SALISBURY CITY COUNCIL WORK SESSION AGENDA ... · 2018-08-02 · The EECP is a combination of...

SALISBURY CITY COUNCIL

WORK SESSION AGENDA

‐‐‐‐‐‐‐‐‐‐‐‐‐

AUGUST 6, 2018

COUNCIL CHAMBERS

GOVERNMENT OFFICE BUILDING

4:30 p.m. Presentation – Reducing Implicit Bias in the Hiring Process‐ Julia Glanz

4:50 p.m. National Folk Festival update‐ Caroline O’Hare, Local Manager, National Folk Festival

5:15 p.m. Delmarva Power “Energy Efficient Communities” MOU‐ Jennifer Miller

5:30 p.m. Text Amendment‐ Multi‐Use Definition‐ Anne Roane

5:45 p.m. Text Amendment‐ College and University District‐ Anne Roane

6:00 p.m. Ethics Code Amendment – Mark Tilghman

6:15 p.m. Council discussion

6:20 p.m. Adjournment

Times shown are approximate. Council reserves the right to adjust the agenda as circumstances warrant. The Council reserves the right to convene in Closed Session as permitted under the Annotated Code of Maryland 3‐305(b).

Posted 8/1/18

To: Mayor and City Council From: Jennifer Miller

Director of Procurement Date: July 25, 2018 Subject: Delmarva Power & Light “Energy Efficient Communities” MOU Attached is a Resolution and supporting reference material that would allow the City to participate in

the Delmarva Power & Light “Energy Efficient Communities” program by way of a Memorandum of

Understanding. Participation in this program would provide the City with the opportunity to receive

incentive payments for approved energy efficiency measures.

Thank you.

cc Andy Kitzrow

/26/2018

Frequently Asked Questions

Who is eligible to participate in the Energy Efficient Communities Program (EECP)? Any city, municipal, county, or town government agency paying into the EmPOWER Maryland fund with an active Maryland Delmarva Power commercial or industrial electric account and a monthly demand greater than 60kW over a 12-month period.

What are the program requirements? All participants in the EEC Program must take the following actions:

Sign a Memorandum of Understanding (MOU) that details the program expectations Identify an Energy Champion, or the person that will be the main point of contact for the

program team, attend required meetings and trainings, and assist with program applications Meet with the Delmarva Power program team quarterly to review program details and goals Develop an implementation plan to identify goals, facilities, measures, and a timeline Receive pre-approval for each project Send at least one employee to complete an Operations and Maintenance (O&M) Training

during the 2018-2020 Program cycle Submit a minimum of one application per year over the 3-year cycle (2018-2020), including at

least one non-Prescriptive Program application

What types of measures and projects qualify for this program?

The EECP is a combination of Delmarva Power’s Energy Savings for Business portfolio of programs. Prescriptive measures, Custom measures, New Construction, Building Tune-up, and Combined Heat and Power (CHP) are all eligible. Each organization will work with your designated Delmarva Power Account Executive to identify qualifying projects.

ENERGY EFFICIENT COMMUNITIES FREQUENTLY ASKED QUESTIONS

April 2018

This program supports the EmPOWER Maryland Energy Efficiency Act. © Delmarva Power, 2017

Page 24/26/2018

o Examples of Prescriptive projects include, but are not limited to: Street lighting Interior/Exterior Lighting and Controls Chillers Commercial Appliances and Kitchen Equipment HVAC units Variable Frequency Drives

o Examples of non-Prescriptive projects include, but are not limited to: Compressed Air Measures Data Center Equipment Building Envelope Measures Building Control Systems Building Tune-Up Monitoring-Based commissioning Combined Heat and Power

For additional information, please visit delmarva.com/saveenergy

My organization has only one project that qualifies for funding under this program. Can we still participate?

This Program is designed to develop a comprehensive program plan over three (3) years. We are happy to work with you to identify additional projects, but if you decide that this will be a one-time initiative, we can work with you to submit this project under another Energy Savings for Business program. For additional information on our other programs, please visit delmarva.com/saveenergy.

I don’t have the resources to develop an implementation plan for my organization. Can I still participate?

Delmarva Power is happy to help assist you through the process of identifying potential projects and walking through the applications. You will need to provide a main point of contact who is responsible for managing your project(s). The point of contact, or Energy Champion, will be the person responsible for getting pre-approval for the project, participating in an O&M Training course, and meeting regularly with the Delmarva Power team to check on status and compliance.

What is the deadline for project completion?

