CITY OF SALISBURY, MARYLAND
#10 MEETING MAY 24, 2004
PRESENT
Council President Michael P. Dunn Council Vice President Michael H. Day
Councilwoman Lynn B. Cathcart Councilman Gary A. Comegys
Councilwoman Lavonzella Siggers Mayor Barrie P. Tilghman
IN ATTENDANCE
City Clerk Brenda Colegrove, CMC, Executive Officer John Pick, ICMA-CM, City Solicitor Paul Wilber, Finance Director John Cawley, Director of Procurement & Parking Carol Turner, CPPB, C.P.M., Fire Chief David See, Police Chief Allan Webster, Building, Housing & Zoning Director William Holland, Planning & Zoning Director Jack Lenox, Clay Hall, 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 6:00 p.m. in Council Chambers. Council President Dunn called the meeting to order and recognized Scout Troop 817 and merit badge counselor John McLellan. The Lord's Prayer and the Pledge of Allegiance, led by Scout Troop 817, were recited. The agenda as presented was unanimously adopted.
APPROVAL OF MAY 10, 2004 MINUTES
On a motion by Mrs. Cathcart and seconded by Mr. Day, the May 10, 2004 minutes were unanimously approved.
CERTIFICATES OF APPRECIATION
Mayor Tilghman presented Certificates of Appreciation to Cathy J. Townsend, 2004 Maryland Principal of the Year, and Ron Linkswiler, Outstanding Music Teacher Award recipient from the Maryland Music Educators Association.
STATUS REPORT ON RENTAL UNIT LICENSING/REGISTRATION
Building, Housing & Zoning Director William Holland provided a status report on the progress of the rental unit registration, landlord licensing and random inspection program which went into effect March 1, 2004. Thus far, the program has been very successful with applications being received not only from within the United States, but from as far away as the Republic of Panama, Mexico, Canada and Hawaii.
AWARD OF BIDS
Mr. Comegys moved and Mr. Day seconded to approve the Award of Bids. The following items were presented by Director of Procurement & Parking Carol Turner along with Fire Chief David See:
1. Declaration of Surplus. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-0-
EMS Ambulances - Salisbury Fire Department
2. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
Rescue Tools - Salisbury Fire Department
3. Declaration of Surplus . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0-
1985 Printer - City Finance Department
The above items were unanimously approved.
PUBLIC HEARING - CONSTANT YIELD TAX RATE
Finance Director John Cawley explained that the constant yield tax rate procedure was developed by the State to notify taxpayers of the additional municipal revenue that would be generated by increased assessments of property in their municipality. The State prepares estimates of the assessed valuation of all property in the municipality for the next tax year. If, using the municipality’s current tax rate, the estimated future year tax revenue exceeds the estimated current year revenue, then the State requires the municipality to advertise this as a tax increase, if the municipality is not going to reduce the tax rate to a level to eliminate any additional revenue in the coming year.
The City of Salisbury advertised the tax increase in The Daily Times on May 13, 2004 indicating that the City is considering not reducing its real property tax rate enough to fully offset increasing assessments. The City proposes to adopt a real property tax rate of $0.729 per $100 of assessment which is 4.7% higher than the constant yield tax rate and will generate $405,122 in additional property tax revenues.
No public comments were received.
ORDINANCE NO. 1905 - 1ST READING - APPROVING SERVICE AND EQUIPMENT LEASE AGREEMENT BETWEEN THE CITY OF SALISBURY AND THE WICOMICO COUNTY BOARD OF ELECTIONS
Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1905. City Clerk Brenda Colegrove and Wicomico County Elections Director Judy Ritter presented Ordinance No. 1905 approving a two-year Service and Equipment Lease Agreement between the City and the Wicomico County Board of Elections for conducting City elections.
Ordinance No. 1905 for first reading passed unanimously.
ORDINANCE NO. 1906 - 1ST READING - CLOSING A PORTION OF PRESTON STREET
Mrs. Cathcart moved to approve Ordinance No. 1906 closing a portion of Preston Street. The motion died for lack of a second.
PUBLIC HEARING - RESOLUTION NO. 1101 - GLEN AVENUE/EAST FIELDS DEVELOPMENT ANNEXATION
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1101. Mr. Clay Hall presented Resolution No. 1101 annexing 16.2 acres located on the southerly side of Glen Avenue to be known as the Glen Avenue-East Fields Development Annexation. A zoning classification of R-10A Residential was recommended upon annexation into the City. Development plans include 91 duplex and townhouse units. A traffic analysis would be required by the developer.
Neighbors in the surrounding area and other individuals expressed the following concerns:
• increased traffic – elementary school across from proposed development;
• access to the new development, on the “s” curve on Glen Avenue, would cause problems with increase in traffic;
• traffic analysis should be done first in order to determine the impact of the annexation so conditions could be inserted in the annexation resolution;
• high density will impact Chesapeake Bay because of storm water runoff;
• suggested R-10 zoning instead;
• destroying environment (i.e., trees, wildlife);
• City continues to annex properties absent public facility fees or annexation fees which puts the associated annexation expenses on the existing taxpayers; and
• questioned the cost shown for police and fire protection.
