CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES MARCH 22, 1999 MEETING #6

PRESENT

Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman James Ireton

IN ATTENDANCE

ABSENT

CONVENING - APPROVAL OF MINUTES MARCH 8, 1999

The Salisbury City 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. Himelright and seconded by Mr. Ireton, the minutes of March 8, 1999 were unanimously approved.

APPROVAL OF LEASE FOR EASTER SEALS SOCIETY OF DEL-MAR, INC.

Mr. Ireton motioned and Mr. Himelright seconded to add the approval of the lease for the Easter Seals Society of Del-Mar, Inc. to the agenda as an emergency item. All voted in favor with the exception of Ms. Siggers who voted nay.

Mr. Himelright motioned and Mr. Ireton seconded to approve the lease for the Easter Seals Society of Del-Mar, Inc. to bring it on the floor for discussion. The Easter Seals Society requested to use a portion of parking Lot #10 for the Healthy Kids Carnival for the period of March 25, 1999 through March 28, 1999 at $1.00 per day.

Mr. Himelright motioned to amend the lease by changing the Landlord's signature to the Council President since Mayor Tilghman was out of town. City Solicitor Paul Wilber opined that it would be appropriate for the Council President to sign since the request is for four days and has to come before Council for approval. Mr. Gillis seconded the motion. All voted in favor of the amendment with the exception of Ms. Siggers who voted nay.

Ms. Siggers expressed her displeasure with Mr. Conklin's reasons for not wanting the carnival on the West Side of Salisbury. Mr. Ken Conklin, coordinator for the carnival, and Ms. Beverly Ward, Site Coordinator of the Easter Seals Society, explained their reasons for seeking the Lot #10 site rather than the marina or Salisbury Plaza (i.e., Lot #10 more centralized site; marina site would not be suitable for wheelchairs; no police protection offered for the Salisbury Plaza area).

After further discussion, Mr. Himelright called for the question. All voted in favor of approving the lease to the Easter Seals Society, Del-Mar, Inc. for the Healthy Kids Carnival on Lot #10 with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1704 - 2ND READING - INTERIOR FURNISHINGS LEFT ON OPEN PORCHES

Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1704 to bring it on the floor for discussion. BHZ Director Holland presented Ordinance No. 1704 amending Section 15.24.570 of the Salisbury Municipal Code relating to the removal of interior types of furnishings on open porches or in front yards. The ordinance will take effect October 1, 1999.

Ms. Siggers reiterated her concern with the short period of time allowed to remove the items. With no further discussion, all voted in favor of Ordinance No. 1704 for second reading with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1718 - 2ND READING - PROSTITUTION ORDINANCE

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1718 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie briefed Council on Ordinance No. 1718 which repeals Sections 9.08.170, 9.08.180, 9.08.190 and 9.08.200 of the Salisbury Municipal Code and replaces it with Section 9.08.170 Prostitution. The ordinance will take effect upon final passage.

After a brief discussion, Ordinance No. 1718 for second reading passed unanimously.

ORDINANCE NO. 1719 - 2ND READING - OPEN CONTAINER ORDINANCE

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1719 to bring it on the floor for discussion. Ordinance No. 1719, as outlined by Acting Police Chief Ed Guthrie, prohibits the possession of open containers of alcoholic beverages except by permit for special events or on public property adjacent to the proposed marina restaurant site. The ordinance will take effect upon final passage by Council.

After a brief discussion including clarifying the boundaries of the potential restaurant site, Ordinance No. 1719 for second reading passed unanimously.

ORDINANCE NO. 1720 - 1ST READING - PROHIBITING VEHICLES PARKED IN FRONT YARDS

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1720 to bring it on the floor for discussion. BHZ Director Bill Holland introduced Ordinance No. 1720 as an amendment to Sections 17.156.060(D) and 17.160.060(D) of the Salisbury Municipal Code to provide for parking violations for motor vehicles parked on front yards outside of driveways or designated parking areas. The ordinance will take effect on October 1, 1999.

Mr. Cannon requested that the numbering in the ordinance be amended for Section 17.156.060(D) - #2 becomes 2 under the D1a, #3 becomes 3 under the D1a and #4 becomes #2. The same adjustment should be made to Section 17.160.060(D).

