AS AMENDED ON JULY 8, 2002
CITY OF SALISBURY, MARYLAND
#13 MEETING JUNE 27, 2002
PRESENT
Mayor Barrie P. Tilghman Council President Lavonzella Siggers
Council Vice President Joseph L. Scott Councilwoman Rachel Polk
Councilman C. T. Webster
ABSENT
Councilman Michael Day
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Police Chief Allan Webster, Public Works Director John Jacobs, Assistant Treasurer Shirley Foreman, Human Resources Director Ed Cox, Gloria Smith (Planning and Zoning Department), Erin Kesler (Purchasing Department), 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.
Mrs. Polk moved and Mr. Webster seconded to approve the agenda as presented. Mrs. Polk moved to amend the agenda by adding Resolution No. 863, transferring funds from the City Contingency, and Ordinance No. 1851, imposing a six-month moratorium on the conversion of single-family residences to rental use (Resolution No. 863 to be added after Resolution No. 862 and Ordinance No. 1851 to be added after Ordinance No. 1850). Mr. Scott seconded and the amendment passed unanimously.
Mr. Webster moved to amend the agenda by placing the Award of Bids after the approval of the June 10, 2002 minutes. Mr. Scott seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.
PUBLIC COMMENTS
Highlights of public comments included:
- Public Works Director John Jacobs and his crew were thanked for cleaning up Mitchell Pond;
- in regards to Ordinance No. 1851, current regulations should be enforced and the issue of landlord licensing should be resurrected;
- concern with truck traffic through Newtown;
- concern with Police Department selecting which laws/ordinances will be enforced;
- questioned if the City had subpoena power in enforcing zoning ordinances;
- would like to see a committee formed quickly concerning the rental housing issue and stepped up enforcement;
- opinion that landlord licensing would not stand up in court;
- didn't make sense to spend money for only 5% non-compliance; and
- problems in the neighborhood with rental housing.
APPROVAL OF JUNE 10, 2002 MINUTES
On a motion by Mr. Webster and seconded by Mrs. Polk, the minutes of June 10, 2002 were unanimously approved.
AWARD OF BIDS
Mr. Webster moved and Mrs. Polk seconded to approve the Award of Bids. The following item was presented for approval by Ms. Erin Kesler:
LCD Projector (001-2405-522.70-30; unbudgeted capital)
National Learning Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,675.00
The above item was unanimously approved.
ORDINANCE NO. 1848 - 2ND READING - INCREASING CABLE TELEVISION FEE FROM 4% TO 5%
Mr. Webster moved and Mrs. Polk seconded to approve Ordinance No. 1848 for second reading. Executive Officer John Pick briefed Council on Ordinance No. 1848 increasing from 4% to 5% the fee paid on gross revenues by cable television operators and dedicating one-fifth of the fee to public, educational and governmental channels. The increase would generate approximately $47,000 each year.
Mr. Webster disclosed that he would recuse himself from voting, but would participate in the discussion. Mr. Webster expressed concern with the last sentence in paragraph A of the Ordinance (If more than one such channel is in operation, the revenue from one-fifth of the franchise fee will be divided equally among all such channels.). In his opinion, the intent of the legislation was to ensure that 1% was dedicated directly to Access 26. Mr. Pick explained that the language was added in the event there is more than one public access channel.
After further discussion, Mrs. Polk moved and Mr. Scott seconded to delete the last sentence in paragraph A in its entirety and to amend the introductory paragraph to reflect only one channel. All voted in favor of the amendment with the exception of Mr. Webster's abstention. Mrs. Polk, Ms. Siggers and Mr. Scott voted in favor of Ordinance No. 1848 for second reading, as amended. Mr. Webster abstained.
PUBLIC HEARING - ORDINANCE NO. 1850 - 1ST READING - TEXT AMENDMENT, SECTION 17.72 OF THE SALISBURY MUNICIPAL CODE, TO ADD A CHURCH AS USE PERMITTED BY ORDINANCE PERMIT IN INDUSTRIAL DISTRICT
Mrs. Polk moved and Mr. Webster seconded to approve Ordinance No. 1850 for first reading. Mrs. Gloria Smith, Planner from the Planning and Zoning Department, introduced Ordinance No. 1850 amending §17.72.040 of the Salisbury Municipal Code by adding a church as a use permitted by Ordinance Permit in an Industrial District.
