Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
SALISBURY CITY COUNCIL
WORK SESSION AGENDA
‐‐‐‐‐‐‐‐‐‐‐‐‐
AUGUST 6, 2018
COUNCIL CHAMBERS
GOVERNMENT OFFICE BUILDING
4:30 p.m. Presentation – Reducing Implicit Bias in the Hiring Process‐ Julia Glanz
4:50 p.m. National Folk Festival update‐ Caroline O’Hare, Local Manager, National Folk Festival
5:15 p.m. Delmarva Power “Energy Efficient Communities” MOU‐ Jennifer Miller
5:30 p.m. Text Amendment‐ Multi‐Use Definition‐ Anne Roane
5:45 p.m. Text Amendment‐ College and University District‐ Anne Roane
6:00 p.m. Ethics Code Amendment – Mark Tilghman
6:15 p.m. Council discussion
6:20 p.m. Adjournment
Times shown are approximate. Council reserves the right to adjust the agenda as circumstances warrant. The Council reserves the right to convene in Closed Session as permitted under the Annotated Code of Maryland 3‐305(b).
Posted 8/1/18
To: Mayor and City Council From: Jennifer Miller
Director of Procurement Date: July 25, 2018 Subject: Delmarva Power & Light “Energy Efficient Communities” MOU Attached is a Resolution and supporting reference material that would allow the City to participate in
the Delmarva Power & Light “Energy Efficient Communities” program by way of a Memorandum of
Understanding. Participation in this program would provide the City with the opportunity to receive
incentive payments for approved energy efficiency measures.
Thank you.
cc Andy Kitzrow
Page 14/26/2018
Frequently Asked Questions
Who is eligible to participate in the Energy Efficient Communities Program (EECP)? Any city, municipal, county, or town government agency paying into the EmPOWER Maryland fund with an active Maryland Delmarva Power commercial or industrial electric account and a monthly demand greater than 60kW over a 12-month period.
What are the program requirements? All participants in the EEC Program must take the following actions:
Sign a Memorandum of Understanding (MOU) that details the program expectations Identify an Energy Champion, or the person that will be the main point of contact for the
program team, attend required meetings and trainings, and assist with program applications Meet with the Delmarva Power program team quarterly to review program details and goals Develop an implementation plan to identify goals, facilities, measures, and a timeline Receive pre-approval for each project Send at least one employee to complete an Operations and Maintenance (O&M) Training
during the 2018-2020 Program cycle Submit a minimum of one application per year over the 3-year cycle (2018-2020), including at
least one non-Prescriptive Program application
What types of measures and projects qualify for this program?
The EECP is a combination of Delmarva Power’s Energy Savings for Business portfolio of programs. Prescriptive measures, Custom measures, New Construction, Building Tune-up, and Combined Heat and Power (CHP) are all eligible. Each organization will work with your designated Delmarva Power Account Executive to identify qualifying projects.
ENERGY EFFICIENT COMMUNITIES FREQUENTLY ASKED QUESTIONS
April 2018
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
Page 24/26/2018
o Examples of Prescriptive projects include, but are not limited to: Street lighting Interior/Exterior Lighting and Controls Chillers Commercial Appliances and Kitchen Equipment HVAC units Variable Frequency Drives
o Examples of non-Prescriptive projects include, but are not limited to: Compressed Air Measures Data Center Equipment Building Envelope Measures Building Control Systems Building Tune-Up Monitoring-Based commissioning Combined Heat and Power
For additional information, please visit delmarva.com/saveenergy
My organization has only one project that qualifies for funding under this program. Can we still participate?
This Program is designed to develop a comprehensive program plan over three (3) years. We are happy to work with you to identify additional projects, but if you decide that this will be a one-time initiative, we can work with you to submit this project under another Energy Savings for Business program. For additional information on our other programs, please visit delmarva.com/saveenergy.
I don’t have the resources to develop an implementation plan for my organization. Can I still participate?
Delmarva Power is happy to help assist you through the process of identifying potential projects and walking through the applications. You will need to provide a main point of contact who is responsible for managing your project(s). The point of contact, or Energy Champion, will be the person responsible for getting pre-approval for the project, participating in an O&M Training course, and meeting regularly with the Delmarva Power team to check on status and compliance.
What is the deadline for project completion?
All project work must be completed and installed by June 30, 2021 to qualify for the program and received funding.
