CITY OF SALISBURY, MARYLAND
#11 MEETING MAY 23, 2005
PRESENT
Council President Michael P. Dunn Council Vice President Gary A. Comegys
Councilwoman Deborah S. Campbell Councilwoman Lynn B. Cathcart
Councilwoman Eugenie P. Shields
ABSENT
Mayor Barrie P. Tilghman
IN ATTENDANCE
Executive Office Associate Gina Boobar, City Administrator John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Community Development Director Deborah Stam, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Police Chief Allan Webster, Director of Building, Housing & Zoning William Holland, Public Works Director John Jacobs, Deputy Fire Chief Tim Keenan, Planning & Zoning Director Jack Lenox, Grants/Special Projects Director Loré Chambers, 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.
Council President Dunn announced that Gina Boobar, of the Mayor’s Office, would be taking minutes at tonight’s meeting in the absence of both the City Clerk and the Assistant City Clerk. He thanked her for serving in this capacity. President Dunn also announced that it was Mrs. Campbell’s birthday. The Council presented Mrs. Campbell with flowers.
Mrs. Shields moved and Mr. Comegys seconded to approve the agenda as presented. Mrs. Cathcart moved to amend the agenda as follows:
w delete Resolution No. 1250, establishing date for a public hearing – Mack Lane-University Park
Phase II Annexation; and
w add Resolution No. 1253, authorizing the Mayor to sign an amendment to the Memorandum of
Understanding between the City and Salisbury University providing for the payment-in-lieu-of-taxes
to be extended to Phase II of the University Park student housing project.
Mr. Comegys seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
PROCLAMATION PROCLAIMING “HOMEOWNERSHIP MONTH”
In Mayor Tilghman’s absence, Council President Dunn presented a proclamation proclaiming June 2005 as “Homeownership Month” in the City of Salisbury. James Kelly, Director of HUD’s Baltimore Field Office, was present to accept the proclamation.
APPROVAL OF MAY 9, 2005 MINUTES
On a motion and a second by Mr. Comegys and Mrs. Cathcart, respectively, the minutes of May 9, 2005 were unanimously approved.
AWARD OF BIDS
Mrs. Cathcart moved and Mr. Comegys seconded to approve the Award of Bids. The following items were presented for approval by Director of Procurement and Parking Carol Turner:
1. Declaration of surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
2. Contract No. 113-05. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$987,000
Renovations to Fire Station #1
(31155-513026-43001)
Richard D. Meredith, Inc.
The above items were unanimously approved.
ORDINANCE #1941 – 1ST READING – EXTENDING THE PERIOD OF EXISTING LAWFUL OCCUPANCY BY MORE THAN TWO UNRELATED PERSONS WITHIN THE “FAMILY” DEFINITION AS SET FORTH IN SECTION 17.04.120, DEFINITIONS, OF THE SALISBURY MUNICIPAL CODE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1941 for first reading. Council President Dunn explained that the 4-to-2 legislation is scheduled to begin City-wide on July 1, 2005. This ordinance postpones that start date for 90 days (to October 1, 2005).
City Solicitor Paul Wilber gave a brief background on the 4-to-2 legislation. Mr. Wilber said he has several concerns with the legislation as written, including: (1) a 2-1/2 year sunset provision is too short; 6 to 10 years is much safer; (2) most other cities allow for a density higher than two; (3) the City could consider forming an Appeals Board; (4) it does not address protected classes of citizens; and (4) currently the zoning code and the building code are different – they need to be consistent. The City Council needs to receive more input from the legal department, BHZ, Planning & Zoning, Fire Department, and the Police Department.
Mrs. Shields agreed to the postponement. She never agreed with the 4-to-2 legislation believing it would bring an undue hardship on low-income families. Mrs. Shields suggested applying it only to the area around the University and forming a landlord-tenant committee to discuss problems and issues.
