CITY OF SALISBURY...2018/07/07 · June 18, 2018 Work Session 1 | Page 1 CITY OF SALISBURY 2 WORK...

CITY OF SALISBURY

CITY COUNCIL AGENDA

July 23, 2018 6:00 p.m. Government Office Building Room 301

Times shown for agenda items are estimates only.

6:00 p.m. CALL TO ORDER

6:01 p.m. WELCOME/ANNOUNCEMENTS

6:02 p.m. CITY INVOCATION – Reverend Thomas E. Tucker of St. Paul AME Zion Church

6:04 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 6:05 p.m. Presentation – City Administrator Julia Glanz 6:08 p.m. ADOPTION OF LEGISLATIVE AGENDA 6:10 p.m. CONSENT AGENDA – City Clerk Kimberly Nichols June 18, 2018 Work Session Minutes

June 25, 2018 Regular Meeting Minutes July 2, 2018 Work Session Minutes July 9, 2018 Regular Meeting Minutes

Resolution No. 2853 ‐ accepting subgranted funds from the Wicomico Health Department for the SWIFT Program

Resolution No. 2854 – approving the appointment of Joseph Anderson to the Parks and Recreation Committee for term ending July 2021

6:13 p.m. RESOLUTION – City Administrator Julia Glanz

Resolution No. 2851 ‐ pursuant to Salisbury Charter Provision 14‐1, et seq., determining that repairs to the stormwater management system within the Eireann Mhor Subdivision confers special benefits upon that subdivision and its owners and determining that a special assessment is appropriate under the circumstances

Resolution No. 2852 ‐ making a declaration of official intent regarding reimbursing from proceeds of a future borrowing project expenditures made in connection with certain projects

6:20 p.m. PUBLIC HEARING‐ ORDINANCE NO. 2492‐ ORDINANCE PERMIT for La Petite Scholars, LLC –

City Attorney Mark Tilghman

• Ordinance No. 2492‐ PUBLIC HEARING/2nd reading ‐ to authorize Branté Dashiell/La

Petite Scholars, LLC to operate a day care center at 224 Phillip Morris Drive in a Light

Business and Institutional District as required by Section 17.28.040B of the Salisbury

Municipal Code

6:23 p.m. ORDINANCES ‐ City Attorney Mark Tilghman

Ordinance No. 2495 – 2nd reading ‐ amending Chapter 13‐ Public Services, of the Salisbury Municipal Code by adding Chapter 13.32‐ Illicit Discharges, to add provisions related to prohibited discharges and illicit connections into the municipal separate storm sewer system and for enforcement to establish compliance with those regulations

Ordinance No. 2496 – 1st reading ‐ to establish the Eireann Mhor subdivision as a Special Assessment District for the purpose of financing the cost of stormwater management system repairs by assessing each lot owner the sum of $158.00, collectable in one installment on the real property tax bill

Ordinance No. 2497 – 1st reading – authorizing the City of Salisbury to issue general obligation bonds in an original aggregate principal amount not to exceed $120,000 for the Sewer Extension‐ Mt. Hermon Road project

Ordinance No. 2498 – 1st reading ‐ authorizing the City of Salisbury to issue general obligation bonds in an original aggregate principal amount not to exceed $500,000 for the City Service Center Comprehensive Environmental Site Design project

6:38 p.m. PUBLIC COMMENTS 6:48 p.m. ADJOURNMENT

Copies of the agenda items are available for review in the City Clerk’s Office, Room 305 – City/County Government Office Building, 410‐548‐3140 or on the City’s website www.salisbury.md. City Council meetings are conducted in open session unless otherwise indicated. All or part of the Council’s meetings can be held in Closed Session under the authority of the Maryland Open Meetings Law, Annotated Code of Maryland General Provisions Article § 3‐305(b), by vote of the City Council.

Next Council Meeting – August 13, 2018

Res. No. __‐ Delmarva Power “Energy Efficient Communities” MOU

Ordinance No. 2496‐PUBLIC HEARING/2nd reading ‐ to establish the Eireann Mhor subdivision as a Special Assessment District for the purpose of financing the cost of stormwater management system repairs by assessing each lot owner the sum of $158.00, collectable in one installment on the real property tax bill

Ordinance No. 2497‐ 2nd reading – authorizing the City of Salisbury to issue general obligation bonds in an original aggregate principal amount not to exceed $120,000 for the Sewer Extension‐ Mt. Hermon Road project

Ordinance No. 2498‐ 2nd reading ‐ authorizing the City of Salisbury to issue general obligation bonds in an original aggregate principal amount not to exceed $500,000 for the City Service Center Comprehensive Environmental Site Design project

Posted: 7/19/18

June 18, 2018 Work Session 1 | P a g e

CITY OF SALISBURY 1

WORK SESSION 2

JUNE 18, 2018 3

4

Public Officials Present 5 6

Council President John R. Heath Council Vice-President Muir Boda 7

Councilwoman April Jackson 8

Public Officials Not Present 9

10

Mayor Jacob R. Day 11

Councilman James Ireton, Jr. 12

Councilman R. Hardy Rudasill 13

14

In Attendance 15 16

City Administrator Julia Glanz, Deputy City Administrator Andy Kitzrow, Infrastructure and 17

Development Director Amanda Pollack, Infrastructure and Development Permits and Inspections 18

manager Bill Holland, City Attorney Mark Tilghman, City Clerk Kimberly Nichols, and 19

interested citizens. 20

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On June 18, 2018 the Salisbury City Council convened in Work Session at 4:33 p.m. in 22

Council Chambers, Room 301 of the Government Office Building. The following is a synopsis 23

of the topics discussed. 24

25

Letter of Support for Habitat for Humanity of Wicomico County Inc.’s. Application to 26

DHCD for their CITC program. 27 28

Holly Hilligoss, Executive Director of Habitat for Humanity of Wicomico County, Inc. joined 29

Council to discuss the application to the Department of Housing and Community Development 30

for their Community Investment Tax Credit Program and letter of support from the City of 31

Salisbury. She said the letter of support did not require financial support from the City, and 32

reported Habitat for Humanity planned to develop homes on 15 lots in the next three (3) years. 33

She explained the Community Investment Tax Credit program allows for donors of $500 or more 34

to Habitat to receive half of their donation as a Maryland Tax Credit, thus paying less in 35

Maryland taxes. The donors can carry that credit forward three (3) years. Ms. Hilligoss said 36

Habitat would focus on the lots at 704 S Westover, 504 Tangier Street, and Grace Street. 37

38

Council reached unanimous consensus to move forward with the letter of support. 39

40

North Salisbury Boulevard/PennTex Annexation 41 42

Joining Council were Infrastructure and Development Permits and Inspections Manager Bill 43

Holland and PennTex Ventures Executive Vice President Ted Donald to introduce the North 44

Salisbury Blvd/PennTex Annexation. 45

46

June 18, 2018 Work Session 2 | P a g e

Mr. Donald reported the Aldi grocer located on the parcel annexed last year would be ready to 47

open in October 2018. The group discovered more demand on the location for retail space. Two 48

restaurants are being planned, one of which will be fine dining. The company has signed letters 49

of intent for both of the tenants, and they would be located beside Aldi’s. 50

51

Vice-President Boda asked if sidewalks would be installed for pedestrian activity leading to the 52

restaurants. Mr. Donald said they would be connected somewhere, but was not sure if it would 53

be in front or somewhere else. The more customers that could easily access the site, the better. 54

55

President Heath asked if State Highway (SHA) had any comments, and Mr. Donald reported they 56

were working with SHA to tweak the entrance to determine exactly where it should be. 57

58

Ms. Jackson asked about the truck loading and Mr. Heath responded that Aldi resolved the issue. 59

60

President Heath said the next step would be to take the annexation to the Planning Commission, 61

and it would then return to City Council. 62

63

Council reached unanimous consensus to advance to the Planning Commission. 64

65

Council Discussion 66 67

Ms. Jackson had a concern to discuss, and she and President Heath stepped outside the room to 68

decide whether it should be heard in Closed Session. They returned and reported it would be 69

discussed at the next Work Session. 70

71

Adjournment 72 73

With nothing further to discuss, the Work Session adjourned at 4:46 p.m. 74

75

____________________________________ 76

City Clerk 77

78

_____________________________________ 79

Council President 80

June 25, 2018 Legislative Session Approved: 1 | P a g e

CITY OF SALISBURY, MARYLAND 1 2 REGULAR MEETING JUNE 25, 2018 3 4

PUBLIC OFFICIALS PRESENT 5 6 Council President John “Jack” R. Heath Mayor Jacob R. Day 7

Council Vice-President Muir Boda Councilwoman April Jackson 8

Councilman R. Hardy Rudasill 9 10

PUBLIC OFFICIALS NOT PRESENT 11 12

Councilman James Ireton, Jr. 13 14

IN ATTENDANCE 15 16 City Administrator Julia Glanz, Deputy City Administrators Alison Pulcher and Andy Kitzrow, 17

Fire Chief Rick Hoppes, Deputy Fire Chief John Tull, Fire Department personnel and officers, 18

Infrastructure and Development Director Amanda Pollack, Procurement Director Jennifer 19

Miller, City Clerk Kim Nichols, City Attorney Mark Tilghman, citizens and members of the press. 20

****************************************************************************** 21

CITY INVOCATION – PLEDGE OF ALLEGIANCE 22 23 The City Council met in regular session at 6:04 p.m. in Council Chambers. Council President 24

John R. Heath called the meeting to order and invited Reverend Thomas E. Tucker of the St. 25

Paul AME Zion Church to the podium to deliver the City Invocation. Thereafter, everyone 26

recited the Pledge of Allegiance to the flag of the United States of America. 27 28 SWEARING IN OF NEW SALISBURY FIRE CHIEF JOHN W. TULL 29 30 President Heath invited Chief John W. Tull forward to the podium to be sworn in by Clerk of the 31

Circuit Court Mark Bowen. After Chief Tull signed the Oath of Office, Mayor Day joined him at 32

the podium, congratulated and welcomed him. 33 34 Several photos were taken with Chief Tull’s family, City Council and Mayor, and City employees 35

to commemorate the special occasion. 36 37 ADOPTION OF LEGISLATIVE AGENDA 38 39 Ms. Jackson moved, Mr. Rudasill seconded, and the vote was unanimous (4-0) to approve the 40

legislative agenda as presented. 41 42 CONSENT AGENDA – presented by City Clerk Kim Nichols 43 44 The Consent Agenda, consisting of the following items, was unanimously approved (4-0 vote) on 45

a motion and seconded by Mr. Rudasill and Mr. Boda, respectively: 46 47

May 7, 2018 Work Session Minutes May 14, 2018 Council Meeting Minutes


May 21, 2018 Work Session Minutes May 29, 2018 Council Meeting Minutes May 29, 2018 Closed Session Minutes (separate envelope) Resolution No. 2844 – to approve the construction or rehabilitation project of a minimum

of four homes in the Greater Church Street Neighborhood to be sold to low or very low income families by Habitat for Humanity of Wicomico County, Inc. over the next two years

Resolution No. 2845 – accepting a donation from “Operation We Care” in the amount of $250.00 to be used toward the establishment of a Salisbury Police Department Explorers Post

Resolution No. 2846 – authorizing the Mayor to enter into a contract with MD Environmental Trust to accept grant funds in the amount of $5,000.00

Resolution No. 2847 - to purchase improved real property, located at 503 W. Isabella Street, from GNI, LLC for use by the Department of Field Operations

48 AWARD OF BIDS – presented by Procurement Director Jennifer Miller 49 50 The Award of Bids, consisting of the following items, was unanimously approved (4-0) on a 51

motion by Ms. Jackson that was seconded by Mr. Rudasill: 52 53

• ITB 125-18, MDT Equipment & Installation $142,985.00 54

ITB A-05-17, Change Order #4, Street Improvements- $ 69,200.00 55

Curb, Gutter & Sidewalk 56

ITB A-05-17, Change Order #5, Street Improvements- $ 10,489.21 57

Curb, Gutter & Sidewalk 58

Declaration of Surplus, Parking Lot 16 & the Salisbury Green $ 0.00 59

Declaration of Surplus, SPD: Bicycles $ 0.00 60 61 RESOLUTIONS – presented by City Administrator Julia Glanz 62 63

Resolution No. 2848 – to surplus the City-owned property known as Parking Lot #16 and 64

for the purpose of accepting the submission of RFP 15-17 Bid from Davis Simpson 65

Holdings, LLC for the redevelopment of Parking Lot #16 66 67

Ms. Jackson moved and Mr. Boda seconded to approve Resolution No. 2848. 68 69 Ms. Jackson moved to amend Resolution No. 2848 by striking “the Salisbury Green” and 70

inserting “Parking Lot #16” on Line 28. Mr. Boda seconded, and the amendment was 71

unanimously passed. 72 73 Resolution No. 2848 was passed by unanimous vote in favor (4-0). 74 75

Resolution No. 2849 – to surplus the City-owned property known as the Salisbury Green 76

and for the purpose of accepting the submission of RFP 15-17 Bid from R. Miller 77

Properties, LLC for the redevelopment of the Salisbury Green 78 79

Mr. Boda moved, Mr. Rudasill seconded, and the vote was unanimous (4-0) to approve 80

Resolution No. 2849. 81 82


ORDINANCES – presented by City Attorney Mark Tilghman 83 84

Ordinance No. 2489- 2nd reading- to amend the language of Chapter 2.32 Purchase 85

and Sales of the Salisbury Municipal Code to increase the threshold for minor, non-86

recurring purchases 87 88

Mr. Rudasill moved, Ms. Jackson seconded, and the vote was unanimous (4-0) to approve 89

Ordinance No. 2489 for second reading. 90 91

Ordinance No. 2490- 2nd reading- approving a budget amendment of the FY2018 General 92

Fund to appropriate funds for attorney fees 93 94

Mr. Rudasill moved, Mr. Boda seconded, and the vote was unanimous (4-0) to approve 95


Ordinance No. 2491- 1st reading- for the closing of a portion of South Division Street 98

at Center Street, South Division Street at Washington Street, and a portion of Mitchell Street 99

at South Salisbury Boulevard 100 101

Ms. Jackson moved, Mr. Boda seconded, and the vote was unanimous (4-0) to approve 102

Ordinance No. 2491 for first reading. 103 104

Ordinance No. 2492- 1st reading- to authorize Brante’ Dashiell/La Petite Scholars, LLC to 105

operate a day care center at 224 Phillip Morris Drive in a Light Business and Institutional 106

District as required by Section 17.28.040B of the Salisbury Municipal Code 107 108

Ms. Jackson moved, Mr. Rudasill seconded, and the vote was unanimous (4-0) to approve 109


Ordinance No. 2493- 1st reading - approving a budget amendment of the FY18 General 112

Fund Budget to appropriate the funds returned on contract 113 114

Mr. Rudasill moved, Mr. Boda seconded, and the vote was unanimous (4-0) to approve 115


Ordinance No. 2494- 1st reading - to amend the Salisbury Municipal Code by adding 118

Paragraph D to Section 10.32.030 – Motor Trucks and Commercial Vehicles to establish 119

fines for violations of the overnight commercial parking limits in the code 120 121

Ms. Jackson moved, Mr. Rudasill seconded, and the vote was unanimous (4-0) to approve 122


ADJOURNMENT 125 126 No public comments were received, and with no further business to discuss, the Legislative Session 127

was adjourned at 6:53 p.m. 128

129 130


CITY OF SALISBURY, MARYLAND 131

CLOSED SESSION 132

June 4, 2018 133 134 TIME & PLACE: 5:10 p.m., Government Office Building – Room 301 135

PURPOSE: To discuss the appointment, employment, assignment, 136

promotion, discipline, demotion, compensation, 137

removal, resignation, or performance evaluation of 138

appointees, employees, or officials over whom this 139

public body has jurisdiction; or any personnel matter 140

that affects one or more specific individuals; 141

VOTE TO CLOSE: Unanimous (4-0) 142

CITATION: Annotated Code of Maryland §3-305(b)(1) 143

PRESENT: Council President John R. Heath, Mayor Jacob R. Day 144

and City Administrator Julia Glanz (both via 145

teleconference), Council Vice-President Muir Boda, 146

Councilman James Ireton, Jr., Councilman R. Hardy 147

Rudasill, Deputy City Administrators Alison 148

Pulcher and Andy Kitzrow, Deputy Fire Chief John 149

Tull, City Attorney Mark Tilghman, and City 150

Clerk Kimberly Nichols 151

ABSENT: Councilwoman April Jackson 152

***************************************************************************** 153

The City Council convened in a Special Meeting in Room 301 in the Government Office Building at 154

4:34 p.m., followed by the regularly scheduled Work Session which began at 4:55 p.m. At 5:10 p.m., 155

Mr. Boda moved, Mr. Ireton seconded, and the vote was unanimous to convene in Closed Session to 156

discuss the promotion of a City employee as permitted in accordance with the Annotated Code of 157

Maryland §3-305(b)(1). 158 159 Mayor Day and City Administrator Glanz were called to participate via teleconference. The City 160

employee was interviewed by Council, who reached unanimous consensus to consent to the Mayor’s 161

recommendation to appoint the employee to the new position. 162 163 With no further business to discuss, at 5:45 p.m. the Closed Session adjourned on a motion by Mr. 164

Rudasill, which was seconded by Mr. Ireton and approved by unanimous vote (4-0) in favor. 165

Council immediately convened in Open Session whereby President Heath reported that Council had 166

met in Closed Session to discuss a City employee’s appointment to a new position. 167 168 The Open Session adjourned at 5:46 p.m. 169 170 _______________________________ 171

City Clerk 172 173 _______________________________ 174 Council President 175

July 2, 2018 Work Session 1 | P a g e

CITY OF SALISBURY 1

WORK SESSION 2

JULY 2, 2018 3

4

Public Officials Present 5 6

Council President John R. Heath (via teleconference) Mayor Jacob R. Day 7

Vice-President Muir Boda Councilman James Ireton, Jr. 8

Councilwoman April Jackson Councilman R. Hardy Rudasill 9

10

In Attendance 11 12

City Administrator Julia Glanz, Deputy City Administrators Alison Pulcher and Andy Kitzrow, 13

