CITY OF SALISBURY, MARYLAND
#24 MEETING DECEMBER 20, 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, Public Works Director John Jacobs, Director of Procurement & Parking Carol Turner,
CPPB, C.P.M., Information Technology Director Ray Micciche, 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 Ms. Siggers and seconded by Mrs. Cathcart, the agenda as presented
was unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the Parkside High School golf team,
2A State Golf Champions. Receiving certificates were Coach Dean Sullivan and students D. J.
Hoster, Brett Wiseman, Matt Davis, Ryan Thiele, Megan Leineweber, Thomas Jackson and Mike
Cannon.
APPROVAL OF DECEMBER 13, 2004 MINUTES
On a motion by Mr. Comegys and seconded by Mrs. Cathcart, the December 13, 2004 minutes
were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Ms. Siggers seconded to approve the Award of Bids. Director of
Procurement & Parking Carol Turner presented the following items:
1. Snow Plow - Parking (31154-577030; unbudgeted capital) . . . . . . . . . . . . . . . . . $3,597.00
U.S. Municipal Supply, Inc.
2. Trailer Mounted Air Compressor (82076-577030; over budget) . . . . . . . . . . . . . $13,218.00
Ingersoll Rand
3. Contract No. 21-03-S&W, REBID . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$3,881.00
Water & Sewer mains to Wor-Wic & Perdue Stadium, Change Order No. 6-21
(82078-577022-50002; 86078-577023-55004)
The above items were unanimously approved.
ORDINANCE NO. 1918 - 2ND READING - APPROVING WATER AND SEWER
EXTENSION POLICY
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1918 for second reading.
Mrs. Cathcart moved to amend Ordinance No. 1918, approving a water and sewer extension
policy, by adding the following language to Section 13.02.070 A.14 (at the end of the paragraph):
“Any property owner or developer that has submitted a preliminary site plan to the
City of Salisbury Department of Public Works and is in the final state of site plan
and Public Works Agreement approval prior to December 21, 2004 shall have the
right to appeal the Capacity Fee payment requirement to the Mayor by 4 PM on
January 20, 2005. The Mayor and a member of the City Council, selected by the
Council, shall hear the appeal and make a final decision, after consulting with the
Director of Public Works and City Solicitor.”
Public Works Director John Jacobs indicated that the City staff proposed the above
recommendation after considering all the concerns and factors. According to Mr. Jacobs, there
are approximately 92 projects in the development process. Of the ninety-two, eight were defined
to be close to meeting the criteria, but not meeting it as of last week. Of the eight, six met the
criteria today.
Mr. Dunn opined that since Mrs. Cathcart was the Council’s representative on Planning and
Zoning, she would be the logical representative to serve in this capacity. Ms. Siggers questioned
having a member of Council rather than having a consensus of the Council. After further
discussion, the amendment passed unanimously. Ordinance No. 1918, as amended, was
unanimously approved.
RESOLUTION NO. 1176 - ADOPTING A COMPREHENSIVE CONNECTION
CHARGE FEE SCHEDULE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1176. Public
Works Director John Jacobs introduced Resolution No. 1176 establishing the initial
comprehensive connection charge rates in accordance with Chapter 13.02 (approved by
Ordinance No. 1918) of the Salisbury Municipal Code as follows:
1. Capacity Unit Fee – $4,800 per Equivalent Dwelling Unit until the Council reviews
and approves the ten-year Capital Improvement Plan at which time the fee may be
adjusted;
2. Sewer-Connection and Water-Tap/Meter Fee - based on the current fee schedule;
and
3. Central System Line Unit Fee is $55 per foot.
Resolution No. 1176 passed unanimously.
ORDINANCE NO. 1920 - 2ND READING - AMENDING SECTION 6.04.060 OF THE
SALISBURY MUNICIPAL CODE, DAMAGE OR DESTRUCTION OF ZOO ANIMALS
AND BIRDS PROHIBITED
Mr. Day moved and Mrs. Cathcart seconded to approve Ordinance No. 1920 for second reading.
Ordinance No. 1920, as addressed by Public Works Director John Jacobs, amends Section
6.04.060 of the Salisbury Municipal Code by defining trespassing in the City Zoo and Ben’s Red
Swings Playground.
Ordinance No. 1920 for second reading was unanimously approved.
ORDINANCE NO. 1921 - 2ND READING - AMENDING SECTION 8.32.020 OF THE
SALISBURY MUNICIPAL CODE, SMOKING PROHIBITED IN CERTAIN AREAS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1921 for second
reading. Public Works Director John Jacobs presented Ordinance No. 1921 amending section
8.32.020 of the Salisbury Municipal Code to prohibit smoking in the Salisbury Zoo and Ben’s Red
Swings Playground.
Ordinance No. 1921 for second reading passed unanimously.
ORDINANCE NO. 1922 - 1ST READING - CREATING CHAPTER 3.20 OF THE
SALISBURY MUNICIPAL CODE ADDRESSING A HOMEOWNER CONVERSION
TAX ABATEMENT PROGRAM
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1922 for first
reading. Mayor Tilghman presented Ordinance No. 1922 creating a new chapter of the Salisbury
Municipal Code, Chapter 3.20, addressing a Homeowner Conversion Tax Abatement Program.
The program, administered by the Department of Finance, provides for the abatement of all City
real estate taxes for five years and then a decreasing abatement for the next four years. If the
residence is no longer an owner-occupied family residence, the abatement program is terminated
and a property tax is due for each taxable year beginning with the first year in which the owner
received a tax abatement. To qualify for the program, a property must have been used as a rental
property for at least three prior years and is being purchased to be converted into an owner-occupied
family residence which will be actually occupied within one year of purchase.
