CITY OF SALISBURY, MARYLAND
#18 MEETING SEPTEMBER 22, 2003
PRESENT
Council President Lavonzella Siggers Council Vice President Joseph L. Scott
Councilman Michael Day Councilwoman Rachel Polk
Mayor Barrie P. Tilghman
ABSENT
Councilman C. T. Webster
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, City Solicitor Paul Wilber, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Public Works Director John Jacobs, Building, Housing & Zoning Director William Holland, Planning & Zoning Director Jack Lenox, and interested Citizens and Members of the Press.
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CONVENING - ADOPTION OF AGENDA
The City Council and Mayor 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. Day moved and Mr. Scott seconded to remove Ordinance No. 1885 (Landlord Licensing and Inspection of Rental Dwellings) from the agenda. The motion failed due to a 2-2 vote. Mrs. Polk moved and Mr. Scott seconded to approve the agenda as presented. All voted in favor with the exception of Mr. Day who voted nay.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to the Salisbury University Lacrosse Team, Division III 2003 National Champions.
APPROVAL OF SEPTEMBER 8, 2003 MINUTES
The minutes of September 8, 2003 were unanimously approved upon a motion and a second by Mrs. Polk and Mr. Scott, respectively.
AWARD OF BIDS
The following items were presented for approval by Director of Procurement & Parking Carol Turner:
1. Dry Suit (001-2405-522.70-30; over budget) . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,230.00
Tidewater Aquatics
2. Commercial Treadmill (102-2105-521.60-06; unbudgeted capital) . . . . . . . . . . . $2,099.00
Leisure Fitness
3. Remove, disassemble & inspect submersible pump at #14 well. . . . . . . . . . . . . . .$8,487.00
(601-3701-532.70-30; unbudgeted capital
A. C. Shultes of Delaware, Inc.
4. Architectural and Engineering Services for design and construction of. . . . . . .$157,645.00
City Service Center Garage Building (301-3220-539.30-20; bond)
George Miles & Buhr
5. Contract with Verizon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Items 1, 3, 4 and 5 were unanimously approved upon a motion and a second by Mrs. Polk and Mr. Scott, respectively.
On a motion by Mrs. Polk and seconded by Mr. Scott, item #2 was unanimously remanded back to the Police Chief for reconsideration of other items that had been cut from the budget which would have better usage than a commercial treadmill.
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 presented Ordinance No. 1885 to regulate the rental of residential premises by licensing and periodic inspections of leased premises, to establish certain exceptions to such regulations, to authorize enforcement by a specific official, and to provide for certain fines, penalties and late fees for noncompliance with the regulations.
Highlights of public comments:
• license should be for the business with a fee based on a scale of how many units are owned;
• asked Council to consider all the people in the community, particularly the lower income;
• requested that PRD#1 Spring Chase be included in the legislation (Periodic Inspection of Premises section);
• pleased that Council recognizes the Ordinance needs more work;
• questioned why the landlords shouldn’t have to answer to anyone and if they really believed their properties had improved the appearance in the neighborhoods of Salisbury;
• questioned what the inspections would involve (i.e., thorough enough to prevent house fires or flooding problems, plumbing inspections, electrical inspections)
• landlord did not believe his properties were run down;
• terrible to put a sticker on the outside of the premises to depict renters;
• opposed to the Ordinance;
• believed Ordinance was a way to generate revenue through landlords;
• City should deal with the problem areas with the laws that are currently on the books rather than penalizing everyone;
• most of the problems are people problems rather than landlord problems;
• license the business, not each unit;
• condition of housing stock in Salisbury much better than 20 years ago;
• unreasonable for landlord to pay for tenant to move;
• innocent will suffer for the guilty;
• asked Council to vote for the legislation to give single-family neighborhoods hope;
• supported inspection of rentals;
• still hearing same story from SAPOA that there are no problems;
• Ordinance represents a compromise;
• urged Council to move forward and tweak as needed;
• supported Ordinance to ensure rental housing for the lower income was maintained;
• tenants afraid to complain because of fear of being evicted;
• believed this was to be discussed in another work session before coming on regular Council agenda;
• landlords responding to the market for rental housing; and
• fees will ultimately be paid by the tenant.
