Mayor and Council of Federalsburg Monday, November 7, 2022 Public Hearing and Meeting @ 6:00 P.M.  This Meeting is being held at the Mayor and Council Meeting Room located at 118 North Main Street. Citizens who wish to participate by video shall follow  directions listed below: Join Zoom Meeting VeUF3SKFrdE9E0T09 Meeting ID: 87873929754 Passcode: TOFBusi  httpsl/us02web.zom.s/187873929754Fpwd-RIgk1RoSQUwVic  Agenda  I.  Call to Order  II. Welcome and Pledge of Allegiance, Invocation - Pastor Passion Tilghman III. Public Hearing - Ordinance 2022-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO AMEND CHAPTER 17 OF THE FEDERALSBURG TOWN CODE TITLED "ANIMALS" TO PROHIBIT THE KEEPING OF FARM ANIMALS IN ALL ZONING DISTRICTS ANDTO PROHIBIT THE KEEPING AND MAINTAINING OF ANY EXOTIC ANIMALS  AS DESCRIBED AND REGULATED BY STATE LAW  IV. Public Hearing - Ordinance 2022-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO REPEAL IN ITS ENTIRETY AND REENACT CHAPTER 65 OF THE FEDERALSBURG TOWN CODE TO PROVIDE ETHICS PROVISIONS APPLICABLE TO THE LOCAL ELECTED OFFICIALS, EMPLOYEES, AND APPOINTEES TO THE BOARDS AND COMMISSIONS OF  THE TOWN OF FEDERALSBURG  V. Public Comment VI. Approval of Minutes    VII. Action on Ordinance 2022-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO AMEND CHAPTER 17 OF THE FEDERALSBURG TOWN CODE TITLED "ANIMALS" TO PROHIBIT THE KEEPING OF FARM ANIMALS IN ALL ZONING DISTRICTS AND TO PROHIBIT THE KEEPING AND MAINTAINING OF ANY EXOTIC ANIMALS  AS DESCRIBED AND REGULATED BY STATE LAW  VIII. Action on Ordinance 2022-08 AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO REPEAL IN ITS ENTIRETY AND REENACT CHAPTER 65 OF THE FEDERALSBURG TOWN CODE TO PROVIDE ETHICS PROVISIONS APPLICABLE TO THE LOCAL ELECTED OFFICIALS, EMPLOYEES, AND APPOINTEES TO THE BOARDS AND COMMISSIONS OF  THE TOWN OF FEDERALSBURG  IX. Presentation = Town comprehensive Financial Review by Ms. Jennifer X. Follow Up Discussion of Quit Claim Deed Request for Hayman Drive XI. Review of Town Code of Ordinance Sections 239-8 and 239-12 (Private XII. Proclamation = November is Municipal Government Works Month  Diercksen, Davenport & Company  Well for Industrial Use)  XIII. Mayor & Council Action Items  * Councimember Windsor * Councilmember Sewell * Councilmember Phillips * Councilmember Willoughby * Mayor Abner  XIV. Executive Session - Personnel  XV. Adjournment NOTES:  THE MEETINGS ARE BEING RECORDED, PLEASE TURN OFF ALL CELLULAR DEVICES AND PAGERS DURING THE MEETING, PLEASE REMAIN QUIET,  UNLESS ADDRESSING THE COUNCIL.    Please Note: Pursuant to the Annotated Code of Maryland, State Government Article Section 10-508(a), the Council by majority vote may retire to executive or closed session at any time during the meeting. Should the Council retire to executive or closed session; the chair will announce the reasons and a report will be issued at a future meeting disclosing the reasons for such session. Meetings are conducted in Open Session unless otherwise indicated. All or part of Mayor and Council meetings can be held in closed session under the authority of the state open meetings law by vote of the Mayor and Council.  Rules for Public Comment  The Mayor and Council invite and welcome comments at public meetings. The Mayor or presiding officer will recognize you. Please introduce yourself at the podium (spelling your last name, for recording purposes) and give the name of your street and block  number (e.g., 100 block of Main Street).  Time limits for speaking are indicated on the meeting agenda. While speaking, please  maintain a courteous tone and avoid personal attack.        Mayor & Council of Federalsburg Monday, October 3, 2022  6:00 pm  The Mayor & Council of Federalsburg held their regular monthly meeting on Monday, October 3, 2022 at 6:00 pm, in the Mayor and Council meeting room located at Town Hall. Those in attendance were Mayor Abner and Councilmembers Sewell, Phillips, Willoughby and Windsor. Lyndsey Ryan, Town Attorney, staff and members of the public were also present. Mayor Abner called the meeting to order at 6:00 pm, welcomed all guests present and led the  group in the pledge of allegiance.  Closed Session  Mayor Abner reported that a closed session was held from 5:35 pm to 5:55 pm to obtain legal  advice. No action was taken.  Invocation - Pastor Stanford Ricks  A prayer ofi invocation was shared by Pastor Stanford Ricks.  Call to Order  Mayor Abner called the meeting to order at 6:00 pm, welcomed all guests present.  Public Comment  Bart Johnson - 106 Charlotte Avenue - Mr. Johnson reported that the Federalsburg Historical Society will host Heritage Day on October 15th. Mitch Northam, who wrote a book about High School Basketball on Eastern Shore and Tom Horton, CRHS and Hopkins graduate will be guests Jim Thomas - 319 University Avenue - Mr. Thomas asked why the residents weren't notified about the pending Cannabis Plant. Mr. Thomas was advised that preliminary discussions have taken place with the Mayor and Council, and Planning Commission, and all meeting were Frank Adams - 6962 Reliance Road - Mr. Adams stated that hei is a member of County and Town EDC and they were never notified oft the Cannabis Plant. He stated that hei felt the EDC Commission should have been consulted, so they could offer an opinion. Mr. Adams was asked  at the event. All are welcome.  advertised on the agenda, town website and Facebook.    what the EDC would like the Town to do. He stated that they would like to be included/involved in discussions when new businesses are coming to Town. The Mayor and Council also reported that MAS (Cannabis Company) is planning to hold a workshop/educational meeting with Town representatives to inform the public about their company and its operations. This meeting has not been scheduled to date but is planned for Councilmember Phillips reported that regarding the Aquacon facility, the only purge water that was discussed as being discharged into the river, was fresh water from the holding tanks at the end of the fish life cycle. There was question ift there were two discharge tubes into the river. The preliminary plans that were: shown, only included one discharge pipe into the river. The Town does not have a firm set of plans for the Aquacon project to date. The 211 acres of  the near future.  property have been annexed into Town, but nothing further.  Mary Webb - 211 West Central Avenue = Ms. Webb questioned if the Cannabis Plant is a done deal. She was advised that MAS has purchased the property and has begun interior demolition. She also questioned the smell from this project, and was advised that they have a State oft the Art Odor Control process with a misting system that suppresses the odor. This should eliminate the smell. Most of their process involves indoor growing. They also have many, many regulations from the State that are mandatory. The operations of this plant will include medicinal cannabis, no recreational, and no dispensary will be onsite. They will be heavily regulated by the State and have top of the line security measures at all times.  Frank Adams - Mr. Adams stated that representatives from the town toured a facility similar to this several years ago. The facility was very clean and very well kept, safe and secure. Allan Gerard - Mr. Gerard read from the Minutes oft the Caroline County Planning & Zoning meeting in 2020. Discussion at that meeting referred to discharge water. He also issued copies Gloria Dolan - 5116' Williamsburg Road - Ms. Dolan asked if the discharge from Aquacon is planned over a 90-day period - she doesn't understand how they plan to handle emergencies and discharge of the purge water. Ms. Dolan was advised that thet town cannot answer these Susan Andrews - Liberty Road - Ms. Andrews stated that she gets calls about garbage collection and water leaks all the time through the emergency call system, why can't the Town send out info on these meetings as well. The meeting info is placed on the agendas and posted on the website and Facebook. She also stated that there was a problem with the November 3,  tot the Mayor and Council.  questions because they haven'tseen any plans to date.  2020 audio link, Town Manager DiRe will look into it.    Mayor & Council Letter to MDE  The drafted letter was reviewed and discussed, and it was agreed that the Mayor and Council would like to request MDE obtain more information about this request prior to signing/approving it. Copies of the Mayor and Council's letter to MDE will be posted on the Councilmember Willoughby made a motion seconded by Councilmember Windsor and unanimously passed by a vote of five to zero requesting the MDE deny the permit request from  town website.  Aquacon until more information is obtained.  Approval of Minutes  Councilmember Phillips made a motion seconded by Councilmember Sewell and unanimously passed by a vote ofi five to zero approving the previous month's minutes as corrected. The  prayer of invocation was offered by Keith Colona.  Solar Project Wrap-Up - Scott Kane  Mr. Scott Kane, Solar Lane stated that the solar panel project wrapped up this week and will be transferred over to the Town. The system has been up and running for about a year and some Mr. Kane stated that they would like to have a ribbon cutting ceremony with the Town. They have talked with Governor Hogan and Peter Franchot and they have expressed interest in  minor tweaks have been made but it is running smoothly.  attending a ribbon cutting for this project. There were noi further questions.  Request to End Municipal Trash Service - Laurel Grove Acres  Town Manager DiRe reported that Laurel Grove Acres Apartments has requested to be removed from municipal trash collection services. They need large scale collection and staff Councilmember Willoughby made a motion seconded by Councilmember Windsor and unanimously passed by a vote of five to zero approving Laurel Grove Acres request to be removed from municipal trash collection. Town Manager DiRe will work with Laurel Grove to  recommends the Mayor and Council approve their request.  work out the details and time line.    Chapter 65 - Ethics Ordinance Text Amendments  Lyndsey Ryan, Town Attorney stated that the Town currently has an Ethics Ordinance, and the State recently adopted HB 363 and 1068, which establishes local commission guidelines. The State sent the Town a letter stating that all regulations must be updated toi include the new guidelines. Ms. Ryan has reviewed the amendments and sent to Mayor and Council for review. Councilmember Sewell made a motion seconded by Councilmember Windsor and unanimously passed by a vote oft five to zero approving the amended draft and introducing Ordinance No A public Hearing will be scheduled for the November regular meeting. Ms. Ryan asked if the Mayor and Council had any objections to holding the Public Hearing for the Animal Ordinance  2022-08.  