All project work must be completed and installed by June 30, 2021 to qualify for the program and received funding.


Page 34/26/2018

Why should I participate in this Program instead of the other Energy Savings for Business programs? The EECP is designed to help your organization identify projects that will work together to help you save energy and money. By enrolling in this program and committing to working with us on multiple projects, we will agree to lock in the current incentive rates for the duration of the MOU agreement. If incentives decrease during that time, your project will still be held to the higher incentives that were part of the pre-approval process. If the incentives are increased, we will honor the higher amounts. As an added bonus, we will also cover the cost of one (1) O&M Training course that is required for this program.

How can I learn more about the Program? For more information on the program and to address any questions, please reach out to [email protected].

Delmarva Power Energy Savings for Business Programs Contact Delmarva Power: 1-866-353-5799 │ [email protected]

WHEREAS, Delmarva Power & Light Company ("the Utility") offers to pay incentives through the Energy Efficient Communities Program (“the Program”) to qualified municipalities and other government customers for including energy efficiency measures into their new and/or existing facility; and

WHEREAS, ICF ("the Program Administrator") implements the Program on behalf of the Utility; and

WHEREAS, Customer is the owner of a facility, identified below, (‘the Customer”); and

WHEREAS, the Customer agrees to comply with Program requirements; and

NOW THEREFORE, in consideration of the above Recitals, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties to this MOU ("the Parties"), intending to be legally bound, hereby agree as follows:

1. INCENTIVE PAYMENTS

The Utility will pay incentives, as defined in the Delmarva Power Energy Savings for Business Prescriptive, Custom, New Construction, and Building Tune-Up Programs Application(s), for energy efficient measures outlined in the Attachment(s) attached hereto and incorporated herein by reference, after review and approval by the Utility in accordance with Section 2 below. The estimated amount of the incentives will be set with the Pre-Approval email issued during review for each program for which an application is submitted. The Utility will calculate and approve the incentive amounts and issue payment by check in accordance with Section 3 below.

2. PROGRAM REQUIREMENTS

The Customer must meet all requirements outlined in Attachments A and B. The Customer will meet with the pre-determined Utility representative (Account Executive) to discuss, and determine, which measures are feasible for the Program and outline the measures, estimated kWh savings, and expected completion dates. The Utility will review and approve all deliverables in accordance with Attachment A during each application review. Adjustments may be made to the pre–approved incentives based on final design efficiency measures. Additional Terms & Conditions are noted, and listed, on each Program's specific technical sheets.

3. TIMEFRAME FOR INCENTIVE PAYMENTS

The Utility will pay incentives within four to six weeks of each completed application and final project approval.

4. ENTIRE AGREEMENT

This MOU, including the following attachment(s) contains the entire agreement among the Parties and supersedes all prior agreements and representations, as well as other communications and representations, with respect to the subject matter of this MOU.

Attachment A – Program Requirements Attachment B – Implementation Plan

ENERGY EFFICIENT COMMUNITIES MEMORANDUM OF UNDERSTANDING


If either the Utility or the participating Customer desires to modify this MOU, the modification must be in writing and signed by an authorized representative of the Customer and the Program Administrator in order for the modification to be valid.

5. COMMENCEMENT AND DURATION

This MOU will l commence as of the date it has been signed by both the Customer and the Program Administrator and will continue to remain in effect until the work outlined in the Attachments is completed, unless terminated prior thereto in accordance with Section 11, below.

6. GOVERNING LAW

This MOU will be construed and interpreted in accordance with the laws of the State of Maryland without giving effect to principles of conflict of law.

7. FORCE MAJEURE

In the event that either the Customer or the Utility is unable to perform any of its respective obligations in this MOU and such non–performance is caused by acts of God, civil insurrection, acts of a public enemy, accidents, acts of a civil or military authority, floods, earthquakes or winds, or similar situations beyond the reasonable control of the Parties concerned, such failure to perform will not constitute a breach of this MOU.

8. NOTICES

All notices given under this MOU must be in writing and delivered personally or by certified mail, return receipt requested and postage prepaid, to the other parties at the address provided below. Notice will be deemed given as of the date of delivery in the case of personal notice; in the case of mailing by certified mail, notice shall be deemed given on the date of mailing.

To Utility (Name and Address):

To Customer (Name and Address):

9. DISPUTE RESOLUTION

In the event of a dispute between the parties which cannot be informally resolved, the following procedure will apply.