Mrs. Campbell indicated that they need to look at housing solutions, but surrendering our single-family neighborhoods was not the solution.
Mr. Comegys did not support the legislation as written. In his opinion, the primary problem is the ratio between owner-occupied and rental properties which this legislation does not address. A compromise is needed.
Mrs. Cathcart agreed that we need to come up with a compromise that benefits the community.
Council President Dunn remarked that no one is going to get everything they want in regards to this issue, but the Council is dedicated to continuing to work on a solution and a compromise.
Ordinance No. 1941 for first reading passed on a 4-1 vote with Mrs. Campbell voting nay.
PUBLIC HEARING – CONSTANT YIELD TAX RATE
Finance Director John Cawley explained the Constant Yield Tax Rate procedure. The State requires municipalities to advertise and hold a public hearing on a proposed real property tax rate increase. He stressed that the individual homeowner is not going to see a tax increase.
A resident asked for clarification since it was his understanding that the Public Notice stated the tax rate would increase 2.1%. Mr. Cawley explained that if the estimated future year tax revenue, based on the municipalities’ current tax rate, exceeds the estimated current year revenue, then the state requires the municipality to advertise this as a tax increase. As long as the assessed value of your property does not change, you will not see a tax increase.
There was no further public comment.
ORDINANCE NO. 1937 - 2ND READING – APPROVING FY06 BUDGET
Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1937 for second reading. The total FY06 budget for all funds is $44,202,700. Council President Dunn thanked John Pick, John Cawley, and Ken Johanning for all their assistance with the budget preparation.
Mrs. Cathcart reported that $60,000 of unallocated funds was discovered during the Council budget review. Council decided to reserve this money for a re-organization of the Department of Building, Housing & Zoning. The City is going to consider using St. Paul, Minnesota, as a model. The Mayor has until October 1, 2005, to get back to Council with a proposal for this re-organization.
Mr. Comegys related that the FY06 budget eliminates the EMS Fund. All revenues will go into the General Fund. Also, the City had the funds available in the FY06 budget to implement the recommendations of the Total Compensation Study.
Mrs. Campbell reported that the FY06 budget includes the purchase and use of an electronic meter reading system. Although at first she thought the cost was too high, after a demonstration it was obvious this system would result in much greater efficiency and accuracy.
Mrs. Shields expressed that the budget includes funds for a much needed traffic light at the intersection of Pemberton Drive and Parsons Road.
Ordinance No. 1937 for second reading passed unanimously.
ORDINANCE NO. 1938 - 2ND READING – TEXT AMENDMENTS TO SECTIONS 17.68.020 AND 17.68.040 OF THE SALISBURY MUNICIPAL CODE, PERMITTED USES AND DEVELOPMENT STANDARDS IN THE HOSPITAL DISTRICT, TO AMEND THE HEIGHT LIMITATIONS ON HOSPITAL ACCESSORY STRUCTURES
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1938 for second reading. Planning & Zoning Director Jack Lenox, along with Mr. Bruce Patterson, Director of Facilities Management at PRMC, presented Ordinance No. 1938. The Ordinance amends sections 17.68.020H and 17.68.040C of the Salisbury Municipal Code to permit hospital accessory structures to be constructed to a height of seventy-five (75) feet.
Ordinance No. 1938 for second reading passed unanimously.
ORDINANCE NO. 1939 - 2ND READING – AMENDING 8.04.050, FALSE ALARMS, OF THE SALISBURY MUNICIPAL CODE
Mrs. Cathcart moved and Mrs. Shields seconded to approve Ordinance No. 1939 for second reading. Police Chief Allan Webster addressed Ordinance No. 1939 amending Section 8.04.050, False Alarms, of the Salisbury Municipal Code.
Ordinance No. 1939 for second reading passed unanimously.
