PRESENT
Mayor Barrie P. Tilghman
Council President Robert Cannon *
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman William Stacey
* arrived 7:05 p.m.
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council Vice President Himelright called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited.
On a motion by Mr. Gillis and seconded by Mr. Stacey, the Special Meeting minutes of April 5, 2000 and the April 24, 2000 minutes were unanimously approved.
INTRODUCTIONS
Mayor Tilghman introduced Ms. Seungeun Lee, winner of the "Mayor for a Day" program. Ms. Lee, a 10th grader at Parkside High School, will spend Tuesday, April 25, 2000 with Mayor Tilghman observing the workings of local government.
Mayor Tilghman also introduced Ms. Jill Smith, an intern from Salisbury State University working in the Mayor's Office. Ms. Smith's assignments include designing and developing a brochure/booklet to effectively communicate the advantages of living in Salisbury and the tax advantages available to city residents.
PROCLAMATION PROCLAIMING "YOUTH WEEK"
Mayor Tilghman proclaimed the week beginning on the first Sunday in May as "Youth Week" in the City of Salisbury. Mr. John Sample, Chairman of Youth Activities for Salisbury Elks Lodge #817, accepted the proclamation.
PROCLAMATION PROCLAIMING "FAIR HOUSING MONTH"
The month of April was proclaimed "Fair Housing Month" in the City of Salisbury by Mayor Barrie Tilghman. Ms. Cheryl Minton, Executive Director of Salisbury Neighborhood Housing Service, accepted the proclamation.
CERTIFICATE OF APPRECIATION
Mr. Raymond Moore received a Certificate of Appreciation from Mayor Tilghman recognizing his unselfish efforts in assisting Police Officer Christopher Orwig apprehend a suspect on March 29, 2000.
ORDINANCE NO. 1761 - 2ND READING - BUDGET AMENDMENT - WEED & SEED -
OVERTIME REIMBURSEMENT AND DEPOSIT OF GRANT FUNDS AWARDED THROUGH
DEPARTMENT OF JUSTICE
Mr. Himelright moved and Mr. Gillis seconded to approve Ordinance No. 1761 to bring it on the floor for discussion. Police Chief Al Webster presented Ordinance No. 1761 providing $11,000 in grant funds to be used for overtime which will allow an increased police presence in the designated Weed and Seed areas.
Ordinance No. 1761 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1762 - 2ND READING - BUDGET AMENDMENT - VICTIM ASSISTANCE
SERVICES AND DEPOSITING STATE GRANT FUNDS AWARDED THROUGH GOVERNOR'S
OFFICE OF CRIME CONTROL & PREVENTION TO FUND CIVILIAN POSITION OF
VICTIM ASSISTANCE OFFICER
Mr. Himelright moved and Mr. Stacey seconded to approve Ordinance No. 1762 to bring it on the floor for discussion. Ordinance No. 1762, as presented by Police Chief Al Webster, provides $12,464 in State grant monies to be used to fund the civilian position of Victim Assistance Officer for the fourth year.
Ordinance No. 1762 for second reading passed unanimously.
ORDINANCE NO . 1763 - 2ND READING - EXTENDING MORATORIUM FOR GROUP
DOMICILIARY CARE FACILITIES TO JUNE 30, 2000
Mr. Gillis moved and Mr. Stacey seconded to approve Ordinance No. 1763 to bring it on the floor for discussion. City Attorney Paul Wilber briefed Council on Ordinance No. 1763 extending the moratorium to June 30, 2000 to allow time to complete the work on the zoning provisions relating to group domiciliary care facilities.
Mr. Cannon voiced that the moratorium had been extended several times, so he did not believe the extension should be granted to June 30, 2000. In his view, everyone's feet should be kept to the fire in order to get the work done on the zoning provisions.
Mr. Gillis reported that the Planning and Zoning Commission met on Thursday and passed the recommendations Council discussed at their work session. Mr. Gillis pointed out that the proposed ordinance impacts every multiple-family project as opposed to only domiciliary care facilities.
Ordinance No. 1763 for second reading passed on a 3-2 vote. Messrs. Gillis, Himelright and Stacey voted in favor and Ms. Siggers and Mr. Cannon voted against the ordinance.
