CITY OF SALISBURY, MARYLAND
#7 MEETING APRIL 12, 2004
PRESENT
Council Vice President Michael H. Day Councilwoman Lynn B. Cathcart
Councilman Gary A. Comegys Councilman Lavonzella Siggers
Mayor Barrie P. Tilghman
ABSENT
Council President Michael P. Dunn
IN ATTENDANCE
Asst. City Clerk Mary Church, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Allan Webster, Director of Procurement & Parking Carol Turner, C.P.M., CPPB, Public Works Director John Jacobs, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor met in regular session at 6:00 p.m. in Council Chambers. Council Vice President Day called the meeting to order. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. The agenda as presented was unanimously approved on a motion by Mr. Comegys and seconded by Mrs. Cathcart.
ANNOUNCEMENT
Council Vice President Day announced that a public hearing will be held on Tuesday, April 27, 2004, from 5:30 to 6:30 p.m. for citizen input on obtaining $360,000 in Community Development Block Grant funds.
APPROVAL OF MARCH 22, 2004 MINUTES
The March 22, 2004 minutes were unanimously approved on a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively.
PROCLAMATION PROCLAIMING “FAIR HOUSING MONTH”
Mayor Tilghman proclaimed the month of April as “Fair Housing Month” in the City of Salisbury. Mr. Tom Davis accepted the proclamation.
PROCLAMATION PROCLAIMING “THE 2004 MARYLAND CHIEFS’ CHALLENGE - LIFESAVING CAMPAIGN”
Mayor Tilghman proclaimed April 6 through June 6, 2004 as “The 2004 Maryland Chiefs’ Challenge - Lifesaving Campaign” in the City of Salisbury. Police Chief Allan Webster accepted the proclamation.
ORDINANCE NO. 1902 - 2ND READING - RESIDENTIAL PARKING PERMIT POLICY
Mrs. Cathcart moved and Ms. Siggers seconded to approve Ordinance No. 1902 for second reading. Director of Procurement and Parking Carol Turner introduced Ordinance No. 1902 amending Chapter 10.28, Parking Restrictions in Residential Districts, of the Salisbury Municipal Code to provide a policy for distribution, use and enforcement of residential parking permits. To address Mr. Tom Smith’s concern from the first reading, Ms. Turner offered the following amendment: change 10.28.010(A)(3)(e) to read “Only one permit per each licensed driver per residence, OR, one permit per registered vehicle per residence (proof of vehicle registration will be required).”
Mr. Comegys moved and Mrs. Cathcart seconded to approve the amendment recommended above. The amendment passed unanimously.
After discussion, Ordinance No. 1902, as amended, was passed unanimously.
ORDINANCE NO. 1903 - 2ND READING - AMENDMENT TO FALSE ALARM ORDINANCE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1903 for second reading. Police Chief Allan Webster highlighted a few items contained in Ordinance No. 1903:
• Alarm companies pay a one time registration fee of $50 (current ordinance requires no fee);
• False Alarm fee will be at the third alarm (occurring within a 12 month period), then a $50 fee will be assessed and will continue to go up in $50 increments until the 14th alarm then a $1,000 fee will be imposed (currently no fee until after the third alarm);
• Fine not paid within 30 days, Finance will initiate a lien on the owner of the property;
• Approval for license will be changed from 60 days to 30 days;
• Eliminated the police department monitor board;
• Will make it a penalty to operate without a license in the City.
Ordinance 1903 for second reading passed on a 3-1 vote with Ms. Siggers voting nay.
PUBLIC HEARING - RESOLUTION NO. 1088 - SOUTH SCHUMAKER DRIVE-ROBERTSON, SCHULTZ & BRITTINGHAM ANNEXATION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1088. Resolution No. 1088, as addressed by Mr. Clay Hall, annexes 1.5 acres (three parcels – one vacant, two single-family) of property located on the northeasterly and southwesterly sides of South Schumaker Drive. The proposed annexation, to be known as the South Schumaker Drive-Robertson, Schultz & Brittingham Annexation will be zoned R-10 Residential. All entrances would be on Schumaker Drive with no impact on traffic. Following the expiration of 45 days, the annexation becomes effective on May 27, 2004.
No public comments were received. Resolution No. 1088 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1089 - HARFORD ROAD/HOMES AT FOXFIELD ADDITION ANNEXATION
Mr. Comegys moved and Ms. Siggers seconded to approve Resolution No. 1089. Resolution No. 1089, as presented by Mr. Clay Hall, annexes .85 acres located on the southerly side of Harford Road to be known as the Harford Road/Homes at Foxfield Addition Annexation. It is a vacant piece of land that will be the access road to the already annexed area, Homes at Foxfield. The entrance/exit will be maintained by Homes at Foxfield. When annexed, the property will be zoned Light Business and Institutional. Following the expiration of 45 days, the annexation becomes effective on May 27, 2004.
