#9 MEETING                                                                                                             MAY 14, 2001

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

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Police
Chief Al Webster, Fire Chief Stephen Brezler, Finance Director John Cawley, Director of
Procurement & Parking Carol Turner, C.P.M., CPPB, BHZ Director William Holland, Public
Works Director John Jacobs, 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 Court Room #1 of the Old Court
House. Council President Stacey called the meeting to order. The Lord's Prayer was repeated
and the Pledge of Allegiance was recited.

Mr. Webster moved to amend the agenda by moving Resolution No. 765 before the public
hearing on the proposed Fiscal Year 2002 budget. Mr. Scott seconded the motion. Messrs.
Scott, Stacey and Webster voted aye. Ms. Siggers voted nay and Mrs. Polk abstained.

Mr. Scott moved and Mr. Webster seconded to postpone approving the reallocation of capital
project funds in the Public Works Department in order to discuss it further at a work session.
Messrs. Scott, Stacey and Webster voted in favor of the postponement. Mrs. Polk and Ms.
Siggers voted nay.

Messrs. Scott, Stacey and Webster voted in favor of adopting the agenda as amended. Mrs. Polk
and Ms. Siggers voted nay.

APPROVAL OF SPECIAL MEETING MINUTES OF APRIL 16, 2001 AND APRIL 23, 2001
MINUTES

On a motion by Mr. Webster and seconded by Mr. Scott, the Special Meeting minutes of
April 16, 2001 and the minutes of April 23, 2001 were unanimously approved.

CERTIFICATE OF APPRECIATION

Mayor Barrie Tilghman presented a Certificate of Appreciation from the Mayor's Neighborhood
Roundtable to Flowers Unlimited in recognition of their tangible commitment to enhancing the
quality of life in Salisbury. Ms. Jackie Cassidy accepted the certificate on behalf of Flowers
Unlimited.

PROCLAMATION PROCLAIMING MAY 20 - 26, 2001 AS "EMERGENCY MEDICAL
SERVICES WEEK"

Mayor Tilghman read a proclamation proclaiming the week of May 20-26, 2001 as "Emergency
Medical Services Week" in Salisbury. Fire Chief Stephen Brezler and EMS Supervisor Jerry
Bennett accepted the proclamation.

Deputy Fire Chief Tom Lewis was recognized for serving as the acting Fire Chief during the
period of former Fire Chief William Higgins' retirement date and the employment of Stephen
Brezler as the new Fire Chief.

RESOLUTION NO. 765 - APPROVING AGREEMENT TO EXTEND WATER AND SEWER
SERVICES TO WOR-WIC COMMUNITY COLLEGE AND ARTHUR W. PERDUE
STADIUM

Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 765. Council President
Stacey presented Resolution No. 765 approving the agreement to extend water and sewer
services to Wor-Wic Community College and Arthur W. Perdue Stadium.

Mrs. Polk pointed out that the Charter defines the City of Salisbury as the Mayor and Council.
It also spells out the powers of the Mayor, Council and the City of Salisbury. Article V,
§SC5-1A(28) refers to the water and sewer system which must be done together (City of
Salisbury). Therefore, Resolution No. 765 would not go anywhere without an agreement and
signature from the Mayor.

Mr. Webster expressed that he had been an opponent of providing water and sewer services to
the County without annexation. However, he had been in favor from the very beginning of a
separate agreement for Wor-Wic and Perdue Stadium. Since this issue had been up in the air
since 1991, Mr. Webster asked the Mayor and Administration to partner with the Council in
resolving this priority issue.

Mr. Scott believed Wor-Wic and the Stadium had every intent to hook up to City water and sewer
when they were built. In his opinion, the City would not be in danger if services were extended
to these two facilities. Mr. Scott reported that he attended two of the water and sewer
negotiation meetings, but he saw no give and take on either side. He and Mr. Stacey spoke with
two County Councilmembers concerning a separate agreement for Wor-Wic and Perdue Stadium
and then brought it before the City Council at a work session for consideration.

Ms. Siggers reported that all the water and sewer meetings with the County were recorded, as
well as the City Council work session when this agreement was introduced. In her view, this
agreement was a back door dealing and the Resolution was not worth the paper it was written
on.

