CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES
NOVEMBER 9, 1998
MEETING #22

PRESENT

Mayor Barrie P. Tilghman
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman James Ireton

IN ATTENDANCE

City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Major Jeff Livingston, Fire Chief William Higgins, Finance Director Roger Baskerville, Purchasing Director Carol Turner, C.P.M., CPPB, BHZ Director William Holland, PW Director Wil Elliott, P & Z Director Kristen Mark Hughes and interested Citizens and Members of the Press.

CONVENING - APPROVAL OF MINUTES OCTOBER 26, 1998

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Mr. Gillis called the meeting to order. A moment of silence was held for former Councilman/Council President Robert Powell who passed away on October 26, 1998.

On a motion by Mr. Himelright and seconded by Ms. Siggers, the minutes of October 26, 1998 were unanimously approved.

ELECTION OF CITY COUNCIL PRESIDENT

Mr. Gillis thanked his wife and family for their support, as well as the Council, City Clerk and the City staff. City Solicitor Paul Wilber recommended a procedure for the election process. Mr. Ireton motioned and Mr. Cannon seconded to adopt the procedure as outlined by the City Solicitor.

Mayor Tilghman, as President Pro Tempore, asked for nominations. Mr. Himelright nominated Mr. Bob Cannon (seconded by Mr. Ireton) and Mr. Gillis nominated Ms. Lavonzella Siggers for Council President. No other nominations were received. The vote was taken in order of nomination. Mr. Cannon received three votes, Messrs. Himelright, Ireton and Cannon, and was declared President of the Salisbury City Council.

Mr. Cannon then resigned as Vice President of the City Council and opened the floor for nominations for that position. Mr. Ireton nominated Mr. Frank Himelright for Vice President. With no other nominations, Mr. Himelright was elected the Vice President of the City Council with votes from Messrs. Gillis, Ireton and Cannon.

PRESENTATION OF FISCAL YEAR 1998 AUDIT REPORT

Mr. Jim Pigg, Mr. Boyd Bounds and Ms. Susan Keen, auditors from the accounting firm of Pigg, Krahl, Stern & Co., P.A., presented an overview of the City's Fiscal Year 1998 Audit Report. A copy of the financial highlights as presented by the auditors is attached and made a part of these minutes. Mr. Pigg reported that an unqualified or clean opinion on the financial statements was issued by the firm. The City remains in good financial condition.

ORDINANCE NO. 1698 - 2ND READING - ORDINANCE PERMIT FOR DAY CARE CENTER ON DELAWARE AVENUE

Mr. Ireton motioned and Mr. Gillis seconded to approve Ordinance No. 1698 to bring it on the floor for discussion. Planning & Zoning Director Kris Hughes, Mr. John Seipp, counsel for the Church, and Rev. John Kennedy joined Council for discussion of Ordinance No. 1698, an ordinance permit authorizing St. Paul A.M.E. Zion Church to operate a day care center at 410 Delaware Avenue in an R-5 residential district.

Mr. Hughes reported that the Board of Zoning Appeals met on November 5, 1998 and approved the variance request - a 15 ft. setback variance from Catherine Street, a 14 ft. setback variance from Delaware Avenue and a 10 ft. landscaping/screening area variance subject to the condition that the parking lot on the northerly side of the Church property be cleaned and restriped.

After a brief discussion clarifying that the play area and the parking layout are in compliance, Ordinance No. 1698 for second reading passed unanimously.

RESOLUTION NO. 620 - PUBLIC HEARING - RESOLUTION OF SUPPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION - SALISBURY NEIGHBORHOOD HOUSING SERVICE

Mr. Ireton motioned and Ms. Siggers seconded to approve Resolution No. 620 to bring it on the floor for discussion. Resolution No. 620, as introduced by Ms. Debbie Campbell and Ms. Cheryl Jones from Salisbury Neighborhood Housing Service (SNHS), is a resolution of support for SNHS' grant application for Community Development Block Grant funds ($200,000). The funds are anticipated to be received in the Spring of 1999.

After discussion, Mr. Gillis motioned to amend Resolution No. 620, in the Be It Further Resolved paragraph, by changing submission of the grant application to submission of this grant application. Mr. Himelright seconded and the vote was unanimous. Resolution No. 620, as amended, passed unanimously.