Infrastructure and Development Director Amanda Pollack, Assistant Director of Finance-14

Operations Olga Butar, Infrastructure and Development Permits and Inspections Manager Bill 15

Holland, Infrastructure and Development Project Engineer Charles Kulp, City Attorney Mark 16

Tilghman, City Clerk Kimberly Nichols, and interested citizens. 17

--------------------------------------------------------------------------------------------------------------------- 18

On July 2, 2018 the Salisbury City Council convened in Work Session at 4:30 p.m. in Council 19

Chambers, Room 301 of the Government Office Building. Council President John R. Heath 20

joined Council via teleconference, and Council Vice-President Muir Boda presided over the 21

Work Session. The following is a synopsis of the topics discussed. 22

23

John Deere Drive at Rt. 50 East/Hobbs Road Annexation - Introduction 24 25

Infrastructure and Development Permits and Inspections Manager Bill Holland and Parker and 26

Associates, Inc. Vice President Brock Parker (representing the petitioner, DMS Development) 27

joined Council. Mr. Holland explained the property to be annexed, totaling 2.55 acres, was on 28

the corner of Rt. 50 and Hobbs Road and consisted of two parcels- Lot 11 and Lot 12. Both 29

parcels were unimproved, and a Wawa Convenience store was planned for the property. 30

31

Mr. Parker reviewed the proposal of the store, which would be 5,000 square feet with gas pumps 32

and parking. He said the property is under the terms of a pre-annexation agreement already, and 33

they proposed connecting to the water and sewer lines that extended to Wor-Wic Community 34

College. He said there was an agreement with the Shorebirds Stadium to enhance their frontages 35

with new signage. Mr. Parker’s clients looked forward to beginning construction once annexed. 36

37

Mr. Boda asked if John Deer Drive was a County Road, and Mr. Parker replied it was a State 38

maintained access road. Infrastructure and Development Director Amanda Pollack said it would 39

remain State maintained after being annexed. 40

41

Council reached unanimous consensus to the annexation, which would be scheduled for 42

presentation at the August Planning Commission to be re-zoned. 43

44

Eireann Mhor Special Assessment 45

46


Ms. Pollack reported the Eireann Mhor neighborhood had flooded during the large rain events of 47

the past two years. During a routine inspection performed November 2016, the City noted some 48

violations and maintenance needs. Notice was sent to the Home Owner’s Association (HOA) and 49

the City spoke with them early the following year. The HOA petitioned the City for help in 50

performing some of the issues. In accordance with the City Code, the City has the ability to 51

perform maintenance and charge a special tax assessment to be reimbursed for the maintenance. 52

53

She said the City calculated quotes, worked on scope of work, and were in constant 54

communication with the HOA. The first time the work was bid in August 2017, it came over 55

budget of what the HOA could spend. In speaking with the contractor, some of the work was 56

phased, and the first phase would have good maintenance implementation and show benefits to 57

them, but is not a full scope of that needs to be done. It was re-bid in April 2018, and the low bid 58

was still higher than their budget. The City negotiated with the low bidder on the scope of work 59

to get it into the price range the HOA needed. The first phase would cost about $24,000, which is 60

$158 per each of the 152 properties. A special tax assessment could be assessed one time for one 61

year for each of the properties to reimbursing the City. Ms. Pollack said the process required a 62

Public Hearing, and if the special assessment moves forward, all of the property owners would 63

receive a notice informing them of the Public Hearing. She said this first phase would get the 64

HOA started in the maintenance needed, and hoped the HOA to continue on its own afterwards. 65

66

Mr. Boda was concerned about the liability since the City was overseeing the work. Ms. Pollack 67

said it would be the City’s contractor since the City would be hiring them. It would fall under our 68

typical contract specs with insurance all being with the City. 69

70

Ms. Pollack said the money would come out of the City’s Stormwater Utility Construction 71

account and be reimbursed through the taxes. Council was concerned if this was approved, other 72

HOAs would expect it, too. Council stressed that the message be sent to all HOAs that the City 73

cannot shoulder the burden and to make sure they collect the funds necessary to cover projects. 74

75

Mr. Ireton asked what was received from the HOA indicating they agreed, and when one owner 76

does not pay, asked who was on the hook. Ms. Pollack said they had a document from the HOA 77

board, and would send out individual notification letters. Mayor Day said the lien against the 78

property would reimburse the City should they not pay. 79

80

Council reached unanimous consensus to move forward with the Special Assessment. 81

82

Illicit Discharge Detection and Elimination Policy (IDDE) 83

84 Ms. Pollack reported IDDE was part of the City’s overall Stormwater MS4 Permit, which is the 85

Municipal Separate Storm Sewer System permit through the State of Maryland. This year, the 86

new MS4 Permits have been issued. The IDDE program has always been part of the permit, but 87

now specifically the permit states that the City needs to adopt an ordinance or other regulatory 88

means that prohibits illicit discharges into the storm drains. She discussed the fact sheet included 89

in the Work Session packet, which was also posted on the City website. The permit requires that 90

the City establish a legal means for gaining access to a property when there is reason to think an 91

illicit discharge has occurred. 92


93

After Ms. Pollack discussed with Council the legal and illegal discharges in detail, Council 94

reached unanimous consensus to advance the legislation to the next legislative agenda. 95

96

Westside Truck Traffic Discussion 97 98

Ms. Jackson reported receiving complaints from numerous residents of West Main Street and 99

Parsons Road about tractor-trailers coming through the community to the point where they have 100

torn down wire from houses and blocked the roads. She said the Outten Brothers warehouse big 101

trucks block traffic on Parsons Road and they are impossible to get around. The narrow West 102

Main Street has large potholes because of the trucks and weather. She has received phone calls 103

reporting trucks have were speeding and people’s homes actually shake. She wished to block the 104

trucks from coming through, particularly West Main Street. She said that Outten Brothers was a 105

business warehouse, and nothing could likely be done, but she did want to address West Main 106

Street. The Cato Oil trucks did not pose a problem because they drive straight through. The 107

problems lie with the trucks that stop, forcing traffic to stop or risk going around them. 108

109

Mayor Day thought it would be beneficial to do a traffic study on West Main Street, and 110

wondered if the City could steer trucks, based on the number of axles, away from City streets. 111

More discussion on the subject would be scheduled after the study was conducted. 112

113

Adjournment 114 115

Mr. Boda and Council wished Mayor Day a very happy birthday on July 3, and with nothing 116

further to discuss, the Work Session adjourned at 5:05 p.m. 117

118

____________________________________ 119

City Clerk 120

121

_____________________________________ 122

Council President 123

July 9, 2018 Legislative Session Approved: 1 | P a g e

CITY OF SALISBURY, MARYLAND 1 2 REGULAR MEETING JULY 9, 2018 3 4

PUBLIC OFFICIALS PRESENT 5 6 Council President John “Jack” R. Heath Mayor Jacob R. Day 7

Council Vice-President Muir Boda Councilwoman April Jackson 8

Councilman James Ireton, Jr. Councilman R. Hardy Rudasill 9 10

IN ATTENDANCE 11 12 City Administrator Julia Glanz, Deputy City Administrators Alison Pulcher and Andy Kitzrow, 13

Infrastructure and Development Director Amanda Pollack, Procurement Director Jennifer 14

Miller, City Clerk Kim Nichols, City Attorney Mark Tilghman, citizens and members of the press. 15

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CITY INVOCATION – PLEDGE OF ALLEGIANCE 17 18 The City Council met in regular session at 6:00 p.m. in Council Chambers. Council President 19

John R. Heath called the meeting to order and invited Pastor Greg Morris of the Parkway 20

Church of God to the podium to deliver the City Invocation. Thereafter, everyone recited the 21

Pledge of Allegiance to the flag of the United States of America. 22 23 ADOPTION OF LEGISLATIVE AGENDA 24 25 Mr. Boda moved, Mr. Ireton seconded, and the vote was unanimous to approve the legislative 26

agenda as presented. 27 28 CONSENT AGENDA – presented by City Clerk Kim Nichols 29 30 The Consent Agenda, consisting of the following items, was unanimously approved on a motion 31

and seconded by Ms. Jackson and Mr. Rudasill, respectively: 32 33

June 4, 2018 Special Meeting Minutes June 4, 2018 Work Session Minutes June 4, 2018 Closed Session Minutes

34 RESOLUTION – presented by Mayor Jacob R. Day 35

36

Resolution No. 2850 - declaring support for a kinder world for our children to inherit 37

38

Mr. Boda moved, Mr. Ireton seconded, and the vote was unanimous to approve 39

Resolution No. 2850. 40

41

Mayor Day presented the resolution of support for a kinder world and remarked that the 42

City of Salisbury pledged support to World Kindness USA in all of its ambitious 43

endeavors to encourage everyone to seek kinder options in the resolution of all matters. 44

45


Mayor Day then invited Michael Lloyd-White of Australia, Chief Advisor to the Board of 46

World Kindness USA, and Grace Murdock to the podium to witness the Council’s signing 47

of the resolution. With the surprise presentation of a certificate to Ms. Murdock, Mayor 48

Day designated her as “Secretary of Kindness” for the City of Salisbury, thanked and 49

complimented her on her goal to spread kindness. 50

51

Secretary Murdock said she was proud of Salisbury and its citizenry for supporting this 52

endeavor and Mayor Day for taking up the cause. She said she hopes kindness can go 53

everywhere we can reach. 54

55

Ms. Murdock then introduced Mr. Michael Lloyd-White, Chief Advisor to the Board of 56

World Kindness USA. He shared that the cultural problems in Australia were the same as 57

in the United States, and noted one of his first challenges was the misconception of what 58

kindness is. It has been mistaken for weakness and being gender specific, and in some 59

cases quite possibly inconvenient. He provided the history of the inception of World 60

Kindness, beginning with Japan in the 1960’s. Mr. Lloyd-White said there were people in 61

Salisbury able to inspire kindness throughout the entire world, and was grateful that his 62

journey brought him to Salisbury. 63

64

Mayor Day presented gifts of Salisbury gear to Michael Lloyd-White and then several 65

photos were taken to commemorate his visit. 66

67

AWARD OF BIDS – presented by Procurement Director Jennifer Miller 68 69 The Award of Bids, consisting of the following items, was unanimously approved on a motion by 70

Mr. Ireton that was seconded by Ms. Jackson: 71 72

• ITB A-09-18, Site Furnishings $125,000.00 (FY19 Estimate) 73

• ITB A-08-18 Wastewater Treatment Facility Polymer $108,146.00 (FY19 Estimate) 74

Chemical Supplier 75

• ITB A-06-18 Pump Station Wet Well Cleaning $ 51,180.00 (FY19) 76

• RFP 04-11, Change Order #5, Engineering Services for $ 14,800.00 77

Fitzwater Street Lift Station 78

• ITB 101-18, Change Order #1, CDBG Neighborhood $ 8,725.55 79

Sidewalk Construction 80 81 ORDINANCES – presented by City Attorney Mark Tilghman 82 83

Ordinance No. 2491- 2nd reading- for the closing of a portion of South Division Street 84

at Center Street, South Division Street at Washington Street, and a portion of Mitchell Street 85

at South Salisbury Boulevard 86 87

Mr. Boda moved, Mr. Ireton seconded, and the vote was unanimous to approve 88


Ordinance No. 2493- 2nd reading - approving a budget amendment of the FY18 General 91

Fund Budget to appropriate the funds returned on contract 92


93 Ms. Jackson moved, Mr. Ireton seconded, and the vote was unanimous to approve 94


Ordinance No. 2494- 2nd reading - to amend the Salisbury Municipal Code by adding 97

Paragraph D to Section 10.32.030 – Motor Trucks and Commercial Vehicles to establish 98

fines for violations of the overnight commercial parking limits in the code 99 100

Mr. Boda moved, Ms. Jackson seconded, and the vote was unanimous to approve Ordinance 101

No. 2494 for second reading. 102

103

• Ordinance No. 2495 – 1st reading - amending Chapter 13- Public Services, of the Salisbury 104

Municipal Code by adding Chapter 13.32- Illicit Discharges, to add provisions related to 105

prohibited discharges and illicit connections into the municipal separate storm sewer system 106

and for enforcement to establish compliance with those regulations 107

108

Ms. Jackson moved, Mr. Ireton seconded, and the vote was unanimous to approve 109


ADJOURNMENT 112 113 As there were no public comments received and with no further business to discuss, the Legislative 114

Session was adjourned at 7:04 p.m. 115

116

_______________________________ 117

City Clerk 118 119 _______________________________ 120 Council President 121

MEMORANDUM

To: The Mayor & City Council

From: Nancy Talbott, Grants Specialist

Subject: FY19 MCHRC Grant for the SFD’s SWIFT program

Date: July 18, 2018

The Wicomico County Health Department, in conjunction with its partners, the Salisbury Fire

Department and Peninsula Regional Medical Center, has created the Salisbury Wicomico

Firstcare Team (SWIFT) utilizing the successful Mobile Integrated Health – Community

Paramedicine model. SWIFT consists of a SFD emergency medical technician, a WiCHD nurse

practitioner, and a PRMC registered nurse. This team will make home visits to frequent utilizers

of 911 EMS for non‐emergency reasons. Without SWIFT, these individuals’ subsequent

transportation to PRMC would further overburden the emergency department and may lead to

avoidable hospitalizations. This strain on resources not only inhibits these entities’ ability to serve

their truly emergent patients, but also expends limited financial resources. By proactively

addressing the needs of these patients, be that a lack of a primary care physician, unsafe living

conditions, or abuse and neglect, the SWFIT can both improve the health outcomes of their

patients and decrease their use of these emergency services.

In conjunction with the City of Salisbury, the Wicomico Health Department applied for an award

to the Maryland Community Health Resources Commission to fund this program for two years.

Out of the total award of 90,000, the City will be receiving $50,000 as a sub‐grantee of the health

department to pay for the salary and benefits of the EMS employee assigned to this team, in

addition to various pieces of equipment for the operation of the program.

Resolution No. 2853 1

A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND AUTHORIZING THE 2 MAYOR TO ENTER INTO A CONTRACT WITH THE WICOMICO COUNTY HEALTH 3 DEPARTMENT FOR THE PURPOSE OF ACCEPTING SUB-GRANTED FUNDS IN THE 4 AMOUNT OF $50,000.00. 5

WHEREAS, the Wicomico County Health Department (WiCHD), in conjunction with the 6 City of Salisbry, applied for funds through the Maryland Community Health Resources 7 Commission (CHRC) grant program; and 8

WHEREAS, the CHRC has awarded the WiCHD funds in the amount of $90,000.00; and 9

WHEREAS, the WiCHD is sub-granting $50,000.00 to the City of Salisbury; and 10

WHEREAS, the sub-granted funds shall be used to operate the Salisbury-Wicomico 11 Firstcare Team (SWIFT); 12

WHEREAS, the City of Salisbury must enter into a sub-grant agreement with the WiCHD 13 defining how these funds must be expended; and 14

WHEREAS, § 7-29 of the Salisbury City Charter forbids the Mayor from entering into an 15 contract that requires an expenditure not appropriated or authorized by the City Council; and 16

WHEREAS, appropriations necessary to execute the purpose of this grant must be made 17 upon the recommendation of the Mayor and the approval of four-fifths of the Council of the City 18 of Salisbury; 19

NOW, THEREFORE BE IT RESOLVED THAT, the Council of the City of Salisbury, 20 Maryland does hereby appropriate the necessary funds and authorize Mayor Jacob R. Day to enter 21 into a grant agreement with CFES and expend the awarded funds accordingly. 22

THE ABOVE RESOLUTION was introduced and duly passed at a meeting of the Council 23 of the City of Salisbury, Maryland held on the ____ day of July, 2018 and is to become effective 24 immediately. 25

26 ATTEST: 27 28 29 __________________________________ ______________________________ 30 Kimberly R. Nichols John R. Heath 31 CITY CLERK CITY COUNCIL PRESIDENT 32 33 34 APPROVED BY ME this ___ day of June, 2018. 35 36 37 __________________________________ 38 Jacob R. Day 39 MAYOR 40

MEMORANDUM

To: Julia Glanz, City Administrator

From: Alyssa Massey, Administrative Office Assistant

Subject: Appointment to the Parks and Recreation Committee

Date: July 18, 2018

Mayor Day would like to appoint the following person to the Housing Board of Adjustments & Appeals for the term ending as indicated. Name Term Ending Joseph Anderson January 2021 Attached you will find information from Bret Hopkins and the Resolution necessary for their Appointment. Please forward this information to the City Council so it may be placed on their agenda at the next Council meeting. Please let me know if you have any questions. Attachment cc: Mayor Day

Mayor Jacob DayMayor’s Office125 N. Division Street, Room 304City of Salisbury, MD

July 11, 2018

Dear Mayor Day,

I am writing to put my name forward as a candidate to serve on the City ofSalisbury Parks and Recreation Committee. As a new member of the SalisburyUniversity faculty, I would also like to contribute to the greater Salisburycommunity, and I believe my experience with the outdoors and communityservice could be of value. I was an active member of the Boy Scouts of Americafor fifteen years, before I left for graduate school. During that time I worked atvarious summer camps and youth programs, later becoming and organizer andcoordinating with some local governments to facilitate Eagle Scout projectsfor myself and my peers.

Although my formal education is not directly related to Parks and Recre-ation, or local government, I am capable of helping to research aspects ofdifferent projects to find and orchestrate practical solutions. As a scientist,I am willing to contribute to greater debate about the various aspects of thecommunity recreation system, and to aid in community outreach and aware-ness with presentations, meetings, and workshops.

Finally, I love working as part of a team to help my community grow andbe enjoyed by all. I’m passionate about educating people when I can teach,and sharing in their education when I can learn. I hope that with my interestsand background I can help you and my fellow community members improvethe city that we are all proud to call home.

