CITY OF SALISBURY, MARYLAND

• presentation of United States flag and Maryland flag to the Chipman Cultural Center;

• appreciation extended to PAC14 staff for their assistance in recording meetings at the Chipman Center;

• today’s opening of Northeast Collector Road Phase 2; and

• request to keep Firefighter/Paramedic Michael McMullen, who was injured in Iraq, in our prayers.

Mrs. Campbell moved and Mr. Comegys seconded to approve the agenda as presented. Mrs. Cathcart moved to amend the agenda by deleting the presentation of the audit report. Mr. Comegys seconded and the amendment passed unanimously. The agenda, as amended, was unanimously approved.

APPROVAL OF DECEMBER 12, 2005 MINUTES

On a motion and a second by Mrs. Shields and Mr. Comegys, respectively, the December 12, 2005 minutes were unanimously approved.

AWARD OF BIDS

Mrs. Cathcart moved and Mrs. Campbell seconded to approve the Award of Bids. Acting Director of Procurement & Parking Erin Kesler presented the following items:

1. Declaration of surplus - PD ............................................................................................ -0-

1999 Ford Crown Vic, 1995 Mercury Sable, 1994 Ford F250 (used as trade ins)

Copier & Cabinet

2. Change Order No. 1 Contract A-7-06 ................................................................. $80,000.00

State Highway funds available

Account Nos. 31000-534318 & 31156-534307

3. Fire Fighter Protective Gear - FD..................................................................... $390,000.00

Municipal Emergency Services Various Funds

4. Purchase of Isabella Street Properties ............................................................. $170,000.00

Isabella Street Holdings, LLC

Account No. 81080-577010-43304

The above items were unanimously approved.

RESOLUTION NO. 1340 - ESTABLISHING DATE FOR A PUBLIC HEARING - PARSONS ROAD-G2 PROPERTIES ANNEXATION

Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1340. Public Works Engineer Clay Hall introduced Resolution No. 1340 establishing a public hearing date of February 13, 2006 to annex 3.6 acres located on the southwesterly side of Parsons Road. Upon annexation, the property would be zoned Neighborhood Business. Development plans include a 14,564 sq. ft. drug store and a 22,000 sq. ft. professional/medical office.

Resolution No. 1340, establishing a public hearing date of February 13, 2006, passed unanimously.

ORDINANCE NO. 1978 - 2^ND READING - ZONING TEXT AMENDMENT AYDELOTTE FARM

Mrs. Cathcart moved and Mr. Comegys seconded to approve Ordinance No. 1978 for second reading. Planning & Zoning Director Jack Lenox presented Ordinance No. 1978 amending the approved Preliminary Development Plan and the text of Chapter 17.150.050, Aydelotte Farm PRD #7. The revised development scheme proposes less density with 568 housing units. Mr. Lenox reported that they have identified the location of the Gordy family cemetery which will be clearly marked in the final development plan.

Ordinance No. 1978 for second reading passed unanimously.

ORDINANCE NO. 1980 - 2^ND READING - CHANGING NOTICE REQUIREMENTS FOR ABATEMENT OF TALL GRASS AND WEED VIOLATIONS

Mrs. Cathcart moved and Mrs. Campbell seconded to approve Ordinance No. 1980 for second reading. Building, Housing & Zoning Director William Holland reviewed Ordinance No. 1980 amending Chapter 8.08 of the Salisbury Municipal Code. After two warning notices have been sent to a parson in any calendar year, the Department of Neighborhood Services and Code Compliance can have the grass cut without notice. An appeal section was also added.

Ordinance No. 1980 for second reading was unanimously approved.

RESOLUTION NO. 1344 - ESTABLISHING A REGISTRATION FEE FOR PROPERTY OWNERS REQUESTING AN OCCUPANCY LIMIT OF FOUR UNRELATED PERSONS IN A DWELLING UNIT

Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1344. Mayor Tilghman, along with Building, Housing & Zoning Director William Holland, introduced Resolution No. 1344. The Resolution establishes a one time registration fee of $250 per dwelling unit for property owners to request an occupancy limit of four unrelated persons in a dwelling unit if the dwelling unit was in rental status prior to December 16, 2002. Mayor Tilghman stressed that the fee includes the legal component as well as staff time.

