CITY OF SALISBURY, MARYLAND
#5 MEETING MARCH 8, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers
ABSENT
Mayor Barrie P. Tilghman
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, Planning & Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council 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 Mrs. Cathcart and seconded by Mr. Comegys, the agenda as presented was unanimously approved.
ANNOUNCEMENT
Council President Dunn announced that the City Council would hold a public forum on Wednesday, March 31, 2004, to allow opportunity for the public to make comments and suggestions on issues facing the City. The meeting will be held in Council Chambers from 6:30 p.m. to 8:00 p.m.
APPROVAL OF FEBRUARY 23, 2004 MINUTES
The February 23, 2004 minutes were unanimously approved on a motion and a second by Mr. Comegys and Mr. Day, respectively.
ORDINANCE NO. 1896 - 2ND READING - BUDGET AMENDMENT FOR VARIOUS PUBLIC WORKS GENERAL FUND ITEMS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1896 for second reading. Public Works Director John Jacobs presented Ordinance No. 1896 amending the FY04 budget by appropriating funds for the City of Salisbury Zoo and critical equipment and facility repairs, and labor accounts depleted during Hurricane Isabel response and recovery operations. At the request of Mr. Jacobs, Mr. Comegys moved to amend Ordinance No. 1896 as follows:
• change the sum of $148,600 to $136,800 to the Fiscal Year 2004 General Fund Budget Current Surplus Available Account (001-0000-398.01-00);
• change the sum of $148,600 to $136,800 to the Fiscal Year 2004 General Fund Budget;
• change item i from $3,300 to $1,000 to the Zoo Buildings Account
(001-5110-551.70-15); and
• change item m from $20,000 to $10,500 to the Zoo Security Account
(001-5110-551.36-08).
Mrs. Cathcart seconded and the amendment passed unanimously. Ordinance No. 1896, as amended, was unanimously approved.
ORDINANCE NO. 1899 - 2ND 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 second reading. Executive Officer highlighted the provisions contained in Ordinance No. 1899 as follows:
• 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.
Although one member of the audience viewed Ordinance No. 1899 as a compromise, other speakers voiced concern (i.e., insufficient community input, Ordinance betrays the trust of people who elected the Council members, wanted tough laws to protect the single-family neighborhoods, licensing fees are less than other comparable municipalities, rental business should be paying as a commercial business, presence of perpetual “for rent” signs).
After further discussion, Ordinance No. 1899 for second reading passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1900 - 2ND 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 second reading adding Chapter 15.27, Property Maintenance Habitual Offender, to the Salisbury Municipal Code. Mr. Comegys moved and Mrs. Cathcart seconded to amend Ordinance No. 1900 as follows:
• Definition of Dwelling Unit to read: “Dwelling Unit” means a single unit providing living facilities for one or more persons, including permanent provision for living, sleeping, and sanitation.
• Definition of Habitual Offender to read: “Habitual Offender” means any person owning one (1) dwelling unit, who shall pay a fine assessed by the Department of Building, Housing & Zoning or be found guilty of violating Chapter 15.24 or Title 17 on three (3) separate occasions within a twenty-four (24) month period.
• Insert the language “or Title 17" in the following sections:
► 15.27.030B – second line after Chapter 15.24
► 15.27.030C - second and third lines after Chapter 15.24
► 15.27.040A - second line after Chapter 15.24
► 15.27.040B1 - fifth, sixth and seventh lines after Chapter 15.24
• Paragraph 15.27.040B2 to read: “If violations under Chapter 15.24 or Title 17 continue one year after the habitual offender designation, then the owner’s license under Section 15.26.040 shall be revoked for the subject rental dwelling unit, and the owner shall give sixty (60) days notice to vacate to the tenants of that rental dwelling unit. Any security deposit shall be returned pursuant to the provisions of Real Property Article, Title 8, Annotated Code of Maryland. The owner of the rental dwelling unit may correct all violations of Chapter 15.24 or Title 17 and after inspection and payment of a $1,000.00 fee to the City, the owner’s license for that rental dwelling unit shall be reinstated.
The amendment passed on a 4-1 vote with Ms. Siggers voting nay.
One resident supported the legislation while another was still concerned with a landlord trading property who was designated habitual offender and escapes any further fines.
Ordinance No. 1900 for second reading, as amended, passed on a 4-1 vote with Ms. Siggers casting the nay vote.
