#10 MEETING                                                                                                                         MAY 29, 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 Council Chambers. Council President Stacey called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.

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

APPROVAL OF MAY 14, 2001 MINUTES

Mr. Webster moved and Mr. Scott seconded to approve the minutes of May 14, 2001. Ms. Siggers moved to amend the last paragraph on page two (Resolution No. 765 discussion) of the May 14, 2001 minutes to reflect:

Mr. Stacey pointed out that he and Mr. Scott met, along with Mr. Tilghman, Ms. Prettyman and Mr. Molnar and two other unidentified persons.

Mrs. Polk seconded the motion. Mr. Stacey reported that these were not the attendees at that meeting and the individuals Ms. Siggers mentioned were not all named at that meeting. Mr. Tilghman did not attend that meeting. Ms. Siggers asked the public to refer back to the tape.

Mrs. Polk and Ms. Siggers voted in favor of the amendment. Messrs. Scott, Stacey and Webster voted nay. The amendment failed on a 2-3 vote. Mr. Scott, Mr. Stacey and Mr. Webster voted aye to approve the May 14, 2001 minutes. Ms. Siggers voted nay and Mrs. Polk abstained.

PUBLIC HEARING - CONSTANT YIELD TAX RATE

Finance Director John Cawley addressed the Constant Yield Tax Rate. The State of Maryland calculated the City of Salisbury's constant yield tax rate as $0.635. Since the City's tax rate of $.0.652 exceeds the constant yield tax rate, a public hearing was required even though an increase in the tax rate was not being considered by the Mayor and Council.

ORDINANCE NO. 1808 - 2^ND READING - APPROVING FISCAL YEAR 2002 BUDGET

Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1808 for second reading. Council President Stacey acknowledged that Ordinance No. 1808, as amended for second reading, included a large portion of the Mayor's request in her proposed budget. Changes to the Mayor's proposed FY02 budget included:

• saved Comcast users a 1% franchise fee;
• reduced proposed grading permits fee increase by eliminating the portion which would impose a fee equal to 2% of construction cost;
• instead of 6.2% increase for COLA and advancement in pay grade, a 3% across-the-board salary increase was approved for employees;
• increased the amount that the City pays for health insurance so that it is equal to the individual premium for the PPO level of coverage;
• Community Promotions - reductions yielded $11,700; increased others by $13,000;
• saved $50,000 in amount budgeted for the Contingency Fund;
• created a $60,000 account in City Council budget for professional fees;
• saved $5,000 in the Information Services Department budget;
• saved $65,000 in the Planning & Zoning Department budget;
• saved $15,000 in the Poplar Hill Mansion budget by deleting one of the requested repair projects;
• added funding for three prisoner transport seats in the Police Department;
• restored $5,000 that had been cut out of the Fire Department budget for the replacement of turnout gear;
• restored $15,000 for the purchase of a pump for the fireboat;
• declined to reclassify the Traffic Superintendent position to Traffic Systems Manager as well as a number of similar positions;
• decreased by $55,000 the request to reimburse the school board for the oversizing of the storm water pipe in connection with the Pemberton School rehabilitation project;
• Public Works Department - approved top priorities;
• eliminated funding for two full-time paramedics and two part-time paramedics;
• increased funding by $4,500 for the requested energy consultant;
• added two new Utility Technician I positions in the Water and Sewer Fund;
• added a new Laboratory Technician in the Water and Sewer Fund;
• adjusted allowance for health insurance in each fund to reflect an expected 20% increase in health insurance premiums;
• deleted allowance for a $6,000 sign and $550 for speed bumps in the Marina budget; and
• saved funding by eliminating separate Internet access through independent service providers in several departments in favor of Internet access through the City's new computer network.

