#2 MEETING                                                                                                            JANUARY 22, 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. ***********************************************************************************************
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.

Mrs. Polk moved and Mr. Stacey seconded to approve the agenda as presented. Ms. Siggers informed Council that the Certificate of Appreciation would be pulled from the agenda since the VFW representative could not be present. The agenda, excluding the Certificate of Appreciation, was unanimously approved.

APPROVAL OF MINUTES - JANUARY 8, 2001

On a motion by Mr. Webster and seconded by Mr. Scott, the minutes of January 8, 2001 were unanimously approved.

ORDINANCE NO. 1792 - 2ND READING - ELLINGTON PRD #10 (PLANNED RESIDENTIAL DISTRICT ON JOHNSON ROAD)

Mrs. Polk moved and Mr. Stacey seconded to approve Ordinance No. 1792, a new Planned Residential District located on Johnson Road. Mr. David Nutter, Planning and Zoning Director, provided a brief overview of the Ellington PRD #10 project.

After a brief discussion, Ordinance No. 1792 for second reading passed unanimously.

ORDINANCE NO. 1793 - 2ND READING - AUTHORIZING BOND ISSUE ($1.3 MILLION) FOR THE PARKING GARAGE EXTENSION

Mr. Stacey moved and Mr. Webster seconded to approve Ordinance No. 1793, authorizing a bond issue up to $1.3 million for the parking garage extension. Finance Director John Cawley announced that he will come back to Council at a later date in the process with more concise information. Mayor Tilghman clarified that this will not be an expenditure of taxpayer monies since the funds will be appropriated from the Parking Authority Fund.

Ordinance No. 1793 for second reading passed unanimously.

ORDINANCE NO. 1794 - 2ND READING - PARKING AUTHORITY BUDGET AMENDMENT ($12,988) - MARYLAND STATE RETIREMENT BACK PAYMENT FOR PARKING ATTENDANTS

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1794, a Parking Authority budget amendment of $12,988 providing for retroactive payments to the Maryland State Retirement Agency for the parking lot attendants. Director of Procurement & Parking Carol Turner acknowledged there were no changes since the first reading.

Ordinance No. 1794 for second reading passed unanimously.

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

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1797, a budget amendment accepting a $42,400 grant from the Department of Agriculture for Urban Salisbury, Inc. Mr. Glenn Bury from the Planning & Zoning Department reported that Ordinance No. 1797 accepts the $42,400 United States Department of Agriculture (USDA) Rural Business Enterprise Grant (RBEG) funds for technical assistance in the formation/operation of Urban Salisbury, Inc. The Planning & Zoning Office, acting as grants administrator for the City, will review all invoices to ensure compliance with the grant agreement before disbursing funds.

Council expressed concern with the language contained in paragraph three of James E. Waters' letter of June 28, 2000. The wording did not reflect providing technical assistance for Urban Salisbury, Inc., but instead read that it would "provide assistance to small emerging businesses in hopes of regenerating the downtown and urban areas." More information explaining the purpose of the $42,400 was requested by Council.

Mr. Bury pointed out that the City is bound by the grant agreement, not the letter from Mr. Waters. Any disbursement and use of these funds have to be in compliance with the agreement. The USDA Department of Rural Development audits the grant to ensure compliance. The deadline for expending the $42,400 is June 2001. However, the critical time crunch is Urban Salisbury, Inc. being able to access those funds in order to move forward.

After further discussion, Mr. Webster moved to postpone Ordinance No. 1797 until more specific information was provided for discussion at the next work session (February 8, 2001). Mrs. Polk seconded the motion. All voted in favor with the exception of Mr. Stacey who voted nay.

ORDINANCE NO. 1798 - 1ST READING - TERMINATING CANAL PARK DRIVE AT ITS TERMINUS

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1798, terminating Canal Park Drive at its terminus. Ordinance No. 1798, as highlighted by City Solicitor Paul Wilber, closes a portion of Canal Park Drive and conveys that portion to the adjacent property owners located on the north and south. The City would retain an easement to place any type of utility in that area. Mayor Tilghman reported that all four Canal Woods Condominium Associations requested the closing of Canal Park Drive at the end of the Canal Woods subdivision in a September 24, 2000 letter.

Ordinance No. 1798 for first reading passed unanimously.