RESOLUTION NO. 1087 - ESTABLISHING RENTAL UNIT LICENSING AND HABITUAL OFFENDER FEE SCHEDULE
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1087. Building, Housing & Zoning Director William Holland addressed Resolution No. 1087 establishing the following fee schedule for Ordinance No. 1899 and Ordinance No. 1900:
• Rental Dwelling Unit Registration Fee (Section 15.26.030(a)) $25.00/unit
• Non-Registration Fee (Section 15.26.030(e)) $50.00/unit
• Annual Rental Owner License Fee (Section 15.26.040(a)) $25.00/year
• Inspection Fees (Section 15.26.060)
1st inspection No Fee
2nd inspection - repair complete No Fee
2nd inspection - repair incomplete $100.00
Any subsequent inspection for cited repair Increments of $100/inspection
• Inspection Fees (Section 15.27.040) - same as established for Section 15.26.060
Resolution No. 1087 passed on a 4-1 vote with Ms. Siggers voting nay.
ORDINANCE NO. 1901 - 2ND READING - TEXT AMENDMENT OF THE SALISBURY MUNICIPAL CODE TO ADD SCHOOLS OF SPECIAL INSTRUCTION AND INDOOR RECREATIONAL FACILITIES
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1901 for second reading. Planning & Zoning Director Jack Lenox explained that Ordinance No. 1901 amends Sections 17.76.020 and 17.80.060 of the Salisbury Municipal Code by adding Schools of Special Instruction and Indoor Recreational Facilities as permitted uses in the Light Industrial and Industrial Park Districts.
Ordinance No. 1901 for second reading passed unanimously.
PUBLIC HEARING - UPDATE ON STATUS OF SALISBURY NEIGHBORHOOD HOUSING SERVICE CDBG HOUSING REHAB PROJECT
Mrs. Cheryl Meadows, Director of Salisbury Neighborhood Housing Service, provided a status report on Salisbury Neighborhood Housing Service’s CDBG Housing Rehab Project. The CDBG funds have served thirteen households with two additional applications pending. The entire award of $150,000 has been committed. Funding is used for window replacement, door replacement, roof repairs, painting, plumbing and electrical repairs/upgrades and replacement of damaged flooring and porch repairs. In response to a question raised by a citizen, Mrs. Meadows clarified that these grant funds are only for owner-occupied homes on a first-come-first-served basis. One individual appreciated the grant program, particularly for the senior citizens. Councilwoman Siggers related her concern that some areas or persons had been denied or withheld grant funding. Mrs. Meadows reported that the geographic distribution of the funds was fairly even on this program – five in Camden, five on the West Side, two on Church Street and one in the general City limits.
(The Council recessed at 7:08 p.m. and reconvened at 7:12 p.m.)
PUBLIC HEARING - RESOLUTION NO. 1068 - THREE CREEKS-CAUSEY PROPERTY ANNEXATION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1068. Public Works Director John Jacobs introduced Resolution No. 1068 annexing 140 acres located on the northerly side of Naylor Mill Road and easterly side of Jersey Road to be known as the Three Creeks-Causey Property Annexation. The property is located within the Paleochannel Overlay District and would be zoned R-10 Residential upon annexation into the City. Development plans include a residential development containing 360 (maximum) single-family homes. A five to eight-year development cycle is anticipated to be done in two phases. Phase 1, on the southern portion, consists of 125 lots on 68 acres. Phase 2, northern portion, consists of 235 lots on 72 acres. A property tax exemption is being requested on Phase 2 until development commences. The developer will be required to do a traffic analysis to evaluate the traffic impact on Jersey Road and Naylor Mill. Upon the expiration of a 45-day waiting period, the annexation would become effective on April 22, 2004.
Mr. Jacobs and Mr. Brock Parker (Engineering Surveyor) addressed the concerns voiced by residents from a neighboring community regarding such issues as drainage, number of homes to be constructed, traffic impact, and ability of wastewater plant to handle the additional homes.
Ms Siggers noted that she was not against annexation, but believed the infrastructure already in place needed to be updated first. She believed the City needed to be responsible even if it meant putting annexations on hold.
Resolution No. 1068 was approved on a 4-1 vote with Ms. Siggers voting nay.
RESOLUTION NO. 1088 - ESTABLISHING DATE FOR A PUBLIC HEARING - SOUTH SCHUMAKER DRIVE-ROBERTSON, SCHULTZ & BRITTINGHAM ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1088. Public Works Director John Jacobs presented Resolution No. 1088 annexing 1.5 acres (three parcels – one vacant, two single-family) of property located on the northeasterly and southwesterly sides of South Schumaker Drive. The proposed annexation, to be known as the South Schumaker Drive-Robertson, Schultz & Brittingham Annexation, will be scheduled for a public hearing on April 12, 2004. Upon annexation, the property would be zoned R-10 Residential.
Resolution No. 1088, establishing April 12, 2004 for a public hearing on the South Schumaker Drive-Robertson, Schultz & Brittingham Annexation, was unanimously approved.
