CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES FEBRUARY 8, 1999 MEETING #3

PRESENT

Mayor Barrie P. Tilghman
Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman James Ireton

IN ATTENDANCE

CONVENING - APPROVAL OF MINUTES JANUARY 25, 1999

The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. A moment of silence was held for Randolph Outen, Executive Director of O.U.R. Community, who passed away last week. The Lord's Prayer was repeated and the Pledge of Allegiance was recited. Council President Cannon called the meeting to order.

On a motion by Ms. Siggers and seconded by Mr. Ireton, the minutes of January 25, 1999 were unanimously approved.

ORDINANCE NO. 1705 - 2ND READING - VEHICLES PARKED IN FRONT YARDS

Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1705 to bring it on the floor for discussion. Mr. Ireton motioned and Ms. Siggers seconded to withdraw Ordinance No. 1705 in light of the suggestions submitted by Major Livingston of the Salisbury Police Department. The motion passed unanimously. A new ordinance will come before Council at a later date.

ORDINANCE NO. 1710 - 2ND READING - TIME PERIOD FOR REMOVAL OF RUBBISH

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1710 to bring it on the floor for discussion. Ordinance No. 1710, as presented by BHZ Director William Holland, amends Sections 15.24.1340 and 15.24.1380 of the Property Maintenance Code by changing the operative time period from ten days to seven days and having the appeals heard by the Housing Board of Adjustments & Appeals instead of the City Council.

Ms. Siggers asked if the seven days were consecutive days or business days and if it starts from the date of written notice or receipt of notice by mail. Mr. Wilber opined that the seven days start upon the posting of the notice on the property. Ms. Siggers believed this to be a disservice to the property owners who were out of town and thought it should be clarified consecutive or business days and from what date. Mr. Robert Cannon, Sr. expressed his preference for the ten days and referred to a notice he received on one of his properties. The items were to be removed by December 2nd, but he did not receive the written notice by mail until December 3rd.

After further discussion, all voted in favor of Ordinance No. 1710 for second reading with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1707 - 2ND READING - TRASH CANS LEFT ON STREET

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1707 to bring it on the floor for discussion. BHZ Director briefed Council on Ordinance No. 1707 which amends Section 8.16.080 of the Code by establishing penalties for the violation of existing ordinances relating to trash receptacles and container removal. The Ordinance will take effect October 1, 1999.

Questions were raised about the time for removing the receptacle after trash collection and who was responsible for damaged containers. Ms. Siggers commented that it should be defined on who is held responsible, whether it's the City or the resident. Mr. Himelright related that the City initially furnished the cans, but now each resident buys their own can. Mr. Gillis mentioned that there have been instances in which the City replaced cans when it was determined that the City truck was the cause of the disrepair.

After further discussion, all voted in favor of Ordinance No. 1707 for second reading.

ORDINANCE NO. 1708 - 2ND READING - REQUIRING REPLACEMENT SIDING TO BE CONSISTENT WITH EXISTING SIDING AND REQUIRING MILDEW TO BE WASHED OFF EXTERIOR WALLS

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1708 to bring it on the floor for discussion. BHZ Director William Holland presented Ordinance No. 1708 which amends Section 15.24.720 of the Property Maintenance Code by including that the replacement of exterior siding should match the color of the existing siding and that exterior siding should be maintained to prevent accumulation of mold and mildew.

Mr. Himelright suggested to include that the replacement siding shall match as close as possible the color of the existing siding. Mr. Holland hoped that the inspectors would take that under consideration. In Ms. Siggers opinion, if it was stated as such in the ordinance, then there would be no question. In addition, it would be a financial hardship for some persons, particularly senior citizens, who may not be able to comply with the ordinance. She hoped that some funding would be available or information of possible resources to assist them in making the improvements. Mayor Tilghman suggested that Lori Carter in Planning & Zoning may be able to help. Mr. Cannon had no problem with the siding requirement, but disagreed with the mold and mildew portion. In his opinion, it was too subjective.

Mr. Richard Adkins voiced his concern with the mold and mildew section. He thought it should be deleted from the Ordinance since each individual may have a different definition of mold and mildew accumulation.

With no further discussion, Mr. Gillis, Mr. Himelright and Mr. Ireton voted in favor of Ordinance No. 1708; Ms. Siggers and Mr. Cannon nay. Ordinance No. 1708 passed for second reading.

ORDINANCE NO. 1709 - 2ND READING - DOG ORDINANCE

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1709, amending Dogs, Fowl and Other Animals (Chapter 6.04) of the City Codes, to bring it on the floor for discussion. Capt. Willey highlighted the changes which were incorporated in the Ordinance since the first reading. These included the breeding of dangerous dogs and adjustment of the fine schedule. Animal Control Officer Tim Shearin clarified that inflicting a bite means breaking the skin which is a Health Department policy.