Mr. Day moved and Mr. Comegys seconded to amend Ordinance No. 1922 as follows:
1. Section 3.20.010, in the definition of residence (section 1), by inserting a new paragraph A
to read “A single-family detached dwelling arranged or designed for occupancy for only
one family, which is not attached to any other dwelling.”
2. Section 3.20.010 – renumber the current A and B to B and C, respectively.
3. Section 3.20.020A by inserting the word “exclusively” in the first line before the phrase
“as a rental property” and inserting the word “exclusively” in Section 3.20.020A1 in the
first line before the phrase “as a rental property.”
Mrs. Cathcart questioned why the amendment specifically states detached dwelling and not
attached to any other dwelling. She noted that there are condos and attached units that are single-family residences that are subject to the same rental encroachment as other places. Mayor
Tilghman acknowledged that the purpose of the legislation at this point was to go into the single-family districts and turn the rental rate around to a larger percentage of owner-occupied homes.
Because the City does not have an unlimited source of money to invest in this program, they were
trying to get the most for the money. If there was a larger pot of money available, they could say
all rental units.
Ms. Siggers noted that she needed more time to digest the information so she would abstain from
voting. After further discussion, the amendment passed on a 3-1-1 vote (Mrs. Cathcart - nay; Ms.
Siggers - abstain).
Mr. Robert Taylor voiced his concern that the effects of the legislation outweigh the positive
aspects (i.e., called it a landlord relief bill; would increase taxes for everyone else; could stimulate
the conversion of existing homes into rentals; can’t control the tax part of the legislation as you
can the grant portion). Mr. Taylor suggested the following: 1) use the language “continually used
as a non owner-occupied property” rather than “exclusively as a rental property;” and 2) in
addition to the three-year requirement, include a point in time such as December 2004 to prevent
someone from converting after the legislation was passed.
Mr. Comegys believed the City would be making great strides in reducing the rental ratio if
twenty properties a year were converted with this program. The legislation provides an incentive
and builds goodwill. Mr. Day foresaw property values increasing in a few years with the
program.
Even though Mrs. Cathcart was anxious to convert the rentals back into single-family owner-occupied units, she believed some of Mr. Taylor’s concerns had merit. Ms. Siggers believed Mr.
Taylor’s concerns were valid, particularly not having a date in place for a cutoff point. Ms.
Siggers expressed concern with the discrepancy of the new legislation imposing a new fee for new
home owners who have to pay their taxes while this program abates taxes for converting from
rental to owner-occupied. Ms. Siggers also expressed concern with the language in two of the
Whereas paragraphs (paragraphs 3 and 4) – appeared to be discriminatory to renters. Since there
appeared to be many loopholes in the legislation, Ms. Siggers acknowledged that she would
abstain from voting.
After further discussion, Ordinance No. 1922 for first reading, as amended, passed with all voting
in favor with the exception of Ms. Siggers’ abstention.
RESOLUTION NO. 1177 - ADOPTING A GRANT PROGRAM FOR CONVERSION OF
HOMES FROM RENTAL USES TO OWNER-OCCUPIED FAMILY USES
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1177. Mayor
Tilghman introduced Resolution No. 1177 adopting a grant program for conversion of homes
from rental uses to owner-occupied family uses. Salisbury Neighborhood Housing Service would
administer the program in coordination with the Finance Department. To qualify for the program,
a property must have been used as a rental property for at least three prior years and is being
purchased to be converted into an owner-occupied family residence which will be occupied within
one year of purchase.
Mr. Comegys moved and Mr. Day seconded to amend Resolution No. 1177 as follows:
1. inserting a new paragraph A.6.a.1 in the definition of residence to read “A single-family
detached dwelling or designed for occupancy for only one family, which is not attached to
any other dwelling” and to renumber the current 1 and 2 to 2 and 3, respectively; and
2. amend the first paragraph in Section C by inserting the word “exclusively” before the
phrase “as a rental property” and to insert the word “exclusively” in the first line of
Section C.1. before the phrase “as a rental property.”
The amendment passed on a 3-1-1 vote (Mrs. Cathcart - nay; Ms. Siggers - abstain).
Mr. Mark Tilghman suggested to include language reflecting that houses in rental now, not that
might come into the future, would qualify for the program. This would curtail a growing number
of tax deferrals. Mr. Tilghman also suggested that language be included in both programs that the
owner occupants who would get the benefit not generate income from the property by renting
rooms within the property.
After further discussion, Resolution No. 1177, as amended, passed unanimously.
RESOLUTION NO. 1178 - APPROVING A COMPUTER AND TECHNOLOGY USE
POLICY
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1178. Information
Technology Director Ray Micciche introduced Resolution No. 1178 adopting a computer use
policy to define guidelines and restrictions regarding the use of computer resources and
communications technologies by City employees.
Resolution No. 1178 was unanimously approved.
RESOLUTION NO. 1179 - ENTERPRISE ZONE ELIGIBILITY - PERDUE POULTRY
RESEARCH & DEVELOPMENT FACILITY
Ms. Siggers moved and Mr. Day seconded to approve Resolution No. 1179. City Administrator
John Pick briefed the Council on Resolution No. 1179 declaring that the Perdue Poultry Research
& Development Facility located at 2110 Industrial Parkway was eligible to receive Enterprise
Zone benefits.
Resolution No. 1179 passed unanimously.
PUBLIC COMMENTS
Mr. James Trader reported on the status of his research on the oil spill problems on Lake Street
and suggested placing coat racks in the hallway by Council Chambers.
COUNCIL COMMENTS
Members of the Council extended their holiday greetings.
With no further business, the meeting adjourned at 7:39 p.m.
City Clerk
Council President