ORDINANCE NO. 1940 - 2ND READING – BUDGET AMENDMENT AMENDING THE EMS FUND BUDGET TO PROVIDE FUNDING FOR THE RENOVATION AND ADDITION TO FIRE STATION #1
Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. 1940 for second reading. Deputy Fire Chief Tim Keenan addressed Ordinance No. 1940 amending the FY05 EMS Fund budget to provide funding for the renovation and addition to Fire Station #1. $194,750 will be transferred from the EMS Fund to the General Fund revenue.
Ordinance No. 1940 for second reading passed unanimously.
ORDINANCE NO. 1942 – 1ST READING – AMENDING CHAPTER 15.26, RENTAL OF RESIDENTIAL PREMISES, OF THE SALISBURY MUNICIPAL CODE TO CREATE SANCTIONS FOR LANDLORDS WHO FAIL OR REFUSE TO REGISTER PROPERTIES OR OBTAIN OR RENEW A LICENSE
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1942 for first reading. Building, Housing & Zoning Director William Holland introduced Resolution No. 1942, amending Chapter 15.26, Rental of Residential Premises, of the Salisbury Municipal Code to create sanctions for landlords who fail or refuse to register properties or obtain or renew a license. The purpose of this amendment is to provide a stronger penalty for landlords who fail or neglect to register their units and obtain a license. Mrs. Campbell recommended stronger language addressing tenant protection issues. Mr. Comegys suggested taking some of the proceeds generated by these higher penalties and putting them into a fund for tenant relief (to cover relocation, etc) to renters being displaced through no fault of their own.
After further discussion, Council agreed to schedule the second reading of this ordinance on the June 20th Council agenda, to provide time for staff to consider the above issues and possibly change the language. Ordinance No. 1942 for first reading passed unanimously.
ORDINANCE NO. 1943 – 1ST READING – AMENDING SECTION 15.24.160, PENALTY, OF THE SALISBURY MUNICIPAL CODE TO INCREASE FINES FOR INTERIOR AND EXTERIOR CODE VIOLATIONS
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Ordinance No. 1943 for first reading. Building, Housing & Zoning Director William Holland introduced Ordinance No. 1943 amending section 15.24.160, Penalty, of the Salisbury Municipal Code to increase fines for interior and exterior code violations. The purpose of this change is to reduce the paper work and time involved in writing municipal infractions.
Ordinance No. 1943 for first reading passed unanimously
Council took a break at 7:30 p.m. and reconvened at 7:38 p.m.
ORDINANCE NO. 1944 – 1ST READING – CLOSING OF HENRY STREET
Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1944 for first reading. Planning & Zoning Director Jack Lenox introduced Ordinance No. 1944 authorizing the closure of Henry Street (formerly known as Center Street). This closure will facilitate improved parking and traffic circulation associated with the intended reuse of the building formerly occupied by Service Merchandise.
Ordinance No. 1944 for first reading passed unanimously
RESOLUTION NO. 1240 – APPROVING CDBG 2005 ACTION PLAN AND PROJECTS
Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1240. Community Development Director Deborah Stam presented Resolution No. 1240 approving the CDBG 2005 Action Plan and projects. Mrs. Campbell commended Ms. Stam for the improved process for public input this year. Also, she hopes to see the percentage of funds spent on administrative costs decrease in the future.
Resolution No. 1240 passed unanimously.
