CITY OF SALISBURY

CITY COUNCIL AGENDA

January 9, 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 – Lead Pastor John Kalfayan of Crossroads Church of God 6:05 p.m. PLEDGE OF ALLEGIANCE 6:07 p.m. PRESENTATION – Mayor Jacob R. Day • Sustainable Maryland Certification 6:22 p.m. ADOPTION OF LEGISLATIVE AGENDA 6:24 p.m. CONSENT AGENDA – City Clerk Kimberly R. Nichols • December 5, 2016 Work Session Minutes • December 12, 2016 Regular Meeting Minutes • December 19, 2016 Work Session MInutes • Approving the Manufacturing Exemption request for LWRC International, LLC 6:28 p.m. AWARD OF BIDS – Assistant Director of Internal Services – Procurement & Parking

Jennifer L. Miller • Award of Bid – Salisbury Public Works Department – RFP 03-17

Magnesium Hydroxide Feed/Mix & Storage System and Chemical 6:33 p.m. RESOLUTION – Acting City Administrator Julia Glanz • Resolution No. 2713 – accepting the donation of the real property located at 137

Delaware Avenue, Salisbury, Maryland 21801, from GNI, LLC

6:38 p.m. ORDINANCES – City Attorney Mark Tilghman • Ordinance No. 2409- 2nd reading - approving an amendment of the FY2017 General

Fund budget to accept a donation made to reimburse the purchase of summer youth employment uniforms

• Ordinance No. 2410- 2nd reading - pursuant to Chapter 17.228 of Title 17, Zoning of the Salisbury Municipal Code and Section 4.04 of Article 66b of the Annotated Code of Maryland for the purpose of amending Sections 17.156.030, 17.160.030, and 17.04.120 to add Solar Farms and a definition of Solar Farms in the R-5, R-8, R-10, R-5a, R-8a, and R-10a Residential Districts

• Ordinance No. 2411- 1st reading - approving an amendment of the City’s Capital Project Fund budget to reallocate funding for the Main Street Masterplan Project

• Ordinance No. 2412- 1st reading - to amend the annual Registration Fee for a rental dwelling unit, the annual License Fee for rental dwelling unit owners, and the Noncompliant and Delinquent Fees associated with rental dwellings and licenses

• Ordinance No. 2413- 1st reading - to close a portion of North Division Street between North Salisbury Boulevard and Decatur Avenue

• Ordinance No. 2414- 1st reading - to approve the abandonment of a portion of an existing utility easement on property owned by Village of Hope, Inc. at the Homes on Johnsons Pond, 1001 Lake Street, Salisbury Election District, Wicomico County, State of Maryland

7:10 p.m. PUBLIC COMMENTS 7:15 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 January 9, 2017 Meeting

• Resolution No.____ - to appoint Vanice Antrum to the Human Rights Advisory Committee • Resolution No.____ - to appoint Mark Decker to the Human Rights Advisory Committee • Ordinance No. 2411- 2nd reading - approving an amendment of the City’s Capital Project Fund budget to

reallocate funding for the Main Street Masterplan Project • Ordinance No. 2412- 2nd reading - to amend the annual Registration Fee for a rental dwelling unit, the

annual License Fee for rental dwelling unit owners, and the Noncompliant and Delinquent Fees associated with rental dwellings and licenses

• Ordinance No. 2413- 2nd reading - to close a portion of North Division Street between North Salisbury Boulevard and Decatur Avenue

• Ordinance No. 2414- 2nd reading - to approve the abandonment of a portion of an existing utility easement on property owned by Village of Hope, Inc. at the Homes on Johnsons Pond, 1001 Lake Street, Salisbury Election District, Wicomico County, State of Maryland Posted: 1/4/17

December 5, 2016 Work Session 1 | P a g e

CITY OF SALISBURY 1 WORK SESSION 2

DECEMBER 5, 2016 3 4

Public Officials Present 5 6

Council President John “Jack” R. Heath Mayor Jacob R. Day 7 Council Vice-President Muir Boda Councilman James Ireton, Jr. 8 Councilwoman April Jackson 9 10

Public Officials Not Present 11 12

Councilman R. Hardy Rudasill 13 14

In Attendance 15 16

City Clerk Kimberly Nichols, Acting City Administrator Julia Glanz, Mayor Jacob R. Day, City Attorney 17 Mark Tilghman, Internal Services Director Keith Cordrey, Public Works Director Michael Moulds, Pam 18 Baker and Eric Willey of Barbacane, Thornton & Company, LLP, interested citizens and members of the 19 press 20 --------------------------------------------------------------------------------------------------------------------- 21 On December 5, 2016 the Salisbury City Council convened in Work Session at 4:33 p.m. in Council 22 Chambers, Room 301 of the Government Office Building. The following is a synopsis of the information 23 provided and discussion held. 24 25 Audit Presentation 26 27 Auditors Pam Baker and Eric Willey of the auditing firm Barbacane, Thornton & Company, LLC joined 28 Internal Services Director Keith Cordrey at the table to discuss the City’s FY16 audit and financial 29 statements. Ms. Baker introduced Mr. Willey, supervisor of the City’s auditing account, and prior to the 30 Work Session handed out drafts of the Audit Report, Single Audit Report, and Letter of Recommendation. 31 32 The following is a recap of the highlights provided by Ms. Baker of the Audit: 33 34

• Audit Report 35 o Last year was the first year the City used Munis to track and map the accounting system to 36

the financial statements and it was challenging. This year went much smoother. 37 o Opinions are unmodified (clean auditing opinion). This opinion covers all the financial 38

statements, the entity-wide statements, fund statements, budgetary statements, and enterprise 39 fund statements. 40

o Emphasis of Matter 41 The City implemented a new GASB pronouncement having to do with “Fair Value 42

Measurement of Investments” which had no impact on the financials in terms of 43 investment valuations, but effected disclosures. 44

o There were monumental efforts in Internal Services this year towards better tracking of 45 capital projects and tracking fund balances of grants (all mapped) 46