Mrs. Polk voiced her concerns with the budget process and questioned when the decision was made to increase the Chipman Foundation request in the Community Promotions budget. As of the conclusion of the budget sessions on May 23^rd, the Chipman Foundation allocation was zero. However, she received a fax on May 25^th from the Executive Officer indicating that some funding had been restored to Chipman. Mrs. Polk related that all Councilmembers should be contacted when making a change, but she had not been called nor polled concerning any changes to the budget. Mrs. Polk also expressed concern with including $60,000 for professional services in the budget. She disagreed with this line item and also questioned exactly what the $60,000 was to be used for, particularly since the Charter provided a process for obtaining outside opinions. Mrs. Polk noted that she raised this question during the work session, so the inclusion of this funding and items which were cut in the budget caused her real concern in adopting the budget.

Mr. Webster reported that there was an attempt to revisit the Chipman Foundation's request at the May 23^rd budget session by Mr. Scott, but Ms. Siggers left the table and the meeting was subsequently adjourned. Mr. Webster opined that Councilmembers have the responsibility to control the manner in which taxpayer dollars are spent, but they could not please everyone in the process.

In Mr. Scott's opinion, the City should not spend money just because revenue is projected to come in. He projected that more industries would be leaving Salisbury. With the proposed budget being 10% more than last year, Council had to cut the best way they could. At Ms. Siggers request, they agreed to revisit the Community Promotions, but Ms. Siggers got mad during the discussion of the first item and walked out. Mrs. Polk was not at the meeting.

Ms. Siggers noted that she had appealed to the Council to revisit the organizations whose requests had been cut. After the public hearing, Messrs. Scott and Webster were willing to revisit the issue (Mr. Stacey was not present for the hearing). At the May 23, 2001 budget work session, Ms. Siggers believed Mr. Stacey's attitude was the same as before and consequently Mr. Scott and Mr. Webster began to flounder. Ms. Siggers reported that she did get up from the table, but did not leave the meeting (stood at the door). The three Councilmen were still at the table, but no decision to restore funding was made at that point. Instead, the meeting was adjourned, so the decision to restore $1,000 to the Chipman Foundation was not made at a legal public meeting.

As for salary increases, Ms. Siggers felt the City owed it to the employees to pay for the services they provide to the community. She was appreciative that the Council restored paying 100% of the individual health coverage premium for the employees. Ms. Siggers voiced her concern with the $60,000 professional fee line item, eliminating funding for paramedic positions and the reduction of the Comcast cable franchise fee. Ms. Siggers noted that the budget process has always been a collaborative effort in the seven years she has been on Council. However, when it becomes motivated by vengeance, it causes her concern.

In regards to the budget session to revisit Community Promotions, Mr. Stacey agreed that it was not right to leave the meeting and then go back to call Mr. Scott and Mr. Webster. He apologized for taking that initiative, but knew he would get the vote of Mrs. Polk and Ms. Siggers to reconsider restoring the funds.

Highlights of the public comments on the budget included:

• cutting funding for community organizations may compromise their ability to secure grants from other funding sources;
• concerned with personal vendetta in cutting certain items;
• concern with inserting $60,000 line item for professional fees and not knowing exactly how the monies would be spent -- viewed the $60,000 as a "slush fund";
• requested to restore funding for the arts;
• cultural programs bring people downtown;
• questioned the Council President's ability to handle finances;
• after hearing the discussion of the professional fee line item at the budget session, felt comfortable with the money being set aside;
• duplication of services in the budget which are already provided in the community (i.e., neighborhood coordinator position);
• disagreed with spending $750 for the Executive Officer's chair - preferred spending money on the arts;
• Poplar Hill Mansion budget decision was fair;
• suggestion to decrease the professional fee line item by $10,000 and add those monies to the arts;
• belief that a lot of things were going on behind the scenes;
• hoped the budget ordinance did not pass;
• consideration of programs to continue tourism in the community;
• budget process was supposed to be give and take on both sides - need to move on and not turn this into one more ugly conflict; and
• questioned if the budget would be vetoed by the Mayor.

Mr. Webster moved and Mr. Scott seconded to take $10,000 from the professional fees line item in the City Council budget and add those monies to the following Community Promotions:

                        Art Institute                                                       $1,000
                        Chipman Foundation                                         $1,500
                        Salisbury/Wicomico Arts Council                      $1,500
                        Neighborhood Revitalization Grants                  $2,500
                        Historic District Survey                                     $2,500
                        Community Band                                              $1,000

Mrs. Polk requested a friendly amendment to restore the monies to the Community Promotions without specifying that it comes from the Council's line item of professional fees because of the City Solicitor's ruling that it was an illegal item. Mrs. Polk moved to restore the Community Promotions as listed above from the existing money saved. Mr. Scott seconded the motion and the vote was unanimous.