ORDINANCE NO. 1764 - 1ST READING - PROPOSED FISCAL YEAR 2001 BUDGET AND
SETTING THE DATE FOR A PUBLIC HEARING
Mr. Stacey moved and Ms. Siggers seconded to approve Ordinance No. 1764 to bring it on the floor for discussion. Mayor Tilghman introduced Ordinance No. 1764 and highlighted the following items relating to the Fiscal Year 2001 budget:
Mr. Himelright asked Mayor Tilghman to clarify the increase in the Comcast franchise fee since she indicated there would be no increase in any fees. Mayor Tilghman reported she was proposing that the franchise fee be returned to 5% rather than decreasing it another 1%. Mr. Gillis recommended that further adjustment be made to the rates for the high end users of water and sewer as was done last year (eliminating a tier).
After further discussion, including receiving comments from the audience on the stop light by Bennett High School, water and sewer plan, Isabella Street traffic, and increasing salaries for the Mayor, Council, police officers and fire personnel, Ordinance No. 1764 passed unanimously for first reading. The public hearing on the Fiscal Year 2001 budget is scheduled for Wednesday, May 31, 2000 at 7:05 p.m. in Room 301 of the City/County Government Building.
RESOLUTION NO. 704 - SALISBURY NEIGHBORHOOD HOUSING SERVICE AGREEMENT
Mr. Stacey moved and Mr. Himelright seconded to approve Resolution No. 704 to bring it on the floor for discussion. Executive Officer John Pick introduced Resolution No. 704 pledging $35,000 per year for an additional five years, subject to the annual appropriation process, to Salisbury Neighborhood Housing Service (SNHS).
Ms. Siggers expressed that in the past she had serious concerns with SNHS programs. She hoped that improvements would be made and was looking forward to working with SNHS in helping to bring about some of those improvements. In Ms. Siggers view, there had been no evidence of SNHS' presence on the west side, an area which has been used on many occasions to generate State and Federal funds. In her opinion the residents had not been the benefactors of those funds, but were always the object of securing those funds.
Mr. Gillis felt that Ms. Siggers' concerns were unfounded and unless he heard some valid concerns he was ready to vote for a five-year commitment to SNHS. Messrs. Cannon and Himelright related that SNHS had furnished a report depicting that SNHS did engage in home ownership loans on the west side (20% of overall loans).
After further discussion, Resolution No. 704 passed unanimously.
ORDINANCE NO. 1765 - PUBLIC HEARING - 1ST READING - ZONING TEXT AMENDMENT -
SALISBURY MALL ASSOCIATES - AMENDING SECTION 17.212.030 TO PERMIT SCHOOLS
OF GENERAL INSTRUCTION AND SCHOOLS OF SPECIAL INSTRUCTION IN SHOPPING
CENTERS
Mr. Himelright moved and Ms. Siggers seconded to approve Ordinance No. 1765 to bring it on the floor for discussion. Planning & Zoning Planner Gloria Smith introduced Ordinance No. 1765 amending Section 17.212.030 of the City Codes by permitting Schools of General Instruction and Schools of Special Instruction in shopping centers. This amendment was requested on behalf of Salisbury Mall Associates in order for Sojourner Douglas College to continue operating in the Salisbury Mall. In the review process, it was also discovered that Sylvan Learning Center was in a shopping center and the Wicomico County Board of Education had been holding GED classes in the mall for some time. The Planning Commission forwarded a favorable recommendation to Council on the Code amendment.
After a brief discussion, Ordinance No. 1765 for first reading passed unanimously.
ORDINANCE NO. 1766 - PUBLIC HEARING - 1ST READING - ORDINANCE PERMIT FOR
GAIL HULL/COUNTRY KIDS DAY CARE TO OPERATE A DAY CARE CENTER AT 311, 312-
314 AND 315 PENN STREET IN AN R-5 RESIDENTIAL DISTRICT
Mr. Cannon disclosed that he would abstain from discussion and voting on this issue since he represented Gail Hull in a recent settlement. Vice President Himelright presided over the discussion. Ms. Siggers moved and Mr. Stacey seconded to approve Ordinance No. 1766 to bring it on the floor for discussion. Planning & Zoning Planner Gloria Smith presented Ordinance No. 1766 authorizing Gail Hull to operate a day care center on Penn Street. The Planning Commission reviewed the request and, after receiving a revised site plan, forwarded a favorable recommendation to Council subject to a comprehensive development plan of the sites being submitted for the Commission's review and approval.
