CITY OF SALISBURY, MARYLAND
#20 MEETING OCTOBER 25, 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, Executive Officer John Pick, ICMA-CM, City Solicitor Paul Wilber, Fire Chief David See, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, 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. A moment of silence was held in memory of former Council member Norman Holland who passed away last week. Reverend J. Harvey Dixon led the audience in The Lord's Prayer and the Pledge of Allegiance was recited. The agenda, as presented, was unanimously approved upon a motion and a second by Mr. Comegys and Ms. Siggers, respectively.
PROCLAMATION
Mayor Tilghman presented a proclamation to Reverend J. Harvey Dixon in recognition of his many years of dedicated service to the Salisbury Fire Department and his community.
APPROVAL OF OCTOBER 11, 2004 MINUTES
On a motion by Mrs. Cathcart and seconded by Mr. Comegys, the minutes of October 11, 2004 were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Comegys seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. Declaration of surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
1980 1-ton dump truck
2004 4-door police intercepter & personal computer
2. Two computers (12800-577035; over budget) . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,532.00
Gateway Business
3. Project No. 5122; Change Order No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $10,130.00
Water Plant - Park Well No. 6 Replacement (81080-513020)
Davis Bowen & Friedel, Inc.
4. Surplus Rescue 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$14,500.00
Fire Master Fire Apparatus
The above items were unanimously approved.
PUBLIC HEARING - RESOLUTION NO. 1159 - COMCAST RATE FILING
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1159. Executive Officer John Pick explained that Resolution No. 1159 approves the calculation of the maximum permitted rates for limited basic service and regulated equipment rates and installation charges as set forth in Comcast’s rate filing of July 29, 2004 (forms 1240 and 1205). The maximum rates are effective November 1, 2004. The maximum permitted rate for limited basic service decreases from $24.22 to $17.88 a month. Comcast, however, plans to charge $17.15 for this service. Comcast representative Tom Worley noted that the rates would not be increasing at this time to the maximum level for the equipment and installation charges. It is the maximum allowed to be charged under this filing.
No public comments were received. Resolution No. 1159 passed unanimously.
ORDINANCE NO. 1913 - 1ST READING - AMENDING CHAPTER 8.20, NOISE, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1913 for first reading. Police Chief Allan Webster provided an overview of the proposed changes to the noise provisions as contained in Ordinance No. 1913:
• clarified that it is unlawful for a person to create unreasonably loud noises;
• added language to prohibit the disturbing use of radios, phonographs, etc. on any street or other public way;
• amended language by prohibiting yelling and shouting between the hours of 11:00 p.m. and 7:00 a.m. that can be heard at a distance of 50 feet or greater; if yelling or shouting is disturbing people between the hours of 11:00 p.m. and 7:00 a.m., but can only be heard when closer than 50 feet, the person making the noise is entitled to a warning before being cited; and
• deleted some paragraphs prohibiting specific types of noises which were outdated or duplication of noises covered by other sections (i.e., hawkers and peddlers shouting on the street is covered elsewhere in the Ordinance).
Ordinance No. 1913 for first reading passed unanimously.
RESOLUTION NO. 1160 - ACCEPTING GRANT FUNDS AWARDED THROUGH A BYRNE MEMORIAL GRANT
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1160. Resolution No. 1160, as introduced by Police Chief Allan Webster, accepts $48,375 in state grant funds awarded through a Byrne Memorial Grant from the Governor’s Office of Crime Control and Prevention. The grant will be used to fund a civilian position of Crime Data Analyst and to purchase equipment to reduce Part I crimes and provide prevention information to citizens in the community.
Resolution No. 1160 was unanimously approved.
RESOLUTION NO. 1161 - ACCEPTING GRANT FUNDS AWARDED THROUGH THE LOCAL LAW ENFORCEMENT BLOCK GRANT
Ms. Siggers moved and Mr. Comegys seconded to approve Resolution No. 1161. Police Chief Allan Webster presented Resolution No. 1161 accepting $36,520 in federal funds awarded through the Local Law Enforcement Block Grant to enhance the communications network of the Police Department.
Resolution No. 1161 passed unanimously.