Mayor Tilghman addressed the issue of negotiations being conducted outside of the established
process and without the input of the chief elected official of the City and professional
administrative staff. According to the Charter, Resolution No. 795 would not be valid even if
passed by the Council and would not constitute an agreement between the City and any entity to
extend water and sewer utilities to Wor-Wic and Perdue Stadium. This was confirmed, in
writing, by the City Solicitor. Mayor Tilghman noted that Resolution No. 795 did not address
several issues (i.e., impact on the City's lift stations or replacement of capacity). In March of
this year, Mayor Tilghman sent a letter to the County, per the agreement of the City Council,
offering to decouple Wor-Wic and the Stadium from any discussion of the total comprehensive
water and sewer agreement if the County would agree to amend their Comprehensive Water and
Sewer Plan to accommodate the need of the plant to expand. The County refused to amend the
Plan. Mayor Tilghman believed the City could not bring on more users and jeopardize the
ability for the City to continue to expand its tax base through economic development and
annexation without discussing capacity. Mayor Tilghman reported that she was meeting with
several people tomorrow to discuss the extension of services in order to come to an agreement
that will serve everyone.

Highlights of public comments on Resolution No. 795 included:

• a shame that personality conflicts created such horrible circumstances;
• City should approve extension of services to Wor-Wic so construction projects could go forward;
• concern with the extension of services to Wor-Wic and the Stadium in light of the plant needing to be upgraded;
• original water and sewer team representatives should be reinstated;
• extension of services was violation of the Municipal Code - should make application to the Department of Building, Housing & Zoning first;
• concern with bringing the City to near or at capacity without receiving approval from the County to expand the capacity;
• ask Maryland Department of Environment to verify capacity of the wastewater treatment plant;
• State contributing $1.9 million for the extension of water and sewer to Wor-Wic with matching 25% local contributions from Wicomico County and Worcester County;
• of the $2.5 million project for extending water and sewer services, $400,000 is allocated for upgrades the City's wastewater treatment plant;
• State of Maryland has stated no more expansion of Wor-Wic unless City water and sewer services are provided have to build now or the money is gone;
• water and sewer rates should have been raised 30% ten years ago -- applauded the Mayor for increasing 10%;
• growth of Wor-Wic will come to a halt without water and sewer;
• County needs to address the issue of increasing the City's capacity;
• taxpayers will feel the brunt of extending water and sewer services to Wor-Wic and the Stadium;
• need to abide by the Charter;
• problem created by the County Council -- should have required the extension of water and sewer in the Comprehensive Plan when these projects were initially approved;
• belief that three Councilmembers were trying to destroy the City by their underhanded water/sewer maneuvering -- compromising the entire City and the environment;
• in favor of extension of services if the County modifies the Water and Sewer Comprehensive Plan to increase the capacity;
• both Wor-Wic and Perdue Stadium are important, but need to look at the impact on the City;
• questioned how you stop others from tapping into the lines once services are extended to Wor-Wic and Perdue Stadium;
• separate agreements for Wor-Wic and Stadium are needed -- decouple from an overall water and sewer agreement; and
• suggestion of a compromise -- formation of an Urban Services Commission with representatives from City and County with cost to upgrade water treatment plant shared jointly between City and County.

            insert fol1owing new sentence for 1.f. and change current 1.f. language to 1.g.
            "Wicomico County agrees to pay to the City of Salisbury the cost of additional
            capacity for the City's water and sewer systems to the sole extent that additional
            capacity is necessary to serve the Perdue Stadium and Wor-Wic Community
            College."

Mr. Webster moved to include the wording as stated by Mr. Stacey in Resolution No. 765. Mr.
Scott seconded the motion. Mrs. Polk reiterated that the City Council does not have the power to
unilaterally negotiate on behalf of the City of Salisbury. Any vote taken would be a wasted
effort.

Messrs. Scott, Stacey and Webster voted in favor of the amendment. Mrs. Polk and Ms. Siggers
voted nay. Messrs. Scott, Stacey and Webster voted in favor of Resolution No. 765 as amended.
Mrs. Polk and Ms. Siggers voted nay.

PUBLIC HEARING - PROPOSED FISCAL YEAR 2002 BUDGET

Mayor Tilghman presented an overview of the proposed Fiscal year 2002 budget which
incorporated input from neighborhood meetings, department heads and personnel committees.
The budget also reflected the goals of the Mayor and City Council and revenue projections.