9.1 Notice of Dispute. A Party will deliver a written notice ("Dispute Notice") to the other describing the nature and substance of any Dispute (as defined below) and proposing a resolution of the Dispute.

9.2 Executive Negotiation. During the first thirty (30) days following the delivery of the Dispute Notice (and during any extension agreed to by the Parties, the "Negotiation Period") an authorized executive officer of each Party will attempt in good faith to resolve the Dispute through negotiations. If such negotiations result in an agreement in principle among such negotiators to settle the Dispute, they will cause a written settlement agreement to be prepared, signed and dated (an Executive Settlement"), whereupon the Dispute will be deemed settled, and not subject to further dispute resolution.

9.3 Alternative Dispute Resolution. (i) The Parties acknowledge that it is in their best interests to resolve any dispute, claim or controversy arising out of or relating to this MOU (any such dispute, claim or controversy, a “Dispute”), in accordance with the dispute resolution procedures set forth herein and (2) agree to use their best efforts so to resolve any such Dispute. Without limitation, such efforts will include mandatory submission of a Dispute to non–binding mediation. Should such Dispute not be resolved within 90 days after the issuance by one of the Parties of a written Request for Mediation (or such longer period as the parties may agree), each Party may seek other legal recourse. (ii) Notwithstanding the above, either Party may seek injunctive relief to enforce its rights with respect to the use or protection of (1) its confidential or proprietary information or material or (2) its


names, trademarks, service marks or logos, in a court of competent jurisdiction. The Parties consent to the personal jurisdiction thereof and to sole venue therein only for such purposes.

9.4 Tolling of Statute of Limitations. The initiation of any Dispute Resolution Procedure under this Section 9, to the extent permitted by applicable law, will, upon the delivery of a Dispute Notice, suspend the running of the statute of limitations applicable to the Dispute described in such Dispute Notice until fourteen (14) calendar days after the conclusion of all such Dispute Resolution procedures.

10. TERMINATION

If the Customer is not engaged in a continuous effort in accordance with the MOU by the end of one year from the date this MOU is signed, the Utility may cancel this MOU and reject the Customer’s application.

11. GENERAL

11.1 Neither Party will be bound by any undertaking, representation or warranty not recorded herein or added hereto as provided herein.

11.2 No purported oral modification or waiver of any provisions of this MOU by an employee or agent of either Party will operate as a modification or waiver of any of the provisions of the MOU. No waiver of any provision of this MOU will be binding on either Party unless set forth in writing signed by an authorized agent of the Party.

11.3 No failure or delay on the part of either Party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Parties would otherwise have.

11.4 If any clause or term of this MOU should be invalid, unenforceable or illegal, then the remaining terms and provisions of this MOU will be deemed to be severable therefrom and will continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this MOU.

11.5 Each Party will pay its own costs relating to the preparation and execution of this MOU.

11.6 This MOU will inure to the benefit of and be binding upon the successors and permitted assigns of the Parties. Neither this MOU nor any rights or obligations hereunder may be assigned by any Party without the prior written consent of the other Party; provided, however, that no such consent will be required in the event of an assignment by a Party to a “related party.” For purposes of this paragraph “related party” means (a) a surviving or successor company to a Party in the event of a merger or consolidation, (b) a company owned by a Party, (c) a company that owns a Party, or (d) a company that is owned by another company which also owns a Party; in clauses (b), (c), and (d) “owned” or “owns” includes direct or indirect ownership.

11.7 As the MOU was negotiated by the Parties, the rule of construction that the contract will be interpreted against the Party responsible for the drafting or preparation of this MOU will not apply.

11.8 This MOU may be signed in counterparts, each of which will be deemed to be an original, but both of which, taken together, will constitute one and the same instrument.


IN WITNESS WHEREOF, the Parties have executed this Memorandum of Understanding as of the date written below.

PROGRAM ADMINISTRATOR REPRESENATIVE

Signature:

Name:

Title:

Date:

CUSTOMER REPRESENTATIVE

Signature:

Name:

Title:

Date:

Delmarva Power Energy Savings for Business Program

Contact: 1-866-353-5799 | [email protected]

Under the signed MOU, the Customer agrees to meet the following requirements in order to qualify for incentive funding:

Requirement 1 – Sign Memorandum of Understanding (MOU)

Participation in the Energy Efficient Communities Program requires signature of the Memorandum of Understanding outlined in the first tab of this document. This MOU details the program expectations and requirements, which must be met in order to receive Program funding.

