CITY OF SALISBURY€¦ · Ordinance No. 2419 – 1st reading ‐ approving an amendment of the FY17...

CITY OF SALISBURY

CITY COUNCIL AGENDA

April 10, 2017 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

6:03 p.m. CITY INVOCATION ‐ Pastor Dana Stauffer, Fruitland Campus–Emmanuel Wesleyan Church

6:05 p.m. PLEDGE OF ALLEGIANCE 6:07 p.m. PRESENTATION – Mayor Jacob R. Day

Proclamation‐ Library Week 6:17 p.m. ADOPTION OF LEGISLATIVE AGENDA 6:20 p.m. CONSENT AGENDA – City Clerk Kimberly R. Nichols March 13, 2017 Regular Meeting Minutes

March 20, 2017 Work Session Minutes March 20, 2017 Special Meeting Minutes

Resolution No. 2741 ‐ repealing Resolution No. 1205 and to approve an updated City policy to grant a partial credit to water account holders when they have experienced an unusually high utility bill due to a leak or other non‐beneficial use of water

Resolution No. 2742 ‐ adopting a cell phone use policy to define guidelines, restrictions and stipends regarding the use of cell phones by City of Salisbury employees

Resolution No. 2743 ‐ authorizing the Mayor to enter into a lease agreement with the Comité de Apoyo a los Trabajadores Agrícolas/The Farmworkers Support Committee; herein after referred to as “CATA” for use of City property for a community garden

6:25 p.m. PUBLIC HEARING/RESOLUTION – City Administrator Julia Glanz Resolution No. 2744 – proposing to amend and clarify certain terms of the Annexation

Agreement associated with property that was the subject of the 2007 “Dagsboro Road –Faith Baptist Church Annexation.”

6:35 p.m. ORDINANCE‐ City Attorney Mark Tilghman Ordinance No. 2419 – 1st reading ‐ approving an amendment of the FY17 Budget to

appropriate funds for traffic equipment and operating 6:40 p.m. PUBLIC COMMENTS 6:45 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 10‐508(a), by vote of the City Council.

Proposed agenda items for April 24, 2017 Meeting

Ordinance No. 2419 – 2nd reading - approving an amendment of the FY17 Budget to appropriate funds for traffic equipment and operating

Ordinance No. ____- 1st reading- Budget Amendment- New Animal Control Vehicle Ordinance No. ____-1st reading- Proposed FY18 Budget and establishing date for Public Hearing Ordinance No. ____- 1st reading- Water & Sewer Rates Ordinance PUBLIC HEARING - Ordinance No. ____- 1st reading- Text Amendment- Westwood Commerce Park

Posted: 4/5/17

March 13, 2017 Legislative Session

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CITY OF SALISBURY, MARYLAND 1 2 REGULAR MEETING MARCH 13, 2017 3

4 PUBLIC OFFICIALS PRESENT 5

6 Council Vice-President Muir Boda Councilman James Ireton, Jr. 7 Councilman R. Hardy Rudasill 8

9 PUBLIC OFFICIALS NOT PRESENT 10

11 Council President John “Jack” R. Heath Mayor Jacob R. Day Councilwoman April Jackson 12

13 IN ATTENDANCE 14

15 City Clerk Kimberly R. Nichols, City Administrator Julia Glanz, Attorney Steven Cox (Acting 16

City Attorney in Mark Tilghman’s absence), interested citizens and members of the press 17

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CITY INVOCATION – PLEDGE OF ALLEGIANCE 19 20 The City Council met in regular session at 6:00 p.m. in Council Chambers. Council Vice-21

President Muir Boda called the meeting to order and invited Rev. John Wright of Unitarian 22 Universalist Fellowship at Salisbury to the podium to provide the City Invocation. Thereafter, 23

the Pledge of Allegiance was recited. 24 25

ADOPTION OF LEGISLATIVE AGENDA 26 27

Mr. Rudasill moved and Mr. Ireton seconded to approve the agenda. 28 29 Mr. Rudasill moved to amend the agenda by striking Ordinance No. 2417- 2

nd reading- 30

approving an amendment of the FY2017 General Fund Budget to appropriate funding for 31 additional Fire Department personnel and promotions, since a 4/5 vote in favor is required in 32

order to approve budget amendments, and two council members were absent. Mr. Ireton 33 seconded, and the amendment was unanimously approved. 34 35 The agenda as amended, was approved unanimously on a 3-0 vote. 36 37

CONSENT AGENDA – presented by City Clerk Kim Nichols 38

39 The Consent Agenda, consisting of the following items, was unanimously approved on a motion 40 and seconded by Mr. Ireton and Mr. Rudasill, respectively: 41 42

February 21, 2017 Work Session Minutes

February 21, 2017 Closed Session Minutes

February 27, 2017 Regular Meeting Minutes

March 13, 2017 Legislative Session

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ORDINANCES – presented by Attorney Steve Cox 43 44

Ordinance No. 2418- 1st reading - approving an amendment of the City’s Capital Project 45

Fund budget to reallocate funding for projects in the FY2008 bond pool 46 47

Mr. Ireton moved, Mr. Rudasill seconded, and the vote was unanimous (3-0) to approve 48

Ordinance No. 2418 for first reading. 49 50 As there were no requests for public comments, at 6:08 p.m. Vice-President Boda called for a 51 motion to convene in Closed Session to consider the acquisition of real property for a public 52 purpose and matters directly related thereto in accordance with the Annotated Code of Maryland 53

10-508(a)(3). 54 55

At 6:34 p.m., upon the motion and seconded by Mr. Rudasill and Mr. Ireton, respectively, and 56 approved by unanimous vote in favor (3-0), the Closed Session adjourned and Council 57

immediately reconvened in Open Session, whereby Mr. Boda reported to the Public that Council 58 had met in Closed Session to discuss the acquisition of property and matters directly related 59 thereto. 60

61

_______________________________ 62

City Clerk 63

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_______________________________ 65

Council President 66

March 20, 2017 Work Session 1 | P a g e

CITY OF SALISBURY 1

WORK SESSION 2

MARCH 20, 2017 3

4

Public Officials Present 5 6

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

Councilwoman April Jackson (via Skype) Councilman R. Hardy Rudasill 8

Councilman James Ireton, Jr. (left 6:40 p.m.) 9 10

Public Officials Not Present 11 12

Mayor Jacob R. Day 13 14

In Attendance 15 16

City Clerk Kimberly R. Nichols, City Administrator Julia Glanz, City Attorney Mark Tilghman, 17

Building, Permits and Inspections Director William Holland, Mayor’s Office Intern Nate 18

Sansom, Planning & Zoning Director Jack Lenox, Long Range and Transportation Planning 19

Chief Keith Hall, Johnson, Mirmiran & Thompson Engineering (JMT) representatives Allysha 20

Lorber, Ana Pierce, and Brad Rogers, and interested citizens. 21

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On March 20, 2017, Salisbury City Council convened in Work Session at 4:33 p.m. following 23

the adjournment of the Special Meeting held at 4:30 p.m. in Council Chambers, Room 24

301 of the Government Office Building. Councilwoman Jackson participated via Skype. 25 26

