Work Session

Mayor and Council 30th Special Session, Work Session, and Executive Session December 12, 2017 Agenda "A diverse, business-friendly, and sustainable community with clean, safe and strong neighborhoods." "Providing the most efficient and highest-quality services as the municipal location of choice for all customers." Help others without any reason and give without the expectation of receiving anything in return. Roy T. Bennett 3:30 PM Executive Session 4:00 PM SPECIAL SESSION 1. Appointment of Councilmember Shelley McIntire 4:00 PM WORK SESSION 4:10 PM 1. Preliminary Agenda Review 4:20 PM 2. Land Management Code Text Amendments - Revision to Cluster Subdivision Requirement - Stephen Bockmiller, Zoning Administrator 4:30 PM 3. Program Open Space (POS) Annual Program - Rodney Tissue, City Engineer, and Mark Haddock, Parks and Recreation Manager 4:40 PM 4. Indoor Sports Complex: Financial and Market Feasibility Study - Rodney Tissue, City Engineer 5:10 PM 5. Update on Garden Plaza Hotel Inspections - Kathleen Maher, Director of Planning and Code Administration, Police Chief Victor Brito, and Fire Chief Steven Lohr CITY ADMINISTRATOR'S COMMENTS MAYOR AND COUNCIL COMMENTS ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Executive Session Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description December_12__2017_Executive_Session_Agenda.pdf Agenda  EXECUTIVE SESSION MAYOR & CITY COUNCIL DECEMBER 12, 2017 AGENDA 3:30 p.m. EXECUTIVE SESSION – Council Chamber, 2nd floor, City Hall 1. To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; #4 *Business Proposal 2. To discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; #1 *Hagerstown Loan Review Authority and Board of Zoning Appeals *AUTHORITY: Annotated Code of Maryland, General Provisions Article: Section 3-305(b) (Subsection is noted in parentheses)  CITY OF HAGERSTOWN, MARYLAND PUBLIC BODY: Mayor & City Council DATE: December 12, 2017 . PLACE: Council Chamber, 2nd floor, City Hall TIME: 3:30 p.m. . AUTHORITY: ANNOTATED CODE OF MARYLAND, GENERAL PROVISIONS ARTICLE: Section 3-305(b): 1. To discuss: [X] (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; or [ ] (ii) any other personnel matter that affects 1 or more specific individuals; [ ] 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business; [ ] 3. To consider the acquisition of real property for a public purpose and matters directly related thereto; [X] 4. To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; [ ] 5. To consider the investment of public funds; [ ] 6. To consider the marketing of public securities; [ ] 7. To consult with counsel to obtain legal advice; [ ] 8. To consult with staff, consultants, or other individuals about pending or potential litigation; [ ] 9. To conduct collective bargaining negotiations or consider matters that relate to the negotiations; [ ] 10. To discuss public security, if the public body determines that public discussions would constitute a risk to the public or public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plans; [ ] 11. To prepare, administer or grade a scholastic, licensing, or qualifying examination; [ ] 12. To conduct or discuss an investigative proceeding on actual or possible criminal conduct; or [ ] 13. To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or [ ] 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. [ ] 15. Administrative Function  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Appointment of Councilmember Shelley McIntire Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion.Councilmember_McIntire_appointment.pdf Motion  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: December 12, 2017 TOPIC: Appointment of Councilmember Shelley McIntire Charter Amendment Code Amendment Ordinance Resolution Other X MOTION: I hereby move for Mayor and Council to appoint Shelley McIntire as Councilmember, effective December 19, 2017. Councilmember McIntire is being appointed to fill the vacancy and complete the remaining term created by the resignation of Councilmember Donald F. Munson. Councilmember Munson’s resignation was effective November 10, 2017 and the Mayor and City Council do hereby accept said resignation. DATE OF PASSAGE: 12/12/2017  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Preliminary Agenda Review Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Dec_19_2017_Prelim_Agenda.pdf Agenda  31ST REGULAR SESSION MAYOR & CITY COUNCIL DECEMBER 19, 2017 AGENDA Preliminary Agenda 7:00 p.m. REGULAR SESSION – Council Chamber, 2nd floor, City Hall I. CALL TO ORDER - Mayor Robert E. Bruchey, II II. INVOCATION - Mayor Robert E. Bruchey, II III. PLEDGE TO THE FLAG IV. ANNOUNCEMENTS A. Rules of Procedure – Adopted December 20, 2016 B. Use of cell phones during meetings is restricted. C. All correspondence for distribution to Elected Officials should be provided to the City Clerk and should include a copy for the City Clerk for inclusion in the official record. D. Meeting Schedule 1. Tuesday, January 2, 2018 – No Meeting Scheduled 2. Tuesday, January 9, 2018 - Work Session at 4:00 p.m. 3. Tuesday, January 16, 2018 – Work Session at 4:00 p.m. 4. Tuesday, January 23, 2018 – Work Session at 4:00 p.m. 5. Tuesday, January 30, 2018 - Regular Session at 7:00 p.m. V. OATH OF OFFICE TO COUNCILMEMBER SHELLEY MCINTIRE VI. CITIZEN COMMENTS VII. CITY ADMINISTRATOR COMMENTS VIII. MAYOR & COUNCIL COMMENTS IX. MINUTES (November 7, 2017, November 14, 2017, November 21, 2017, and November 28, 2017) X. CONSENT AGENDA A. Parks and Engineering: 1. Pool Management Contract for 2018 – Community Pool Service (Rockville, MD) $ 92,800.00 2. Program Open Space Application B. Utilities: 1. Arista Contract for Utility Bill Mailing– Postage Change Order – Arista Information Systems (Duluth, GA) $ 135,432.00 XI. UNFINISHED BUSINESS
