CITY OF SALISBURY, MARYLAND
#25 MEETING DECEMBER 16, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilman Michael Day
Councilwoman Rachel Polk Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Fire Chief Steve Brezler, and interested Citizens and Members of the Press.
******************************************************************************
CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mrs. Polk moved and Mr. Webster seconded to approve the agenda as presented. Mrs. Polk moved to amend the agenda by deleting the Award of Bids. Mr. Webster seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
PUBLIC COMMENTS
Citizens voiced their comments on the 4-2 legislation (pro and con), offered a suggestion for implementing a standard city lease program for all residential rental units, and extended appreciation for the new traffic signal at Beaglin and N. Park Drive.
COUNCIL COMMENTS
Mrs. Polk noted that the 4-2 issue was addressed in 1989, so many people had waited a long time for a Council to provide the tools to make it happen. Mr. Day reported that another quality of life vs. property rights issue would be discussed at the Planning and Zoning Commission this Thursday.
Mr. Scott believed the City needed to bind together and all come to one meeting of the minds. As for the 4-2 legislation, he would try to make the best decision he could that would try to give everyone a little something.
Mr. Webster complimented Access 26 for their fine job in broadcasting the Council meetings. Mr. Webster reported that the engineering and design work was completed on the City Park Bandstand. Another business, Salisbury Steel, stepped forward and donated a steel column toward the restoration. The Friends of the Bandstand have collected more than $50,000 in donations.
Ms. Siggers voiced that the 4-2 issue was a very complex and complicated issue and had been addressed on an ongoing basis. Ms. Siggers presented a Certificate of Appreciation to Ms. Jessica Burley for the courage and integrity she showed in responding to a very degrading letter published in The Daily Times.
APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 4, 2002
On a motion and a second by Mr. Webster and Mrs. Polk, respectively, the Special Meeting minutes of December 4, 2002 were unanimously approved.
APPROVAL OF DECEMBER 9, 2002 MINUTES
The December 9, 2002 minutes were unanimously approved upon a motion by Mr. Webster and seconded by Mr. Scott.
ORDINANCE NO. 1866 - 2ND READING - TEXT AMENDMENT, SECTION 17.156, R-5 AND R-8 RESIDENTIAL DISTRICTS, TO PERMIT A STUDIO BY SPECIAL EXCEPTION
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1866 for second reading. Mrs. Gloria Smith provided a briefing on Ordinance No. 1866 permitting a studio in the R-5 and R-8 Residential Districts by Special Exception. Mrs. Smith reported that concerns were expressed that the Ordinance did not have any safeguards built in to protect the neighborhoods. To address that concern, Ms. Smith presented the following options:
• Amend Ordinance to limit the class size that the Special Exception would cover. The public hearing would address neighborhood concerns on a case-by-case basis. The Board of Zoning Appeals could require a retention of the residential appearance of the structure involved, limit the height of lighting around the property or limit hours of operation to provide safeguards for the surrounding neighborhood.
• Clause in the R-5, R-8 and R-10 Residential Districts that limits a particular site to one principal use (whether residence or studio). The word accessory could be added to make it an accessory studio by Special Exception. The request could also be sent back to the Planning Commission for a recommendation on adding this to the accessory uses of the Code rather than Special Exception uses.
• Approve the Ordinance as drafted and/or adding the accessory word in and let the Board of Zoning Appeals determine the principal use of the property.
After discussing the options presented, Ordinance No. 1866 for second reading, as written, was unanimously approved.
ORDINANCE NO. 1868 - 2ND READING - TEXT AMENDMENT TO AMEND THE DEFINITION OF “FAMILY” AS IT RELATES TO SINGLE-FAMILY DWELLINGS/DISTRICTS
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1868 for second reading. Mrs. Gloria Smith presented Ordinance No. 1868, a text amendment amending the definition of a “family” as it relates to single-family dwellings/districts.
Mrs. Smith and City Solicitor Paul Wilber noted that the Ordinance, as amended on
December 9, 2002, contained several elements that were not discussed by the Planning Commission (i.e., impact on duplex and townhouse units, definition of a functional family and the impact on seasonal workers). Mrs. Polk opined that she did not see any difference between this amended Ordinance and the multi-family Ordinance which was also amended on the floor. No procedural objections were raised at that time.
Mr. Webster moved to amend the next to last paragraph of Ordinance No. 1868 to read as follows:
“AND IT IS FURTHER PROVIDED THAT, effective with the second Council meeting in January 1, 2005, the City Council shall, at a public forum to be advertised, review the changes enacted by this Ordinance in light of any different circumstances then existing.”
Mrs. Polk seconded and the amendment passed unanimously.
Mr. Day moved to amend Section IB1. by striking R-5 and R-8 or in any detached or duplex single-family dwelling or townhouse in any other district; amend Section 1B2. by striking R-5 and R-8; and to put a moratorium for two years on R-5 and R-8 on conversions of home owner to rental while we study the impact of what’s going to happen to those neighborhoods. Mr. Webster seconded the motion. After discussion, Mr. Day and Mr. Scott voted aye. Mrs. Polk, Ms. Siggers and Mr. Webster voted nay. The amendment failed to pass.