Corridor Study Plan: Transforming US 13 into Salisbury Boulevard 27 28 Long Range and Transportation Planning Chief Keith Hall reported the Corridor Study Plan that 29

connects the four (4) mile Commercial and Industrial Zones District on Rt. 13 from Kay Avenue 30

north to Pine Way studies how the area will appear in the next 20 – 50 years. After he introduced 31

the JMT Engineering project team of Allysha Lorber, Brad Rogers, and Ana Pierce, Mr. Hall 32

turned the discussion over to Ms. Lorber, who presented the overall summary of the Plan with a 33

PowerPoint (attached and part of these minutes). 34 35 Ms. Lorber explained the main goal of the Plan was to create an economically thriving corridor 36

and make Salisbury a place for people with transportation options that provide better linkages so 37

that cars will not be needed. Focus will be on re-naming and re-thinking US 13 Corridor as 38

Salisbury Boulevard, not Rt. 13 and the recent branding exercise the City did with the resulting 39

logo, “The Comfortable Side of Coastal,” inspired the project team with Salisbury’s Vision 40

Statement, “Salisbury Is Where You Want To Live.” 41 42 Ms. Lorber presented the overall summary of the plan, consisting of six (6) areas working 43

independently but also together to make the corridor whole. The following is a synopsis of the 44

Plan presentation and discussion points: 45 46

University Zone 47

This reflects a college town from Kay Avenue to College Avenue. The street is extra 48

wide with on-street parking to create a boulevard feel. There is landscaping, wider 49


sidewalks, and more crosswalks. Instead of parking lots between the lot lines and 50

buildings, on street parking is prevalent and the buildings are close to the boulevard with 51

parking behind or internal to the buildings. 52 53

Connections Zone 54

This should be considered part of the City, but today downtown feels disconnected from 55

SU. This zone connects SU to Downtown and contains mixed use similar to the 56

University Zone with housing, ground floor retail, and vibrant streetscape environments. 57

Professional and student housing is increased in this zone, and because it connects to 58

Downtown, it has more commercial use including office space and medical services. 59 60

Hospital Zone 61

Peninsula Regional Medical Center is in this zone, and the area heading south towards 62

SU is optimal for hospital expansion. The street is narrow with no parallel, on-street 63

parking. The median is traffic-calming with wide, sidewalks and there is a transit shelter. 64 65

Downtown Zone 66

This zone begins at the river and expands north. The intersection at Main St. and Rt. 13 67

will be emphasized as the Gateway to Downtown. Main St. now extends on the other side 68

of Rt. 13 but feels disconnected due to being pedestrian unfriendly and hard to see to the 69

other side due to the train tracks. The intersections has a decorative brick pavement 70

across the very wide crosswalk at Market St. Vehicular traffic is limited at Market St. to 71

ensure pedestrian safety and promote pedestrian travel to extend the waterfront park. 72

Main St. is emphasized as the main street for vehicle use. The Rail Trail continues 73

through the Downtown Zone with water features making it feel more family friendly and 74

adding to the amenities and attractions of the waterfront park. Events (festivals, farmers 75

markets, etc.) and an amphitheater on the hospital side of the river make downtown the 76

cultural destination. A hotel offering pedestrian passage to downtown and the hospital, 77

along with a shuttle system will serve those needing to be close to the hospital and 78

downtown. A suggestion from the Envision Downtown Salisbury plan, an Environmental 79

Center will be another catalyst project placed on the east side of Rt. 13 at the waterfront. 80 81 Family Destinations Zone 82

This zone features recreational opportunities such as a gymnastic center, rock climbing, 83

sports center, public swimming pool, and neighborhood-oriented commercial shopping 84

centers allowing residents to stay within the neighborhood to live day to day. There is 85

much underutilized and vacant industrial/commercial space not oriented to the nearby 86

neighborhoods. This zone serves families and attracts people from other areas and the 87

City’s existing plans for a recreation center in this area would be a great catalyst project. 88

The vacant train station as an adaptive re-use site on the proposed trail along the railway 89

could include bike rental, ice cream shop, coffee and donuts, etc. 90 91 Peggy Branch Zone 92

Named after the stream (there will be another name instead), this zone is emphasized by 93

the waterfront. The layout includes recreational opportunities, family oriented businesses, 94

housing and open space. This is Salisbury’s green and sustainable district where outdoor 95

outfitters, plant nurseries, cafes with outdoor seating, sports/recreation sites, etc. thrive. 96


97

Mr. Rogers said a growing percentage of workers now choose where to live based on esthetics, 98

culture, and quality of life rather than just living close to where work is, and businesses are now 99

following talent to where they live. The vision is not just an esthetic issue but also to position 100

Salisbury to capture growth and opportunity in the 21st century. Young people leave college and 101

decide where to live. If unable to find work in their field, they start a business that becomes the 102

growth industry of the future. He noted it was critical to capture that entrepreneurial energy since 103

active communities adjacent to universities, hospitals, and government centers form the substrate 104

for the thriving 21st century economy, of which Salisbury is exceptionally well positioned. 105 106 Council discussion and comments included: 107 108

Mr. Heath- It is important to consider what was presented. Our responsibility to 109

the constituents is to receive feedback and think about the concept. We are at a 110

point in time to get this right, but a lot more work needs to be done. 111

Mr. Ireton- Rt. 13 looks like the vision of the people at the time. This concept is 112

30 to 50 years out, but Beaglin Park is right now. Are we going to say we want 113

buildings up at the road and wider sidewalks? Right now we have a curb cut 114

everywhere anyone asked for a curb cut and that is where the problem came 115

about. We are conditioned to get in the car and drive where we need to go. If we 116

do not want Beaglin Park to look like Rt. 13, how can we ensure that does not 117

happen? There is an opportunity to show what can work on Rt. 13 by doing 118

exactly what is suggested on Beaglin Park Dr. Has asked repeatedly where the 119

form-based codes are because we have Greenway and Bike, and now Rt. 13. 120

Where will people go who cannot afford to live in such areas as this? [Ms. 121

Lorber responded that the plan along the corridor focuses on commercial and 122

industrial sites, and they were not proposing neighborhood changes - want the 123

corridor to be beneficial to the neighborhoods. Commercial properties will be 124

redeveloped, but businesses wanting to remain will have space, but will not look 125

the same. They will be other retail opportunities to move into newer, nicer 126

buildings but this will not all happen at once. Property value will change as new 127

buildings emerge. Seagull Square is close to the vision, with retail on the ground 128

level, but not quite there since the building is set back behind a parking lot. With 129

four miles of property, it will take time for change, of which zoning is an 130

important part.] Mr. Ireton asked if zoning changes were approved, would they 131

grandfather in properties? Should Administration be looking for properties up 132

and down the Corridor? [Ms. Lorber responded in the affirmative.] 133

Ms. Glanz – The plan is the first step in moving towards form-based codes and 134

bear in mind we must adopt the plans now to shape the future going forward. 135

Mr. Hall – This plan assumes “no restraints” including utility, environmental, 136

regulation, and private property. Within the corridor, they are not looking at 137

many changes to the industrial/commercial uses but more to what the streets and 138

buildings will look like. No Council action is requested right now since this will 139

be discussed numerous times before it reflects the vision of the City. There are 140

many ways to achieve what is suggested so don not assume it must be through 141


form-based codes, as the current Euclidian Zoning Code can be modified or an 142

overlay added. What will work downtown might not work on Beaglin Park Dr. 143

Mr. Boda – This is a living document with an ultimate goal for a city of bikers 144

pedestrians. As we have these discussions, the goal may be for the City to 145

combine the three (3) plans into one plan, with these being chapters of that plan. 146

