CITY OF SALISBURY, MARYLAND

CITY COUNCIL MEETING MINUTES JANUARY 25, 1999 MEETING #2

PRESENT

Council President Robert Cannon
Council Vice President Frank Himelright
Councilwoman Lavonzella Siggers
Councilman Palmer Gillis
Councilman James Ireton

IN ATTENDANCE

ABSENT

CONVENING - APPROVAL OF MINUTES JANUARY 11, 1999

The Salisbury City 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 President Cannon called the meeting to order.

On a motion by Mr. Himelright and seconded by Mr. Ireton, the minutes of January 11, 1999 were unanimously approved.

ORDINANCE NO. 1701 - 2ND READING - ADOPTION OF MARYLAND BUILDING PERFORMANCE STANDARDS

Mr. Ireton motioned and Ms. Siggers seconded to approve Ordinance No. 1701 to bring it on the floor for discussion. BHZ Director William Holland highlighted Ordinance No. 1701 which amends Sections 15.04.010, 15.04.020 and 15.04.030 of the Salisbury Municipal Code by adopting the 1996 International Mechanical Code, the 1996 BOCA National Building Code, the 1995 CABO One and Two Family Dwelling Code and the 1994 NFPA 101 Life Safety Code, as well as reducing the requirements for obtaining a permit and reducing the cost for a permit and plan review fee.

Mr. Himelright motioned to amend Sections B(2), B(3) and B(4) on page four to retain the current dollar amounts. Mr. Himelright opined that the dollar amount saved in revenue (approximately $20,000) would almost pay for an additional inspector. The motion died for lack of a second.

Mr. Holland believed that lowering the fees would encourage home repair. He estimated a loss of about $10,000 in revenue. Mr. Kenneth Holland and Mr. Richard Insley agreed and mentioned that it was more business friendly.

After further discussion, all voted in favor of Ordinance No. 1701 for second reading with the exception of Mr. Himelright who voted nay.

ORDINANCE NO. 1706 - 2ND READING - FY99 BUDGET AMENDMENT - WELLHEAD PROTECTION PROGRAM STATE GRANT

Ms. Siggers motioned and Mr. Gillis seconded to approve Ordinance No. 1706 to bring it on the floor for discussion. Public Works Director Wil Elliott presented Ordinance No. 1706, a budget amendment of $10,500 for a wellhead protection State grant.

After a brief discussion, Ordinance No. 1706 for second reading passed unanimously.

ORDINANCE NO. 1704 - 1ST READING - AMENDING RUBBISH DEFINITION TO INCLUDE INTERIOR FURNISHINGS

Mr. Ireton motioned and Ms. Siggers seconded to approve Ordinance No. 1704 to bring it on the floor for discussion. Mr. Gillis motioned to table Ordinance No. 1704 because of questions raised concerning enforceability of the ordinance. Mr. Himelright seconded the motion. All voted in favor of tabling Ordinance No. 1704 with the exception of Mr. Ireton who voted nay.

ORDINANCE NO. 1710 - 1ST READING - TIME PERIOD FOR REMOVAL OF RUBBISH

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1710 to bring it on the floor for discussion. BHZ Director William Holland presented Ordinance No. 1710 as an ordinance amending Sections 15.24.1340 and 15.24.1380 of the Salisbury Municipal Code by 1) changing the removal of rubbish from ten days to seven days and 2) changing the appeal from the City Council to the Housing Board of Adjustments & Appeals.

Ms. Siggers related that she was not in support of the seven day time period. She favored the current ten day requirement and it was her understanding that the citizens wanted more enforcement on the existing ten day removal period requirement. Concern was also expressed about the process of disposing of the rubbish. Mr. Holland reported that an inspector is on site to ensure that only the specific items are removed.

Mr. John Robinson, Mr. Richard Insley and Mr. Robert Gladden felt that the current ten day requirement was reasonable. Mr. Gillis and Mr. Cannon understood that the public was not satisfied with the ten days and wanted the rubbish removed in a shorter period of time.

Mr. Himelright motioned and Mr. Ireton seconded to amend the Whereas paragraph to reflect that an appeal would be filed with the Housing Board of Adjustments & Appeals instead of the City Council. All voted in favor of the amendment with the exception of Ms. Siggers who did not vote. On the vote to approve Ordinance No. 1710 for first reading, as amended, all voted in favor with the exception of Ms. Siggers who voted nay.