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
Page 34/26/2018
Why should I participate in this Program instead of the other Energy Savings for Business programs? The EECP is designed to help your organization identify projects that will work together to help you save energy and money. By enrolling in this program and committing to working with us on multiple projects, we will agree to lock in the current incentive rates for the duration of the MOU agreement. If incentives decrease during that time, your project will still be held to the higher incentives that were part of the pre-approval process. If the incentives are increased, we will honor the higher amounts. As an added bonus, we will also cover the cost of one (1) O&M Training course that is required for this program.
How can I learn more about the Program? For more information on the program and to address any questions, please reach out to [email protected].
Delmarva Power Energy Savings for Business Programs Contact Delmarva Power: 1-866-353-5799 │ [email protected]
WHEREAS, Delmarva Power & Light Company ("the Utility") offers to pay incentives through the Energy Efficient Communities Program (“the Program”) to qualified municipalities and other government customers for including energy efficiency measures into their new and/or existing facility; and
WHEREAS, ICF ("the Program Administrator") implements the Program on behalf of the Utility; and
WHEREAS, Customer is the owner of a facility, identified below, (‘the Customer”); and
WHEREAS, the Customer agrees to comply with Program requirements; and
NOW THEREFORE, in consideration of the above Recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this MOU ("the Parties"), intending to be legally bound, hereby agree as follows:
1. INCENTIVE PAYMENTS
The Utility will pay incentives, as defined in the Delmarva Power Energy Savings for Business Prescriptive, Custom, New Construction, and Building Tune-Up Programs Application(s), for energy efficient measures outlined in the Attachment(s) attached hereto and incorporated herein by reference, after review and approval by the Utility in accordance with Section 2 below. The estimated amount of the incentives will be set with the Pre-Approval email issued during review for each program for which an application is submitted. The Utility will calculate and approve the incentive amounts and issue payment by check in accordance with Section 3 below.
2. PROGRAM REQUIREMENTS
The Customer must meet all requirements outlined in Attachments A and B. The Customer will meet with the pre-determined Utility representative (Account Executive) to discuss, and determine, which measures are feasible for the Program and outline the measures, estimated kWh savings, and expected completion dates. The Utility will review and approve all deliverables in accordance with Attachment A during each application review. Adjustments may be made to the pre–approved incentives based on final design efficiency measures. Additional Terms & Conditions are noted, and listed, on each Program's specific technical sheets.
3. TIMEFRAME FOR INCENTIVE PAYMENTS
The Utility will pay incentives within four to six weeks of each completed application and final project approval.
4. ENTIRE AGREEMENT
This MOU, including the following attachment(s) contains the entire agreement among the Parties and supersedes all prior agreements and representations, as well as other communications and representations, with respect to the subject matter of this MOU.
Attachment A – Program Requirements Attachment B – Implementation Plan
ENERGY EFFICIENT COMMUNITIES MEMORANDUM OF UNDERSTANDING
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
If either the Utility or the participating Customer desires to modify this MOU, the modification must be in writing and signed by an authorized representative of the Customer and the Program Administrator in order for the modification to be valid.
5. COMMENCEMENT AND DURATION
This MOU will l commence as of the date it has been signed by both the Customer and the Program Administrator and will continue to remain in effect until the work outlined in the Attachments is completed, unless terminated prior thereto in accordance with Section 11, below.
6. GOVERNING LAW
This MOU will be construed and interpreted in accordance with the laws of the State of Maryland without giving effect to principles of conflict of law.
7. FORCE MAJEURE
In the event that either the Customer or the Utility is unable to perform any of its respective obligations in this MOU and such non–performance is caused by acts of God, civil insurrection, acts of a public enemy, accidents, acts of a civil or military authority, floods, earthquakes or winds, or similar situations beyond the reasonable control of the Parties concerned, such failure to perform will not constitute a breach of this MOU.
8. NOTICES
All notices given under this MOU must be in writing and delivered personally or by certified mail, return receipt requested and postage prepaid, to the other parties at the address provided below. Notice will be deemed given as of the date of delivery in the case of personal notice; in the case of mailing by certified mail, notice shall be deemed given on the date of mailing.
To Utility (Name and Address):
To Customer (Name and Address):
9. DISPUTE RESOLUTION
In the event of a dispute between the parties which cannot be informally resolved, the following procedure will apply.
9.1 Notice of Dispute. A Party will deliver a written notice ("Dispute Notice") to the other describing the nature and substance of any Dispute (as defined below) and proposing a resolution of the Dispute.