We can use it as a guide for the next 20 – 50 years, but if we need to make 147

changes to fit our community, we should do so. It needs to be joined so there are 148

not 10 different plans. Some things merge, some things do not, but eventually 149

everything will need to form one cohesive plan. Many things connect this City. 150

Mr. Lenox – There are vacant buildings that could be used, but no capital.When 151

property comes along that an owner wants to renovate but is unable to build up 152

front and place parking behind since it is already there, they are worked with as 153

non-conforming use properties. There has never been an appetite to make them 154

“go away” as acquisitions. Zoning is inherently negative – they try to figure out 155

at the same time how to stop bad things from happening, but also encourage the 156

good things, through either Community Development Corporation or other 157

public investments, in addition to Zoning. It would be a disservice if we were to 158

apply just one standard to all of the neighborhoods. There is a reason that on 159

Beaglin Park Drive there are major plans for a Harley Davidson dealer. We have 160

to separate other uses and identify areas that we want to make available for 161

things differently than are desired next to the hospital, university, or downtown. 162

This plan divides the corridor into six different zones – the City has many more. 163

Mr. Rudasill – Would like to see a comprehensive plan that includes his 164

neighborhood. This is for downtown and not sure how the agenda gets set, but he 165

was looking at bus services that will not effect constituents in his district. [Mr. 166

Ireton questioned whether a similar type of plan could be done for Beaglin Park 167

Drive.] Mr. Rudasill preferred not to incur additional expense for a similar study 168

if we can glean effective information from this pme and questioned how we 169

could come up with zoning rules when we then have to measure whether or not 170

the rules we come up with do not become a disincentive to develop. How will 171

these initial properties be convinced to incubate in the City at this high expense? 172

Who are the tenants going to be in these buildings? 173

Mr. Ireton - Noted in the plan under New Zoning Regulations, “This consulting 174

company cannot provide detailed recommendations about zoning regulations 175

without performing a comprehensive zoning analysis,” and said they were not 176

asked to do that. He asked if they could request a comprehensive zoning analysis 177

and set an agenda date. Mr. Heath asked Ms. Glanz to discuss this with the 178

Mayor and he would follow-up on the request. 179 180 Council President Heath thanked the consultants for their work on the Plan and would save his 181

questions for the next discussion. Consensus was not taken as it was for Council discussion only. 182 183 Fencing Ordinance 184 185 Building, Permits and Inspections Director William Holland joined Council to discuss the draft 186

ordinance amending Chapter 17.04.190 of the Zoning Code, Fences and Retaining Walls 187


Requirements. The draft legislation regarding chain link fencing in residential and similar zoned 188

districts would enhance residential neighborhood aesthetics by requiring fencing materials to be 189

consistent to residential construction such as vinyl, metal panels, wood shadow box, and 190

composite panels. Chain link is associated towards commercial, institutional and industrial uses. 191 192 Mr. Ireton asked why the Mayor was proposing this as chain link may be the only fence some 193

homeowners could afford. Ms. Glanz said property values would likely improve and chain link 194

was not necessarily cheaper. Mr. Holland added chain link was more expensive as it is usually 195

installed professionally and home supply stores carry a wide variety of fencing materials. 196 197 Council reached unanimous consensus to advance the legislation to Legislative Session. 198 199 Unsolicited Newspapers 200 201 Ms. Glanz and Mayor’s Office Intern Nate Sansom joined Council at the table to continue the 202

discussion of unsolicited newspapers. 203 204 Mr. Sansom reported Alexandria, VA enacted their ordinance on March 1, 2009 (in response to 205

Mr. Rudasill’s inquiry at the last discussion). He stated that recommended revisions made by 206

Council to the original ordinance presented on March 6, 2017 were made and submitted to Legal. 207

The filing fee to be on the list was eliminated and stipulation was added there would be a form 208

online in which to place names and addresses. The penalty for violation was removed and there 209

is now no monetary penalty for violation of the statute. The publisher will need to arrange for the 210

unsolicited document to be removed from the premises. The list would be published monthly, 211

and as new people were added to the list it would be emailed to publishers and Housing and 212

Community Development. Ms. Glanz handed out a copy of an article emailed to Council earlier 213

in the day of a town that tried doing a similar thing that invoked larger penalties. 214 215 Bill Janus came forward to the podium and identified himself as the publisher and president of 216

the Delmarva Media Group (Delmarva Weekly). He said the publishers have to figure out how to 217

fix the problem. The Delmarva Media Group is relocating back downtown and Mr. Janus stated 218

they did not want to be viewed as littering the streets. Both organizations (the Weekly and the 219

Independent) have “do not call” lists available- as every week they are printed in the paper. The 220

newspapers should get together and figure out a plan and present it to the Council, as they should 221

not have to fix the problem. 222 223 Salisbury Independent Publisher Darel LaPrade said both papers could run ads in the newspaper 224

and on their websites, and advertise their “do not deliver” list and phone number, and have the 225

people who do not want delivery to call them directly. He asked Council to allow Mr. Janus and 226

him to work out a plan and they will return with a set of standards and what they are prepared to 227

do. If that is not satisfactory then the ordinance could be passed later. 228 229 Mr. Heath stated the City should not have to fix the problem, but Council has received multiple 230

complaints and there are still issues with vacant homes and citizen complaints. Mr. Heath said he 231

was not for rules and laws for every single thing, but believes some action on this matter is 232

required. Mr. Boda said they all respect the first amendment, but there is also the right to be left 233

alone, which is what some of the citizens are asking. 234

235


Mr. Ireton asked if Alexandria and Arlington were sued, and Mr. Sansom could not locate that 236

information. 237 238 Council reached consensus to bring the subject back in two weeks to the next Work Session, 239

allowing time for Messrs. LaPrade and Janus to develop a plan which will be discussed, and if it 240

sounds like it could solve the problem, then Council will give it consideration. 241 242 Non-beneficial Use Policy 243 244 Internal Services Director Keith Cordrey joined Council to discuss and clarify the non-beneficial 245

use policy of water and sewer. He summarized the changes to the policy as described below: 246 247

Clarification of what beneficial use means so that people will better understand 248

so that means. 249

The account holder needs to submit evidence that the problem is fixed and 250

Public Works needs to confirm the leak has been repaired. 251

The account holder will be eligible for only one occurrence within a three year 252

period, but it is clarified that it will re-set with a change in property ownership, 253

but not with a change in tenant. 254

The adjustment is limited for a six month period. 255

Definition of how the credit will be applied. 256

To avoid late fees, the citizen must pay the bill and will be credited the 257

difference. 258 259 Council reached unanimous consensus to advance the legislation to legislative agenda. 260 261 Council Discussion 262 263 Housing and Homelessness Manager Theo Williams joined Council to discuss Mayor Day’s 264

request for consensus to draft a letter to respond to Congressman Harris regarding the impact the 265

federal government’s budget changes would make on the City, if passed. Mr. Williams said this 266

budget would not pass in the present form, with $54 billion worth of cuts across the board, and it 267

was a matter of local entities deciding which programs to fight for the most. 268 269 Mr. Heath said the City’s biggest impact would be in the Community Development Block Grant 270