at the November Meeting also, there were no objections. Old Denton Road Water Main Project Update  Town Manager DiRe reported that there is no update at this time, we are waiting for Informational Report on Town Industrial Well Use Permit Process, Industrial Water and Sewer Connection Process to Include Fee Structure and Related Matters Town Manager DiRe issued copies of the Information Report ini the weekly packet. This is for informational purposes only and is available on the town's website. There were a few questions and discussion from the audience. All information that the Town currently has, is available on the town's website. Residents were encouraged not to listen to "word on the street", because that info is likely not true. The Mayor and Council reiterated that no approvals have been given by the Town to date, and there will be several permits needed to proceed. Aquacon may have to redesign the project to get the necessary permits.  information from the Engineer.  Mayor & Council Action Items  Councilmember Windsor - reported that the Planning & Zoning Commission met on September 22nd and approved a preliminary site plan and demo permit for Phase 1 of the Cannabis Plant. MAS (Cannabis Plant) requested a joint educational meeting with the Planning Commission, the Lywood Electric received approval from the Board of Appeals for the site plan for new Wendy Garner is interested ini the open position on the Planning and Zoning Commission.  Mayor and Council and the public. They will be in touch to schedule.  construction at Bloomingdale Avenue.    Councilmember Sewell - reported that the Mayor and herself attended the Tawes Crab & Clam Councilmember Sewell suggested that the signs showing the old town website be removed Councilmember Phillips-t thanked the public for coming and encouraged them to keep coming. Councilmember Willoughby - reported that there are a couple spots on North Main and Bloomingdale Avenue where the limbs and growth are over taking space on sidewalk. Councilmember Willoughby also thanked the public for coming to the meeting and expressing their comments/concerns. He also stated that he has personally responded to every email/person who has signed the online petition. He has offered them info on the proper Frank Adams - asked if the Industrial Park Covenants can be amended, however, Aquacon is Pam Ayers - stated that she had no concerns about the Cannabis Plant, but requested the Roberta Butler - asked if the Mayor and Council would be paving/fixing roads in Brooklyn. She was advised that the Town plans to use spend approximately $1 million dollars from the ARPA funds to begin paving street. Those first on the priority list include Greenridge Road, Brooklyn Avenue and Park Lane/Morris Avenue. The Town hopes repairs will start in the fall or spring. Mayor Abner - reported that Councilmember Sewell and she went to Eastern Shore Assoc. of Municipalities quarterly meeting with other towns and discussed various topics ofi interest Mayor Abner thanked the Public Works Department for their extra cleanup efforts at the  Bake it was a great event and they did some good networking.  from the entrance signs coming into town.  contacts and thanked them fori their input. alreadyinvested in this property. Mayor and Council deny the fish farm.  among them.  marina, and stated that it looks much better.  She also thanked the Lions Club and Councilmember Sewell, along with herself planted mums in Mayor Abner reported that the Bi-Centennial Anniversary of the Town is next year. There isa kick-off event scheduled for October 15th after the Heritage Day event at FHS. This is a catered event and they will be unveiling the planned four core events sponsored by town next year.  various locations around town.    She also reported that the Blue Catfish Tournament will be held on November 5th, This is an evasive species that is killing and eating everything in the river. Details for the tournament  activities will be posted on the website and Facebook.  Adjournment  There being no further business, Councilmember Sewell made a motion seconded by Councilmember Windsor and unanimously passed by a vote of five to zero to adjourn the  meeting at 7:38 pm. Respectfully submitted, Kristy L. Marshall Clerk-1 Treasurer    ORDINANCE NO. 2022-  Introduced by:  AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO AMEND CHAPTER 17 OF THE FEDERALSBURG TOWN CODE TITLED ANIMALS" TO PROHIBIT THE KEEPING OF FARM ANIMALS IN ALL ZONING DISTRICTS AND TO PROHIBIT THE KEEPING AND MAINTAINING OF ANY EXOTIC ANIMALS AS WHEREAS, pursuant to Md. Code Ann. Local Government Article $ 5-202, the Mayor and Council have the authority to adopt ordinances to protect the health, comfort and  DESCRIBED AND REGULATED BY STATELAW  convenience ofthe residents of the municipality; and  WHEREAS, the Mayor and Council have determined that it is desirable and in the public interest to amend the Town Code toj prohibit the keeping of farm animals, except as permitted by the Zoning Ordinance, and to prohibit the keeping of exotic animals at any property within the  corporate limits of the Town.  NOW, THEREFORE, be it ordained by the Mayor and Council of Federalsburg as Section 1.: Chapter 17 of the Federalsburg Town Code is hereby repealed and replaced  follows: as follows:  17-1. Definitions. circumstances:  At large An animal shall be deemed at large under one or more of the following A. Whenever the animal is not on the owner's premises or property unaccompanied by the owner or other responsible person capable of physically restraining the animal B. Whenever the animal is not under direct control by the owner or other responsible person by means of a leash or personal presence sufficient to control the animal's Farm animal - for the purpose of this Ordinance, shall include, but not be limited to: Çows, horses, mules, donkeys, goats, sheep, hogs, lama, chickens, turkeys, Keeping or Harboring The act of feeding or sheltering an animal on the Owner Any person having a right of property in an animal, and any person who keeps or harbors an animal, has it in his care, acts as a custodian, or  and/or controlling its behavior.  conduct.  ducks, geese and pigeons, or similar fowl or hooved animals. physical premises by the owner or occupant oft those premises.    otherwise permits that animal to remain on or about any premises owned, Public Nuisance Any animal found repeatedly to be disturbing the public peace, damaging property, molesting, or showing intent to molest passersby, chasing vehicles, or acting in any manner which is deemed to be doing damage to public or private property or to the public health and safety, or which is known to have bitten two or more persons, which shall have been determined by any authorized health official to be a detriment to public health or safety, or depositing excretory matter on property other than that of the owner. The owner of any such Vicious Animal Any animal that constitutes a physical threat to human beings or other animals by virtue of its conduct, behavior, or specialized training, except animals belonging to a government agency and acting in the official performance  occupied or controlled by him.  animal may be charged with maintaining aj public nuisance.  ofauthorized duty or duties. 17-2. Licensing and vaccination.  A. Licensing of any and all animals within the Town of Federalsburg shall be subject to the laws and requirements of Caroline County as adopted by the County Commissioners of Caroline County and as amended from time to B. Vaccination of animals within the Town of Federalsburg against rabies and any other communicable diseases shall be required by the applicable  time.  laws of Caroline County as amended from time to time.  17-3. Keeping of farm animals prohibited.  Its shall be unlawful to keep and maintain within the corporate limits of the Town any animals generally considered to be farm animals, except as provided in  Section 245-119.3 oft the Federalsburg Zoning Ordinance.  17-4. Exotic animals prohibited.  1) No property owner shall allow any exotic animal described and regulated pursuant to Md. Code Ann. Criminal Law Article $ 10-621 to be kept, Notwithstanding the provisions of 1) above, nothing set forth in this Chapter shall prevent an animal from being treated, kept or maintained in a veterinarian clinic or an animal shelter or animal sanctuary where such use is authorized and permitted under this Zoning Ordinance.  possessed or maintained in any zoning district.  2)  17-5. Control of animals required.    All owners of any animal or animals shall exercise sufficient care and control of such animals to prevent those animals from being a public nuisance as defined in  $ 17-1.  17-6. Running at large prohibited.  Its shall be unlawful for any owner or keeper of an animal to permit that animal to run at large as defined in $ 17-1 within the corporate limits of the Town of  Federalsburg. 17-7. Vicious animals.  Any vicious animal, or an animal which has demonstrated behavior which may be deemed vicious must be confined to the physical premises or property of its owner or custodian, at all times, in a manner sufficient toj prevent that animal from reaching persons who may have reason to lawfully enter upon those premises at any reasonable time. Such animal shall not be taken from that confinement on the premises unless muzzled or under sufficient control to prevent threats to public  safety.  17-8. Enforcement.  The Mayor and Council of Federalsburg through their agents, employees, and designees are hereby authorized and directed to administer and enforce this chapter within the municipal boundaries of the Town of Federalsburg.  17-9. Violations and penalties.  A. Any person who willfully violates any provision of this chapter shall be guilty of a municipal infraction, and upon conviction thereof by a court of competent jurisdiction shall be subject to the fines as set forth in Chapter 1, Article I. B. Each and every day that such violation remains shall be deemed a separate C.A Any and all court costs and/or costs of prosecution shall be paid by the violator upon conviction, in addition to any specified penalties described above.  offense.  Section 2. In accordance with Section C3-10, of the Federalsburg Town Charter, this Ordinance shall take effect and be in full force and effect twenty (20) days from and after the  date ofi its final passage and adoption.  Yea/Nay    Kimberly Abner Debra Sewell Edward H.Windsor Robert Willoughby Scott Phillips day of  - hereby certify that the above Ordinance was passed by a yea and nay vote of the  Council this  2022.  Kimberly Abner, Mayor  Delivered by the Mayor and recorded by me in the Minute Books of the Mayor and  Council of Federalsburg this  day of  2022.  