PRESENT
Mayor Barrie P. Tilghman
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis**
Councilman James Ireton*
* left at 8:10 p.m.
** left at 8:55 p.m.
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council Vice President Himelright called the meeting to order.
On a motion by Mr. Ireton and seconded by Mr. Gillis, the minutes of February 22, 1999 were unanimously approved.
Mr. Gillis disclosed that he would be abstaining on all the Enterprise Zone Resolutions and therefore left the Council Chambers during the discussions of Resolutions 636 through 641.
Mr. Ireton motioned and Ms. Siggers seconded to approve Resolution No. 636 to bring it on the floor for discussion. Executive Officer John Pick presented DDP4 LLC's request for the Pemberton Plaza Shopping Center to be designated as qualified for Enterprise Zone benefits based on the fact that they have invested in excess of $50,000 for improvements. Mr. Pick informed Council that the shopping center has been renamed Salisbury Plaza.
With no further comments, Resolution No. 636 passed unanimously (Mr. Gillis abstained).
Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 637 to bring it on the floor for discussion. Resolution No. 637, as introduced by Executive Officer John Pick, represents Chesapeake East's request to be qualified for Enterprise Zone benefits since they have invested in excess of $50,000 in the building's renovation.
With no further comments, Resolution No. 637 passed unanimously (Mr. Gillis abstained).
Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 638 to bring it on the floor for discussion. Executive Officer John Pick presented Plaza Gallery LLC's request for designation as qualified for Enterprise Zone benefits for the property they own at 208 and 210 West Main Street. The company invested in excess of $50,000 for renovations.
After a brief discussion, Resolution No. 638 passed unanimously (Mr. Gillis abstained).
Mr. Ireton motioned and Ms. Siggers seconded to approve Resolution No. 639 to bring it on the floor for discussion. Executive Officer John Pick introduced Darwin Development Group's request to be designated as qualified for Enterprise Zone benefits for their property located at 305 W. Gordy Road. The owners invested in excess of $50,000 by constructing a new building on the property.
With no further comments, Resolution No. 639 passed unanimously (Mr. Gillis abstained).
Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 640 to bring it on the floor for discussion. Resolution No. 640, as briefed by Executive Officer John Pick, represents Windsor Development LLC's request to be designated as qualified for Enterprise Zone benefits. The owners invested in excess of $50,000 by constructing a building on the property.
After a brief discussion, Resolution No. 640 passed unanimously (Mr. Gillis abstained).
Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 641 to bring it on the floor for discussion. Executive Officer John Pick presented George and Connie Strott's request to be designated as qualified for Enterprise Zone benefits for their properties located at 122 N. Division Street (C&C, LLC, T/A Nellie's Flowers), 124 N. Division Street (Aesop's Table) and 126 N. Division Street (George Strott, P.A.).
Mr. Pick noted that the law firm of George Strott, P.A. would be designated as eligible for the Employment Tax Credit benefit effective January 1, 1998, Aesop's Table designated as eligible for the Employment Tax Credit benefit effective July 1, 1998 and C & C, LLC designated as eligible for Employment Tax Credit benefit effective December 1, 1998. The original request asked for Aesop's Table to be designated December 1, 1998, but the request could not be granted because they did not meet the job creation requirement until June 1998. All of the businesses would be eligible for the Property Tax Credit benefit upon the adoption of Resolution No. 641.
After further discussion, Resolution No. 641 passed unanimously (Mr. Gillis abstained).
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1715 to bring it on the floor for discussion. Planning & Zoning Director Kris Hughes addressed Ordinance No. 1715 as a text amendment to the Zoning Code allowing non-accessory offices on church owned properties contiguous to existing religious structures for use by non-profit organizations in R-5, R-8 and R-10 Residential Districts. The request was submitted by Urban Ministries.
With no further comments, Resolution No. 1715 passed unanimously.
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1716 to bring it on the floor for discussion. Ordinance No. 1716, as highlighted by Planning & Zoning Director Kris Hughes, is a Planned Residential Development (PRD #9) known as St. Alban's Commons which includes mixed commercial and residential uses. Mr. Hughes asked to modify Page 4, item E4, by returning it to its previous language (four commercial lots) at the request of the applicant.
Mr. Gillis disclosed that he would be abstaining from voting on this issue. Mr. Ireton motioned and Ms. Siggers seconded to amend item E4 by changing to four commercial lots. All voted in favor of the amendment except for Mr. Gillis who abstained.
