#4 MEETING                                                                                                           FEBRUARY 25, 2002

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

City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Police Chief Allan Webster, 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 and the Pledge of Allegiance were recited.

Mr. Stacey announced that the City Council would convene in a Closed Executive Session immediately following the regular meeting to discuss a personnel issue as permitted under the Annotated Code of Maryland Section 10-508(a)(1).

Upon a motion and a second by Mr. Webster and Mr. Scott, respectively, the agenda as presented was unanimously approved.

PUBLIC COMMENTS

Mr. James Trader questioned how long there would be a traffic tie-up on Market Street due to the construction of the garage. He also urged the Council to consider joining forces with other citizens concerning the cemetery on Tony Tank Creek.

Mr. Frank Himelright mentioned that he had not received a response to the questions posed to the Public Works Department about a month ago. Mr. Himelright questioned the status of banners at convenience stores and the Ethics and Traffic Committees.

APPROVAL OF FEBRUARY 11, 2002 MINUTES

On a motion by Mr. Webster and seconded by Mr. Scott, the minutes of February 11, 2002 were unanimously approved.

ORDINANCE NO. 1838 - 2^ND READING - TEXT AMENDMENT, SECTION 17.84 - OFFICE AND SERVICE RESIDENTIAL DISTRICT - TO DELETE SEVERAL ITEMS PERMITTED INHERENTLY OR BY SPECIAL EXCEPTION IN THE DISTRICT

Mr. Scott moved and Mrs. Polk seconded to approve Ordinance No. 1838 for second reading. Mrs. Gloria Smith recapped the amendments to Section 17.84 of the Salisbury Municipal Code. As requested by Council at the first reading, apartment building was deleted in Section 17.84.030 and Sections 17.84.040 through 17.84.060 were renumbered as appropriate.

Mrs. Short, on behalf of the Church Street, Robert Street and Young Avenue property owners, extended appreciation to the City Council for their assistance in this matter.

Ordinance No. 1838, for second reading, passed unanimously.

ORDINANCE NO. 1840 - 1^ST READING - AMENDING SECTION 5.64.010, DEFINITIONS, 5.64.020, LICENSE REQUIRED AND 5.64.070, PROCEDURE FOR DISPATCHING OF TOWING VEHICLES, OF THE SALISBURY MUNICIPAL CODE

Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1840 for first reading. Police Chief Allan Webster addressed the following amendments to the Salisbury Municipal Code:

            5.64.010, Definitions - amends the definition of towing and towing vehicle;

           5.64.020, License Required - adds that companies must be licensed by the city treasurer
            in order to tow within city limits; and

           5.64.070, Procedure for Dispatching of Towing Vehicles - eliminates "own choice request"
            (must follow rotation list).

Chief Webster explained that the "own choice request" was eliminated because of the liability issue (i.e., unlicensed tow company may not have the proper insurance or best safety equipment).

Ms. Siggers voiced her concern with the elimination of calling a tow company of choice. In her opinion, a person should have a right to call the company of their choice regardless if that company was licensed with the City. Ms. Siggers moved to amend 5.64.070 to include a person's right to call the tow company of choice. The motion died for lack of a second.

After further discussion, Ordinance No. 1840 for first reading passed on a 4-1 vote with Ms. Siggers casting the nay vote.

RESOLUTION NO. 820 - AGREEMENT TO INCREASE FEES FOR TOWING AND STORING OF "SCOFFLAW" VEHICLES

Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 820. Resolution No. 820, as presented by Police Chief Allan Webster, established the following standard fees for the towing and storage of scofflaw vehicles:

                        $85.00 - towing of scofflow vehicles
                        $20.00 - storage fee per day
                        $35.00 - administrative fee

Ms. Siggers believed the fees were high, particularly the $85.00 towing fee. Mr. Stacey reported that the towing company representatives explained, during a work session, that they were losing money and could not continue to tow under the current circumstances. At that time, there was a consensus to move forward with increasing the fees.

After further discussion, Resolution No. 820 passed on a 4-1 vote with Ms. Siggers voting nay.