After a brief discussion, Mr. Webster moved to amend Ordinance No. 1850 to also include a training center as a use permitted by Ordinance Permit. Mr. Scott seconded and the amendment passed unanimously. Ordinance No. 1850 for first reading, as amended, passed unanimously.
ORDINANCE NO. 1851 - 1ST READING - IMPOSING A MORATORIUM OF SIX MONTHS ON THE CONVERSION OF SINGLE-FAMILY RESIDENCES TO RENTAL USE
Mr. Scott moved and Mr. Webster seconded to approve Ordinance No. 1851. Mayor Tilghman presented Ordinance No. 1851 imposing a six-month moratorium on the conversion of single-family residences to rental use in order to allow the study of the issue and the possible implementation of new legislation to address the issue. The moratorium will take effect at
12:00 p.m. on July 8, 2002. Mayor Tilghman believed a six-month moratorium was needed in order to look at the situation comprehensively and the impact of legislation on single-family homes and homes being converted into multi-family hones. A task force would be appointed with Executive Officer John Pick serving as Chair, staff support from Deborah Stam, and representatives from the Planning & Zoning Office, a County representative, and the Fruitland Town Manager.
After receiving clarification from Mayor Tilghman that the City Council would not be appointing a task force as stated in the Ordinance, Mrs. Polk moved to delete "and for this reason is appointing a task force to address all aspects of the subject" in the second Whereas paragraph on page two. Mr. Webster seconded the motion and the amendment passed unanimously.
Mr. Webster moved to add "and immediate action" in the second Whereas paragraph, line two (after further study). Mrs. Polk seconded and the amendment passed unanimously.
Highlights of public comments included:
- supported the moratorium;
- use Planning and Zoning instead of setting up a task force;
- enforce the current Code;
- task force should be composed of Salisbury citizens, not Fruitland;
- include personnel department representatives from poultry companies on task force;
- concern with composition of task force - nonresidents should not have a vote on recommendations;
- questioned how Realtors would be informed about the moratorium;
- urged Council to cut back on the time frame for the moratorium;
- questioned what happened to the information compiled by the former Planning and Zoning Director;
- neighborhoods suffer with every day that passes - need to move forward now;
- commented on a problem at 528 W. College Avenue - violating current law;
- should look at the irregular boundaries and demographics of the City - those outside of City limits are impacted as well;
- University should provide student housing;
- favored changing the number of unrelated individuals from four to two; and
- college students living next door with no problems.
Mrs. Polk supported the six-month moratorium which would allow time to fully understand the issues and ramifications. Mr. Scott believed there was a serious problem with lack of enforcement of current laws and, in his opinion, a six-month moratorium was too long (should be three months). Mr. Webster agreed that six months was too long - three months should be adequate. Ms. Siggers thought there was justification for a six-month time period and, in her view, being impetuous would be a mistake for everybody involved.
After further discussion by Council concerning a six-month versus three-month moratorium, Mr. Webster moved to amend Ordinance No. 1851 by changing the time period for the moratorium from six months to three months. Mr. Scott seconded and the amendment passed unanimously. Ordinance No. 1851 for first reading, as amended, passed unanimously.
(The Council took at break at 8:55 p.m. and reconvened at 9:03 p.m.)
PUBLIC HEARING - RESOLUTION NO. 853 - CHARTER AMENDMENT REPEALING CHARTER AMENDMENT RESOLUTION NO. 823 (PREVENTING MAYORAL BUDGET ORDINANCE VETO)
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 853. City Solicitor Paul Wilber explained that this Resolution repeals Charter amendment Resolution No. 823, preventing a mayoral veto of the budget ordinance.
Favorable comments were received from the public for Council to approve repealing the previous Charter amendment.
Resolution No. 853 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 854 - CHARTER AMENDMENT REPEALING CHARTER AMENDMENT RESOLUTION NO. 824 (HIRING CONSULTANTS)
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 854. Resolution No. 854, as addressed by City Solicitor Paul Wilber, repeals the previous Charter amendment Resolution No. 824, hiring of special consultants.
Having received no public comments, Resolution No. 854 passed unanimously.