Public comments included:

• complaint that pay increases not being done fairly;
• questioned if there would be more police presence in certain neighborhoods;
• asked that Council give respect to the expert opinions from the professional staff of the City when considering the budget;
• water and sewer rates should be increased more than 10%;
• appreciated monies being added to the Moody's Fund;
• street sweeper - good idea;
• appropriate to raise permit fees;
• glad to see traffic calmers being addressed again;
• questioned how many employees have left the City in the past fiscal year because of the pay scale;
• questioned how the City can continue to underwrite the County;
• traffic light at Beaglin Park Drive needed;
• questioned if the County contributed any money to the zoo;
• questioned if any money in the budget for housing programs/opportunities; and
• liked the initiative to increase the cultural life of the City.

ORDINANCE NO. 1795 - 1ST READING - AMENDING SECTIONS 15.24.040, 15.24.270,
15.24.540, 15.24.570, 15.24.670, 15.24.730 AND 15.24.1340 OF THE PROPERTY
MAINTENANCE CODE

Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1795 amending the Property
Maintenance Code. Building, Housing and Zoning Director William Holland presented the
following changes:

• 15.24.040 - updating references to nationally recognized codes;
• 15.24.270 - increasing the fine for buildings which remain in a boarded condition;
• 15.24.540 - prohibiting the accumulation of animal waste;
• 15.24.570 - increasing the period of time provided for occupants to remove furniture;
• 15.24.670 - requiring a trash receptacle be provided for each dwelling unit; and
• 15.24.730 - clarifying the definition of a roof which is in good repair.

PUBLIC HEARING - ORDINANCE NO. 1809 - 1ST READING - TEXT AMENDMENT TO
THE SALISBURY MUNICIPAL CODE TO AMEND THE DEFINITION OF A NURSERY
SCHOOL TO INCLUDE INSTRUCTION UP THROUGH SECOND GRADE AGED
STUDENTS

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1809, amending the
definition of a nursery school in the Salisbury Municipal Code to include instruction up through
second grade aged students.

Mrs. Gloria Smith (Planner from the Planning & Zoning Department) reported that the Planning
Commission forwarded a favorable request to amend the definition of a nursery school to permit
instruction up through second grade aged students. The applicant, Bundles of Joy Day Care,
must receive State Board of Education approval.

Ordinance No. 1809 for first reading passed unanimously.

ORDINANCE NO. 1810 - 1ST READING - BUDGET AMENDMENT TO DEPOSIT $2,000
IN STATE GRANT FUNDS AWARDED THROUGH THE WICOMICO COUNTY
CIGARETTE RESTITUTION COALITION

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1810, a budget
amendment to deposit $2,000 in State grant funds awarded through the Wicomico County
Cigarette Restitution Coalition.

Ordinance No. 1810, as presented by Police Chief Al Webster, provides for overtime
reimbursement for law enforcement efforts aimed at decreasing the sale of tobacco products to
minors and reducing the use of tobacco by minors.

Ordinance No. 1810 for first reading passed unanimously.

ORDINANCE NO. 1811 - 1ST READING - AMENDING CHAPTER 8.04, ALARMS, OF THE
SALISBURY MUNICIPAL CODE

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1811 amending Chapter
8.04 of the Salisbury Municipal Code. Police Chief Al Webster addressed the following changes
to the Code:

• one-time $50.00 registration fee for alarm companies;
• false alarm citation may be appealed to the Mayor within ten days of issuance; and
• lien placed against the property if the false alarm bill remains unpaid for more than thirty days.

Mrs. Polk was still concerned with placing a lien on a property owner who may not have
installed the alarm. If the lessee installed the alarm, the lessee should be responsible. It was
Mr. Webster's understanding that this section was to be changed as a result of their last
discussion.

Ms. Siggers voiced her non-support of placing a lien on the property owner and her concern with
the Police Department's enforcement on alarms (i.e., police officers actually responding to
calls). Police Chief Webster reported that the officers respond on the basis of an alarm
company calling the department.

The consensus of those who spoke on Ordinance No. 1811 agreed that it was not fair to place a
lien on the property owner if the renter installed the alarm system.

After further discussion, Mr. Scott and Mr. Stacey voted in favor of Ordinance No. 1811. Mrs.
Polk, Ms. Siggers and Mr. Webster voted nay. Ordinance No. 1811 failed to pass on a 2-3 vote.

RESOLUTION NO. 766 - APPROVING SEVENTH AMENDED AND RESTATED LOCAL
GOVERNMENT INSURANCE TRUST AGREEMENT

Ms. Siggers moved and Mr. Webster seconded to approve Resolution No. 766, approving the
seventh amended and restated Local Government Insurance Trust (LGIT) Agreement. Executive
Officer John Pick presented the following amendments to LGIT's Trust Agreement:

• members no longer required to enter into a Health Benefits Funding Agreement in order to obtain health benefits coverage;
• the term "premium" replaced by the term "fee"; and
• arbitration available at the option of the member and the Trust for coverage disputes involving $10,000 or less.