December 5, 2016 Work Session 2 | P a g e

o As a result of the efforts there was a prior year adjustment to put things in the correct 47 categories (between water/sewer and grant funds) 48

o System has been put into place to ensure the grant fund balances are properly tracked 49 o Management’s Discussion and Analysis 50 o Statement of Net Position 51 o The City’s “Change in Net Position” changed positively by $572,000. 52 o Business-type activities had a plus of $9.6 million but mostly driven by City’s $9.5 million 53

from grants coming in for capital construction. 54 o Balance Sheet 55

Overall fund balance had a slight increase this year by $278,000 56 o Proprietary Funds 57

Water & Sewer Fund – because construction is moving as it should, the $36 million 58 net investment in capital assets shows that the City is building back up, borrowing 59 money and putting it into capital. 60

o Water & Sewer had net operating fund of $476,000 61 o Fiduciary Funds 62 o Notes to Financial Statements – Fair value disclosure 63 o OPEB – to date, the City has recorded about $21 million of OPEB liability and booked all 64

but about $5 million. 65 o Notes – Note 11 gives an analysis of the outstanding commitments. The City spent $7 66

million out of project amounts of $8.4 million for governmental activities so far (there are 67 still $1.4 million outstanding in City’s projects commitment-wise). For Water/Sewer projects, 68 the City spent $31.9 million out of $76 million total commitment. The City is almost ½ way 69 finished with that project, and the firm will continue look at that next year. 70

• Single Audit Report 71 o The City had an unmodified auditor’s report. 72 o There were no material weaknesses, no significant deficiencies, and no non-compliance. 73 o Since the City spends in excess of $750,000 in federal money, they have to also test internal 74

controls over managing the federal awards 75 o Credit Card controls – still working on a P-card system, but it is not up and running yet. 76 o Account reconciliations – last year it was recommended that the City make efforts to identify 77

balance sheet accounts with stale balances and make correcting entries to update or remove 78 the balances. Everything was reconciled this year and therefore was resolved. 79

o Current Year – detailed testing was done on payroll, and only found where 1-9’s were not up 80 to date. 81

o GASB Statement No. 75 82 83

Ms. Baker told Council the audit contained the fewest recommendations they have ever had. Mayor Day 84 lauded the job done by Mr. Cordrey, and Mr. Cordrey praised his staff. Ms. Baker will give the condensed 85 version of the audit presentation at the December 12, 2016 Legislative Session for Council approval. 86 87 Closing of a Portion of North Division Street 88 89 Public Works Director Michael Moulds joined Council to discuss the closing of a section of North Division 90 Street between North Salisbury Boulevard (Rt. 13) and Decatur Avenue. The recommendation is due to 91 safety concerns with traffic exiting Salisbury Blvd. onto N. Division Street at unsafe speeds to avoid the light 92 at Priscilla Street. He explained there was also safety concern for vehicles attempting to enter Salisbury 93 Blvd. from N. Division Street due to the orientation of the intersection and vehicle speeds on North Salisbury 94

December 5, 2016 Work Session 3 | P a g e

Boulevard. Mr. Moulds reported the closure was discussed with business property owners and the State 95 Highway Administration and both are supportive. This is not an abandonment closure; the road will be 96 closed by means of installation of curb, gutter, and sidewalk. 97 98 After discussion, Council reached unanimous consensus to advance the legislation to Legislative Session. 99 100 Council Rules of Order – Discussion 101 102 President Heath reported on his research on abstentions as a result of a constituent’s questions after the 103 confusion during a legislative session when an abstention occurred. His research indicated conflicts of 104 interest occurred when a member of council personally profits from a decision. Other conflicts are not as 105 clearly stated. He also deduced that just because there is a conflict of interest, that does not preclude the 106 member from the vote. 107 108 Vice-President Boda reported he read the same, adding he also saw when a no vote is offered, that was 109 counted as “nay”. He asked whether they would consider adding a paragraph in the Council Rules of Order 110 on voting, and after input from Council, it was decided nothing should be added in the Rules. 111 112 President Heath stated that the City Council was elected to make decisions by voting, and they should try to 113 vote as often as they possibly could, adding that a declaration of a conflict should be done as soon as it was 114 evident, before any conversation is held. Conflicts and abstentions are covered in Roberts Rules, is a 115 personal decision and must fall within the definition of effecting either the members standing in the 116 community or them monetarily. 117 118 With nothing further to discuss, at 5:35 p.m. the Work Session adjourned. 119 120 121 ____________________________________ 122 City Clerk 123 124 _____________________________________ 125 Council President 126

December 12, 2016 Legislative Session 1 | P a g e

CITY OF SALISBURY, MARYLAND 1 2 REGULAR MEETING DECEMBER 12, 2016 3 4

PUBLIC OFFICIALS PRESENT 5 6 Council President John “Jack” R. Heath Mayor Jacob R. Day 7 Councilman James Ireton, Jr. Councilwoman April Jackson 8 Councilman R. Hardy Rudasill 9

10 PUBLIC OFFICIALS NOT PRESENT 11

12 Council Vice-President Muir Boda 13

14 IN ATTENDANCE 15

16 City Clerk Kimberly R. Nichols, Acting City Administrator Julia Glanz, Assistant Director 17 Internal Services – Procurement & Parking Jennifer L. Miller, Public Works Director Michael 18 Moulds, City Attorney Mark Tilghman, Delegate Carl L. Anderton, Jr. for District 38B, Planning 19 & Zoning Long Range and Transportation Planner Keith Hall, Planning & Zoning Planner 20 Gloria Smith, interested citizens and members of the press 21 ****************************************************************************** 22 CITY INVOCATION – PLEDGE OF ALLEGIANCE 23 24 The City Council met in regular session at 6:00 p.m. in Council Chambers. Council President 25 John “Jack” R. Heath called the meeting to order and invited Senior Pastor Bonita Harris of 26 Asbury United Methodist Church to the podium to provide the City Invocation. Thereafter, 27 everyone present recited the Pledge of Allegiance. 28 29 PRESENTATION 30 31