Mr. Scott believed the Council needed to take another look at the Ordinance so he was not prepared to vote tonight. Mr. Day supported landlord registration, but he could not support the Ordinance as written. Mrs. Polk supported the legislation and believed it was needed in the City. In her view, we did not know the percentage of problem rentals because of not having a licensing or inspection program in place. Ms. Siggers also thought it was much needed legislation and, therefore, supported the Ordinance. Even though it needed some tweaking, it could pass on first reading.
Ordinance No. 1885 for first reading failed to pass on a 2-2 vote. Mrs. Polk and Ms. Siggers voted aye and Messrs Day and Scott voted nay.
(The Council took a break at 8:50 p.m. and reconvened at 8:59 p.m.)
RESOLUTION NO. 1011 - ESTABLISHING DATE FOR A PUBLIC HEARING - U.S. ROUTE 13 NORTH - ADVANCE AUTO ANNEXATION
Mrs. Polk moved and Mr. Scott seconded to approve Resolution No. 1011. Public Works Director John Jacobs addressed Resolution No. 1011 annexing .8 acres located on the westerly side of U.S. Route 13 North. Upon annexation into the City, the property will be zoned General Commercial. Development plans include an auto parts store containing approximately 6,890 square feet. No annexation incentives were offered or tax considerations requested. No significant traffic increases were anticipated. A public hearing on the annexation would be scheduled for November 10, 2003.
Mrs. Polk noted she was in favor of this annexation because of almost no impact on City services. However, she was still waiting on a presentation to the Council on impact fees for future annexations. Ms. Siggers commented that, generally speaking, she was for annexation, but preferred having a uniform policy in place. Therefore, she would abstain from voting on this Resolution.
All voted in favor of Resolution No. 1011 with the exception of Ms. Siggers’ abstention.
RESOLUTION NO. 1012 - APPROVING HOMES FOR AMERICA’S REQUEST FOR A TAX DEFERRAL ON WATERSIDE APARTMENTS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1012. Mayor Tilghman presented Resolution No. 1012 granting a tax deferral to Homes for America as a local contribution to support their plan to purchase, rehab and operate Waterside Apartments located at 1117 Parsons Road, and supporting the project financing in the form of a loan not to exceed $1,500,000.
Resolution No. 1012 passed unanimously.
RESOLUTION NO. 1013 - APPOINTMENT TO HISTORIC DISTRICT COMMISSION
Mr. Scott moved and Mrs. Polk seconded to approve Resolution No 1013. Mayor Tilghman recommended the appointment of Marion Phillips to the Historic District Commission for a term ending October 2005.
Resolution No. 1013 was unanimously approved.
RESOLUTION NO. 1014 - APPOINTMENT TO BOARD OF ZONING APPEALS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1014. Mayor Tilghman recommended the appointment of Edgar Williams to the Board of Zoning Appeals for a term ending October 2006.
Resolution No. 1014 passed unanimously.
RESOLUTION NO. 1015 - REAPPOINTMENTS TO CENTRAL CITY DISTRICT COMMISSION
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1015. Mayor Tilghman recommended the reappointments of William Ahtes, Carol Wright and Tom Johnson to the Central City District Commission for terms ending September 2005.
Resolution No. 1015 was unanimously approved.
RESOLUTION NO. 1016 - EXTENDING ACTING STATUS FOR FIRE OFFICERS SERVING IN AN ACTING CAPACITY
Mr. Scott moved and Mrs. Polk seconded to approve Resolution No. 1016. Mayor Tilghman presented Resolution No. 1016 extending the acting status of the Acting Fire Chief, the Acting Deputy Fire Chief and the Acting Assistant Fire Chief to October 31, 2003.
