Work Session

Mayor and Council Work Session November 13, 2018 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." “Be a rainbow in someone else’s cloud.” - Maya Angelou 4:00 PM WORK SESSION 4:00 PM 1. Restoration of Big 6 Bell – Ray Lushbaugh, Secretary of 1st Hagerstown Hose Co. 4:15 PM 2. Maryland Symphony Orchestra Presentation for FY2020 General Fund Agency Contributions– Stephen Beaudoin, Executive Director 4:25 PM 3. Proposed Revisions to the Hagerstown Code of Ethics – Ethics Commission 4:45 PM 4. Parking Rates – Continued Discussion on Possible Changes for Students and Businesses November 2018 – Eric Deike, Director of Public Works 5:10 PM 5. Water & Wastewater Five Year Rate Plan – Mike Spiker, Utilities Director 5:30 PM 6. Town of Funkstown Utilities Water & Wastewater Joint Service Area Request – Mike Spiker, Utilities Director 5:40 PM 7. Requested Amendment to Water & Wastewater Policy for Essential Government Services – Mike Spiker, Utilities Director and Kathleen Maher, Director of Planning & Code Administration 5:50 PM 8. Follow-up on Hotel Licensing Discussion - Kathleen Maher, Director of Planning and Code Administration and Steve Lohr, Fire Chief 6:05 PM 9. Maryland State Arts Council – Grants for Organizations – Kitty Clark, Events Coordinator SPECIAL SESSION 6:20 PM 1. Approval of a Grant Application to the Maryland State Arts Council CITY ADMINISTRATOR'S COMMENTS MAYOR AND COUNCIL COMMENTS ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Restoration of Big 6 Bell – Ray Lushbaugh, Secretary of 1st Hagerstown Hose Co. Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Big_6.pdf Big 6 Bell  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Maryland Symphony Orchestra Presentation for FY2020 General Fund Agency Contributions– Stephen Beaudoin, Executive Director Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Maryland Symphony Memo_MD_Symphony_Orchestra.pdf Orchestra Presentation Memo  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proposed Revisions to the Hagerstown Code of Ethics – Ethics Commission Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Memo_- Memo - Proposed _Ethics_Commission_Recommended_Amendments_to_Ordinance_- Amendments to Code of _11_13_18.pdf Ethics Ethics_Code_Proposed_Amendments_-_November__2018.pdf Proposed Ethics Ordinance Amendments  Memorandum TO: Mayor and City Council FROM: Ethics Commission of City of Hagerstown RE: Mandatory and other revisions to the Hagerstown Code of Ethics: Update to 7/11/18 Memo DATE: November 1, 2018 Background This is an update to the July 11, 2018 Memo from the Ethics Commission. The City’s Ethics Commission convened several times in consultation with the City Attorney, to discuss revisions to the Hagerstown Code of Ethics which are mandated by a State law which was passed last year. The State law required that these mandatory revisions be adopted by the City on or before October 1, 2018. Accordingly, M&CC passed an ordinance amending the Code of Ethics on September 11, 2018, in a form and substance which was acceptable to the State Ethics Commission. Because there were no members of the EC present for the July 17 work session, it did not get to discuss two other potential revisions which are not mandated by the State’s Ethics Commission: (1) a provision regarding gifts to officials and employees to include items won in raffles and similar awards; and (2) providing (in some instances) for independent legal counsel to the EC for proceedings which come before it. Both proposed revisions appear in red on the attached Code. See §33-3(F)(1) and new §33-5. The Ethics Commission recognizes that unlike the State’s mandatory revisions, the gift and legal counsel provisions are subject to discussion, revision or rejection by the M&CC. The Ethics Commission believes that the proposed gift revision will benefit the Commission itself, officials and employees, and the City as a whole: it provides guidance to Commission members and City officials and employees by defining what constitutes ethical conduct. The revision regarding legal counsel tracks the language governing the City’s Human Relations Commission in Section 82-2 of the City Code, and provides for independent counsel in those rare instances when the City Attorney cannot advise both the Commission and the official or employee before it. Commission Chair Steele and other members of the Ethics Commission will be glad to address further questions regarding these matters during the Work Session scheduled for November 13, 2018. 1 §33-3 Prohibited acts. [Amended 8-23-2011 by Ord. No. O-l 1 -16] A. A. Participation prohibitions. (1) Except as permitted by Commission regulation or opinion, an official or employee may not participate in: (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 or the spouse, children, (dependent or otherwise), parents, siblings, in-laws or any person who shares a household with the official or employee (a "qualified relative") 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 in which any of the following is a party: [1] A business entity in which the official or employee has a direct financial interest of which the official or employee may reasonably 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] If 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 of the official or employee, is a party to a contract with a qualified relative; [5] An entity, doing business with the City, in which a direct financial interest is owned by another entity in which the official or employee has a direct financial interest, if the official or employee may be reasonably expected to know of both 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 of the official or employee with respect to a thing of economic value; and [b] As a creditor or obligee, is in a position to directly and substantially affect the interest of the official or employee or a qualified relative of the