RESOLUTION NO. 1247 – CHARTER AMENDMENT TO STANDARDIZE THE PROVISIONS FOR APPOINTMENT, SUPERVISION AND TERMINATION OF DEPARTMENT HEADS; CORRECTING A CHARTER REFERENCE IN SC2-7; REPLACING SC2-10 WITH A REVISED PROCEDURE FOR THE DISCHARGE OF CERTAIN DEPARTMENT HEADS; CORRECTING REFERENCES TO THE POSITION OF EXECUTIVE OFFICER AND EXECUTIVE SECRETARY; REMOVING REFERENCES TO THE POSITION OF CITY TREASURER AND REPLACE WITH REFERENCES TO THE FINANCE DIRECTOR; CHANGING THE NAME OF THE DEPARTMENT OF PURCHASING TO THE DEPARTMENT OF PROCUREMENT; DELETING SC11-11 – OUTDATED PROVISION CONCERNING CONTROL OF BRIDGES; AND CHANGING REFERENCES FROM POLICEMAN AND FIREMAN TO POLICE OFFICERS AND FIREFIGHTERS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1247. City Administrator John Pick presented Resolution No. 1247, amending the charter to standardize the provisions for appointment, supervision and termination of department heads, and correct various inaccuracies and inconsistencies in the charter. He recommended Council amend Resolution No. 1247 as follows:
w Remove section SC7-46. This section was already amended in Resolution 1246, presented by
Lindsey Rader and passed at the previous Council meeting.
w Replace the language “and shall serve at the pleasure of the Mayor and a majority of the full Council”
which is at the beginning of each Department’s section, with “and shall serve
continuously unless terminated pursuant to § SC2-10.”
Mrs. Cathcart moved and Mr. Comegys seconded to amend Resolution No. 1247 to incorporate the recommended changes as presented by Mr. Pick. The amendment passed unanimously.
Resolution No. 1247, as amended, passed unanimously.
ORDINANCE NO. 1945 - 1ST READING – AMENDING CHAPTER 2.12, DEPARTMENT OF BUILDING, HOUSING & ZONING & CHAPTER 2.20, HUMAN RESOURCES DEPARTMENT, OF THE SALISBURY MUNICIPAL CODE TO PROVIDE PROCEDURES FOR THE APPOINTMENT, SUPERVISION AND TERMINATION OF THE DIRECTOR
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1945 for first reading. City Administrator John Pick presented Ordinance No. 1945, amending Chapters 2.12, Department of Building, Housing and Zoning, and 2.20, Human Resources Department, of the Salisbury Municipal Code to provide procedures for the appointment, supervision and termination of the director. Mr. Pick explained that the purpose of this ordinance is the same as for Resolution No. 1247.
Ordinance No. 1945 for first reading passed unanimously.
RESOLUTION NO. 1248 – ESTABLISHING RATES FOR EMERGENCY MEDICAL SERVICES
Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1248. Deputy Fire Chief Tim Keenan introduced Resolution No. 1248 establishing rates for emergency medical services. Deputy Chief Keenan recommended Council amend Resolution No. 1248, items #5 and #7, changing “Medicaid” to “Medicare.” This was a clerical error.
Mr. Comegys moved and Mrs. Cathcart seconded to amend Resolution No. 1248 to incorporate the recommended changes as presented by Deputy Chief Keenan. The amendment passed unanimously. Resolution No. 1248, as amended, passed unanimously.
RESOLUTION NO. 1249 – ACCEPTING GRANT FUNDS AWARDED THROUGH THE WICOMICO PARTNERSHIP FOR FAMILIES AND CHILDREN FOR THE DESIGNATED WEED AND SEED AREAS
Mrs. Campbell moved and Mrs. Cathcart seconded to approve Resolution No. 1249. Police Chief Allan Webster presented Resolution No. 1249 accepting $40,000 in grant funds awarded through the Wicomico Partnership for Families and Children for the designated Weed and Seed areas.
Resolution No. 1249 was approved on a 4-0-1 vote (Mrs. Shields abstained).
RESOLUTION NO. 1251 – ESTABLISHING DATE FOR A PUBLIC HEARING –
S. DIVISION STREET/HEARNE ANNEXATION
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1251. Public Works Director John Jacobs, along with Mike Wigley, Chris Davis, Frank Willing, and Bill Hearne, introduced Resolution No. 1251 proposing to annex 49.7 acres located on the Easterly side of South Division Street and the Northerly side of Dykes Road, to be known as the South Division Street/Hearne Property Annexation. Upon annexation, the property would be zoned light business and R-8A residential. Proposed development includes 24,000 sq.ft. of retail and/or office space plus 468 residential units (condo flats and townhouse condos). A public hearing will be scheduled for July 11, 2005.