Ms. Siggers moved and Mrs. Polk seconded to move the $60,000 line item in the City Council budget to surplus in the General Fund. Ms. Siggers and Mrs. Polk voted aye. Messrs. Scott, Stacey and Webster voted nay. The amendment failed on a 2-3 vote.

Mr. Webster moved to amend Ordinance No. 1808 by adding a subpart immediately after the appropriation schedule (first subpart) as follows:

                        BE IT FURTHER ORDAINED that none of the funds hereby appropriated may
                        be expended or designated for the purpose of altering or improving the Downtown
                        Plaza without the prior approval of the particular matter by resolution of the
                        Council or amendment of this Ordinance as may be appropriate, provided that
                        this sentence shall not apply to any ordinary repair or maintenance.

Mr. Scott seconded the motion. Mr. Scott, Mr. Stacey and Mr. Webster voted aye. Ms. Siggers voted nay. Mrs. Polk was not present during the vote.

Ms. Siggers moved and Mrs. Polk seconded to allow the Mayor an opportunity to speak. Mrs. Polk and Ms. Siggers voted aye. Messrs. Scott, Stacey and Webster voted nay.

On the vote to approve Ordinance No. 1808, as amended, Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. Ordinance No. 1808, as amended for second reading, passed on a 3-2 vote.

(Council recessed at 9:05 p.m. and reconvened at 9:14 p.m.)

After reconvening, Mr. Stacey asked Council to modify the agenda to include the approval of the reallocation of capital project funds in the Public Works Department. Mr. Scott moved and Mrs. Polk seconded to include the approval of the reallocation of capital project funds in the Public Works Department. Mrs. Polk noted that the motion should be amended to include adding as an emergency item.

Mr. Scott withdrew his original motion. Mr. Scott moved to add to the agenda, as an emergency item, the approval of the reallocation of capital project funds in the Public Works Department. Mrs. Polk seconded and the vote was unanimous. The item will be addressed after the discussion of Resolution No. 768.

ORDINANCE NO. 1795 - 2^ND 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. Webster seconded to approve Ordinance No. 1795 for second reading, amending sections of the Property Maintenance Code. Building, Housing and Zoning Director William Holland highlighted the following changes to the Property Maintenance Code:

• 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.

ORDINANCE NO. 1809 - 2^ND 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 Ms. Siggers seconded to approve Ordinance No. 1809 for second reading. Mrs. Gloria Smith from the Planning and Zoning Department briefed Council on the amendment to the Salisbury Municipal Code which amends the definition of a nursery school in the Salisbury Municipal Code to include instruction up through second grade aged students.

Ordinance No. 1809 for second reading passed unanimously.

ORDINANCE NO. 1810 - 2^ND 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 for second reading. Police Chief Al Webster presented the budget amendment to deposit $2,000 in State grant funds awarded through the Wicomico County Cigarette Restitution Coalition.

Ordinance No. 1810 for second reading passed unanimously.

RESOLUTION NO. 768 - ENTERPRISE ZONE ELIGIBILITY - ARAMARK SERVICES MANAGEMENT, INC.

Ms. Siggers moved and Mrs. Polk seconded to approve Resolution No. 768, Enterprise Zone eligibility for Aramark Services Management, Inc. Executive Officer John Pick presented Aramark Services Management's request for Enterprise Zone designation. Aramark would only qualify for the income tax benefit.

Resolution No. 768 passed unanimously.

REALLOCATION OF CAPITAL PROJECT FUNDS

Ms. Siggers moved and Mrs. Polk seconded to approve the reallocation of the capital project funds in the Public Works Department. Public Works Director provided a brief overview of the reallocation requests (copy attached and made a part of these minutes).

The reallocation requests were unanimously approved as presented.