• Women Supporting Women 32 Mayor Jacob R. Day invited Chief Rick Hoppes, Deputy Chief Darrin Scott, and 33 Firefighter Ben Coons of the Salisbury Fire Department to the podium to present $1,660 34 to Women Supporting Women Board member Karri Todd. The Fire Department raised 35 the money by selling pink t-shirts. Women Supporting Women is a grass-roots local non-36 profit organization founded in 1993 to help women through their journey with breast 37 cancer. They serve the entire Delmarva Peninsula, with offices in Salisbury and Ocean 38 City and support groups in Crisfield, Cambridge, and Pocomoke. 39

40 ADOPTION OF LEGISLATIVE AGENDA 41 42 Ms. Jackson moved, Mr. Rudasill seconded, and the vote was unanimous to adopt the legislative 43 agenda as presented. 44 45 CONSENT AGENDA – presented by City Clerk Kim Nichols 46 47

December 12, 2016 Legislative Session 2 | P a g e

The Consent Agenda, consisting of the following items, was unanimously approved on a motion 48 and seconded by Mr. Rudasill and Ms. Jackson, respectively: 49 50

• November 7, 2016 Closed Session Minutes • November 14, 2016 Closed Session Minutes • November 21, 2016 Closed Session Minutes • November 21, 2016 Work Session Minutes • November 28, 2016 Regular Meeting Minutes • Resolution No. 2707 - approving the reappointment of Eric Pippen to the Salisbury Zoo

Commission for term ending December 2019 • Resolution No. 2708 - approving the reappointment of Karen Lutz to the Salisbury Zoo

Commission for term ending December 2019 • Resolution No. 2709 - approving the reappointment of Linda Wainer to the Salisbury

Zoo Commission for term ending December 2019 • Resolution No. 2710 - approving the reappointment of Matt Likovich to the Salisbury

Zoo Commission for term ending December 2019 • Resolution No. 2711 – approving the appointment of John Rankin to the Central City District

Commission for term ending December 2018 • Approving the Manufacturing Exemption request for Mid Atlantic Filter, LLC • Approving the Manufacturing Exemption request for Gardner Sign, Inc. • Approving the Manufacturing Exemption request for Machining Technologies, Inc.(Ma-Tech)

51 AWARD OF BIDS – presented by Assistant Director of Internal Services – Procurement & Parking 52 Jennifer L. Miller 53 54 The Award of Bids, consisting of the following items, was unanimously approved on a motion by 55 Mr. Ireton and seconded by Ms. Jackson: 56 57

• Award of Bid – Salisbury Public Works Department $195,116.00 58 Contract 115-17, John Deere Excavator 59 60

• Change Order – Salisbury Public Works Department $45,600.00 61 Change Order #1 to RFP 11-16 62 Engineering Construction Services for Main Street Masterplan Phase 2 63 64

• Declaration of Surplus – Salisbury Police Department $0.00 65 Animal Control Vehicle – AC-1 66 67

APPROVAL OF AUDIT - presented by Ms. Pam Baker of Barbacane, Thornton & Company, 68 LLP and Internal Services Director Keith Cordrey 69 70 Ms. Pam Baker from the auditing firm of Barbacane, Thornton & Company, LLP joined Council 71 at the podium and summarized the results of the City’s Audit Report as of June 30, 2016. An 72 unqualified or clean audit opinion was rendered by the auditing firm. 73 74 Mr. Ireton motioned, Ms. Jackson seconded, and the audit was unanimously approved as 75 presented. 76

December 12, 2016 Legislative Session 3 | P a g e

77 PUBLIC HEARING / WEST SALISBURY SCHOOL-WEST ROAD ANNEXATION –78 presented by Acting City Administrator Julia Glanz 79

80 President Heath opened the Public Hearing for Resolution No. 2681 and Resolution No. 2682, 81 approving the West Salisbury Elementary/West Road Annexation and Annexation Plan at 6:32 82 p.m. Since there were no requests to speak, the Public Hearing was immediately closed. 83 84

• Resolution No. 2681 – proposing the annexation to the City of Salisbury of certain 85 area of land contiguous to and binding upon the Corporate limit of the City of 86 Salisbury to be known as “West Salisbury School – West Road Annexation” 87 beginning for the same at a point on the Corporate Limit, said point lying on the 88 easterly right of way line of West Road at its intersection with the extended northerly 89 right of way line of Queen Avenue. 90

91 Mr. Rudasill moved and Mr. Ireton seconded to approve Resolution No. 2681. 92 Ms. Glanz presented Resolution No. 2681, which was then unanimously approved. 93

94 • Resolution No. 2682 – proposing the annexation plan for the City of Salisbury 95

regarding a certain area of land contiguous to and binding upon the Corporate Limit 96 of the City of Salisbury to be known as “West Salisbury School- West Road 97 Annexation” 98

99 Ms. Jackson moved and Mr. Rudasill seconded to approve Resolution No. 2682. 100 Ms. Glanz presented Resolution No. 2682, which was then unanimously approved. 101

102 PUBLIC HEARING / SOLAR FARM TEXT AMENDMENT ORDINANCE – presented by 103 City Attorney Mark Tilghman 104 105 President Heath opened the Public Hearing for Ordinance No. 2410 – 1st reading – pursuant to 106 Chapter 17.228 of Title 17, Zoning of the Salisbury municipal Code and Section 4.04 of Article 107 66b of the Annotated Code of Maryland for the purpose of amending Sections 17.156.030, 108 17.160.030, and 17.04.120 to add Solar Farms and a definition of Solar Farms in the R-5, R-8, 109 R-10, R-5a, R-8a, and R-10a Residential Districts. 110 111 One member of the public was sworn in by City Clerk Nichols, and Mr. Heath opened the Public 112 Hearing at 6:36 p.m. 113 114 Mr. Tilghman presented Ordinance No. 2410 for first reading, and Mr. Heath closed the Public 115 Hearing at 6:39 p.m. There were no comments or requests to speak in the Public Hearing. 116 117 Mr. Ireton moved, Ms. Jackson seconded, and the vote was unanimous to approve Ordinance 118 No. 2410 for first reading. 119 120 RESOLUTION – presented by Acting City Administrator Julia Glanz 121 122