RESOLUTION NO. 821 - REQUEST FOR ADVANCEMENT OF SICK LEAVE

Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 821. Police Chief Allan Webster explained that Resolution No. 821 provides for a Police Department employee to receive an advancement of sick leave. Executive Officer John Pick pointed out that the advancement of sick leave policy only applies in the Police Department per the Written Directives and must be approved by the Mayor and City Council.

Mrs. Polk voiced concern with the terminology of the word "advance" in the Resolution since it was not explained as to what it means. Mr. Pick clarified that the number of unearned sick leave hours advanced to the employee will be paid back as it is earned.

Mrs. Polk moved to restate "an advance of sick leave in the amount of 240 hours" in the fourth Whereas paragraph to "unearned sick leave." After further clarification from Mr. Pick and Mayor Tilghman, Mrs. Polk withdrew her motion.

Resolution No. 821 passed unanimously.

RESOLUTION NO. 822 - REAPPOINTMENTS TO ZOO COMMISSION

Mr. Webster moved and Ms. Siggers seconded to approve Resolution No. 822. Mayor Tilghman recommended the reappointments of Samuel Walker and Roland Leimann to the Zoo Commission. Their terms would expire December 2004.

Resolution No. 822 passed unanimously.

MANUFACTURING EXEMPTION REQUEST - STANDARD REGISTER

Mrs. Polk moved and Mr. Webster seconded to approve the manufacturing exemption request for Standard Register. Finance Director John Cawley presented Standard Register's request for an exemption from personal property tax for equipment purchased in 1999 and 2000. Over the next five years, Standard Register would save a total of $170,573 in personal property tax.

The manufacturing exemption request for Standard Register was unanimously approved.

AWARD OF BIDS

Ms. Siggers moved and Mrs. Polk seconded to bring the Award of Bids on the floor for discussion. Mrs. Turner presented the following items for approval:

1.    Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
       (radio, ballistic vest w/velcro carrier, soft body armor, trauma plate w/carriers, video camera w/stand)
2.    Pipe/Cable Locator (601-3705-532.70-30: over budget)
       Metrotech Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,120.00
3.    Hammerhead Mole (601-3705-532.70-30: over budget)
       Vermeer Sales & Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$6,052.25
4.    Contract No. 103-01; Change Order No. 5)
       Parking Garage Annex (301-3220-539.69-10)
       Southern Builders, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $8,313.00

Items 1, 2 and 3 were approved unanimously. Item 4 was approved on a 3-2 vote (Mrs. Polk and Mr. Stacey voting nay).

MAYOR'S COMMENTS

Mayor Tilghman commented on the following:

*    neighborhood meetings being scheduled;
*    next water and sewer meeting to be held on March 12, 2002, 7:00 p.m. in
the Education Building at the Salisbury Zoo; and
*    February 28, 2002 at 7:00 p.m. - meeting at First Baptist Church to discuss
the Lake Street Playground enhancement.

COUNCIL COMMENTS

Ms. Siggers reported that she serves on the Maryland Municipal League's Legislative Committee. Citizen concerns on any of the proposed legislation should be brought to her attention. Mr. Scott thanked the public for attending. Mr. Webster inquired on the status of the Northeast Collector project and the appointments to the Traffic and Safety Advisory Committee. Mrs. Polk thanked the citizens for attending and recognized City Clerk Brenda Colegrove on successfully becoming a Certified Municipal Clerk.

COUNCIL PRESIDENT WRAP-UP

Mr. Stacey thanked the citizens for attending.

With no further business, the meeting adjourned at 8:13 p.m.
 

TIME &PLACE:           8:20 p.m., Room 301 - City/County Government Building
PURPOSE:                    Personnel issue
VOTE TO CLOSE:        Unanimous

Mayor Tilghman provided a response to one of the issues brought forth by Councilman Scott. The Mayor will report back to Council on the other issue at a later date.

At 8:32 p.m., upon a motion and a second by Ms. Siggers and Mrs. Polk, respectively, the Council unanimously voted to adjourn the closed session.
 
 

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City Clerk
 
 
 

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Council President