Kristy Marshall, Town Clerk  Date Introduced: Date Amendments Introduced: Date Passed: Effective Date:    ORDINANCE NO. 2022-07  Introduced by:  AN ORDINANCE OF THE MAYOR AND COUNCIL OF FEDERALSBURG TO REPEAL IN ITS ENTIRETY AND REENACT CHAPTER 65 OF THE FEDERALSBURG TOWN CODE TO PROVIDE ETHICS PROVISIONS APPLICABLE TO THE LOCAL ELECTED OFFICIALS, EMPLOYEES, AND APPOINTEES TO THE BOARDS AND WHEREAS, pursuant to Md. Code Ann. Local Government Article $ 5-202, the Mayor and Council have the authority to adopt ordinances to protect the health, comfort and  COMMISSIONS OF THE TOWN OF FEDERALSBURG  convenience of the residents of the municipality; and  WHEREAS, in 2010 the Maryland General Assembly required local governments to adopt conflict of interest, financial disclosure and lobbying provisions to local ethics ordinances;  and  WHEREAS, on December 8, 20111, the Town was granted aj partial exemption pursuant to COMAR 19A.04.03.03 which exempts the Town from adopting lobbying provisions; and WHEREAS, on November 5, 2012, the Mayor and Council adopted Ordinance 2012-14, adopting a revised Ethics Code to provide conflict of interest and financial disclosure ethics  provisions; and  WHEREAS, in 2017, the General' Assembly passed House Bill 879 which made WHEREAS, during the 2021 General Assembly session, House Bill 363 and House Bill 1058 were enacted which made multiple modifications to the State Ethics Law, including new conflict of interest provisions and additional disclosures for State elected officials that local  amendments to the Maryland Public Ethics Law; and  governments must incorporate into their ethics ordinances; and  WHEREAS, to comply with the changes to the State Ethics Law, the Mayor and Council have determined that it is desirable and in the public interest to repeal Chapter 65 of the Federalsburg Town Code in its entirety and to adopt a new ethics ordinance which contains the  required conflict ofinterest and financial disclosure requirements.  Section 1. The Federalsburg Town Code, Chapter 65 is repealed in its entirety and Section 2. In accordance with Section C3-10, of the Federalsburg Town Charter, this Ordinance shall take effect and be in full force and effect twenty (20) days from and after the  reenacted as attached hereto as Exhibit A.  date ofi its final passage and adoption.    Yea/Nay  Kimberly Abner Debra Sewell Edward H.Windsor Robert Willoughby Scott Phillips day of  I hereby certify that the above Ordinance was passed by a yea and nay vote. of the  Council this  2022.  Kimberly Abner, Mayor  Delivered by the Mayor and recorded by me in the Minute Books of the Mayor and  Council of Federalsburg this day of  2022.  Kristy Marshall, Town Clerk  Date Introduced: Date. Amendments Introduced: Date Passed: Effective Date:    CHAPTER 65-1 ETHICS PROVISIONS  $65-1.  Applicability.  The provisions of this chapter apply to all Town elected officials, employees, and  appointees to boards and commissions of the Town of] Federalsburg.  65-2. Definitions.  In this chapter, thej following terms have the meanings indicated.  (a) (1) "Business entity" means a corporation, general or limited partnership, sole proprietorship, joint venture, unincorporated. association orj firm, institution, trust, foundation, or other organization,  whether or not operated for profit.  (2) Business entity does not include a governmental entity.  (b) "Commission"? means the Federalsburg Ethics Commission established under this chapter. (c) (1) "Compensation " means any money or thing of value, regardless ofform, received or to be received by any individua! covered by this chapter from an employer. for service rendered. (2). For the purposes of $80 ofthis chapter, iflobbying is only aj portion ofa person's employment, "compensation' - means a prorated amount based on the time devoted to lobbying  compared: to the time devoted to other employment duties. (c-1) Designatedsecona. home"means:  (1)Ifani individual owns one. second home, the individual's second home; or (2)Ifani individual owns more than one second home, any one second home the individual identifies to the Commission as the individual's designated. second home.  (d) "Doing business with" means:  (1). Having or negotiating a contract that involves the commitment, either in a single or combination oftransactions, of85,000 or more ofTown of Federalsburg controlledfunds; (2). Being regulated by or otherwise subject to the authority ofthe Town of Federalsburg; or  (3). Being registered as a lobbyist under this chapter.  (e) (1) "Elected official" means any individual who holds an elective office ofthe Town of  Federalsburg. ofthe Court.  (2) "Elected official" does noti include the, Sheriff, State' 's Attorney, Register of Wills, or Clerk  () (1) "Employee" means an individual who is employed by the Town of Federalsburg.    (2) "Employee", does noti include an elected local official. (3) "Employee" does noti include an employee of:  (i) The offices ofthe Sheriff, State' 's Attorney, Register of Wills, or Clerk oft the Court;  (ii) The County. Health Department; or (ii) The County. Department of Social Services.  (g) "Financialinterest" means:  (1) Ownership of any interest as the result ofwhich the owner has received, within the past. 3 years, or is presently receiving, or in the future is entitled to receive, more than $1,000 per (2) Ownership, or the ownership of securities ofany kind representing or convertible into ownership, ofmore than. 3 percent ofa business entity by a Town official or employee, or the (h) (1) "Gif!" means the transfer of anything of economic value, regardless of the form, without  year; or  spouse of an official or employee.  adequate and lawful consideration.  (2) "Gif" does not include a contribution as defined in Election Law Article, Annotated Code  of Marpland.  (h-1) "Home address" means the address of an individual's:  (1). Principal home; and (2). Designated: second home, ifany.  (i) Immediate family" means a spouse and dependent children.  G)(1) "Interest" means a legal or equitable economic interest, whether or nots subject to an encumbrance or a condition, that is owned or held, in whole or inj part, jointly or severally, directly or  indirectly.  (2). For purposes ofthis chapter, "interest" includes any interest held at any time during the  reporting period.  (3) "Interest" does not include:  (i). An interest held in the capacity ofa personal agent, custodian, fiduciary, personal representative, or trustee, unless the holder has an equitable interest in the subject (ii). An interest in a time or demand deposit in aj financial institution;  matter;  (iii). An interest in an insurance policy, endowment policy, or annuity contract under which an insurer, promises to pay aj fixed amount of money either in a lump sum or  periodically, for life or a specified period;    (iv). A common trust fund or a trust which forms part ofay pension or profit sharing plan which has more than 25 participants and which has been determined by the Internal Revenue Service to be a qualified trust under the Internal Revenue Code; (v) A college savings plan under the Internal. Revenue Code; or  (vi). A mutual fund or exchange-traded) fund that is publicly traded on a national scale unless the mutual fund or exchange-traded) fund is composed primarily ofholdings of stocks and interests in a specific sector or area that is regulated by the individual's  governmental unit.  (k) "Lobbyist" means aj person required to register and report expenses related to lobbying under $8 of  this chapter. (1) "Lobbying" means:  (1) Communicating in the presence ofa Town official or employee with the intent to influence (2) Engaging in activities with the express, purpose ofs soliciting others to communicate with a Town official or employee with the intent to influence that official or employee. (m) "Official", means an elected official, an employee of the Town, or a person appointed to or employed by the Town or any Town agency, board, commission, or similar entity: (1) Whether or not paid in whole or in part with Town funds; and  any official action oft that official or employee; or  (2) Whether or not compensated.  (n) "Personl"includes. an individual or business entity.  (n-1) "Principal home" means the sole residential property that an individual occupies as the individual's primary residence, whether owned or rented by the individual. (0) "Qualified relative" means a spouse, parent, child, brother, or sister.  (p) Ouas-govermenta. entity" means an entity that is created by. State statute, that performs aj public function, and that is supported in whole or inj part by the State but is managed privately.  (q) "Second home"means a residential, property that:  (1). An individual occupies fors some portion of thej filing. year; and  (2). Is not a rental property or ai time share. Ethics Commission.  $65-3.  A. There is a Town Ethics commission that consists of three members appointed by  the Mayor and Council.    B. The Commission shall:  (1) Devise, receive, and maintain all forms required by this chapter; (2) Develop procedures and policies for advisory opinion requests and provide published advisory opinions toj persons subject to this chapter regarding the applicability of the provisions ofthis chapter to them; (3) Develop procedures and policies for the processing of complaints to make appropriate determinations regarding complaints filed by any person  alleging violations of this chapter; and application oft this chapter.  (4) Conduct a public information program regarding the purposes and  C. The Town Attorney shall advise the Commission.  D. The Commission shall certify to the State Ethics Commission on or before October 1 of each year that the Town is in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code ofMaryland, for elected local officials. E. The Commission shall determine if changes to this chapter are required to be in compliance with the requirements of State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland, and shall forward any recommended changes and amendments to the Town  Council for enactment.  F. The Commission may adopt other policies and procedures to assist in the  implementation of the Commission's programs established in this chapter.  $65-4.  Conflicts of Interest  A. In this section, "qualified relative" means a spouse, parent, child, or sibling. B. All Town elected officials, officials appointed to Town boards and commissions  subject to this chapter, and employees are subject to this section;  C.  Participation prohibitions. may not participate in:  (1) Except as permitted by Commission regulation or opinion, an official or employee  (a) Except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision of the matter, any matter in which, to the knowledge of the official or employee, the official or employee, ora qualified relative of the official or employee has an interest.    (b) Except in the exercise of an administrative or ministerial duty that does not affect the disposition or decision with respect to the matter, any matter [] A business entity in which the official or employee has a direct financial interest of which the official or employee may reasonably  in which any oft the following is aj party:  be expected to know;  [2] A business entity for which the official, employee, or a qualified relative of the official or employee is an officer, director, trustee,  partner, or employee;  [3] A business entity with which the official or employee or, to the knowledge of the official or employee, a qualified relative is negotiating employment or has any arrangement concerning  prospective employment;  [4] Ift the contract reasonably could be expected to result in a conflict between the private interests of the official or employee and the official duties of the official or employee, a business entity that is a party to an existing contract with the official or employee, or which, to the knowledge oft the official or employee, is aj party to a  contract with a qualified relative;  [5] An entity, doing business with the Town, in which a direct  financial interest is owned by another entity in which the official or employee has a direct financial interest, ifthe official or employee may be reasonably expected to know ofboth direct financial  interests; or [6] A business entity that:  [a] The official or employee knows is a creditor or obligee of the official or employee or a qualified relative oft the official or employee with respect to a thing of economic  value; and  [b] Asac creditor or obligee, is in aj position to directly and substantially affect the interest oft the official or employee ora qualified relative oft the official or employee.  (2) Aj person who is disqualified from participating under paragraphs (1)or (2) oft this subsection shall disclose the nature and circumstances ofthe  conflict and may participate or acti if:    (a) The disqualification leaves a body with less than a quorum capable (b) The disqualified official or employee is required by law to act; or (c) The disqualified official or employee is the only person authorized  ofacting;  toa act.  (3) The prohibitions of Subsection C(1)(a) and (b) of this subsection do not applyi ifparticipation is allowed by regulation or opinion of the Commission.  D. Employment and financial interest restrictions.  (1) Except as permitted by regulation oft the Commission when the interest is disclosed or when the employment does not create a conflict ofinterest or appearance of conflict, an official or employee may not: (a) Be employed by or have a financial interest in any entity:  [1] Subject to the authority oft the official or employee or the Town agency, board, commission with which the official or  employee is affiliated; or  [2] That is negotiating or has entered a contract with the agency, board, or commission with which the official or  employee is affiliated; or  (b) Hold any other employment relationship that would impair the impartiality or independence ofj judgment of the official or  employee.  (2) This prohibition does not apply to:  (a) An official or employee who is appointed to a regulatory or licensing authority pursuant to a statutory requirement that persons subject to the jurisdiction oft the authority be represented in  appointments to the authority;  (b) Subject to other provisions ofl law, a member ofa a board or commission in regard to a financial interest or employment held at the time of appointment, provided the financial interest or employment is publicly disclosed to the appointing authority and  the Commission;  (c) An official or employee whose duties are: ministerial, ift the private employment or financial interest does not create a conflict of    interest or the appearance ofa conflict ofinterest, as permitted by and in accordance with regulations adopted by the Commission; or (d) Employment or financial interests allowed by regulation of the Commission ift the employment does not create a conflict of interest or the appearance ofa conflict ofi interest or the financial  interest is disclosed.  E.  Post-employment limitations and restrictions.  (1) A former official or employee may not assist or represent any party other than the Town for compensation in a case, contract, or other specific matter involving the Town ifthat matter is one in which the former official or employee significantly participated as an official or employee. (2) URHH-Re-eemeHsIeeFRPENEegHarseseRtHaEBeginS-AHtertRe lectiedefieialleavesofise,temme-meFmekerOFERelowCeHme-may motassisterrepresentameerpaiy-fersempemsaliein-alterthatis: e-sHbyeeteflegislatiye-aetien. Aj former member ofthe Town Council may not assist or represent another party, for compensation in a matter that is the subject of legislative action for one calendar, year after the  elected official leaves office.  F.  Contingent compensation. Except in a judicial or quasi-judicial proceeding, an  official or employee may not assist or represent a party for contingent compensation in any  matter before or involving the Town.  G. Use of prestige of office.  (1) An official or employee may noti intentionally use the prestige of office or public position for the private gain oft that official or employee or the  private gain of another.  (2) This subsection does not prohibit the performance of usual and customary constituent services by an elected local official without additional  compensation.  H. Solicitation and acceptance of gifts.  (1) An official or employee may not solicit any gift.  (2) An official or employee may not directly solicit or facilitate the solicitation ofa a gift, on behalf ofanother person, from an individual  regulated lobbyist.    (3) An official or employee may not knowingly accept a gift, directly or indirectly, from a person that the official or employee knows or has the (a) Is doing business with or seeking to do business with the Town office, agency, board, or commission with which the official or  reason to know:  employee is affiliated;  (b) Has financial interests that may be substantially and materially affected, in ai manner distinguishable from the public generally, by the performance or nonpertormance of the official duties oft the  official or employee;  (c) Ise engaged in an activity regulated or controlled by the official's (d) Isal lobbyist with respect to matters within the jurisdiction of the (e) Is an association, or an entity acting on behalfofan association that is engaged only in representing counties or municipal  ore employe'sgovemmental unit; or  official or employee.  corporations.  (4) Subsection H(5) oft this section does not apply to a gift:  (a) That would tend to impair the impartiality and the independence of judgment of the official or employee receiving the gift; (b) Ofs significant value that would give the appearance ofi impairing the impartiality and independence ofjudgment oft the official or  employee; or  (c) Ofs significant value that the recipient official or employee believes orl has reason to believe is designed to impair the impartiality and independence ofjudgment oft the official or employee.  (5) Notwithstanding subsection H(3) oft this subsection, an official or  employee may accept the following:  (a) Meals and beverages consumed in the presence oft the donor or (b) Ceremonial gifts or awards that have insignificant monetary value; (c) Unsolicited gifts of nominal value that do not exceed $20 in cost or  sponsoring entity;  trivial items ofinformational value;    (d) Reasonable expenses for food, travel, lodging, and scheduled entertainment oft the official or the employee at ai meeting which is given ini return for the participation oft the official or employee in a  panel or speaking engagement at the meeting;  (e) Gifts oftickets or free admission extended to an elected local official to attend a charitable, cultural, or political event, ifthe purpose of this gift or admission is a courtesy or ceremony  extended to the elected official's office;  (f) As specific gift or class of gifts that the Commission exempts from the operation oft this subsection upon a finding, in writing, that acceptance ofthe gift or class of gifts would not be detrimental to the impartial conduct of the business of the Town and that the gift  is purely personal and private in nature;  (g) Gifts from aj person related to the official or employee by blood or marriage, or any other individual who is a member oft the household oft the official or employee; or  (h) Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is not related in any way to the  official's or employee's official position.  I.  Disclosure of confidential information. Other than in the discharge of official  duties, an official or employee or former official or employee may not disclose or use confidential information, that the official or employee acquired by reason of the official's or employee's public position or former public position and that is not available to the public, for  the economic benefit of the official or employee or that ofanother person.  J.  Participation inj procurement.  (1) An individual or aj person that employs an individual who assists a Town agency in the drafting ofs specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid orj proposal for that procurement or assist or represent another person, directly or indirectly, who is submitting al bid or proposal for the procurement.  (2) The Commission may establish exemptions from the requirements of this section for providing descriptive literature, sole source procurements, and  written comments solicited by the procuring agency.  K. An official or employee many not retaliate against an individual for reporting or participating in an investigation ofa) potential violation ofthel local ethics law or ordinance.    $65-5.  Financial disclosure -) local elected officials and candidates to be local elected  officials.  A. Applicability; filing deadlines.  (1) This section applies to all local elected officials and candidates to be local (2) Except as provided in subsection B oft this section, a local elected official orac candidate to be a local elected official shall file the financial disclosure statement required under this section: (a) Ona form provided by the Commission; (b) Under oath or affirmation; and (c) With the Commission. (3) Deadlines for filing statements.  elected officials.  (a) An incumbent local elected official shall file a financial disclosure statement annually no later than April 30 of each year for the  preceding calendar year.  (b) An individual who is appointed to fill a vacancy in an office for which a financial disclosure statement is required and who has not already filed a financial disclosure statement shall file a statement for the preceding calendar year within 30 days after appointment. (c) An individual who, other than by reason of death, leaves an office for which a statement is required shall file a statement within 60 days after leaving the office. The statement shall cover:  [1] The calendar year immediately preceding the year in which the individual left office, unless a statement covering that year has already been filed  by the individual; and  [2] The portion oft the current calendar year during which the individual held the office.  B. Candidates tol be local elected officials.  (1) Except for an official who has filed a financial disclosure statement under another provision oft this section for the reporting period, a candidate to be an elected local official shall file under a financial disclosure statement    each year beginning with the year in which the certificate of candidacy is  filed through the year oft the election.  (2) A candidate to be an elected local official shall file a statement required  under this section:  (a) In the year the certificate of candidacy is filed, no later than the (b) Ini the year oft the election, on or before the earlier of April 30 or the last day for the withdrawal of candidacy; and (c) In all other years for which a statement is required, on or before  filing ofthe certificate of candidacy;  April 30.  (3) A candidate tol be an elected official:  (a) May file the statement required under S 65-5B(2)(a) of this chapter with the Town Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to: filing the  certificate of candidacy; and the Commission.  (b) Shall file the statements required under S 65-5B(2)(b) and (c) with  (4) Ifac candidate fails to file a statement. required by this section after written notice is provided by the Town Clerk or Board of] Election Supervisors at least 8: 20 days before the last day for the withdrawal of candidacy, the candidate is deemed to have withdrawn the candidacy.  (5) The Town Clerk or Board ofElection Supervisors may: not accept any certificate of candidacy unless a statement has been filed in proper form. (6) Within 30 days oft the receipt ofas statement required under this section, the Town Clerk or Board of Election Supervisors shall forward the statement to the Commission or the office designated by the Commission.  C.  Public record.  (1) The Commission or office designated by the Commission shall maintain all: financial disclosure statements filed under this section. (2) Financial disclosure statements shall be made available during normal office hours for examination and copying by the public subject to reasonable fees and administrative procedures established by the  Commission.    (3) Ifani individual examines or copies ai financial disclosure statement, the Commission or the office designated by the Commission shall record: (a) The name and home address of the individual reviewing or (b) The name of the person whose financial disclosure statement was  copying the statement; and examined or copied.  (4) Upon request by the official or employee whose financial disclosure statement was examined or copied, the Commission or the office designated by the Commission shall provide the official with a copy oft the name and home address oft the person who reviewed the official's  financial disclosure statement.  (5) The Commission or office designated by the Commission shall not provide public access to information related to consideration received  from:  (a) The University of Maryland Medical Systems;  (b). A governmental entity of the State or a local government in the (c). A quasl-govermmental entity ofthe State or local government in the  State; or State.  (6) Fors statements filed afier. January 1, 2019, the Commission or the office designated by the Commission may not provide public access to an individual's home address that the individual has designated. as the  individual's home address.  D. Retention requirements. The Commission or the office designated by the Commission shall retain financial disclosure statements for four years from the date of receipt. E. An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as.  FE. Contents of statement.  (1) Interests in real property.  (a) A statement filed under this section shall include a schedule of all  interests in real property wherever located.    (b) For each interest in real property, the schedule shall include: [1] The nature of the property and the location by street address, mailing address, or legal description oft the  property;  [2] The nature and extent of the interest held, including any conditions and encumbrances on the interest; [3] The date when, the manner in which, and the identity oft the person from whom the interest was acquired; [4] The nature and amount oft the consideration given in exchange for the interest or, ifa acquired other than by purchase, the fair market value of the interest at the time  acquired;  [5] Ifany interest was transferred, in whole or in part, at any time during the reporting period, a description oft the interest transferred, the nature and amount of the consideration received for the interest, and the identity of the person to whom the interest was transferred; and [6] The identity ofany other person with an interest in the  property.  (2) Interests in corporations and partnerships.  (a) A statement filed under this section shall include a schedule ofa all interests in any corporation, partnership, limited liability partnership, or limited liability company, regardless of whether the corporation or partnership does business with the Town. (b) For each interest reported under this paragraph, the schedule shall  include:  [1] The name and address of the principal office ofthe corporation, partnership, limited liability partnership, or  limited liability corporation;  [2] The nature and amount oft the interest held, including any conditions and encumbrances on the interest; [3] With respect to any interest transferred, in whole or in part, at any time during the reporting period, a description ofthe interest transferred, the nature and amount of the    consideration received for the interest, and, ifknown, the identity oft the person to whom the interest was transferred;  and period:  [4] With respect to any interest acquired during the reporting  [a] The date when, the manner in which, and the identity of the person from whom the interest was  acquired; and  [b] The nature and the amount of the consideration given in exchange for the interest or, ifacquired other than by purchase, the fair market value oft the  interest at the time acquired.  (c) An individual may satisfy the requirement to report the amount of the interest held under item (b)[2] oft this paragraph by reporting, [1] For an equity interest in a corporation, the number of shares held and, unless the corporation's stock is publicly traded, the percentage of equity interest held; or  instead ofa dollar amount:  [2] For an equity interest in a partnership, the percentage of  equity interest held.  (3) Interests in business entities doing business with the Town.  (a) A statement filed under this section shall include a schedule ofall interests in any business entity that does business with the Town, other than interests reported under Subsection E(2) ofthis  subsection. include:  (b) For each interest reported under this paragraph, the schedule shall  [1] The name and address oft the principal office oft the [2] The nature and amount oft the interest held, including any conditions to and encumbrances in the interest; [3] With respect to any interest transferred, in whole or inj part, at any time during the reporting period, a description oft the interest transferred, the nature and amount oft the  business entity;    consideration received in exchange for the interest, and, if known, the identity oft the person to whom the interest was  transferred; and period:  [4] With respect to any interest acquired during the reporting  [a] The date when, the manner in which, and the identity of the person from whom the interest was  acquired; and  [b] The nature and the amount ofthe consideration given in exchange for the interest or, ifacquired other than by purchase, the fair market value oft the  interest at the time acquired.  (4) Gifts.  (a) A statement filed under this section shall include a schedule of each gift in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalfof, directly or indirectly, any one person who does business with or is regulated by the Town orj from an association, or any entity acting on behalfof an association that is engaged only in representing counties or municipal corporations. (b) For each gift reported, the schedule shall include:  [1] A description of the nature and value oft the gift; and [2] The identity of the person from whom, or on behalf fof whom, directly or indirectly, the gift was received.  (5) Employment with or interests in entities doing business with the Town. (a) A statement filed under this section shall include a schedule ofall offices, directorships, and salaried employment by the individual or member of the immediate family oft the individual held at any time during the reporting period with entities doing business with  the Town. include:  (b) For each position reported under this paragraph, the schedule shall  [1] The name and address of the principal office ofthe  business entity;    [2] The title and nature of the office, directorship, or salaried employment held and the date it commenced; and [3] The name of each Town agency with which the entity is  involved.  (6) Indebtedness to entities doing business with the Town.  (a) A statement filed under this section shall include a schedule ofall liabilities, excluding retail credit accounts, toj persons doing business with the Town owed at any time during the reporting  period:  [1] By the individual; or  [2] By a member oft the immediate family oft the individual if the individual was involved in the transaction giving rise to  the liability.  (b) For each liability reported under this paragraph, the schedule shall  include:  [1] The identity of the person to whom the liability was owed [2] The amount oft the liability owed as of the end of the [3] The terms of payment of the liability and the extent to which the principal amount of the liability was increased or  and the date the liability was incurred;  reporting period;  reduced during the year; and  [4] The security given, ifany, for the liability.  (7) A statement filed under this section shall include a schedule oft the immediate family members of the individual employed by the Town in  any capacity at any time during the reporting period.  (8) Sources of earned income.  (a) A statement filed under this section shall include a schedule oft the name and address of each place of employment and of each business entity of which the individual or a member oft the individual's immediate family was a sole or partial owner and from which the individual or member oft the individual's immediate    family received earned income, at any time during the reporting  period.  (b) A minor child's employment or business ownership need not be disclosed ift the agency that employs the individual does not regulate, exercise authority over, or contract with the place of employment or business entity of the minor child. Local Government, or Quasi-Govermmenta. Entity.  (9) Relationship with University ofMaryland Medical. System, State or  (a). An individual shall disclose the information specified in General Provisions Article $5-6070)(1), Annotated Code of Marpland, for  any financial or contractual relationship with:  i.7 The University of Maryland Medical System; ii. A governmental entity of the State or a local ii. A quasi-govermmentar entity of the State or local  government in the State; or government in the State.  (b). For each financial or contractual relationship reported, the schedule  shall include:  i.A description of the relationship;  ii. Thesubject matter of the relationship; and  iii. Thec consideration.  (9) A statement filed under this section may also include a schedule of  additional interests or information that the individual making the statement  wishes to disclose.  GE. For the purposes ofs $ 65-5E(1), (2), and (3) oft this chapter, the following interests  are considered to be thei interests oft the individual making the statement:  (1) An interest held by a member oft the individual's immediate family, ift the interest was, at any time during the reporting period, directly or indirectly  controlled by the individual.  (2) AmiewthallyehuawA-wa1eke greaterinterestatanytmedatingthereperimgpenes: An interest held,  at any time during the applicable period, by:    (a) A business entity in which the individual held a 10% or greater (b) A business entity described in subsection (a) ofthis section in which  interest;  the business entity held a 25% or greater interest;  (c) A business entity described in section (b) ofthis section in which the (d)A business entity in which the individual directly or indirectly, through an interest in one o1 a combination of other business  business entity held a 50% or greater interest; and  entities, holds a 10% or greater interest.  (3) An interest held by a trust or an estate in which, at any time during the  reporting period:  (a) The individual held a reversionary interest or was a beneficiary; or  (b) Ifar revocable trust, the individual was a settler.  HG. Compliance and enforcement.  (1) The Commission shall review the financial disclosure statements submitted under this section for compliance with the provisions oft this section and shall notify an individual submitting the statement of any omissions or deficiencies. (2) The Town Ethics Commission may take appropriate enforcement action to  ensure compliance with this section.  $65-6.  Financial disclosure - employees and appointed officials.  A. This section only applies to all appointed Town officials and all employees who have decision-making and/or policy responsibilities, or are involved in the commitment of  municipal public funds. or affirmation.  B. A statement filed under this section shall be filed with the Commission under oath C. On or before April 30 of each year during which an official or employee holds office, an official or employee shall file a statement disclosing gifts received during the preceding calendar year from any person that contracts with or is regulated by the Town, including the name of the donor oft the gift and the approximate retail value at the time ofreceipt. D. An official or employee shall disclose employment and interests that raise conflicts ofinterest or potential conflicts of interest in connection with a specific proposed action    by the employee or official sufficiently in advance of the action to provide adequate disclosure to  the public.  E. The Commission shall maintain all disclosure statements filed under this section as public records available for public inspection and copying as provided in $ 65-5C and D of  this chapter. $65-7.  Exemptions and modifications.  The Commission may grant exemptions and modifications to the provisions of 88 65-3 and 65-4 of this chapter to employees and to appointed members of the Town Board of Commissions, when the Commission finds that an exemption or modification would not be contrary to the purposes of this chapter, and the application ofthis chapter would:  A. Constitute an unreasonable invasion of privacy; and  B. Significantly reduce the availability of qualified persons for public service.  65-8. Lobbying Disclosures.  A. Any person who personally appears before any Town official, Board or employee, with the intent to influence that person in performance with his or her official duties, and in connection with such intent, expends or reasonably expects to expend in ag given calendar year, in excess of $250 on. food, entertaimment oF other gifis for such officials, shall file a registration statement with the Commission not later than January 15 of the calendar  year or within five days after making these appearances.  B. The registration statement shall include complete identification ofthe registrant and of any other person on whose behalf the registrant acts, and the subject matter on which  the registrant proposes to make these appearances.  C. Registrants under this Section shall file a report within 30 days after the end of any calendar, year during which they were registered, disclosing the value, date and nature of any.food, entertainment or other gift provided to a Town official or Town employee. When a gift o1 series of gifts to a single official or employee exceeds $50 in value, the official or  employee shall also be identified.  D. The registrations and reports. filed pursuant to this Section shall be maintained by the Commission for four years as public records available for public inspection and  copying.  $65-.Enforeement.  A. The Commission may:    (1) Assess a late fee of $2 per day up to ai maximum of $250 for a failure to timely file a financial disclosure statement required under 88 65-40r65-5  oft this chapter; ofthis chapter.  (2) Issue a cease and desist order against any person found tol be in violation  B. Upon a finding ofa violation of any provision of this chapter, the Commission may: (1) Issue an order of compliance directing the respondent to cease and  desist from the violation; (2) Issue a reprimand; or  (3) Recommend to the appropriate authority other appropriate discipline of the respondent, including censure or removal ift that  discipline is authorized by law.  A. Petition for relief.  (1) Upon request by the Commission, the Town Attorney may file a petition for injunctive or other reliefi in the circuit court of Caroline County, or in any other court having proper venue for the purpose oft requiring compliance with the  provisions of this chapter. (2) The court may:  (a) Issue an order to cease and desist from the violation; (b) Except as provided in Subsection C(3) oft this section, void an official action taken by an official or employee with a conflict ofi interest prohibited by this chapter when the action arises from or concerns the subject matter oft the conflict and ift the legal action is brought within 90 days of the occurrence oft the official action, ift the court deems voiding the action to be in the best interest oft the public; or (c) Impose a fine ofu up to $5,000 for any violation oft the provisions of this chapter, with each day upon which the violation occurs constituting a separate offense.  (3) A court may not void any official action appropriating public funds, levying taxes, or providing for the issuance oft bonds, notes,  or other evidences of public obligations.    D. In addition to any other enforcement provisions in this chapter, a person who the  Commission or a court finds has violated this chapter:  (1) Is subject to termination or other disciplinary action; and (2) May be suspended from receiving payment of salary or other  compensation pending full compliance with the terms of an order oft the  Commission or a court.  E. A Town official or employee found to have violated this chapter is subject to disciplinary or other appropriate personnel action, including removal from office, disciplinary  action, suspension of salary, or other sanction.  F. A finding of a violation of this chapter by the Commission is public information.        a >  A 8 E  C e e 8 of e  3    9 I  a  & 8  is CU n -  e in  is  @    a    1  AN  3 9 10 00 n CU 00  00  1e  e C 9  3    00  9  1  of 6 e 3 a    e  1  U @ @  E(  a    5  a    - ' S 6 8 0 : - 8 i E E  0 8 0 s  5    I  aU  & 0 - à  5     8844588954  E @ D lD M e 5 in 8 à la o o = S  - S @ o - o S e S 4 e S a a 9   8989499 C R8S49 3181989940l #88 88990  00  D 9 &  8 e A S bo  a - & 8  GU E -    e a  - a 8 C a Lm a n 8 e le C C @ 8  in  - @ - @  E    B  I  1  E    ld > 3  NN 6  do  e 6 o C o -  00  S  00  0 00 00 C  E B             CHOPTANK community healh  October 31, 2022  Mayor Kimberly M. Abner 1181 N. Main Street Federalsburg, MD 21632 Mayor Abner,  On October 17, 2022, Town Council held a workshop meeting to review a Quit Claim Deed from Royal Farms (Two Farms, Inc.), facilitating thet transfer of the right-of-way parcel for Hayman Drive to the Town of Federalsburg. This parcel is essential to providing safe and effective access to our new Federalsburg Health Center between the existing sections of Hayman Drive and Choptank Community Health System, Inc. will be responsible for completing the additional section of Hayman Drive which will traverse the parcel within the Quit Claim Deed. Choptank agrees to work in close consultation with the Town of Federalsburg to ensure the new street meets all Town guidelines and regulations, as well as all State and Federal regulations for new road construction, sidewalks, and critical infrastructure. Upon completion of road construction, the Town of Federalsburg will assume all responsibility for maintenance and repair of the roadway, underground utilities, and sidewalks not owned by Choptank Community Health. With this letter of commitment, Ihope Federalsburg can proceed with parcel acquisition and Choptank Community Health can begin consultation with all parties on the scope, planning and engineering fort the extension of Hayman Drive. Please reach out if you have any questions or  Hargreaves Drive.  need additional information.  Sincerely,  Jua lul Sara K. Rich, MPA  President & Chief Executive Officer Choptank Community Health System  ADMINISTRATIVE OFFICES  see hou healthy you can be!  301 Randolnh Strept PO Rox 660 e Denton MD21629 . 4104794306 e fax4104791714        7  osany Cto  aRus ge  D3 MIYIOD  D0 GBMKevO  GOGOW  G0GQW        AFTERI RECORDATION: RETURNTO: Ryan D. Showalter McAllister, DeTar, Showalter & Walker LLC 100N. West Street Easton, Maryland 21601 (410)820-0259  NO TITLE. EXAMINATION NO CONSIDERATION  Tax Account No.: 05-029198 CAROLINE COUNTY, MD  THIS QUIT CLAIM DEED OF DEDICATION made this day of  2022,  by and between TWO FARMS, INC., a Maryland corporation ("Grantor") and MAYOR AND COUNCIL OF FEDERALSBURG, a Maryland municipal corporation ("Grantee").  