ORDINANCE NO. 1707 - 1ST READING - TRASH CANS LEFT ON STREET

Mr. Himelright motioned and Mr. Ireton seconded to approve Ordinance No. 1707 to bring it on the floor for discussion. BHZ Director addressed Ordinance No. 1707 which establishes penalties for the violation of existing ordinances relating to trash receptacles and container removal (Section 8.16.080 of the Salisbury Municipal Code).

Mr. Ireton motioned and Mr. Himelright seconded to amend Section B1 of Ordinance No. 1707 to read a dated adhesive notice instead of an adhesive notice. All voted in favor of the amendment.

Mr. Himelright motioned to amend the ordinance to include bringing the trash receptacle in by 8:00 a.m. the following morning. City Solicitor Paul Wilber advised Council that Section 8.16.060G refers to the 11:00 p.m. removal time. If Council wished to change the time, another ordinance would need to be prepared or Council could add it to this ordinance. Mr. Himelright withdrew his motion.

After discussing the effective date of the ordinance, Ms. Siggers motioned to amend page three by changing the effective date to October 1, 1999. This would allow SAPOA time to print their brochure and allow time to educate the public. Mr. Ireton seconded and the amendment passed unanimously.

Ms. Siggers voiced concern that the multi-units were not given enough trash cans initially by the City and, in her opinion, those units should be issued additional cans. She was also concerned with the number of cans in disrepair.

After further discussion, Ordinance No. 1707 for first reading, as amended, passed unanimously.

ORDINANCE NO. 1708 - 1ST 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. Ordinance No. 1708, amending Section 15.24.720 of the Salisbury Municipal Code, was introduced by BHZ Director William Holland.

A discussion ensued on whether to delete the requirement that exterior siding shall be maintained to prevent the accumulation or growth of mold and mildew. Mr. Cannon felt it was too subjective and may be difficult to enforce. Ms. Siggers suggested tabling the ordinance since these concerns were also expressed in the work session. Mr. Gillis believed that the ordinance was only giving BHZ guidelines to work within and he had no problem with keeping the requirement in the ordinance. Mr. Himelright felt that people should be able to take the mildew off with bleach and water and the language should be kept in the ordinance. In his opinion, mildew on fences was also a health hazard. Comments from the audience included eliminating the mildew requirement to leaving it in, but change the wording (i.e., include thickness of mildew).

On the motion to approve Ordinance No. 1708, Mr. Gillis, Mr. Himelright and Mr. Ireton voted aye; Ms. Siggers and Mr. Cannon nay. Ordinance No. 1708 passed on first reading.

ORDINANCE NO. 1709 - 1ST READING - DOG ORDINANCE

Mr. Ireton motioned and Mr. Himelright seconded to approve Ordinance No. 1709 to bring it on the floor for discussion. Capt. Willey of the Salisbury Police Department briefed Council on Ordinance No. 1709, amending Chapter 6.04 of the Salisbury Municipal Code. The ordinance incorporates the County's ordinance and will allow for more enforcement for health and safety reasons. Mr. Wilber related that the previous language in the "pooper scooper" ordinance will be incorporated for the second reading.

Mr. Himelright suggested deleting the word grow on page three (No person shall keep paragraph) and changing grow to raise on page fifteen (No person shall keep paragraph). Mr. Ireton asked to change may to shall on page fourteen (first line of Section E) as discussed in the work session.

After further discussion, including clarifying the difference between potentially dangerous and dangerous dogs, the vote was unanimous approving Ordinance No. 1709 for first reading.

RESOLUTION NO. 630 - AUTHORIZING THE APPLICATION TO CONVERT POS LAND

Ms. Siggers motioned and Mr. Ireton seconded to approve Resolution No. 630 to bring it on the floor for discussion.

Executive Officer John Pick briefed Council on Resolution No. 630 which authorizes the application for conversion of the Program Open Space land adjacent to the marina restaurant site. As required, an appraisal and an Environmental Transaction Screen were performed and will be submitted with the application.

With no further discussion, Resolution No. 630 passed unanimously.

MANUFACTURING TAX EXEMPTION REQUEST - INTEGRITY MACHINE INC.

