In response to Mr. James Trader’s inquiry, City Administrator John Pick reported that the fines collected go into the General Fund.

After discussion, Ordinance No. 1952 for first reading passed unanimously.

RESOLUTION NO. 1285 - ADOPTING SCHEDULE OF PARKING FINES

Mrs. Campbell moved and Mrs. Cathcart seconded to approve Resolution No. 1285.  Resolution No. 1285, as briefed by Police Chief Allan Webster, increases the parking fines for meters and permit violations to $10.00 and the additional $15.00 parking violations increases to $35.00.

Resolution No. 1285 passed unanimously.

ORDINANCE NO. 1953 - 1^ST READING - EXTENDING THE PERIOD OF EXISTING LAWFUL OCCUPANCY BY MORE THAN TWO UNRELATED PERSONS WITH THE “FAMILY” DEFINITION AS SET FORTH IN SECTION 17.04.120, DEFINITIONS, OF THE SALISBURY MUNICIPAL CODE

Mr. Comegys moved and Mrs. Campbell seconded to approve Ordinance No. 1953 for first reading.  City Solicitor Paul Wilber introduced Ordinance No. 1953 extending the period of existing lawful occupancy by more than two unrelated persons within the “family” definition set forth in Section 17.04.120, Definitions, of the Salisbury Municipal Code from October 1, 2005 to November 1, 2005.

Ordinance No. 1953 for first reading passed unanimously.

RESOLUTION NO. 1294 - ACCEPTING GIFT OF THE NEW YORK AVENUE PLAYGROUND AND REVIVING THE CORPORATE OWNERSHIP ENTITY

Mr. Comegys moved and Mrs. Shields seconded to approve Resolution No. 1294.  Mayor Tilghman, City Solicitor Paul Wilber, Grants/Special Projects Director Loré Chambers and Johnson Lake Neighborhood Association President Susan Carey addressed Resolution No. 1294.  The Resolution accepts the gift of the New York Avenue Playground after the charter of the corporate owner (New York Avenue Community Club, Inc.) is revived.  Mrs. Chambers will be working on a grant to renovate the playground.

Resolution No. 1294 was unanimously approved.

RESOLUTION NO. 1286 - ADOPTING NATIONAL INCIDENT MANAGEMENT SYSTEM POLICY

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1286.  Resolution No. 1286, as highlighted by Police Chief Allan Webster, adopts the National Incident Management System (NIMS) as the City’s incident management system.  Adoption of NIMS will improve the City’s eligibility for access to state and federal funding to enhance local agency readiness, maintain first responder safety and streamline incident management processes.

Resolution No. 1286 passed unanimously.

RESOLUTION NO. 1287 - ESTABLISHING “NO PARKING HERE TO CORNER” SIGN ON WALNUT STREET

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1287.  Police Chief Allan Webster presented Resolution No. 1287 establishing a “No Parking Here to Corner” sign restricting parking on the north side of Walnut Street west from the corner of Poplar Hill Avenue and Walnut Street to the first driveway.

Resolution No. 1287 passed unanimously.

RESOLUTION NO. 1288 - ACCEPTING SCHOOL BUS SAFETY ENFORCEMENT PROGRAM GRANT - POLICE CHIEF ALLAN WEBSTER

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1288.  Police Chief Allan Webster introduced Resolution No. 1288 accepting $5,000 in grant funds in cooperation with the Department of State Police to be used for overtime reimbursement for officers participating in a special school bus safety program.

Resolution No. 1288 was unanimously approved.

RESOLUTION NO. 1289 - ESTABLISHING A DATE FOR A PUBLIC HEARING - PEMBERTON DRIVE-CROCKETT PROPERTY ANNEXATION

Mrs. Shields moved and Mrs. Campbell seconded to approve Resolution No. 1289.  Public Works Engineer Clay Hall, along with property owner John Crockett, presented Resolution No. 1289 proposing to annex 1.07 acres located on the northwesterly side of Pemberton Drive.  A public hearing on the annexation would be scheduled for September 26, 2005.  Upon annexation, the property would be zoned Neighborhood Business.  Development plans include the construction of a retail seafood market.

