CITY OF SALISBURY, MARYLAND
#18 MEETING SEPTEMBER 27, 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, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Director of Planning & Zoning Jack Lenox, Director of Community Development Deborah Stam, 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. The Lord's Prayer and the Pledge of Allegiance were recited. The agenda as presented was unanimously approved upon a motion and a second by Mr. Comegys and Mr. Day, respectively.
APPROVAL OF SEPTEMBER 13, 2004 MINUTES
On a motion by Ms. Siggers and seconded by Mr. Day, the September 13, 2004 minutes were unanimously approved.
PROCLAMATION - “RESURRECTING THE AMERICAN DREAM DAY”
Mayor Tilghman read a proclamation proclaiming September 28, 2004 as “Resurrecting the American Dream Day” in the City of Salisbury. Council President Dunn accepted the proclamation.
ANNOUNCEMENTS/PRESENTATIONS
Mayor Tilghman read letters from the Chamber of Commerce Beautification Committee presenting Certificates of Recognition for contributing to the beautification of Salisbury. Carol Turner and Ralph Plaskon accepted the Certificate recognizing the garage and parking areas. John Jacobs accepted on behalf of the Public Works Department recognizing the Riverwalk Park area by the Bridge Keeper’s house. Brad Bellacicco, Executive Director of the Chamber of
Commerce, reported that these were part of twenty-eight properties that were recognized by the Beautification Committee.
Councilman Day announced that the Salisbury Zoo received their AZA accreditation for five more years and extended appreciation to Zoo Director Jim Rapp and his staff.
A birthday cake was presented to Mayor Tilghman.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Comegys seconded to approve the Award of Bids. Director of Procurement & Parking Carol Turner presented the following items:
1. Declaration of surplus, 1999 Computer, Public Works . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Contract No. 21-03-S&W REBID, Change Order No. 3 . . . . . . . . . . . . . . . . . . .$6,272.27
Water & Sewer Main Extensions to Wor-Wic/Stadium (82078-577022-50002;
86078-577023-55004; 86078-577046-6000; 86078-577046-60001)
American Paving
3. Reallocation of Zoo Capital Outlay (40000-577020) . . . . . . . . . . . . . . . . . . . . . .$20,000.00
Various Projects
4. Contract No. 16-03-W, REBID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $199,965.00
Park Well No. 15 (82075-577020)
A. C. Schultes
The above items were unanimously approved.
PERFORMANCE EVALUATION SESSION FOR COMCAST
Comcast representatives, Tom Worley, Henry Pearl and Erika Forsyth, joined Council for discussion. Mr. Pearl provided an overview of Comcast’s coverage, network and enhancements. Mayor Tilghman reported that a number of calls and concerns were received after the channels were realigned and the rates adjusted. The bulk of the concerns dealt with the senior citizens in that it would cost them more money to receive the channels they were accustomed to viewing. Other comments indicated that Comcast was not accessible and was unresponsive to the citizens of the City.
Mr. Joel Roache voiced his concerns with the increase in cable rates. He indicated a 32% increase from his 2000 bill of $39.24 to the current rate of $51.67. Mr. Roache did not like paying more and more every year to help Comcast expand their technology.
Mr. Bellacicco (Chamber of Commerce), Mr. Jim Rich (Lower Shore Enterprises) and Dr. Mark Williams (University of Maryland Eastern Shore) provided testimony on Comcast’s contributions/services to the community.
In Mrs. Cathcart’s opinion, most people did not care about how the channels were aligned since they were capable of finding the channels they wanted to watch. Mr. Comegys mentioned that the senior citizens felt there was a service reduction because some of the channels moved from the Limited Basic to the Expanded Service. Ms. Siggers hoped that Comcast would be sensitive to the citizens’ concerns. Mr. Dunn acknowledged that there were pluses and minuses to what Comcast was doing.
PUBLIC HEARING - ORDINANCE NO. 1912 - 1ST READING - TEXT AMENDMENT TO THE SALISBURY MUNICIPAL CODE, CHAPTER 17.100, PALEOCHANNEL DISTRICT
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1912 for first reading. Planning & Zoning Director Jack Lenox, along with Planner Mary Ellen Gray, introduced Ordinance No. 1912 amending Section 17.100, Paleochannel District, of the Salisbury Municipal Code to include the Salisbury Wellhead Protection zones. In addition to the two wells located in the Paleochannel (known as the Paleo Wells), it would also include the nine wells located along the banks of the south prong of the Wicomico River, Beaverdam Creek (known as the Park Wells). The Planning Commission, after an advertised public hearing, forwarded a favorable recommendation for adoption of the amendment. In response to Ms. Siggers query, Mr. Lenox opined that the Ordinance Permit by Council approach was not necessary. The Planning Commission and staff would review the site plans.