Resolution No. 1016 passed unanimously.
RESOLUTION NO. 1017 - ACCEPTING DESIGNATION AS AN ENTITLEMENT CITY FOR COMMUNITY DEVELOPMENT BLOCK GRANTS
Mrs. Polk moved and Mr. Day seconded to approve Resolution No. 1017. Resolution No. 1017, as addressed by Mayor Tilghman, approves the City’s acceptance of its status as an entitlement community, thereby making the City eligible to receive an annual allotment of Community Development Block Grant funds directly from the United States Department of Housing and Urban Development.
Resolution No. 1017 passed unanimously.
PUBLIC COMMENTS
Highlights of public comments:
• referenced article in The Washington Post indicating ten recycling trucks for sale;
• inquired about policy on trees overhanging streets and sidewalks;
• inquired on status of Bandstand renovations;
• repairs needed in parking garage for leaking roof; and
• traffic problems in City (i.e., need longer left turn signal on Bateman Street, Riverside Drive signal doesn’t correspond with Mill Street, W. Main Street or Rt. 50).
MAYOR’S COMMENTS
Mayor Tilghman gave a report on the preparations made in anticipation of Hurricane Isabel and a status report on the calls for service following the storm.
COUNCIL COMMENTS
Mr. Scott
• thanked Mayor and her staff for their assistance during the hurricane.
Mr. Day
• appreciated the teamwork during the storm;
• ten spaces reserved at the Park & Flea this Saturday for a fundraiser by a community group for the playground at the west entrance of the Salisbury Zoo;
• Excel Science Museum also having a yard sale this weekend; and
• construction started at the Jeanette P. Chipman Boundless Playground.
Mrs. Polk
• wished speedy recovery to Councilman Webster;
• thanked City employees for outstanding job during Hurricane Isabel;
• red light camera at Rt. 13 and Carroll Street no longer there (Mayor noted that it was not generating enough income to pay monthly expense – hoping to relocate it to Naylor Mill and Rt. 13); and
• discussion of landlord licensing/inspections was an important one – wanted to hear concerns from the public.
COUNCIL PRESIDENT WRAP-UP
• sent Councilman Webster’s regrets for his absence;
• appointment with management of Pemberton Manor Apartments was canceled by them – awaiting a rescheduling of the appointment to address concerns brought to her attention;
• planned to hold a meeting with the residents of Pemberton Manor Apartments along with the management; and
• thanked employees for the manner in which they responded to Hurricane Isabel and hoped that in future emergencies the City would respond in every aspect that the Charter references to ensure that we are operating to our maximum.
With no further business, the meeting adjourned at 9:50 p.m.
CITY OF SALISBURY, MARYLAND
CLOSED EXECUTIVE SESSION
OCTOBER 8, 2003
TIME & PLACE: 8:15 p.m., Room 305 - City/County Government Building
PURPOSE: Consult with legal counsel on acquisition of property
VOTE TO CLOSE: Unanimous
CITATION: Annotated Code of Maryland Sections 10-508(a)(3)(7)
PRESENT: Council President Lavonzella Siggers, Council Vice President Joseph Scott, Councilman Michael Day, Councilwoman Rachel Polk, Councilman Richard Webster, City Clerk Brenda Colegrove, Executive Officer John Pick, City Solicitor Paul Wilber, Acting Fire Chief David See
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At 8:15 p.m. in Conference Room 305 of the City/County Government Building, Mrs. Polk moved to convene in Closed Executive Session to consult with legal counsel on the acquisition of property for a new fire station. Mr. Day seconded and the vote was unanimous.
Acting Fire Chief David See gave a brief overview of the status on acquiring a parcel for a new fire station on the west side including the group’s recommendation. After discussion, the Council provided guidance to the City Solicitor on proceeding with the negotiations.
At 8:48 p.m., upon a motion and a second by Mr. Scott and Mrs. Polk, respectively, the closed session adjourned and Council reconvened in open session.
City Clerk
Council President