Requirement 2 – Identify Energy Champion

The Customer will identify a point of contact that will be referred to as the Energy Champion. The Energy Champion is responsible for overseeing the projects identified under the Implementation Plan (Attachment B) and ensuring that they adhere to the Program requirements. The Energy Champion will be involved in the application process, attend trainings, meet with the Program team quarterly, and complete or oversee the completion of any and all tasks required to participate.

Requirement 3 – Complete Implementation Plan

The Customer will work with the assigned Account Executive (to be provided by the Delmarva Power team) to submit the Implementation Plan (Attachment B). The Implementation Plan will identify the projects, facilities, timelines, budgets, etc. EEC participants are required to complete one (1) application per year that they are in the Program, with at least one (1) project for a non-prescriptive measure. Additional details are provided in Requirement 6.

BONUS: For completing the implementation plan, incentive levels will be locked in at the time of pre-approval to avoid any decreases in rebate amounts. If incentive levels decrease during the customer's participation, the higher rebate levels will be honored.

Requirement 4 – Attend Quarterly Meetings

The Energy Champion will meet with the Delmarva Power Team (which will include the Account Executive, at a minimum) on a quarterly basis to monitor the status of the projects, identify any issues, discuss any new opportunities, etc. These meetings will be used to ensure compliance.

ENERGY EFFICIENT COMMUNITIES ATTACHMENT A

PROGRAM REQUIREMENTS


Requirement 5 – Attend Operations and Maintenance (O&M) Training

At least one (1) employee from the Customer's team, ideally the Energy Champion, will complete a pre-approved O&M training within the first year of Program participation. There are multiple training opportunities that can be selected, but the Customer must work with the Account Executive to identify eligibility before participating.

BONUS: The cost of one training will be covered 100% through the EEC program. Customers are welcome to attend or send one or more staff members to additional trainings, but those would be at the Customer's expense.

Requirement 6 – Submit Project Applications

Customers will be required to submit at least one (1) project per year for the duration of the MOU. At least one (1) of these projects must be for a non-prescriptive measure/project. All projects are subject to the terms of the appropriate Technical Sheets. All project work must be completed by June 30, 2021 in order to receive funding.



Requirement 1 – Sign Memorandum of Understanding (MOU)

Date Signed by all Parties

Requirement 2 – Identify Energy Champion

Name of Energy Champion Job Title

Street Address Phone Number

Email

Requirement 3 – Complete Implementation Plan

Date Submitted

Date Approved

Requirement 4 – Attend Quarterly Meetings

Date of 1st Meeting/Kickoff

Requirement 5 – Attend Operations and Maintenance (O&M) Training

Pre-Approved Educational Course / Certification

Name of Applicant

Applicant's Job Title

Estimated Expected Completion Date

ENERGY EFFICIENT COMMUNITIES ATTACHMENT B

IMPLEMENTATION PLAN


Requirement 6 – Submit Project Applications

Program

Building Name

Building Account Number

Building Address

Service Provider (if applicable)

Identified Energy Efficient Measure

Measure Quantity

Estimated kWh Savings

Estimated Incentive


Program

Building Name


Building Address



Measure Quantity


Estimated Incentive


Program

Building Name


Building Address



Measure Quantity


Estimated Incentive


Program

Building Name


Building Address




Measure Quantity


Estimated Incentive


Program

Building Name


Building Address



Measure Quantity


Estimated Incentive




RESOLUTION NO. ______ 1 2

A RESOLUTION OF THE CITY OF SALISBURY, MARYLAND AUTHORIZING THE MAYOR TO 3 ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH DELMARVA POWER AKA 4 DELMARVA POWER & LIGHT COMPANY, TO BE AN ENERGY EFFICIENT COMMUNITY. 5 6 WHEREAS, the City of Salisbury is in the process of contracting with a company for a 7 guaranteed energy savings program; and 8 9 WHEREAS, Delmarva Power has an Energy Efficient Communities Program for qualified 10 municipalities which provides incentive payments for providing energy efficient measures in the City’s 11 facilities; and 12 13 WHEREAS, if implemented, the guaranteed energy savings program will include energy efficient 14 measures that will qualify for the Energy Efficient Communities Program; and 15 16 WHEREAS, the City of Salisbury has determined that this energy efficient incentive program 17 will be a benefit to the City. 18 19 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF 20 SALISBURY, MARYLAND that the Mayor is authorized to enter into a Memorandum of Understanding 21 with Delmarva Power & Light Company for the purpose of being qualified as an Energy Efficient 22 Community and to allow the City to apply for incentives based on future energy efficient measures 23 implemented in the City of Salisbury. 24 25 BE IT FURTHER ENACTED AND RESOLVED that the Mayor is hereby authorized to 26 negotiate, execute and deliver all documents on behalf of the City of Salisbury in connection with the 27 Memorandum of Understanding with Delmarva Power & Light Company and to take any action which is 28 necessary to consummate the transactions approved. 29 30 AND BE IT FURTHER ENACTED AND RESOLVED that this resolution shall take effect from 31 the date of its final passage. 32 33 THE ABOVE RESOLUTION was introduced, read and passed at the regular meeting of the 34 Council of the City of Salisbury held on this ___ day of _________, 2018, and is to become effective 35 immediately upon adoption. 36 37 38 ATTEST 39 40 41 Kimberly R. Nichols, City Clerk John R. Heath, President 42 Salisbury City Council 43 44 Approved by me this ___ day of ________________, 2018 45 46 47 Jacob R. Day, Mayor 48