After relating her concerns (cost passed down to tenant and questioning whether the City should evaluate the cost factor first before assessing a fee), Mrs. Shields moved to reduce the registration fee to $125 per dwelling unit. Mr. Comegys seconded the motion.

Mr. Richard Insley, Mr. Donnie Williams and Mr. Gary Chandler voiced their concerns (i.e., fee will be passed on to tenants; fee too high; questioned why another inspection) with the proposed registration fee and requested that the Council not pass the Resolution.

Mrs. Cathcart and Mr. Comegys believed the $125 per unit was a compromise. Mrs. Campbell voiced her support for the $250 per unit fee.

The amendment to reduce the registration fee to $125 per dwelling unit passed on a 4-1 vote with Mrs. Campbell voting nay. Resolution No. 1344, as amended, passed on a 4-1 vote with Mrs. Campbell casting the nay note.

(The Council took a break at 7:13 p.m. and reconvened at 7:19 p.m.)

ORDINANCE NO. 1981 - 1^ST READING - CLOSING PAPER STREETS - FORD AND SPRUCE STREETS

Mr. Comegys moved and Mrs. Campbell seconded to approve Ordinance No. 1981 for first reading. City Solicitor Paul Wilber explained that Ordinance No. 1981 permits the closure of

two paper streets (Ford and Spruce Streets) contained within the seven acre parcel purchased by the City for the new Headquarters Fire Department building.

Ordinance No. 1981 for first reading passed unanimously.

ORDINANCE NO. 1982 - 1^ST READING - AMENDING SECTION 10.32.030, MOTOR TRUCKS AND COMMERCIAL VEHICLES

Mrs. Shields moved and Mrs. Cathcart seconded to approve Ordinance No. 1982 for first reading. Police Chief Allan Webster introduced Ordinance No. 1982 amending Section 10.32.030 of the Salisbury Municipal Code to prohibit persons parking any motor truck or commercial vehicle equipped with a mechanical refrigeration device, while the device is in operation, on any commercial property located within 100 yards of a residential structure between the hours of 11:00 p.m. and 7:00 a.m.

Ordinance No. 1982 for first reading was unanimously approved.

RESOLUTION NO. 1345 - ELIMINATING A NO PARKING LOADING ZONE ON THE NORTH SIDE OF W. WILLIAM STREET

Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1345. Resolution No. 1345, as presented by Police Chief Allan Webster, eliminates the No Parking Zone on the north side of W. William Street adjacent to Bethesda United Methodist Church.

Resolution No. 1345 passed unanimously.

RESOLUTION NO. 1346 - ACCEPTING GRANT FUNDS IN COOPERATION WITH THE MARYLAND OFFICE OF HIGHWAY SAFETY

Mr. Comegys moved and Mrs. Cathcart seconded to approve Resolution No. 1346. Police Chief Allan Webster reported that Resolution No. 1346 accepts $4,000 in grant funds in cooperation with the Maryland Office of Highway Safety. The funds will provide overtime reimbursement to police officers participating in DWI enforcement.

Resolution No. 1346 was unanimously approved.

RESOLUTION NO. 1347 - REVISING EMS BILLING RATE SCHEDULE

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1347. Fire Chief David See reviewed Resolution No. 1347 amending the rates for emergency medical services (EMS). Future increases and/or decreases for EMS rates would be established and automatically adjusted as permissible by Medicare. Chief See will give a status report to the Council following a full year of outsourcing by the billing vendor.

Resolution No. 1347 passed unanimously.