After providing historical information on landlord licensing efforts, Mayor Tilghman commented that legislation needed to be enacted in the neighborhoods which were most in need of its protection and most vulnerable to the loss of residential character. There was not a full picture of the consequences of the impact of the legislation if enacted city-wide. Taking one bite of the apple, coupled with a commitment to begin the new year with a community dialogue about the ratio of rental to owner-occupied, and a Council commitment to landlord licensing, would serve the constituents and the future of the City well.
Fifteen individuals came to the podium to express their views with the majority indicating a city-wide implementation as proposed in the Ordinance. Those opposing were primarily concerned that the legislation would displace the poor. Suggestions were made to enact the legislation only in one area (i.e., R-10 Residential District) versus city-wide and to move forward on landlord licensing.
Mr. Webster voiced that the legislation should be city-wide and enacted right away, but exceptions could be considered as they move forward. Ms. Siggers noted that there may be some areas of the legislation that would need tweaking and the Council was prepared to do so. She had asked the Council to consider the formation of a Citizen Focus Group to look at issues such as rental unit inspections, landlord licensing, ratio of rentals to home ownership and other related issues so they can begin addressing these matters in the new year.
Mr. Scott was in favor of 4-2 legislation, but favored proceeding in small ways in order to control it in certain areas of the City. Mr. Day was not against 4-2, but preferred moving slow.
Mrs. Polk believed it would be a breach of contract for those people who purchased homes in single-family neighborhoods to separate a particular zoning district. She would vote for 4-2 across the City and would work with the rest of the Council to ensure teeth was put in the legislation and to make sure that the law was enforced. They would be looking at landlord licensing, rental unit licensing, permit parking and the exorbitant cost of housing in the City.
After further discussion, Ordinance No. 1868, as amended, passed on a 3-2 vote with Messrs. Day and Scott voting nay.
RESOLUTION NO. 921 - ENTERPRISE ZONE ELIGIBILITY - CATO INCORPORATED
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 921. Executive Officer John Pick presented Resolution No. 921 declaring that Cato Incorporated, located at 1004 Parsons Road, was eligible to receive Enterprise Zone benefits.
Resolution No. 921 passed unanimously.
RESOLUTION NO. 922 - STATEMENT OF INTENT TO REIMBURSE STATION #1 VOLUNTEER CORPORATION FOR ARCHITECTURAL, ENGINEERING AND TESTING FEES FOR STATION #1 RENOVATION AND EXPANSION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 922. Fire Chief Steve Brezler introduced Resolution No. 922 allowing Station #1 volunteers to be reimbursed for payment of the architectural and engineering component of the Station #1 renovation/expansion project from the bond funds.
Resolution No. 922 passed unanimously.
MAYOR’S COMMENTS
Highlights of Mayor Tilghman’s comments included:
• credited the Friends of the Bandstand Committee who worked diligently in soliciting money and in-kind contributions;
• Neighborhood Roundtable scheduled for Tuesday morning with Executive Officer Pick making a presentation on annexation;
• Daily Times’ multi-day format of publicizing downtown revitalization efforts;
• welcomed new Planning and Zoning Director Jack Lenox; and
• wished everyone a happy holiday season.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers expressed her hope that everyone could come together and work together for the good of the City and wished all a happy and merry Christmas.
With no further business, the meeting adjourned at 9:42 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 18, 2002
TIME & PLACE: 8:30 p.m., Room 305 - City/County Government Building
PURPOSE: Personnel
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove
******************************************************************************
At 8:30 p.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in Closed Executive Session to discuss personnel matters as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
After discussing each of the issues presented, Mr. Scott moved to adjourn the closed session at 8:55 p.m. Mrs. Polk seconded and the vote was unanimous.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
DECEMBER 23, 2002
TIME & PLACE: 9:05 a.m., Room 305 - City/County Government Building
PURPOSE: Personnel
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove
******************************************************************************
At 9:05 a.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in a Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Webster seconded and the vote was unanimous.
After discussion, the Council reached a consensus on proceeding forward. Upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, the Council adjourned the closed session at 9:49 a.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JANUARY 7, 2003
TIME & PLACE: 8:38 a.m., Room 305 - City/County Government Building
PURPOSE: Personnel
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, City Clerk Brenda Colegrove
ABSENT: Councilman C. T. Webster
******************************************************************************
At 8:38 a.m. in Room 305 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
After reviewing information from a previous session and discussion, upon a motion and a second by Mr. Scott and Mr. Day, respectively, the Council adjourned the closed session at 10:20 a.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JANUARY 8, 2003
TIME & PLACE: 6:15 p.m., Room 305 - City/County Government Building
PURPOSE: Acquisition of property, consult with legal counsel, pending litigation
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(3)(7)(8)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman C. T. Webster, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Deputy Public Works Director Chip Messick
******************************************************************************
At 6:15 p.m. in Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session for the purpose of consulting with legal counsel regarding pending litigation on the acquisition of property. Mr. Webster seconded and the vote was unanimous.
City Solicitor Paul Wilber provided an update on the Northeast Collector property acquisition negotiations. After discussion, a consensus was reached for moving forward. Upon a motion and a second by Mr. Scott and Mr. Webster, respectively, the closed session adjourned at 6:44 p.m.
City Clerk
Council President