December 12, 2016 Legislative Session 4 | P a g e

• Resolution No. 2712 – approving and adopting the 2017 Salisbury Bicycle Network 123 124

On a motion and seconded by Mr. Rudasill and Mr. Ireton, respectively, Resolution No. 125 2712 was unanimously approved. 126

127 ORDINANCES – presented by City Attorney Mark Tilghman 128 129

• Ordinance No. 2405 – 2nd reading – to designate a restricted parking zone on a portion of 130 South Pinehurst Avenue between Evergreen Avenue and Mayfield Avenue 131

132 Ms. Jackson moved, Mr. Ireton seconded, and the vote was unanimous to approve 133 Ordinance No. 2405 for second reading. 134 135

• Ordinance No. 2406 – 2nd reading – to designate a no parking zone on a portion of 136 Fairview Lane and the intersection of Hidden Meadow Lane 137

138 Ms. Jackson moved, Mr. Rudasill seconded, and Ordinance No. 2406 for second reading 139 was unanimously approved. 140 141

• Ordinance No. 2407 – 2nd reading - approving a Budget Amendment of the FY2017 Fire 142 Department Budget to transfer insurance funds received by the City to the Fire Department 143 Operating Budget from the General Fund for revenue received from Local Government 144 Insurance Trust for repairs performed on A/C-1, Engine-2, and B-2 145 146 Ms. Jackson moved, Mr. Ireton seconded, and the vote was unanimous to approve 147 Ordinance No. 2407 for second reading. 148 149

• Ordinance No. 2408 – 2nd reading - approving a Budget Amendment of the FY2017 150 General Fund Budget to appropriate the funds returned on contract 151 152 Mr. Ireton moved, Mr. Jackson seconded, and the vote was unanimous to approve 153 Ordinance No. 2408 for second reading. 154 155

• Ordinance No. 2409 – 1st reading – approving an amendment of the FY2017 General Fund 156 budget to accept a donation made to reimburse the purchase of summer youth employment 157 uniforms 158

159 Mr. Ireton moved, Ms. Jackson seconded, and Ordinance No. 2409 was unanimously 160 approved for first reading. 161

162 Council President Heath wished everyone a Happy, Holy and Blessed Holiday, and as there were 163 no requests for public comments, the Legislative Session adjourned at 6:53 p.m. 164

165 _______________________________ 166 City Clerk 167 168 _______________________________ 169 Council President 170

December 19, 2016 Work Session 1 | P a g e

CITY OF SALISBURY 1 WORK SESSION 2

DECEMBER 19, 2016 3 4

Public Officials Present 5 6

Council Vice-President Muir Boda Mayor Jacob R. Day 7 Councilman James Ireton, Jr. Councilwoman April Jackson 8 Councilman R. Hardy Rudasill 9 10

Public Officials Not Present 11 12

Council President John “Jack” R. Heath 13 14

In Attendance 15 16

City Clerk Kimberly Nichols, Acting City Administrator Julia Glanz, Mayor Jacob R. Day, City Attorney 17 Mark Tilghman, Housing and Community Development Director Susan Phillips, Public Works Director 18 Michael Moulds, Public Works Deputy Director Amanda Pollack, interested citizens, members of the press 19 ----------------------------------------------------------------------------------------------------------------------------------- 20 On December 19, 2016 the Salisbury City Council convened in Work Session at 4:30 p.m. in Council 21 Chambers, Room 301 of the Government Office Building. The following is a synopsis of the information 22 provided and discussion held. 23 24 Accepting a donation of 137 Delaware Avenue 25 26 Housing and Community Development Director Susan Phillips joined Council at the table to discuss the 27 request to accept the donation of 137 Delaware Avenue. Topics of Ms. Phillips discussion included the 28 following: 29 30

• The area is especially important because it is close to the Downtown area. 31 • Demolition of the house could be done in-house to save funds on environmental clearances and 32

tipping fees; grant money could be utilized for tipping fees and environmental clearances. 33 • There are no debts associated with the property and nothing is owed to the City. 34 • The City could demolish the structure, sell the land, and work with a developer to build low income 35

homes on the lot. 36 • Ms. Phillips’ department will focus on three districts in need that hover the downtown area: Church 37

St., Delaware Avenue, and Camden Heights. The oldest housing stock in the City is located in these 38 areas and Ms. Phillips will report at a later date on the five-year plan with more statistics and facts. 39

• Mr. Ireton asked for a list of what is moving and what is not moving for when the City sells the 40 property 41

• Ms. Phillips reported the lot would be valued at approximately $8,000 42 43 Councilman Ireton made a motion that through covenant Council could ensure that when the lot is rebuilt, 44 the structure is built for homeownership, not rental housing. He stated that it would be good to ask builders 45 of low-income housing units, who receive credits, to start building units in single family neighborhoods 46 Council discussed blighted properties, areas in need of homeownership, redevelopment and revitalization. 47 48