REQUEST FOR RESIDENTIAL PERMIT PARKING ON S. DIVISION STREET BETWEEN KENDALL AND VAN BUREN

Mrs. Carol Turner presented Mr. Robert Ennis' request for a new residential permit parking area for south Division Street between Kendall and Van Buren. There are three homes on the east side of S. Division Street between Kendall and Van Buren. Two of the residences have driveways and garages which open onto other streets. The residence on 835 S. Division has a driveway opening onto S. Division Street. The residents in the area complained about having their driveways blocked by college students. College students live at 828 S. Division Street which does not have parking in the back and they are forced to park on the east side of S. Division Street. The west side of S. Division Street is no parking.

Mr. Himelright opined that there appeared to be enough room on the back of the property of 828 S. Division Street. If this could be worked out, this would eliminate the problem of permitting. He suggested tabling the request in order to determine if the owner would be interested in converting the back of the lot for parking.

Concerns raised by Mr. Gene Groten, Mr. Hailey (205 New York Avenue), Mr. Bill Martin and Mr. Richard Insley included: 1) street too narrow, 2) present signs are not clear; and 3) parking issue should not be addressed one block at a time, but on a broader approach for the neighborhood.

After further discussion, Mr. Himelright motioned to table the request and asked the Public Works Department to see if more no parking signs are needed. Ms. Siggers seconded the motion. Mr. Ireton commented that even though it was a good idea to ask the property owner to provide parking on the back of the property, it still would not alleviate the number of cars showing up for parties. He suggested that the residents come back before Council if they still want a parking district created for that area.

On the motion to table, the vote was unanimous.

APPOINTMENTS TO BOARD OF ZONING APPEALS

Mayor Tilghman recommended the reappointment of Patricia Layton and Don Spicer for three year terms and the appointment of Thomas Arceneaux, Sr. for a three year term as an alternate. After a brief discussion, the vote was unanimous approving the appointments as recommended.

AWARD OF BIDS

The following items were presented for approval by Purchasing Director Carol Turner, C.P.M., CPPB:

1. Declaration of Surplus . . . . . . . . . . . . . . . . . . .-0-
2. Shell Cutter for Mueller Drilling Machine (601-3705-532.70-28)
Water Works Supply of Virginia . . . . . . . . . . . $ 1,242.50
3. Professional Services (601-3801-531.33-01)
McGuire, Woods, Battle & Boothe LLP . . . . . . . . . $ 1,491.25
4. Professional Services (001-1701-515.33-01)
Robert A. Eaton . . . . . . . . . . . . . . . . . . . $ 3,146.00
5. Bulk Solar Salt - Highway Deicing
State Contract No. 001B9900398 (001-3205-532.60-04)
Oceanport Industries, Inc. . . . . . . . . . . . . . $10,000.00
6. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . . . $11,713.67
7. Contract No. A-4-99
Public Works Rental Uniforms (Various Accounts)
Bardusch . . . . . . . . . . . . . . . . . . . . . . $17,443.92

After discussion, on a motion by Mr. Ireton and seconded by Ms. Siggers, the vote was unanimous approving the above items.

MAYOR'S COMMENTS

Mayor Tilghman commented on the seminar she attended in Annapolis regarding downtowns.

PUBLIC COMMENTS

Mr. Gene Groton expressed concern with the foot patrol being taken away from the Church Street area. Rev. Daniel Appleby, in support of Councilwoman Siggers, asked that she be treated with the same level of respect and courtesy as the rest of the Councilmembers. Mr. Robert Taylor inquired on the status of the discussion of a City-Manager type of government.

With no further business, the meeting adjourned at 8:15 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION NOVEMBER 18, 1998

TIME & PLACE: November 18, 1998, 6:07 p.m., Room 302 - City/County Government Building
PURPOSE: Status of taxpayers' lawsuit and Canal Woods
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(7)
PRESENT: Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Jim Ireton, City Clerk Brenda Colegrove, Executive Officer John Pick and City Solicitor Paul Wilber

At 6:07 p.m., in Room 302 of the City/County Government Building, Mr. Gillis motioned to convene into closed session for the purpose of discussing the taxpayers' lawsuit and Canal Woods issues. Mr. Ireton seconded the motion and the vote was unanimous.

A status report was given by City Solicitor Paul Wilber on the above issues. After discussion and consulting with Mr. Wilber, the City Solicitor was given direction by Council on how to proceed on both matters.

At 7:35 p.m., Mr. Himelright motioned to adjourn the closed session and reconvene into open session. Mr. Gillis seconded and the vote was unanimous.

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125 N. Division St.
Salisbury, MD 21801-4940
mchurch@ci.salisbury.md.us