9.2 Executive Negotiation. During the first thirty (30) days following the delivery of the Dispute Notice (and during any extension agreed to by the Parties, the "Negotiation Period") an authorized executive officer of each Party will attempt in good faith to resolve the Dispute through negotiations. If such negotiations result in an agreement in principle among such negotiators to settle the Dispute, they will cause a written settlement agreement to be prepared, signed and dated (an Executive Settlement"), whereupon the Dispute will be deemed settled, and not subject to further dispute resolution.
9.3 Alternative Dispute Resolution. (i) The Parties acknowledge that it is in their best interests to resolve any dispute, claim or controversy arising out of or relating to this MOU (any such dispute, claim or controversy, a “Dispute”), in accordance with the dispute resolution procedures set forth herein and (2) agree to use their best efforts so to resolve any such Dispute. Without limitation, such efforts will include mandatory submission of a Dispute to non–binding mediation. Should such Dispute not be resolved within 90 days after the issuance by one of the Parties of a written Request for Mediation (or such longer period as the parties may agree), each Party may seek other legal recourse. (ii) Notwithstanding the above, either Party may seek injunctive relief to enforce its rights with respect to the use or protection of (1) its confidential or proprietary information or material or (2) its
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
names, trademarks, service marks or logos, in a court of competent jurisdiction. The Parties consent to the personal jurisdiction thereof and to sole venue therein only for such purposes.
9.4 Tolling of Statute of Limitations. The initiation of any Dispute Resolution Procedure under this Section 9, to the extent permitted by applicable law, will, upon the delivery of a Dispute Notice, suspend the running of the statute of limitations applicable to the Dispute described in such Dispute Notice until fourteen (14) calendar days after the conclusion of all such Dispute Resolution procedures.
10. TERMINATION
If the Customer is not engaged in a continuous effort in accordance with the MOU by the end of one year from the date this MOU is signed, the Utility may cancel this MOU and reject the Customer’s application.
11. GENERAL
11.1 Neither Party will be bound by any undertaking, representation or warranty not recorded herein or added hereto as provided herein.
11.2 No purported oral modification or waiver of any provisions of this MOU by an employee or agent of either Party will operate as a modification or waiver of any of the provisions of the MOU. No waiver of any provision of this MOU will be binding on either Party unless set forth in writing signed by an authorized agent of the Party.
11.3 No failure or delay on the part of either Party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Parties would otherwise have.
11.4 If any clause or term of this MOU should be invalid, unenforceable or illegal, then the remaining terms and provisions of this MOU will be deemed to be severable therefrom and will continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this MOU.
11.5 Each Party will pay its own costs relating to the preparation and execution of this MOU.
11.6 This MOU will inure to the benefit of and be binding upon the successors and permitted assigns of the Parties. Neither this MOU nor any rights or obligations hereunder may be assigned by any Party without the prior written consent of the other Party; provided, however, that no such consent will be required in the event of an assignment by a Party to a “related party.” For purposes of this paragraph “related party” means (a) a surviving or successor company to a Party in the event of a merger or consolidation, (b) a company owned by a Party, (c) a company that owns a Party, or (d) a company that is owned by another company which also owns a Party; in clauses (b), (c), and (d) “owned” or “owns” includes direct or indirect ownership.
11.7 As the MOU was negotiated by the Parties, the rule of construction that the contract will be interpreted against the Party responsible for the drafting or preparation of this MOU will not apply.
11.8 This MOU may be signed in counterparts, each of which will be deemed to be an original, but both of which, taken together, will constitute one and the same instrument.
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date written below.
PROGRAM ADMINISTRATOR REPRESENATIVE
Signature:
Name:
Title:
Date:
CUSTOMER REPRESENTATIVE
Signature:
Name:
Title:
Date:
Delmarva Power Energy Savings for Business Program
Contact: 1-866-353-5799 | [email protected]
Under the signed MOU, the Customer agrees to meet the following requirements in order to qualify for incentive funding:
Requirement 1 – Sign Memorandum of Understanding (MOU)
Participation in the Energy Efficient Communities Program requires signature of the Memorandum of Understanding outlined in the first tab of this document. This MOU details the program expectations and requirements, which must be met in order to receive Program funding.
Requirement 2 – Identify Energy Champion
The Customer will identify a point of contact that will be referred to as the Energy Champion. The Energy Champion is responsible for overseeing the projects identified under the Implementation Plan (Attachment B) and ensuring that they adhere to the Program requirements. The Energy Champion will be involved in the application process, attend trainings, meet with the Program team quarterly, and complete or oversee the completion of any and all tasks required to participate.