ORDINANCE NO. 1799 - 1ST READING - PROPOSED CHANGE TO NUMBER OF APPROVED SIGNS FOR MALLARD LANDING PRD #6

Mr. Stacey moved and Mrs. Polk seconded to approve Ordinance No. 1799, a proposed change to the number of approved signs for Mallard Landing PRD #6. Planning & Zoning Director David Nutter reported that Ordinance No. 1799 would allow for a change in the number of signs permitted in the Mallard Landing project. Mallard Landing would have two entrance signs and three directional signs.

Ordinance No. 1799 for first reading passed unanimously.

RESOLUTION NO. 751 - APPOINTMENT OF BUXTON BAILEY AND REAPPOINTMENT OF DIANA PHILLIPS TO THE HISTORIC DISTRICT COMMISSION

Mr. Webster moved and Mr. Stacey seconded to approve Resolution No. 751. Mayor Tilghman recommended the appointment of Buxton Bailey and the reappointment of Ms. Diana Phillips to the Historic District Commission. Mr. Bailey's term would expire January 2005 and Ms. Phillips' term would expire July 2004.

After a brief discussion concerning advertising for and interviewing reappointees, Resolution No. 751 passed unanimously.

RESOLUTION NO. 752 - RESOLUTION OF SUPPORT - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION FOR PURCHASE/REHAB/RESALE PROJECT FOR THE NORTH CAMDEN NEIGHBORHOOD

Mrs. Polk moved and Mr. Stacey seconded to approve Resolution No. 752. Ms. Deborah Stam, Grants/Special Projects Director, briefed Council on the CDBG grant application for a purchase/rehab/resale project in the North Camden neighborhood. The grant application includes a CDBG request for $392,400, local funds of $17,200 and other funds of $434,600.

Plans include purchasing three or four dilapidated housing units within the targeted neighborhood, rehabilitating those units and selling them to qualified low-to-moderate income homeowners. Ms. Stam noted that one house has already been identified, 410 Camden Avenue, so the total number may be four or five units. The house on 410 Camden Avenue is being purchased by Salisbury Neighborhood Housing Service (SNHS). CDBG funds will be combined with available Intervention Buying Funds through program income from a previous purchase/ rehab/resale project.

Mr. Stacey believed this item should have been discussed at a work session first. He was uncomfortable with funds being controlled by City Administration when, in his opinion, it should be set up as a people/citizens beneficial program. Mr. Stacey preferred postponing this Resolution for discussion at a work session.

Mayor Tilghman reported that the deadline for the grant application is February 1, 2001. CDBG funds go directly to local government entities, not to SNHS or to the neighborhood. Mayor Tilghman reiterated that the grant funds are monitored and audited by the State and quarterly reports must be submitted.

Mr. Webster did not believe that the City should be involved in the real estate business (purchasing or renovating homes). In Mrs. Polk's view, the grant funds were a vehicle by which the City could restore and beautify the neighborhoods. She encouraged the Council to approve the Resolution of Support with the State of Maryland being the final decision maker on the application. Ms. Siggers assured Messrs. Stacey and Webster that this grant application was being handled properly. A number of well-attended meetings were held over the last few months with the Camden neighborhood residents.

After further discussion, Mrs. Polk, Ms. Siggers and Mr. Scott voted in favor of Resolution No. 752. Messrs. Stacey and Webster voted nay. Resolution No. 752 passed on a 3-2 vote.

RESOLUTION NO. 753 - APPROVAL OF REQUEST FOR ADVANCED SICK LEAVE FOR A POLICE DEPARTMENT EMPLOYEE

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 753, a request for advanced sick leave for a Police Department employee. Mayor Tilghman presented the request for advancement of 240 hours of sick leave for PCO Arressa Morton, an eight-year employee, to carry her through February 1, 2001. Ms. Morton was involved in an auto accident and exhausted her sick leave and also used leave donated by her fellow employees. Ms. Morton, currently pregnant, was placed on bed rest by her physician. She is expected to return to her duties.

Resolution No. 753 passed unanimously.

REQUEST FOR ANNEXATION - VALLEYWOOD DRIVE/WANNER PROPERTY ANNEXATION

Public Works Director John Jacobs presented the annexation request for the Wanner property (.54 acres) located on the northwest corner of Glen Avenue and Valleywood Drive. A zoning classification of Residential R-10 has been requested upon annexation. It has also been submitted to the Maryland Department of Planning for priority funding. Mr. Jacobs reported that the property was recently connected to the City's sewer and water services at the request of the Wicomico County Health Department because of the failing septic system.