After discussing the traffic concerns associated with Pemberton Drive, and possible access on  Culver Road, Resolution No. 1289, establishing a public hearing date for September 26, 2005, was unanimously approved.

RESOLUTION NO. 1290 - ACCEPTING GRANT AWARD FROM MARYLAND HISTORICAL TRUST

Mrs. Shields moved and Mrs. Campbell seconded to approve Resolution No. 1290.  Grants/

Special Projects Director Loré Chambers presented Resolution No. 1290 accepting grant funds of $12,000 from the Maryland Historical Trust for the development of comprehensive design guidelines to address renovation and rehabilitation of properties in the historical districts.

Resolution No. 1290 passed unanimously.

RESOLUTION NO. 1291 - ACCEPTING TRANSPORTATION ENHANCEMENT PROGRAM GRANT

Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1291.  Resolution No. 1291, as introduced by Deputy Public Works Director Chip Messick, accepts grant funds of $225,000 from the Maryland State Highway Administration.  The funds will be used for the design and construction of pedestrian and bicycle facilities improvements which are to be incorporated in conjunction with and subsequent to the construction of Phase 2 of the Northeast Collector Road.

Resolution No. 1291 passed with Mrs. Cathcart, Mrs. Shields and Mr. Dunn voting aye.  Mrs. Campbell and Mr. Comegys abstained.

RESOLUTION NO. 1292 - APPROVING A WAIVER OF WATER AND SEWER CAPACITY FEE FOR LODGES AT NAYLOR MILL PROJECT

Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1292.  Mr. Rick Della (Vice President of The Rainmaker Group) and Deputy Public Works Director Chip Messick addressed Resolution No. 1292 authorizing the waiver of the capacity fee of the City’s comprehensive connection charge for the Lodges at Naylor Mill development.  Mrs. Campbell announced that she would recuse herself from voting on this item since the company she works for may have a business relationship with Interfaith Housing.

Mr. Messick explained that The Rainmaker Group is the developer and Interfaith Housing is the sponsor for the senior residential housing project.  The first phase will contain 65 units and the second phase 40 units.

After discussion, Mr. Messick requested an amendment to the Resolution changing all references to The Rainmaker Group to Interfaith Housing.  Mr. Comegys moved and Mrs. Cathcart seconded to amend Resolution No. 1292 as requested by Mr. Messick.  The amendment passed on a 4-0 vote.  Resolution No. 1292, as amended, passed on a 4-0 vote.

RESOLUTION NO. 1293 - PERMITTING THE EXTENSION OF THE SOUTH PERIMETER FENCE OF THE ZOO DIVISION TO ACCOMMODATE A SERVICE ROAD

Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1293.  Deputy Public Works Director Chip Messick provided a briefing on Resolution No. 1293 permitting an extension of the south perimeter fence of the Zoo Division to accommodate a service road as proposed in the Zoo Master Plan.  A 500-foot section of the south perimeter fence would be extended by 15 to 20 feet into the buffer between the Zoo and South Park Drive.

Resolution No. 1293 passed unanimously.

RESOLUTION NO. 1295 - OPPOSING SENATE BILL 1504, THE “BROADBAND INVESTMENT AND CONSUMER CHOICE ACT”

Mrs. Cathcart moved and Mrs. Campbell seconded to approve Resolution No. 1295.  City Administrator John Pick, along with PAC14 representatives Mike Goodson and Craig Twilley, introduced Resolution No. 1295 expressing opposition to Senate Bill 1504, known as the “Broadband Investment and Consumer Choice Act” and urging the Maryland Congressional Delegation and other members of Congress to oppose the bill.  Senate Bill 1504 essentially strips all cities of authority to regulate cable providers.

Resolution No. 1295 was unanimously approved.