Council expressed concern about going forward with the annexation before a traffic study is completed. They want to make sure to include the appropriate intersection improvements as condition of development. The traffic study cannot be done until the fall, when both the University and public schools are back in session. The developers indicated they were flexible regarding the traffic-flow plan for the development, but they would prefer not to have to wait until fall for annexation approval. Mr. Jacobs suggested the numbers from the Onley Road/Bateman Street traffic study be used so this can move forward. City Solicitor Paul Wilber noted that one of the conditions for site plan approval is that the traffic study must be satisfactory to Public Works. Council agreed to move ahead on this annexation, with the numbers from the existing traffic study being used, under the condition of being fully briefed by Public Works before site plan approval.
Resolution No. 1251 passed unanimously.
RESOLUTION NO. 1252 – APPOINTMENT TO PAC14 BOARD OF DIRECTORS
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1252. City Administrator John Pick presented the Mayor’s recommendation to appoint Michael Day to the PAC14 Board of Directors.
Resolution No. 1252 passed unanimously.
RESOLUTION NO. 1253 – AUTHORIZING THE MAYOR TO SIGN AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND SALISBURY UNIVERSITY PROVIDING FOR THE PAYMENT-IN-LIEU-OF-TAXES TO BE EXTENDED TO PHASE II OF THE UNIVERSITY PARK STUDENT HOUSING PROJECT
Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1253. City Administrator John Pick introduced Resolution No. 1253 authorizing the Mayor to sign an amendment to the Memorandum of Understanding between the City and Salisbury University providing for the PILOT to be extended to Phase II of the University Park student housing project. The University has requested the Phase II project be annexed to the City.
Mrs. Cathcart and Mrs. Campbell expressed concerns with the University paying only 50% of the taxes and suggested that Council consider increasing this percentage. Mrs. Campbell recommended a discussion on the impact of Senate Bill 901, which addresses issues related to this and takes effect on June 1, 2005. Mrs. Campbell moved and Mrs. Cathcart seconded to postpone action on Resolution No. 1253 for 30 days. City Administrator John Pick said 30 days would not be sufficient time. Mrs. Campbell moved to amend her previous motion to postpone action on Resolution No. 1253 for 60 days. Mrs. Cathcart seconded the motion. The motion to postpone Resolution No. 1253, as amended, passed unanimously.
With no further business, the meeting adjourned at 8:42 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED SESSION
JUNE 6, 2005
TIME & PLACE: 4:30 p.m., Conference Room 305 – City/County Government Office
Building
PURPOSE: Consult with legal counsel for update on pending litigation and
acquisition of property
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)
PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys,
Councilwoman Deborah Campbell, Councilwoman Lynn Cathcart, City
Clerk Brenda Colegrove, City Administrator John Pick, City Solicitor
Paul Wilber
ABSENT: Councilwoman Eugenie Shields
At 4:30 p.m., in Conference Room 305 of the City/County Government Office Building, Mr. Comegys moved to convene in Closed Session to receive an update from the City Solicitor on pending litigation cases and acquisition of property as permitted under the Annotated Code of Maryland Sections 10-508(a)(3)(7). Mrs. Cathcart seconded and vote was unanimous.
City Solicitor Paul Wilber provided a status report on the City’s effort in acquiring two properties. After a brief discussion, the Council provided guidance on proceeding with the acquisitions. Mr. Wilber also summarized the litigation cases involving the City. No action was taken – briefing only.
At 4:55 p.m., upon a motion and a second by Mrs. Cathcart and Mrs. Campbell, respectively, the closed session adjourned and the Council convened in open session.
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Executive Office Associate
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Council Vice President