The attorney representing East Fields, Robin Cockey, reported that a traffic analysis does have to be performed at their cost. In addition, no development can be done until a site plan analysis is approved by Planning and Zoning which will incorporate the traffic analysis. In regards to the density, Mr. Cockey acknowledged that they had asked for a higher density zoning, but instead were given a moderate density of R-10A. Mr. Cockey noted that the issue before the Council was strictly the annexation, but the development concerns raised would come before the Planning and Zoning Commission.
Mr. Bryan Lloyd, developer for the project, indicated that this would be a duplex/townhouse development with homes selling for $200,000 and above. It would be a gated, carefree living community with lots of landscaping.
After further discussion, including Mr. Wilber’s clarification that a Public Works Agreement had to be signed, which could include the traffic/road concerns, and an approved Comprehensive Development Plan, Resolution No. 1101 passed on a 3-2 vote with Mrs. Cathcart and Ms. Siggers voting nay.
RESOLUTION NO. 1119 - CREATING A TAX INCREMENT FINANCING DISTRICT AND SPECIAL TAX DISTRICT FOR THE SALISBURY MALL PROPERTY
Mr. Day moved and Mr. Comegys seconded to approve Resolution No. 1119. Finance Director John Cawley and Mr. Jon Natelson, developer for the project, introduced Resolution No. 1119 creating a Tax Increment Financing District and a Special Tax District for the development of the Salisbury Mall property. The legislation would 1) create a special fund to deposit tax increments generated by the development district; 2) set up the structure of the Tax Increment Financing program for the Village at Salisbury Lake to provide public infrastructure with bonds estimated at $13,800,000; and 3) create a Special Taxing District, to be known as The Village at Salisbury Lake Development District, contiguous with the development district, for the purpose of levying additional property taxes in the event that the tax increment fund is insufficient to cover the bond payments.
Mr. Cawley reported that this was the first of three hearings on this issue. A public hearing on Resolution No. 1119 will be scheduled for the June 14, 2004 Council meeting with Council voting on the Resolution at the June 21, 2004 meeting.
RESOLUTION NO. 1120 - AMENDING FY04 GENERAL FUND BUDGET BY TRANSFERRING FUNDS FOR PAYMENT OF SALARY, FICA, HEALTH INSURANCE AND OVERTIME FOR ANIMAL CONTROL OFFICERS
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1120. Police Chief Allan Webster presented Resolution No. 1120 amending the FY04 General Fund budget by transferring $7,930 from the Police Salary Account for payment of salary, FICA, health insurance and overtime for Animal Control Officers.
Resolution No. 1120 passed unanimously.
RESOLUTION NO. 1121 - ACCEPTING GRANT FUNDS IN COOPERATION WITH THE MARYLAND OFFICE OF HIGHWAY SAFETY TO PROVIDE FOR OVERTIME REIMBURSEMENT TO POLICE OFFICERS PARTICIPATING IN DUI ENFORCEMENT
Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1121. Resolution No. 1121, as addressed by Police Chief Allan Webster, accepts $4,000 in grant funds in cooperation with the Maryland Office of Highway Safety to provide for overtime reimbursement to police officers participating in DUI enforcement.
Resolution No. 1121 passed unanimously.
RESOLUTION NO. 1122 - ENDORSING REQUESTS FOR LEGISLATIVE ACTION BY THE MARYLAND MUNICIPAL LEAGUE
Mr. Comegys moved and Mr. Day seconded to approve Resolution No. 1122. Executive Officer John Pick presented Resolution No. 1122 endorsing the following requests for legislative action by the Maryland Municipal League:
• revising the procedure amending City Charters to make it more difficult to do so;
• authorizing local governments to adopt a food and beverage tax; and
• authorizing municipalities to “aggregate” the electrical demand of their residents and businesses so that they can negotiate electric rates in an open market environment.
Four local restaurant owners, who had just heard about this issue today, voiced their opposition to submitting a proposal authorizing local governments to adopt a food and beverage tax. Other individuals questioned why this was being discussed publicly for the first time just four days before the deadline and who was pushing these proposals, and suggested other resources of revenue such as impact fees.
After discussion, Ms Siggers moved and Mrs. Cathcart seconded to amend Resolution No. 1122 by removing item b, authorizing local governments to adopt a food and beverage tax. The amendment failed to pass on a 2-3 vote (Mrs. Cathcart and Ms. Siggers voting aye). Resolution No. 1122 passed on a 4-1 vote with Ms. Siggers casting the nay vote.
PUBLIC COMMENTS
Mr. Ray Hudson asked the Council to consider exempting the handicapped from a building permit fee. He referenced a handicapped ramp that was constructed on a Glen Avenue home which cost $65 for the permit (friend paid the fee). The United Methodist Men of Bethesda Church plans to reimburse the individual for the payment of the fee.
With no further business, the meeting adjourned at 7:45 p.m.
City Clerk
Council President