ORDINANCE No. ___ 1 2 A ORDINANCE OF THE CITY OF SALISBURY, MARYLAND PURSUANT TO 3 CHAPTER 17.228 OF TITLE 17, ZONING OF THE SALISBURY MUNICIPAL CODE 4 AND SECTION 4.04 OF ARTICLE 66B OF THE ANNOTATED CODE OF MAYRLAND 5 FOR THE PURPOSE OF AMENDING SECTIONS 17.04.120, AND 17.76.020A TO 6 DEFINE MULTI-USE FACILITY AND TO ALLOW MULTI-USE FACILITIES AS A 7 PERMITTED USE. 8 9

WHEREAS, the ongoing application, administration and enforcement of Title 17, 10

Zoning of the Salisbury Municipal Code, demonstrates a need for periodic review, evaluation, 11

and amendments that will keep Title 17 current; and 12

WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury 13

Municipal Code, pursuant to the authority granted by Article 66B of the Maryland Annotated 14

Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning, 15

of Title 17, Zoning; and 16

WHEREAS, the Mayor and City Council requested that the Salisbury Planning and 17

Zoning Commission periodically review Title 17 in light of existing procedural practices and 18

input from the City Council and members of the public; and 19

WHEREAS, Robert B. Taylor, Esq., on behalf of Devreco Glen, LLC submitted an 20

application to amend the text of the definition of a Multi-Use Facility and to allow Multi- Use 21

Facilities as a permitted use in the Light Industrial zoning districts; and 22

WHEREAS, a Public Hearing on the proposed amendment was held by the Planning 23

Commission in accordance with the provisions of Chapter 17.228, of Title 17, Zoning, of the 24

Salisbury Municipal Code on May 17, 2018; and 25

WHEREAS, the Planning Commission did recommend approval of the proposed text 26

amendments to Sections 17.04.120, and 17.76.020A; 27

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF 28

SALISBURY, MARYLAND, that Title 17, Zoning, of the Salisbury Municipal Code is hereby 29

amended as follows: 30

AMEND SECTION 17.76.020A. Permitted Uses, by adding the following item: 31 32 32. Multi-Use Facility 33 34 AMEND SECTION 17.04.120 Definitions, by adding the following item: 35 36 “Multi-Use Facility” – two or more similar or different uses on a lot or parcel that 37 are conducted in physically separate areas and permitted inherently or otherwise in 38 the district in which located, provided that the lot or parcel and improvements 39 thereon satisfy the total parking, lot area and other requirements of the uses; the 40 facility shall not be deemed to be a shopping center if the total floor area of the uses 41 in which the principal activity is on-site retail sales does not exceed one-third of the 42 gross floor area of the entire facility.” 43

44 AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY, 45

MARYLAND, that this Ordinance shall take effect from and after the date of its final passage, 46

but in no event until ten (10) days after the date of the Council’s Public Hearing, and ___ day of 47

_____, 2018. 48

49 THE ABOVE RESOLUTION was introduced at a meeting of the Council of the City of 50

Salisbury, Maryland held August 6, 2018 and duly passed at a Public Hearing held 51

on___________, 2018 and is to become effective on _____________, 2018. 52

53

ATTEST: 54

________________________________ ______________________________ 55 Kimberly R. Nichols John R. Heath, City Council President 56 CITY CLERK 57 58 59