(CDBG), which is approximately $300,000 per year. These cuts would affect the City’s ability to 271

provide the services needed for our citizens. However, Mr. Williams noted that funding related 272

to substance abuse would actually be increased. 273 274 Council reached unanimous consensus for Mayor Day to draft a letter for Council to co-sign. 275 276 With nothing further to discuss, the Work Session adjourned at 6:42 p.m. 277 278 279 ____________________________________ 280

City Clerk 281 282 _____________________________________ 283

Council President 284

March 20, 2017 Special Meeting 1 | Page

CITY OF SALISBURY, MARYLAND 1

2

SPECIAL MEETING MARCH 20, 2017 3 4

PUBLIC OFFICIALS PRESENT 5 6 Council President John “Jack” R. Heath Councilman Muir Boda 7 Councilman James Ireton, Jr. Councilman R. Hardy Rudasill 8

9 PUBLIC OFFICIALS NOT PRESENT 10

11 Mayor Jacob R. Day 12

Councilwoman April Jackson 13 14

IN ATTENDANCE 15 16 City Clerk Kimberly R. Nichols, City Administrator Julia Glanz, Fire Chief Rick Hoppes, Deputy 17 Fire Chief Darrin Scott, City Attorney Mark Tilghman, and interested citizens. 18 ****************************************************************************** 19 The City Council convened in a Special Meeting in Council Chambers of the Government Office 20 Building on March 20, 2017. Council President Heath called the meeting to order at 4:30 p.m. 21 22 ADOPTION OF LEGISLATIVE AGENDA 23 24 Mr. Boda moved, Mr. Ireton seconded and the vote was unanimous to approve the legislative 25 agenda as presented. 26 27 ORDINANCE 2417 – presented by City Attorney Mark Tilghman 28 29

Ordinance No. 2417 – 2nd reading – approving an amendment of the FY2017 General Fund 30 Budget to appropriate funding for additional Fire Department personnel and promotions 31 32 Mr. Boda moved, Mr. Rudasill seconded, and the vote was unanimous (4-0) to approve 33 Ordinance No. 2417 for second reading. 34 35

ADJOURNMENT 36 37

With no further business to discuss, President Heath adjourned the Special Meeting at 4:32 p.m. 38 39 40 41 42 43 44 45 46

March 20, 2017 Special Meeting 2 | Page

CITY OF SALISBURY, MARYLAND 47 CLOSED SESSION 48 MARCH 13, 2017 49

50 TIME & PLACE: 6:10 p.m., Government Office Building – Room 301 51 PURPOSE: To consider the acquisition of real property for a public purpose and matters 52

directly related thereto 53 VOTE TO CLOSE: Unanimous (3-0) – Councilman James Ireton, Jr. not present for the vote 54 CITATION: Annotated Code of Maryland §10-508(a)(3) 55 PRESENT: Mayor Jacob R. Day, Council Vice-President Muir Boda, Councilman R. 56

Hardy Rudasill, Councilman James Ireton, Jr., City Administrator Julia 57 Glanz, Assistant Director Internal Services – Procurement & Parking 58 Jennifer Miller, Attorney Steven Cox (acting City Solicitor), and City Clerk 59 Kimberly Nichols 60

ABSENT: Council President John “Jack” R. Heath, Councilwoman April Jackson 61 ***************************************************************************** 62 The City Council convened in Legislative Session in Room 301 in the Government Office Building 63 at 6:00 p.m. At 6:10 p.m. Vice-President Boda called for a motion to convene in Closed Session to 64 consider the acquisition of real property for a public purpose and matters directly related thereto in 65 accordance with the Annotated Code of Maryland §10-508(a)(3). Councilman Ireton moved, 66 Councilman Rudasill seconded, and the vote was approved on a 3-0 vote in favor. 67 68 At 6:34 p.m. the Closed Session adjourned on a motion by Mr. Rudasill which was seconded by Mr. 69 Ireton and approved by a 3-0 vote in favor; shortly thereafter at 6:35 p.m. Council convened in 70 Open Session whereby Vice-President Boda then reported that while in Closed Session Council had 71 discussed the acquisition of real property for a public purpose. 72 73 Thereafter, the Open Session immediately adjourned. 74 75 _______________________________ 76 City Clerk 77 78 _______________________________ 79 Council President 80 81 82

RESOLUTION NO. 1205

A RESOLUTION OF THE COUNCIL OF THE CITY OF SALISBURY,

MARYLAND, APPROVING A NEW CITY POLICY TO GRANT A PARTIAL CREDIT

TO WATER RATE PAYERS WHEN THEY HAVE EXPERIENCED AN UNUSUALLY

HIGH UTILITY BILL DUE TO A LEAK OR OTHER NON-BENEFICIAL USE OF WATER

WHEREAS, the City of Salisbury, maintains water and sewer utilityservice in the greater Salisbury area, and

WHEREAS, the City reads water meters on a quarterly basis and,

WHEREAS,-the homeowners and businesses,may experience a - -

major usage of water due to a leak, broken pipes, plumbing malfunctions

or other non-beneficial use of water, and not be aware of the problemuntil the next meter reading,

NOW, THEREFORE, BE IT RESOLVED that the Salisbury City Council

approves the attached policy governing the extension of a partial credit

to mitigate the extreme hardship often caused families and businesses

who are now required to pay the full cost of water consumed but from

which they did not receive any benefit.

AND, BE IT FURTHER RESOLVED, that this policy will apply to all non-

beneficial use of water cases that come to the attention of the Finance

Department after the effective date of this resolution.

THE ABOVE RESOLUTION was introduced and duly passed ata~ ,

meeting of the Council of the City of Salisbury, Maryland held on ~8 dayof ~ , 2005 and is to become effective immediately upon

adoption. _ _ . _

ATTEST:

Brend J. Coleg e ~ Michael P. Dunn

CITY CLERK PRESIDENT, City Council

iD~~.~~Barrie P. TilghmanMAYOR, City of Salisbury

Water and Sewer Utility Directive - No. l

Policy on Non-Beneficial Use of Water

It is the policy of the City of Salisbury to grant a credit to ratepayers who have

experienced a major usage of water due to a leak, broken pipes, plumbing malfunction or

other non-beneficial use of water. The following conditions must apply before the credit

may be granted:

The leak was such that it would not normally be detected.

A City employee has determined that the ratepayer was not able to make any use

of the water.

The ratepayer has promptly determined the reason for the problem or has hired a

plumber to ascertain the reason for the high consumption of water and the

problem is now fixed.

The amount of the increased consumption is at least three (3) times the average

consumption, for accounts with an average of 500 tg (thousand gallons) or less

per quarter, or two (2) times the average consumption for accounts with an

average consumption of greater than 500 tg.

This credit may apply to two or more quarterly bills if the problem occurred over

that period of time.

Ratepayers will be eligible for this credit for only one occurrence within a three

year period.

The credit will amount to 60% of the increased consumption over the.average .~. __ _ _ _ _ _ _ __consumption, or the consumption for the same period for the prior year, whichever is

greater. The average may be determined differently if there is insufficient history or

estimated readings.

The credit will be applied to both the water and sewer portions of the bill.