A. Approval of an Ordinance: Land Management Code Amendments – Revision to Cluster Subdivision Requirements of Article 4, Section D (Residential Districts) City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, Maryland 21740 301.790.3200 ext. 113 Hearing Impaired Call 301.797.6617 31st Regular Session - Agenda December 19, 2017 Mayor & City Council Page 2 of 2 XII. NEW BUSINESS
A. Approval of a Resolution: Hagerstown Revolving Loan Fund Guidelines B. Approval of Residential Lease for 36-40 N. Potomac Street – Unit 2 XIII. ADJOURN
Items that have been discussed and reviewed previously or are of a routine nature and, therefore, additional information may not be attached to this agenda. City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, Maryland 21740 301.790.3200 ext. 113 Hearing Impaired Call 301.797.6617  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Land Management Code Text Amendments - Revision to Cluster Subdivision Requirement - Stephen Bockmiller, Zoning Administrator Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Land_Management_Code_Amendment_- LMC Text Amendments - _Cluster_Subdivision_Standards_Revisions.pdf Cluster Regulations  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Program Open Space (POS) Annual Program - Rodney Tissue, City Engineer, and Mark Haddock, Parks and Recreation Manager Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Program_Open_Space_(POS)_Annual_Program.pdf Memo - POS Annual Program Concept_Plan_-_Option_B.pdf Concept Plan - Option B  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Indoor Sports Complex: Financial and Market Feasibility Study - Rodney Tissue, City Engineer Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Indoor Sports Complex: indoor_sports_complex.2017.pdf Financial and Market Feasibility Study  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Update on Garden Plaza Hotel Inspections - Kathleen Maher, Director of Planning and Code Administration, Police Chief Victor Brito, and Fire Chief Steven Lohr Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Garden_Plaza_Hotel_Update_12_7_17.pdf Update on Garden Plaza Hotel Inspections Garden_Plaza_Hotel_Notices_of_Violation.pdf Notices of Violation_Garden Plaza Hotel  CITY OF HAGERSTOWN, MARYLAND Planning and Code Administration Department MEMORANDUM TO: Valerie Means, City Administrator FROM: Kathleen A. Maher, Director of Planning & Code Administration Victor Brito, Police Chief Steve Lohr, Fire Chief DATE: December 7, 2017 SUBJECT: Update on Garden Plaza Hotel Inspections Staff from the Police Department, Fire Department, and Planning & Code Administration Department will be present at the December 12th Mayor and City Council meeting to provide an update on the inspections results of the Garden Plaza Hotel. Background on the Hotel The Garden Plaza Hotel is located at 901 Dual Highway. It contains 200 rooms (147 in the two- story hotel and 53 in the rear tower) and is adjacent to the Hager Hall convention facility, the Barefoot Bernie’s restaurant, and the Cancun Cantina West night club. In the past, this hotel has operated under the chain brands of the Ramada Inn (pre-1975 to circa 2003), the Clarion Hotel, and Rodeway Inn. A google search does not reveal chain branding of the Garden Plaza Hotel. At present, per recent inspections, the rear tower is used exclusively for extended stay and the two-story hotel is a mix of transient and extended stay. According to the County Treasurer, the hotel has not been in good standing on payment of the County hotel tax since March 1, 2016. The arrears have been liened against the property tax bill. Per SDAT, ownership has changed as follows:  Turner Development Co Inc. sold the complex in 1999 to Hagerstown Hotel Associates LLC.  Millennium Hospitality Holdings LLC acquired the hotel in 2007 and the meeting facility in 2008.  Hager Hall Associates LLC acquired the restaurant and bar in 2008. City Inspections of the Property In August, the Planning & Code Administration Department received a complaint from a convention attendee of concerning conditions at the Garden Plaza Hotel. The presence of drug One East Franklin Street | Room 300 | Hagerstown, Maryland 21740-4987 301.739.8577, Ext. 138 or 103 codecompliance@hagerstownmd.org | planning@hagerstownmd.org Update on Garden Plaza Hotel Inspections December 7, 2017 Page 2 paraphernalia in the building and an overdosing person in the parking lot were reported to the Hagerstown Police Department (HPD) by this same convention attendee. On September 11th, HPD handled a homicide at the hotel. On September 21st the Fire Department conducted a safety inspection of the hotel with the assistance of HPD, Washington County Narcotics Taskforce, and the Planning & Code Administration. The following is a report on the results of these inspections and the level of compliance achieved to date. Police Department On September 21st members of the Hagerstown Police Department & Washington County Narcotics Task Force assisted the Hagerstown Fire Department with room inspections at the Garden Plaza Hotel. The Hagerstown Police Department was asked to assist with this investigation and wanted to assist due to recent events at the hotel. On September 11th, 2017 the Police Department handled a homicide at the hotel. This homicide was found to be related