Ms. Siggers commented that she was pleased with a few areas in the new Ordinance, but was not pleased with some other areas. Even though she was concerned about the public's safety, she would not be voting in favor of Ordinance No. 1709. Mr. Gene Groten thought too much power was being given, but Ms. Mary Draper disagreed based on the problems she has incurred with dangerous dogs.

Mr. Gillis motioned and Mr. Himelright seconded to amend page 12, item A1 by inserting the word or at the end. Mr. Himelright motioned and Mr. Gillis seconded to delete item E3 on page 14 and renumber the following item. The amendments passed unanimously. All voted in favor of Ordinance No. 1709, as amended for second reading, with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1702 - 1ST READING - FY99 BUDGET AMENDMENT - MOVING UNAPPROPRIATED SURPLUS TO PURCHASING DEPARTMENT FOR TELECOMMUNICATIONS CONSULTANT

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1702 to bring it on the floor for discussion. Director of Procurement & Parking Carol Turner introduced Ordinance No. 1702 as an amendment to the Fiscal Year 1999 budget to cover costs associated with the hiring of a telecommunications consultant. TeleSource, Inc. will provide a needs analysis, prepare the specifications and a request for proposals, provide an evaluation and analysis of bids, as well as minor project management for providing the City with a new telephone system. The billing will be done on an hourly basis with a $12,600 ceiling cap.

After a brief discussion, Ordinance No. 1702 passed unanimously for first reading.

PUBLIC HEARING - ORDINANCE NO. 1711 - 1ST READING MALLARD LANDING PRD #6 TEXT AMENDMENT

Mr. Ireton motioned and Ms. Siggers seconded to approve Ordinance No. 1711 to bring it on the floor for discussion. Mr. Gillis disclosed that he would be abstaining from voting on this issue.

Planning & Zoning Planner Gloria Smith introduced Ordinance No. 1711 which amends Chapter 17.148, Planned Residential District No. 6 - Mallard Landing. Senior LifeChoice Corp. submitted a request to amend the text of Section 17.148.050 (D1) and (D2) by changing the number of assisted living facilities from 90 to 78 and the number of apartment buildings from 105 to 114 units. The Planning Commission forwarded a favorable recommendation to the City Council for approval.

Mr. George Burnett, Jr., Executive Director of Mallard Landing Development Corporation, noted that the changes were requested to address the changing market conditions.

All voted in favor of Ordinance No. 1711 for first reading with the exception of Mr. Gillis who abstained because of a potential conflict of interest.

PUBLIC HEARING - ORDINANCE NO. 1712 - 1ST READING TEXT AMENDMENT - SIGN STANDARDS

Ms. Siggers motioned and Mr. Ireton seconded to approve Ordinance No. 1712 to bring it on the floor for discussion. Ordinance No. 1712, as introduced by Planning & Zoning Planner Gloria Smith, amends Section 17.216.200B(8) of the Salisbury Municipal Code to read that two banners of no more than twenty-four square feet each in area for no more than fourteen consecutive days in any year shall not require a permit and that such banners shall be kept in good repair and removed when the banner becomes damaged or unreadable. The Planning Commission forwarded a favorable recommendation to the Council for approval. Although the Commission did not accept the recommendation of the Planning Staff, the Staff ultimately supported the Commission's recommendation. The County Council has authorized the Planning & Zoning Director and the County attorney to also draft legislation for the County's sign standards to include banners.

Mr. Gillis noted that this language is different from what was previously discussed by Council, but it represents something that Mr. Matthews could agree to and recommend to the County Council. It also is more restrictive than what Council proposed.

Mr. Himelright was in favor of what Council had discussed before and was skeptical of voting on something that may be different from what the County passes. Ms. Siggers also expressed concern that the language was different from what was previously discussed.

After further discussion, including whether to eliminate the time limit, Mr. Himelright made a motion to amend Ordinance No. 1712 to read four banners of no more than sixty-four square feet total in area and change the fourteen days to thirty days. The motion died for lack of a second.

Mr. Cannon requested that Ms. Smith report back at the second reading on why the Commission changed the thirty days as recommended by the Planning Staff to fourteen days which is already in the Code.

On the vote to approve Ordinance No. 1712 for first reading, all voted in favor with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1713 - 1ST READING - FY99 BUDGET AMENDMENT - REPLACING POLICE VEHICLES

Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1713 to bring it on the floor for discussion. Col. Guthrie introduced Ordinance No. 1713 as a FY99 budget amendment to cover the costs associated with the replacement of two police vehicles. A total of $34,411 will be appropriated from the General Revenue Accounts ($14,811 - #001-0000-36915-00, $19,600 - #001-0000-39200-00) and $34,411 will be added to the Police Department Capital Vehicle Account (#001-2105-521.70-25).

After discussion, Ordinance No. 1713 for first reading passed unanimously.

RESOLUTION NO. 631 - ONLEY RD./CEDAR CROSSING ANNEXATION

Mr. Ireton motioned and Mr. Gillis seconded to approve Resolution No. 631 to bring it on the floor for discussion. City Solicitor Paul Wilber presented the Onley Rd./Cedar Crossing annexation request of 6.3 acres which is located on the north side of Onley Road.