Requirement 3 – Complete Implementation Plan
The Customer will work with the assigned Account Executive (to be provided by the Delmarva Power team) to submit the Implementation Plan (Attachment B). The Implementation Plan will identify the projects, facilities, timelines, budgets, etc. EEC participants are required to complete one (1) application per year that they are in the Program, with at least one (1) project for a non-prescriptive measure. Additional details are provided in Requirement 6.
BONUS: For completing the implementation plan, incentive levels will be locked in at the time of pre-approval to avoid any decreases in rebate amounts. If incentive levels decrease during the customer's participation, the higher rebate levels will be honored.
Requirement 4 – Attend Quarterly Meetings
The Energy Champion will meet with the Delmarva Power Team (which will include the Account Executive, at a minimum) on a quarterly basis to monitor the status of the projects, identify any issues, discuss any new opportunities, etc. These meetings will be used to ensure compliance.
ENERGY EFFICIENT COMMUNITIES ATTACHMENT A
PROGRAM REQUIREMENTS
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
Requirement 5 – Attend Operations and Maintenance (O&M) Training
At least one (1) employee from the Customer's team, ideally the Energy Champion, will complete a pre-approved O&M training within the first year of Program participation. There are multiple training opportunities that can be selected, but the Customer must work with the Account Executive to identify eligibility before participating.
BONUS: The cost of one training will be covered 100% through the EEC program. Customers are welcome to attend or send one or more staff members to additional trainings, but those would be at the Customer's expense.
Requirement 6 – Submit Project Applications
Customers will be required to submit at least one (1) project per year for the duration of the MOU. At least one (1) of these projects must be for a non-prescriptive measure/project. All projects are subject to the terms of the appropriate Technical Sheets. All project work must be completed by June 30, 2021 in order to receive funding.
Delmarva Power Energy Savings for Business Program
Contact: 1-866-353-5799 | [email protected]
Requirement 1 – Sign Memorandum of Understanding (MOU)
Date Signed by all Parties
Requirement 2 – Identify Energy Champion
Name of Energy Champion Job Title
Street Address Phone Number
Requirement 3 – Complete Implementation Plan
Date Submitted
Date Approved
Requirement 4 – Attend Quarterly Meetings
Date of 1st Meeting/Kickoff
Requirement 5 – Attend Operations and Maintenance (O&M) Training
Pre-Approved Educational Course / Certification
Name of Applicant
Applicant's Job Title
Estimated Expected Completion Date
ENERGY EFFICIENT COMMUNITIES ATTACHMENT B
IMPLEMENTATION PLAN
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
Requirement 6 – Submit Project Applications
Program
Building Name
Building Account Number
Building Address
Service Provider (if applicable)
Identified Energy Efficient Measure
Measure Quantity
Estimated kWh Savings
Estimated Incentive
Estimated Expected Completion Date
Program
Building Name
Building Account Number
Building Address
Service Provider (if applicable)
Identified Energy Efficient Measure
Measure Quantity
Estimated kWh Savings
Estimated Incentive
Estimated Expected Completion Date
Program
Building Name
Building Account Number
Building Address
Service Provider (if applicable)
Identified Energy Efficient Measure
Measure Quantity
Estimated kWh Savings
Estimated Incentive
Estimated Expected Completion Date
Program
Building Name
Building Account Number
Building Address
This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017
Service Provider (if applicable)
Identified Energy Efficient Measure
Measure Quantity
Estimated kWh Savings
Estimated Incentive
Estimated Expected Completion Date
Program
Building Name
Building Account Number
Building Address
Service Provider (if applicable)
Identified Energy Efficient Measure
Measure Quantity
Estimated kWh Savings
Estimated Incentive
Estimated Expected Completion Date
Delmarva Power Energy Savings for Business Program
Contact: 1-866-353-5799 | [email protected]
RESOLUTION NO. ______ 1 2
