Salisbury Council’s Marathon Work Session

Eight hours!  Monday evening the Salisbury City Council worked to clear the backlog of items from their desks in a marathon work session.  Beginning with a closed session at 3 PM, the council (along with city staff, members of the public, and Mayor Jim Ireton) slogged through a laundry list of items before calling it quits shortly before 11 PM.
The open session did not begin until 5 PM.  The council chose to start off with whether or not the Salisbury Council should begin their meetings with the Lord’s Prayer.  City Attorney Paul Wilber provided a précis of the current law.  Councilwoman Shanie Shields, one of the original people pushing this issue, now claims that she never called for the prayer’s removal from council proceedings.  Laura Mitchell, the other chief proponent, continued to push for a generic “moment of silence”.  Council President Terry Cohen stated that she will opt for a “moment of silent meditation” at the next council meeting because the council has not reached a consensus on the issue.
What is the city council’s discretion in granting manufacturing tax exemptions?  This question loomed large after Wilber reversed his previous opinions that granting such exemptions was mandatory.  Internal Services Director Pam Oland repeatedly emphasized that, while the city has discretion as to the type of exemption to grant, the city government needs a consistent policy.  Cohen agreed that the city can’t be accused of “cherry picking”.
This issue became controversial after Gannett, the owners of Salisbury’s Daily Times, received a $400,000 manufacturing exemption AFTER they had moved their printing operation to their Basin Road plant in New Castle, DE.  At the time the exemption was granted, during the last legislative meeting of the previous council, council Vice President Debbie Campbell asked if the council had any discretion in granting the exemption for Gannett.  Wilber told her that granting the exemption was mandatory.  He later reversed himself after the current council was sworn in.  The council has agreed to review the city’s current written policy (if one can be found) and amend it if necessary.
One of the more heated discussions revolved around an update of “The Bricks” project the city has undertaken with Homes for America.  Nancy Rase, president of Homes for America, apprised the council that a new funding scheme had been developed.  The project would receive a loan from the state’s Partnership Rental Housing Plan.  However, the city is under no obligation to pay back the loan unless the property ceases to be used as affordable housing or if they sell the property.  The project is estimated to cost $179,000 per unit for nine (9) one bedroom units.  Mayor Ireton emphasized that some of these costs can be mitigated and that the actual construction cost is budgeted at $106,000 per unit (or $93.22 / sq. ft.).  Campbell argued that the cost of this project was far too high, noting that similarly sized condos are currently being auctioned off for $75,000 in Ocean City.
The council was then informed that city taxpayers would owe Homes for America approximately $75,000 if the council refused to move forward with the project.  When this project was last discussed (by the previous council), councilwomen Louise Smith and Shanie Shields both promised citizens that the city was not on the hook for any costs.
Council then tackled a proposed annexation agreement for a parcel at the corner of US 50 and Walston Switch Road just west of Wor-Wic Community College.  While there was no opposition to the annexation, council members wanted the developers to fully understand that they could not guarantee them the zoning they desire – Planned Development District.
The final major item on the agenda was the proposed “Tenants’ Bill of Rights”.  This bill would require Salisbury landlords to include an addendum to their leases which would provide information to tenants as to where to seek help in landlord / tenant disputes and in exactly what rights a tenant has.  This proposal was brought to the table at 9:35 PM.
Kris Adams, president of the Salisbury Area Property Owners’ Association (SAPOA), had been invited to meeting by Councilwoman Campbell and spoke to the measure on behalf of SAPOA.  Mrs. Adams stated that, while she was not expressly opposed to a tenant’s bill of rights, she did feel that it was government’s responsibility to inform tenants of their rights rather than placing the obligation on landlords.  Adams also noted that if certain other portions of the Mayor’s “Safe Streets” legislative package (such as the “Crime Free Lease addendum” and the “3 strikes” provision)  became law then the city should offer some form of protection to landlords who can be sued for simply enforcing the city’s own ordinances.
Adams also offered several suggestions for re-vamping the city’s website regarding rental housing.  While this measure must go back to a future work session for some technical / legal issues, it is slated to move to a future legislative session.
After the “Tenants’ Bill of Rights” discussion, a few minor items such as amending the council’s rules of order were discussed.