CITY OF SALISBURY, MARYLAND
#24 MEETING DECEMBER 9, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilman Michael Day
Councilwoman Rachel Polk Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Allan Webster, Fire Chief Steve Brezler, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The Mayor and Council met in regular session at 7:00 p.m. in Council Chambers. Council President Siggers called the meeting to order. The Lord's Prayer and the Pledge of Allegiance were recited.
Mr. Webster moved to amend the agenda by moving Resolution Nos. 914 through 919 to the top of the agenda (after approval of minutes). Mr. Scott seconded and the amendment passed unanimously.
Mr. Scott moved and Mr. Webster seconded to amend the agenda by deleting the Award of Bids and the Manufacturing Exemption Request for Cato Oil. The amendment passed unanimously.
The agenda, as amended, was unanimously approved.
PUBLIC COMMENTS
Citizens attending the meeting commented on a letter to the editor in today’s edition of The Daily Times and the 4-2 text amendment, and inquired on the status of the Police Chief investigation.
COUNCIL COMMENTS
Mr. Webster thanked Access 26 for telecasting the meetings live for those persons who could not attend and mentioned that there would be other items to accompany the 4-2 legislation (i.e., landlord licensing, inspection of properties).
Mr. Scott thanked Ms. Burley for her comments relative to the letter to the editor in The Daily Times. In regards to the 4-2 legislation, he believed the Council would try to do their best to save the community.
Mr. Day related that the Council was not anti-tour boat and believed they made the best decision at the time.
Mrs. Polk applauded Ms. Burley’s comments concerning the letter to the editor. She referred to vandalism of a business which occurred once again in the Church Street area in spite of receiving HotSpot and Weed and Seed funding for extra patrol. It was her understanding that the responding officer stated it was Council’s fault for not providing enough funding which was not true.
Ms. Siggers also extended her appreciation to Ms. Burley for her comments.
APPROVAL OF NOVEMBER 25, 2002 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Webster, the minutes of November 25, 2002 were unanimously approved.
RESOLUTION NO. 914 - ACCEPTING FUNDS AWARDED THROUGH A GRANT FROM PROGRAM OPEN SPACE FOR LAKE STREET PLAYGROUND IMPROVEMENTS
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 914. Ms. Deborah Stam presented Resolution No. 914 accepting a $42,000 Program Open Space grant for phase 2 of the Lake Street playground improvements.
Resolution No. 914 passed unanimously.
RESOLUTION NO. 915 - RESOLUTION OF SUPPORT FOR REVISION OF ENTERPRISE ZONE BOUNDARIES
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 915. Ms. Deborah Stam introduced Resolution No. 915 as a Resolution supporting an addition to the application and expansion of the Salisbury-Wicomico Enterprise Zone.
Resolution No. 915 passed unanimously.
RESOLUTION NO. 916 - ACCEPTING FUNDS AWARDED THROUGH A GRANT FROM SAM’S CLUB FOUNDATION
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 916. Police Chief Allan Webster addressed Resolution No. 916 accepting $600 awarded through a grant from the Sam’s
Club Foundation to purchase Child Fingerprint Kits for the Salisbury Police Department’s Crime Prevention Unit.
Resolution No. 916 passed unanimously.
RESOLUTION NO. 917 - ACCEPTING SAFE NEIGHBORHOOD HEROES GRANT FROM WAL-MART
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 917. Fire Chief Steve Brezler introduced Resolution No. 917 accepting a Safe Neighborhood Heroes Grant of $400 to purchase emergency medical promotional materials for EMS Week for the Salisbury Fire Department/EMS.
Resolution No. 917 passed unanimously.
RESOLUTION NO. 918 - ACCEPTING $10,000 GRANT FROM UNIVERSITY OF MARYLAND EASTERN SHORE
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 918. Mr. Jim Rapp presented Resolution No. 918 accepting a $10,000 grant from the University of Maryland Eastern Shore for an operational review and update of the Master Plan of the Salisbury Zoological Park.
Resolution No. 918 passed unanimously.
RESOLUTION NO. 919 - ACCEPTING GIFT OF A FENCE AND ELECTRIC GATE FOR THE SALISBURY ZOOLOGICAL PARK
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 919. Resolution No. 919, as presented by Mr. Jim Rapp, accepts the gift of a fence and electric gate for the Salisbury Zoological Park. The Salisbury Zoo Commission provided $11,696 for the construction of a chain link fence and electric gate that was installed along the western perimeter of the Park in November 2001.
Resolution No. 919 passed unanimously.
PUBLIC HEARING - ORDINANCE NO. 1868 - 1ST READING - TEXT AMENDMENT TO AMEND THE DEFINITION OF “FAMILY” AS IT RELATES TO SINGLE-FAMILY DWELLINGS/DISTRICTS
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1868. Mrs. Gloria Smith introduced Ordinance No. 1868 for first reading amending the definition of a “family” as it relates to single-family dwellings/districts in Section 17.04.120 of the Salisbury Municipal Code. Mrs. Smith reported that Mark and Susan Tilghman and the Camden Neighborhood Association submitted a request to amend the definition of a family to reduce the number of unrelated persons that constitute a “family” permitted in a single-family dwelling from four occupants to two occupants. After considering the testimony from the applicants and interested parties, the recommendations from the Housing Process Action Team and the Planning Staff, the Planning Commission forwarded a favorable recommendation to the Mayor and Council to amend Section 17.04.120A3 by changing from four to two and Section 17.04.120B from four to two, applicable in the R-5, R-8, and R-10 Residential Districts, grandfathering all current legal conforming uses. The Commission also recommended that a rental licensing and inspection program be established and that the parking permit program be revised to require annual renewal of permits.
