CITY OF SALISBURY, MARYLAND
#22 MEETING NOVEMBER 12, 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
* arrived 8:56 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Public Works Director John Jacobs, Police Chief Allan Webster, Fire Chief Steve Brezler, and interested Citizens and Members of the Press.
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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.
Mr. Scott moved to amend the agenda by deleting the Award of Bids. Mr. Webster seconded and the vote was unanimous.
Mr. Webster moved and Mr. Scott seconded to withdraw Ordinance No. 1861 (providing that Directors of Building, Housing and Zoning and Human Resources serve at the pleasure of the Mayor and City Council) and Resolution No. 889 (Charter amendment providing that the Finance Director, City Solicitor and Assistant City Solicitors, Public Works Director, Director of Procurement, Chief of Police, Fire Chief, and the Department of Parks and Public Property Department Head serve at the pleasure of the Mayor and City Council). The motion passed unanimously.
The agenda, as amended, was unanimously approved upon a motion and a second by Mr. Scott and Mr. Webster, respectively.
PUBLIC COMMENTS
Highlights of public comments included:
• disturbed that single-family homes were being turned into rental units;
• favored reducing the number of unrelated persons from 4-2;
• licensing landlords and registering properties were important along with enforcement;
• overlay districts was discriminatory;
• all city neighborhoods should be protected, not just one area;
• if going city-wide on 4-2 issue, questioned what happens to someone having rental properties;
• residents looking for peace in their neighborhoods;
• questioned if citizens could remove their names from the recall petition;
• more publicity of certain items discussed at work sessions (i.e., funding of $1.7 million for extending water and sewer lines to Wor-Wic and County reneging on its share);
• urged Council to consider Councilman Webster’s suggestion on the 4-2 issue;
• important to have 4-2 and the licensing on a city-wide basis;
• referred to licensing costs in Gettysburg and Chapel Hill as models to use;
• concerned with 4-2 because of taking in unrelated individuals who have no other place to go;
• requested that Police Chief be retained;
• concern with Ordinance No. 1864 - doesn’t distinguish clearly enough between those attached dwelling units built after the date of adoption of the ordinance and those that pre-exist (wording may interfere with single-family neighborhoods);
• believed recall was a misguided effort based upon people’s misunderstanding of the way City government works;
• would be glad to take anyone’s name off the recall petition who desired to do so; and
• neighborhood association has tried to work with the University regarding student housing – University owes some responsibility to the students.
PROCLAMATION - “COASTAL HOSPICE MONTH”
Mayor Tilghman presented a proclamation proclaiming the month of November as “Coastal Hospice Month” in the City of Salisbury.
APPROVAL OF OCTOBER 28, 2002 MINUTES
Upon a motion and a second by Mr. Webster and Mr. Scott, respectively, the minutes of
October 28, 2002 were unanimously approved.
APPROVAL OF SPECIAL MEETING MINUTES OF OCTOBER 28, 2002
Mr. Webster moved to approve the Special Meeting minutes of October 28, 2002. Mr. Scott seconded and the minutes were unanimously approved.
ORDINANCE NO. 1863 - 2ND READING - FY03 WATER AND SEWER FUND BUDGET AMENDMENT TO APPROPRIATE FUNDS FOR THE WASTEWATER TREATMENT PLANT CHEMICAL TRANSLATOR STUDY
Mr. Webster moved and Mr. Scott seconded to approve Ordinance No. 1863 for second reading. Public Works Director John Jacobs presented Ordinance No. 1863 amending the FY03 Water and Sewer Fund Budget to appropriate $120,000 for the Wastewater Treatment Plant Chemical Translator Study.
Ordinance No. 1863 for second reading passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1864 - 1ST READING - ZONING TEXT AMENDMENT TO AMEND THE DEFINITION OF A “FAMILY” AS IT RELATES TO MULTI-FAMILY DWELLINGS/DISTRICTS
Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1864 for first reading. Mrs. Gloria Smith, Planner from the Planning and Zoning Department, explained that the Planning Commission considered the requests of Altman Companies and Urban Salisbury, Inc. to increase the number of unrelated persons that constitute a “family” permitted in a multi-family dwelling unit from three occupants to four occupants. The Commission forwarded a favor recommendation to the Mayor and City Council for adoption of the following amendments to the Salisbury Municipal Code (amendments in capital letters and bold type):
• amend Section 17.04.120A.3., Definitions, to read: “Not more than TWO PERSONS IN AN EFFICIENCY OR ONE-BEDROOM APARTMENT DWELLING UNIT, three persons in a attached DWELLING, FOUR persons in TWO, THREE, OR FOUR-BEDROOM apartment dwelling unitS, CONSTRUCTED AFTER (THE DATE OF THE PASSAGE OF THIS AMENDMENT) or four persons in a detached dwelling unit, who need not be related by blood, marriage or adoption, living together as a single housekeeping unit.