A discussion ensued concerning whether to include the amount of the fine in the ordinance. Finance Director Roger Baskerville thought it would be easier if the fine was included in the ordinance to eliminate copying two separate ordinances if someone requested a copy of the enabling legislation. Planning & Zoning Director Kris Hughes pointed out that if it was moved to a separate section, authority would not derive from Article 66B, so the legal defense for defending or prosecuting the cases would change. Mr. Hughes opined that if Council wanted it to be a zoning infraction, which would enable you to ticket or file for an injunction through civil action, then Council may want to consider putting the fine in the ordinance.

The City Solicitor noted there was a section in the Code depicting the fines for parking violations and recommended that it remain that way for simplicity and consistency with all other parking citations. The fine would be $10.00. Mr. Cannon asked Messrs. Baskerville, Hughes and Wilber to discuss this issue before the second reading. Ms. Siggers voiced her concern with fining persons when there was a problem with parking in some areas.

After further discussion, all voted in favor of Ordinance No. 1720 for first reading with the exception of Ms. Siggers who voted nay.

RESOLUTION NO. 631 - ONLEY ROAD/CEDAR CROSSING ANNEXATION

Mr. Himelright motioned and Mr. Gillis seconded to approve Resolution No. 631 to bring it on the floor for discussion. Public Works Director Wil Elliott presented the Onley Road/Cedar Crossing Annexation which is contiguous to and binding upon the southerly corporate limits of the City. The annexation was advertised as required by law and will take effect upon the expiration of forty-five days following final passage subject to the right of referendum.

After a brief discussion, Resolution No. 631 passed unanimously.

FLOOD PROOF VARIANCE REQUEST - CHESAPEAKE EAST

Mr. Gillis disclosed that he would be abstaining on this issue. BHZ Director Bill Holland presented John Orth and Dana Simson's flood proofing variance request for their business, Chesapeake East (formerly the Franklin Hotel). According to Mr. Holland, the owners have demonstrated the practical impossibility of meeting the watertight standards and have provided a sufficient alternative.

Public Works Director Wil Elliott noted that the installation of the tide flow valves has substantially reduced the elevation of the water that would penetrate into that area and the probability of the building being flooded is minor.

After further discussion, all voted in favor of granting the variance request with the exception of Mr. Gillis who abstained.

REQUEST FOR ADDITIONAL THIRTY DAYS FOR CLOSE-OUT SALE - SERVICE MERCHANDISE

City Clerk Brenda Colegrove presented Service Merchandise's request for an additional thirty days to conduct a close-out sale at their 2410 N. Salisbury Blvd. location. The vote was unanimous to grant the request.

Mr. Gillis requested that close-out sales be addressed in a work session to discuss eliminating Council's role in the process.

MANUFACTURING EXEMPTION REQUEST - KOGAN & ROTH, INC.

Mr. Gillis motioned and Mr. Ireton seconded to approve Kogan & Roth, Inc.'s request for a manufacturing exemption to bring it on the floor for discussion. Finance Director Roger Baskerville submitted Kogan & Roth, Inc.'s request and recommended that a five-year exemption be granted for equipment purchased in calendar year 1996, beginning with tax year July 1, 1998 - June 30, 1999.

The vote was unanimous approving Kogan & Roth, Inc.'s manufacturing exemption request.

MANUFACTURING EXEMPTION REQUEST - ADVANTAGE COLOR LABS

Mr. Himelright motioned and Mr. Ireton seconded to approve Advantage Color Labs' request for a manufacturing exemption to bring it on the floor for discussion. Finance Director Roger Baskerville presented Advantage Color Labs' request and recommended that a five-year exemption be granted for equipment purchased in calendar years 1996 and a three year exemption for equipment purchased in calendar year 1995 beginning with tax year July 1, 1998 - June 30, 1999.

The vote was unanimous approving the manufacturing exemption request for Advantage Color Labs.

AWARD OF BIDS

The following item was presented for approval by Director of Procurement & Parking Carol Turner, C.P.M., CPPB:

1. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . .$9,041.47

Upon a motion by Mr. Himelright, seconded by Mr. Ireton, the Council unanimously approved adding the following item to the Award of Bids as an emergency item:

Digital Voice Logger Repairs (001-2115-521.43-02)
AAT Communications Corporation . . . . . . . . . .$2,522.50

After a brief discussion, upon a motion by Mr. Himelright and seconded by Mr. Ireton, the above two items were unanimously approved.

MAYOR'S COMMENTS

No comments.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

No comments.

With no further business, the meeting adjourned at 8:20 p.m.

City Clerk

Council President