Sincerely,Joseph Anderson, Ph. D.Assistant ProfessorDepartment of Mathematics & Computer ScienceSalisbury University

Joseph Anderson

Salisbury University140 Devilbiss Hall1101 Camden AveSalisbury, MD21804

Email: [email protected]

Homepage: http://faculty.salisbury.edu/~jtanderson

Personal

Full name: Joseph Timothy Anderson

Born: 23 February 1990

Citizenship: I am a United States Citizen

Education

Ph.D., Computer Science and Engineering May 2017

The Ohio State University

Thesis: Geometric Methods for Robust Data Analysis in High Dimension

Thesis Advisor: Luis Rademacher

Academic Avisor: Anastasios Sidiropoulos

M.S. Computer Science and Engineering December 2015


Thesis: Geometric Methods for Robust Data Analysis in High Dimension

Advisor: Luis Rademacher

B.S. Mathematics, Saint Vincent College May 2012

Advisor: Michael Botsko

B.S. Computing & Information Science, Saint Vincent College May 2012

Concentration: Computer Science

Advisor: David Carlson

Research Interests

Theoretical computer science, machine learning, convex geometry, data science, statistics, optimization,probability theory.

http://www.salisbury.edu/

mailto:[email protected]

http://faculty.salisbury.edu/~jtanderson

Joseph Anderson 2

Experience

Salisbury University

Assistant Professor of Computer Science 2017–Current

The Ohio State University 2012–2017

Instructor: “Foundations I: Discrete Structures”

Graduate Research Assistant

Teaching Assistant

Research Fellow

Saint Vincent College 2008–2012

Computing & Information Science Department Server Administrator

Computing & Information Science Department Tutor

Information Services Desktop Analyst

University of New Orleans - Summer 2011

Undergraduate Research Fellow

Ethix Systems, LLC 2010 - 2011

Programming Intern

Publications

J. Anderson, N. Goyal, A. Nandi, L. Rademacher “Heavy-Tailed Analogues of the Covariance Matrix forICA”, Association for the Advancement of Artificial Intelligence, 2017

J. Anderson, N. Goyal, A. Nandi, L. Rademacher “Heavy-Tailed Independent Component Analysis”,Foundations of Computer Science, 2015

J. Anderson, M. Belkin, N. Goyal, L. Rademacher, J. Voss “The more, the merrier: the blessing ofdimensionality for learning large Gaussian mixtures”, Conference on Learning Theory, 2014

J. Anderson, N. Goyal, L. Rademacher “Efficient Leaning of Simplices”, Conference on Learning Theory,2013

J. Anderson, M. Gundam, A. Joginipelly, D. Charalampidis “FPGA Implementation of Graph Cut BasedImage Thresholding” IEEE Southeastern Symposium on System Theory, 2012

Teaching

Salisbury University

Lecturer, Fundamentals of Programming Fall 2017Lecturer, Computer Science II Fall 2017Lecturer, Theory of Computation Fall 2017

Joseph Anderson 3


Lecturer, Foundations I: Discrete Structures Spring 2016, Autumn 2016Teaching Assistant, Computability and Complexity Spring 2014Teaching Assistant, Foundations II: Data Structures and Algorithms Autumn 2013

Coursework and Skills

Statistical modeling/Bayesian analysis

Machine learning (kernel methods, PCA, neuralnetworks)

Probability Theory

Randomized Algorithms

Convex geometry

Real Analysis, Topology

Matlab (optimization toolkit, signal processingtoolkit, Gurobi plugin)

Mathematica

Python (with numerical analysis packages)

C, Objective-C, C++

MySQL, PostgreSQL, MongoDB

Javascript, PHP

Awards

Google Travel Grant - Conference on Learning Theory.

Ohio State University Research Fellowship Award.

A. J. Palumbo Student Research Grant, Saint Vincent College. PI: Joseph Anderson, Advisor: Br. DavidCarlson.

Saint Vincent College Computing & Information Science Academic Excellence Award, for top student inCIS department.

Saint Vincent College Computing & Information Science Scholarship Exam Winner, full tuition awarded.

Eagle Scout Award, BSA

Activities

Ohio State University Community Orchestra

President and Founder of Saint Vincent College Computer Science Colloquium Club

Saint Vincent College Marching Band

Saint Vincent College Camerata and Gregorian Schola

Alpha Lambda Delta Honor Society

References

Available upon request.

August 28, 2017

RESOLUTION NO. 2854 1 2

BE IT RESOLVED, by the City of Salisbury, Maryland that the following 3 individual is appointed to the Parks and Recreation Committee, for the term ending as 4 indicated. 5 6 Name Term Ending 7 Joseph Anderson July 2021 8 9 10 THE ABOVE RESOLUTION was introduced and duly passed at a meeting of the 11 Council of the City of Salisbury, Maryland held on July ___________, 2018. 12 13 ATTEST: 14 15 16 _____________________________ _____________________________ 17 Kimberly R. Nichols John R. Heath 18 CITY CLERK PRESIDENT, City Council 19 20 21 APPROVED BY ME THIS 22 23 __________ day of ______, 2018 24 25 26 _____________________________ 27 Jacob R. Day 28 MAYOR, City of Salisbury 29

PUBLIC HEARING NOTICE

TO THE EIREANN MHOR SUBDIVISION RESIDENTIAL DISTRICT

LOT OWNERS

The Salisbury City Council will hold a public hearing on a proposed special assessment

for the stormwater management system repair work in the Eireann Mhor Subdivision on

______________ at 6:00 p.m., in the Council Chambers located in the City-County Government

Office Building at 125 North Division Street, Salisbury, Maryland. The proposed special

assessment is $158.00 per lot collectable in one annual installment of $158.00 contained on the

real property tax bill.

All interested Eireann Mhor lot owners may attend and comment.

__________________________ Kimberly R. Nichols, City Clerk Property Address:

RESOLUTION NO. 2851 1 2 A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND, PURSUANT TO 3 SALISBURY CHARTER PROVISION 14-1, ET SEQ., DETERMINING THAT REPAIRS 4 TO THE STORMWATER MANAGEMENT SYSTEM WITHIN THE EIREANN MHOR 5 SUBDIVISION CONFERS SPECIAL BENEFITS UPON THAT SUBDIVISION AND ITS 6 OWNERS AND DETERMINING THAT A SPECIAL ASSESSMENT IS APPROPRIATE 7 UNDER THE CIRCUMSTANCES. 8

9 WHEREAS, Salisbury Charter Section 14-1 permits the levy and collection of special 10

assessments from property specially benefited by public improvement; and 11 12 WHEREAS, the City Council has considered the recommended and necessary 13

stormwater management repairs within the Eireann Mhor Subdivision; and 14 15 WHEREAS, Eireann Mhor Homeowner’s Association, Inc. has requested that Eireann Mhor 16

lot owners be assessed for the costs of the necessary stormwater management area repairs and has 17 approved the needed work through the Department of Infrastructure and Development and the 18 Department of Procurement; and 19

20 WHEREAS, the City Council has determined that the Eireann Mhor Subdivision is a special 21

assessment district which will receive special benefit from the stormwater management system 22 repair work; and 23

24 WHEREAS, the City Council has set a public hearing date prior to completion of the special 25

assessment procedure. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 28

SALISBURY THAT the stormwater management system repair work necessary to remedy the 29 problems identified in a recent City of Salisbury inspection report (November 9, 2016 inspection) is 30 determined to be a public improvement which confers special benefits upon the 152 lot owners in 31 Eireann Mhor Subdivision in the amount expended up to Twenty Four Thousand Dollars 32 ($24,000.00), and the Council has determined the per lot assessment due shall be $158.00, 33 collectable in one installment on the real property tax bill. 34

35 AND BE IT FURTHER RESOLVED that the Council hold a public hearing, after 36

notification pursuant SC-14-2, on __________, ____ ___, 2018, at 6:00 o’clock p.m. in the Council 37 Chambers at the City-County Government Office Building to receive public comment on the 38 special assessment. 39

40 The above resolution was introduced and duly passed at the regular meeting of the Council 41

of the City of Salisbury held on this ____ day of ________, 2018, and shall become effective 42 immediately upon adoption. 43

44 45

ATTEST: 46 47 48 ____________________________ 49

________________________________50 __ 51

Kimberly R. Nichols, City Clerk John R. Heath, President 52 Salisbury 53

City Council 54 55 APPROVED BY ME THIS ____ day of _______, 2018. 56

57 ________________________________________ 58 Jacob R. Day, Mayor 59

__________________ Underlining : Indicates material added by amendment after introduction Strike-through : Indicates material deleted by amendment after introduction

- A-1 -

Resolution No. 2852 A RESOLUTION OF CITY OF SALISBURY MAKING A DECLARATION OF OFFICIAL INTENT REGARDING REIMBURSING FROM PROCEEDS OF A FUTURE BORROWING PROJECT EXPENDITURES MADE IN CONNECTION WITH CERTAIN PROJECTS.

RECITALS

WHEREAS, City of Salisbury, a municipal corporation of the State of Maryland (the “City”), is in the process of undertaking certain projects identified on Schedule A hereto (collectively, the “Projects” and, individually, a “Project”); and WHEREAS, the City anticipates borrowing money for costs of the Projects, such borrowing to be evidenced by one or more series of general obligation bonds or other evidences of indebtedness (collectively, or individually by series, the “Bonds”) to be issued by the City; and

WHEREAS, the City reasonably expects to spend City funds on costs of the Projects prior to issuance of the Bonds or any interim financing incurred by the City in anticipation of the Bonds, and (i) to reimburse the City from proceeds of the Bonds for all or a portion of such previously paid costs of the Projects, and/or (ii) to use Bonds proceeds to refinance all or a portion of any interim borrowing incurred by the City that is applied to reimburse the City for prior Projects expenditures; and

WHEREAS, Section 1.150-2 of the U.S. Treasury Regulations (the “Reimbursement Regulations”) provides that local governments funding “original expenditures” intended to be reimbursed from the proceeds of “obligations” must make a declaration of “official intent” in order to qualify such original expenditures for reimbursement from a “reimbursement bond”, all within the meaning of the Reimbursement Regulations; and WHEREAS, the City is an “issuer” for purposes of the Reimbursement Regulations and wishes to adopt this Resolution for the purpose of evidencing the clear and official intent of the City to reimburse from reimbursement bond proceeds (meaning the Bonds or any interim financing incurred in anticipation of the Bonds) original expenditures made in connection with the Projects. SECTION 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALISBURY, MARYLAND that:

(a) The Recitals to this Resolution are deemed a substantive part of this Resolution and are incorporated by reference herein, and capitalized terms defined in the Recitals to this Resolution and not otherwise defined herein will have the meanings given to such terms in the Recitals hereto.


- 2 -

(b) The names used for the Projects on Schedule A hereto are the names by which such Projects are identified in the capital budget of the City for the fiscal year beginning July 1, 2018 and ending June 30, 2019. References in this Resolution to the Projects shall be deemed to include any changes in the scope of activities of any Project and/or the name of any Project made by the City in accordance with applicable law, including (without limitation) in future fiscal years. References in this Resolution to costs of the Projects shall be deemed to be to expenditures that constitute capital expenditures and, to the extent applicable, (i) costs of issuance of any borrowing relating to any Project and (ii) capitalized interest. SECTION 2. AND BE IT FURTHER RESOLVED that in accordance with the Reimbursement Regulations, the City hereby makes this declaration of its reasonable expectation to expend money on costs of the Projects prior to the issuance of the Bonds (or any interim financing incurred in anticipation of the Bonds) and to utilize proceeds of the Bonds (or of such interim financing), which Bonds and/or interim financing will qualify as a “reimbursement bond” for purposes of the Reimbursement Regulations, to reimburse all or a portion of such original expenditures. This Resolution is intended to be a declaration of official intent within the meaning of the Reimbursement Regulations.

SECTION 3. AND BE IT FURTHER RESOLVED that the maximum principal amount of the Bonds to be issued for each Project (and the maximum principal amount of any interim financing to be incurred by the City in anticipation of the Bonds issued for each Project) is identified on Schedule A hereto.

SECTION 4. AND BE IT FURTHER RESOLVED that this Resolution shall become

effective upon adoption by the Council and approval by the Mayor. Pursuant to Charter Section SC7-46A, this Resolution may not be petitioned to referendum.

[CONTINUED ON FOLLOWING PAGE]


- 3 -

THIS RESOLUTION was introduced and duly adopted at a meeting of the Council of the City of Salisbury held on the _________________________ day of _________________________________, 2018. ATTEST: ___________________________________ ___________________________________ Kimberly R. Nichols, City Clerk John R. Heath, President Salisbury City Council APPROVED BY ME THIS ___________ DAY OF _____________________________, 2018: ___________________________________ Jacob R. Day, Mayor

#205374;58111.001


- A-1 -

SCHEDULE A

IDENTIFICATION OF THE PROJECTS AND MAXIMUM PRINCIPAL AMOUNTS

Name of Project

Maximum Principal Amount of the Bonds to be Issued or Interim Financing to be

Incurred for Each Project1

Main Street Master Plan $6,740,000Urban Greenway Implementation 775,000Wayfinding and Signage 50,000Bridge Maintenance and Replacement 162,000Garage (bearing pad replacement) 400,000Water Chiller & Heating and Air Conditioner 700,000

TOTAL $8,827,000

_______ 1 The specified maximum principal amount for each Project applies, to the extent applicable, to both any Bonds issued and interim financing for such Project.

AS AMENDED 1

ORDINANCE NO. 2492 2

ORDINANCE PERMIT 3

AN ORDINANCE OF THE CITY OF SALISBURY TO AUTHORIZE BRANTÉ DASHIELL/LA 4 PETITE SCHOLARS, LLC TO OPERATE A DAY CARE CENTER AT 224 PHILLIP MORRIS 5 DRIVE IN A LIGHT BUSINESS AND INSTITUTIONAL DISTRICT AS REQUIRED BY SECTION 6 17.28.040B OF THE SALISBURY MUNICIPAL CODE. 7 8

WHEREAS, the City of Salisbury has received a request in accordance with the provision of 9 Section 17.28.040B of Title 17, Zoning, of the Salisbury Municipal Code to operate a day care center in 10 an existing multi-purpose center at 224 Phillip Morris Drive in a Light Business And Institutional 11 District; and 12 13

WHEREAS, the Mayor and City Council may grant an Ordinance Permit for certain uses as 14 specifically listed in Title 17, Zoning, of the Salisbury Municipal Code, particularly Section 17.28.040B 15 and City Council, Section 17.12.080D; and 16

17 WHEREAS, the Salisbury Planning Commission held a public hearing on May 17, 2018, 18

reviewed all information, and gave a favorable recommendation to the Mayor and City Council on the 19 request to establish the day care center with a capacity of children and infants as authorized by State of 20 Maryland regulations; and 21

22 WHEREAS, the City Council has determined that based upon a review of all testimony and 23

evidence presented that the request should be granted pursuant to Section 17.28.040B of Title 17, Zoning, 24 of the Salisbury Municipal Code. 25

26 NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF 27

THE CITY OF SALISBURY, MARYLAND that the Ordinance Permit authorizing Branté Dashiell/La 28 Petite Scholars Academy, LLC to operate a day care center at 224 Phillip Morris Drive is hereby granted, 29 subject to the following Conditions of Approval and any imposed by the Salisbury Planning Commission 30 on May 17, 2018: 31 32

1. Name of Applicant. 33 This Ordinance Permit is in the name of Branté Dashiell/La Petite Scholars, LLC only and 34 shall not be transferred without approval of the City Council. 35 36

2. Nature of Operation. 37 This Ordinance Permit specifically authorizes the applicant to operate a duly licensed Day 38 Care Center for the number of children and infants authorized by State of Maryland 39 Regulations at 224 Phillip Morris Drive seven days a week for 365 days a year as long as this 40 Ordinance Permit is in effect. 41 42

3. Place of Operation. 43

The authority granted by the City Council in this Ordinance Permit shall pertain only to the 44 premises known as 224 Phillip Morris Drive and shall not be relocated without compliance 45 with the Salisbury Municipal Code and approval of the City Council. 46 47

4. Rules of Operation/Conditions. 48 a. This Ordinance Permit shall be for children and infants subject to approval by the Office 49

of Child Care Administration and Licensing and Regulations, Maryland Department of 50 Human Resources. 51

b. The day care center shall comply with all applicable State and local codes pertaining to 52 licensing, health and safety, including building, fire, plumbing, and electrical codes 53 whether or not shown on the Plans approved by the Planning Commission or City 54 Council. 55

c. A fence not less than four (4) feet in height shall be provided around the play area, in 56 accordance with the Code. 57

58

5. Crowd Control. 59 a. The applicants shall be responsible for maintaining control of all users and visitors on site 60

including any buildings and adjoining parking and play areas. 61 b. In the event that company personnel feel there is an eimminent danger to any enrollee or 62

employee beyond their control, the authorities are to be notified immediately. 63 64

6. Council Review. 65 a. The Mayor and City Council hereby reserves the right to conduct a periodic review of the 66

operation of the day care center in order to assure compliance with these conditions. 67 b. The City Council shall be the sole determiner of compliance with these Conditions; and 68

further reserves the right to revoke this permit upon its finding of non-compliance. 69 70

7. Change of Conditions. 71 No Conditions shall be altered or changed by any person other than by Ordinance, approved 72 by the Mayor and City Council. 73

74 AND BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon the 75

date of its final passage. 76 77 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 78

Salisbury, MD held on the 25th day of June, 2018, and having been published as required by law, in the 79 meantime, was finally passed by the Council on the _________ day of _______________, 2018. 80 81 ATTEST: 82 83 _________________________ ____________________________ 84 Kimberly R. Nichols, City Clerk John R. Heath, City Council President 85 86 Approved by me, this ________day of ______________, 2018. 87 88 __________________________ 89 Jacob R. Day, Mayor 90

ORDINANCE NO. 2495 1 2

AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND AMENDING CHAPTER 3 13- PUBLIC SERVICES, OF THE SALISBURY MUNICIPAL CODE BY ADDING 4

CHAPTER 13.32- ILLICIT DISCHARGES, TO ADD PROVISIONS RELATED TO 5 PROHIBITED DISCHARGES AND ILLICIT CONNECTIONS INTO THE MUNICIPAL 6 SEPARATE STORM SEWER SYSTEM AND FOR ENFORCEMENT TO ESTABLISH 7 COMPLIANCE WITH THOSE REGULATIONS. 8 9

WHEREAS, the United States Environmental Protection Agency (EPA) through 40 CFR 10