Mr. Steve Smethurst, attorney for the applicant, addressed the abrogation clause, Section 17.117.100. Originally, eighteen months was included, but was changed to three years on first reading. Mr. Smethurst related that the project is contingent upon getting the necessary consents of the residents who live on the east side of Beaglin Park Drive to a modification of a 70 ft. setback agreement. If they do not get a majority agreement, then the project cannot go forth. In their opinion, eighteen months was sufficient time to obtain the consents and still go to the Planning Commission for approval of the final Comprehensive Development Plan. Mr. Smethurst thought three years was a long time to hold the project in suspension if they were not able to obtain the consents and, therefore, suggested two years rather than three years.
Mr. Hughes opined that the question of how long you hold this open is a subjective judgment call. He was trying to protect the public and the developer by increasing to three years. Other than securing the consents, other factors may also come into play (i.e., market forces, other properties in the vicinity) which could affect whether this project goes forward. The public was being protected with this window so that the property was developed in the manner in which it was reviewed and approved by the Planning Commission. It also holds the developer's feet to the fire for the stated period of time since it would be the only permitted use for this property. If the time expires within this clause, the zoning reverts to the original Commercial zoning and would change the type of project for this property.
After further discussion, Mr. Ireton motioned to amend Section 17.117.100 by changing the time period from three years to two years. Mr. Himelright and Mr. Ireton voted aye. Ms. Siggers voted nay and Mr. Gillis abstained. Ordinance No. 1716, as amended, passed on second reading with Mr. Himelright, Mr. Ireton and Ms. Siggers voting aye. Ms. Siggers noted that although she was in support of the project, she was not in support of the amendment. Mr. Gillis abstained.
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1717 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie and Public Works Director Wil Elliott addressed Ordinance No. 1717, a budget amendment appropriating funds ($6,226) for the Police Department's overtime account from the sale of a 1995 Tahoe which was seized during a drug investigation and appropriating the revenues received from the County ($28,808.86) for work done on Dickerson Lane's storm water system. The monies will be used to reimburse PDK.
With no further comments, all voted in favor of Ordinance No. 1717 for second reading with the exception of Ms. Siggers who voted nay.
Mr. Gillis motioned and Mr. Ireton seconded to approve Resolution No. 642 to bring it on the floor for discussion. Finance Director Roger Baskerville introduced Resolution No. 642 authorizing the City to borrow $4,860,000 on the following projects:
General Fund
1. Northeast Collector Road $1,365,000
2. Isabella Street Box Culvert 846,300
3. Fire Engine 172,900
Total General Fund $2,384,200
Water Fund
1. Northeast Collector Road Water Main $ 361,100
Route 50 to Old Ocean City Road
2. Northeast Collector Road Water Main 334,880
Old Ocean City Road to Middle Neck Drive
3. Water Main Upgrade - Isabella Street 273,000
Total Water Fund $ 968,980
Sewer Fund
1. Northeast Collector Road Sewer Main $ 541,620
Route 50 to Old Ocean City Road
2. Northeast Collector Road Sewer Main 502,320
Old Ocean City Rd. to Middle Neck Drive
3. Sewer Main Upgrade - Isabella Street 409,500
Total Sewer Fund $1,453,440
Cost of Issuance and Contingency $ 53,380
This Resolution would enable the City to go out for RFP's to banking institutions. Although Mr. Baskerville did not know what the interest rate would be at this time, he would request a fifteen-year issue and a twenty-year issue for comparison. Once this is in place, an Ordinance will come back to Council depicting the breakdown on the debt service amounts.
After further discussion, Mr. Gillis, Mr. Ireton and Mr. Himelright voted in favor of Resolution No. 642. Ms. Siggers was not present during the vote.
Mr. Ireton motioned and Mr. Gillis seconded to approve Ordinance No. 1704 to bring it on the floor for discussion. Building, Housing & Zoning Director Bill Holland presented Ordinance No. 1704 amending Section 15.24.570 of the Code relating to the removal of interior types of furnishings on open porches or in front yards. The occupant will receive a notice of the violation which will be placed in a conspicuous place on the property and a notice will be mailed. The items must be removed within seven days. If not, the City has the authority to remove the items to the landfill. Ordinance 1704 will take effect October 1, 1999.