December 19, 2016 Work Session 2 | P a g e

Council reached unanimous consensus to advance the donation to Legislative Session. Mr. Ireton initially did 49 not support the donation, but after confirming that a stipulation could be that the re-built structure would be 50 for homeownership, he agreed to support the donation. Mr. Rudasill had numerous questions but supported 51 the donation, and Ms. Jackson supported the donation because affordable homes were needed in Salisbury. 52 53 Budget Amendment- Main Street Master Plan 54 55 Public Works Director Michael Moulds and Deputy Director Amanda Pollack joined Council to discuss the 56 budget amendment to establish contingency funds for the Main Street Project from Route 13 to Division 57 Street. 58 59 The Beaverdam Creek Tidal Dam Repair contract was issued for significantly less that the available budget. 60 The project is almost complete and fell under-budget, therefore freeing up some unused bond funds. Public 61 Works has recommended reallocating the unused funds to the Main Street Masterplan funding to be used for 62 the project contingency. The bond amendment would be for $547,000 from the Beaverdam Project to the 63 Main Street Masterplan Project. 64 65 Mr. Ireton wondered why the project was $700,000 off, and asked Mr. Moulds how much money was needed 66 for the remediation. Mr. Moulds replied the amount was unknown but the hope was as they move down the 67 street towards Division Street, they will get out of the problem area. But they could not authorize the 68 contractor to continue working without the contingency in place. If it is not used during this phase of the 69 project, then it would be available for use during the next phase of Main Street Masterplan construction. 70 Mayor Day said the project was awarded with no contingency, and the normal contingency is 5%. This 71 would put some contingency back in case it is needed. Ms. Pollack reported the way it was worded in the 72 Bond ordinance was “Main Street Masterplan,” and not designated by phase. If this is not used on this phase, 73 it can be used on the Plaza phase. 74 75 After discussion, Council reached unanimous consensus to advance the legislation to Legislative Session. 76 77 Easement Abandonment – Homes on Johnson Pond 78 79 Mr. Moulds stated the easement abandonment was for the development expansion for the Johnson Pond 80 development by relocating a water main in the proposed abandonment area to a location in the new utility 81 easement. The easement area proposed for abandonment will no longer be necessary for public use once the 82 water main is relocated. 83 84 Council reached unanimous consensus to advance the legislation to legislative agenda. 85 86 Vice-President Boda invited the public to the Downtown Salisbury New Years Eve celebration from 8 p.m. 87 to midnight, followed by fireworks. 88 89 With nothing further to discuss, at 5:13 p.m. the Work Session adjourned. 90 91 ____________________________________ 92 City Clerk 93 94 _____________________________________ 95 Council President 96

1

Housing & Community Development Dept.

Memo

To: Julia Glanz

From: Susan Phillips

Date: 1/4/2017

Re: Property Donation – 137 Delaware Avenue

Attached please find a resolution to accept a property donation of 137 Delaware Avenue

Included in this packet is an email from finance showing that there are no fees due to the City on the account for this property.

Unless you have any questions please forward this memorandum to the Mayor and City Council.

1 2

RESOLUTION NO. 2713 3 4 A RESOLUTION OF THE CITY OF SALISBURY ACCEPTING THE DONATION OF THE 5 REAL PROPERTY LOCATED AT 137 DELAWARE AVENUE, SALISBURY, MARYLAND 6 21801, FROM GNI, LLC. 7 8 WHEREAS, the donor, owner GNI, LLC, desires to donate the real property located at 9 137 Delaware Avenue, Salisbury, Maryland 21801, by deed dated October 28, 1999, and 10 recorded in the Wicomico County, Maryland Land Records in Liber 1713, folio 568; and 11 12 WHEREAS, there are no outstanding charges due to the City of Salisbury for this 13 property; and 14 15

WHEREAS, the City of Salisbury is interested in obtaining foreclosed and/or abandoned 16 properties which create a blighting influence on our neighborhoods, so that said properties may 17 be either rehabilitated for resale, or demolished to make way for new construction; and 18

19 WHEREAS, the approval of this purchase of this property by the City of Salisbury is 20

contingent upon the property being returned to owner-occupied homeownership; and 21 22 WHEREAS, no title search has been performed by the City yet and the status of the title 23

is unknown at this time. 24 25 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Salisbury, 26 Maryland does hereby accept the donation of the real property located at 137 Delaware Avenue, 27 Salisbury, Maryland 21801 from GNI, LLC, contingent on a clear title based on a title search 28 conducted by the City Solicitor’s office and with the requirement that the property will be 29 returned to owner-occupied homeownership by the City. 30 31 THE ABOVE RESOLUTION was introduced and read and passed at the regular meeting 32 of the Council of the City of Salisbury held on this ____day of ______________, 2017 and is to 33 become effective immediately upon adoption. 34 35 ATTEST: 36 37 38 __________________________ ____________________________ 39 Kimberly R. Nichols John R. Heath 40 CITY CLERK PRESIDENT, City Council 41 42 43 44 APPROVED by me this ______ day of ________________, 2016 45 46 47 __________________________ 48 Jacob R. Day, Mayor 49

ORDINANCE NO. 2409 1 2 3

AN ORDINANCE OF THE CITY OF SALISBURY APPROVING AN AMENDMENT OF 4 THE FY 2017 GENERAL FUND BUDGET TO ACCEPT A DONATION MADE TO 5 REIMBURSE THE PURCHASE OF SUMMER YOUTH EMPLOYMENT UNIFORMS. 6

7 WHEREAS, in the summer of 2016, the City established a pilot program geared at 8

employing ten youth ages 16-24, who were either in or out of school; and 9 10

WHEREAS, the youth received uniforms that were paid for in whole by the City; and 11 12 WHEREAS, the Greater Salisbury Committee has donated funds to reimburse the 13

City for the Summer Youth Work Program uniforms for the amount of $756.15; and 14 15 WHEREAS, the City’s FY 2017 budget has not been amended to include an 16

appropriation of the $756.15. 17 18

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 19 SALISBURY, MARYLAND THAT THE City’s Fiscal Year 2017 General Fund Budget be and 20 hereby is amended as follows: 21 22

1) Increase Miscellaneous Revenue (01000-456911) by $756.15. 23 24 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 25

Salisbury held on this 12th day of December 2016, and thereafter, a statement of the substance of the 26 Ordinance having been published as required by law, was finally passed by the Council on the ____ 27 day of ______, 2016. 28 29 30 ATTEST: 31 32 ___________________________________ __________________________________ 33 Kimberly R. Nichols, City Clerk John R. Heath, President 34

Salisbury City Council 35 36 37 APPROVED BY ME THIS ____ day of _______, 2016. 38 39 40 41 ________________________________________ 42 Jacob R. Day, Mayor 43 44

