CITY OF SALISBURY, MARYLAND
#19 MEETING OCTOBER 13, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Councilman Richard C. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Public Works Director John Jacobs, Police Chief Allan Webster, Planning & Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
ABSENT
Mayor Barrie P. Tilghman
******************************************************************************
CONVENING
The City 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.
RESOLUTION OF RESPECT
Council President Siggers presented a Resolution of Respect and a plaque to Councilman Richard Webster in memory of his father, Councilman C. T. Webster, who passed away on September 24, 2003.
ADOPTION OF AGENDA
Mr. Day moved to add Resolution No. 1021, Merritt Mill Road-Moore Property Annexation, to the agenda as an emergency item. Mr. Scott seconded and the vote was unanimous. On a motion by Mr. Day and seconded by Mr. Scott, the agenda as amended was unanimously approved.
APPROVAL OF SEPTEMBER 22, 2003 MINUTES
On a motion by Mrs. Polk and seconded by Mr. Day, the September 22, 2003 minutes were unanimously approved.
APPROVAL OF OCTOBER 1, 2003 SPECIAL MEETING MINUTES
On a motion and a second by Mrs. Polk and Mr. Webster, respectively, the Special Meeting minutes of October 1, 2003 were unanimously approved.
AWARD OF BIDS
Mrs. Polk moved and Mr. Webster seconded to approve the Award of Bids. Director of Procurement & Parking Carol Turner presented the following items for approval:
1. Enclosed Trailer (001-3205-525.70-30; overbudget)
Top City . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,150.00
2. Contract No. 106-04 Surplus Fire Engine
Stephen Cropper & Sons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $7,210.00
3. Contract No. 19-03-BR; Change Order No. 1 (001-3205-532.-43-05)
B & H Coatings, Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $9,800.00
The above items were unanimously approved.
ORDINANCE NO. 1885 - 1ST READING - LANDLORD LICENSING AND INSPECTION OF RENTAL DWELLINGS
Mrs. Polk moved and Mr. Scott seconded to approve Ordinance No. 1885 for first reading. Council President Siggers highlighted the following changes made to the Ordinance since the
September 22, 2003 meeting:
• 15.26.080 Display of License - license to be displayed within the dwelling instead of conspicuously on the premise as can be seen from a public right-of-way;
• 15.26.090 Periodic Inspection of Premises (item A) - included language that a scheduled inspection may be postponed for an additional period of up to six months, if requested by the owner, to allow for inspection when vacant;
• 15.26.100 Property Owner Tenant Relation Commission - changed language to read that the City Council may create a Landlord Tenant Commission or assign responsibilities to the Housing Board of Adjustments and Appeals, and if a Commission was created, the Council would set forth the authority, rules of procedures, number of members and term of office by a separate Resolution.
Ordinance No. 1885 for first reading passed unanimously.
RESOLUTION NO. 1018 - ACCEPTING $39,122 IN FEDERAL FUNDS AWARDED THROUGH THE LOCAL LAW ENFORCEMENT BLOCK GRANT
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1018. Police Chief Allan Webster presented Resolution No. 1018 accepting $39,122 in federal funds awarded through the Local Law Enforcement Block Grant to enhance the communications network of the Police Department.
Resolution No. 1018 passed unanimously.
RESOLUTION NO. 1019 - CREATION OF A CITY PARK COMMITTEE
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1019. Resolution No. 1019, as introduced by Executive Officer John Pick, establishes the creation of a City Park Committee. The Committee would provide the City with advice on the current needs and future vision for the City Park and to raise funds for future projects to improve the Park.
At the request of Mr. Pick, Mrs. Polk moved to amend Resolution No. 1019, item 4, Membership (second sentence), to reflect that three of the initial members shall serve two years and three other initial members shall serve one year to create a staggered term system (changed from two members). Mr. Scott seconded and the amendment passed unanimously. Resolution No. 1019, as amended, passed unanimously.
RESOLUTION NO. 1020 - REAPPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1020. On behalf of Mayor Tilghman, Executive Officer John Pick recommended the reappointment of Robert Withey to the Historic District Commission for a term ending September 2006.
Resolution No. 1020 was unanimously approved.
MANUFACTURING EXEMPTION REQUESTS
Finance Director John Cawley presented the following manufacturing exemption requests:
• VPI Mirrex LLC, 601 Marvel Road
Total value of exemption - $753,554 over five years
Unanimously approved.
• Advantage Color Labs, Inc., 1002 Eastern Shore Drive
Total value of exemption - $336 over five years
Approved on a 4-1 vote (Mrs. Polk voted nay).
• Harvard Custom Manufacturing, Inc., 600 Glen Avenue
Total value of exemption - $11,591 over five years
Unanimously approved.
• RelComm Technologies, Inc., 610 Beam Street
Total value of exemption - $95 over five years
Approved on a 4-1 vote (Mrs. Polk voted nay).
