr. Webster moved to
convene in Closed Executive Session to discuss the selection of a new Fire Chief as permitted
under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded. All voted in
favor with the exception of Mr. Stacey who voted nay.

Mayor Tilghman presented her recommendation to the City Council pending background checks
and the negotiation of terms. After discussion, the Mayor received a consensus from the City
Council on the name submitted.

At 10:00 a.m., upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the closed
session adjourned.

TIME & PLACE:             6:13 p.m. - Room 302, City/County Government Building
PURPOSE:                      Consult with legal counsel on potential litigation issue - receive a briefing
                                        on EPA/MDE issue
VOTE TO CLOSE:         Unanimous
CITATION:                     Annotated Code of Maryland Section 10-508(a)(7)(8)
PRESENT:                      Mayor Barrie Tilghman, Council President Lavonzella Siggers, Council
                                       Vice President Joseph Scott, Councilwoman Rachel Polk, Councilman
                                       William Stacey, Executive Officer John Pick, Records
                                       Administrator/Assistant City Clerk Mary Church, City Solicitor Paul
                                       Wilber
ABSENT:                       Councilman C. T. Webster

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At 6:13 p.m. in Room 302 of the City/County Government Building, Mrs. Polk moved to convene
in Closed Executive Session for the purpose of consulting with legal counsel on a potential
litigation issue (EPA and MDE). Mr. Scott seconded and the vote was unanimous.

City Solicitor Paul Wilber brought Council up-to-date on the events/conference calls which have
transpired involving the EPA and MDE on the environmental issue. Council was informed of
the course of action being taken to resolve this matter.

After receiving Mr. Wilber's briefing and discussing the issues brought forth, Mrs. Polk moved
to adjourn the closed session at 6:35 p.m. and reconvene in open session. Mr. Scott seconded
and the vote was unanimous.

City Clerk

Council President