RESOLUTION NO. 1296 - ADOPTING A POLICY ON THE GRANTING OF A PAYMENT-IN-LIEU-OF-TAXES FOR AFFORDABLE HOUSING PROJECTS WHICH SERVE LOW INCOME PEOPLE

Mr. Comegys moved and Mrs. Campbell seconded to approve Resolution No. 1296.  City Administrator John Pick, Mr. Jeff Paxson (representing The Shelter Group) and Attorney Steve Smethurst discussed Resolution No. 1296 adopting a policy providing for a payment-in-lieu-of-taxes (PILOT) and a tax deferral plan for affordable housing projects that serve low income people.

To clarify that the PILOT payments would be capped each year by the amount of the normal tax liability, Mr. Pick recommended the following amendment to Resolution No. 1296 (inserted between items 3 and 4):

“The owners of the development would never be responsible for payment more in PILOT payments than the actual tax that would be due during any year.”

After discussing the concerns relative to the Shelter Group’s zero tolerance policy, Mr. Comegys moved to amend Resolution No. 1296 as recommended above by the City Administrator.  Mrs. Cathcart seconded and the amendment passed unanimously.  Resolution No. 1296, as amended, passed unanimously.

RESOLUTION NO. 1297 - GRANTING A PAYMENT-IN-LIEU-OF-TAXES FOR WESTBROOK APARTMENT HOMES

Mrs. Shields moved and Mrs. Cathcart seconded to approve Resolution No. 1297.  City Administrator John Pick reported that Resolution No. 1297 grants a payment-in-lieu-of-taxes and a tax deferral for the low-income housing development known as Westbrook Apartment Homes.

Mr. Pick recommended the following amendment to the Resolution (inserted between items

c & d:

“The owners of the development would never be responsible for payment more in PILOT payments than the actual tax that would be due during any year.”

On a motion and a second by Mr. Comegys and Mrs. Campbell, respectively, the amendment as recommended above by the City Administrator, passed unanimously.  Resolution No. 1297, as amended, was unanimously approved.

RESOLUTION NO. 1298 - REAPPOINTMENT TO TRAFFIC AND SAFETY ADVISORY COMMITTEE

Mrs. Cathcart moved and Mr. Comegys seconded to approve Resolution No. 1298.  City Administrator John Pick, on behalf of Mayor Tilghman, put forth the reappointment of Paul C. Weber to the Traffic and Safety Advisory Committee for a term ending July 2007.

Resolution No. 1298 passed unanimously.

With no further business, the meeting adjourned at 7:53 p.m.

CITY OF SALISBURY

CLOSED SESSION

SEPTEMBER 6, 2005

TIME & PLACE:            4:00 p.m., Room 305 - City/County Government Office Building

PURPOSE:                 Consult with the City’s attorney on legal issues relative to potential litigation and additional legal counsel

VOTE TO CLOSE:            Unanimous

CITATION:                 Annotated Code of Maryland Sections 10-508(a)(7)(8)

PRESENT:                  Council President Michael Dunn, Council Vice President Gary Comegys, Councilwoman Deborah Campbell, Councilwoman Lynn Cathcart, Councilwoman Eugenie Shields, Mayor Barrie P. Tilghman, City Clerk Brenda Colegrove, City Administrator John Pick, City Solicitor Paul Wilber

_____________________________________________________________________________

At 4:00 p.m., in Conference Room 305 of the City/County Government Office Building, Mrs. Cathcart moved to convene in a closed session to consult with the City’s attorney on issues relative to potential litigation and additional legal counsel as permitted under the Annotated Code of Maryland Sections 10-508(a)(7)(8).  Mrs. Shields seconded and the vote was unanimous.

City Solicitor Paul Wilber provided a briefing on the legal issues/ramifications and potential litigation involving a group domiciliary home in the City.  No action was taken by the Council on this item.

Mr. Wilber also briefed the Council on his request for seeking additional legal counsel specializing in labor law.  After discussion, there was a consensus to move forward with the request.

At 4:43 p.m., upon a motion and a second by Mrs. Cathcart and Mrs. Shields, respectively, the Council adjourned the closed session.

City Clerk

Council President