A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND AUTHORIZING THE MAYOR TO 3 ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH DELMARVA POWER AKA 4 DELMARVA POWER & LIGHT COMPANY, TO BE AN ENERGY EFFICIENT COMMUNITY. 5 6 WHEREAS, the City of Salisbury is in the process of contracting with a company for a 7 guaranteed energy savings program; and 8 9 WHEREAS, Delmarva Power has an Energy Efficient Communities Program for qualified 10 municipalities which provides incentive payments for providing energy efficient measures in the City’s 11 facilities; and 12 13 WHEREAS, if implemented, the guaranteed energy savings program will include energy efficient 14 measures that will qualify for the Energy Efficient Communities Program; and 15 16 WHEREAS, the City of Salisbury has determined that this energy efficient incentive program 17 will be a benefit to the City. 18 19 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF 20 SALISBURY, MARYLAND that the Mayor is authorized to enter into a Memorandum of Understanding 21 with Delmarva Power & Light Company for the purpose of being qualified as an Energy Efficient 22 Community and to allow the City to apply for incentives based on future energy efficient measures 23 implemented in the City of Salisbury. 24 25 BE IT FURTHER ENACTED AND RESOLVED that the Mayor is hereby authorized to 26 negotiate, execute and deliver all documents on behalf of the City of Salisbury in connection with the 27 Memorandum of Understanding with Delmarva Power & Light Company and to take any action which is 28 necessary to consummate the transactions approved. 29 30 AND BE IT FURTHER ENACTED AND RESOLVED that this resolution shall take effect from 31 the date of its final passage. 32 33 THE ABOVE RESOLUTION was introduced, read and passed at the regular meeting of the 34 Council of the City of Salisbury held on this ___ day of _________, 2018, and is to become effective 35 immediately upon adoption. 36 37 38 ATTEST 39 40 41 Kimberly R. Nichols, City Clerk John R. Heath, President 42 Salisbury City Council 43 44 Approved by me this ___ day of ________________, 2018 45 46 47 Jacob R. Day, Mayor 48
ORDINANCE No. ___ 1 2 A ORDINANCE OF THE CITY OF SALISBURY, MARYLAND PURSUANT TO 3 CHAPTER 17.228 OF TITLE 17, ZONING OF THE SALISBURY MUNICIPAL CODE 4 AND SECTION 4.04 OF ARTICLE 66B OF THE ANNOTATED CODE OF MAYRLAND 5 FOR THE PURPOSE OF AMENDING SECTIONS 17.04.120, AND 17.76.020A TO 6 DEFINE MULTI-USE FACILITY AND TO ALLOW MULTI-USE FACILITIES AS A 7 PERMITTED USE. 8 9
WHEREAS, the ongoing application, administration and enforcement of Title 17, 10
Zoning of the Salisbury Municipal Code, demonstrates a need for periodic review, evaluation, 11
and amendments that will keep Title 17 current; and 12
WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury 13
Municipal Code, pursuant to the authority granted by Article 66B of the Maryland Annotated 14
Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning, 15
of Title 17, Zoning; and 16
WHEREAS, the Mayor and City Council requested that the Salisbury Planning and 17
Zoning Commission periodically review Title 17 in light of existing procedural practices and 18
input from the City Council and members of the public; and 19
WHEREAS, Robert B. Taylor, Esq., on behalf of Devreco Glen, LLC submitted an 20
application to amend the text of the definition of a Multi-Use Facility and to allow Multi- Use 21
Facilities as a permitted use in the Light Industrial zoning districts; and 22
WHEREAS, a Public Hearing on the proposed amendment was held by the Planning 23
Commission in accordance with the provisions of Chapter 17.228, of Title 17, Zoning, of the 24
Salisbury Municipal Code on May 17, 2018; and 25
WHEREAS, the Planning Commission did recommend approval of the proposed text 26
amendments to Sections 17.04.120, and 17.76.020A; 27
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF 28
SALISBURY, MARYLAND, that Title 17, Zoning, of the Salisbury Municipal Code is hereby 29
amended as follows: 30
AMEND SECTION 17.76.020A. Permitted Uses, by adding the following item: 31 32 32. Multi-Use Facility 33 34 AMEND SECTION 17.04.120 Definitions, by adding the following item: 35 36 “Multi-Use Facility” – two or more similar or different uses on a lot or parcel that 37 are conducted in physically separate areas and permitted inherently or otherwise in 38 the district in which located, provided that the lot or parcel and improvements 39 thereon satisfy the total parking, lot area and other requirements of the uses; the 40 facility shall not be deemed to be a shopping center if the total floor area of the uses 41 in which the principal activity is on-site retail sales does not exceed one-third of the 42 gross floor area of the entire facility.” 43
44 AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY, 45