All credits to be granted under this policy must be approved by the Director of Finance.

RESOLUTION NO. 2741 1 2

A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND REPEALING 3 RESOLUTION NO 1205 AND TO APPROVE AN UPDATED CITY POLICY TO 4 GRANT A PARTIAL CREDIT TO WATER ACCOUNT HOLDERS WHEN 5 THEY HAVE EXPERIENCED AN UNUSUALLY HIGH UTILITY BILL DUE TO 6 A LEAK OR OTHER NON-BENEFICIAL USE OF WATER. 7 8 WHEREAS, the City of Salisbury maintains water and sewer utility service in the greater 9

Salisbury area; and 10 11 WHEREAS, the City reads water meter on a quarterly basis; and 12 13 WHEREAS; the homeowners and businesses may experience a major usage of water due to 14

a leak, broken pipes, plumbing malfunctions or other non-beneficial use of water, and not be aware 15 of the problem until the next meter reading. 16

17 NOW, THEREFORE, BE IT RESOLVED THAT CITY COUNCIL OF THE CITY OF 18 SALISBURY, MARYLAND, approves the attached revised policy governing the extension of a 19 partial credit to mitigate the extreme hardship often caused families and businesses by offsetting the 20 full cost of the water consumed but from which they did not receive any benefit. 21 22 AND, BE IT FURTHER RESOLVED, that this policy will apply to all non-beneficial use 23 of water cases that come to the attention of the Finance Department after the effective date of this 24 resolution. 25 26

This resolution was introduced, read and passed at the regular meeting of the Salisbury City 27 Council held on the ____day of __________ 2017 and is to become effective immediately upon 28 adoption. 29

30 31 ATTEST: 32 33 ___________________________________ __________________________________ 34 Kimberly R. Nichols, City Clerk John R. Heath, President 35

Salisbury City Council 36 37 38 APPROVED BY ME THIS ____ day of _______, 2017. 39 40 41 ________________________________________ 42 Jacob R. Day, Mayor 43 44 45

Water and Sewer Utility Directive

Policy on Non-Beneficial Use of Water – Revised September 1, 2016

Per Resolution No. 1205, it is the policy of the City of Salisbury to grant a credit to account holders who have experienced a major usage of water due to a leak, broken pipes, plumbing malfunction or other non-beneficial use of water. The credit will amount to 60% of the increased consumption over the average consumption, or the consumption for the same period for the prior year, whichever is greater. The average may be determined differently if there is insufficient history or estimated readings. The credit will be applied to both the water and sewer portions of the bill. The following conditions must apply before the credit may be granted:

The leak was such that it would not normally be detected by the account holder.

A City employee has confirmed that the high bill was due to a non-beneficial use of water. Beneficial Use of water includes, but is not limited to, using water for lawn irrigation, landscaping irrigation, washing vehicles, filling pools or in fountains. Per City Code 13.08.060, outside underground irrigation systems shall not be connected to the city's water supply system, unless there is a variance. Beneficial Use of water is not eligible for a credit under this policy.

The account holder has promptly determined the reason for the problem or has hired a plumber to ascertain the reason for the high consumption of water and has promptly resolved the problem. The account holder submits evidence that the problem is fixed. The Department of Public Works confirms that the leak has been repaired.

The amount of the increased consumption is at least three (3) times the average consumption, for accounts with an average of 500 thousand gallons or less per quarter, or two (2) times the average consumption for accounts with an average consumption of greater than 500 thousand gallons.

This credit may apply to no more than two quarterly bills that exceed three (3) times or two (2)

times depending on the criteria of the average consumption if it occurred in if all of the requirements are met during that period of time.

Account holders will be eligible for this credit for only one occurrence within a three year period. This will reset with a change in property ownership but not with a change in tenant.

A credit/refund towards the account will only be considered for the past two billing cycles (including current bill) with proper repair verification. In other words, leaks over six (6) months old will not be considered for refunds/credits.

Any adjustment made other than to the current bill will be left on the account as a credit towards the next bill. Refunds will be issued to whomever paid the invoice. If a refund would be issued within two (2) weeks of a new invoice, then it will be handled as a credit on the account.

Late fees will not be adjusted for non-payment.

This policy allows flexibility for the Director of Finance to resolve issues. All credits to be granted under this policy must be recommended by the Public Works Department and approved by the Director of Finance.

MEMO

OFFICE OF THE MAYOR To: Julia Glanz, Acting City Administrator From: Bill Garrett, Director of IT Subject: Cell Phone Policy & Stipend Date: January 30, 2017

Cell Phone Policy & Stipend

The City of Salisbury currently pays for employees to have work cell or smart phones for operation of their daily duties. Due to this, many employees carry around 2 cell or smart phones on a daily basis. By offering a stipend to encourage our staff to use personal devices, the city stands to save a significant amount of money. This, coupled with the fact that there is currently no policy in place for safe and efficient use of city-owned phones, has led me to draft this policy at the request of the administration. If the city is able to achieve 100% enrollment in this policy, it stands to save $13,512 annually. Below is a chart explaining the savings with a $20 stipend for a cell phone and $40 stipend for a smartphone: Total City Cell Phones: 48 Total City Smart Phones: 42

DEPT # Smart Phones # Cell Phones Current Annual Cost Proposed Annual Cost

Public Works 9 46 $21,084 $15,360 Business Dev. 1 $576 $480

BPI 2 $660 $480 Parking 3 $1,956 $1,440

Fire Dept 4 $2,496 $1,920 Police Dept 21 $14,448 $10,080

IT 4 $3,972 $1,920 TOTAL $45,192 $31,680

This annual savings in service contracts is further compounded by the City no longer having to purchase the cell or smart phone devices, or enter into multiple-year-long contracts with the service provider.

RESOLUTION NO. 2742 1 2

A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND ADOPTING A 3 CELL PHONE USE POLICY TO DEFINE GUIDELINES, RESTRICTIONS AND STIPENDS 4 REGARDING THE USE OF CELL PHONES BY CITY OF SALISBURY EMPLOYEES 5

6 7

WHEREAS, the City finds that it is in the best interest of the City employees and citizens that 8 it adopt a policy which will provide all City employees with the guidelines and limitations for 9 appropriate use of cell phones when conducting official business on behalf of the City; and 10

11 WHEREAS, the City believes that the use of cell phones by City employees is necessary for 12

the City to operate openly and efficiently; and · 13 14

WHEREAS, the City also recognizes that, since there is a potential for employee abuse of 15 such technologies, a personnel policy must be implemented which will identify acceptable employee 16 use of the defined technology resources; and 17

18 WHEREAS, the City has provided cell phones to certain City employees and paid for the full 19

contract for the provided cell phone; and 20 21 WHEREAS, the City desires to provide an optional allowance to be paid to certain City 22

employees who use their own cell phones to conduct official business on behalf of the City instead of 23 receiving a cell phone provided by the City; and 24

25 WHEREAS, the City believes the optional allowance will be beneficial to the City and the 26

City employees; and 27 28

WHEREAS, the City believes that it is in the best interest of the City to provide its 29 employees with a clearly defined policy of acceptable technology use. 30

31 NOW, THEREFORE, BE IT RESOLVED that the Salisbury City Council adopts the attached 32

Cell Phone policy. 33 34 35

THE ABOVE RESOLUTION was introduced and duly passed at a meeting of the council 36 of the City of Salisbury, Maryland held on the _____ day of __________, 2017 and is to become 37 effective ________________. 38

