CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES NOVEMBER 23, 1998 MEETING #23

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

CONVENING - APPROVAL OF MINUTES NOVEMBER 9, 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. Council President Cannon called the meeting to order.

On a motion by Mr. Ireton and seconded by Mr. Himelright, the minutes of November 9, 1998 were unanimously approved.

ORDINANCE NO. 1699 - PUBLIC HEARING - 1ST READING - ORDINANCE PERMIT FOR DAY CARE CENTER AT 228 FLORIDA AVENUE

Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1699 to bring it on the floor for discussion. Planning & Zoning Planner Gloria Smith introduced Ordinance No. 1699 as an Ordinance Permit authorizing Caritha Clarke-Nutt/C.A.N. Toddler Academy to operate a day care center at 228 Florida Avenue in a Neighborhood Business District.

The Salisbury Planning Commission forwarded a favorable recommendation to the City Council for approval subject to the following conditions: 1) the outside play area shall be screened in accordance with Code requirements; and 2) the applicants shall provide a copy of the executed lease agreement for the triangle of land completing the play area for the Commission's case files.

Ms. Siggers questioned if the pilot 24 hour program would take place and why the Ordinance Permit only referred to Mrs. Nutt (most of the documentation referred to both Mr. and Mrs. Nutt). Ms. Smith reported that the applicants have the support from the Child Care Administration and Social Services for a 24 hour program. Mr. Cannon suggested that the City Solicitor review to determine if both names are required on the Ordinance Permit.

Mr. Ireton questioned the children's safety for a 24 hour program and asked for crime statistics in that area. Col. Guthrie reported that statistics were run in August which indicated that crime was down at that time.

In response to Mr. Gillis' inquiry, Ms. Smith related that a draft lease agreement was received by fax. The applicants were waiting to see if the Ordinance Permit was approved before executing a lease.

After further discussion, Ordinance No. 1699 for first reading passed unanimously.

ORDINANCE NO. 1700 - PUBLIC HEARING - 1ST READING - ORDINANCE PERMIT FOR ACTION BILLIARDS

Mr. Himelright motioned and Mr. Gillis seconded to approve Ordinance No. 1700 to bring it on the floor for discussion. Ordinance No. 1700, as presented by Planning & Zoning Planner Gloria Smith, is an Ordinance Permit amending conditions imposed in Ordinance Permit #1574 for John Moody to expand the indoor recreational establishment known as Action Billiards located at 1009 S. Salisbury Boulevard in the General Commercial District.

The Salisbury Planning Commission forwarded a favorable recommendation to the City Council subject to the following conditions: 1) a revised parking plan shall be submitted to the Planning Staff for review and approval; and 2) the refuse disposal area shall be screened in accordance with Code requirements. The applicants propose to expand the current operation by enlarging the kitchen to offer a full-service menu and creating a lounge area for serving cocktails with dinner.

Ms. Siggers pointed out an inconsistency where the applicant, John Moody, is the only name on the Ordinance Permit, but Pat Scott is included on the other documentation.

Ms. Smith reported that at the time the Staff Report was written for the Planning Commission, the applicants were anticipating sharing parking with two other businesses next door. By the time the Planning Commission public hearing occurred, the applicants found out they could not get shared parking agreements. However, the applicants' parking lot can be restriped to accommodate the required number of parking spaces.

After further discussion, including the serving of alcohol on the premises and correcting grammatical errors on the second page of the Ordinance, Ordinance No. 1700 for first reading passed unanimously.

RESOLUTION NO. 621 - ENTERPRISE ZONE ELIGIBILITY - RELCOMM TECHNOLOGIES

Ms. Siggers motioned and Mr. Himelright seconded to approve Resolution No. 621 to bring it on the floor for discussion. Executive Officer John Pick presented RelComm's request for Enterprise Zone benefits. RelComm meets all of the qualifications to be designated for these benefits. The company met the eligibility requirements for Enterprise Zone benefits in April 1995, but did not take advantage of the benefits because they were unaware of the program. It is possible for the income tax credit to be retroactive, but not the property tax credit.

After discussing how to make businesses aware of the Enterprise Zone benefits, Resolution No. 621 passed unanimously.

RENEWAL OF GOING OUT OF BUSINESS LICENSE FOR KINNEY'S SHOES

City Clerk Brenda Colegrove presented Kinney's Shoes request for an additional thirty days to dispose of their inventory. After a brief discussion, Council unanimously agreed to grant the renewal of the license. Mr. Gillis asked Council to consider changing the requirement of coming to Council for the renewal. This will be discussed in a future work session.

AWARD OF BIDS

No bids were presented.

MAYOR'S COMMENTS

Mayor Tilghman gave an update on issues being addressed in each department over the last several weeks as well as the Compact with Salisbury State University.

PUBLIC COMMENTS

Mr. Joe Olinger inquired on the status of the water parks presentation and the MIS Director position. Ms. Debbie Campbell commented on the loud student parties being held in her neighborhood and referred to a particular instance at 808 Camden Avenue. A video tape was recorded of the events taking place after she called the police. Col. Guthrie related that eight civil citations were issued that particular night.

Ms. Sue Piper commented on a recent problem involving a student party in her area. The police responded and the Mayor subsequently spoke with the students. Since that instance, it has been quiet.

Mr. Jack Powell distributed a request to have City and County meetings held at night so more working men and women can attend. Mr. Pat Hannon voiced his opinion on the City's participation in the Northeast Collector Road. Ms. Sharon Lloyd commented on the cracker box houses in her neighborhood and inquired if any zoning changes were going to be made to correct the problem. Mr. Robert Cannon, Sr. related his experience with a noise complaint and commended the police for responding so quickly.

Mayor Tilghman recognized the scouts from Troop #223 in Hebron who were attending the meeting earning credits toward their merit badges.

Ms. Siggers commented on the successful food drive directed by Ms. Bernie Greene for the benefit of the Joseph House. They raised over 8,000 pounds of food plus clothing items. The Magi Festival sponsored by Ms. Bonnie Luna was also very successful in generating over $255,000 for the Joseph House and the Christian Shelter.

After the conclusion of the regular agenda at 8:27 p.m., the video provided by Ms. Campbell was reviewed.

Council adjourned at 8:40 p.m.

CITY OF SALISBURY, MARYLAND CLOSED EXECUTIVE SESSION

TIME & PLACE: 11:50 a.m., December 9, 1998, Room 301 - City/County Government Building
PURPOSE: Police Chief hiring
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(i)(ii)
PRESENT: Mayor Barrie Tilghman, Council President Robert Cannon, Council Vice President Frank Himelright, Councilwoman Lavonzella Siggers, Councilman Palmer Gillis, Councilman Jim Ireton, City Clerk Brenda Colegrove and Executive Officer John Pick

At 11:50 a.m., Mr. Himelright motioned to convene into Closed Executive Session to discuss a personnel issue, police chief hiring, as permitted under the Annotated Code of Maryland Section 10-508(a)(i)(ii). Mr. Ireton seconded and the vote was unanimous.

After discussion of the Mayor's recommendation, Mr. Gillis motioned to adjourn at 12:05 p.m. and reconvene into open session. Ms. Siggers seconded and the vote was unanimous.