Finance Director Roger Baskerville presented Integrity Machine Inc.'s request for an exemption from taxation on manufacturing equipment purchased in calendar year 1997. Since they meet the Charter requirements of SC7-45, Mr. Baskerville recommended that a five year exemption be granted beginning with tax year July 1, 1998 - June 30, 1999. The exemption equates to approximately $1,928.00 over the next five years.

Council unanimously approved Integrity Machine Inc.'s request.

AWARD OF BIDS

The following items were presented for approval by Director of Procurement & Parking Carol Turner, C.P.M., CPPB:

1. Professional Services (001-1701-515.33-01)
Paul D. Wilber . . . . . . . . . . . . . . . . . $ 8,911.34
2. Declaration of Surplus and sale of 1998 Ford Expedition
Laurel Fire Department . . . . . . . . . . . . .$ 29,999.01
3. Contract No. 101-99 City Vehicles and Trucks
A. Police Vehicles - PD (001-2105-521.70-25)
Pittsville Motors . . . . . . . . . . . . .$ 67,400.00
B. 3/4 T. Window Van - PW (601-3705-532.70-25)
Courtesy Chevrolet . . . . . . . . . . . . .$ 19,166.45
C. 3 T. Dump Truck - PW (601-4105-532.86-00)
Barr International, Inc. . . . . . . . . . .$ 64,625.00
D. Station Wagon - EMS (605-2610-523.70-25)
Hertrich Fleet . . . . . . . . . . . . . . .$ 16,090.00
E. 3/4 T. Pickup w/utility body & equipment - WWTP (601-4101-533.70-25)
Courtesy Chevrolet . . . . . . . . . . . . .$ 25,800.00
4. Contract No. 11-99-RCY
Collection of Residential Recyclables (001-3315-532.36-14)
BFI . . . . . . . . . . . . . . . . . . . . . . .$128,107.20

Item #1 - Upon a motion by Mr. Himelright and seconded by Ms. Siggers, item #1 was unanimously approved. Item #2 - Mr. Gillis motioned and Mr. Himelright seconded to approve item #2 to bring it on the floor for discussion. After clarifying that the cell phone was not included with the vehicle, item #2 was approved unanimously.

Item #3 - Mr. Himelright motioned and Mr. Ireton seconded to approve item 3 to bring it on the floor for discussion. Mr. Himelright related his concerns with trading in four police vehicles when there was the possibility that another department (i.e., BHZ) could use them. Major Livingston pointed out that you usually don't get a large trade-in on police vehicles because of wear and tear and mileage. Mr. Holland related that the police vehicles in his department have had the power steering and the transmission replaced. Mr. Pick opined that used police vehicles are more of a liability and questioned if it was wise to keep them in the fleet and continually be in the shop for repairs. Mr. Cannon questioned the cost of repairs versus the cost of a new vehicle.

Mrs. Turner advised Council that she only had a thirty day window in which to order the police vehicles. Mr. Himelright thought they could be ordered, but we would not know whether it would be with a trade-in or full payment price. Mrs. Turner interjected that usually a written signed contract with a commitment to price is required, but she may be able to work something out.

In regards to the station wagon for EMS, Mr. Himelright suggested giving the bid to the local dealer instead because usually you would get better service. Mrs. Turner indicated that would be no problem if it had been stated in the document in advance.

After further discussion, item #3 was unanimously approved with the understanding that the police vehicles will either be traded in or full payment price, depending upon giving any vehicle to another department.

Item #4 - Mr. Ireton motioned and Mr. Himelright seconded to approve item #4 to bring it on the floor for discussion. After discussion, including Mrs. Turner's clarification that the bid documents read that the vendors could bid on recycling, on trash pick up (solid waste) or both, all voted in favor of item #4 with the exception of Mr. Himelright who voted nay.

MAYOR'S COMMENTS

In Mayor Tilghman's absence, Executive Officer John Pick presented the issues being addressed by the Mayor's Office and staff.

COUNCIL PRESIDENT'S COMMENTS

No comments.

PUBLIC COMMENTS

Mr. John Robinson commented that he was proud Council was actually doing something for the City of Salisbury. Mr. Michael Day asked Council to go easy on the Charter changes. Councilman Ireton related that the residents in his area and the Princeton Homes neighborhood would like to see the mounted horse patrol in their areas.

With no further business, the meeting adjourned at 9:32 p.m.

City Clerk

Council President