MARYLAND, that this Ordinance shall take effect from and after the date of its final passage, 46
but in no event until ten (10) days after the date of the Council’s Public Hearing, and ___ day of 47
_____, 2018. 48
49 THE ABOVE RESOLUTION was introduced at a meeting of the Council of the City of 50
Salisbury, Maryland held August 6, 2018 and duly passed at a Public Hearing held 51
on___________, 2018 and is to become effective on _____________, 2018. 52
53
ATTEST: 54
________________________________ ______________________________ 55 Kimberly R. Nichols John R. Heath, City Council President 56 CITY CLERK 57 58 59
APPROVED BY ME THIS 60
____ day of _____________, 2018 61 62 ________________________________ 63 Jacob R. Day MAYOR, City of Salisbury 64 65 66
1
ORDINANCE NO.___ 2
3
4
AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND, 5
PURSUANT TO CHAPTER 17.228 OF TITLE 17, ZONING OF THE 6
SALISBURY MUNICIPAL CODE AND SECTION 4-102 OF THE LAND 7
USE ARTICLE OF THE ANNOTATED CODE OF MARYLAND FOR THE 8
PURPOSE OF AMENDING SECTION 17.20.020 TO ADD HOTEL OR 9
MOTEL AS A PERMITTED USE IN THE COLLEGE AND UNIVERSITY 10
DISTRICT. 11 12
WHEREAS, the ongoing application, administration and enforcement of Title 17, Zoning 13
of the Salisbury Municipal Code, demonstrates a need for periodic review, evaluation and 14
amendments that will keep Title 17 current; and 15
WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury 16
Municipal Code, pursuant to the authority granted by MD Code, Land Use, § 4-101, et seq. and in 17
accordance with specific provisions of Chapter 17.228, Amendments and Rezoning of Title 17, 18
Zoning; and 19
WHEREAS, the Mayor and City Council requested that the Salisbury Planning and 20
Zoning Commission periodically review Title 17 in light of existing procedural practices and input 21
from the City Council and members of the public; and 22
WHEREAS, Piraeus Realty Corp. submitted an application to amend the text of Chapter 23
17.20 (College and University District), specifically the addition of a new item “N” to Section 24
17.20.020; and 25
WHEREAS, a Public Hearing on the proposed amendment was held by the Salisbury 26
Planning and Zoning Commission in accordance with the provisions of Chapter 17.228, of Title 27
17, Zoning, of the Salisbury Municipal Code on June____, 2018; and 28
WHEREAS, the Salisbury Planning and Zoning Commission did recommend approval of 29
the proposed text amendment to Section 17.20.020. 30
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF 31
SALISBURY, MARYLAND, that Title 17, Zoning, of the Salisbury Municipal Code is hereby 32
amended as follows: 33
AMEND SECTION 17.20.020, PERMITTED USES, BY ADDING ITEM N 34
AS FOLLOWS: 35
36
N. HOTEL OR MOTEL. 37 38
AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY, 39
MARYLAND, that this Ordinance shall take effect from and after the date of its final passage, but 40
in no event until ten (10) days after the date of the Council’s Public Hearing, and 41
THE ABOVE ORDINANCE was introduced at a meeting of the Council on the ___ day 42
of _______________ 2018, and thereafter, a statement of the substance of the ordinance having 43
been published as required by law, in the meantime, was finally passed by the Council on ____ 44
day of _____________, 2018. 45
46
47
ATTEST: 48
49
50 _________________________ ______________________________ 51
Kimerly R. Nichols John R. Heath, President 52
City Clerk Salisbury City Council 53
54
55
56
Approved by me this 57
58
_______ day of ________________, 2018. 59
60
61
__________________________________ 62
Jacob R. Day 63
Mayor of the City of Salisbury 64
To: JuliaGlanz,CityAdministrator
From: S.MarkTilghman,CitySolicitor
Date: July11,2018
Re: Ordinance–EthicsCodeAmendment
TheStatehaschangedthelocalgovernmentrequirementsofthePublicEthicsLaw,tobeenactedandeffectiveasofJanuary1,2019.Therequiredchangesare:
1. PrecludesMayor,anelectedofficialoramemberoftheCityCouncilfromlobbying(legislativematters)foronecalendaryearafterleavingoffice.
2. EffectiveJanuary1,2019,theportionofafinancialdisclosurestatementthatincludesanindividual’shomeaddressmaynotbeprovidedtothepublic.
3. FormerlobbyistswhobecomeapublicofficialorCityemployeeisprohibitedfromparticipatinginacase,contractorotherspecificmatterfor1calendaryearafterterminatingtheirregistrationsiftheypreviouslyassistedorrepresentedanotherpartyinthematter.Doesnotapplytouncompensatedorminimallycompensated.
4. OntheFinancialDisclosureforms,addanothercategorytoScheduleH–forastatementfiledonorafterJanuary1,2019,ifthefiler’sspouseisaregulatedlobbyist,theymustdisclosetheentitythathasengagedthespousetolobby.