Part 122 has revised the regulations governing regulated small municipal separate storm sewer 11

systems (MS4); and 12 13 WHEREAS, the City of Salisbury is a regulated small municipal separate storm sewer 14 system through a General Permit issued by the Maryland Department of the Environment 15

(MDE); and 16 17

WHEREAS, the General Permit for Discharges from Small Municipal Separate Storm 18 Sewer Systems identifies the Minimum Control Measures for implementation to achieve permit 19 compliance; and 20

21

WHEREAS, Illicit Discharge Detection and Elimination is one of the six Minimum 22 Control Measures defined in the General Permit; and 23 24

WHEREAS, the General Permit requires that regulated municipalities adopt an ordinance 25 that prohibits illicit discharges into the storm sewer system and establish legal means for gaining 26

access to private property to investigate and eliminate illicit storm drain system discharges; and 27 28 WHEREAS, the City of Salisbury recognizes the necessity to regulate the contribution of 29

illicit discharges and pollutants to the municipal separate storm sewer system; and 30 31

WHEREAS, the City desires to prevent non-storm water discharges, generated as a result 32 of spills, inappropriate connections, dumping or disposal, to the municipal separate storm sewer 33 system; and 34 35

WHEREAS, the City Council of the City of Salisbury, Maryland, desires to amend 36 Chapter 13, to add definitions related to the municipal separate storm sewer system and illicit 37 discharges, and to establish legal authority to carry out all inspection, monitoring and 38 enforcement procedures necessary to ensure compliance with this chapter and compliance with 39 the revised EPA regulations. 40

41

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 42

OF SALISBURY, MARYLAND that Chapter 13 be amended by the addition of Section 13.32 as 43 set forth herein: 44 45

46

Chapter 13.32 47 48

ILLICIT DISCHARGES 49 50

Sections: 51 13.32.010 Purpose and Objectives 52 13.32.020 Definitions 53 13.32.030 Prohibited Discharges into System 54 13.32.040 Exempt Discharges 55

13.32.050 Prohibition of Illicit Connections 56

13.32.060 Access and Inspection/Monitoring of Properties and Facilities 57

13.32.070 Enforcement Actions 58 59 13.32.010 Purpose and Objectives 60 61

A. The purpose of this chapter is to provide for the health, safety, and general welfare of the 62 citizens of the City of Salisbury through the regulation of non-storm water discharges to 63

the storm drainage system. This chapter establishes definitions for illicit discharges and 64 prohibits illicit discharges into the municipal separate storm sewer system (MS4) in order 65 to comply with requirements of the National Pollutant Discharge Elimination System 66

(NPDES) permit. 67

68 B. The objectives of this chapter are: 69

1. To regulate the contribution of pollutants to the municipal separate storm sewer 70

system by stormwater discharges by any user; 71 2. To prohibit Illicit Discharges and Connections to the municipal separate storm 72

sewer system; 73 3. To prevent non-stormwater discharges to the municipal separate storm sewer 74

system generated as a result of spills, inappropriate dumping or disposal; and 75

4. To establish legal authority to carry out all inspection, monitoring and 76 enforcement necessary to ensure compliance with this chapter. 77

78 13.32.020 Definitions 79 80 A. “Best Management Practice” means a structural device or nonstructural practice designed 81

to temporarily store or treat stormwater runoff in order to mitigate flooding and/or reduce 82 pollutants. 83

84 B. “Construction Activity” is an activity subject to NPDES Construction Permits, including 85

construction projects resulting in land disturbance of one (1) acre or more, and projects 86

resulting in less than one (1) acre of disturbance if part of a larger development plan. 87

Such activities include, but are not limited to clearing and grubbing, grading, excavating 88

and demolition. 89 90 C. “Hazardous Materials” are any material, including any substance, waste or combination 91

thereof, which because of its quantity, concentration or physical, chemical or infectious 92

characteristics may cause, or significantly contribute to, a substantial present or potential 93 hazard to human health, safety, property or the environment when improperly treated, 94 stored, transported, disposed of or otherwise managed. 95

96

D. “Illicit Connections” are defined as any drain or conveyance, whether on the surface or 97 subsurface, which allow any illicit discharge to enter the storm drain system including but 98 not limited to any conveyances which allow any non-storm water discharge including 99 sewage, process wastewater and wash water to enter the storm drain system and any 100 connections to the storm drain system from indoor drains and sinks, regardless of whether 101

said drain or connection had been previously allowed, permitted or approved by City, 102

State or Federal Agencies. 103

104 E. “Illicit Discharge” is any direct or indirect non-storm water discharge to the storm drain 105

system, except as exempted by this chapter. 106 107

F. “Industrial Activity” is an activity subject to NPDES Industrial Permits. The Stormwater 108 discharges associated with Industrial Activities are defined in 40 CFR, Section 122.26 109

(b)(14). 110 111 G. “Municipal Separate Storm Sewer System” (MS4) is the storm drain system of 112

conveyances, owned and operated by the City, designed or used for collecting or 113

conveying stormwater. 114 115 H. “National Pollutant Discharge Elimination System” (NPDES) Storm Water Discharge 116

Permit is a permit issued by Environmental Protection Agency or by the State of 117 Maryland Department of the Environment, that authorizes the discharge of pollutants to 118

waters of the United States, whether the permit is applicable to an individual property, or 119 on general area-wide basis. The permit contains limits on what can be discharged, and 120 monitoring and reporting requirements. 121

122 I. “Non-Storm Water Discharge” is any discharge to the storm drain system that is not 123

composed entirely of storm water. 124 125 J. “Oil” refers to any kind of oil in any form, including but not limited to petroleum, fuel 126

oil, crude oil, synthetic oil, motor oil, bio-fuel, cooking oil, grease, sludge, oil refuse, and 127

oil mixed with waste. 128 129 K. “Pesticide” is a substance or mixture of substances intended to prevent, destroy, repel, or 130

migrate any pest, or substances intended for use as a plant regulator, defoliant, or 131 desiccant. 132

133

L. “Pollutant” is anything which causes or contributes to pollution. Pollutants may include, 134

but are not limited to paints, varnishes and solvents; oil and other automotive fluids; non-135 hazardous liquid and solid wastes and yard wastes (including grass clippings); refuse, 136 rubbish, garbage, litter or other discarded or abandoned objects, that may cause or 137 contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous 138

substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate 139 metals; animal and pet waste; wastes and residues that result from constructing a building 140 or structure; and, noxious or offensive matter of any kind. 141

142

M. “Premises” refers to any building, lot, parcel of land, or portion of land whether improved 143 or unimproved including adjacent sidewalks and parking. 144

145 N. “Storm Drainage System” refers to the facilities by which storm water is collected and/or 146

conveyed, including but not limited to any roads with drainage systems, municipal 147

streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and 148

detention basins, best management practices, natural and human-made or altered drainage 149

channels, reservoirs and other drainage structures. 150 151 O. “Stormwater Pollution Prevention Plan” is a document which describes the Best 152

Management Practices and activities to be implemented by a person or business to 153

identify sources of pollution or contamination at a site and the actions to eliminate or 154 reduce pollutant discharges to storm water, storm water conveyance systems and/or 155

receiving waters to the maximum extent practicable in complying with the General 156 Permit For Discharges of Stormwater Associated With Industrial Activity. 157

158

13.32.030 Prohibited Discharges into System 159

160 A. The specific prohibitions and requirements in this section do not include all the 161

discharges prohibited, but are provided to address specific discharges that are frequently 162

found or are known to occur. No person shall release or allow to be released any of the 163 following substances into the municipal separate storm sewer system: 164

1. Any new or used petroleum product. 165 2. Any industrial waste. 166 3. Any hazardous substance or hazardous waste, including household hazardous 167

waste. 168 4. Any domestic sewage or septic tank waste, grease trap or grease interceptor 169

waste, holding tank waste, waste oil bins, or grit trap waste. 170 5. Any garbage, rubbish or other waste. 171 6. Any new or used paints, including latex-based paints, oil-based paints, stains, 172

varnish, and primers, as well as cleaning solvents and other associated products. 173

7. Any yard waste that has been moved or gathered by a person. 174 8. Any wastewater that contains soap, detergent, degreaser, solvent, or surfactant-175

based cleaner from a commercial motor vehicle wash facility; from any vehicle 176 washing, cleaning, or maintenance at any new or used motor vehicle dealership, 177 rental agency, body shop, repair shop, or maintenance facility; or from any 178

washing, cleaning or maintenance of any business or commercial or public service 179

vehicle, including a truck, bus or heavy equipment. 180

9. Any wastewater from a commercial mobile power washer or from the washing or 181 other cleaning of a building exterior that contains soap, detergent, degreaser, 182 solvent, or any surfactant based cleaner. 183

10. Any wastewater from commercial floor, rug, or carpet cleaning. 184

11. Any wastewater from the wash down or other cleaning of pavement that contains 185 any soap, detergent solvent, degreaser, emulsifier, dispersant, or other cleaning 186 substance; or any wastewater from the wash down or other cleaning of any 187 pavement where any spill, leak, or other release of oil, motor fuel, or other 188

petroleum hazardous substance has occurred, unless all such materials have been 189 previously removed. 190

12. Any effluent from a cooling tower, condenser, compressor, emissions scrubber, 191 emission filter, or the blowdown from a boiler. 192

13. Any ready-mixed concrete, mortar, ceramic, or asphalt base material or discharge 193

resulting from the cleaning of vehicles or equipment containing or used in 194

transporting or applying such material. 195

14. Any runoff, wash down water or waste from any animal pen, kennel, fowl or 196 livestock containment area or any pet wastes generally. 197

15. Any swimming pool, fountain or spa water or other water containing a harmful 198 level of chlorine per Maryland Department of the Environment regulations. 199

16. Any discharge from water line disinfection by super chlorination if it contains a 200 harmful level of chlorine (>0.1 ppm) at the point of entry into the municipal 201

separate storm sewer system or surface waters. 202 17. Any contaminated runoff from a vehicle wrecking or storage yard. 203 18. Any substance or material that will damage, block, or clog the municipal separate 204

storm sewer system. 205

19. Any release from a petroleum storage tank, or any leachate or runoff from soil 206 contaminated by leaking petroleum storage tank; or any discharge of pumped, 207 confined, or treated wastewater from the remediation of any such petroleum 208

storage tank release, unless the discharge has received an NPDES permit from the 209 state. 210

20. Any other discharge that causes or contributes to causing the City to violate a 211 state water quality standard, the City’s NPDES stormwater permits, or any state-212 issued discharge permit for discharges from its municipal separate storm sewer 213

system. 214 215

B. No person shall release or cause to be released into the municipal separate storm sewer 216 system any harmful quantity of sediment, silt, earth, soil, or other material associated 217 with clearing, grading, excavation or other construction activities in excess of what could 218 be retained on site or captured by employing sediment and erosion control measures. 219

220 C. All pesticides, herbicides, and fertilizers shall be used in accordance with manufacturer 221

recommendations. Pesticides, herbicides and fertilizers shall be stored, transported and 222 disposed of in a manner to prevent release to the municipal separate storm sewer system. 223

224

D. No person shall tamper with, destroy, vandalize, or render inoperable any Best 225

Management Practices that have been installed for the purpose of eliminating or 226

minimizing pollutant discharges, nor shall any person fail to install or fail to properly 227 maintain any Best Management Practices that have been required by City or by other 228 local, state, or federal jurisdictions. 229

230

13.32.040 Exempt Discharges 231 232 A. Unless identified as a significant source of pollutants to waters of the State, the following 233

non-storm water discharges are examples of activities allowed to enter the municipal 234

separate storm sewer system. 235 236

1. Water line flushing performed by a government agency. 237 2. Drainage of municipal water storage tanks. 238 3. Discharges or flows from firefighting activities. 239

4. Individual residential vehicle washing. 240

5. Irrigation water. 241

6. Uncontaminated groundwater infiltration to separate storm sewer. 242 7. Dechlorinated swimming pool discharges in compliance with Maryland 243

Department of the Environment regulations. 244 245

13.32.050 Prohibition of Illicit Connections 246 247

A. No person shall discharge or cause to be discharged through an illicit connection to the 248 municipal separate storm sewer system operated by the City of Salisbury any domestic 249 sewage, non-contact cooling water, process wastewater, or other industrial waste. 250

251

B. The construction, use, maintenance or continued existence of any illicit connections to 252 the storm drain system is prohibited. 253

254

C. This prohibition expressly includes, without limitation, any illicit connections made in 255 the past, regardless of whether the connection was permissible under law or practices 256

applicable or prevailing at the time of connection. 257 258 D. A person is considered to be in violation if the person connects a line conveying sewage 259

to the municipal separate storm sewer system or allows such a connection to continue. 260 261

E. Any owner or person responsible for a property or premises, which is, or may be, the 262 source of an illicit discharge, shall be required to implement, at the owner's or person's 263 expense, the Best Management Practice necessary to prevent the further discharge of 264 pollutants to the municipal storm sewer system. Compliance with all terms and 265

conditions of a valid National Pollutant Discharge Elimination System permit authorizing 266 the discharge of stormwater associated with industrial activity, to the extent practicable, 267 shall be deemed compliant with the provisions of this section. 268

269 13.32.060 Access and Inspection/Monitoring of Properties and Facilities 270

271

A. Right of Entry: When the City has reasonable cause to believe that an illicit discharge 272

code violation exists or when entry is required for periodic inspections and monitoring to 273 determine compliance, then the City is authorized to enter the structure or premises at 274 reasonable times to inspect. 275

276

B. Prior to inspection, the City must make reasonable efforts to locate the owner or other 277 person having charge or control of the structure or premises to request entry. If entry is 278 refused or not obtained, the City is authorized to pursue recourse as provided by law. 279

280

13.32.070 Enforcement Actions 281 282 A. Notification of Violation. Whenever the City finds that any user has violated or is 283

violating any local, state or federal illicit discharge requirements or any condition of this 284 chapter, the City shall serve the user with a written notice of violation stating the standard 285

or requirement violated and the nature of the violation. The City may require the user to 286

respond within thirty (30) days of the notice of violation with a plan for the satisfactory 287

correction thereof which shall be submitted, if required, to the City by the user. The City 288 may require written proof of proper disposal of prohibited items, such as waste manifests. 289

290 B. Compliance Orders. When the City finds that a user has violated or continues to violate 291

this chapter, the City may issue an order to the user responsible for the illicit discharge, 292 directing that the user come into compliance. Compliance orders may also contain other 293

requirements to address the noncompliance, including self-monitoring and management 294 practices. Issuance of a compliance order shall not be a prerequisite to taking any other 295 action against the user. 296

297

C. Cease and Desist Orders. When the City finds that a user is violating this chapter, the 298 City may issue an order to the user directing it to cease and desist all such violations and 299 directing the user to immediately comply with all requirements and to take such 300

appropriate remedial or preventive action as may be needed to properly address a 301 violation, including halting operations and/or terminating the illicit discharge. 302

303 D. Supplemental Enforcement Action. The City may assess a fee to the user responsible for 304

an illicit discharge that results in expenses to the City, that exceed the cost of normal 305

operations, as compensation to the City for said expenses. These fees may include, but 306 shall not be limited to cleanup, disposal and repair costs. All labor shall be assessed at 307

the hourly rate of the employee(s) involved with an additional thirty percent (30%) for 308 overhead. 309

310 E. Judicial Enforcement Remedies. If any person discharges an illicit discharge into the 311

City's municipal separate storm sewer system contrary to the provisions of this chapter or 312 any order of the City, an action for appropriate legal and/or equitable relief may be 313 commenced. 314 315 1. Injunctive Relief. 316

a. In General. The City may bring an action for an injunction against any 317

person who violates any provision of this chapter or any rules, regulation, 318

order, or permit adopted or issued under this chapter. 319 b. Findings. In any action for an injunction under this section, any finding 320

by a Court after hearing is prima facie evidence of each fact the court 321 determines. 322

c. Grounds. On a showing that any person is violating or is about to violate 323 this subtitle or any rule, regulation, order, or permit adopted or issued by 324 the City, the court shall grant an injunction without requiring a showing of 325 a lack of an adequate remedy at law. 326

d. Emergency. If an emergency arises due to imminent danger to the public 327 health or welfare, or imminent danger to the environment, the City may 328 take any emergency action necessary to stop or limit the danger and the 329 City may also seek an immediate injunction to stop any illicit discharge, 330 pollution or other activity that is causing the danger. 331

2. Civil Penalties. Any user who is found to have violated or continues to violate an 332

order of the City or who has violated or continues to violate any provision of this 333

chapter and the orders, rules and regulations issued hereunder shall be guilty of a 334 municipal infraction and shall be liable for a fine of not less than one hundred 335 dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each 336 offense. Each day on which a violation shall occur or continue shall be deemed a 337

separate and distinct offense. In addition to the penalties provided herein, the 338 City may recover reasonable attorney's fees, court costs, court reporter's fees and 339

other expenses of litigation by appropriate suit at law against the user and/or 340 person found to have violated this chapter or the orders, rules, regulations and 341 permits issued hereunder. 342

3. Criminal Prosecution. 343

a. Any person who knowingly makes any false statements, representations or 344 certification in any application, record, report, plan or other document 345 filed or required to be maintained pursuant to this chapter shall, upon 346

conviction, be guilty of a misdemeanor, punishable by a fine of not less 347 than one hundred dollars ($100.00) nor more than one thousand dollars 348

($1,000.00) or by imprisonment for not more than six months or by both. 349 b. Any user who willfully or through gross negligence violates any provision 350

of this chapter shall, upon conviction, be guilty of a misdemeanor, 351

punishable by a fine of not less than one hundred dollars ($100.00) nor 352 more than one thousand dollars ($1,000.00) or by imprisonment for not 353

more than six months or by both. 354 c. Any user who willfully or through gross negligence introduces any 355

substance into the municipal separate storm sewer system which causes 356 personal injury or property damage shall, upon conviction, be guilty of a 357

misdemeanor, punishable by a fine of not less than one hundred dollars 358 ($100.00) nor more than one thousand dollars ($1,000.00) or by 359 imprisonment for not more than six months or by both. This penalty shall 360 be in addition to any other cause of action for personal injury or property 361 damage available under state law. 362