ORDINANCE NO. 1983 - 1^ST READING - AMENDING TITLE 13, PUBLIC SERVICES

Mr. Comegys moved and Mrs. Cathcart seconded to approve Ordinance No. 1983 for first reading. Public Works Director John Jacobs introduced Ordinance No. 1983 and highlighted the proposed changes to Title 13, Public Services, of the Salisbury Municipal Code. Mr. Jacobs also addressed the questions/concerns raised by Mr. Palmer Gillis (i.e., fire sprinkler systems; decrease/rebate of fees; collection of fees; oversizing lines).

In response to Mrs. Campbell’s query, City Solicitor Paul Wilber reported that, as presently worded, the current property owner would receive the refund. Mrs. Campbell preferred charging a percentage or a formula to ensure the cost is equitable when determining whether someone receives a rebate or if additional charges were warranted and suggested that the paragraph, Capacity Fee Waiver for Public Sponsored or Affordable Housing, be changed to mean properties that serve residents who earn 50% or less of the area median income and that the properties remain in that use for forty years.

After further discussion, Ordinance No. 1983 for first reading passed on a 4-1 vote with Mrs. Campbell voting nay.

RESOLUTION NO. 1342 - APPROVING A 10-YEAR WATER AND SEWER CAPITAL IMPROVEMENT PLAN

Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1342. Public Works Director John Jacobs presented Resolution No. 1342 approving the 10-year Water and Sewer Capital Improvement Plan for fiscal years 2007 to 2016.

Resolution No. 1342 passed unanimously.

RESOLUTION NO. 1341 - APPROVING REVISED WATER AND SEWER FEE SCHEDULE

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1341. Public Works Director John Jacobs provided an overview of Resolution No. 1341 which revises the comprehensive connection charges in accordance with Chapter 13.02 of the Salisbury Municipal Code and the pretreatment unit fee.

In response to Mrs. Campbell’s query, City Solicitor Paul Wilber opined that the methodology used for the capacity unit fee was sound. Mrs. Campbell expressed her concern with phasing in the sewer-connection and water-meter tap fee. In her view, it should be a fee to cover the cost and not be subsidized by the taxpayers.

Resolution No. 1341 passed on a 4-1 vote with Mrs. Campbell voting nay.

RESOLUTION NO. 1348 - TRANSFERRING FUNDS FROM THE CITY CONTINGENCY FOR IMPACT FEE FEASIBILITY STUDY

Mrs. Shields moved and Mr. Comegys seconded to approve Resolution No. 1348. City Administrator John Pick introduced Resolution No. 1348 transferring $7,500 from the City Contingency to provide for an impact fee feasibility study.

Resolution No. 1348 passed unanimously.

RESOLUTION NO. 1343 - REAPPOINTMENTS TO CENTRAL CITY DISTRICT COMMISSION

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1343. On behalf of Mayor Tilghman, City Administrator John Pick put forth the reappointments of William Ahtes, Carol Wright and Frank J. Ward III to serve for terms ending September 2006.

Resolution No. 1343 passed unanimously.

With no further business, the meeting adjourned at 8:28 p.m.

CITY OF SALISBURY

CLOSED SESSION

JANUARY 20, 2006

TIME & PLACE: 3:30 p.m.; Conference Room 305 - Government Office Building

PURPOSE: Personnel issue

VOTE TO CLOSE: Unanimous

CITATION: Annotated Code of Maryland Section 10-508(a)(1)

PRESENT: Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Lynn Cathcart, Councilwoman Eugenie Shields (arrived after the vote to close), City Clerk Brenda Colegrove

ABSENT: Councilwoman Deborah Campbell

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At 3:30 p.m., in Conference Room 305 of the Government Office Building, Mrs. Cathcart moved to convene in closed session for a personnel matter (interviewing candidates for the Finance Director position) as permitted under the Annotated Code of Maryland Section 10-508(a)(1). Mr. Comegys seconded and the vote was unanimous. Mrs. Shields arrived after the vote was taken.

After interviewing the candidates, the Council came to a consensus on a recommendation to forward to the Mayor. At 4:54 p.m., upon a motion and a second by Mrs. Cathcart and Mrs. Shields, respectively, the closed session adjourned

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City Clerk

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Council President