TherearealsoOptionalChanges,whichare:
1. OnthefinancialDisclosureform,remove“exchange‐tradedfunds”(ETF)fromthedefinitionofinterest.
2. Addthreespecificcircumstancesthatconstituteviolationoftheprestigeofofficeprovision(influencingtheawardofaCitycontracttoaspecificperson;initiatingasolicitationforapersontoretainthecompensatedservicesofaparticularlobbyistorfirm;usingpublicresourcesortitletosolicitapoliticalcontributionregulatedinaccordancewiththeMarylandElectionLawArticle).
JACOB DAY MAYOR
JULIA GLANZ
CITY ADMINISTRATOR
125 NORTH DIVISION STREET SALISBURY, MARYLAND 21801
Tel: 410-548-3190 Fax: 410-548-3192
MARYLAND
3. OntheFinancialDisclosureForm,changeScheduleFdisclosure(indebtednesstoentitiesdoingbusinesswiththeCity)toindebtednesstoentitiesdoingbusinesswithorregulatedbytheindividual’sgovernmentalunit.
4. EffectiveJanuary1,2019,CityEthicsCommissionmayprovideInternetaccess,throughanonlineregistrationprogram,tofinancialdisclosurestatementssubmittedbyCityofficials,candidatesforofficeasCityofficialsandaheadofaprincipaldepartmentoftheexecutiveoffice.
5. CodifydisclosurerequirementsforlobbyistswhoserveonCityboardsandcommissions.Alsocodifyarequirementforsuchalobbyistwhoisdisqualifiedfromparticipatinginaspecificmattertofileastatementofrecusalwiththeboardorcommission.Thisprovisionrequireslobbyistswhoserveonlocalboardstosubmitdisclosureformsthatmirrortheformsforlocalelectedofficials.
1
ORDINANCE NO. ____________ 1
2
AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND, TO 3
AMEND CHAPTER 2.04.040, SUBSECTIONS (c), (e) & (g) – ETHICS – 4
CONFLICTS OF INTEREST, CHAPTER 2.04.050, SUBSECTION (g)(5)(i) – 5
FINANCIAL DISCLOSURE – LOCAL ELECTED OFFICIALS AND 6
CANDIDATES TO BE LOCAL ELECTED OFFICIALS, AND CHAPTER 7
2.04.060, SUBSECTION D – FINANCIAL DISCLOSURE – EMPLOYEES 8
AND APPOINTED OFFICIALS - TO COMPLY WITH SUBTITLE 8 OF THE 9
MARYLAND PUBLIC ETHICS LAW REQUIREMENTS FOR ETHICS 10
LEGISLATION RELATING TO THE CONFLICTS OF INTEREST, 11
FINANCIAL DISCLOSURE, AND LOBBYING. 12
13
WHEREAS, Maryland Law requires certain provisions in the Ethics Code of Maryland 14
Municipalities and Counties; and 15
16
WHEREAS, the State of Maryland made changes to the Public Ethics Law which took 17
effect on October 1, 2017; and 18
19
WHEREAS, some of these changes require the City to amend Chapter 2.04 of the 20
Salisbury Municipal Code. 21
22
NOW, THEREFORE, be it enacted and ordained by the Council of City of the Salisbury, 23
Maryland, that Chapter 2.04, section .040 (c), (e) & (g), section .050 (g)(5)(i), and section .060 24
D, be amended as follows: 25
26
CHAPTER 2.04 - ETHICS 27
28
2.04.040 - Conflicts of Interest. 29
30
(c) Participation prohibitions. Except as permitted by Ccommission regulation or 31
opinion, an official or employee may not participate in: 32
33
(1) Except in the exercise of an administrative or ministerial duty that does not 34
affect the disposition or decision of the matter, any matter in which, to the 35
knowledge of the official or employee, or a qualified relative of the official or 36
employee has an interest. 37
38
2
(2) Except in the exercise of an administrative or ministerial duty that does not 39
affect the disposition or decision with respect to the matter, any matter, in which 40
any of the following is a party: 41
42
(i) A business entity in which the official or employee has a direct 43
financial interest of which the official or employee may reasonably be 44
expected to know; 45
46
(ii) A business entity for which the official, employee, or a qualified 47
relative of the official or employee is an officer, director, trustee, partner 48
or employee; 49
50
(iii) A business entity with which the official or employee or, to the 51
knowledge of the official or employee, a qualified relative is negotiating 52
employment or has any arrangement concerning prospective employment; 53
54
(iv) If the contract reasonably could be expected to result in a conflict 55
between the private interests of the official or employee and the official 56
duties of the official or employee, a business entity that is a party to an 57
existing contract with the official or employee, or which, to the knowledge 58
of the official or employee, is a party to a contract with a qualified 59
relative; 60
61
(v) An entity, doing business with the City, in which a direct financial 62
interest is owned by another entity in which the official or employee has a 63
direct financial interest, if the official or employee may be reasonably 64
expected to know of both direct financial interest; or 65
66
(vi) A business entity that: 67
68
(A) The official or employee knows is a creditor or obligee of the 69
