CITY OF SALISBURY, MARYLAND
#4 MEETING FEBRUARY 23, 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 *
left at 7:15 p.m.
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Building, Housing & Zoning Director William Holland, Public Works Director John Jacobs, Fire Chief David See, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Planning & Zoning Director Jack Lenox, 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.
Mr. Day moved and Mr. Comegys seconded to approve the agenda as presented. Ms. Siggers moved to add Resolution No. 1086 (extending the time required to complete the disposition contract for the sale of the Ulman Theatre property - parking lot #15) to the agenda. Mr. Comegys seconded and the amendment passed unanimously.
Mr. Comegys moved and Ms. Siggers seconded to delete Ordinance No. 1896 (budget amendment for various Public Works General Fund items) from the agenda. The amendment passed unanimously.
The agenda, as amended, was unanimously approved.
APPROVAL OF FEBRUARY 9, 2004 MINUTES
On a motion by Mr. Day and seconded by Mrs. Cathcart, the February 9, 2004 minutes were unanimously approved.
CERTIFICATE OF APPRECIATION
Mayor Tilghman presented a Certificate of Appreciation to Mr. Gary Peek, an employee of the Building, Housing & Zoning Department, for providing assistance and comfort to a fellow City employee who had difficulty breathing until an ambulance arrived.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Day seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner:
1. EMS computer for trainer (605-2610-523.70-35; over budget . . . . . . . . . . . . . . $1,676.00
Dell
2. Project Order #5227, Change Order No. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$19,920.00
Final design for Phase I expansion & advanced BNR upgrade for Salisbury WWTP
(302-4190-537.30-20)
O’Brien & Gere Engineers, Inc.
3. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Fire Department Utility Vehicle 16-1
The above items were unanimously approved.
ORDINANCE NO. 1897 - 2ND READING BUDGET AMENDMENT FOR VARIOUS PUBLIC WORKS WATER AND SEWER FUND ITEMS
Mr. Comegys moved and Ms. Siggers seconded to approve Ordinance No. 1897 for second reading. Public Works Director presented Ordinance No. 1897 amending the FY04 budget to appropriate funds for overtime labor accounts and to replenish equipment, facility and labor accounts expended in response to Hurricane Isabel. Mr. Jacobs requested that Council amend Ordinance No. 1897 as follows:
Paragraph 3 - change $46,300 to $45,300; and
Paragraph 4d - change from $2,000 to $1,000.
Mr. Comegys moved to amend Ordinance No. 1897 as requested. Mr. Day seconded and the amendment passed unanimously. Ordinance No. 1897, as amended for second reading, was unanimously approved.
ORDINANCE NO. 1899 - 1ST READING - AMENDING CHAPTER 15.26, RENTAL OF RESIDENTIAL PREMISES, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1899 for first reading. Mayor Tilghman introduced Ordinance No. 1899 amending Chapter 15.26, Rental of Residential Premises, of the Salisbury Municipal Code by requiring the registration of rental dwelling units and owners permits, providing for complaint-based and random inspections of rental dwelling units and authorizing enforcement by City officials. The Ordinance includes:
• one-time registration fee for all rental units in the City;
• annual license for owners of rental property;
• random mandatory inspections in the R-5, R-8 and R-10 Districts;
• complaint driven and inspector initiated inspections in all zoning districts;
• first inspection without charge;
• second inspection without charge if the violation has been corrected;
• escalating scale of cost for subsequent reinspections;
• scale of fees to be set by the Council through a Resolution; and
• City will seek an administrative search warrant if entry is denied.
Two members of the audience voiced their support of the Ordinance while three others shared their concerns (i.e., proposed fee would not support the program; eliminates consideration of zoning laws, previous Ordinance represented a standard across the United States).
All voted in favor of Ordinance No. 1899 with the exception of Ms. Siggers who voted nay.
ORDINANCE NO. 1900- 1ST READING - ADDING CHAPTER 15.27, PROPERTY MAINTENANCE HABITUAL OFFENDER, TO THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mr. Day seconded to approve Ordinance No. 1900 for first reading. Mayor Tilghman presented Ordinance No. 1900 adding Chapter 15.27, Property Maintenance Habitual Offender, to the Salisbury Municipal Code. The Ordinance provides a procedure for establishment of fines and collection of fines from the owners of residential dwelling units who are repeat offenders under the Housing Code and provides for a licensing of subject rental dwelling units. Highlights of the Ordinance includes:
• three violations, whether rental or owner-occupied, with issuance of fines or a finding of guilt within a twenty-four month period deems a property an habitual offender;
• annual license fee of $500 assessed for rental unit habitual offender;
• fines normally assessed for violations of the property maintenance code will be tripled for habitual offender properties;
• any fees not paid will be filed as liens on the property;
• habitual offender status lasts for a minimum of five years – will be removed once property has gone for five consecutive years without a violation;
• property owner can have more than one habitual offender property status; and
• if property changes ownership and is brought into code compliance, habitual offender status will be removed.
After receiving pro and con comments from five members of the audience (i.e., in conjunction with Ordinance No. 1899, gives City the teeth it needs, questioned ability to collect fines, all
properties of an habitual offender should be inspected), Ordinance No. 1900 passed on a 4-1 vote with Ms. Siggers casting the nay vote.
(The Council took a break at 7:12 p.m. and reconvened at 7:15 p.m.