ORDINANCE NO. 2410 1

2 3

AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND, 4 PURSUANT TO CHAPTER 17.228 OF TITLE 17, ZONING OF THE 5 SALISBURY MUNICIPAL CODE AND SECTION 4.04 OF ARTICLE 66B 6 OF THE ANNOTATED CODE OF MARYLAND FOR THE PURPOSE OF 7 AMENDING SECTIONS 17.156.030, 17.160.030, AND 17.04.120 TO ADD 8 SOLAR FARMS AND A DEFINITION OF SOLAR FARMS IN THE R-5, 9 R-8, R-10, R-5A, R-8A, AND R-10A RESIDENTIAL DISTRICTS. 10

11 WHEREAS, the ongoing application, administration and enforcement of Title 17, 12

Zoning of the Salisbury Municipal Code, demonstrates a need for periodic review, evaluation, 13

and amendments that will keep Title 17 current; and 14

WHEREAS, the Mayor and City Council may amend Title 17, Zoning, of the Salisbury 15

Municipal Code, pursuant to the authority granted by Article 66B of the Maryland Annotated 16

Code and in accordance with specific provisions of Chapter 17.228, Amendments and Rezoning, 17

of Title 17, Zoning; and 18

WHEREAS, the Mayor and City Council requested that the Salisbury Planning and 19

Zoning Commission periodically review Title 17 in light of existing procedural practices and 20

input from the City Council and members of the public; and 21

WHEREAS, Pastor Robert C. Reinert, Jr. of Faith Baptist Church submitted an 22

application to amend the text of the Residential Districts; and 23

WHEREAS, a Public Hearing on the proposed amendment was held by the Planning 24

Commission in accordance with the provisions of Chapter 17.228, of Title 17, Zoning, of the 25

Salisbury Municipal Code on October 20, 2016; and 26

WHEREAS, the Planning Commission did recommend approval of the proposed text 27

amendments to Sections 17.156.030, 17.160.030, and 17.04.120; 28

NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY OF 29

SALISBURY, MARYLAND, that Title 17, Zoning, of the Salisbury Municipal Code is hereby 30

amended as follows: 31

AMEND SECTION 17.156.030, USES PERMITTED BY SPECIAL 32 EXCEPTION, BY ADDING THE FOLLOWING ITEM: 33

34 F. SOLAR FARM. 35 36 AMEND SECTION 17.160.030, USES PERMITTED BY SPECIAL 37

EXCEPTION, BY ADDING THE FOLLOWING ITEM: 38 39 F. SOLAR FARM. 40 41 AMEND SECTION 17.04.120 BY ADDING THE FOLLOWING ITEM: 42 43 SOLAR FARM - A UTILITY-SCALE ENERGY GENERATION FACILITY, 44

PRINCIPALLY USED TO CONVERT SOLAR ENERGY TO 45 ELECTRICITY FOR THE PRIMARY PURPOSE OF WHOLESALE 46 OR RETAIL SALES OF SAID ELECTRICITY. 47

48 AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY, 49

MARYLAND, that this Ordinance shall take effect from and after the date of its final passage, 50

but in no event until ten (10) days after the date of the Council’s Public Hearing, and 51

THE ABOVE ORDINANCE was introduced at a meeting of the Council on the 12th day 52

of December, 2016, and thereafter, a statement of the substance of the ordinance having been 53

published as required by law, in the meantime, was finally passed by the Council on the ____ 54

day of ____________, 2017. 55

ATTEST: 56 57 58 _________________________ ________________________________ 59 Kimberly R. Nichols John R. Heath, President 60 City Clerk Salisbury City Council 61

62 63 64

Approved by me this 65 66 day of , 2017. 67 68 69 _________________________ 70 Jacob R. Day 71 Mayor, City of Salisbury 72 73

ORDINANCE NO. 2411 1 2

AN ORDINANCE OF THE CITY OF SALISBURY APPROVING AN AMENDMENT OF 3 THE CITY’S CAPITAL PROJECT FUND BUDGET TO REALLOCATE FUNDING FOR THE 4 MAIN STREET MASTERPLAN PROJECT. 5

6 WHEREAS, Ordinance No. 2357 authorized the City to sell bonds per the FY 2016 budget; 7

and 8 9 WHEREAS, Ordinance No. 2357 allocated bond funding for the Beaverdam Creek Tidal 10

Dam Repairs and Main Street Master Plan; and 11 12 WHEREAS, Public Works is seeking to move unused funds from the Beaverdam Creek 13

Tidal Dam Repairs to the Main Street Master Plan. 14 15

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 16 SALISBURY, MARYLAND THAT THE City’s Capital Projects Fund Budget be and hereby is 17 amended as follows: 18 19

1) Decrease Beaverdam Creek Tidal Dam Repair by $548,116.80 (98116-513026-48301) 20 2) Increase Main Street Masterplan Construction by $548,116.80 (98116-513026-48022) 21 22 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 23

Salisbury held on this 12th day of December 2016, and thereafter, a statement of the substance of the 24 Ordinance having been published as required by law, was finally passed by the Council on the ____ 25 day of ______, 2017. 26 27 28 ATTEST: 29 30 ___________________________________ __________________________________ 31 Kimberly R. Nichols, City Clerk John R. Heath, President 32

Salisbury City Council 33 34 35 APPROVED BY ME THIS ____ day of _______, 2017. 36 37 ________________________________________ 38 Jacob R. Day, Mayor 39 40