APPROVED BY ME THIS 60

____ day of _____________, 2018 61 62 ________________________________ 63 Jacob R. Day MAYOR, City of Salisbury 64 65 66

1

ORDINANCE NO.___ 2

3

4

AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND, 5

PURSUANT TO CHAPTER 17.228 OF TITLE 17, ZONING OF THE 6

SALISBURY MUNICIPAL CODE AND SECTION 4-102 OF THE LAND 7

USE ARTICLE OF THE ANNOTATED CODE OF MARYLAND FOR THE 8

PURPOSE OF AMENDING SECTION 17.20.020 TO ADD HOTEL OR 9

MOTEL AS A PERMITTED USE IN THE COLLEGE AND UNIVERSITY 10

DISTRICT. 11 12

WHEREAS, the ongoing application, administration and enforcement of Title 17, Zoning 13

of the Salisbury Municipal Code, demonstrates a need for periodic review, evaluation and 14

amendments that will keep Title 17 current; and 15

WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury 16

Municipal Code, pursuant to the authority granted by MD Code, Land Use, § 4-101, et seq. and in 17

accordance with specific provisions of Chapter 17.228, Amendments and Rezoning of Title 17, 18

Zoning; and 19

WHEREAS, the Mayor and City Council requested that the Salisbury Planning and 20

Zoning Commission periodically review Title 17 in light of existing procedural practices and input 21

from the City Council and members of the public; and 22

WHEREAS, Piraeus Realty Corp. submitted an application to amend the text of Chapter 23

17.20 (College and University District), specifically the addition of a new item “N” to Section 24

17.20.020; and 25

WHEREAS, a Public Hearing on the proposed amendment was held by the Salisbury 26

Planning and Zoning Commission in accordance with the provisions of Chapter 17.228, of Title 27

17, Zoning, of the Salisbury Municipal Code on June____, 2018; and 28

WHEREAS, the Salisbury Planning and Zoning Commission did recommend approval of 29

the proposed text amendment to Section 17.20.020. 30

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF 31

SALISBURY, MARYLAND, that Title 17, Zoning, of the Salisbury Municipal Code is hereby 32

amended as follows: 33

AMEND SECTION 17.20.020, PERMITTED USES, BY ADDING ITEM N 34

AS FOLLOWS: 35

36

N. HOTEL OR MOTEL. 37 38

AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY, 39

MARYLAND, that this Ordinance shall take effect from and after the date of its final passage, but 40

in no event until ten (10) days after the date of the Council’s Public Hearing, and 41

THE ABOVE ORDINANCE was introduced at a meeting of the Council on the ___ day 42

of _______________ 2018, and thereafter, a statement of the substance of the ordinance having 43

been published as required by law, in the meantime, was finally passed by the Council on ____ 44

day of _____________, 2018. 45

46

47

ATTEST: 48

49

50 _________________________ ______________________________ 51

Kimerly R. Nichols John R. Heath, President 52

City Clerk Salisbury City Council 53

54

55

56

Approved by me this 57

58

_______ day of ________________, 2018. 59

60

61

__________________________________ 62

Jacob R. Day 63

Mayor of the City of Salisbury 64

To: JuliaGlanz,CityAdministrator

From: S.MarkTilghman,CitySolicitor

Date: July11,2018

Re: Ordinance–EthicsCodeAmendment

TheStatehaschangedthelocalgovernmentrequirementsofthePublicEthicsLaw,tobeenactedandeffectiveasofJanuary1,2019.Therequiredchangesare:

1. PrecludesMayor,anelectedofficialoramemberoftheCityCouncilfromlobbying(legislativematters)foronecalendaryearafterleavingoffice.

2. EffectiveJanuary1,2019,theportionofafinancialdisclosurestatementthatincludesanindividual’shomeaddressmaynotbeprovidedtothepublic.

3. FormerlobbyistswhobecomeapublicofficialorCityemployeeisprohibitedfromparticipatinginacase,contractorotherspecificmatterfor1calendaryearafterterminatingtheirregistrationsiftheypreviouslyassistedorrepresentedanotherpartyinthematter.Doesnotapplytouncompensatedorminimallycompensated.

4. OntheFinancialDisclosureforms,addanothercategorytoScheduleH–forastatementfiledonorafterJanuary1,2019,ifthefiler’sspouseisaregulatedlobbyist,theymustdisclosetheentitythathasengagedthespousetolobby.