Mr. Himelright questioned why the Mayor and Council reserved the right to conduct a periodic review of the operation (item 6 of the ordinance). He did not believe Council should be involved. Mrs. Smith acknowledged that this was the standard wording in a number of ordinance permits over the years, but could be deleted if Council chose to do so. Mr. Gillis moved and Mr. Stacey seconded to amend Ordinance No. 1766 by striking item #6, Council Review. Ms. Siggers related that she did not have a problem with the wording remaining in the Ordinance Permit. The amendment passed on a 3-1 vote with Ms. Siggers voting nay.
All voted in favor of Ordinance No. 1766 for first reading, as amended (Mr. Cannon abstained).
RESOLUTION NO. 695 - PUBLIC HEARING - NAYLOR MILL ROAD/DAVIS PROPERTY
ANNEXATION
Ms. Siggers moved and Mr. Himelright seconded to approve Resolution No. 695 to bring it on the floor for discussion. City Attorney Paul Wilber briefed Council on Resolution No. 695 annexing approximately 3.85 acres on the northerly side of Naylor Mill Road. The property will be zoned Light Industrial.
Resolution No. 695 passed unanimously.
RESOLUTION NO. 703 - ENTERPRISE ZONE ELIGIBILITY - DICARLO PRECISION
INSTRUMENTS
Mr. Stacey moved and Ms. Siggers seconded to approve Resolution No. 703 to bring it on the floor for discussion. Executive Officer John Pick addressed Resolution No. 703 declaring that DiCarlo Precision Instruments located at 2006 Northwood Drive is eligible to receive Enterprise Zone benefits. The company made substantial improvements to the property, approximately $165,000 in value, and increased the number of jobs.
Resolution No. 703 passed unanimously.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
Upon a motion by Mr. Gillis and seconded by Mr. Himelright, the above items were unanimously approved.
APPROVAL OF SALISBURY FESTIVAL LEASE
Ms. Siggers moved and Mr. Stacey seconded to add the approval of the Salisbury Festival Lease to the agenda as an emergency item. The motion passed unanimously. Executive Officer John Pick presented the lease agreement outlining the areas to be used for the Salisbury Festival.
Mr. Himelright suggested including in Section 3D the date and time to have all the equipment removed. Mr. Pick noted that this may require a specific date for each area, but Council could adopt the agreement subject to adding dates.
In response to Ms. Siggers' inquiry, Mr. Brad Bellacicco, Executive Director of the Chamber of Commerce, reported that students will be able to get community service hours for assisting with the clean up.
The lease agreement between the City and the Salisbury Area Chamber of Commerce was unanimously approved.
RESOLUTION NO. 700 - APPOINTMENTS TO MARINA COMMISSION
Ms. Siggers moved and Mr. Himelright seconded to approve Resolution No. 700 to bring it on the floor for discussion. Mayor Tilghman recommended the following appointments/reappointments to the Marina Commission:
Appointments Term to Expire
Larry Moser January 2001
Marion Evans January 2001
Reappointments Term to Expire
Michael G. Murray January 2002
O. D. "Buzz" Christiansen, Jr. January 2002
Jane Mengason January 2002
Norman Holland January 2001
Robert Gladden January 2002
Charles Dolby January 2002
Mayor Tilghman reported that there were actually two vacancies on the Marina Commission - one to fill John Bloxhom's seat and the other to bring the Commission up to the full nine member membership.
After further discussion and receiving input from Marina Commission Chairman Michael Murray and Commission member Robert Gladden, Resolution No. 703 was unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman commented on the following:
COUNCIL PRESIDENT'S COMMENTS
Council President Cannon mentioned the following:
PUBLIC COMMENTS
Mr. Gene Groten voiced his opinion on a recent city employee matter. Mr. Robert Taylor expressed his concern with the water and sewer agreement discussions and suggested that this Council should stop and let the new Council make the decisions. Mr. James Trader inquired on the status of repairs to the parking garage and the status of information he requested on the recycling program. Mr. Bob Gladden thanked Mr. Cannon, Mr. Gillis and Mr. Himelright for their four years of service to the City.
With no further business, the meeting adjourned at 8:30 p.m.
City Clerk
Council President