39 40 ATTEST: 41

42

__________________________ ____________________________ 43

Kimberly R. Nichols John R. Heath 44

CITY CLERK PRESIDENT, City Council 45

46

APPROVED by me this ______ day of ____________, 2017 47

48

__________________________ 49

Jacob R. Day 50

MAYOR, City of Salisbury 51

1 2

3

4

CellPhonePolicy5

6

7

Department of Information Technology 8

4/10/2017 9

10

11

12

13

1. Purpose 14

The purpose of this Policy is to establish consistent and clear rules for the issuance and/or use of cell 15

phones to conduct official business on behalf of the City of Salisbury (the City). 16

Definitions: 17

Cell Phone ‐ is any portable telephone that uses wireless cellular technology to send and 18

receive phone signals, texts and data. 19

Smartphone – is a cellular phone that performs many of the functions of a computer, 20

typically having a touchscreen interface, Internet access, and an operating system capable of 21

running downloaded applications. 22

Business Use – is any call, text or Internet connection made by an employee for the purpose 23

of conducting official City business in direct support of their assigned duties and 24

responsibilities. 25

Personal Use – is any call, text or Internet connection made by an employee when not 26

conducting official City business. 27

2. Scope28

This policy recognizes that certain City positions may require an employee to be readily accessible for 29

frequent contact outside normal working hours by other City staff and/or the public. The employee 30

may also be required to be away from their work location on a regular basis or their work location 31

may typically be within a vehicle. Furthermore, this policy recognizes that not all employees may 32

require the use of a cell phone for business use. 33

This policy outlines the procedures employees must follow to ensure appropriate, efficient, ethical 34

and legal use of a cell phone or smartphone. 35

3. Procedures36

Determining Eligibility – Ultimately, the Department Director is responsible for determining an 37

employee’s need for a phone within their respective department. 38

An employee requesting a cell phone or cell phone allowance must make the request to their 39

supervisor or division chief. Once requested, or if the supervisor or division chief determines that an 40

employee should require the use of a cell phone, the Department Director or his/her designee will 41

review that request and shall have final authority to deny, modify or approve any Department 42

cellphone request. 43

Determining Ownership and Payment – The City provides two options for employees that require 44

the use of a cell phone for business use. The City’s preferred option is to provide the employee with 45

a cell phone / smartphone allowance, but Departments may also provide a phone to an employee for 46

business use. 47

4. CellPhone/SmartphoneAllowance48

The Department Director or his/her designee shall determine when a cell phone allowance is in the 49

best interest of the City. The cell phone allowance will assist in reducing the cost of a cell phone or 50

smartphone to the employee for its City business use. 51

If the allowance received is equal to or less than the actual cost of the monthly cell phone service, 52

this allowance is in compliance with IRS notice 2011‐72 regarding Section 2043 of the Small Business 53

Jobs Act of 2010, Pub.L.No. 111‐240 that sets the guideline for cell phone allowances. The allowance 54

would be a nontaxable benefit. The allowance will not be considered as part of the employee’s base 55

salary, nor will it be used for purposes of determining annual raises, retirement benefits or other 56

benefits. 57

The cell phone allowance shall be set at $20.00 per month, and the smart phone allowance shall be 58

set at $40.00 per month, to be paid during normal payroll processing. The cell phone allowance 59

includes only cell and text usage, and the smart phone allowance includes cell, text and data usage of 60

the employee owned phone. Most providers offer unlimited minute, text and data plans and 61

employees are encouraged to consider such plans, as they may make the most financial sense when 62

the cell phone is used for both business and personal use. 63

An employee receiving the cell phone allowance must retain an active cell phone or smartphone as 64

long as the allowance is in place. The employee must provide any change in cell phone number to 65

his/her Department Director and immediate supervisor within 48‐hours of such change. Members 66

receiving a cell phone allowance are expected to carry the cell phone or smartphone on their person 67

both on and off duty and respond when called for City business. Additionally if an employee’s 68

monthly cell phone service charge becomes less than the monthly allowance, the employee must 69

notify the Department Director within 30‐days of such change. Failure to do so may subject an 70

employee to disciplinary action and require a refund to the City of the overpaid allowance payments. 71

The cell phone or smartphone under this option is considered a personal item, owned by the 72

employee. As such, the employee is responsible for all costs associated with replacing a lost, stolen 73

or damaged cell phone or smartphone. The employee is also responsible for all costs associated with 74

the purchase of accessories. 75

If, prior to the end of any vendor contractual obligations, a personal decision by the employee, or an 76

employee’s misconduct, or misuse of the cell phone or smartphone, results in the allowance being 77

discontinued, the employee will bear the cost of any fees associated with that change or 78

cancellation. 79

5. CityIssuedCellPhone80

The Department Director or his/her designee shall determine when a City provided cell phone is in 81

the best interest of the City. The City will pay 100% of the cost of the City‐issued cell phone and will 82

determine which service plan level and related options/accessories are required. 83

Normal wear and tear of this type of equipment is expected. If the City determines the equipment 84

needs repaired or replaced due to the employee’s negligence, the cost of repair and/or replacement 85

of the equipment will be the responsibility of the employee. 86

A City‐issued cell phone should be used for business use and emergency personal use only, and in 87

accordance with all departmental policies and procedures. 88

If the cell phone is being used inappropriately or for personal gain, as defined in the City of Salisbury 89

Computer Use Policy, Section 6, appropriate disciplinary action shall be taken. 90

6. GeneralUseConditions91

6.1. The Department Director and employee are jointly responsible for understanding the terms 92

of this Policy, as well as the specific wireless vendor’s contractual terms; for ensuring compliance 93

with this Policy; and understanding the consequences of noncompliance with this Policy. 94

6.2. To observe safe vehicle operations, whenever practical and safely possible, the employee 95

shall pull over to a safe off‐of‐the‐roadway location to initiate or to continue any non‐emergency call 96

when the use of a hands‐free device is not available. 97

6.3. Use of a cell phone or smartphone in any manner contrary to department protocol and local, 98

state, or federal laws will constitute misuse, and may result in appropriate employee discipline. 99

6.4. Employees who are charged with traffic violations resulting from the use of their cell phone 100

or smartphone while driving will be solely responsible for all liabilities that result from such actions. 101

6.5. The employee shall surrender all City‐issued cell phones and related equipment upon 102

termination or upon the direction of the Department Director or City Administrator. The cell phone 103

allowance will cease upon termination or upon the direction of the Department Director or City 104

Administrator. 105

6.6. An employee who receives a City‐issued cell phone shall be aware that all voice calls, data, 106

metadata, emails, texts and any other applicable forms of communication done on the City‐issued 107

phone may be deemed to be public records subject to disclosure under the Public Information Act, 108

and are subject to discovery and oversight/management from the Department of Information 109

Technology if City email is linked to the device. 110

6.7. An employee who receives a cell phone allowance shall be aware that voice calls, data, 111

metadata, emails, texts and any other applicable forms of communication to conduct official City 112

business may be deemed to be public records subject to disclosure under the Public Information Act, 113

and are subject to discovery and oversight/management from the Department of Information 114