• Section 17.168.050E.1, Apartment Standards
add the following language as new E.1.B.: “FOR APARTMENT PROJECTS CONSTRUCTED AFTER (THE DATE OF PASSAGE OF THIS AMENDMENT), A MINIMUM OF TWO (2) OFF-STREET PARKING SPACES FOR TWO BEDROOM DWELLING UNITS, AND THREE (3) OFF-STREET PARKING SPACES FOR EACH DWELLING UNIT CONTAINING THREE OR MORE BEDROOMS, PLUS TWENTY (20) PERCENT OF THE TOTAL FOR GUEST PARKING SHALL BE PROVIDED.”
renumber previous E.1.B. to E.1.C.
• amend Chapter 17.196, Off-Street Parking and Loading Standards, Section 17.196.030 to read:
“Apartment development 1 ½ for each dwelling unit CONSTRUCTED PRIOR TO (DATE) plus 20%, of total for guest parking
APARTMENT DEVELOPMENTS CONSTRUCTED AFTER (DATE): 2 SPACES FOR EACH TWO BEDROOM DWELLING UNIT AND 3 SPACES FOR EACH DWELLING UNIT CONTAINING THREE BEDROOMS OR MORE PLUS 20%, OF TOTAL FOR GUEST PARKING.”
Mrs. Smith pointed out that this was consistent with the Housing Team’s recommendations. The Planning staff felt it would assist with the implementation of the 4-2 ordinance because, as people have to move out of the single-family homes, it is hoped that new apartment developments would be coming on line and ready for occupancy. This amendment was also important to assist developers who are desiring to respond to the University’s RFP for student housing
(December 10, 2002 deadline to respond to RFP).
Mr. Webster viewed this as a perfect example of smart growth and hoped that Urban Salisbury was the bid winner in order to bring life back to the downtown area. As for the concern regarding the issue of attached units (i.e., duplexes), Mr. Webster felt that perhaps the City Solicitor should revisit it if there appeared to be a loop hole.
Highlights of public comments included:
• didn’t want to violate the integrity of existing neighborhoods – wanted to encourage apartment development in the appropriate areas;
• asked that the process not be impeded even if refinement of the ordinance is needed; and
• project could take some of the pressure off the neighborhoods.
Ms. Siggers shared some of the feedback she had received regarding this proposal (i.e., University not stepping up to the plate to provide student housing; and City property being declared surplus solely for the purpose of providing student housing). She was not prepared to support City property being declared surplus for the sole purpose of providing housing for the University. She would, however, be in support of apartments being developed for the general populace.
Ordinance No. 1864 for first reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1865 - 1ST READING - AUTHORIZING GENERAL OBLIGATION BONDS TO BE ISSUED TO FINANCE (INCLUDING THE REIMBURSEMENT OF) COSTS OF THE WASTEWATER TREATMENT PLANT BNR UPGRADE
Mr. Webster moved and Mr. Day seconded to approve Ordinance No. 1865 for first reading. Finance Director John Cawley introduced Ordinance No. 1865 authorizing the issuance of General Obligation Bonds (in an aggregate principal amount not to exceed $28 million) to finance the costs of the Wastewater Treatment Plant BNR upgrade.
Ordinance No. 1865 for first reading passed unanimously.
RESOLUTION NO. 903 - AUTHORIZING THE FILING OF A REQUEST TO THE MARYLAND GOVERNMENT INFRASTRUCTURE FINANCING PROGRAM FOR CAPITAL PROJECTS
Mr. Webster moved and Mr. Day seconded to approve Resolution No. 903. Resolution No. 903, as addressed by Finance Director John Cawley, authorizes the filing of a request to the Maryland Government Infrastructure Financing Program for the following capital projects:
• $535,000 - estimated cost of land acquisition and facility design for new fire station;
• $700,000 - estimated cost of renovation and repair to fire station #1;
• $1,400,000 - estimated cost to construct a new garage at the Public Works facility;
• $1,100,000 - estimated cost for stabilization of Beaver Creek bank from soil erosion; and
• $1,800,000 - estimated cost of facility oversizing for the Wor-Wic water and sewer extension.