RESOLUTION NO. 1089 - ESTABLISHING DATE FOR A PUBLIC HEARING - HARFORD ROAD/HOMES AT FOXFIELD ADDITION ANNEXATION
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1089. Public Works Director John Jacobs introduced Resolution No. 1089 annexing .85 acres located on the southerly side of Harford Road to be known as the Harford Road/Homes at Foxfield Addition Annexation. It is currently vacant and will be the access road to an already annexed area, Homes at Foxfield. Upon annexation, the property would be zoned Light Business and Institutional. A public hearing will be scheduled for April 12, 2004.
Resolution No. 1089, establishing April 12, 2004 for a public hearing on the Harford Road/Homes at Foxfield Addition Annexation, passed unanimously.
RESOLUTION NO. 1090 - APPROVING TRAFFIC CHANGES ON ISABELLA STREET
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1090, approving traffic changes on Isabella Street. Mr. Comegys moved and Mrs. Cathcart seconded to amend Resolution No. 1090 by deleting the Now, Therefore, Be It Resolved paragraph and inserting the following language:
“NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Salisbury that a serpentine traffic pattern, along with associated signs, be created on Isabella Street from Mill Street to U.S. 13 by painting appropriate lines on the pavement to serve as a traffic calming measure, provided that a minimum lane width of 10 feet is maintained and that two-way, through traffic is maintained on this portion of Isabella St.
AND, BE IT FURTHER RESOLVED that the City Council will consider chicanes and center islands and other calming measures for Isabella Street, from Mill Street to U.S. 13, provided that grant funds to finance such projects can be secured.”
Mrs. Cathcart and Messrs. Comegys and Dunn voted in favor of the amendment. Ms. Siggers and Mr. Day abstained.
Public Works Director John Jacobs highlighted the proposed traffic calming improvements to Isabella Street. After discussion, including the use of hazard signs and flex posts, Mr. Comegys moved to amend the Now, Therefore, Be it Resolved paragraph by adding “to be determined at a later date” after the phrase along with associated signs. Mrs. Cathcart seconded the motion. Mrs. Cathcart and Messrs. Comegys and Dunn voted in favor. Ms. Siggers voted nay and Mr. Day abstained. Resolution No. 1090, as amended, passed on a 3-1 vote with Ms. Siggers voting nay. Mr. Day abstained.
RESOLUTION NO. 1091 - ADOPTING A POLICY ON REIMBURSEMENTS TO DEVELOPERS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1091. Public Works Director John Jacobs introduced Resolution No. 1091 adopting a revised policy on reimbursements to developers for the construction of public infrastructure supporting new development. In the proposed policy, the City will collect the connection charges and reimburse the initial developer that installed the infrastructure as others connect onto the facilities. The reimbursement will be based on the Consumer Price Index. The concept also includes that the reimbursement agreement will terminate ten years after the acceptance date of the facilities. However, upon request, the term may be extended to, but not exceeding two additional terms of ten years each by the City. The proposed policy would not affect any developer who has not executed a Public Works Agreement with the City on or before February 1, 2004. Annexations or developments that are in the pipeline will be discussed between the Executive Officer, the City Solicitor, the Director of Public Works and the developer and eventually will come before the Council for approval of the negotiations.
An attorney (representing two entities) and two developers expressed their concerns with the proposed policy (i.e., projects may be killed if developer cannot front the money, difficult for a developer to bear particularly for someone else to tack on at one developer’s expense) and suggested that further input was needed.
After further discussion, Mr. Day moved and Mrs. Cathcart seconded to postpone Resolution No. 1091 to a later date. All voted in favor of postponing Resolution No. 1091.
RESOLUTION NO. 1092 - RESOLUTION OF SUPPORT FOR COTTAGES OF RIVER HOUSE PHASE 2
Mr. Day moved and Mrs. Cathcart seconded to approve Resolution No. 1092. Executive Officer John Pick explained that Resolution No. 1092 endorses the development of the rental housing project on Pemberton Drive (Cottages at River House - Phase 2) for senior citizens with moderate and low incomes, approves the project financing in the form of a loan not to exceed $1,500,000 (provided either directly by the Department of Housing & Community Development of the State of Maryland or through the Department’s Community Development Administration), and approves the granting of a deferral of real estate taxes due during the first ten years of the project’s operation.
Resolution No. 1092 passed unanimously.
RESOLUTION NO. 1093 - APPOINTMENTS TO BOARD OF DIRECTORS OF THE FRIENDS OF POPLAR HILL MANSION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1093. Executive Officer John Pick submitted the following names for appointments to the Board of Directors of the Friends of Poplar Hill Mansion, Inc.:
Name Term Expiring
Louise C. Nock December 31, 2004
Doris W. Scott December 31, 2006
David W. Scott December 31, 2006
Resolution No. 1093 passed unanimously.
With no further business, the meeting adjourned at 8:35 p.m.
City Clerk
Council President