A brief discussion followed on 1) whether a copy of the notice should be mailed to the property owner; 2) if the items could be held for a period of time before disposing of them at the landfill; and 3) who would be responsible for the bill. Mr. Wilber thought the consensus of the work session discussion was only to send a notice to the occupant. Mr. Ireton recalled that there was concern on where the items would be stored. Mr. Pick related that it would be the cost of doing business and reiterated Council President Cannon's comment from the work session that it was best to absorb the cost just to get rid of the items. Ms. Siggers was concerned with the number of days allowed for removal of the items.
Ms. Donna Vernon and Mr. Robert Ryan expressed their support of the Ordinance. Mr. Ryan suggested that these items may pose a health hazard as well as unsightly. With no further discussion, Messrs. Gillis, Ireton and Himelright voted in favor of Ordinance No. 1704 for first reading. Ms. Siggers voted nay.
Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1718 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie introduced Ordinance No. 1718 which repeals Sections 9.08.170, 9.08.180, 9.08.190 and 9.08.200 of the Code and replaces with Section 9.08.170 Prostitution. He suggested deleting the language on page 2, item B, may not disobey a request by a police officer to move on, as previously discussed in the work session.
Mr. Gillis motioned to amend item B by ending the sentence after the word people (deleting may not disobey a request by a police officer to move on). Mr. Ireton seconded and the amendment passed unanimously.
Ms. Siggers expressed concern with the language, if someone should enter the house and did not know what was taking place, in item E on page three. Mr. Wilber suggested adding the following language at the end of the sentence: for the purpose of engaging in or promoting prostitution.
After further discussion, Mr. Ireton motioned and Ms. Siggers seconded to amend item E by adding the language as suggested by Mr. Wilber. The amendment passed unanimously. Ordinance No. 1718, as amended for first reading, passed unanimously.
Ms. Siggers motioned and Mr. Gillis seconded to approve Ordinance No. 1719 to bring it on the floor for discussion. Acting Police Chief Ed Guthrie presented Ordinance No. 1719, an ordinance prohibiting the possession of open containers of alcoholic beverages except by permit for special events or on public property adjacent to the proposed marina restaurant site. The ordinance will take effect October 1, 1999.
A discussion ensued concerning Section B relating to the consumption of alcoholic beverages by passengers in the living quarters of a motor home equipped with a toilet. Ms. Siggers thought that a passenger in a car should be subject to the same standards as a motor home since they are not driving. Acting Police Chief Guthrie related that State Traffic Code prohibits an open container in a car. City Solicitor Wilber reported that State law specifically exempts living quarters of motor homes or Charter buses and recommended that the City be in line with the State law to have easier enforcement.
After further discussion, all voted in favor of Ordinance No. 1719 for first reading.
Mr. Gillis motioned and Ms. Siggers seconded to approve Resolution No. 625 to bring it on the floor for discussion. Executive Officer John Pick gave an overview of Resolution No. 625 which incorporates provisions relating to the new pay and classification plan and performance evaluation plan, and adopts other pay policies.
Mr. Gillis motioned to amend Resolution No. 625 by adding the following language at the end of Section 3.8: The term of the employee being assigned in an acting capacity shall not be for more than a period of six months without the advice and consent of the City Council. Mr. Himelright seconded and the amendment passed unanimously.
After further discussion, including the appeal process for an employee who disagrees with the performance evaluation, Resolution No. 625, as amended, passed unanimously.
The following item was presented by Executive Officer John Pick:
1. Professional Services (001-1701-515.33-01)
Robert A. Eaton . . . . . . . . . . . . . . . . . .$2,244.00
Upon a motion by Ms. Siggers and seconded by Mr. Gillis, the above item was unanimously approved.
Mayor Tilghman gave a status report on events and issues being handled by the Mayor's Office and her staff.
No comments.
Mr. Ken Conklin requested to use parking lot #10 for a carnival to raise money for Easter Seals. Mr. Kris Hughes, as President of the Newtown Association, thanked Mayor Tilghman and BHZ Director Holland for their quick response in addressing one of his neighbor's problems after hours. Mr. Michael Day, Vice President of the Newtown Association, thanked Public Works Director Elliott for changing the light at Main and Division.
With no further business, the meeting adjourned at 9:05 p.m.
City Clerk
Council Vice President