363

F. Remedies Nonexclusive. The provisions in this section are not exclusive. The City 364

reserves the right to take such other lawful action as is necessary to prevent or remedy 365 any violation. Further, the City is empowered to institute more than one enforcement 366 action against any noncompliant user. These actions may be taken concurrently. 367

368

G. Enforcement Appeals. Any person may petition the City to reconsider the terms of an 369 Enforcement Action within thirty (30) days of its issuance. 370 371 1. Failure to submit a timely petition shall be deemed to be a waiver of the 372

enforcement appeal. 373 2. In its petition, the appealing party must indicate the enforcement provisions 374

objected to, the reasons for this objection, and the alternative condition, if any, it 375 seeks to place in the enforcement action. 376

3. The effectiveness of the enforcement action shall not be stayed pending the 377

appeal. 378

4. If the City fails to act within thirty (30) days, a request for reconsideration shall be 379

deemed to be denied. Decisions not to reconsider or modify an enforcement 380 action shall be considered final enforcement action for the purposes of judicial 381 review. 382

5. Aggrieved parties seeking judicial review of the final enforcement action decision 383

must do so by filing a complaint with the Wicomico County District Court within 384 thirty (30) days of the final enforcement action decision. 385

386 BE IT FURTHER ORDAINED that this ordinance shall take effect immediately upon 387 adoption. 388

389

THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 390 Salisbury held on the ___ day of ____________, 2018, and thereafter, a statement of the 391 substance of the Ordinance having been published as required by law, was finally passed by the 392

Council on the ___ day of __________, 2018. 393 394

ATTEST: 395 396 __________________________ ____________________________ 397

Kimberly R. Nichols, City Clerk John R. Heath, City Council President 398 399

400 Approved by me this ___ day of ______________, 2018 401 402 403

___________________________ 404 Jacob R. Day, Mayor 405

ORDINANCE NO. 2496 1 2 AN ORDINANCE OF THE CITY OF SALISBURY TO ESTABLISH THE EIREANN MHOR 3 SUBDIVISION AS A SPECIAL ASSESSMENT DISTRICT FOR THE PURPOSE OF FINANCING 4 THE COST OF STORMWATER MANAGEMENT SYSTEM REPAIRS BY ASSESSING EACH 5 LOT OWNER THE SUM OF $158.00, COLLECTABLE IN ONE INSTALLMENT ON THE REAL 6 PROPERTY TAX BILL. 7

8 WHEREAS, the City Council of the City of Salisbury, Maryland, passed Resolution No. _____ 9

determining that the Eireann Mhor Subdivision is a special assessment district, which would receive special 10 benefits from the repairs to its stormwater management areas, and providing for the payment of $158.00 by 11 each lot owner in one installment on the real property tax bill; and 12

13 WHEREAS, the City Council held a public hearing on _____________ as required by Salisbury 14

Charter 14-1 et seq.; and 15 16 WHEREAS, the City Council desires to enact an ordinance to establish the special assessment 17

district and to require the collection of the special assessment from each lot owner. 18 19

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, 20 MARYLAND, that pursuant to Salisbury Charter Sections 14-1 et seq. that: 21 22 1. A special assessment district is established on the South side of and binding upon Dykes Road, as 23 follows: 24 25 ALL lots within the Eireann Mhor Subdivision. 26 27 2. The special assessment of expenditures up to Twenty Four Thousand Dollars ($24,000.00) based 28 on the actual final completed work shall be equally assessed on each of the 152 (# of lots) in the Eireann 29 Mhor Subdivision. The special assessment shall be collectable from each lot owner in one installment of 30 $158.00 on the annual real property tax bill. 31 32 3. A special assessment shall not be levied against properties owned by the Eireann Mhor 33 Homeowner’s Association, Inc. 34 35 4. The special assessment shall be levied and collected, have the same priority rights, and bear the 36 same interest and penalties in every respect as City real property taxes. 37 38 5. The special assessment shall be collected solely for the purpose of paying for the cost, up to 39 $24,000.00 of the stormwater management system repairs needed throughout the subdivision. 40 41

AND BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF SALISBURY, 42 MARYLAND, that this Ordinance shall take effect from an after the date of its final passage. 43

44 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on 45 the ____day of __________ 2018, and thereafter, a statement of the substance of the Ordinance having been 46 published as required by law, in the meantime, was finally passed by the Council on the ____ day of ______, 47 2018. 48 49 50

ATTEST: 51 52 ___________________________________ __________________________________ 53 Kimberly R. Nichols, City Clerk John R. Heath, President 54

Salisbury City Council 55 56 APPROVED BY ME THIS day of , 2018. 57 58 ________________________________________ 59 Jacob R. Day, Mayor 60

Sewer Extension – Mt. Hermon Road


Ordinance No. 2497 1

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SALISBURY (THE “COUNCIL”) TO 2 AUTHORIZE AND EMPOWER CITY OF SALISBURY (THE “CITY”), FOR THE PUBLIC 3 PURPOSE OF FINANCING, REIMBURSING OR REFINANCING COSTS OF A PROJECT 4 THAT THE CITY GENERALLY REFERS TO AS “SEWER EXTENSION – MT. HERMON 5 ROAD” AS PROVIDED HEREIN, TO ISSUE AND SELL FROM TIME TO TIME, UPON ITS 6 FULL FAITH AND CREDIT, ONE OR MORE SERIES OF (1)(A) GENERAL OBLIGATION 7 BONDS AND (B) GENERAL OBLIGATION BOND ANTICIPATION NOTES, EACH IN AN 8 ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED ONE HUNDRED 9 TWENTY THOUSAND DOLLARS ($120,000.00), AND (2) GENERAL OBLIGATION 10 REFUNDING BONDS, PROVIDED THAT THE ORIGINAL AGGREGATE PRINCIPAL 11 AMOUNT OF ANY SERIES OF REFUNDING BONDS SHALL NOT EXCEED ONE 12 HUNDRED THIRTY PERCENT (130%) OF THE AGGREGATE PRINCIPAL AMOUNT OF 13 THE BONDS REFUNDED THEREFROM; DETERMINING THAT ANY SUCH SERIES OF 14 BONDS BE SOLD TO THE MARYLAND WATER QUALITY FINANCING 15 ADMINISTRATION (THE “ADMINISTRATION”) BY PRIVATE SALE, WITHOUT PUBLIC 16 BIDDING; AUTHORIZING THE APPROVAL BY RESOLUTION OF ONE OR MORE LOAN 17 AGREEMENTS WITH THE ADMINISTRATION AND, WITH RESPECT TO ANY SUCH 18 LOAN AGREEMENT, ACKNOWLEDGING THE ADMINISTRATION’S RIGHTS 19 THEREUNDER, MAKING A PLEDGE OF CERTAIN REVENUES RECEIVABLE FROM THE 20 STATE OF MARYLAND, AND ACKNOWLEDGING CERTAIN PAYMENT 21 RESPONSIBILITIES OF THE CITY; PROVIDING THAT THE COUNCIL BY RESOLUTION 22 SHALL DETERMINE OR PROVIDE FOR CERTAIN DETAILS OF ANY SUCH SERIES OF 23 GENERAL OBLIGATION BONDS, BOND ANTICIPATION NOTES OR REFUNDING BONDS 24 (EACH, A “SERIES OF OBLIGATIONS” OR “OBLIGATIONS”), INCLUDING WITH 25 RESPECT TO ANY DEBT SERVICE RESERVE ACCOUNT REQUIRED BY THE 26 ADMINISTRATION; PLEDGING THE CITY’S FULL FAITH AND CREDIT AND UNLIMITED 27 TAXING POWER TO PAYMENT OF ANY SUCH OBLIGATIONS AND PROVIDING FOR 28 THE IMPOSITION OF AD VALOREM TAXES UPON ALL REAL AND PERSONAL 29 PROPERTY WITHIN THE CITY SUBJECT TO ASSESSMENT FOR UNLIMITED MUNICIPAL 30 TAXATION TO PAY ANY SUCH OBLIGATIONS; IDENTIFYING OR PROVIDING FOR THE 31 DETERMINATION OF THE SOURCES FROM WHICH DEBT SERVICE ON ANY SUCH 32 SERIES OF OBLIGATIONS WILL BE PAYABLE IN THE FIRST INSTANCE; AUTHORIZING 33 THE COUNCIL BY RESOLUTION TO PROVIDE FOR POST-CLOSING MODIFICATIONS 34 AFFECTING ANY SERIES OF BONDS OR REFUNDING BONDS ISSUED TO THE 35 ADMINISTRATION; PROVIDING THAT ANY OF THE OBLIGATIONS MAY BE 36 CONSOLIDATED WITH ANY OTHER OBLIGATIONS AUTHORIZED BY THE COUNCIL, 37 AND ISSUED AS A SINGLE SERIES OF OBLIGATIONS; AUTHORIZING AND DIRECTING 38 OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ANY AND ALL ACTION 39 NECESSARY TO COMPLETE AND CLOSE THE ISSUANCE, SALE AND DELIVERY OF 40 ANY SUCH SERIES OF OBLIGATIONS AND TO CONSUMMATE THE TRANSACTIONS 41 CONTEMPLATED BY THIS ORDINANCE; PROVIDING THAT THIS TITLE SHALL BE 42 DEEMED A STATEMENT OF THE SUBSTANCE OF THIS ORDINANCE FOR ALL 43


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PURPOSES; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE 44 LIBERALLY CONSTRUED; AND OTHERWISE GENERALLY RELATING TO THE 45 ISSUANCE, SALE, DELIVERY AND PAYMENT OF AND FOR ANY SUCH SERIES OF 46 OBLIGATIONS. 47 48

RECITALS 49

WHEREAS, City of Salisbury, a municipal corporation of the State of Maryland and a 50 municipality within the meaning of the MWQFA Act identified below (the “City”), is authorized and 51 empowered by Sections 19-301 to 19-309, inclusive, of the Local Government Article of the 52 Annotated Code of Maryland, as replaced, supplemented or amended (the “Enabling Act”), and 53 Sections SC7-45 and SC7-46 of the Charter of the City of Salisbury, as replaced, supplemented or 54 amended (the “Charter”), to borrow money for any proper public purpose and to evidence such 55 borrowing by the issuance and sale of its general obligation bonds; and 56 57 WHEREAS, the City has determined to undertake a project it refers to generally as “Sewer 58 Extension – Mt. Hermon Road” that involves extending municipal sewer service to certain 59 properties that are currently on septic systems, including providing grinder pump stations, 60 acquiring and installing force mains and undertaking related activities (collectively, the “Project”) 61 and, in connection with such undertaking, to acquire or pay for, as applicable, land or necessary 62 property rights; related site improvements and utilities; related architectural, planning, design, 63 engineering, surveying, bidding, document development, bidding, permitting, acquisition, 64 construction, improvement, installation, modification, demolition, removal, renovation, 65 reconstruction, rehabilitation, expansion, extension, equipping, inspection, construction 66 administration, construction management and related costs; related financial, administrative and 67 legal expenses; and costs of activities related to any of the foregoing; and has determined to borrow 68 money for the public purpose of financing, reimbursing or refinancing all or a portion of the costs 69 of any components of such activities, together with, to the extent determined by the Council of the 70 City (the “Council”) by resolution, costs of issuance relating to any such borrowing (collectively, 71 “Costs of the Project”), by issuing one or more series of its general obligation bonds; and 72 73 WHEREAS, Title VI of the Federal Water Pollution Control Act (commonly known as the 74 “Clean Water Act”), as amended by the Water Quality Act of 1987 (“Title VI”), authorizes the 75 U.S. Environmental Protection Agency (the “EPA”) to award grants to qualifying states to 76 establish and capitalize state water pollution control revolving funds (“SRFs”) for the purpose of 77 providing loans and other forms of financial assistance to finance, among other things, the 78 construction of publicly-owned wastewater treatment facilities, and the implementation of estuary 79 conservation management plans and nonpoint source management programs; and 80 81 WHEREAS, as contemplated by Title VI, the General Assembly of Maryland at its 1988 82 session enacted the Maryland Water Quality Financing Administration Act, codified at Sections 83 9-1601 through 9-1622, inclusive, of the Environment Article of the Annotated Code of Maryland, 84 as replaced, supplemented or amended (the “MWQFA Act”), establishing the Maryland Water 85 Quality Financing Administration (the “Administration”) and establishing an SRF designated the 86


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Maryland Water Quality Revolving Loan Fund (the “SRF Fund”) to be maintained and 87 administered by the Administration; and 88 89 WHEREAS, the MWQFA Act authorizes the Administration, among other things, to make 90 a loan from the SRF Fund to a “local government” (as defined in the MWQFA Act) for the purpose 91 of financing or refinancing all or a portion of the cost of a “wastewater facility” project (as defined 92 in the MWQFA Act); and 93 94 WHEREAS, the City is a “local government” within the meaning of the MWQFA Act, and 95 the Project is a “wastewater facility” project within the meaning of the MWQFA Act; and 96 97 WHEREAS, the MWQFA Act authorizes a local government to issue one or more bonds, 98 notes or other evidences of obligation (each, a “loan obligation” as defined in the MWQFA Act) 99 to evidence its indebtedness under a loan agreement with respect to a loan from the Administration, 100 to sell any such bond, note or other evidence of obligation to the Administration at private sale, 101 without public bidding, and to establish a dedicated source of revenues for repayment of such loan; 102 and 103 104 WHEREAS, pursuant to the authority of the Enabling Act, the MWQFA Act and the Charter, 105 the City has determined to borrow money from the Administration for the public purpose of financing, 106 reimbursing or refinancing Costs of the Project or such components of the Project as the 107 Administration shall permit; and 108 109 WHEREAS, as of the date of introduction of this Ordinance, the Administration has advised 110 that it currently anticipates making the City two loans for Project purposes: (i) one loan in the 111 approximate original principal amount of $81,975.00, such loan to be evidenced by the issuance by 112 the City to the Administration of a single taxable general obligation installment bond, and (ii) one 113 loan in the approximate original principal amount of $27,325.00, such loan to be evidenced by the 114 issuance by the City to the Administration of a taxable general obligation bond that is subject to 115 forgiveness by the Administration; provided that, the final structure of any such financing (including 116 the final original principal amount of any bond) and the tax status of the interest payable on any such 117 general obligation bond issued by the City to the Administration shall be determined by resolution; 118 and 119 120 WHEREAS, in connection with the issuance and sale of any series of the general obligation 121 bonds contemplated hereby, and pursuant to the authority of the MWQFA Act, the City will enter 122 into one or more loan agreements with the Administration; and 123

WHEREAS, the City, as authorized by the MWQFA Act, and to the extent required by the 124 Administration, may determine by resolution to pledge any moneys that the City is entitled to receive 125 from the State of Maryland, including the City’s share of the State income tax, to secure its obligations 126 under any loan agreement with the Administration; and 127


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WHEREAS, prior to issuing any such series of bonds to the Administration, the City may 128 need to obtain interim financing in order to finance or reimburse Costs of the Project on a timely basis 129 through the issuance of one or more series of its general obligation bond anticipation notes pursuant 130 to the authority of Sections 19-211 to 19-223, inclusive, of the Local Government Article of the 131 Annotated Code of Maryland, as replaced, supplemented or amended (the “Bond Anticipation Note 132 Act”), and the Charter; and 133 134 WHEREAS, subsequent to the issuance to the Administration of any series of bonds provided 135 for herein, the City may desire to currently refund or advance refund all or a portion of such series of 136 bonds pursuant to the authority of Section 19-207 of the Local Government Article of the Annotated 137 Code of Maryland, as replaced, supplemented or amended (the “Refunding Act”); and 138

WHEREAS, the City has determined to pledge its full faith and credit and unlimited taxing 139 power to the prompt payment of debt service on any such series of bonds, bond anticipation notes or 140 refunding bonds contemplated hereby; and 141

WHEREAS, the City expects to pay the principal of, and interest on, as applicable, any such 142 bonds, bond anticipation notes or refunding bonds in the first instance from revenues received by the 143 City in connection with the operation of wastewater system serving the City, including fees for use of 144 or connection to such system and, to the extent required by the purchaser of any such series of 145 obligations, from revenues received by the City in connection with the operation of the water system 146 serving the City (referred to herein as the “water supply system”), including fees for use of or 147 connection to such system, all to the extent lawfully available for such purpose, and any other 148 dedicated source of revenues agreed to by the City and the applicable purchaser of such series of 149 obligations; and 150

WHEREAS, in connection with the issuance of any series of bonds contemplated by this 151 Ordinance (and any series of refunding bonds contemplated hereby that are issued to the 152 Administration), the Administration may require the City to establish, fund and maintain for a period 153 of time acceptable to the Administration a debt service reserve account in a manner that satisfies the 154 Administration’s debt service coverage requirements; and 155

WHEREAS, the City has determined to issue any series of bonds, bond anticipation notes or 156 refunding bonds authorized hereby in accordance with the terms and conditions provided for in a 157 resolution or resolutions to be adopted by the Council pursuant to the authority of the Charter and this 158 Ordinance. 159 160 SECTION 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 161 THE CITY OF SALISBURY, MARYLAND that: 162

(a) The Recitals to this Ordinance are deemed a substantive part of this Ordinance and 163 incorporated by reference herein. Capitalized terms used in this Ordinance and not otherwise defined 164 in the Sections of this Ordinance shall have the meanings given to such terms in the Recitals. 165


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(b) References in this Ordinance to any official by title shall be deemed to refer (i) to any 166 official authorized under the Charter, the code of ordinances of the City (the “City Code”) or other 167 applicable law or authority to act in such titled official’s stead during the absence or disability of such 168 titled official, (ii) to any person who has been elected, appointed or designated to fill such position in 169 an acting or interim capacity under the Charter, the City Code or other applicable law or authority, 170 (iii) to any person who serves in a “deputy”, “associate” or “assistant” capacity as such an official, 171 provided that the applicable responsibilities, rights or duties referred to herein have been delegated to 172 such deputy, associate or assistant in accordance with the Charter, the City Code or other applicable 173 law or authority, and/or (iv) to the extent an identified official commonly uses another title not 174 provided for in the Charter or the City Code, the official, however known, who is charged under the 175 Charter, the City Code or other applicable law or authority with the applicable responsibilities, rights 176 or duties referred to herein. 177