RESOLUTION NO. 767 - APPOINTMENTS TO THE BOARD OF DIRECTORS OF
FRIENDS OF POPLAR HILL MANSION

Mrs. Polk moved and Ms. Siggers seconded to approve Resolution No. 767, appointments to the
Board of Directors Friends of Poplar Hill Mansion.

Mayor Tilghman recommended the appointments of Gin Deggendorf, Judy Jackson and Joyce
Shannahan to the Board of Directors of Friends of Poplar Hill Mansion for terms ending
December 31, 2004.

Resolution No. 767 passed unanimously.

MANUFACTURING EXEMPTION REQUESTS

Finance Director John Cawley presented the following manufacturing exemption requests:

• Integrity Machine, Inc.
• National Vault Company, Inc.
• The Farmers & Planters Company
• PB Wire Forms, Inc.
• RelComm Technologies, Inc.
• Wheaton Pharmatech
• Harvard Custom Manufacturing

Ms. Siggers moved and Mr. Scott seconded to approve the manufacturing exemption requests for
Integrity Machine, Inc., National Vault Company, Inc., The Farms & Planters Company,
RelComm Technologies, Inc. and Harvard Custom Manufacturing. The manufacturing
exemption requests were unanimously approved.

AWARD OF BIDS

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

1.     Lease/Purchase of Recycling Trucks (001-3317-532.86-00)
        SAC Recycling Trucks . . . . . . . . . . . . . .$133,072.00
2.     Contract No. 103-01
        Parking Garage Extension (various accounts)
        Southern Builders, Inc. . . . . . . . . . . . .$1,943,800.00
3.     Surplus Van
        Walt Smullen . . . . . . . . . . . . . . . . . . . .$201.00

Mrs. Turner requested that item #3 (surplus van) be pulled from the agenda. Upon a motion by
Ms. Siggers and seconded by Mr. Scott, the Council unanimously voted to pull item #3.

Items #1 and #2 were unanimously approved upon a motion by Mr. Webster and seconded by
Mr. Scott.

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

• HyettPalma meeting on Tuesday, May 15, 2001; and
• arrival of visitors from Salisbury, England on the afternoon of May 15, 2001.

Mrs. Polk encouraged the Councilmembers to study the Charter to avoid confusion and power
plays.

Mr. Webster encouraged the Mayor and Administration to work with the Council on the water
and sewer issue and asked everyone to contact their County representatives to encourage them to
come back to the table for discussion. As for the proposed budget, Mr. Webster commented that
Council will have to determine the priorities for funding.

Mr. Scott had the interest of the City at heart and believed that a water and sewer agreement
could be worked out with the County.

Ms. Siggers commented on the meeting and events that took place concerning the water and
sewer agreement with Wor-Wic and Perdue Stadium. She recommended that the public review
the May 3, 2001 work session tape recording to determine that a back room dealing on the water
and sewer agreement did take place. Even with the amendment, Ms. Siggers opined that the
Resolution was not worth the paper it was written on. If the Resolution was valid, the City would
have been put in a growth moratorium situation because of no additional capacity. In regards to
a previous comment by Mr. Stacey, Ms. Siggers clarified that she did not have a habit of
arriving late to meetings as was confirmed by the City Clerk in checking the records.

PUBLIC COMMENTS

Ms. Doris Gelbman opined that Messrs. Scott and Webster ignored their campaign promises
regarding water and sewer. Comments were also expressed on the ouster of Ms. Siggers as
Council President (received no valid reason), possible violation of the Open Meetings Act by

Messrs. Scott and Webster, legal opinion on the use of the sound equipment, filing of application
for water/sewer services and the rate which should be charged according to the Municipal Code.

Ms. Mattie Green asked that Councilmembers adhere to the Charter, opined that if three people
were running the entire City, the City of Salisbury would never grow, and the Mayor was owed
an apology for the disrespect shown to her this evening.

Rev. Lewis Watson believed the decision reached tonight on water and sewer would put the City
in jeopardy and, if there were any ramifications, the taxpayers would feel the brunt of it. In his
view, the Councilmembers were elected to office to do what was best and right for the City and to
bring harmony to the City.

The meeting was adjourned at 10:30 p.m.
 

City Clerk

Council President