Technology if City email is linked to the device. 115

6.8. An employee may request a cancellation of a City‐issued cell phone or of the cell phone 116

allowance at any time in writing to the employee’s authorizing manager (i.e. Department Director, 117

City Administrator or designee). The authorizing manager may approve or deny the request based on 118

the employee’s position and need of the employee to have a cell phone. 119

CELL PHONE AGREEMENT 120

The employee, by his/her signature, indicates that he/she has read, understands, and agrees to the City 121

of Salisbury’s Cell Phone Policy. 122

Employee’s Full Name: ______________________________________________ (please print) 123

Employee’s Signature: ______________________________________________ 124

Department: ______________________________________________________ 125

Date: _____________________________________________________________ 126

127

128

[Select One] 129

Cell Phone Allowance: 130

Amount Approved: _________________ Date to Start: ____________________ 131

Phone Number (Required): ___________________________________________ 132

133

By checking this box, I affirm that my monthly cell phone service charge is more than or 134

equal to the allowance being received. 135

136

City‐Issued Cell Phone: 137

Device Type: _______________________________________________________ 138

Model/Serial Number: _______________________________________________ 139

Phone Number: _____________________________________________________ 140

MEMORANDUM

To: City Council

From: Kim Nichols, City Clerk

Date: 4/5/17

Re: Waterside Community Garden

Attached is a resolution authorizing the Mayor to enter into a lease agreement with the Comite de Apoyo a Los Trabajadores Agricolas/The Farmworkers Support Committee (CATA) for use of City owned property for a community garden project. The property is located on land fronting Parsons Road adjacent to the Waterside Playground. Please see the terms and conditions of the proposed lease in the attached Agreement wherein CATA is acting as the legal Tenant.

RESOLUTION NO. 2743 1

2

A RESOLUTION OF THE COUNCIL OF THE CITY OF SALISBURY MARYLAND 3

AUTHORIZING THE MAYOR TO ENTER INTO A LEASE AGREEMENT WITH THE 4

COMITE DE APOYO A LOS TRABAJADORES AGRICOLAS/THE FARMWORKERS 5

SUPPORT COMMITTEE; HEREIN AFTER REFERRED TO AS “CATA” FOR USE OF CITY 6

PROPERTY FOR A COMMUNITY GARDEN 7

8

WHEREAS, The City of Salisbury desires to enter into an lease agreement with CATA, 9

to allow CATA to construct and operate a Community Garden Project on City property; and 10

11

WHEREAS, the City property is located on land fronting Parsons Road adjacent to the 12

Waterside Playground; and 13

14

WHEREAS, the terms and conditions of the proposed lease are set forth in the attached 15

Agreement wherein CATA is acting as the legal Tenant; and 16

17

NOW, THEREFORE BE IT RESOLVED that the Council of the City of Salisbury 18

authorizes the Mayor to enter into the aforementioned Lease Agreement with CATA. 19

20

THE ABOVE RESOLUTION was introduced and read and passed at the regular meeting 21

of the Council of the City of Salisbury held on this ____ day of ________, 2017 and is to 22

become effective immediately upon adoption. 23

24

25

ATTEST: 26

27

28

__________________________ ____________________________ 29

Kimberly R. Nichols John R. Heath 30

CITY CLERK PRESIDENT, City Council 31

32

APPROVED by me this ______ day of ____________, 2017 33

34

35

__________________________ 36

Jacob R. Day 37

MAYOR, City of Salisbury 38

LEASE 1 2 3 THIS AGREEMENT, made this _____ day of ____________, 2017, between the CITY OF 4

SALISBURY, (“Landlord”) and CATA, Inc. (Comite de Apoyo a los Trabajadores Agricolas/ The 5

Farmworkers' Support Committee), a domestic non-profit corporation of the State of New Jersey, 6

(“Tenant”). 7

1. Landlord hereby leases to the said Tenant a space for a community garden on a section 8

of City land fronting on Parsons Road adjacent to the Waterside Playground, as shown 9

on the attached Exhibit A. The Playground is designated as 1114 on a survey entitled 10

“Mitchell Park Subdivision” dated July 11, 1989, and recorded among the Land 11

Records for Wicomico County, Maryland, on October 30, 1990, in Liber 1023, Folio 12

46. In consideration thereof, the Tenant agrees to pay the Landlord the sum of One 13

Dollar ($1.00) per year due on the date of execution of this Lease Agreement. The term 14

of this Lease shall be ten (10) years. 15

2. Tenant hereby covenants with the Landlord as follows: 16

A) To clean and maintain the space in a satisfactory condition; 17

B) To remove any debris or litter on an “as needed” basis from the entire area; 18

C) To maintain the garden beds by weeding, planting, pruning and any other 19

appropriate need for a garden; 20

D) To maintain and mow any grassy areas on an “as needed” basis; 21

E) To maintain and/or replace, as necessary: 22

a. Permanent trash receptacles; 23

b. Identification signage; 24

c. Benches; 25

d. Raised garden beds; and 26

e. Shed. 27

F) To keep the premises in good order and to surrender the peaceful and quiet 28

possession of the same at the end of the said term in as good a condition as when 29

received, and further the Tenant will not do, suffer or permit anything to be done in 30

or about the premises which will contravene any policy of insurance of the 31

Landlord, nor use, nor permit its use for the purposes other than those of public 32

gardening. Tenant further covenants that it will not at any time assign this 33

agreement, or sublet the property or any portion thereof, without the written consent 34

of the Landlord, or its representatives. Tenant further covenants that no alterations 35

or repairs will be made to the leased premises without the prior consent of the 36

Landlord, and that, any alterations or repairs the Tenant will be permitted to make 37

will be completed at Tenant’s own expense unless otherwise agreed to by Landlord. 38

G) To provide the Landlord with a Certificate of Insurance naming the Landlord as an 39

additional insured. Such certificate will evidence that the Tenant has insurance in 40

the following amounts: General Commercial Liability (General Aggregate 41

$2,000,000; each occurrence $1,000,000; Fire Damage $300,000; and Medical 42

Expense $10,000). 43

H) To permit access to the space by authorized agents of Landlord or its employees. 44

I) To comply with all Landlord ordinances and other rules and regulations. 45

J) To cooperate fully with routine or emergency activities of Landlord’s agencies. 46

K) To ensure that no lewd or indecent actions, conduct, language, pictures or portrayals 47

be included in the activities or events presented by Tenant at the space, and nothing 48

is to be presented, used, sold or solicited that is against the law, or contrary to, or 49

forbidden by, the laws and other rules and regulations of the Landlord and the laws 50

of the State of Maryland. Tenant agrees to abide by and to be bound by the 51

decisions of the Landlord should any questions of propriety arise under this 52

paragraph. 53

L) To have all facades, signs, etc. approved by the Department of Building, Permitting 54

& Inspections. 55

3. All improvements, as needed, will be at the expense of the Tenant. 56

4. All utility costs such as water, electricity, etc., will be at the expense and responsibility 57

of the Tenant. 58

5. Tenant knows, understands, and acknowledges the risks and hazards associated with 59

using the space and hereby assumes any and all risks and hazards associated therewith. 60