official or employee. [7] Former regulated lobbysists. A former regulated lobbyist who is or becomes subject to regulation under this title as an official or employee may not participate in a case, contract, or other specific matter as an official or employee for one calendar year after the termination of the registration of the former regulated lobbyist, if the former regulated lobbyist previously assisted or represented another party for compensation in this matter. This section does not apply to nominally compensated (or uncompensated) board/commission members. (2) A person who is disqualified from participating under Subsection A(i) of this section shall disclose the nature and circumstances of the conflict and may participate or act if: (a) The disqualification leaves a body with less than a quorum capable of acting; 1  (b) The disqualified official or employee is required by law to act; or (c) The disqualified official or employee is the only person authorized to act. (3) The prohibitions of Subsection A(i) of this section do not apply if participation is allowed by regulation or opinion of the Commission. B. Employment and financial interest restrictions. (1) Except as permitted by regulation of the Commission when the interest is disclosed or when the employment does not create a conflict of interest 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 of the official or employee or the City agency, board, or 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 of judgment of the official or employee. (2) The prohibitions of Subsection B(i) of this section do 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 of the authority be represented in appointments to the authority; (b) Subject to other provisions of law, a member of 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, if the private employment or financial interest does not create a conflict of interest or the appearance of a conflict of interest, as permitted and in accordance with regulations adopted by the Commission; or (d) Employment or financial interests allowed by regulation of the Commission if the employment does not create a conflict of interest or the appearance of a conflict of interest or the financial interest is disclosed. C. Post-employment limitations and restrictions. (i) A former official or employee may not assist or represent any party other than the City for compensation in a case, contract, or other specific matter involving the City if that matter is one in which the former official or employee significantly participated as an official or employee. (2) For one year after the elected official leaves office, a former member of the Mayor and Council may not assist or represent another party for compensation in a matter that is the subject of legislative action. [Amended 4-28-2015 by Ord. No. 0-15-07] D. 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 City. E. Use of prestige of office. (1) An official or employee may not intentionally use the prestige of office or public position for the private gain of 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 official without 2  additional compensation. F. Solicitation and acceptance of gifts. (1) "Gift" shall mean the transfer of anything of economic value, regardless of the form, without adequate and lawful consideration. “Gift” includes door prizes, raffle prizes, drawings prizes, and other similar awards. "Gift" does not include a political campaign contribution regulated under the Election Law Articles of the Annotated Code of Maryland or any other provision of state or local law regulating the conduct of elections or the receipt of political campaign contributions. [Added 8-27-2013 by Ord. No. 0-13-22 ™] [1] Editor's Note: This ordinance also provided for the renumbering of former Subsection F(i) through (4) as Subsection F{2) through (5). (2) An official or employee may not solicit any gift. (3) An official or employee may not directly solicit or facilitate the solicitation of a gift on behalf of another person from a regulated lobbyist. [Amended 4-28-2015 by Ord. No. 0-15-07] (4) An official or employee may not knowingly accept a gift, directly or indirectly, from a person or entity that the official or employee knows or has reason to know: [Amended 4-28-2015 by Ord. No. 0-15-07] (a) Is doing business with or seeking to do business with the City office, agency, board, or commission with which the official or employee is affiliated; (b) Has financial interests that may be substantially and materially affected, in a manner distinguishable from the public generally, by the performance or nonperformance of the official duties of the official or employee; (c) Is engaged in an activity regulated or controlled by the official's or employee's governmental unit; or (d) Is a lobbyist with respect to matters within the jurisdiction of the official or employee. (5) Exceptions; acceptable items. (a) This subsection does not apply to a gift: [1] That would tend to impair the impartiality and the independence of judgment of the official or employee receiving the gift; [2] Of significant value that would give the appearance of impairing the impartiality and independence of judgment of the official or employee; or [3] Of significant value that the recipient official or employee believes or has reason to believe is designed to impair the impartiality and independence of judgment of the official or employee. (b) Notwithstanding Subsection F(4) of this subsection, an official or employee may accept the following: [1] Meals and beverages consumed in the presence of the donor or sponsoring entity; [2] Ceremonial gifts or awards that have insignificant monetary value; [3] Unsolicited gifts of nominal value that do not exceed $20 in cost or trivial items of informational value; [4] Reasonable expenses for food, travel, lodging, and scheduled entertainment of the official or the employee at a meeting which