WHEREAS, Grantor is the owner in fee simple of the property hereby conveyed (the "Property") and more particularly described on Exhibit A attached hereto and made a part  hereof.  WHEREAS, Grantor wishes to grant, convey and relinquish to Grantee, all rights, title,  and interest in the Property, and thereby vest the entire fee simple interest in Grantee.  WITNESSETH-  THAT IN CONSIDERATION OF THE SUM OF ZERO DOLLARS ($0.00), the receipt and sufficiency of which are hereby acknowledged, Grantor does hereby dedicate, grant, release, confirm, convey, and quitclaim unto the said Grantee, its successors and assigns, forever, in fee simple, all of Grantor's right, title and interest whatsoever (except as reserved below), in and to and to the following described land, and the said Grantee, by its acceptance of this Quit Claim Deed of Dedication, as evidenced by the signature of the Mayor of the Mayor and Council of Federalsburg affixed hereto, hereby accepts such dedication described as follows, to wit:  BEING KNOWN AND DESIGNATED as "Proposed 60' R/W", "Proposed R/W (R/W Width Varies)", and "Lot 8, 2.7823 ac." as shown on a plat set entitled "Plat Showing R/W for Proposed Federalsburg Shopping Center", prepared by Godwin-Jordan & Associates, P.A. and recorded among the Plat Records of Caroline County, Maryland in  Plat Book FDM 6, pages 45A and 45B.    BEING ALL OF THAT same lot or parcel of land conveyed by AC 21B LLC unto Two Farms, Inc. by Quit-Claim Deed dated August 22, 2019 and recorded among the Land TOGETHER with the buildings and improvements thereon erected, made or being, and all and every, right, alleys, ways, waters, privileges, appurtenances and advantages to the same  Records for Caroline County, Maryland in Liber' TBL 1375, folio 436.  belonging, or in anywise appertaining.  SUBJECT to any covenants, conditions, restrictions and easements of record. RESERVING UNTO THE GRANTOR a right-of-way and easement, at all times, with or without vehicles, to enter upon, construct, install, operate, maintain, repair and replace: (i) any underground utility pipes, lines, mains, and manholes, together with any and all necessary appurtenances, fittings and fixtures, through, under and across the herein conveyed property, and (ii) road and sidewalk improvements across the herein conveyed property for access between public roads and certain parcels of land retained by Grantor and described by a deed recorded  among the Land Records of Caroline County in Liber 1375, folio 394.  TO HAVE AND TO HOLD the said tract of ground and premises above described, and mentioned, and hereby intended to be conveyed, together with the rights, privilege, appurtenance and advantage thereto belonging, or in anywise appertaining, unto and for the proper use, benefit and behalf of the MAYOR AND COUNCIL OF FEDERALSBURG, a Maryland municipal  corporation, its successors and assigns, in fee simple, forever.  SIGNATURES ON FOLLOWING PAGES    IN WITNESS WHEREOF, the hands and seals of Grantor and Grantee the day and year  first above written. WITNESS:  TWO FARMS, INC. aN Maryland corporation  By: Name: Title:  (SEAL)  STATE OF MARYLAND, COUNTY OF  TO WIT:  On this appeared  day of  2022, before me, the undersigned officer, personally  the  of  TWO FARMS, INC., a Maryland corporation and the Grantor herein, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged the foregoing deed to be the act and deed of Two Farms, Inc., and being authorized to do SO, in my presence signed and sealed the same, giving oath under penalties of  perjury that the consideration recited herein is correct.  In witness thereofIhereunto set my hand and official seal.  Notary Public  My commission expires:    This Deed of Dedication is accepted by the Mayor and Council of Federalsburg this  day of WITNESS:  2022.  Grantee MAYOR corporation By:  AND  COUNCIL  OF  FEDERALSBURG, a Maryland municipal  (SEAL)  Kimberly M. Abner, Mayor  STATE OF MARYLAND, COUNTY OF  TOWIT:  IHEREBY CERTIFY, that on this  day of  2022, before me, a  Notary Public in and for the State and County aforesaid, personally appeared Kimberly M. Abner, who acknowledged herself to be the Mayor oft the MAYOR AND COUNCIL OF FEDERALSBURG, and that she as such Mayor, and being authorized SO to do, executed the foregoing Quit Claim Deed of Dedication for the purposes therein contained by signing the name of the Town by  herself as Mayor oft the Grantee.  WITNESS my hand and Notarial Seal.  Notary Public  My Commission Expires:  Approved as to form and legal sufficiency.  Lyndsey Ryan, Esq. Town Attorney    ATTORNEY CERTIFICATION  Ihereby certify that I am an attorney admitted to practice before the Court of Appeals of Maryland and that the foregoing Quit Claim Deed was prepared by me or under my supervision.  Ryan D. Showalter        BOOK: 1375 PAGE: 436  NO TITLE EXAMINATION NO CONSIDERATION  Account No. 05-029198  TRANSFER TAXI BASED ON ASSESSED VALUE OF $23,600.00  QUIT-CLAIM DEED  THIS QUIT-CLAIM DEED (this "Deed") is made this 22nd day of August 2019 from AC 21B LLC, a Delaware, party of the first part, Grantors; and TWO FARMS INC., a Maryland  corporation, party of the second part, Grantee.  WITNESSETH, that in consideration of the sum of One Dollar and 00/100 ($1.00), and other and good and valuable considerations the receipt whereof is hereby acknowledged, the said party oft thei first does grant and convey tot the said party of the second part, their successors and assigns, all that property situate in Caroline County, Maryland, that is to say:  BEING KNOWN AND DESIGNATED as a Sixty (60) foot right of way Lot 8 (containing 2.78 acres of land +I-) as shown on a plat entitled "Title Plat Showing RWW for Proposed Federalsburg Shopping Center", which plat is recorded among the Land Records of Caroline ALSO BEING PART of the same lot of ground which by Deed dated December 1, 2017 and recorded among the Land Records of Caroline County, Maryland in Book 1290 page 285 was granted and conveyed by Oriole Pool IC Owner LLC unto AC 21B LLC, the grantor herein. SUBJECT, HOWEVER, to any covenants, conditions, restrictions and easements of record. TOGETHER WITH the buildings thereupon, and the rights, alleys, ways, waters, privileges, appurtenances and advantages thereto belonging, or in anywise appertaining.  County, Maryland in Plat Book 61 folio 45B.  TO HAVE AND TO HOLD the said described lot(s) of ground and premises to the said  party of the second part, its successors and assigns, forever, in fee simple.  AND the said party of the first part hereby covenants that it has not done or suffered to be done any act, matter or thing whatsoever, to encumber the property hereby conveyed; that it will warrant specially the property hereby granted; and that it will execute such further  assurances of the same as may be requisite.  WHEREAS the party of the first part herein wishes to forever quit-claim, grant and  convey its respective interests in the said described lot(s) of ground and premises.    BOOK: 1375 PAGE: 437  WITNESS the hand and seal of said Grantor.  LR- Deed (w Taxes) Recording Fee no RT  WITNESS;  AC 21B LLC, al Delaware limited liabiecompany LLC/Two 20.00 By: Abinger Capital LLC, Sole Member Inc  Ref: LR- Deed (with Taxes) Syrcharge (Sep - Deed State Transfer Tax. 118.00 LR-C County Transfer Tax - linked 118.00 LR- NR Tax - 1kd 0.00 SubTotal: Total: 09/19/2019 12:23 #12732808 CC0201 thBERbEALA  40.00  BY: Titlè -315 Authcrled  Talamo Officer  bl  296.00 296.00 CCG5-CB Nptary  STATE OF NEW YORK,  County, to wit:  wyL  LHEREBY CERTIFY that on this Mday of hyust 2019, before me,  Public  of the State aforesaid personally appeared R. Lupo Talamo, Authorized Offeergf-Abnger Capital LLC, Sole Member of AC2 21B LLC, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and she/he acknowledged that she/he being authorized SO to do,  executed the same for the purposes therein contained.  IN WITNESS WHEREOF, Ih hereunto set my hand and official seal.  6  Notary Public MACDONALD BUDD Notary Public, State of New. York.-. No. 02BU0483285 Qualified in New York County Commission Expires Feb. 28, 2012  My Commission Expires viveivery  The undersigned hereby certifies that the, within instrument was prepared by or under the supervision of an attorney admitted to practice before the Court of Appeals of Maryland or a  party to the instrument and named herein  Thisist or undert to certify the that thev withini instrumenty was admittedt top supervision oftheurdersigned, ana preparedby duly a  en Attorneya Iherebyo That all publict taxes, due on this have been paid. Recordation Tax Amt 240 Property ID: OS.cA9198 CMe CAROLINE COUNTYTAXOFFICE  After recording mail to: Residential Title & Escrow Co. 100 Painters Mill Road Suite 200 Owings Mills, MD 21117 File # 88577-A  certifyt this G_dayo ofSpkacis assessments ando charges propertytransferred byt this deed  Quit Claim for 60' Right of Way Federalsburg- - Two Farms/2019 deeds/hm/, Aug 2019    BOOK: 1375 PAGE: 438  2019  MARYLAND FORM WH-AR  Certification of Exemption from Withholding Upon Disposition of Maryland Real Estate Affidavit of Residence or Principal Residence  inc ownership of real property isp presented for recordation.  Based on the certification below, Transferor claims exemption The requirements of 510-912 do not apply when at transferor from the tax withholding requirements of 510-912 of the Tax- provides a certification of Marylandr residence or certification General Article, Annotated Code of Maryland. Section 10-912 that the transferred property ist thet transferor's principal  provides that certain tax payments must be withheld and paid residence. when a deed or other instrument that effects a change  1. Transferor Information  Name of Transferor AC 21B LLC, a Delaware limited liability company numbers). 60' Right of Way, Federalsburg, MD 21632  2. Description of Property (Street address. If no addressi is available, include county, district, subdistrict and lot  3. Reasons for Exemption Resident Status  As of the date this form is signed, 1, Transferor, am a resident oft the! State of Maryland.  X Transferor is a resident entity as defined in Code of Maryland Regulations  COMARO3D4IZOR80.m an agent of Transferor, and have authority to sign this document on  Transferor'sbehalf.  Principal Residence  Althoughlam no longer a resident of the State of Maryland, the Property is my principal  residence as defined in IRC121 (principal residence for 2 (two) of the last 5 (five) years) and is currently recorded as Under penalty of perjury,! Icertify that Ihave examined this declaration and that, to thel best of myk knowledge, it is true,  such with the State Department of Assessments and Taxation.  