ORDINANCE NO. 2412 1 2

AN ORDINANCE OF THE CITY OF SALISBURY, MARYLAND TO AMEND THE 3 ANNUAL REGISTRATION FEE FOR A RENTAL DWELLING UNIT, THE ANNUAL 4 LICENSE FEE FOR RENTAL DWELLING UNIT OWNERS, AND THE NONCOMPLIANT 5 AND DELINQUENT FEES ASSOCIATED WITH RENTAL DWELLINGS AND LICENSES. 6 7 WHEREAS, the fee for annual registration of a rental dwelling unit shall be set by 8 ordinance per Section 15.26.040 of the City Code; and 9 10 WHEREAS, the annual license fee for rental dwelling unit owners shall be set by 11 ordinance per Section 15.26.050 of the City Code; and 12 13 WHEREAS, there are also fees associated with delinquency with regard to registration of 14 rental dwelling units and landlord licenses per Section 15.26.060. 15 16 NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE COUNCIL OF 17 THE CITY OF SALISBURY THAT the following updated fees are established and shall remain 18 in effect until changed by subsequent legislation: 19 20 Rental dwelling unit fee for annual registration: (Section 15.26.040) 21 22 Initial registration $120.00 23 24 Renewal registration $60.00 25 26 Noncompliant rental dwelling unit fee $125.00 for the first noncompliant 27 rental dwelling unit and $60.00 plus 28 a surcharge of $28.00 for each 29 additional rental dwelling unit 30 registered under the same license 31 (Section 15.26.060.B.1.) 32 33 Delinquent rental dwelling unit fee $255.00 for the first noncompliant 34 rental dwelling unit and $60.00 plus 35 a surcharge of $36.00 for each 36 additional rental dwelling unit 37 registered under the same license 38 (Section 15.26.060.B.3.) 39 40 Annual license fee for rental dwelling unit owners: (Section 15.26.050) 41 42 Initial license $120.00 43 44 Renewal license $60.00 45 46

Noncompliant rental dwelling owner license fee $125.00 (Section 15.26.060.A.1.) 47 48 Delinquent rental dwelling owner license fee $255.00 (Section 15.26.060A.3.) 49 50 AND BE IT FURTHER ORDAINED AND ENACTED that this Ordinance was 51 introduced at a meeting of the City Council held on _____ the ___ day of ____________, 2017 52 and duly passed at a meeting of the Council of the City of Salisbury, Maryland held on the ___ 53 day of __________, 2017 and is to become effective with invoices sent in January of 2017. 54 55 ATTEST: 56 57 58 ________________________________ ______________________________ 59 Kimberly R. Nichols John “Jack” R. Heath 60 CITY CLERK PRESIDENT, City Council 61 62 63 APPROVED BY ME THIS 64 ____ day of _____________, 2017 65 66 67 ________________________________ 68 Jacob R. Day 69 MAYOR, City of Salisbury 70

ORDINANCE NO. 2413 1 2

AN ORDINANCE OF THE CITY OF SALISBURY FOR THE CLOSING OF A 3 PORTION OF NORTH DIVISION STREET BETWEEN NORTH SALISBURY 4 BOULEVARD AND DECATUR AVENUE. 5 6 WHEREAS, the Salisbury Charter, SC11-2, gives the City charge of all public ways in 7 the City; and 8 9 WHEREAS, the Salisbury Department of Public Works recommends closing a portion of 10 North Division Street between North Salisbury Boulevard and Decatur Avenue as shown 11 on Exhibit A; and 12 13 WHEREAS, the closure of this portion of North Division Street is recommended by the 14 Department of Public Works to improve traffic safety on North Division Street by 15 diverting traffic to a signal controlled intersection at Priscilla Street and North Salisbury 16 Boulevard; and 17 18 WHEREAS, the Maryland State Highway Administration agrees with the closure of this 19 portion of North Division Street. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF SALISBURY, MARYLAND that the aforementioned section of North Division 23 Street is hereby closed to vehicular traffic. 24 25 BE IT FURTHER ORDAINED that this Ordinance shall take effect immediately upon 26 the date of its final passage. 27 28 THIS ORDINANCE was introduced and read at a meeting of the Council of the City of 29 Salisbury, Maryland held on the ___ day of _________, 2017, and thereafter, a statement 30 of the substance of the Ordinance having been published as required by law, was finally 31 passed by the Council on the ___ day of ________, 2017. 32 33 34 ATTEST 35 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

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NORTH DIVISION STREET CLOSURE

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EXHIBIT A

ONE PLAZA EAST, SUITE 200, P.O. BOX 93, SALISBURY, MD 21803-0093 • 410.543.9091 23 NORTH WALNUT ST, MILFORD, DE 19963 • 302.424.1441

106 NORTH WASHINGTON ST, EASTON, MD 21601• 410.770.4744 www.dbfinc.com

Michael R. Wigley, AIA, LEED AP Randy B. Duplechain, P.E. W. Zachary Crouch, P.E. Michael E. Wheedleton, AIA Jason P. Loar, P.E. Ring W. Lardner, P.E.

December 6, 2016 City of Salisbury 125 N. Division Street Salisbury, MD 21801 Attn: Mayor and City Council Re: Homes on Johnson Pond (part of Village of Hope)

Joseph House Village PRD #5 DBF# 2562A001 Dear Ladies and Gentleman: On behalf of our client Homes on Johnsons Pond LP, c/o Homes for America, Inc. and Village of Hope, Inc, we would like to request that the Mayor and City Council abandon by Ordinance, a certain utility easement to the City of Salisbury as described shown in the attached proposed deed and plat intended to be recorded in the Land Records of Wicomico County. If you have any questions please let me know. Sincerely, DAVIS, BOWEN, AND FRIEDEL, INC.

Timothy M. Metzner, RLA Associate Cc: Ms. Polly Duke, Homes for America, Inc. Mr. Andrew Hanson, Osprey Property Company, LLC Mr T.J. Maloney, Village of Hope, Inc

ORDINANCE NO. 2414 1 2

AN ORDINANCE OF THE CITY OF SALISBURY FOR THE ABANDONMENT OF A 3 PORTION OF AN EXISTING UTILITY EASEMENT ON PROPERTY OWNED BY VILLAGE OF 4 HOPE, INC. AT THE HOMES ON JOHNSONS POND, 1001 LAKE STREET, SALISBURY ELECTION 5 DISTRICT, WICOMICO COUNTY, STATE OF MARYLAND. 6

7 WHEREAS, Caritas, Inc. is listed, according to the records of the State Department of Assessments 8

and Taxation, as the owner of real property located at 1001 Lake Street, Salisbury, Maryland, which is 9 encumbered by a City of Salisbury utility easement; and 10