RESOLUTION NO. 1162 - EXTENDING THE STUDY PERIOD AN ADDITIONAL SIX MONTHS FOR THE DOWNTOWN DEVELOPMENT PROPOSAL OF LOT #1
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1162. Director of Procurement & Parking Carol Turner addressed Resolution No. 1162 which extends the time of the study and negotiation period for the development of Lot #1 by Palmer Gillis and Tony Gilkerson for an additional six months.
Mr. Gillis reported that a year ago they were proposing a mixed use facility (student housing, parking and office/retail). However, he could not obtain the necessary support from the University to make the project work. They are now looking at partnering with another development firm on this project, but developing units for fair market housing rather than student housing. If this partnership does not come to fruition, the proposal may be withdrawn.
Resolution No. 1162 was unanimously approved.
RESOLUTION NO. 1163 - APPOINTMENTS TO BOARD OF DIRECTORS OF THE FRIENDS OF POPLAR HILL MANSION
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1163. Mayor Tilghman recommended the following appointments to the Board of Directors of the Friends of Poplar Hill Mansion:
Name Term Expires
David McLeod 12/31/05
Marshall Zugehar 12/31/06
Mary Zugehar 12/31/06
Stephen Bassford 12/31/07
Tammy Gharbi 12/31/07
Ms. Siggers asked for clarification on whether there was any prohibition on a husband and wife serving on the committee. Mr. Day pointed out that they actually replace a couple who moved out of the area. Resolution No. 1163 passed unanimously.
RESOLUTION NO. 1164 - APPOINTMENT TO TRAFFIC AND SAFETY ADVISORY COMMITTEE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1164. Mayor Tilghman recommended the appointment of Elliott Neal White to the Traffic and Safety Advisory Committee for a term ending July 2007.
Resolution No. 1164 was unanimously approved.
RESOLUTION NO. 1165 - REAPPOINTMENT TO ETHICS COMMISSION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1165. Mayor Tilghman recommended the reappointment of Norman C. Lyster to the Ethics Commission.
Resolution No. 1165 passed unanimously.
(The Council took a break at 6:45 p.m. and reconvened at 6:50 p.m.)
PUBLIC HEARING - 4 TO 2 LEGISLATION
Testimony was received from twenty-three citizens voicing their support or non-support of the 4 to 2 legislation. Highlights of those comments included:
• legislation will impact the socio-economic disadvantaged neighborhoods the most;
• legislation will increase homelessness;
• legislation will increase the number of rental units needed;
• will make it harder on the inspection staff to prove who is related or not;
• discriminates against the poor and disadvantaged;
• provides a hardship to persons on fixed incomes;
• discrimination lawsuits challenging the legislation;
• requested that the grandfather clause not sunset so properties currently renting to four unrelated individuals can continue;
• concern that the legislation impacts the mentally and physically disabled clients (three unrelated and one counselor living together);
• should put more emphasis on enforcing the noise, parking and trash ordinances;
• may decrease the number of students coming to Salisbury University;
• doesn’t affect the mentally and physically disabled – federal law protects them;
• parents of college students purchasing the single-family homes to turn into a business;
• college did poor job of informing students of the law;
• referenced a success story of a home on the corner of Druid Hill and Taney Avenue;
• modify legislation, if necessary, to prevent hardships;
• City missing out on an opportunity to harness the economic power of the people who own the rental properties by limiting the number of people who can rent to just two unrelated people;
• supports 4 to 2 - keep legislation in place;
• young people cannot purchase smaller homes because the landlords are buying them;
• number of laws already on the books to address the situation;
• believed absentee landlords were the problem;
• 4 to 2 best for the city;
• college needs to build more dorms; need for more student housing off-campus;
• ordinance will not improve behavioral problems, but will create financial problems;
• list of signatures distributed supporting 4 to 2;
• not in favor of grandfathering;
• City needs to enforce residential zoning;
• need to preserve single-family neighborhoods;
• believes problem to be a zoning issue;
• concern if shrunk into a smaller district – overlay district;
• grandfathering/sunset provision was done to give a phase-in period ( 2 ½ years);
• suggested rezoning some areas; and
• City way behind in doing a comprehensive rezoning.
With no further business, the meeting adjourned at 8:26 p.m.
City Clerk
Council President