Public Works Director Wil Elliott reported the following impact estimates: 1) population - 90 persons; 2) 8,600 gallons per day for water and sewer use; 3) 360 vehicular trips per day; 4) 315 pounds of solid waste per day; 5) .45 acres to be set aside for recreation area; 6) 17 school age children; and 7) stormwater management plan must be approved by County Public Works Department. Special conditions for the annexation include: 1) Comprehensive Development Plan for development of the site shall be reviewed by and approved by the Planning Commission; and 2) the rows of cedar trees adjoining the northerly side of Onley Road, the south side of Christiansen Lane and those located internally on the site shall be retained to the maximum extent feasible. The Planning & Zoning Commission recommended R-8 Residential zoning.

Mr. Elliott reported that they are looking at options/alternatives (i.e., controlled intersection with signal) to facilitate the traffic concerns in the area.

In response to Ms. Siggers' query, Mr. Donnie Williams responded that he met with the community to discuss their concerns and based on their input he changed the concept from fifty-nine townhouses to thirty-six single-family houses (mixture of rental and purchase).

Because of his concerns with increased traffic in the neighborhood, particularly with the development of Holly Grove, Mr. Ireton asked if this annexation could be delayed. Ms. Siggers shared the traffic concerns, but she was more concerned on whether the community was receptive to the project. However, no one was in attendance expressing any concerns as they had previously. Mr. Gillis and Mr. Cannon could see no compelling reason to delay.

After further discussion, all voted in favor of Resolution No. 631 with the exception of Mr. Ireton who abstained.

RESOLUTION NO. 632 - PUBLIC ACCESS AGREEMENT - PROGRAMMING COMMITTEE RULES AND REGULATIONS

Mr. Himelright motioned and Mr. Ireton seconded to approve Resolution No. 632 to bring it on the floor for discussion. Executive Officer John Pick gave an overview of Resolution No. 632 which adopts an agreement between the City, Salisbury State University and Wicomico County for the purpose of operating and maintaining a public access channel.

Ms. Siggers disclosed that she had not thoroughly reviewed the documents and did not feel qualified to vote. She conceptually was in favor and had advocated public access for quite some time, but would abstain from voting on the Resolution. Mr. Gillis reiterated his advocacy for the elimination of the cable franchise fee. However, he would be a proponent of taking some of the franchise fee that is collected and apply it to funding public access. Mr. Cannon agreed. In his opinion, it seemed inequitable to charge a franchise fee just because you can. However, if there were any costs associated to the City with respect to the cable company (i.e., attorney fees, establishing franchise agreement with the cable company), you could use the franchise fee for that purpose and perhaps for a contribution to the public access channel.

Mr. Jerry Waldron, from Salisbury State University, reported that they have $50,000 for the first twelve months of operation. The funding came from the County and business leaders within the community. Future growth, increasing the equipment and staff, would necessitate more involvement for funding from the County, the private sector and the City.

Mr. Pick explained that Comcast provided equipment about fifteen years ago as one of the requirements when the City adopted the franchise agreement. Most of that equipment is outdated and of little value. There is no mechanism under the law for the City as a franchising authority to require a contribution from Comcast for public access equipment. If the City wanted to get a contribution from Comcast, Comcast will put that on the bill as an additional franchise tax which they have the ability to do under the law. Comcast is providing the channel for public access.

Mr. Robert Ryan encouraged Council to feed back the 5% franchise fee into the public access channel so it would grow and prosper.

After further discussion, all voted in favor of Resolution No. 632 with the exception of Ms. Siggers who abstained.

RESOLUTION NO. 633 - "CHOOSE TO SAVE" PROGRAM

Mr. Himelright motioned and Mr. Ireton seconded to approve Resolution No. 633 to bring it on the floor for discussion. Executive Officer John Pick briefed Council on Resolution No. 633 which endorses the Public-Sector "Choose to Save" program. The program is sponsored by the International City Management Association - Retirement Corporation and is designed to promote increased savings by public sector employees.

After a brief discussion, Resolution No. 633 passed unanimously.

RESOLUTION NO. 634 - APPOINTMENTS TO ETHICS COMMISSION

Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 634 to bring it on the floor for discussion. Mayor Tilghman requested that the discussion be postponed until she addresses a particular issue. Mr. Ireton motioned to table Resolution No. 634. Ms. Siggers seconded and the vote was unanimous.

AWARD OF BIDS

None presented.

MAYOR'S COMMENTS

Mayor Tilghman advised that a meeting for public input on the budget would be held on Thursday, February 11, 1999, at Prince Street School at 7:00 p.m. and briefly commented on the events and issues taking place with her staff.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. Gene Groten inquired on the status of the mounted horse patrol and the NET program.

With no further business, the meeting adjourned at 10:03 p.m.

City Clerk Council President