(c) References in this Ordinance to the “principal amount” of any of the Bonds, the BANs, 178 the Refunding Bonds or the Obligations (each as defined herein) shall be construed to mean the par 179 amount of such Bonds, BANs, Refunding Bonds or Obligations, as applicable. 180

(d) References in this Ordinance to the Project are intended to include any 181 modifications or amendments to components of the Project as provided for in City budgetary 182 materials or made by other appropriate actions and that are acceptable to the Administration to the 183 extent such modifications or amendments impact Obligations issued to the Administration. 184

(e) References in this Ordinance to the Enabling Act, the MWQFA Act, the Bond 185 Anticipation Note Act, the Refunding Act and the Charter shall also be construed to refer to any 186 other applicable law not specifically identified herein, if applicable. 187

(f) The Administration generally refers to the Project by the following name: 188 “Salisbury Sewer Extension – Mt. Hermon Road.” 189

SECTION 2. BE IT FURTHER ORDAINED that pursuant to the authority of the Enabling 190 Act, the MWQFA Act and the Charter, the City hereby determines to borrow money and incur 191 indebtedness for the public purpose of financing, reimbursing or refinancing any one or more 192 components of Costs of the Project, all to the extent permitted by the Administration. The total Costs 193 of the Project not otherwise payable from other sources is not expected to exceed One Hundred 194 Twenty Thousand Dollars ($120,000.00). In the event the City issues any BANs (as defined in 195 Section 11 hereof), proceeds of any Bonds (as defined in Section 3 hereof) may also be applied to 196 prepay or pay principal of, premium and/or interest on such BANs, and any such expenditure shall be 197 considered an expenditure for Costs of the Projects. 198

199 SECTION 3. BE IT FURTHER ORDAINED that to evidence the borrowing and 200

indebtedness authorized in Section 2 of this Ordinance, the City, acting pursuant to the authority of 201 the Enabling Act, the MWQFA Act and the Charter, hereby determines to issue and sell from time to 202 time, upon its full faith and credit, one or more series of its general obligation bonds in an original 203 aggregate principal amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00) 204 (each, a “series of the Bonds”, individually, a “Bond”, and, collectively, the “Bonds”). Each Bond 205


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shall be designated “City of Salisbury Water Quality Bond” and by series or by such other designation 206 or designations as the Administration may require and as the Council shall determine by resolution. 207 Each such series may consist of one or more bonds and any bond may be issued in installment form 208 and/or draw-down form. 209

210 SECTION 4. BE IT FURTHER ORDAINED that pursuant to the authority of the Enabling 211 Act, the MWQFA Act and the Charter, the City will sell each series of the Bonds to the Administration 212 by private sale, without public bidding, due, in part, to the ability to issue any series of the Bonds as 213 draw-down obligations, the ability to negotiate certain terms with the Administration, the beneficial 214 formulas by which the Administration establishes interest rates payable on obligations purchased by 215 the Administration, the lower costs of interest typically incurred with a private sale to the 216 Administration as compared to a public sale at competitive bid or a negotiated underwriting and, to 217 the extent any series of the Bonds is subject to forgiveness by the Administration, such forgiveness 218 feature. 219 220 SECTION 5. BE IT FURTHER ORDAINED that the proceeds of each series of the Bonds 221 shall be used and applied by the City exclusively and solely for the public purposes described in 222 Section 2 of this Ordinance, unless, with the approval of the Administration, a supplemental ordinance 223 is enacted by the Council to provide for the use and application of such proceeds for some other proper 224 public purpose authorized by the MWQFA Act. 225

SECTION 6. BE IT FURTHER ORDAINED that: 226

(a) As required by the MWQFA Act, the City is hereby authorized to enter into one or 227 more loan agreements with the Administration (each, a “Loan Agreement” and collectively, the “Loan 228 Agreements”) in connection with any series of the Bonds. The final or substantially final form of 229 each Loan Agreement shall be approved by the Council by resolution and the execution and delivery 230 of each Loan Agreement shall be authorized by the Council by resolution. 231

(b) The City hereby acknowledges that the provisions of Article IV of each Loan 232 Agreement (Events of Default and Remedies) allow for, among other remedies, all payments on the 233 applicable series of the Bonds to be declared immediately due and payable upon the occurrence of an 234 event of default as provided for in such Loan Agreement. 235

SECTION 7. BE IT FURTHER ORDAINED that as authorized by Section 9-1606(d) of 236 the MWQFA Act, the City may pledge any moneys that the City is entitled to receive from the State 237 of Maryland, including the City’s share of the State income tax, to secure its obligations under any 238 Loan Agreement. Any such pledge shall be provided for by resolution and evidenced and detailed in 239 the applicable Loan Agreement. 240 241 SECTION 8. BE IT FURTHER ORDAINED that: 242 243 (a) Pursuant to the authority of the Enabling Act, the Charter and this Ordinance, the 244 Council, prior to the issuance, sale and delivery of any series of the Bonds, shall adopt a resolution or 245 resolutions specifying, prescribing, determining or providing for the determination of, or approving 246


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or providing for the approval of, such matters, details, forms (including, without limitation, the form 247 of the Bonds of such series), documents or procedures as may be required by the Enabling Act, the 248 MWQFA Act, the Charter or this Ordinance or as the Council may deem appropriate for the 249 authorization, sale, security, issuance, delivery, payment or prepayment of or for such series of the 250 Bonds. A resolution shall or may set forth, determine or provide for the determination of, or approve 251 or provide for the approval of, among other matters, the designation of such series of the Bonds; the 252 date of issuance of such series of the Bonds; the original aggregate principal amount of such series 253 of the Bonds; the principal installment or installments of, or the method of determining the principal 254 installment or installments payable on, such series of the Bonds; the rate or rates of interest, or the 255 method of determining the rate or rates of interest, which may be fixed or variable, payable on such 256 series of the Bonds (and which may include a rate of zero percent (0.0%)); provisions relating to the 257 payment of any late fees or penalties with respect to such series of the Bonds; the components of the 258 Costs of the Project on which such series of the Bonds will be expended, if limited in any way; 259 provisions for the appropriation and disposal of such proceeds; provisions relating to the prepayment 260 of such series of the Bonds; the procedures for the sale of such series of the Bonds to the 261 Administration by private sale, without public bidding; provisions relating to the principal forgiveness 262 of such series of the Bonds, if applicable; the identification of any dedicated sources of revenue 263 required by the Administration pursuant to the MWQFA Act; and all other terms and conditions 264 pursuant to which such series of the Bonds will be issued, sold and delivered. By resolution the 265 Council may delegate to one or more City officials the authority to make any final determinations, 266 approvals or decisions with respect to a series of the Bonds. Any resolution may specify, prescribe, 267 determine or provide for the determination of, or approve or provide for the approval of, the details 268 required by this Section 8 for more than one series of the Bonds. 269 270 (b) In the event the Administration requires that the City establish a debt service reserve 271 account to be funded from non-Bonds proceeds in order to provide security for any series of the Bonds 272 as a condition to the issuance of such series of the Bonds, provisions relating to the establishment, 273 funding and maintenance of such debt service reserve account and the investment and application of 274 moneys held in such debt service reserve account shall be determined, approved or provided for by 275 resolution, and any such debt service reserve account may be identified in the applicable Loan 276 Agreement as a dedicated source of revenues contemplated by the MWQFA Act. 277 278 SECTION 9. BE IT FURTHER ORDAINED that the City is hereby authorized and directed 279 to pay any fees or costs provided for in any Loan Agreement which are not payable from proceeds of 280 the Bonds, including, without limitation, any administrative fees and any ongoing fees or costs. The 281 obligation of the City to pay any such amounts shall be absolute and unconditional as further provided 282 in the applicable Loan Agreement or Loan Agreements. 283 284 SECTION 10. BE IT FURTHER ORDAINED that notwithstanding anything to the contrary 285 contained in this Ordinance, the City shall use and apply proceeds of each series of the Bonds only as 286 permitted by the related Loan Agreement, the Clean Water Act and the MWQFA Act (which may be 287 referred to in each Loan Agreement as the “Act”). 288 289


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SECTION 11. BE IT FURTHER ORDAINED that: 290 291 (a) Pursuant to the authority of the Bond Anticipation Note Act and the Charter, the City 292 may issue and sell from time to time, upon its full faith and credit, one or more series of its general 293 obligation bond anticipation notes in an original aggregate principal amount not to exceed One 294 Hundred Twenty Thousand Dollars ($120,000.00) (each, a “series of the BANs” and, collectively, 295 the “BANs”) prior to and in anticipation of the sale of any series of the Bonds in order to finance or 296 reimburse Costs of the Project on an interim basis, including paying costs of issuance and capitalized 297 interest on such series of the BANs within the limitations of the Bond Anticipation Note Act. Any 298 such series of the BANs may consist of one or more notes and any note may be issued in installment 299 form and/or draw-down form. Prior to the issuance, sale and delivery of any series of the BANs, the 300 Council shall adopt a resolution or resolutions pursuant to the authority of the Bond Anticipation Note 301 Act, the Charter and this Ordinance authorizing such series of the BANs and specifying, prescribing, 302 determining or providing for the determination of, or approving or providing for the approval of, the 303 same types of matters, details, forms, documents, procedures or determinations detailed in Section 8 304 hereof that may be made or addressed with respect to any series of the Bonds, to the extent applicable 305 with respect to such series of the BANs, and as otherwise may be authorized or required by applicable 306 law. By resolution the Council may delegate to one or more City officials the authority to make any 307 final determinations, approvals or decisions with respect to a series of the BANs. Any resolution may 308 specify, prescribe, determine or provide for the determination of, or approve or provide for the 309 approval of, the details required or authorized by this Section 11 for more than one series of the BANs. 310 311 (b) The City hereby covenants (i) to pay from the proceeds of one or more series of the 312 Bonds the principal of any series of the BANs actually issued, (ii) to the extent that interest on any 313 series of the BANs is not paid from proceeds of the BANs, to pay the interest on such series of the 314 BANs, and (iii) to issue the applicable series of the Bonds as soon as there is no longer a reason for 315 deferring its issuance. This covenant shall not be construed to prevent the City from paying principal 316 of and/or interest on any series of the BANs from sources of funds other than proceeds of the Bonds, 317 to the extent such other proceeds are available for such purpose. 318 319 (c) As authorized by the Bond Anticipation Note Act, by resolution the Council may 320 provide for the renewal of any series of the BANs at maturity with or without resale, as well as any 321 amendments of or modifications to such series of the BANs and any related documentation. 322 323 SECTION 12. BE IT FURTHER ORDAINED that: 324 325 (a) Pursuant to the authority of the Refunding Act and the Charter, the City is hereby 326 authorized and empowered to issue and sell from time to time, upon its full faith and credit, one 327 or more series of general obligation bonds (each, a “series of the Refunding Bonds” and, 328 collectively, the “Refunding Bonds”) for the purpose of currently refunding or advance refunding 329 any of the Bonds issued pursuant to the authority of this Ordinance then outstanding, including 330 paying all or any portion of outstanding principal, prepayment premium and/or interest accrued or 331 to accrue to the date of prepayment, purchase or maturity of the Bonds to be refunded, and paying 332 costs and expenses in connection with the issuance, sale and delivery of such series of the 333


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Refunding Bonds, and, to the extent determined by the Council by resolution, interest on such 334 series of the Refunding Bonds, for the public purpose of (A) reducing the total cost of debt service 335 on a direct comparison or present value basis or (B) debt restructuring that is permitted by 336 applicable law; provided that, the original aggregate principal amount of any such series of the 337 Refunding Bonds may not exceed one hundred thirty percent (130%) of the aggregate principal 338 amount of the Bonds refunded therefrom. Any such series of the Refunding Bonds may consist of 339 one or more bonds and any bond may be issued in installment form and/or draw-down form. Prior 340 to the issuance, sale and delivery of any series of the Refunding Bonds, the Council shall adopt a 341 resolution or resolutions authorizing such series of the Refunding Bonds and specifying, 342 prescribing, determining or providing for the determination of, or approving or providing for the 343 approval of, such matters, details, forms, documents, procedures or determinations detailed in 344 Section 8 hereof that may be be made or addressed with respect to any series of the Bonds, to the 345 extent applicable with respect to such series of the Refunding Bonds, and as otherwise may be 346 authorized or required by applicable law. By resolution the Council may delegate to one or more 347 City officials the authority to make any final determinations, approvals or decisions with respect to a 348 series of the Refunding Bonds. Any resolution may specify, prescribe, determine or provide for the 349 determination of, or approve or provide for the approval of, the details required or authorized by this 350 Section 12 for more than one series of the Refunding Bonds. 351 352

(b) To the extent any series of the Refunding Bonds is sold to the Administration, the 353 Council by resolution may specify, prescribe, determine or provide for the determination of, or 354 approve or provide for the approval of, any determinations contemplated by this Ordinance that 355 may be made with respect to any series of the Bonds, including, without limitation, entry into a 356 new Loan Agreement or any modification to an existing Loan Agreement, as applicable, provisions 357 for the potential forgiveness of any such series of the Refunding Bonds, a pledge of the City’s right 358 to receive revenues from the State in the nature referred to in Section 7 above, the obligation of 359 the City to pay any administrative fees or ongoing fees and expenses in the nature of those referred 360 to in Section 9 above, the identification of any source of dedicated revenues, and provisions for 361 any debt service reserve account with respect to such series of the Refunding Bonds required by 362 the Administration. 363 364

SECTION 13. BE IT FURTHER ORDAINED that the Council is hereby authorized, by 365 resolution, to make any further determinations or approvals or provide for any matters or actions 366 deemed necessary or desirable in connection with the issuance of any series of the BANs or the 367 Refunding Bonds, including, without limitation, (i) any determination authorized by the Bond 368 Anticipation Note Act or the Refunding Act, as applicable, (ii) to commit or provide for the 369 commitment of the City to pay to the purchaser or purchasers of any series of the BANs or the 370 Refunding Bonds (A) any commitment fee or similar fee and any legal costs in connection with such 371 purchaser’s or purchasers’ agreement to purchase such series of the BANs or the Refunding Bonds 372 and/or (B) any breakage compensation or other amount that may be determined to be due to such 373 purchaser or purchasers in the event the City fails to deliver such series of the BANs or the Refunding 374 Bonds and, in connection therewith, to approve or provide for the approval of, and the execution and 375 delivery of, any agreement relating to such payment or payments (which such agreement may, but 376 shall not be required to be, contained within any purchase or similar agreement for such series of the 377


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BANs or the Refunding Bonds), and (iii) to approve or provide for any offering documents, credit 378 enhancement, liquidity enhancement, ratings, or continuing disclosure undertakings relating to such 379 series of the BANs or the Refunding Bonds. 380

381 SECTION 14. BE IT FURTHER ORDAINED that: 382 383 (a) The full faith and credit and unlimited taxing power of the City are hereby pledged to 384 the prompt payment of the principal of and interest on each series of the Bonds, the BANs and the 385 Refunding Bonds (each, a series of the “Obligations” and, collectively, the “Obligations”) as and 386 when the same are payable and to the imposition of the taxes hereinbelow described as and when such 387 taxes may become necessary in order to provide sufficient funds to meet the debt service requirements 388 of each series of the Obligations. Subject to the further provisions of this Section 14, the City hereby 389 covenants with the registered owners of each series of the Obligations to impose ad valorem taxes 390 on all real and tangible personal property in the City that is subject to assessment for unlimited 391 municipal taxation at a rate and in an amount sufficient to pay the principal of and the interest on 392 the Obligations in each fiscal year in which any of the Obligations are outstanding and to take any 393 further action that may be lawfully appropriate from time to time during the period that the 394 Obligations of such series remain outstanding and unpaid to provide the funds necessary to pay 395 promptly the principal thereof and the interest due thereon. If the proceeds from the taxes so levied 396 in any such fiscal year are inadequate for such payment, additional taxes shall be levied in the 397 succeeding fiscal year to make up such deficiency. 398 399 (b) Notwithstanding the provisions of subsection (a) of this Section 14, the principal of 400 and interest on each series of the Obligations will be payable in the first instance from revenues 401 received by the City in connection with the operation of the wastewater system serving the City, 402 including charges for the use of or connection to such wastewater system and, to the extent required 403 by the purchaser of such series of the Obligations, from revenues received by the City from the 404 operation of the water supply system serving the City, including charges for the use of or connection 405 to such water supply system, all to the extent such revenues are lawfully available for such purpose. 406 (Any such identification of water supply system revenues as a source of payment for the applicable 407 series of the Obligations shall be provided for in any resolution relating to a series of the Bonds, the 408 BANs or the Refunding Bonds or a Loan Agreement, as applicable.) To the extent of any funds 409 received or receivable as described in this subsection (b) in any fiscal year, the taxes required to be 410 imposed in accordance with subsection (a) of this Section 14 may be reduced proportionately. 411 412 (c) The foregoing provisions shall not be construed so as to prohibit the City from paying 413 the principal of and interest on any series of the Obligations from the proceeds of the sale of any other 414 obligations of the City (including, without limitation, (i) with respect to any series of the BANs, from 415 the proceeds of any series of the Bonds, and (ii) with respect to any series of the Bonds, from the 416 proceeds of any series of the Refunding Bonds) or from any other funds legally available for that 417 purpose. Within any applicable limitations of Maryland or federal law, the City may apply to the 418 payment of the principal of or interest on any series of the Obligations any funds received by it from 419 the State of Maryland or the United States of America, or any governmental agency or instrumentality, 420 or from any other source, if the funds are granted or paid to the City for the purpose of assisting the 421