PUBLIC HEARING - RESOLUTION NO. 855 - APPROVING NOT TO PROCEED WITH A REFERENDUM ELECTION ON CHARTER AMENDMENT RESOLUTION NOS. 823 AND 824
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 855. City Solicitor Paul Wilber presented Resolution No. 855, approving not to hold a referendum election on Charter amendment Resolution Nos. 823 and 824. With Council repealing the wording through Charter amendment Resolution Nos. 853 and 854, the need for a referendum election was moot.
With no further discussion, Resolution No. 855 passed unanimously.
RESOLUTION NO. 856 - ADOPTING AMENDMENTS TO THE EMPLOYEE HANDBOOK (INCENTIVE AWARD PROGRAM AND PERFORMANCE APPRAISAL SYSTEM)
Mr. Webster moved and Mr. Scott seconded to approve Resolution No. 856. Human Resources Director Ed Cox presented Resolution No. 856 revising the Employee Handbook to provide for the addition of Chapter 11, Performance Appraisals, and Chapter 12, Incentive Awards Program.
Resolution No. 856 was unanimously approved.
RESOLUTION NO. 857 - ENDORSING REQUESTS FOR LEGISLATIVE ACTION BY THE MARYLAND MUNICIPAL LEAGUE
Mr. Webster moved and Mrs. Polk seconded to approve Resolution No. 857. Executive Officer John Pick introduced Resolution No. 857 endorsing the following requests for legislative action by the Maryland Municipal League:
- reducing from four to two the number of advertisements that are required during the annexation process;
- increasing the funds made available by the State for wastewater collection and treatment projects; and
- strengthening the requirements for adoption of changes to municipal charters (requiring super majority vote).
A discussion ensued on the request to strengthen the requirement for adoption of changes to municipal charters. Mr. Webster moved to delete item #2 dealing with the Charter from the Resolution. Mr. Scott seconded. Messrs. Scott and Webster voted aye. Mrs. Polk and Ms. Siggers voted nay. The motion died.
Mr. Pick noted that the change to municipal charters was actually item c in the Resolution. Ms. Siggers related that she would be willing to support removing that item in order to move forward with the other two legislative requests. Since there appeared to be confusion in stating the actual item Mr. Webster wanted to be removed from the Resolution, City Solicitor Paul Wilber recommended that Mr. Webster restate his motion.
Mr. Webster moved to delete item c, strengthening the requirements for adoption of changes to municipal charters, from Resolution No. 857. Mr. Scott seconded. The amendment passed on a 3-1 vote (Mrs. Polk voting nay). Resolution No. 857, as amended, passed on a 3-1 vote with Mrs. Polk casting the nay vote.
RESOLUTION NO. 858 - ACCEPTING $1,300 IN STATE GRANT FUNDS AWARDED THROUGH THE GOVERNOR’S OFFICE OF CRIME CONTROL AND PREVENTION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 858. Police Chief Allan Webster introduced Resolution No. 858 accepting $1,300 in State grant funds awarded through the Governor's Office of Crime Control and Prevention. The funds will be used for expenses related to the Summer Youth Program.
Resolution No. 858 passed unanimously.
RESOLUTION NO. 859 - PROVIDING FOR THE DEPOSIT OF $7,500 IN STATE GRANT FUNDS AWARDED THROUGH THE GOVERNOR'S OFFICE OF CRIME CONTROL AND PREVENTION
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 859. Resolution No. 859, as addressed by Police Chief Allan Webster, provides for the deposit of $7,500 in State grant funds awarded through the Governor's Office of Crime Control and Prevention to enhance community policing efforts and quality of life issues in the designated HotSpot II area.
Resolution No. 859 passed unanimously.
RESOLUTION NO. 860 - ACCEPTING $11,812 IN FEDERAL GRANT FUNDS AWARDED THROUGH THE DEPARTMENT OF JUSTICE'S BULLETPROOF VEST PARTNERSHIP PROGRAM
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 860. Police Chief Allan Webster explained that Resolution No. 860 accepts $11,812 in federal grant funds, awarded through the Department of Justice's Bulletproof Vest Partnership Program, for the purchase of protective vests for each police officer.
Resolution No. 860 passed unanimously.