TherearealsoOptionalChanges,whichare:

1. OnthefinancialDisclosureform,remove“exchange‐tradedfunds”(ETF)fromthedefinitionofinterest.

2. Addthreespecificcircumstancesthatconstituteviolationoftheprestigeofofficeprovision(influencingtheawardofaCitycontracttoaspecificperson;initiatingasolicitationforapersontoretainthecompensatedservicesofaparticularlobbyistorfirm;usingpublicresourcesortitletosolicitapoliticalcontributionregulatedinaccordancewiththeMarylandElectionLawArticle).

JACOB DAY MAYOR

JULIA GLANZ

CITY ADMINISTRATOR

125 NORTH DIVISION STREET SALISBURY, MARYLAND 21801

Tel: 410-548-3190 Fax: 410-548-3192

MARYLAND

3. OntheFinancialDisclosureForm,changeScheduleFdisclosure(indebtednesstoentitiesdoingbusinesswiththeCity)toindebtednesstoentitiesdoingbusinesswithorregulatedbytheindividual’sgovernmentalunit.

4. EffectiveJanuary1,2019,CityEthicsCommissionmayprovideInternetaccess,throughanonlineregistrationprogram,tofinancialdisclosurestatementssubmittedbyCityofficials,candidatesforofficeasCityofficialsandaheadofaprincipaldepartmentoftheexecutiveoffice.

5. CodifydisclosurerequirementsforlobbyistswhoserveonCityboardsandcommissions.Alsocodifyarequirementforsuchalobbyistwhoisdisqualifiedfromparticipatinginaspecificmattertofileastatementofrecusalwiththeboardorcommission.Thisprovisionrequireslobbyistswhoserveonlocalboardstosubmitdisclosureformsthatmirrortheformsforlocalelectedofficials.

1

ORDINANCE NO. ____________ 1

2

AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND, TO 3

AMEND CHAPTER 2.04.040, SUBSECTIONS (c), (e) & (g) – ETHICS – 4

CONFLICTS OF INTEREST, CHAPTER 2.04.050, SUBSECTION (g)(5)(i) – 5

FINANCIAL DISCLOSURE – LOCAL ELECTED OFFICIALS AND 6

CANDIDATES TO BE LOCAL ELECTED OFFICIALS, AND CHAPTER 7

2.04.060, SUBSECTION D – FINANCIAL DISCLOSURE – EMPLOYEES 8

AND APPOINTED OFFICIALS - TO COMPLY WITH SUBTITLE 8 OF THE 9

MARYLAND PUBLIC ETHICS LAW REQUIREMENTS FOR ETHICS 10

LEGISLATION RELATING TO THE CONFLICTS OF INTEREST, 11

FINANCIAL DISCLOSURE, AND LOBBYING. 12

13

WHEREAS, Maryland Law requires certain provisions in the Ethics Code of Maryland 14

Municipalities and Counties; and 15

16

WHEREAS, the State of Maryland made changes to the Public Ethics Law which took 17

effect on October 1, 2017; and 18

19

WHEREAS, some of these changes require the City to amend Chapter 2.04 of the 20

Salisbury Municipal Code. 21

22

NOW, THEREFORE, be it enacted and ordained by the Council of City of the Salisbury, 23

Maryland, that Chapter 2.04, section .040 (c), (e) & (g), section .050 (g)(5)(i), and section .060 24

D, be amended as follows: 25

26

CHAPTER 2.04 - ETHICS 27

28

2.04.040 - Conflicts of Interest. 29

30

(c) Participation prohibitions. Except as permitted by Ccommission regulation or 31

opinion, an official or employee may not participate in: 32

33

(1) Except in the exercise of an administrative or ministerial duty that does not 34

affect the disposition or decision of the matter, any matter in which, to the 35

knowledge of the official or employee, or a qualified relative of the official or 36

employee has an interest. 37

38

2

(2) Except in the exercise of an administrative or ministerial duty that does not 39

affect the disposition or decision with respect to the matter, any matter, in which 40

any of the following is a party: 41

42

(i) A business entity in which the official or employee has a direct 43

financial interest of which the official or employee may reasonably be 44

expected to know; 45

46

(ii) A business entity for which the official, employee, or a qualified 47

relative of the official or employee is an officer, director, trustee, partner 48