PUBLIC HEARING - ORDINANCE NO. 1901- 1ST READING - TEXT AMENDMENTS TO THE SALISBURY MUNICIPAL CODE, PERMITTED USES IN THE LIGHT INDUSTRIAL AND INDUSTRIAL PARK DISTRICTS, TO ADD SCHOOLS OF SPECIAL INSTRUCTION AND INDOOR RECREATIONAL FACILITIES
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1901 for first reading. Director of Planning & Zoning Jack Lenox and Planner Gloria Smith addressed Ordinance No. 1901. The Ordinance amends Sections 17.76.020 and 17.80.060 of the Salisbury Municipal Code, Permitted Uses in the Light Industrial and Industrial Park Districts, by adding Schools of Special Instruction and Indoor Recreational Facilities. The Planning Commission forwarded a favorable recommendation to the Council for adoption of the text amendments.
No public comments were received. Ordinance No. 1901 for first reading passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 1067 - JOHNSON ROAD-JOHNSON’S RETREAT ANNEXATION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1067. Public Works Director John Jacobs presented Resolution No. 1067 annexing 24.4 acres located on the southeasterly side of Johnson Road to be known as the Johnson Road-Johnson’s Retreat Annexation. The property would be zoned R-10 Residential upon annexation into the City. Development plans include a 93-lot single-family development. The Resolution would become effective upon the expiration of 45 days (April 8, 2004).
No public comments were received. All voted in favor of Resolution No. 1067 with the exception of Ms. Siggers who abstained.
PUBLIC HEARING - RESOLUTION NO. 1069 - GLEN AVENUE-STEPHENS PROPERTY ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1069. Resolution No. 1069, as introduced by Public Works Director John Jacobs, annexes a .4 acre parcel located on the southerly side of Glen Avenue and the westerly side of Chelsea Court to be known as the Glen Avenue-Stephens Property Annexation. The property would be zoned R-8A Residential upon annexation. Development plans include a three-unit apartment building as an addition to the Chelsea Court Apartments. Following the expiration of 45 days, the Resolution would become effective on April 8, 2004.
No public comments were received. All voted in favor of Resolution No. 1069 with the exception of Ms. Siggers who abstained.
RESOLUTION NO. 1082 - APPROVING TEMPORARY ROAD CLOSURE OF S. DIVISION STREET AND E. MAIN STREET
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1082. Public Works Director John Jacobs reported that Resolution No. 1082 authorizes a temporary road closure of S. Division Street and E. Main Street for approximately fifty days. The owners of the One Plaza East building require a temporary closure to repair and perform maintenance on the exterior of their building.
After a brief discussion, including noting that the closure may interfere with the Salisbury Festival, Resolution No. 1082 passed unanimously.
RESOLUTION NO. 1083 - AUTHORIZING THE FIRE CHIEF, OR HIS DESIGNEE, TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE WICOMICO COUNTY DEPARTMENT OF EMERGENCY SERVICES, EMERGENCY MANAGEMENT AGENCY, AND ACCEPTING A WELLS CARGO EXPRESS WAGON TRAILER
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1083. Fire Chief David See presented Resolution No. 1083 authorizing the Fire Chief, or his designee, to sign a memorandum of understanding between Wicomico County Department of Emergency Services, Emergency Management Agency, regarding the grant of domestic preparedness equipment to the City of Salisbury Fire Department and accepting a Wells Cargo Express wagon trailer for use by the Salisbury Fire Department.
Resolution No. 1083 passed unanimously.
RESOLUTION NO. 1084 - APPOINTMENTS TO MARINA COMMITTEE
Ms. Siggers moved and Mr. Day seconded to approve Resolution No. 1084. On behalf of Mayor Tilghman, Executive Officer John Pick recommended the appointments and reappointment of the following individuals:
Appointments Carol Williamson for a term ending January 2006
Karl Glover for a term ending January 2005
Reappointment Richard Anderson for a term ending January 2006
Resolution No. 1084 was unanimously approved.
RESOLUTION NO. 1085 - MARINA COMMITTEE OPERATING RECOMMENDATIONS
Ms. Siggers moved and Mrs. Cathcart seconded to approve Resolution No. 1085. Executive Officer John Pick provided an overview of Resolution No. 1085 adopting the Marina Committee’s recommendation by changing the procedure for issuing annual slip rental contracts, implementing semi-annual slip rental contracts, amending the slip rental fee schedule, changing the operating hours at the Port of Salisbury Marina and authorizing the Marina Committee to make future changes in Marina operating hours provided that the operating schedule is within the adopted Marina operating budget.
Since the Marina Committee was an advisory group, Ms. Siggers related that she was not in support of item #5 in the Resolution (authorizing the Marina Committee to make future changes to the operating schedule provided that the operating schedule stays with the Marina’s operating budget).
Resolution No. 1085 passed unanimously.
RESOLUTION NO. 1086 - EXTENDING TIME REQUIRED TO COMPLETE THE DISPOSITION CONTRACT FOR THE SALE OF THE ULMAN THEATRE PROPERTY - PARKING LOT #15
Mrs. Cathcart moved and Mr. Day seconded to approve Resolution No. 1086. Director of Procurement & Parking Carol Turner explained that Resolution No. 1086 extends the time required to complete a disposition contract for the Ulman Theatre property (parking lot #15) with Mr. Randolph J. Taylor. Mr. Taylor requested an additional sixty days (until April 20, 2004) to complete the design plans and execute the disposition contract.
Resolution No. 1086 was unanimously approved.
With no further business, the meeting adjourned at 7:50 p.m.
City Clerk
Council President