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City in accomplishing the type of project or projects for which such series of the Obligations are 422 issued or are otherwise available for such purpose, and to the extent of any such funds received or 423 receivable in any fiscal year, the taxes hereby required to be imposed may be reduced proportionately. 424 425 (d) Any source of revenues referred to in this Section 14, and any additional source of 426 revenues agreed to by the City and the Administration and provided for by resolution, if applicable, 427 may be identified as a dedicated source of revenue contemplated by the MWQFA Act in any Loan 428 Agreement entered into by the City with the Administration in connection with a series of the 429 Obligations. Any such source of dedicated revenues may be identified as being subject to annual 430 appropriation. Any applicable Loan Agreement exhibits may describe such dedicated revenues by 431 references that are similar but not identical to any references contained in this Ordinance or in any 432 resolution relating to such series of the Obligations. To the extent any additional sources of dedicated 433 of revenue may be identified by resolution, to the extent of any such funds received or receivable in 434 any fiscal year, the taxes hereby required to be imposed may be reduced proportionately. 435 436 SECTION 15. BE IT FURTHER ORDAINED that in addition to the refunding authority 437 provided for in Section 12 of this Ordinance, subsequent to the sale, issuance and delivery of any 438 series of the Bonds or the Refunding Bonds to the Administration, the Council by resolution may 439 specify, prescribe, determine or provide for the determination of, or approve or provide for the 440 approval of any amendments or modifications to such series of the Bonds or the Refunding Bonds 441 and/or the related Loan Agreement or Loan Agreements and any other documents, agreements, 442 certificates or instruments executed and delivered in connection with the sale, issuance and 443 delivery of such series of the Bonds, and/or provide for the execution and delivery of additional 444 documents, agreements or instruments relating to such amendments or modifications (including, 445 without limitation, any bond or bonds to be issued and exchanged for one or more of such series 446 of the Bonds or the Refunding Bonds originally issued and delivered and any new or restated Loan 447 Agreement). 448 449 SECTION 16. BE IT FURTHER ORDAINED that by resolution, the Council may 450 determine that any series of the Bonds, the BANs or the Refunding Bonds may be consolidated with 451 any bonds, bond anticipation notes and/or refunding bonds authorized by the Council, as applicable, 452 and issued as a single series of obligations. 453 454 SECTION 17. BE IT FURTHER ORDAINED that the following officials of the City: the 455 Mayor, the President of the Council, the Vice President of the Council, the City Administrator, the 456 Director of Finance, the Assistant Director of Finance Operations, the City Clerk, and all other 457 appropriate officials and employees of the City, are hereby authorized and directed to (i) take any and 458 all action necessary to complete and close the sale, issuance and delivery of any of the Bonds, the 459 BANs and the Refunding Bonds, (ii) negotiate, approve, execute and deliver all documents, 460 certificates and instruments necessary or appropriate in connection with any such sale, issuance and 461 delivery, and (iii) carry out the transactions contemplated by this Ordinance, any resolution adopted 462 in furtherance of this Ordinance and any such documents, certificates or instruments executed and 463 delivered in connection with a series of the Obligations. 464 465


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SECTION 18. BE IT FURTHER ORDAINED that the title of this Ordinance shall be 466 deemed to be, and is, a statement of the substance of this Ordinance for publication and all other 467 purposes. 468 469 SECTION 19. BE IT FURTHER ORDAINED that the provisions of this Ordinance shall 470 be liberally construed in order to effectuate the transactions authorized or contemplated by this 471 Ordinance. 472 473 SECTION 20. BE IT FURTHER ORDAINED that this Ordinance shall become effective 474 following approval by the Mayor or subsequent passage by the Council in accordance with the 475 provisions of Section SC2-12 of the Charter. Pursuant to Charter Section SC2-16, this Ordinance 476 shall not be subject to petition to referendum. 477 478 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury 479 held on the _________________________ day of _________________________________, 2018, 480 and thereafter, a statement of the substance of this Ordinance having been posted or published as 481 required by law, was finally passed by the Council ___________ [as introduced] ____________ [as 482 amended] [CHECK APPLICABLE LINE] on the _______________ day of 483 ______________________, 2018. 484 485 486 ATTEST: 487 488 489 ___________________________________ ___________________________________ 490 Kimberly R. Nichols, City Clerk John R. Heath, President 491 Salisbury City Council 492 493 494 APPROVED BY ME THIS ___________ DAY OF _____________________________, 2018: 495 496 497 ___________________________________ 498 Jacob R. Day, Mayor 499 500 501 502 503 504 505 506 507 508 #204848;58111.038 509

City Service Center Comprehensive Environmental Site Design


Ordinance No. 2498

AN ORDINANCE OF THE COUNCIL OF THE CITY OF SALISBURY (THE “COUNCIL”) TO AUTHORIZE AND EMPOWER CITY OF SALISBURY (THE “CITY”), FOR THE PUBLIC PURPOSE OF FINANCING, REIMBURSING OR REFINANCING COSTS OF A PROJECT THAT THE CITY GENERALLY REFERS TO AS “CITY SERVICE CENTER COMPREHENSIVE ENVIRONMENTAL SITE DESIGN” AS PROVIDED HEREIN, TO ISSUE AND SELL FROM TIME TO TIME, UPON ITS FULL FAITH AND CREDIT, ONE OR MORE SERIES OF (1)(A) GENERAL OBLIGATION BONDS AND (B) GENERAL OBLIGATION BOND ANTICIPATION NOTES, EACH IN AN ORIGINAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED FIVE HUNDRED THOUSAND DOLLARS ($500,000.00), AND (2) GENERAL OBLIGATION REFUNDING BONDS, PROVIDED THAT THE ORIGINAL AGGREGATE PRINCIPAL AMOUNT OF ANY SERIES OF REFUNDING BONDS SHALL NOT EXCEED ONE HUNDRED THIRTY PERCENT (130%) OF THE AGGREGATE PRINCIPAL AMOUNT OF THE BONDS REFUNDED THEREFROM; DETERMINING THAT ANY SUCH SERIES OF BONDS BE SOLD TO THE MARYLAND WATER QUALITY FINANCING ADMINISTRATION (THE “ADMINISTRATION”) BY PRIVATE SALE, WITHOUT PUBLIC BIDDING; AUTHORIZING THE APPROVAL BY RESOLUTION OF ONE OR MORE LOAN AGREEMENTS WITH THE ADMINISTRATION AND, WITH RESPECT TO ANY SUCH LOAN AGREEMENT, ACKNOWLEDGING THE ADMINISTRATION’S RIGHTS THEREUNDER, MAKING A PLEDGE OF CERTAIN REVENUES RECEIVABLE FROM THE STATE OF MARYLAND, AND ACKNOWLEDGING CERTAIN PAYMENT RESPONSIBILITIES OF THE CITY; PROVIDING THAT THE COUNCIL BY RESOLUTION SHALL DETERMINE OR PROVIDE FOR CERTAIN DETAILS OF ANY SUCH SERIES OF GENERAL OBLIGATION BONDS, BOND ANTICIPATION NOTES OR REFUNDING BONDS (EACH, A “SERIES OF OBLIGATIONS” OR “OBLIGATIONS”), INCLUDING WITH RESPECT TO ANY DEBT SERVICE RESERVE ACCOUNT REQUIRED BY THE ADMINISTRATION; PLEDGING THE CITY’S FULL FAITH AND CREDIT AND UNLIMITED TAXING POWER TO PAYMENT OF ANY SUCH OBLIGATIONS AND PROVIDING FOR THE IMPOSITION OF AD VALOREM TAXES UPON ALL REAL AND PERSONAL PROPERTY WITHIN THE CITY SUBJECT TO ASSESSMENT FOR UNLIMITED MUNICIPAL TAXATION TO PAY ANY SUCH OBLIGATIONS; IDENTIFYING OR PROVIDING FOR THE DETERMINATION OF THE SOURCES FROM WHICH DEBT SERVICE ON ANY SUCH SERIES OF OBLIGATIONS WILL BE PAYABLE IN THE FIRST INSTANCE; AUTHORIZING THE COUNCIL BY RESOLUTION TO PROVIDE FOR POST-CLOSING MODIFICATIONS AFFECTING ANY SERIES OF BONDS OR REFUNDING BONDS ISSUED TO THE ADMINISTRATION; PROVIDING THAT ANY OF THE OBLIGATIONS MAY BE CONSOLIDATED WITH ANY OTHER OBLIGATIONS AUTHORIZED BY THE COUNCIL, AND ISSUED AS A SINGLE SERIES OF OBLIGATIONS; AUTHORIZING AND DIRECTING OFFICIALS AND EMPLOYEES OF THE CITY TO TAKE ANY AND ALL ACTION NECESSARY TO COMPLETE AND CLOSE THE ISSUANCE, SALE AND DELIVERY OF ANY SUCH SERIES OF OBLIGATIONS AND TO CONSUMMATE THE TRANSACTIONS CONTEMPLATED BY THIS ORDINANCE; PROVIDING THAT THIS TITLE SHALL BE DEEMED A STATEMENT OF THE SUBSTANCE OF THIS ORDINANCE FOR ALL


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PURPOSES; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE LIBERALLY CONSTRUED; AND OTHERWISE GENERALLY RELATING TO THE ISSUANCE, SALE, DELIVERY AND PAYMENT OF AND FOR ANY SUCH SERIES OF OBLIGATIONS.

RECITALS

WHEREAS, City of Salisbury, a municipal corporation of the State of Maryland and a municipality within the meaning of the MWQFA Act identified below (the “City”), is authorized and empowered by Sections 19-301 to 19-309, inclusive, of the Local Government Article of the Annotated Code of Maryland, as replaced, supplemented or amended (the “Enabling Act”), and Sections SC7-45 and SC7-46 of the Charter of the City of Salisbury, as replaced, supplemented or amended (the “Charter”), to borrow money for any proper public purpose and to evidence such borrowing by the issuance and sale of its general obligation bonds; and WHEREAS, the City has determined to undertake a project it refers to generally as “City Service Center Comprehensive Environmental Site Design” that involves retrofitting the outdated storm water management system serving the City Service Center by undertaking best management practices, including the acquisition, construction, installation and equipping of bioretention basins, micro-bioretention basins and rain gardens (collectively, the “Project”) and, in connection with such undertaking, to acquire or pay for, as applicable, land or necessary property rights; related site improvements and utilities; related architectural, planning, design, engineering, surveying, bidding, document development, bidding, permitting, acquisition, construction, improvement, installation, modification, demolition, removal, renovation, reconstruction, rehabilitation, expansion, extension, equipping, inspection, construction administration, construction management and related costs; related financial, administrative and legal expenses; and costs of activities related to any of the foregoing; and has determined to borrow money for the public purpose of financing, reimbursing or refinancing all or a portion of the costs of any components of such activities, together with, to the extent determined by the Council of the City (the “Council”) by resolution, costs of issuance relating to any such borrowing (collectively, “Costs of the Project”), by issuing one or more series of its general obligation bonds; and WHEREAS, Title VI of the Federal Water Pollution Control Act (commonly known as the “Clean Water Act”), as amended by the Water Quality Act of 1987 (“Title VI”), authorizes the U.S. Environmental Protection Agency (the “EPA”) to award grants to qualifying states to establish and capitalize state water pollution control revolving funds (“SRFs”) for the purpose of providing loans and other forms of financial assistance to finance, among other things, the construction of publicly-owned wastewater treatment facilities, and the implementation of estuary conservation management plans and nonpoint source management programs; and WHEREAS, as contemplated by Title VI, the General Assembly of Maryland at its 1988 session enacted the Maryland Water Quality Financing Administration Act, codified at Sections 9-1601 through 9-1622, inclusive, of the Environment Article of the Annotated Code of Maryland, as replaced, supplemented or amended (the “MWQFA Act”), establishing the Maryland Water


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Quality Financing Administration (the “Administration”) and establishing an SRF designated the Maryland Water Quality Revolving Loan Fund (the “SRF Fund”) to be maintained and administered by the Administration; and WHEREAS, the MWQFA Act authorizes the Administration, among other things, to make a loan from the SRF Fund to a “local government” (as defined in the MWQFA Act) for the purpose of financing or refinancing all or a portion of the cost of a “wastewater facility” project (as defined in the MWQFA Act); and WHEREAS, the City is a “local government” within the meaning of the MWQFA Act, and the Project is a “wastewater facility” project within the meaning of the MWQFA Act; and WHEREAS, the MWQFA Act authorizes a local government to issue one or more bonds, notes or other evidences of obligation (each, a “loan obligation” as defined in the MWQFA Act) to evidence its indebtedness under a loan agreement with respect to a loan from the Administration, to sell any such bond, note or other evidence of obligation to the Administration at private sale, without public bidding, and to establish a dedicated source of revenues for repayment of such loan; and WHEREAS, pursuant to the authority of the Enabling Act, the MWQFA Act and the Charter, the City has determined to borrow money from the Administration for the public purpose of financing, reimbursing or refinancing Costs of the Project or such components of the Project as the Administration shall permit; and WHEREAS, as of the date of introduction of this Ordinance, the Administration has advised that it currently anticipates making the City two loans for Project purposes: (i) one loan in the approximate original principal amount of $353,400.00, such loan to be evidenced by the issuance by the City to the Administration of a single taxable general obligation installment bond, and (ii) one loan in the approximate original principal amount of $117,800.00, such loan to be evidenced by the issuance by the City to the Administration of a taxable general obligation bond that is subject to forgiveness by the Administration; provided that, the final structure of any such financing (including the final original principal amount of any bond) and the tax status of the interest payable on any such general obligation bond issued by the City to the Administration shall be determined by resolution; and WHEREAS, in connection with the issuance and sale of any series of the general obligation bonds contemplated hereby, and pursuant to the authority of the MWQFA Act, the City will enter into one or more loan agreements with the Administration; and

WHEREAS, the City, as authorized by the MWQFA Act, and to the extent required by the Administration, may determine by resolution to pledge any moneys that the City is entitled to receive from the State of Maryland, including the City’s share of the State income tax, to secure its obligations under any loan agreement with the Administration; and


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WHEREAS, prior to issuing any such series of bonds to the Administration, the City may need to obtain interim financing in order to finance or reimburse Costs of the Project on a timely basis through the issuance of one or more series of its general obligation bond anticipation notes pursuant to the authority of Sections 19-211 to 19-223, inclusive, of the Local Government Article of the Annotated Code of Maryland, as replaced, supplemented or amended (the “Bond Anticipation Note Act”), and the Charter; and WHEREAS, subsequent to the issuance to the Administration of any series of bonds provided for herein, the City may desire to currently refund or advance refund all or a portion of such series of bonds pursuant to the authority of Section 19-207 of the Local Government Article of the Annotated Code of Maryland, as replaced, supplemented or amended (the “Refunding Act”); and

WHEREAS, the City has determined to pledge its full faith and credit and unlimited taxing power to the prompt payment of debt service on any such series of bonds, bond anticipation notes or refunding bonds contemplated hereby; and

WHEREAS, the City expects to pay the principal of, and interest on, as applicable, any such bonds, bond anticipation notes or refunding bonds in the first instance from revenues received by the City in connection with the operation of wastewater system serving the City, including fees for use of or connection to such system and, to the extent required by the purchaser of any such series of obligations, from revenues received by the City in connection with the operation of the water system serving the City (referred to herein as the “water supply system”), including fees for use of or connection to such system, all to the extent lawfully available for such purpose, and any other dedicated source of revenues agreed to by the City and the applicable purchaser of such series of obligations; and

WHEREAS, in connection with the issuance of any series of bonds contemplated by this Ordinance (and any series of refunding bonds contemplated hereby that are issued to the Administration), the Administration may require the City to establish, fund and maintain for a period of time acceptable to the Administration a debt service reserve account in a manner that satisfies the Administration’s debt service coverage requirements; and

WHEREAS, the City has determined to issue any series of bonds, bond anticipation notes or refunding bonds authorized hereby in accordance with the terms and conditions provided for in a resolution or resolutions to be adopted by the Council pursuant to the authority of the Charter and this Ordinance.


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SECTION 1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALISBURY, MARYLAND that:

(a) The Recitals to this Ordinance are deemed a substantive part of this Ordinance and incorporated by reference herein. Capitalized terms used in this Ordinance and not otherwise defined in the Sections of this Ordinance shall have the meanings given to such terms in the Recitals.

(b) References in this Ordinance to any official by title shall be deemed to refer (i) to any official authorized under the Charter, the code of ordinances of the City (the “City Code”) or other applicable law or authority to act in such titled official’s stead during the absence or disability of such titled official, (ii) to any person who has been elected, appointed or designated to fill such position in an acting or interim capacity under the Charter, the City Code or other applicable law or authority, (iii) to any person who serves in a “deputy”, “associate” or “assistant” capacity as such an official, provided that the applicable responsibilities, rights or duties referred to herein have been delegated to such deputy, associate or assistant in accordance with the Charter, the City Code or other applicable law or authority, and/or (iv) to the extent an identified official commonly uses another title not provided for in the Charter or the City Code, the official, however known, who is charged under the Charter, the City Code or other applicable law or authority with the applicable responsibilities, rights or duties referred to herein.

(c) References in this Ordinance to the “principal amount” of any of the Bonds, the BANs, the Refunding Bonds or the Obligations (each as defined herein) shall be construed to mean the par amount of such Bonds, BANs, Refunding Bonds or Obligations, as applicable.

(d) References in this Ordinance to the Project are intended to include any modifications or amendments to components of the Project as provided for in City budgetary materials or made by other appropriate actions and that are acceptable to the Administration to the extent such modifications or amendments impact Obligations issued to the Administration.

(e) References in this Ordinance to the Enabling Act, the MWQFA Act, the Bond Anticipation Note Act, the Refunding Act and the Charter shall also be construed to refer to any other applicable law not specifically identified herein, if applicable.

(f) The Administration generally refers to the Project by the following name: “Salisbury City Service Center Comprehensive Env Site Design”.”

SECTION 2. BE IT FURTHER ORDAINED that pursuant to the authority of the Enabling Act, the MWQFA Act and the Charter, the City hereby determines to borrow money and incur indebtedness for the public purpose of financing, reimbursing or refinancing any one or more components of Costs of the Project, all to the extent permitted by the Administration. The total Costs of the Project not otherwise payable from other sources is not expected to exceed Five Hundred Thousand Dollars ($500,000.00). In the event the City issues any BANs (as defined in Section 11 hereof), proceeds of any Bonds (as defined in Section 3 hereof) may also be applied to prepay or pay principal of, premium and/or interest on such BANs, and any such expenditure shall be considered an expenditure for Costs of the Projects.