or employee; 49

50

(iii) A business entity with which the official or employee or, to the 51

knowledge of the official or employee, a qualified relative is negotiating 52

employment or has any arrangement concerning prospective employment; 53

54

(iv) If the contract reasonably could be expected to result in a conflict 55

between the private interests of the official or employee and the official 56

duties of the official or employee, a business entity that is a party to an 57

existing contract with the official or employee, or which, to the knowledge 58

of the official or employee, is a party to a contract with a qualified 59

relative; 60

61

(v) An entity, doing business with the City, in which a direct financial 62

interest is owned by another entity in which the official or employee has a 63

direct financial interest, if the official or employee may be reasonably 64

expected to know of both direct financial interest; or 65

66

(vi) A business entity that: 67

68

(A) The official or employee knows is a creditor or obligee of the 69

official or employee or a qualified relative of the official or 70

employee with respect to a thing of economic value; and 71

72

(B) As a creditor or obligee, is in a position to directly and 73

substantially affect the interest of the official or employee or a 74

qualified relative of the official or employee. 75

3

76

(3) A case, contract or other specific matter for one (1) calendar year after 77

terminating their registration if they previously assisted or represented another 78

party as a lobbyist in the matter. This provision does not apply to uncompensated 79

or minimally compensated board or commission members. 80

81

(3)(4) A person who is disqualified from participating under paragraphs 1 or 2 of 82

this subsection shall disclose the nature and circumstances of the conflict and may 83

participate or act if: 84

85

(i) The disqualification leaves a body with less than a quorum capable of 86

acting; 87

88

(ii) The disqualified official or employee is required by law to act; or 89

90

(iii) The disqualified official or employee is the only person authorized to 91

act. 92

93

(4)(5) The prohibitions of paragraph 1 and 2 of this subsection do not apply if 94

participation is allowed by regulation or opinion of the Commission. 95

96

(g) Use of prestige of office. * This may be changed – it is recommended by the state but 97

not required. 98

(1) An official or employee may not intentionally use the prestige of the office or 99

public position for the private gain of that official or employee or the private gain 100

of another. The prohibitions of this section include, but are not limited to: 101

102

(i) the use of influence in the award of a City contract to a specific person 103

or entity; 104

105

(ii) initiating a solicitation for a person to retain the compensated services 106

of a particular lobbyist or firm; 107

108

(iii) using public resources or title to solicit a political contribution 109

regulated in accordance with the Election Law Article of the Annotated 110

Code of Maryland. 111

112

4

(2) This subsection does not prohibit performance of usual and customary 113

constituent services by an elected local official without additional compensation. 114

115

2.04.050 – Financial disclosure – Local elected officials and candidates to be local elected 116

officials. 117

118

(g) Contents of Statement. 119

120

(5) Employment With or Interests in Entities Doing Business With City. 121

122

(i) A statement filed under this section shall include a schedule of all 123

offices, directorships, and salaried compensated employment by the 124

individual or member of the immediate family of the individual held at 125

any time during the reporting period with entities doing business with the 126

city. All statements filed under this section shall disclose whether the 127

individual or the individual’s spouse is a lobbyist required to register, and, 128

if so, they shall identify the entities that engage the lobbyist. 129

130

(ii) For each position reported under this paragraph, the schedule shall 131

include: 132

(A) The name and address of the principal office of the business 133

entity; 134

135

(B) The title and nature of the office, directorship, or salaried 136

compensated employment held and the date it commenced; and 137

138

(C) The name of each city agency with which the entity is 139

involved. 140

141

2.04.060 – Financial disclosure – Employees and appointed officials. 142

143

D. An official or employee shall disclose employment and interests that raise conflicts of 144

interest or potential conflicts of interest in connection with a specific proposed action by 145

the employee or official sufficiently in advance of the action to provide adequate 146

disclosure to the public. Officials and employees shall disclose, in all statements filed 147

hereunder, whether they or their spouse is a lobbyist required to register and, if so, they 148

shall identify the entities that engage the lobbyist. 149

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150

AND BE IT FURTHER ENACTED AND ORDAINED BY THE COUNCIL OF THE 151

CITY OF SALISBURY, MARYLAND, that the Ordinance shall take effect upon final passage. 152

153

THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 154

Salisbury held on the ______ day of ____________, 2018 and thereafter, a statement of the 155

substance of the ordinance having been published as required by law, in the meantime, was 156

finally passed by the Council on the ___ day of _____________, 2018. 157

158

159

ATTEST: 160

161

_________________________ _________________________ 162

Kimberly R. Nichols, City Clerk John R. Heath, City Council President 163

164

165

Approved by me, this ____day of ______________, 2018. 166

167

__________________________ 168

Jacob R. Day, Mayor 169

SALISBURY CITY COUNCIL WORK SESSION AGENDA ... · 2018-08-02 · The EECP is a combination of...

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