RESOLUTION NO. 1021 - MERRITT MILL ROAD-MOORE PROPERTY ANNEXATION - ESTABLISHING DATE OF PUBLIC HEARING
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1021. Executive Officer John Pick and Public Works Director John Jacobs reviewed the proposed Merritt Mill Road-Moore Property Annexation of 11.3 acres located on the southerly side of Merritt Mill Road (9.6 acres - Moore property; 1.7 acres - Shoppes at Salisbury). Development for the site includes 48 apartment units for the southern portion with 41 townhouse units proposed for the northern portion. Proposed zoning for the southern portion is Light Business and Institutional and the northern portion R-5A Residential. A public hearing will be scheduled for November 10, 2003.
Following a discussion on oversizing the lines to 12", Resolution No. 1021 was unanimously approved.
PUBLIC COMMENTS
Highlights of public comments:
• housing stock in Salisbury has improved;
• questioned the social conscientiousness of our community;
• enforce current rules before enacting additional procedures;
• license should only be pulled if certain percentage of any landlord’s properties have problems;
• concern with passing Ordinance on first reading without any public comment prior to voting;
• concern that special interest groups and individuals provided Council with a pre-written Ordinance and then given to city attorney for review;
• did not believe 100% of the rentals should be inspected;
• would not allow inspection of a rental without search warrant and probable cause – against constitutional right;
• Ordinance may need some word-smithing;
• Council needs to implement reasonable regulations regarding some form of landlord licensing, some form of rental property registration and rental property inspection;
• need to have well-formed objectives and plans for increasing owner-occupied housing in the neighborhoods;
• January 2004 effective date for landlord licensing/inspections may not work;
• investing $200,000 a year in a very complicated Ordinance that will create a new bureaucracy seems like overkill;
• no one came to Salisbury Area Property Owners Association (SAPOA) or the other interested parties to suggest some type of compromise;
• agreed that a tool was needed to help Building, Housing & Zoning do their job, but did not believe the Council wanted to totally polarize and alienate the people who have interest and resources to improve the City’s housing stock;
• suggesting passing habitual offender law to address repeat offenders and write ordinance for enhanced right-of-entry to get into the problem properties;
• target resources to the problem areas;
• thanked Council for passing the landlord licensing legislation;
• have serious problem in City with Code compliance;
• compared housing conditions on Hazel Avenue to Somerset Avenue;
• did not feel the Council wanted to take advantage of the expertise/experience of property owners;
• believed legislation was highly suspect, including voting without public comment;
• did not believe Council had taken the time to determine the legal ramifications;
• should generate an Ordinance that could be enforceable and reasonably operable for landlords;
• current system is complaint driven – if tenant doesn’t complain, City will not know if there are any Code violations;
• thought SAPOA was against any type of landlord licensing;
• did not think Council was rushing through the landlord licensing legislation – been meeting on this issue for months; and
• referenced an old report in which secondary federal aid was given to the City and to the State for Mill Street and Isabella Street – wasn’t considered a collector road;
MAYOR’S COMMENTS
Executive Officer John Pick reported that Mayor Tilghman was absent due to her son coming into town this evening.
COUNCIL COMMENTS
Mr. Webster
• extended his appreciation to all the well-wishers who expressed their condolences for the passing of his father.
Mr. Scott
• thanked Richard Webster for filling in for the remainder of his father’s term; and
• acknowledged that the Landlord Licensing legislation was not carved in granite and could be amended.
Mr. Day
• still advocated landlord licensing, but not happy with the Ordinance even though he voted in favor; and
• agreed that Ordinance could be amended.
Mrs. Polk
• concerned with the ratio of rentals vs. home-ownership;
• believed rentals should be licensed and regulated;
• in full support of landlord licensing and inspections; and
• thanked Richard Webster for serving on the Council.
COUNCIL PRESIDENT WRAP-UP
• Council worked on Landlord Licensing legislation for several months;
• landlords and citizens had every opportunity to participate, including SAPOA representative on the committee – concerns can still be forwarded to Council;
• Ordinance was reviewed by the City Solicitor who relayed his concerns; and
• fee equals about 50¢ a week.
With no further discussion, the meeting adjourned at 8:35 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 22, 2003
TIME & PLACE: 6:15 p.m., Room 305 - City/County Government Building
PURPOSE: Proposal for Downtown Development (negotiations)
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Section 10-508(a)(14)
PRESENT: Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman Richard Webster, City Clerk Brenda Colegrove, Executive Officer John Pick, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, Palmer Gillis
ABSENT: Council President Lavonzella Siggers
******************************************************************************
At 6:15 p.m., Mrs. Polk moved to convene in Closed Executive Session to discuss negotiations for a downtown development proposal as permitted under the Annotated Code of Maryland Section 10-508(a)(14). Mr. Day seconded and the vote was unanimous.
After discussion and giving a consensus on amended language for the Resolution, Mr. Webster moved to adjourn the closed session at 6:30 p.m. Mrs. Polk seconded and the vote was unanimous.
_______________________ __________________________
City Clerk Council President