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SECTION 3. BE IT FURTHER ORDAINED that to evidence the borrowing and

indebtedness authorized in Section 2 of this Ordinance, the City, acting pursuant to the authority of the Enabling Act, the MWQFA Act and the Charter, hereby determines to issue and sell from time to time, upon its full faith and credit, one or more series of its general obligation bonds in an original aggregate principal amount not to exceed Five Hundred Thousand Dollars ($500,000.00) (each, a “series of the Bonds”, individually, a “Bond”, and, collectively, the “Bonds”). Each Bond shall be designated “City of Salisbury Water Quality Bond” and by series or by such other designation or designations as the Administration may require and as the Council shall determine by resolution. Each such series may consist of one or more bonds and any bond may be issued in installment form and/or draw-down form.

SECTION 4. BE IT FURTHER ORDAINED that pursuant to the authority of the Enabling Act, the MWQFA Act and the Charter, the City will sell each series of the Bonds to the Administration by private sale, without public bidding, due, in part, to the ability to issue any series of the Bonds as draw-down obligations, the ability to negotiate certain terms with the Administration, the beneficial formulas by which the Administration establishes interest rates payable on obligations purchased by the Administration, the lower costs of interest typically incurred with a private sale to the Administration as compared to a public sale at competitive bid or a negotiated underwriting and, to the extent any series of the Bonds is subject to forgiveness by the Administration, such forgiveness feature. SECTION 5. BE IT FURTHER ORDAINED that the proceeds of each series of the Bonds shall be used and applied by the City exclusively and solely for the public purposes described in Section 2 of this Ordinance, unless, with the approval of the Administration, a supplemental ordinance is enacted by the Council to provide for the use and application of such proceeds for some other proper public purpose authorized by the MWQFA Act.

SECTION 6. BE IT FURTHER ORDAINED that:

(a) As required by the MWQFA Act, the City is hereby authorized to enter into one or more loan agreements with the Administration (each, a “Loan Agreement” and collectively, the “Loan Agreements”) in connection with any series of the Bonds. The final or substantially final form of each Loan Agreement shall be approved by the Council by resolution and the execution and delivery of each Loan Agreement shall be authorized by the Council by resolution.

(b) The City hereby acknowledges that the provisions of Article IV of each Loan Agreement (Events of Default and Remedies) allow for, among other remedies, all payments on the applicable series of the Bonds to be declared immediately due and payable upon the occurrence of an event of default as provided for in such Loan Agreement.

SECTION 7. BE IT FURTHER ORDAINED that as authorized by Section 9-1606(d) of the MWQFA Act, the City may pledge any moneys that the City is entitled to receive from the State of Maryland, including the City’s share of the State income tax, to secure its obligations under any


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Loan Agreement. Any such pledge shall be provided for by resolution and evidenced and detailed in the applicable Loan Agreement. SECTION 8. BE IT FURTHER ORDAINED that: (a) Pursuant to the authority of the Enabling Act, the Charter and this Ordinance, the Council, prior to the issuance, sale and delivery of any series of the Bonds, shall adopt a resolution or resolutions specifying, prescribing, determining or providing for the determination of, or approving or providing for the approval of, such matters, details, forms (including, without limitation, the form of the Bonds of such series), documents or procedures as may be required by the Enabling Act, the MWQFA Act, the Charter or this Ordinance or as the Council may deem appropriate for the authorization, sale, security, issuance, delivery, payment or prepayment of or for such series of the Bonds. A resolution shall or may set forth, determine or provide for the determination of, or approve or provide for the approval of, among other matters, the designation of such series of the Bonds; the date of issuance of such series of the Bonds; the original aggregate principal amount of such series of the Bonds; the principal installment or installments of, or the method of determining the principal installment or installments payable on, such series of the Bonds; the rate or rates of interest, or the method of determining the rate or rates of interest, which may be fixed or variable, payable on such series of the Bonds (and which may include a rate of zero percent (0.0%)); provisions relating to the payment of any late fees or penalties with respect to such series of the Bonds; the components of the Costs of the Project on which such series of the Bonds will be expended, if limited in any way; provisions for the appropriation and disposal of such proceeds; provisions relating to the prepayment of such series of the Bonds; the procedures for the sale of such series of the Bonds to the Administration by private sale, without public bidding; provisions relating to the principal forgiveness of such series of the Bonds, if applicable; the identification of any dedicated sources of revenue required by the Administration pursuant to the MWQFA Act; and all other terms and conditions pursuant to which such series of the Bonds will be issued, sold and delivered. By resolution the Council may delegate to one or more City officials the authority to make any final determinations, approvals or decisions with respect to a series of the Bonds. Any resolution may specify, prescribe, determine or provide for the determination of, or approve or provide for the approval of, the details required by this Section 8 for more than one series of the Bonds. (b) In the event the Administration requires that the City establish a debt service reserve account to be funded from non-Bonds proceeds in order to provide security for any series of the Bonds as a condition to the issuance of such series of the Bonds, provisions relating to the establishment, funding and maintenance of such debt service reserve account and the investment and application of moneys held in such debt service reserve account shall be determined, approved or provided for by resolution, and any such debt service reserve account may be identified in the applicable Loan Agreement as a dedicated source of revenues contemplated by the MWQFA Act. SECTION 9. BE IT FURTHER ORDAINED that the City is hereby authorized and directed to pay any fees or costs provided for in any Loan Agreement which are not payable from proceeds of the Bonds, including, without limitation, any administrative fees and any ongoing fees or costs. The


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obligation of the City to pay any such amounts shall be absolute and unconditional as further provided in the applicable Loan Agreement or Loan Agreements. SECTION 10. BE IT FURTHER ORDAINED that notwithstanding anything to the contrary contained in this Ordinance, the City shall use and apply proceeds of each series of the Bonds only as permitted by the related Loan Agreement, the Clean Water Act and the MWQFA Act (which may be referred to in each Loan Agreement as the “Act”). SECTION 11. BE IT FURTHER ORDAINED that: (a) Pursuant to the authority of the Bond Anticipation Note Act and the Charter, the City may issue and sell from time to time, upon its full faith and credit, one or more series of its general obligation bond anticipation notes in an original aggregate principal amount not to exceed Five Hundred Thousand Dollars ($500,000.00) (each, a “series of the BANs” and, collectively, the “BANs”) prior to and in anticipation of the sale of any series of the Bonds in order to finance or reimburse Costs of the Project on an interim basis, including paying costs of issuance and capitalized interest on such series of the BANs within the limitations of the Bond Anticipation Note Act. Any such series of the BANs may consist of one or more notes and any note may be issued in installment form and/or draw-down form. Prior to the issuance, sale and delivery of any series of the BANs, the Council shall adopt a resolution or resolutions pursuant to the authority of the Bond Anticipation Note Act, the Charter and this Ordinance authorizing such series of the BANs and specifying, prescribing, determining or providing for the determination of, or approving or providing for the approval of, the same types of matters, details, forms, documents, procedures or determinations detailed in Section 8 hereof that may be made or addressed with respect to any series of the Bonds, to the extent applicable with respect to such series of the BANs, and as otherwise may be authorized or required by applicable law. By resolution the Council may delegate to one or more City officials the authority to make any final determinations, approvals or decisions with respect to a series of the BANs. Any resolution may specify, prescribe, determine or provide for the determination of, or approve or provide for the approval of, the details required or authorized by this Section 11 for more than one series of the BANs. (b) The City hereby covenants (i) to pay from the proceeds of one or more series of the Bonds the principal of any series of the BANs actually issued, (ii) to the extent that interest on any series of the BANs is not paid from proceeds of the BANs, to pay the interest on such series of the BANs, and (iii) to issue the applicable series of the Bonds as soon as there is no longer a reason for deferring its issuance. This covenant shall not be construed to prevent the City from paying principal of and/or interest on any series of the BANs from sources of funds other than proceeds of the Bonds, to the extent such other proceeds are available for such purpose. (c) As authorized by the Bond Anticipation Note Act, by resolution the Council may provide for the renewal of any series of the BANs at maturity with or without resale, as well as any amendments of or modifications to such series of the BANs and any related documentation.


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SECTION 12. BE IT FURTHER ORDAINED that: (a) Pursuant to the authority of the Refunding Act and the Charter, the City is hereby authorized and empowered to issue and sell from time to time, upon its full faith and credit, one or more series of general obligation bonds (each, a “series of the Refunding Bonds” and, collectively, the “Refunding Bonds”) for the purpose of currently refunding or advance refunding any of the Bonds issued pursuant to the authority of this Ordinance then outstanding, including paying all or any portion of outstanding principal, prepayment premium and/or interest accrued or to accrue to the date of prepayment, purchase or maturity of the Bonds to be refunded, and paying costs and expenses in connection with the issuance, sale and delivery of such series of the Refunding Bonds, and, to the extent determined by the Council by resolution, interest on such series of the Refunding Bonds, for the public purpose of (A) reducing the total cost of debt service on a direct comparison or present value basis or (B) debt restructuring that is permitted by applicable law; provided that, the original aggregate principal amount of any such series of the Refunding Bonds may not exceed one hundred thirty percent (130%) of the aggregate principal amount of the Bonds refunded therefrom. Any such series of the Refunding Bonds may consist of one or more bonds and any bond may be issued in installment form and/or draw-down form. Prior to the issuance, sale and delivery of any series of the Refunding Bonds, the Council shall adopt a resolution or resolutions authorizing such series of the Refunding Bonds and specifying, prescribing, determining or providing for the determination of, or approving or providing for the approval of, such matters, details, forms, documents, procedures or determinations detailed in Section 8 hereof that may be be made or addressed with respect to any series of the Bonds, to the extent applicable with respect to such series of the Refunding Bonds, and as otherwise may be authorized or required by applicable law. By resolution the Council may delegate to one or more City officials the authority to make any final determinations, approvals or decisions with respect to a series of the Refunding Bonds. Any resolution may specify, prescribe, determine or provide for the determination of, or approve or provide for the approval of, the details required or authorized by this Section 12 for more than one series of the Refunding Bonds.

(b) To the extent any series of the Refunding Bonds is sold to the Administration, the Council by resolution may specify, prescribe, determine or provide for the determination of, or approve or provide for the approval of, any determinations contemplated by this Ordinance that may be made with respect to any series of the Bonds, including, without limitation, entry into a new Loan Agreement or any modification to an existing Loan Agreement, as applicable, provisions for the potential forgiveness of any such series of the Refunding Bonds, a pledge of the City’s right to receive revenues from the State in the nature referred to in Section 7 above, the obligation of the City to pay any administrative fees or ongoing fees and expenses in the nature of those referred to in Section 9 above, the identification of any source of dedicated revenues, and provisions for any debt service reserve account with respect to such series of the Refunding Bonds required by the Administration.

SECTION 13. BE IT FURTHER ORDAINED that the Council is hereby authorized, by resolution, to make any further determinations or approvals or provide for any matters or actions deemed necessary or desirable in connection with the issuance of any series of the BANs or the


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Refunding Bonds, including, without limitation, (i) any determination authorized by the Bond Anticipation Note Act or the Refunding Act, as applicable, (ii) to commit or provide for the commitment of the City to pay to the purchaser or purchasers of any series of the BANs or the Refunding Bonds (A) any commitment fee or similar fee and any legal costs in connection with such purchaser’s or purchasers’ agreement to purchase such series of the BANs or the Refunding Bonds and/or (B) any breakage compensation or other amount that may be determined to be due to such purchaser or purchasers in the event the City fails to deliver such series of the BANs or the Refunding Bonds and, in connection therewith, to approve or provide for the approval of, and the execution and delivery of, any agreement relating to such payment or payments (which such agreement may, but shall not be required to be, contained within any purchase or similar agreement for such series of the BANs or the Refunding Bonds), and (iii) to approve or provide for any offering documents, credit enhancement, liquidity enhancement, ratings, or continuing disclosure undertakings relating to such series of the BANs or the Refunding Bonds.

SECTION 14. BE IT FURTHER ORDAINED that: (a) The full faith and credit and unlimited taxing power of the City are hereby pledged to the prompt payment of the principal of and interest on each series of the Bonds, the BANs and the Refunding Bonds (each, a series of the “Obligations” and, collectively, the “Obligations”) as and when the same are payable and to the imposition of the taxes hereinbelow described as and when such taxes may become necessary in order to provide sufficient funds to meet the debt service requirements of each series of the Obligations. Subject to the further provisions of this Section 14, the City hereby covenants with the registered owners of each series of the Obligations to impose ad valorem taxes on all real and tangible personal property in the City that is subject to assessment for unlimited municipal taxation at a rate and in an amount sufficient to pay the principal of and the interest on the Obligations in each fiscal year in which any of the Obligations are outstanding and to take any further action that may be lawfully appropriate from time to time during the period that the Obligations of such series remain outstanding and unpaid to provide the funds necessary to pay promptly the principal thereof and the interest due thereon. If the proceeds from the taxes so levied in any such fiscal year are inadequate for such payment, additional taxes shall be levied in the succeeding fiscal year to make up such deficiency. (b) Notwithstanding the provisions of subsection (a) of this Section 14, the principal of and interest on each series of the Obligations will be payable in the first instance from revenues received by the City in connection with the operation of the wastewater system serving the City, including charges for the use of or connection to such wastewater system and, to the extent required by the purchaser of such series of the Obligations, from revenues received by the City from the operation of the water supply system serving the City, including charges for the use of or connection to such water supply system, all to the extent such revenues are lawfully available for such purpose. (Any such identification of water supply system revenues as a source of payment for the applicable series of the Obligations shall be provided for in any resolution relating to a series of the Bonds, the BANs or the Refunding Bonds or a Loan Agreement, as applicable.) To the extent of any funds received or receivable as described in this subsection (b) in any fiscal year, the taxes required to be imposed in accordance with subsection (a) of this Section 14 may be reduced proportionately.


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(c) The foregoing provisions shall not be construed so as to prohibit the City from paying the principal of and interest on any series of the Obligations from the proceeds of the sale of any other obligations of the City (including, without limitation, (i) with respect to any series of the BANs, from the proceeds of any series of the Bonds, and (ii) with respect to any series of the Bonds, from the proceeds of any series of the Refunding Bonds) or from any other funds legally available for that purpose. Within any applicable limitations of Maryland or federal law, the City may apply to the payment of the principal of or interest on any series of the Obligations any funds received by it from the State of Maryland or the United States of America, or any governmental agency or instrumentality, or from any other source, if the funds are granted or paid to the City for the purpose of assisting the City in accomplishing the type of project or projects for which such series of the Obligations are issued or are otherwise available for such purpose, and to the extent of any such funds received or receivable in any fiscal year, the taxes hereby required to be imposed may be reduced proportionately. (d) Any source of revenues referred to in this Section 14, and any additional source of revenues agreed to by the City and the Administration and provided for by resolution, if applicable, may be identified as a dedicated source of revenue contemplated by the MWQFA Act in any Loan Agreement entered into by the City with the Administration in connection with a series of the Obligations. Any such source of dedicated revenues may be identified as being subject to annual appropriation. Any applicable Loan Agreement exhibits may describe such dedicated revenues by references that are similar but not identical to any references contained in this Ordinance or in any resolution relating to such series of the Obligations. To the extent any additional sources of dedicated of revenue may be identified by resolution, to the extent of any such funds received or receivable in any fiscal year, the taxes hereby required to be imposed may be reduced proportionately. SECTION 15. BE IT FURTHER ORDAINED that in addition to the refunding authority provided for in Section 12 of this Ordinance, subsequent to the sale, issuance and delivery of any series of the Bonds or the Refunding Bonds to the Administration, the Council by resolution may specify, prescribe, determine or provide for the determination of, or approve or provide for the approval of any amendments or modifications to such series of the Bonds or the Refunding Bonds and/or the related Loan Agreement or Loan Agreements and any other documents, agreements, certificates or instruments executed and delivered in connection with the sale, issuance and delivery of such series of the Bonds, and/or provide for the execution and delivery of additional documents, agreements or instruments relating to such amendments or modifications (including, without limitation, any bond or bonds to be issued and exchanged for one or more of such series of the Bonds or the Refunding Bonds originally issued and delivered and any new or restated Loan Agreement). SECTION 16. BE IT FURTHER ORDAINED that by resolution, the Council may determine that any series of the Bonds, the BANs or the Refunding Bonds may be consolidated with any bonds, bond anticipation notes and/or refunding bonds authorized by the Council, as applicable, and issued as a single series of obligations.


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SECTION 17. BE IT FURTHER ORDAINED that the following officials of the City: the Mayor, the President of the Council, the Vice President of the Council, the City Administrator, the Director of Finance, the Assistant Director of Finance Operations, the City Clerk, and all other appropriate officials and employees of the City, are hereby authorized and directed to (i) take any and all action necessary to complete and close the sale, issuance and delivery of any of the Bonds, the BANs and the Refunding Bonds, (ii) negotiate, approve, execute and deliver all documents, certificates and instruments necessary or appropriate in connection with any such sale, issuance and delivery, and (iii) carry out the transactions contemplated by this Ordinance, any resolution adopted in furtherance of this Ordinance and any such documents, certificates or instruments executed and delivered in connection with a series of the Obligations. SECTION 18. BE IT FURTHER ORDAINED that the title of this Ordinance shall be deemed to be, and is, a statement of the substance of this Ordinance for publication and all other purposes. SECTION 19. BE IT FURTHER ORDAINED that the provisions of this Ordinance shall be liberally construed in order to effectuate the transactions authorized or contemplated by this Ordinance. SECTION 20. BE IT FURTHER ORDAINED that this Ordinance shall become effective following approval by the Mayor or subsequent passage by the Council in accordance with the provisions of Section SC2-12 of the Charter. Pursuant to Charter Section SC2-16, this Ordinance shall not be subject to petition to referendum.

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THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury held on the _________________________ day of _________________________________, 2018, and thereafter, a statement of the substance of this Ordinance having been posted or published as required by law, was finally passed by the Council ___________ [as introduced] ____________ [as amended] [CHECK APPLICABLE LINE] on the _______________ day of ______________________, 2018. ATTEST: ___________________________________ ___________________________________ Kimberly R. Nichols, City Clerk John R. Heath, President Salisbury City Council APPROVED BY ME THIS ___________ DAY OF _____________________________, 2018: ___________________________________ Jacob R. Day, Mayor #204857;58111.039

CITY OF SALISBURY...2018/07/07 · June 18, 2018 Work Session 1 | Page 1 CITY OF SALISBURY 2 WORK...

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