No public comments were received. Resolution No. 1089 passed unanimously.
RESOLUTION NO. 1101 - ESTABLISHING A DATE FOR A PUBLIC HEARING - GLEN AVENUE/EAST FIELDS DEVELOPMENT ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1101. Mr. Clay Hall introduced Resolution No. 1101 proposing to annex 16.2 acres located on the southerly side of Glen Avenue to be known as the Glen Avenue/East Fields Development Annexation. The parcel is currently vacant and will have 91 duplex and townhouse unit development. Upon annexation, the property would be zoned R-10A - Residential. A public hearing will be scheduled for May 24, 2004.
Resolution No. 1101, establishing May 24, 2004 for a public hearing on the Glen Avenue/East Fields Development Annexation, passed unanimously.
RESOLUTION NO. 1102 - AUTHORIZING MAYOR TO SIGN JUDICIAL ORDER WITH MARYLAND DEPARTMENT OF ENVIRONMENT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1102. Public Works Director John Jacobs presented Resolution No. 1102 authorizing the Mayor to sign a Judicial Order with the Maryland Department of Environment on behalf of the City. Mr. Jacobs noted the three primary reasons for the Judicial Order: 1) linking the Combined Sewer Overflow Long Term Control Plan to follow all the other Maryland communities; 2) put in the Biological Nutrient Removal (BNR) agreement as a wild card depending on the Flush Tax currently being proposed in the General Assembly (the percentage of nitrogen that could be released into the river could be reduced and it would affect the Judicial Order); and 3) National Pollution Discharge Elimination Permit that is issued by the Federal government and is watched by the State giving the perimeters that waste water must stay within. The Judicial Order would only be used after the City knows what the Flush Tax entails. Mr. Jacobs and Mayor Tilghman explained that the Judicial Order would only come back to the Council if there were major changes.
All voted in favor of Resolution No. 1102, with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1103 - APPROVING DISPOSITION AGREEMENT FOR ULMAN THEATRE PROPERTY (PARKING LOT #15)
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1103. City Solicitor Paul Wilber presented Resolution No. 1103 approving a disposition agreement for the Ulman Theatre property (parking lot #15). The property will be sold to Randolph J. and Anne P. Taylor for $25,000. Mr. Taylor mentioned that the area would be a garden retail center surrounded by a wrought iron fence with three entrances to the property.
Ms. Siggers voiced her concern with the way the disposition of the property was handled.
After further discussion, all voted in favor of Resolution No. 1103 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1104 - ACCEPTING WEED & SEED GRANT FUNDS TO ENHANCE COMMUNITY POLICING
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1104. Police Chief Allan Webster presented Resolution No. 1104 accepting Weed & Seed grant funds of $40,000 to enhance community policing in the Camden, East Church and Westside neighborhoods.
Ms. Siggers did not believe the grassroot neighborhoods were seeing any results from the Weed and Seed funding and asked for documentation on the various programs.
Ms. Shanie Shields related how beneficial the programs have been in the W. Main and Delaware Avenue area (i.e., after school programs for children, keeping drug dealers off the streets). Mr. Hess, from the U.S. Attorney’s Office, voiced that the Weed & Seed program in Salisbury was one of the most successful in the State.
Resolution No. 1104 passed unanimously.
RESOLUTION NO. 1105 - APPROVING LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE CHAMBER OF COMMERCE FOR THE SALISBURY FESTIVAL
Mr. Comegys moved and Ms. Siggers seconded to approve Resolution No. 1105. Executive Officer John Pick presented Resolution No. 1105 approving a lease agreement between the City of Salisbury and the Chamber of Commerce for the Salisbury Festival. Mr. Pick noted that there would be additional police presence and volunteers from organizations assisting during the festival.
Resolution No. 1105 passed unanimously.
RESOLUTION NO. 1106 - APPROVING LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE AMERICAN DIABETES ASSOCIATION FOR THE SALISBURY FESTIVAL
Ms. Siggers moved and Mr. Comegys seconded to approve Resolution No. 1106. Executive Officer John Pick presented Resolution No. 1106 approving a lease agreement between the City of Salisbury and the American Diabetes Association for the Salisbury Festival.
Resolution No. 1106 passed unanimously.
RESOLUTION NO. 1107 - REAPPOINTMENTS TO PLANNING & ZONING COMMISSION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1107. Mayor Barrie Tilghman recommended the reappointment of Mr. James Magill and Mr. Mike Layshock to the Planning & Zoning Commission for a term ending December 2007.
All voted in favor of Resolution No. 1107 with the exception of Ms. Siggers who abstained for lack of information on the reappointments.
RESOLUTION NO. 1108 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1108. Mayor Barrie Tilghman recommended the appointment of Ms. Nancy Carey to the Historic District Commission for a term ending October 2005.
Resolution No. 1108 was unanimously approved.
With no further business, the meeting adjourned at 7:20 p.m.
Assistant City Clerk
Council President