is given in return for the participation of the official or employee in a panel or speaking engagement at the meeting; 3  [5] Gifts of tickets or free admission extended to an elected official to attend a charitable, cultural, or political event, if the purpose of this gift or admission is a courtesy or ceremony extended to the elected official's office; [6] A specific gift or class of gifts that the Commission exempts from the operation of this subsection upon a finding, in writing, that acceptance of the gift or class of gifts would not be detrimental to the impartial conduct of the business of the City and that the gift is purely personal and private in nature; [7] Gifts from a person related to the official or employee by blood or marriage, or any other individual who is a member of the household of the official or employee; or [8] Honoraria for speaking to or participating in a meeting, provided that the offering of the honorarium is in no way related to the official's or employee's official position. G. Disclosure of confidential information. Other than in the discharge of official duties, an 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 and that is not available to the public for the economic benefit of the official or employee or that of another person. H. Participation in procurement. (1) An individual or a person that employs an individual who assists a City agency or unit in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a 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. § 33-3.1 Financial disclosure — elected officials. [Added 8-23-2011 by Ord. No. 0-11 -16] A. This section applies to all elected officials and all candidates to be elected officials. B. Except as provided in Subsection D of this section, an elected official or candidate to be an elected official shall file the financial disclosure statement required under this subsection: (1) On a form provided by the Ethics Commission for the City of Hagerstown (the "Commission"); (2) Under oath or affirmation; and (3) With the Commission. C. Deadlines for filing statements. (1) An incumbent official shall file a financial disclosure statement annually no later than April 30 of each year for the preceding calendar year. (2) An official 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. (3) 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. (4) The statement shall cover: (a) The calendar year immediately preceding the year in which the individual left office, unless a statement covering 4  that year has already been filed by the individual; and (b) The portion of the current calendar year during which the individual held the office. D. Candidates to be elected officials. (1) Except for an official who has filed a financial disclosure statement under another provision of this section for the reporting period, a candidate to be an elected official shall file a financial disclosure statement each year beginning with the year in which the certificate of candidacy is filed through the year of the election. (2) A candidate to be an elected official shall file a statement required under this section: (a) In the year the certificate of candidacy is filed, no later than the filing of the certificate of candidacy; (b) In the year of 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 April 30. (3) A candidate to be an elected official: (a) May file the statement required under Subsection D(2)(a) of this section with the City Clerk or Board of Election Supervisors with the certificate of candidacy or with the Commission prior to filing the certificate of candidacy; and (b) Shall file the statements required under Subsection D(2)(b) and (c) of this section of this chapter with the Commission. (4) If a candidate fails to file a statement required by this section after written notice is provided by the City Clerk or Board of Election Supervisors at least 20 days before the last day for the withdrawal of candidacy, the candidate is deemed to have withdrawn the candidacy. (5) The City Clerk or Board of Election Supervisors may not accept any certificate of candidacy unless a statement required under this section has been filed in proper form. (6) Within 30 days of the receipt of a statement required under this section, the City Clerk or Board of Election Supervisors shall forward the statement to the Commission. E. Public record. (1) The Commission shall maintain all financial disclosure statements filed under this section. Home addresses shall be redacted from public disclosure. (2) The Commission shall make financial disclosure statements available during normal office hours for examination and copying by the public, subject to reasonable fees and administrative procedures established by the Commission. (3) If an individual examines or copies a financial disclosure statement, the Commission shall record: (a) The name and home address of the individual reviewing or copying the statement; and (b) The name of the person whose financial disclosure statement was examined or copied. (4) Upon request by the individual whose financial disclosure statement was examined or copied, the Commission shall provide the official with a copy of the name and home address of the person who reviewed the official's financial disclosure statement. F. Retention requirements. The Commission shall retain financial disclosure statements for four years from the date of receipt. 