to prostitution and drug activity that needed to be addressed. During the inspection by the Hagerstown Fire Department, Officers stood by while each room was checked to ensure safety and to look for any criminal violations. No violations were located, but the Hagerstown Police Department was thankful for the help the Hagerstown Fire Department has given to ensure this hotel is safe for any and all guests. Fire Department The Hagerstown Fire Department’s (HFD) inspections have been limited to the Garden Plaza Hotel. Currently, all tenant areas of the former Ramada Inn carry the same street address. HFD recommends that each tenant area be assigned a separate and distinct address to facilitate public safety. Specifically, we recommend a distinct address for Barefoot Bernies, Cancun Cantina West, Hager Hall, the two-story portion of the motel and finally, the tower portion of the hotel. The HFD is allowed to legally access buildings based upon the need to conduct fire inspections. Further, the HFD has the right to inspect anytime, based upon NFPA 1, The Fire Code, and NFPA 101, The Life Safety Code. Finally, the HFD may engage in response to any citizen complaint for suspected violations. Even though the law permits the use of municipal citations (fines) to achieve compliance with code violations, the HFD and the Fire Marshal’s staff have a proud history of always attempting to gain compliance through education and customer service prior to the utilization of fines, even though this is not always timely or completely effective. Clearly, there are instances when citations are required to guarantee the safety of the public. This is the case at the Garden Plaza Hotel. During CY17, FD records indicate a total of 10 (ten) emergency responses to the motel & tower, Update on Garden Plaza Hotel Inspections December 7, 2017 Page 3 6 (six) in 2016, and 7 (seven) in 2015. These include high acuity EMS runs and or calls where staffing assistance was requested by CRS. We do not have access to CRS records. I would assume that they have the highest call demand of all agencies. In the same three-year period, the FM’s office logged 21 inspections, 12 investigations and several other consultations and referrals. The most serious of these incidents was a fire in the laundry room on July 21rst. As a result of this fire, numerous violations regarding fire protection features within the facility were identified. Some of those violations remained open and uncorrected on September 11th the time of the police incident. Since then, the primary fire protection issues in the tower were corrected and certified. During the multi-agency inspection, the Planning & Code Administration Department responded to the hotel to assist with power problems and bug infestations in certain portions of the facility. Rooms that did not pass inspection were posted as not permitted to be occupied. As a result, the facility Assembly permit has not been re-issued. The due date for the current violations is December 6th. Additional actions will occur if the requirements are not met. The HFD will continue to address open violations. Planning & Code Administration Department The Planning and Code Administration Department was requested to inspect 7 rooms identified by the Fire Department during the September 21st inspection. The rooms inspected were 105 and 271 in the hotel and rooms 1002, 3003, 5008, 5009, and 1012 in the tower. The violations of the Property Maintenance Code can be seen on the notice dated September 22 nd. Room 1012 of the tower portion of the property was an office for the hotel at one point in time and it was illegally converted into an apartment. This space is currently vacant and will remain vacant until proper permits are obtained to make the space City Code compliant. A re-inspection of the property was conducted on November 15th and 8 items remained from the September 22nd notice and 2 additional safety items were identified on this inspection as a violation of City Code. Of the outstanding violations, we received the following:  documentation from the exterminator and their extermination schedule;  documentation from the electrician for the repairs to the 3 phase service that was inspected during the November 15th inspection. During the inspection of the electrical panels in the basement it was discovered that some knockouts were missing in the panel boxes.  notification that the window replacements have been ordered and were to be delivered on 11/27. Outstanding items include:  a copy of a valid certification on the elevator; Update on Garden Plaza Hotel Inspections December 7, 2017 Page 4  Room 105 violations - hotel management are in the process of acquiring the skilled tradesman;  Room 271 violations – tenants caused the issues and they were to be evicted. A request for a re-inspection of the outstanding items on the notice dated November 15 th, with a deadline of November 30th was made on December 4th. Our office has since received the following:  notification that the windows have been repaired;  a copy of the current elevator certification;  notification that Room 271 has been vacated by the tenants, the plumbing has been repaired in the unit, and the wall violation is in progress. A re-inspection of the property is scheduled for Monday, December 11th. Attachments C: Jason Morton, City Attorney Paul Fulk, Neighborhood Services Manager Blaine Mowen, Chief Code Official Doug Dehaven, Fire Marshal Michelle Hepburn, Finance Jill Frick Thompson, DCED Scott Nicewarner, IT & Support Services Todd Hershey, County Treasurer