Mr. Webster moved to amend Ordinance No. 1868 by deleting the current definition of a “family” as provided in Section 17.04.120, Definitions, and inserting the following:
“Family” means and includes, subject to the exceptions stated below:
I. A core consisting of one person living alone or one of the following groups living as a single housekeeping unit:
A. Two or more persons who are related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, such as foster children placed by an agency licensed to operate in Maryland;
B. Up to a maximum of four persons who are not so related, hereinafter referred to as “unrelated persons”, provided, however, that
1. In any dwelling or dwelling unit, including an apartment, in an R-5, R-8, or R-10 district or in any detached or duplex single-family dwelling or townhouse in any other district, the maximum shall be two unrelated persons not including the children of either of them.
Any existing, lawful occupancy by more than two unrelated persons that is made nonconforming by this subpart may continue until June 30, 2005, when it shall cease to be permitted. Before that date, if a dwelling or dwelling unit is or shall become unlawfully occupied by unrelated persons, then any and all nonconforming occupancy thereof by unrelated persons will no longer be permitted.
2. In any district other than an R-5, R-8 or R-10 district, in an apartment or any attached dwelling unit, except a townhouse or duplex building, the maximum shall be the following number of unrelated persons not including the children of any of them:
Two - in an efficiency or one bedroom unit;
Three - in a unit having two or more bedrooms; or
Four - in any unit constructed after November 25, 2002 (effective date of
Ordinance No. 1864) having two or more bedrooms, if the entire
parcel or tract of land on which it is located complies with the off-
street parking requirement in effect when it was completed.
C. A group of not more than four persons who are granted a special exception as a “functional family” pursuant to the procedure and general criteria for a special exception and a finding that they each meet the following specific criteria:
1. Share a permanent personal bond and commitment to one another;
2. Not dependent upon or supported by someone who does not maintain legal domicile at the particular dwelling unit and reside therein;
3. Maintain legal domicile at the particular dwelling unit;
4. Share a single household budget;
5. Share in the repair and maintenance of the dwelling unit and its grounds, if any;
6. Prepare and eat meals together on a regular basis;
7. Share in legal ownership or tenancy of the dwelling unit.
II. In addition to its core member(s) a family may include:
A. One or more persons who provide health care or assisted living services to any core member of the family that are essential to the health, safety or general well-being of such core member, by performing such services at least eight hours each day.
B. One or more domestic servants who perform personal or household services at the dwelling or dwelling unit at least eight hours each day.
C. In the case of an owner-occupied dwelling unit in an R-5, R-8 or R-10 district, one person who is not a core member of the family, provided that no more than two unrelated persons, not including any permitted provider of health care or assisted living services, reside in the dwelling.
Exceptions: A “family may not include or consist in whole or in part of:
1. Any society, club, fraternity, sorority, association, lodge, federation, or like organization.
2. Occupants of a rooming house or boarding house.
3. Persons whose association as a group is temporary or seasonal in nature.
4. Persons living in a group arrangement as a result of criminal conduct.
And it is further provided that, as soon as possible after January 1, 2005, the City Council shall, at a public forum to be advertised, review the changes enacted by this ordinance in light of any different circumstances then existing.
Mrs. Polk seconded the motion. All voted in favor with the exception of Mr. Day who voted nay.
Citizens who spoke in opposition were primarily concerned with the negative economic impact the legislation would impose while others questioned being able to enforce the Ordinance. A compromise of an overlay district was suggested rather than imposing city-wide. Individuals speaking in favor of Ordinance No. 1868 believed the legislation would enhance and preserve single-family neighborhoods.
After further discussion, Mr. Day suggested a compromise to start only in the R-10 District and moved to amend Ordinance No. 1868 to read that in the R-10 District not more than two persons in a detached dwelling unit who are not related by blood, marriage or adoption, not including the children of any of them. The motion died for lack of a second.
Ordinance No. 1868, as amended, passed on first reading. All voted in favor with the exception of Mr. Day’s abstention.
MAYOR’S COMMENTS
Mayor Tilghman commented on the following:
• Mayor’s Neighborhood Roundtable meeting next Tuesday at 9:00 a.m. with Executive Officer John Pick making a presentation on annexation; and
• serves as a representative of the State on the Commission on Maryland’s Fiscal Structure (charged with making suggestions to balance the State budget and making recommendations for the long term).
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers, who serves on the Legislative Committee, reported that the Committee did not present new requests this year because of the influx of new legislators. Ms. Siggers reported that she met with businessmen who may bring new business to the former Shawnee Homes facility.
With no further business, the meeting adjourned at 9:35 p.m.
City Clerk
Council President