11 WHEREAS, Caritas, Inc. changed its corporate name to Joseph House Village, Inc. and then to its 12

current name, Village of Hope, Inc.; and 13 14 WHEREAS, for the purpose of the development of the aforementioned property, Village of Hope, 15

Inc. will relocate a water main installed in the easement area to a location in a new utility easement area on the 16 property which has yet to be finalized; and 17

18 WHEREAS, the City of Salisbury has agreed to the water main relocation and to abandon 14,368 19

square feet of the existing utility easement, which the City has determined to be unnecessary for any public 20 purpose; and 21

22 WHEREAS, the City of Salisbury has approved a utility easement abandonment plan attached hereto 23

as Exhibit A entitled Exhibit “A” Caritas, Inc. dated October 2016, prepared by Davis, Bowen and Friedel, 24 Inc.; and 25

26 WHEREAS, the City of Salisbury is releasing to Village of Hope, Inc. the abandoned easement area 27

shown on the plat; and 28 29 WHEREAS, the Salisbury Charter SC11- 2 gives the City of Salisbury charge of all public ways in 30

the City of Salisbury; and 31 32 WHEREAS, SC16-8 allows the City of Salisbury to abandon or otherwise dispose of property that is 33

not saleable. 34 35 NOW, THEREFORE, be it ordained by the City of Salisbury, Maryland, as follows: 36 37

1. That the quitclaim deed between the City of Salisbury and Village of Hope, Inc. allows for 38 the abandonment of the 14,368 sq. ft. utility easement area as shown on the aforementioned 39 Exhibit A; 40 41 2. For the purposes and reasons hereinabove set forth, the City of Salisbury be, and hereby is, 42 authorized to convey to Village of Hope, Inc. all of the City' s right, title and interest in the 43 abandoned utility easement area; and 44 45 3. The City Solicitor has reviewed and approved the quitclaim deed to release the unneeded 46 utility easement area attached hereto as Exhibit B. 47

48 AND BE IT FURTHER ORDAINED BY THE CITY OF SALISBURY that this Ordinance shall 49

take effect from and after the date of its final passage. 50 51

THIS ORDINANCE was introduced and read at a meeting of the Council of the City of Salisbury 52 held on this ____day of __________ 2017, and thereafter, a statement of the substance of the Ordinance 53 having been published as required by law, was finally passed by the Council on the ____ day of ______, 54 2017. 55 56 57 ATTEST: 58 59 ___________________________________ __________________________________ 60 Kimberly R. Nichols, City Clerk John R. Heath, President 61

Salisbury City Council 62 63 64 APPROVED BY ME THIS ____ day of _______, 2017. 65 66 ________________________________________ 67 Jacob R. Day, Mayor 68 69

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EXHIBIT B

QUITCLAIM DEED 1 2 THIS QUITCLAIM DEED, made this _____ day of January, 2017, by the CITY OF 3 SALISBURY, a municipal corporation of the State of Maryland, Grantor and, and Village of Hope, 4 Inc., a Maryland not for profit corporation, Grantee, WITNESSETH: 5 6 WHEREAS, the CITY OF SALISBURY desires to abandon and terminate all of its 7 rights, title, and interest, in and to a certain easement area on the lands now owned by the 8 Grantee; and, has for that purpose adopted on the ______ day of _____________, 2017, City of 9 Salisbury, Ordinance No. _________. 10 11 NOW, THEREFORE, IN CONSIDERATION of the sum of Zero Dollars ($0.00) and 12 other good, valuable and sufficient considerations in hand paid, receipt of which is hereby 13 acknowledged, Grantor does hereby grant, convey, release, assign, and quitclaim unto Village of 14 Hope, Inc., its successors and assigns, all of its rights, title, and interest in and to all that real 15 property situate and lying in the City of Salisbury, Salisbury Election District, Wicomico 16 County, Maryland as shown and more particularly described and delineated as “EXISTING 17 UTILITY EASEMENT AREA TO BE ABANDONED = 14,368 SF” on a plat entitled Exhibit 18 “A” Caritas, Inc. dated October 2016, prepared by Davis, Bowen and Friedel, Inc., to be 19 recorded simultaneously with this deed among the Plat Records of Wicomico County, Maryland. 20 21 TOGETHER with the improvements thereon and all the rights, ways, roads, privileges, 22 appurtenances and advantages thereto belonging or in any wise appertaining. 23 24 TO HAVE AND TO HOLD the above described property unto the Village of Hope, Inc. 25 its successors and assigns, forever. 26 27 REFERENCE to the aforesaid said deeds and Plats and to the references contained 28 therein, is hereby made for a more particular description of the property hereby conveyed or for 29 any other purpose, to the same extent as if more fully set forth. 30 31 AS WITNESS the hands and seals of the parties hereto the day and year first above 32 written. 33 34

NO TITLE SEARCH REQUESTED OR PERFORMED 35 36 37 38 39 40 41

EXHIBIT B

42 ATTEST: 43 City of Salisbury, a Municipal Corporation 44 45 46 ______________________________ _____________________________(SEAL) 47 Jacob R. Day, Mayor 48 49 STATE OF MARYLAND, COUNTY OF WICOMICO, TO-WIT: 50 51 I HEREBY CERTIFY, that on this ______ day of _____________, 2017, before me, the 52 subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Jacob 53 R. Day, known to me (or satisfactorily proven) to be the person whose name is subscribed to the 54 within deed and acknowledged that he is the Mayor of the City of Salisbury, Maryland and that 55 he has the legal authority on behalf of the Grantor to execute this deed for the purposes therein 56 contained and in my presence signaled and sealed the same. 57 58 AS WITNESS my hand and Notarial Seal. 59 60 61 ______________________________ 62 Notary Public 63 64 My Commission expires: ___________________ 65 66 67 I HEREBY CERTIFY that I am an attorney admitted to practice before the Court of 68 Appeals of Maryland, and that the foregoing instrument was prepared under my supervision. 69 70 71 ______________________________ 72 S. Mark Tilghman 73 74 75 76 77 78 79 80 81 82

EXHIBIT B

83 NO TITLE SEARCH REQUESTED OR PERFORMED 84