5 G. Contents of statement. (i) 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 of 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 of the person from whom the interest was acquired; [4] The nature and amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired; [5] If any interest was transferred, in whole or in part, at any time during the reporting period, a description of 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 of any 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 of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, regardless of whether the corporation or partnership does business with the City. (b) For each interest reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability corporation; [2] The nature and amount of 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 of the interest transferred, the nature and amount of the consideration received for the interest, and, if known, the identity of the person to whom the interest was transferred; and [4] With respect to any interest acquired during the reporting period: [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, if acquired other than by purchase, the fair market value of the interest at the time acquired. (c) An individual may satisfy the requirement to report the amount of the interest held under Subsection G(2)(b)[2] of this section by reporting, instead of a dollar amount: [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 [2] For an equity interest in a partnership, the percentage of equity interest held. (3) Interests in business entities doing business with City. 6  (a) A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City, other than interests reported under Subsection G(2) of this section. (b) For each interest reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the business entity; [2] The nature and amount of the interest held, including any conditions to 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 of the interest transferred, the nature and amount of the consideration received in exchange for the interest, and, if known, the identity of the person to whom the interest was transferred; and [4] With respect to any interest acquired during the reporting period: [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, if acquired other than by purchase, the fair market value of the interest at the time acquired. (4) Gifts. [Amended 8-27-2013 by Ord. No. 0-13-22; 4-28-2015 by Ord. No. O-l 5-07] (a) A statement filed under this section shall include a schedule of each gift, as defined in § 33-3 hereof, in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one person or entity who does business with the City. (b) For each gift reported, the schedule shall include: [1] A description of the nature and value of the gift; and [2] The identity of the person or entity from whom, or on behalf of whom, directly or indirectly, the gift was received. (5) Employment with or interests in entities doing business with the City. (a) A statement filed under this section shall include a schedule of all offices, directorships, and salaried employment by the individual or member of the immediate family of the individual held at any time during the reporting period with entities doing business with the City. (b) For each position reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the 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 City agency with which the entity is involved as indicated by identifying one or more of the [1] three categories of "doing business," as defined in § 3(d) of this chapter. [1] Editor's Note: So in original. (6) Indebtedness to persons or entities doing business with the City. [Amended 8-27-2013 by Ord. No. O-l 3-22] (a) A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to persons or entities doing business with the City, owed at any time during the reporting period: [1] By the individual; or 7  [2] By the spouse or dependent children ('Immediate family members") of the individual if the individual was involved in the transaction giving rise to the liability. (b) For each liability reported under this subsection, the schedule shall include: [1] The identity of the person or entity to whom the liability was owed and the date the liability was incurred: [2] The amount of the liability owed as of the end of the reporting period; [3] The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and [4] The security given, if any, for the liability. (7) Employment with City. A statement filed under this section shall include a schedule of the immediate family members of the individual employed by the City 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 of the name and address of each place of employment and of each business entity of which the individual or a member of the individual's immediate family was a sole or partial owner and from which the individual or member of 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 if 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. (9) For a statement filed on or after January 1, 2019, if the individual’s spouse is a regulated lobbyist, any entity that has engaged the spouse for lobbying purposes; and (10) 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. H. For the purposes of Subsection G(i), (2), and (3) of this chapter, the following interests are considered to be the interests of the individual making the statement: (1) An interest held by a member of the individual's immediate family, if the interest was, at any time during the reporting period, directly or indirectly controlled by the individual. (2) An interest held by a business entity in which the individual held a 30% or greater interest at any time during the reporting period. (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) If a revocable trust, the individual was a settlor. I. Review of disclosure statements; enforcement. (1) The Commission shall review the financial disclosure statements submitted under this section for compliance with the provisions of this section and shall notify an individual submitting the statement of any omissions or deficiencies. (2) The City Ethics Commission may take appropriate enforcement action to ensure compliance with this section. 