No public comments were received. Ordinance No. 1912 for first reading passed unanimously.
RESOLUTION NO. 1153 - CHARTER AMENDMENT AMENDING §SC6-13, RECALL OF ELECTED OFFICIALS
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1153. City Solicitor Paul Wilber summarized the proposed revisions to §SC6-13, Recall of Elected Officials as follows:
1. The initiators, circulators and signers of the recall petition shall be qualified, registered voters of the City.
2. An initiator must file a letter of intent with the City Clerk stating the reason for the recall and the name of the official sought to be recalled. The Clerk will then prepare a petition form.
3. Within ninety days from receipt of the petition, the initiator must file a petition signed by 30% of the qualified, registered voters for the appropriate officials’ district or districts.
4. A signator may remove his or her name upon written request to the City Clerk.
5. The initiator of the petition shall file a financial report with the City Clerk fifteen days prior to filing a recall petition.
6. The City Board of Election Supervisors and the City Clerk shall verify the voters’ signatures within thirty days.
7. If the petition is authenticated, a public hearing shall be held within thirty days to provide the initiator and the official an opportunity to speak, and within forty-five days a reaffirmation vote shall be held.
8. If a majority vote removes the official, then a special election shall be held within forty-five days of the certification of the reaffirmation vote with appropriate provisions for nomination and the special election.
Ms. Siggers moved to amend Resolution No. 1153 to clarify that the initiator, circulator and signator shall be a registered voter of the district for the official being recalled. Mr. Comegys seconded and the amendment passed unanimously. Ms. Siggers moved to amend Resolution No. 1153 to reflect that the initiator must file a petition within 30 days for District 1, 60 days for District 2 and 90 days for mayor. The motion died for lack of a second.
Resolution No. 1153, as amended, passed unanimously.
RESOLUTION NO. 1154 - RESOLUTION OF SUPPORT FOR NEIGHBORHOOD INTERVENTION-REDEVELOPMENT READY APPLICATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1154. Salisbury Neighborhood Housing (SNHS) Executive Director Cheryl Meadows presented Resolution No. 1154 supporting the Neighborhood Intervention-Redevelopment Ready Application in the approximate amount of $67,000. SNHS acquired the properties located on 502-512 Rose Street, 618-622 Lake Street and 700 and 702 Lake Street. They plan to demolish the properties, resubdivide the land and construct seven new homes to be sold to homeowners. Mr. William Cook, a Board Member of SNHS and resident living across from the proposed project, supported projects to revitalize the area and to construct quality housing in their neighborhood.
Resolution No. 1154 was unanimously approved.
RESOLUTION NO. 1155 - RESOLUTION OF SUPPORT FOR COMMUNITY LEGACY APPLICATION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1155. Director of Community Development Deborah Stam introduced Resolution No. 1155 supporting the Community Legacy Application. This year’s application will include funds for the installation of permanent traffic-calming islands on Isabella Street to replace the flex posts currently being used and the request from Urban Salisbury for $20,000 to be used for a multi-media marketing campaign for the downtown area.
Resolution No. 1155 passed with Mrs. Cathcart and Messrs. Comegys and Dunn voting in favor. Ms. Siggers and Mr. Day abstained.
RESOLUTION NO. 1156 - ESTABLISHING RESTRICTED PARKING ZONE ON N. DIVISION STREET
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1156. Police Chief Allan Webster presented Resolution No. 1156 restricting the area on the west side of N. Division Street between Isabella Street and Walnut Street to no parking except Sunday 8:30 a.m. to 12:30 p.m. and Wednesday 5:30 p.m. to 8:00 p.m. This will address the safety concerns of the Bethesda United Methodist Church members, particularly for their elderly members.
Resolution No. 1156 passed unanimously.
PUBLIC COMMENTS
Ms. Nancy Thomas and Mr. Dean Coolidge shared their problems with parking on Pennsylvania Avenue and requested that residential permit parking be reconsidered for that area.
With no further business, the meeting adjourned at 7:45 p.m.
City Clerk
Council President