After discussing both projects for the Fire Department and the water and sewer extension project, Resolution No. 903 passed unanimously.
RESOLUTION NO. 904 - ACCEPTING GRANTS FOR PROGRAM OPEN SPACE PROJECTS
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 904. Ms. Deborah Stam, Grants/Special Projects Director, provided an overview of Resolution No. 904 accepting the following funds awarded through grants from Program Open Space for the following recreational projects in the City:
• $200,000 - Lake Street Playground improvements;
• $54,000 - Riverwalk Park (Area “A”);
• $20,000 - Doverdale Playground; and
• $16,000 - City Park - Urban Greenway.
Resolution No. 904 passed unanimously.
RESOLUTION NO. 905 - ACCEPTING A SAFE NEIGHBORHOOD GRANT FROM WAL-MART OF $400
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 905. Fire Chief Steve Brezler presented Resolution No. 905 accepting a Safe Neighborhood grant of $400 from Wal-Mart to purchase fire prevention materials and fire safety brochures for the Salisbury Fire Department.
Resolution No. 905 passed unanimously.
RESOLUTION NO. 906 - ACCEPTING $400 AWARDED THROUGH THE SAFE NEIGHBORHOOD GRANT FROM WAL-MART
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 906. Police Chief Allan Webster briefed Council on Resolution No. 906 accepting $400 awarded through the Safe Neighborhood grant from Wal-Mart to purchase equipment (camcorder, walkie talkies, and tee shirts) for instituting a Citizens on Patrol Program.
Resolution No. 906 passed unanimously.
RESOLUTION NO. 907 - ACCEPTING $4,000 IN STATE GRANT FUNDS AWARDED THROUGH WICOMICO COUNTY CIGARETTE RESTITUTION COALITION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 907. Police Chief Allan Webster explained that Resolution No. 907 accepts $4,000 in State grant funds awarded through the Wicomico County Cigarette Restitution Coalition to provide for overtime reimbursement for law enforcement efforts aimed at decreasing the availability of tobacco products to minors.
Resolution No. 907 passed unanimously.
RESOLUTION NO. 908 - ENTERPRISE ZONE ELIGIBILITY - 510 WEST STREET
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 908. Executive Officer John Pick addressed Resolution No. 908 declaring that the Fermin and Martha Cobian property, De Chem LLC and Eagle Recycling, located at 510 West Road, are eligible to receive Enterprise Zone benefits.
After discussion, including whether they should have been separate requests, and if the request was premature since the application was made prior to investing monies, Resolution No. 908 passed on a 3-2 vote. Mrs. Polk and Ms. Siggers voted nay.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following items:
• Veterans Day ceremony at North Salisbury Elementary School;
• bond money to begin upgrade to Wastewater Treatment Plant;
• Building, Housing and Zoning Director working with City Solicitor to ensure moratorium is being enforced;
• neighborhood meeting at the Zoo Education Building on Sunday; and
• looking forward to working with the new County Council.
COUNCIL COMMENTS
Mr. Webster commented on the struggle to resolve the housing issue. Mr. Scott thanked the public for their comments and mentioned that he was celebrating his 49th wedding anniversary tonight. In regards to the 4-2 housing issue, Mr. Day was concerned that they weren’t addressing home ownership (should look at the whole issue). Mr. Day mentioned that there would be an antique extravaganza this weekend with the opening of Seasons Best Antiques. Mrs. Polk appreciated the residents sharing their information and concerns with the Council on the
4-2 housing issue.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers related that former Council member Tim Sakemiller fought to have the Council meetings televised. She had supported his efforts and now the City and County meetings are televised live. Ms. Siggers appreciated all the concerns and perspectives shared with the Council on the 4-2 housing matter. In regards to the recall petition, Ms. Siggers noted that she was contacted by several constituents who felt the petitioners were being deceptive when seeking signatures.
With no further business, the meeting adjourned at 9:36 p.m.
CITY OF SALISBURY
CLOSED EXECUTIVE SESSION
NOVEMBER 12, 2002
TIME & PLACE: 9:38 p.m., Room 301 - City/County Government Building
PURPOSE: Personnel matter
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
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At 9:38 p.m. in Room 301 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to discuss a personnel matter as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Scott seconded and the vote was unanimous.
After discussion, on a motion and a second by Mr. Webster and Mrs. Polk, respectively, the closed session adjourned at 10:27 p.m.
City Clerk
Council President