official or employee or a qualified relative of the official or 70
employee with respect to a thing of economic value; and 71
72
(B) As a creditor or obligee, is in a position to directly and 73
substantially affect the interest of the official or employee or a 74
qualified relative of the official or employee. 75
3
76
(3) A case, contract or other specific matter for one (1) calendar year after 77
terminating their registration if they previously assisted or represented another 78
party as a lobbyist in the matter. This provision does not apply to uncompensated 79
or minimally compensated board or commission members. 80
81
(3)(4) A person who is disqualified from participating under paragraphs 1 or 2 of 82
this subsection shall disclose the nature and circumstances of the conflict and may 83
participate or act if: 84
85
(i) The disqualification leaves a body with less than a quorum capable of 86
acting; 87
88
(ii) The disqualified official or employee is required by law to act; or 89
90
(iii) The disqualified official or employee is the only person authorized to 91
act. 92
93
(4)(5) The prohibitions of paragraph 1 and 2 of this subsection do not apply if 94
participation is allowed by regulation or opinion of the Commission. 95
96
(g) Use of prestige of office. * This may be changed – it is recommended by the state but 97
not required. 98
(1) An official or employee may not intentionally use the prestige of the office or 99
public position for the private gain of that official or employee or the private gain 100
of another. The prohibitions of this section include, but are not limited to: 101
102
(i) the use of influence in the award of a City contract to a specific person 103
or entity; 104
105
(ii) initiating a solicitation for a person to retain the compensated services 106
of a particular lobbyist or firm; 107
108
(iii) using public resources or title to solicit a political contribution 109
regulated in accordance with the Election Law Article of the Annotated 110
Code of Maryland. 111
112
4
(2) This subsection does not prohibit performance of usual and customary 113
constituent services by an elected local official without additional compensation. 114
115
2.04.050 – Financial disclosure – Local elected officials and candidates to be local elected 116
officials. 117
118
(g) Contents of Statement. 119
120
(5) Employment With or Interests in Entities Doing Business With City. 121
122
(i) A statement filed under this section shall include a schedule of all 123
offices, directorships, and salaried compensated employment by the 124
individual or member of the immediate family of the individual held at 125
any time during the reporting period with entities doing business with the 126
city. All statements filed under this section shall disclose whether the 127
individual or the individual’s spouse is a lobbyist required to register, and, 128
if so, they shall identify the entities that engage the lobbyist. 129
130
(ii) For each position reported under this paragraph, the schedule shall 131
include: 132
(A) The name and address of the principal office of the business 133
entity; 134
135
(B) The title and nature of the office, directorship, or salaried 136
compensated employment held and the date it commenced; and 137
138
(C) The name of each city agency with which the entity is 139
involved. 140
141
2.04.060 – Financial disclosure – Employees and appointed officials. 142
143
D. An official or employee shall disclose employment and interests that raise conflicts of 144
interest or potential conflicts of interest in connection with a specific proposed action by 145
the employee or official sufficiently in advance of the action to provide adequate 146
disclosure to the public. Officials and employees shall disclose, in all statements filed 147
hereunder, whether they or their spouse is a lobbyist required to register and, if so, they 148
shall identify the entities that engage the lobbyist. 149
5
150
AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE 151
CITY OF SALISBURY, MARYLAND, that the Ordinance shall take effect upon final passage. 152
153
THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 154
Salisbury held on the ______ day of ____________, 2018 and thereafter, a statement of the 155
substance of the ordinance having been published as required by law, in the meantime, was 156
finally passed by the Council on the ___ day of _____________, 2018. 157
158
159
ATTEST: 160
161
_________________________ _________________________ 162
Kimberly R. Nichols, City Clerk John R. Heath, City Council President 163
164
165
Approved by me, this ____day of ______________, 2018. 166
167
__________________________ 168
Jacob R. Day, Mayor 169