RESOLUTION NO. 861 - PEMBERTON DRIVE-RAYNER DEVELOPMENT ANNEXATION
Mr. Scott moved and Mr. Webster seconded to approve Resolution No. 861. Public Works Director John Jacobs provided an overview of the Pemberton Drive-Rayner Development Annexation request to annex 73.7 acres of land bounded on the south by Pemberton Drive. Upon annexation, the property would be zoned R-8A Residential. Development plans include the construction of 260 units (single-family - 83 units; semi-detached - 58 units; and townhouses - 119 units). A public hearing on the annexation will be held on August 12, 2002.
Resolution No. 861 passed unanimously.
RESOLUTION NO. 862 - APPROVING LEASE AGREEMENT WITH URBAN SALISBURY TO USE A PORTION OF THE PARKING GARAGE FOR A FLEA MARKET
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 862. Executive Officer John Pick presented Resolution No. 862 and provided an overview of the major items included in the lease agreement with Urban Salisbury for the use of a part of the City's parking garage. Urban Salisbury intends to use the parking garage every Saturday and Sunday from July 27, 2002 through October 27, 2002 for a flea market.
Resolution No. 862 was unanimously approved.
RESOLUTION NO. 863 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR A PORTION OF THE CITY'S SHARE OF THE GIS NEEDS ASSESSMENT COST
Mrs. Polk moved and Mr. Webster seconded to approve Resolution No. 863. Executive Officer John Pick requested approval of Resolution No. 863 transferring $4,942 from the City's Contingency to the Information Technology budget to cover the shortfall of funds needed for the City's share of the GIS Needs Assessment cost.
Resolution No. 863 passed unanimously.
MANUFACTURING EXEMPTION REQUEST - CLEAR COMM TECHNOLOGIES
Mr. Webster moved and Mrs. Polk seconded to approve a manufacturing exemption request for Clear Comm Technologies. Assistant Treasurer Shirley Foreman recommended that Clear Comm Technologies be granted exemptions from personal property tax for equipment purchased in 1997, 1998, 1999 and 2000. The company would save $18,165 in personal property tax over the next five years.
The manufacturing exemption request for Clear Comm Technologies was unanimously approved.
MAYOR'S COMMENTS
Mayor Tilghman thanked the Council for instituting the moratorium on converting single-family residences to rental use.
COUNCIL COMMENTS
Mrs. Polk clarified that the Planning and Zoning Department is not just a County department (joint City and County) and commented on the department's role in the rental housing moratorium issue.
Mr. Scott believed the rental housing situation had been in existence for a long time in the City and it would take everyone's involvement as a group to solve the problem. He perceived the lack of enforcement as the biggest problem.
Mr. Webster did not believe the Planning and Zoning Department was familiar with the City as they were with the County. Mr. Webster opined that the task force should represent a cross section of City residents.
COUNCIL PRESIDENT WRAP-UP
Ms. Siggers was pleased with the audience participation and collaboration of the Council. Although she was concerned with the three-month moratorium versus six months, she believed it was a start in moving forward to address the situation.
At 10:30 p.m., the regular session was adjourned and Council convened in Closed Executive Session upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, to discuss a personnel issue.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
JUNE 27, 2002
TIME & PLACE: 10:30 p.m., Room 301 - City/County Government Building
PURPOSE: Personnel issue
VOTE TO CLOSE: 4-0
CITATION: Annotated Code of Maryland Section 10-508(a)(1)
PRESENT: Mayor Barrie P. Tilghman, Council President Lavonzella Siggers,
Council Vice President Joseph Scott, Councilwoman Rachel Polk,
City Clerk Brenda Colegrove, Executive Officer John Pick,
City Solicitor Paul Wilber, Human Resources Director Ed Cox
ABSENT: Councilman Michael Day
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At 10:30 p.m., in Room 301 of the City/County Government Building, Mr. Scott moved to convene in a Closed Executive Session for the purpose of discussing a personnel issue as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mrs. Polk seconded and the vote was unanimous.
City Solicitor Paul Wilber attempted to advise Council of the complaint(s) charged. After a brief discussion, upon a motion and a second by Mrs. Polk and Mr. Scott, respectively, the closed session was adjourned at 10:50 p.m.
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City Clerk
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Council President