CITY OF SALISBURY, MARYLAND
#21 MEETING NOVEMBER 8, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Deputy Fire Chief Tim Keenan, Captain Ray Ulm , 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 President Dunn called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited. On a motion by Mr. Comegys, and seconded by Mr. Day, the agenda, as presented, was unanimously approved.
APPROVAL OF OCTOBER 25, 2004 MINUTES
The October 25, 2004 minutes were unanimously approved upon a motion and a second by Mrs. Cathcart and Mr. Comegys, respectively.
ORDINANCE NO. 1913 - 2ND READING - AMENDING CHAPTER 8.20, NOISE, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1913 for second reading. Captain Ray Ulm presented Ordinance No. 1913 amending Chapter 8.20, Noise, of the Salisbury Municipal Code clarifying the prohibited conduct.
A discussion ensued concerning the issuance of a warning versus a citation for yelling, shouting, etc. audible at a distance of 50 feet between the hours of 11:00 p.m. and 7:00 a.m. Ms. Siggers believed it was reasonable to issue a warning first in order to bring the conduct into compliance. She mentioned that in her community they may call all night long and not get a response. Captain Ulm reported that each officer has a degree of discretion on whether to issue a warning or citation.
Ms. Siggers moved to amend page 4, D.1, to add the phrase “after having been warned to quiet or cease such noise making” at the end of the sentence. Mrs. Cathcart seconded. The amendment failed on a 1-4 vote (Ms. Siggers voted aye). Ordinance No. 1913 for second reading passed unanimously.
ORDINANCE NO. 1914 - 1ST READING - BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR PURCHASING TURNOUT GEAR
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1914 for first reading. Deputy Fire Chief Tim Keenan introduced Ordinance No. 1914 amending the FY05 General Fund budget to provide for the deposit of monies ($14,500) generated by the sale of a surplus Fire Department vehicle for use to purchase personal protective equipment (turnout gear).
Ordinance No. 1914 for first reading passed unanimously.
ORDINANCE NO. 1915 - 1ST READING - AMENDING SECTION 12.32.020 OF THE SALISBURY MUNICIPAL CODE TO ALLOW WEST MAIN STREET FROM MARKET STREET TO DIVISION STREET TO REMAIN OPEN AS A STREET
Mr. Comegys moved and Ms. Siggers seconded to approve Ordinance No. 1915 for first reading. Public Works Director John Jacobs presented Ordinance No. 1915 amending Section 12.32.020 of the Salisbury Municipal Code to allow West Main Street from Market Street to Division Street to remain open as a street for an indefinite period. A report to the City Council would be submitted by the Office of the Mayor no later than November 1st on an annual basis.
Mr. Mike Wigley, representing Urban Salisbury, recommended keeping the Plaza open to vehicular traffic, maintaining the Plaza so it remains a gem for visitors, and reversing the traffic flow.
Mr. Day did not see the need for an annual report with a November 1st deadline and, therefore, moved to strike that language in paragraph A of the Ordinance. The motion died for lack of a second.
Mr. Robert Taylor voiced his opposition (and his wife’s) in allowing the Plaza to remain open. In his opinion, it was a forerunner to spending a lot of money on the Downtown Plaza for the benefit of a special interest group rather than the public’s interest.
Mr. Tom Becker reported that, not only did the sales tax increase 168%, but the 37 apartments in the two-block area of the Plaza were fully occupied. In addition, over 100 apartments are being planned for Downtown (not just the two-block area).
After further discussion, Ordinance No. 1915 for first reading was unanimously approved.
ORDINANCE NO. 1916 - 1ST READING - AMENDING PROVISIONS IN CHAPTER 17.52, ARTICLE II HISTORIC DISTRICT COMMISSION, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1916 for first reading. City Solicitor Paul Wilber introduced Ordinance No. 1916 and summarized the proposed amendments to Chapter 17.52, Article II Historic District Commission, to bring it into compliance with State law (i.e., definitions, provisions regarding application process, enforcement, routine maintenance and severability, giving Council power to designate a site or structure deemed to be of historic or other significance, modifying appointment of members, modifying powers and duties of the Commission).
After discussion, Ordinance No. 1916 was unanimously approved.
ORDINANCE NO. 1917 - 1ST READING - AMENDING CHAPTER 2.04, ETHICS, OF THE SALISBURY MUNICIPAL CODE
Mr. Day moved and Mrs. Cathcart seconded to approve Ordinance No. 1917 for first reading. Ordinance No. 1917, as addressed by City Solicitor Paul Wilber, amends Chapter 2.04, Ethics, of the Salisbury Municipal Code by increasing the membership of the Ethics Commission from three to five members with staggered terms, requiring members of the Commission to be City residents, and clarifying a direct financial impact versus indirect financial impact.
Ordinance No. 1917 for first reading passed unanimously.
RESOLUTION NO. 1166 - CONFIRMING THE AUTHORITY OF THE DIRECTOR OF BUILDING, HOUSING & ZONING WITH REGARD TO TEMPORARY SIGNS
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1166. Director of Building, Housing & Zoning William Holland presented Resolution No. 1166 which confirms his authority to allow nonprofit, civic and cultural organizations to erect temporary signs. The signs would be allowed to be placed only on private property with the permission of the property owner within three weeks prior to the scheduled event and be removed within forty-eight hours after the conclusion of the event.
After a brief discussion regarding flyers tacked on utility poles and a sign placed in front of the Police Department advertising the Autumn Wine Fest, Resolution No. 1166 passed unanimously.
RESOLUTION NO. 1167 - REAPPOINTMENTS TO ZOO COMMISSION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1167. Mayor Tilghman recommended the reappointments of Margot Hall and Paul Kratzer to the Zoo Commission with terms expiring December 31, 2007.
Resolution No. 1167 was unanimously approved.
(The Council took a break at 7:02 p.m. and reconvened at 7:08 p.m.)
PUBLIC HEARING - BEAVERDAM CREEK BANK STABILIZATION PROJECT
Public Works Director John Jacobs and Messrs. Alan Girard and Rob Schnable from the Chesapeake Bay Foundation provided a power point presentation on the alternatives (bio-logs, rip-rap or a combination of the two) for bank stabilization of the Beaverdam Creek located in the City Park. Testimony favoring the bio-logs concept was received from representatives of Wicomico County Recreation and Parks (used at Roaring Point Park), Chamber of Commerce Environmental Affairs Committee, Wicomico Environmental Trust, Friends of the Nanticoke River and residents.
Mr. Comegys preferred more public input before making a decision and suggested placing the pictures on the City’s web site and in City Hall. He liked the idea of a combination of rip-rap and bio-logs. Mr. Day was concerned with the lowest area in the Park during high velocity incidents. Mr. Dunn inquired if a demonstration area utilizing the bio-logs could be done. Mrs. Cathcart suggested looking at the Roaring Point project and having the Park Committee look at the presentation as well. Ms. Siggers questioned what time of year the bio-log, vegetative shoreline should be done. Mayor Tilghman mentioned that the biggest concern for citizens was changing the appearance of the Park. She asked Mr. Schnable to recommend a project that closely resembled the size and scale of the City Park in order to arrange a site visit.
With no further business, the meeting adjourned at 8:19 p.m.
City Clerk
Council President