Tenant hereby irrevocably waives any and all claims against the City and any of its 61

officials, employees, or agents for any bodily injury (including death), loss or property 62

damage incurred by the Tenant as a result of using the space and hereby irrevocably 63

releases and discharges the City and any of its officials, employees or agents from any 64

and all claims of liability arising out of or associated with the use of the space. 65

6. Indemnification. Tenant shall defend, indemnify and hold Landlord and its officials, 66

employees, or agents harmless from and against all claims, liabilities, judgments, fines, 67

assessments, penalties, awards, or other expenses, of any kind or nature whatsoever, 68

including, without limitations, attorneys’ fees, expert witness fees, and costs of 69

investigation, litigation or dispute resolution, relating to or arising out of the use of the 70

space. 71

7. Tenant will pay the Landlord for any and all physical loss or damage to the leased 72

premises caused by, arising out of, relating to or associated with the use of the property 73

by the Tenant or by Tenant’s members, employees, agents, or invitees. 74

8. IT IS FURTHER AGREED that if the Tenant violates any of the aforegoing covenants 75

on its part herein made, the Landlord will have the right without formal notice to reenter 76

and take possession of said land associated with this Lease Agreement and to cause the 77

benches, garden beds and shed to be removed at the sole expense of Tenant or to remain 78

on the property of the Landlord, at the option of the Landlord. 79

IN WITNESS WHEREOF, the said parties have hereunto subscribed their names and 80

affixed their seals the day and year first before written. 81

82

ATTEST: CITY OF SALISBURY 83

84 ______________________________ ______________________________ 85 Kimberly R. Nichols Jacob R. Day 86 City Clerk Mayor 87 88

89

ATTEST: Comite de Apoya a los Trabajadores 90 Agricoles, Inc. (CATA) 91

92 93

________________________________ BY_________________________(SEAL) 94 Leila Borrero Krouse 95 CATA Organizer 96 97

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1

RESOLUTIONNO.27441 2 3

A RESOLUTION of the City of Salisbury proposing to amend4 and clarify certain terms of the Annexation Agreement5 associated with property that was the subject of the 20076 “DagsboroRoad–FaithBaptistChurchAnnexation.”7 8 9

WHEREASFaithBaptist Churchof Salisbury,MD, Inc , togetherwith its previously10

designateddeveloperVernonL.Esham,enteredintoanAnnexationAgreementwiththeCity11

ofSalisburyonFebruary5,2007;and12

WHEREASsaidAgreement includedaConceptDevelopmentPlandetailingcertain13

residential uses intended for the property, and “Development Considerations” associated14

withtheanticipatedresidentialdevelopment;and15

WHEREASconditionsbeyondthecontroloftheownerhaverenderedtheresidential16

development of this property financially unviable in the recent past and at present time;17

and18

WHEREAS theownerhas requested that the allowedusesunder the termsof the19

abovereferencedAnnexationAgreementbeexpandedtoincludea“SolarFarm”,asdefined20

under the Zoning Code, and that certain “Development Considerations” be clarified to21

confirmtheirrequirementisapplicabletoresidentialdevelopment.22

NOW,THEREFORE,BEITRESOLVEDBYTHECOUNCILOFTHECITYOFSALISBURY23

THATtheConceptDevelopmentPlanreferencedinthesubjectAnnexationAgreementbe24

amendedtoincludea“SolarFarm”asanacceptableuse,subjecttothetermsandconditions25

oftheZoningCode;26

ANDBEITFURTHERRESOLVEDBYTHECITYOFSALISBURY,THATallpreviously27

agreedtermsandconsiderations,includingroadway/utilityconstructionanddevelopment28

assessmentsperdwellingunitremainasarequirementoffutureresidentialconstruction.29

2

ANDBEITFURTHERRESOLVEDBYTHECITYOFSALISBURY,thattheCouncilhold30

apublichearingontheannexationherebyproposedon________________,2017,at6:00p.m.in31

the Council Chambers at the City‐CountyOffice Building and the CityAdministrator shall32

causeapublicnoticeoftimeandplaceofsaidhearingtobepublishednotfewerthanfour33

(4)timesatnotlessthanweeklyintervals,inatleastonenewspaperofgeneralcirculation34

intheCityofSalisbury,whichsaidnoticeshallspecifyatimeandplaceatwhichtheCouncil35

oftheCityofSalisburywillholdapublichearingontheResolution,whichdateshallbeno36

soonerthan15daysafterthefinalrequireddateofpublicationspecifiedabove.37

ANDBE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF SALISBURY,38

THATthisresolutionshalltakeeffectupontheexpirationofforty‐five(45)daysfollowing39

its final passage, subject, however, to the right of referendum as contained in the Local40

GovernmentArticleoftheMarylandCode.41

TheaboveResolutionwasintroduced,readandpassedattheregularmeeting42

oftheCounciloftheCityofSalisburyheldonthe_____dayof______________,2017,havingbeen43

dulypublishedasrequiredbylawinthemeantimeapublichearingwasheldonthe____day44

of___________,2017,andwasfinallypassedbytheCouncilatitsregularmeetingheldonthe45

____dayof____________________________,2017.46

47

ATTEST48

___________________________________ _____________________________________49 KimberlyR.Nichols, JohnR.Heath,50 CityClerk CouncilPresident51 52 53 APPROVEDBYMEthis_____dayof__________________,2017.54 55 56 57 ____________________________58 JacobR.Day,59 Mayor60

ORDINANCE NO. 2419 1 2

AN ORDINANCE OF THE CITY OF SALISBURY APPROVING AN AMENDMENT 3 OF THE FY17 BUDGET TO APPROPRIATE FUNDS FOR TRAFFIC EQUIPMENT 4 AND OPERATING. 5 6 WHEREAS, as a result of a work performed by the Wicomico County Board of 7 Education for the construction of Bennett High School, improvements to street lights 8 were required along College Avenue; and 9 10 WHEREAS, the City of Salisbury Traffic Division of the Public Works Department 11 purchased and installed the necessary street lights; and 12 13 WHEREAS, the Wicomico County Board of Education reimbursed the City for actual 14 material expenses; and 15 16 WHEREAS, the Street Lighting budget should be increased to accommodate these 17 efforts. 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 20 OF SALISBURY, MARYLAND that the City’s Fiscal Year 2017 budget and Street 21 Lighting budget be and are hereby amended as follows: 22 23

1. Increase the Miscellaneous Revenue (01000-456911) account by $14,941.00 24 2. Increase the Highway Lighting (31152-556201) account by $14,941.00 25

26 BE IT FURTHER ORDAINED that this Ordinance shall take effect from and after the 27 date of its final passage. 28 29 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 30 Salisbury held on the ___ day of _________, 2017, and thereafter, a statement of the 31 substance of the Ordinance having been published as required by law, was finally passed 32 by the Council on the ___ day of ________, 2017. 33 34 35 ATTEST 36 37 ___________________________________ __________________________________ 38 Kimberly R. Nichols, City Clerk John R. Heath, President 39

Salisbury City Council 40 41 42 APPROVED BY ME THIS ____ day of _______, 2017. 43 44 ___________________________________ 45 Jacob R. Day, Mayor 46

CITY OF SALISBURY€¦ · Ordinance No. 2419 – 1st reading ‐ approving an amendment of the FY17...

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Transcript of CITY OF SALISBURY€¦ · Ordinance No. 2419 – 1st reading ‐ approving an amendment of the FY17...