AWARD OF BIDS

Director of Procurement & Parking Carol Turner presented the following item for approval:

John Deere Riding Lawn Mower (601-3701-532.70-30; unbudgeted)
Home Depot ............................................................................................................$1,798.00

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

MAYOR'S COMMENTS

Mayor Tilghman's comments included:

• read the Resolution of the Charter Trustees from the City of New Sarum, Salisbury, England;
• report on Salisbury, England group's visit;
• follow-up community meeting of the Johnson's Lake/London Avenue/Emerson Heights neighborhoods on May 30, 2001 at Deers Head ;
• Neighborhood Roundtable meetings moved outdoors for the summer - did clean-up on North Division Street this month and in June will be in the Princeton Homes area;
• met with N. Camden Steering Committee to discuss targeted homes; and
• Mayor's role in the budget process - needs to be a collaborative effort.

Ms. Siggers made reference to the Memorial Day holiday, her pride in being an American and being able to serve as an official in City government. She believed that some modifications needed to be made while conducting Council or City business, particularly the public meetings when the citizens expect to hear from the Mayor. Ms. Siggers shared her concern with some of the citations citizens are receiving. She believed the Code included items in which the public had not received proper education. Ms. Siggers thanked everyone for coming and asked that they continue to be participants in the process.

Mr. Scott thanked the public for attending and voicing their comments on the budget.

Mr. Webster asked everyone to unite for a better Salisbury and thanked the Council for all the work they did on the budget. Mr. Webster also asked the Mayor and Administration to consider establishing communication with Crown, Cork and Seal.

Mrs. Polk extended appreciation to everyone for staying and encouraged all citizens to voice their comments.

PUBLIC COMMENTS

Comments and concerns from the public included:

• asked Council to consider a Greater Salisbury Area Citizens' Cabinet concept;
• urged Council to reconsider the alarm ordinance;
• in regards to the Greater Salisbury Area Citizens' Cabinet concept, an organization is already in place (neighborhood meetings);
• questioned why no member of the press was present;
• wanted assurance that the yellow light would not be altered (regarding red light program);
• Council needs to address the business of the City -- personal issues should be left out;
• encouraged Council to get Access 26 or pay Mr. Osowiecki for videotaping meetings;
• budget process was vindictive;
• Messrs. Scott and Webster not living up to their campaign promises; and
• questioned the adoption of budget Ordinance No. 1808 (initial changes made by Council since the first reading of the Ordinance were not voted upon as a group).

After further discussion, including Mr. Wilber's opinion that Council's action on Ordinance No. 1808 would withstand judicial scrutiny, Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1808, as amended, and as modified with the two amendments made this evening. Messrs. Scott, Stacey and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. The motion carried on a 3-2 vote.

COUNCIL PRESIDENT WRAP-UP

Mr. Stacey thanked the veterans for serving their country. He hoped to set aside petty/personal issues in an effort to continue on with City business.

With no further business, the meeting adjourned at 10:16 p.m.

TIME & PLACE:     7:20 p.m. - Room 302, City/County Government Building
PURPOSE:     Update from legal counsel on EPA/MDE environmental litigation issues
VOTE TO CLOSE:     Unanimous
CITATION:     Annotated Code of Maryland Sections 10-508(a)(7)(8)

PRESENT:     Council President William Stacey, Council Vice President Joseph Scott, Councilwoman Lavonzella Siggers, Councilwoman Rachel Polk, Councilman C. T. Webster, Executive Officer John Pick and Records Administrator/Assistant City Clerk Mary Church
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At 7:20 p.m. in Room 302 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session for the purpose of convening with the City Solicitor to receive an update on the EPA/MDE environmental litigation issues. Mr. Webster seconded and the vote was unanimous.

City Solicitor Paul Wilber provided a briefing on the actions taken since the last briefing to Council. Mr. Wilber will inform Council when further developments emerge.

At 7:53 p.m., upon a motion by Ms. Siggers and seconded by Mr. Webster, Council unanimously voted to adjourn the Closed Session and reconvene in open session.
 

City Clerk

Council President