correct, and complete.  3a. Individual Transferors Witness 3b.  Name Signature  **Date  AC21BLLC, al Delaware limited liability company  A2B uL NamgofEntity Bups  Witness/Attest  Lze  TalMo $22114  Name Managing Title  ** Datè  Partner  ** Form must bec dated tob bev valid.  Note: Formi iso onlyy validi ifitv was executed ont the date the Property wast transferred: andi is properly recorded witht the Clerk oft the Court. Tot the Clerk oft the Court: Only anu un-altered Form WH-AR should be considered: a valid certification for purposes ofSection 10-912.  19-49    State ofN Maryland! Landl Instrument Intake Sheet Baltimore City Information provided is fort the use ofthe Clerk's Office, State Departmentof Assessments and Taxation, and County Finançe Office Only (Type or Printi inE Black Ink Only- AllC Copies Must Bel Legible) Deed" Deed ofTrust Lease Improved Sale" Unimproved Arms-Length (11 Recordation Qvit Claim Deed- -$1.000 corisidération Conslderatlon! Amount. Purchase Price/Consideration 1.00 Any New! Mortgage Other Assessed Valye Other FullCash Value Recording Charge Surcharge State Recordation Tax State Transfer Tax Counly Transfer Tax(if Applicable) Othèr- Other  BOOK: 1375 PAGE: 439 County: Caroline Mortgage Sale Arms-Length 2)  Type(s) of Instruments Conveyance Type Check Box Tax Exemptions (ifApplicable). State TrânsferA Çite orE Explain "County Transfers Authority 4: Consideration Balance ofE Existing Mortgage and Tax Calculations 5.3 Fees  Mult. Accounts Npta anA Arms- Arms-Length (3)  Length Sale[ [9]  Space Reserved for Circuit Çourt Çlerk Reçording' Violation  FinahnceOficeUse OnlyA Transfer and Recordation' Tax Conslderation Transfer Tax Consideration x( 5% Less Exemplion Amount Total Transfer Tax Recordation Tax Consideration X(")% TOTALDUE 40.00  Amount dfFees WX3A DOCATENEE 4 Doc:2: 1 E Agent  20.00 40.00 240.00 118.00 118.00 1290/285  TaxE Bil: C.B. Credit:, Ag.1 Tax/Other:  Districti. Property TaxDN No. (1)3 GrahtoflberlFolo Mapk AS Parcel. NoE VarLoG  Description 05 ofP Property SubdyislonName SDAT requires LopatlonlAddroas; EAAESARICANPEA (2)5 submission of 60/RightdrWay.1 Federalsburg, alla applicable information. A Maximum of40 Other Property Identifiers (ifa applicable) characters willl bei indexed ina accordance witht the priority cited in Real Residential Section Transferred AC2 21BLLC From Transferred TwoF Farms, Inc. To Other Names to bel Indexed  029198 Federalsburg Shopping Center  10  Lpt(3a)s Bloçk: Sect/AR: Plat Ref, Sq,FtAcreage  (3b) 3C)  6/45B 60'F Right ofWay Water Meter Account No.  Residential or. XX Non Fee Simple) XD or Ground Rent Amount:  Property Article Partal Conyeyance? XX: YsNo.: Description/Amt. OfSg. Ft./Acreage 3-104(9)(3)0. IfPartial Conveyance, List Improvements Conveyed:  OOXECAMOIDHemGD   1.  Dod:2.G Grantors/Nariels)   DoGM1EOwner6OFR RecordsKDlHferentf from/Grantorts). Dacl2OwneréolRetorirDlferent fromGrantors)  DocAGranle NemesSa : :A Doc:2: Grantes0/amel6)-  New' OwmersiGante)Walin, Address 3611F Roland Avenue, Ballimore, MD2 21211 Doc.1- AdditionalNamés' to-b bel indexed/Optional) Ihstrument* Submitted" Bys OF Contact Person Address 100 Painters Mill Road, Suite 200, Owings Mills, MD21117 Phone: 410-653-3 3400  Assessme nt n  912X57AZER.X35917 DocH2-A Additionall EPHAEOPEIgA #TA   xJ Return to Contaçt Person  Contact/Mail Name: HeldiN Murphy Information Firm: Residential Title BE Escrow Co. Space Reserved for 4 Counly Validation  Holdf forF Pickup Return Address Provided ACCQMPANYEACHE:  IMPORTANTS PMPHEVRGNAPEPANOA PHQTOC  TRANSFER  No Willt the properly. being conveyed bet theg grantee's principal residence? Yes No Was propertys surveyed? lfyes, attach copy ofs survey. (ifr recorded, no copy  Informatio Yes X No Does transferi include personal property? Ifyes. identify:  rèquired). AssessmehtUsE OhyDON Not-WritéBelow This- Line B Termigal Verificationy: Agricultural Verification: TrahslerNumbert. Date. Received: Mear -20 - Land : 5 Buildings, Total. Eis REMARKS.. S Distributio Clerk's Office SDAT Office ofFinance Prepare  a Wholess Pa DéedRefefen Geoi, Mapi Zonlhg Jse; ar ownc 5x.  0 ran Process Verif Property Suba Lo Section.,    TO: Mayor & Council Members FR: Larry DiRe, Town Manager DT: November 7, 2022 Industrial Use)  RE: Review of Town Code of Ordinance Sections 239-8 and 239-12 (Private Well for The proposed AquaCon industrial salmon grow and processing facility project raised a great deal of interest in the town's water and sewer utilities' processes and regulations. While all this information is posted on the town's website miownolsdealumo, finding the information may not be easy for those unfamiliar with the site or with municipal services in general. Indeed, residents of other jurisdictions would not need to visit the town's website except for a particular reason or interest. And that proposed development Staff brought forward the town's water and sewer ordinance sections as an informational report ati the October 3, 2022 meeting. At that time staff stated the purpose was to provide a general overview of existing language without making specific recommendations for text amendment. Staff also stated at that time that such text amendment process was a worthwhile activity. To that end, staff is providing the Town Code sections regulating the use of private wells for industrial use. Specifically, staff is recommending review and Attachment A cites sections specific to the role of the mayor and town council in issuing a groundwater use permit for private wells as water source for industrial process. These are from the Code Chapter 239 (sections 239-12 and 239-8) defining the requirement for at town permit, the process involved and the permit fee structure. For consistency, staff recommends removing the specific fee cited in 239 - 8 and replacing it with language along the lines of "a fee set by the Mayor and Council" which will be reviewed annually as part ofthe budget process and can be revised through that process rather than through ordinance text amendment. The current fee of $25.00 seems arbitrary and recent experienced has shown not close to recovering staff time costs involved in the process. Likewise, the referencing of 239 = 8 in 239 - 12 cites a similarly arbitrary multiplier and ignores the cost of professional engineering and other services in determining the accuracy of the data provided in the permit application. Staff recommends language allowing for full cost recovery of any professional services incurred by the town or any While the current language of section 239 -12.A is descriptive, it remains somewhat procedurally ambiguous. As written the section speaks to "hearing thereon at one or more regular meeting of the Mayor and Council." Specifics such as a pre-application hearing, or hearing at the completion of the application process are absent and could make for a process which treats different applicants differently simply due to ambiguity of language. An applicant should have an understand of what would require more than one hearing. Likewise, the interested and impacted public should have clarity on the documentation available for review and comment, the duration of a comment period, the process(es) to file comment as part of the public record, and information on what  certainly classified as a particular reason or interest.  proposed text amendment to the following two sections.  town contractor or agent in the application review process.    constitutes standing to appeal any decision. In fact, the ordinance would benefit from language defining an appeal process and standing to request appeal of the mayor and council's decision. As the recent experience demonstrated, by state and local law groundwater withdrawals are regulated by multiple jurisdictions. The town's ordinance is silent on the timing of application, review, and decision within the context of state permitting processes. While that silence allows discretion to allow an applicant to move forward ahead of, contemporaneousiy with, or only after the state's process the silence again can create a situation over time where different applicants are treated differently and can create a procedural due process conflict. Clarification of timing relative to the Provided for information only at this time. Pending further discussion, provide direction to  state permitting is advised.  staff.    Town of Federalsburg, MD Tuesday, November 1, 2022  Chapter 239. Water Systems, Private  S 4 239-8. Application; fee; drawings and specifications.  Any person contemplating the construction of a private well for domestic use, outside irrigation purposes, refrigeration cooling purposes or the filling ofs swimming pools shall, previous to the beginning of any construction, make a formal application. The permit fee shall be $25 for each well. Applications for such permit, except wells referred to in Subsection C of this section, shall be in a form provided by the Codes Inspector. Whenever in the opinion of the Codes Inspector complete plans and specifications are needed to show definitely the desired installation for which the application is made, the applicant shall furnish such drawings and specifications. These drawings and specifications shall be drawn to scale and submitted in duplicate. If approved, one set shall be returned to the applicant marked approved, and one set shall be retained and filed as a permanent record in the office of the Codes  Inspector.  $239-12. Use of private wells for industrial purposes.  A. Notwithstanding: any of the provisions of this chapter, the use or replacement of existing private wells for industrial purposes may be permitted only upon specific prior approval of the Mayor and Council after formal application thereto and hearing thereon at one or more regular meetings of the Mayor and Council. Such Mayor and Council approval shall be evidenced by a resolution adopted by the Mayor and Council and spread upon its minutes. Such resolution shall set forth in precise terms the exact size, location, depth, use or uses and all other pertinent details with respect to the B. Itshall be the intent of this section to permit the use of an existing well or to replace an existing well with one of equal depth, size and capacity but not to permit increased well capacity, except for uses permitted by this section. In the Mayor and Council's sole discretion, such resolution also may specify initial permit fees and annual permit renewal fees greater than those provided in S 239-8, but such fees in no event shall exceed five times the amounts specified in such section. C. No well shall be permitted nor used, if in the judgment of the Mayor and Council based upon the advice ofi its engineering firm, the use of the well shall adversely affect the public water supply and  particular private well approved.  operation oft the water system of the Mayor and Council of Federalsburg.