8 § 33-4 Financial disclosure - employees and appointed officials. [Amended 8-27-2013 by Ord. No. 0-13-22] A. This section applies to the following, provided that the offices exist: (1) The City Administrator; (2) The City Clerk; (3) The City Treasurer; (4) The City Finance Director; (5) The City Attorney; (6) All City department heads; and (7) Members of all boards, commissions and committees of the City of Hagerstown, Maryland, and City appointees to non- City boards, commissions, and committees. B. An employee or an official shall file the financial disclosure statement required under this subsection: (i) On a form provided by the Ethics Commission for the City of Hagerstown (the "Commission"); (2) Under oath or affirmation; and (3) With the Commission. C. Deadlines for filing statements. (1) An employee or official shall file a financial disclosure statement annually no later than January 31 of each year for the preceding calendar year. (2) An official who is hired or 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. D. Public record. (1) The Commission shall maintain all financial disclosure statements filed under this section. Home addresses shall be redacted from public disclosure. (2) The Commission shall make financial disclosure statements available during normal office hours for examination and copying by the public, subject to reasonable fees and administrative procedures established by the Commission. (3) If an individual examines or copies a financial disclosure statement, the Commission shall record: (a) The name and home address of the individual reviewing or copying the statement; and (b) The name of the person whose financial disclosure statement was examined or copied. (4) Upon request by the individual whose financial disclosure statement was examined or copied, the Commission shall provide the official with a copy of the name and home address of the person who reviewed the employee's or official's financial disclosure statement. Retention requirements. The Commission shall retain financial disclosure statements for four years from the date of receipt. 9 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 located in Washington County, Maryland. (b) For each reported 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 of 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 of the person from whom the interest was acquired; [4] The nature and amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired; [5] If any interest was transferred, in whole or in part, at any time during the reporting period, a description of 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 of any 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 of all interests in any corporation, partnership, limited liability partnership, or limited liability corporation, which is authorized to do business in the State of Maryland and has a place of business in Washington County, Maryland. (b) For each interest reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability corporation; [2] The nature and amount of 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 of the interest transferred, the nature and amount of the consideration received for the interest, and, if known, the identity of the person to whom the interest was transferred; and [4] With respect to any interest acquired during the reporting period: [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 amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired. (c) An individual may satisfy the requirement to report the amount of interest held under Subsection F(2)(b)[2] of this section by reporting, instead of a dollar amount: [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 [2] For an equity interest in a partnership, the percentage of equity interest held. 10 (3) Interests in business entities doing business with City. (a) A statement filed under this section shall include a schedule of all interests in any business entity that does business with the City. (b) For each interest reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the business entity; [2] The nature and amount of interest held, including any conditions to 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 of the interest transferred, the nature and amount of the consideration received in exchange for the interest, and, if known, the identity of the person to whom the interest was transferred; and [4] With respect to any interest acquired during the reporting period: [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 amount of the consideration given in exchange for the interest or, if acquired other than by purchase, the fair market value of the interest at the time acquired. (4) Employment with entities doing business with the City. (a) A statement filed under this section shall include a schedule of all salaried employment by the individual or member of the immediate family of the individual held at any time during the reporting period with entities doing business with the City. (b) For each position reported under this subsection, the schedule shall include: [1] The name and address of the principal office of the business entity; [2] The title and nature of the salaried employment held and the date it commenced; and [3] The name of each City agency with which the entity is involved or by which the entity is regulated. (5) Indebtedness to persons or entities doing business with the City. (a) A statement filed under this section shall include a schedule of all liabilities, excluding retail credit accounts, to persons or entities doing business with the City owed at any time during the reporting period: [1] By the individual; or [2] By the spouse or dependent children (Immediate family members") of the individual if the individual was involved in the transaction giving rise to the liability. (b) For each liability reported under this subsection, the schedule shall include: [1] The identity of the person to whom the liability was owed and the date the liability was incurred; [2] The amount of the liability owed as of the end of the reporting period; [3] The terms of payment of the liability