Several residents of Valleywood Drive expressed concern with the lack of advanced notification that this was occurring and that their properties may be annexed without their input or approval. Mayor Tilghman clarified that Maryland law does not allow mandatory annexation by municipalities. A subdivision or area can only be annexed when 25% of the property owners request annexation. The Wanner property, however, was mandated by the Board of Health to be connected to water and sewer.

After further clarification and a review of the annexation timetable by Mr. Jacobs, the consensus of Council was to move forward with the annexation process.

AWARD OF BIDS

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

• Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
• Reaward of Surplus Engine #203 Fire Master Fire Apparatus . . . . . . . . . . . . . . . .  . . . . . . $15,500.00
• Professional Services (001-1701-515.33-01) Paul Wilber . . . . . . . . . . . . . . . . . . . .. . . . . . $ 7,804.60

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

• meeting with Harbor Pointe neighborhood;
• Neighborhood Roundtable meets third Tuesday of every month at 9:00 a.m. - working on a number of issues to increase citizen participation (i.e., dissemination of flyer containing basic information about the City and special projects taking place in different neighborhoods; plans for field trip to the landfill to generate interest in recycling; working on brochure for available funding sources);
• Rt. 13 median strip meeting on January 13;
• meeting in Crownsville with Maryland Historic Trust; and
• attending Leadership program this week along with Council President Siggers and several other department heads and supervisors.

Council thanked the public for attending tonight's meeting. Mr. Stacey inquired if there was any feedback from the County regarding the water and sewer agreement. Mr. Stacey commented that, in light of the Valleywood situation, Council needed to be prepared to answer other similar circumstances in the future for providing water and sewer, particularly Wor-Wic and Perdue Stadium. Mr. Webster opined that the City needs to be careful if entering into the venture of constructing and selling houses.

PUBLIC COMMENTS

Ms. Maria Mitchell inquired about the status of the Arts Center. Ms. Sue Piper extended appreciation to the Public Works Department for being out early yesterday morning with the salt trucks.

Ms. Julia Hancock commented on the CDBG grant application (regarding City having to pay for moving the tenants) and the Urban Salisbury, Inc. grant (questioned why grant was from the Department of Agriculture). Ms. Hancock also suggested publishing work session agendas.

Mr. James Trader questioned the policy for employee's use of City's vehicles and if anything had been done with the list he provided on the heirs of Hastings Cemetery.

Former Fire Chief William Higgins read a statement relating to Councilman Stacey's faxes and letters about the Fire Department.

Mr. Michael Day questioned why Ordinance No. 1797 wasn't passed on first reading instead of postponing. The issue could have been discussed further at the work session and then brought back for second reading.

COUNCIL PRESIDENT WRAP-UP

Ms. Siggers thanked everyone for attending. With no further business, the meeting adjourned at 9:08 p.m.
 

TIME & PLACE:     6:33 p.m. - Room 302, City/County Government Building
PURPOSE:              Consult with legal counsel on pending litigation - Environmental Protection Agency (EPA)
                                issue
VOTE TO CLOSE: 3-2
CITATION:            Annotated Code of Maryland Sections 10-508(a)(7)(8)
PRESENT:             Council President Lavonzella Siggers, Council Vice President Joseph Scott,
                              Councilwoman Rachel Polk, Councilman William Stacey, Councilman C. T. Webster
                              (left after the vote was taken), City Clerk Brenda Colegrove, Executive Officer John Pick,
                              City Solicitor Paul Wilber, Attorney at Law Paul Calamita, Public Works Director John
                              Jacobs, Deputy Public Works Director Chip Messick and Finance Director John Cawley *********************************************************************************************
At 6:33 p.m. in Room 302 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to be briefed by legal counsel on the pending EPA litigation. Mr. Scott seconded the motion. Mrs. Polk, Ms. Siggers and Mr. Scott voted aye. Messrs. Stacey and Webster voted nay. Mr. Webster, who previously indicated he would not participate if the meeting was closed, left the room after the vote was taken.

City Solicitor Paul Wilber and Attorney Paul Calamita provided background information on the EPA's action citing the City for alleged violations of the Clean Water Act. After discussion of all the issues, and the City Attorney receiving direction from Council, Mr. Scott moved to adjourn the closed session and reconvene in open session. Mrs. Polk seconded and the vote was unanimous.

City Clerk

Council Vice President