and the extent to which the principal amount of the liability was increased or reduced during the year; and [4] The security given, if any, for the liability. (6) Employment with City. A statement filed under this section shall include a schedule of the immediate family members of the 11  individual employed by the City in any capacity at any time during the reporting period. (7) Gifts. [Amended 4-28-2015 by Ord. No. 0-15-07; 4-28-2015 by Ord. No. 0-15-07] (a) A statement filed under this section shall include a schedule of each gift, as defined in § 33-3 hereof, in excess of $20 in value or a series of gifts totaling $100 or more received during the reporting period from or on behalf of, directly or indirectly, any one person or entity who does business with the City. (b) For each gift reported, the schedule shall include: [1] A description of the nature and value of the gift; and [2] The identity of the person or entity from whom, or on behalf of whom, directly or indirectly, the gift was received. (8) For a statement filed on or after January 1, 2019, if the individual’s spouse is a regulated lobbyist, any entity that has engaged the spouse for lobbying purposes; and (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. For the purposes of Subsection F(i), (2), and (3) of this chapter, the following interests are considered to be the interests of the individual making the statement: (1) An interest held by a member of the individual's immediate family, if the interest was, at any time during the reporting period, directly or indirectly controlled by the individual. (2) An interest held by a business entity in which the individual held a thirty-percent or greater interest at any time during the reporting period. (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) If a revocable trust, the individual was a settler. Board members - modified requirements. An appointed member of a City board, commission or committee, and City appointees to non-City boards, commissions or committees, shall file the statement required by this section and shall be required to disclose the information specified only with respect to those interests, gifts, compensated positions, and liabilities that may create a conflict between the member's personal interests and the member's duties on the board. Review of disclosure statements; enforcement. (1) The Commission shall review the financial disclosure statements submitted under this section for compliance with the provisions of this section and shall notify an individual who submitted the statement of any omissions or deficiencies. (2) The City Ethics Commission may take appropriate enforcement action to ensure compliance with this section. 12 Chapter 35. Ethics Commission §35-4 Responsibilities. The Commission referred to herein shall be advised by the City Attorney and shall have the following responsibilities: A. To devise, receive and maintain all forms generated by this Chapter and Chapter 33, Ethics, Code of. B. To provide published advisory opinions to persons subject to this chapter and Chapter 33, Ethics, Code of, as to applicability of the provisions of those chapters to them. C. To process and make determinations as to complaints filed by any person alleging violations of this chapter and Chapter 33, Ethics, Code of. D. To conduct a public information program regarding the purposes and application of this chapter and Chapter 33, Ethics, Code of. E. To recommend and coordinate ongoing education for the applicable individuals regarding the purposes and application of this chapter and Chapter 33, Ethics, Code of. F. To grant exceptions to the prohibitions of §33-3 as permitted therein, and exercise all powers conferred upon the Commission by the Code of Ethics of the City of Hagerstown. [Added 8-23-2011 by Ord. No. O-11-17] G. To certify to the State Ethics Commission that the City of Hagerstown is in compliance with all Code of Ethics requirements for elected officials, ,on or before October 1 of each year. [Added 8-23-2011 by Ord. No. O-11-17] H. To meet regularly, at least quarterly, to conduct the business listed above. 35-5. Conflicts of Interest. In the event that any City elected official, officer, employee, agency, administrative board or department is a party to any proceedings before the Commission, and it is determined either by a vote of a majority of the Commission or the City Attorney that there would be a conflict of interest in such case, then the Commission may engage within its discretion other counsel from Washington County, Maryland, to act on behalf of the Commission. 13  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Parking Rates – Continued Discussion on Possible Changes for Students and Businesses November 2018 – Eric Deike, Director of Public Works Mayor and City Council Action Required: Discussion: To discuss parking rate discounts for USMH students and possibly all students downtown. Continued discussion of bulk rate discounts for businesses. See the attached memo. Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Memo on Parking Parking_Rate_Changes_November_2018_Schools_and_Bulk_Rate.pdf Rates - November 2018  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Water & Wastewater Five Year Rate Plan – Mike Spiker, Utilities Director Mayor and City Council Action Required: Discussion for WWW Five Year Rate Plan Discussion: The Utilities Department Financial/Administrative staff continues to work with Municipal & Financial Services Group (MFSG) staff in the development of the Water and Wastewater Five Year Rate Plan. This Plan will be in effect from Fiscal Year 20 through the end of Fiscal Year 24. The following information contains our existing draft proposal and assumption information utilized in the Plan. There are no changes in the methodologies utilized in the formulation of this Plan as has existed in the previous two iterations. Inflation rate 1.5%, Wastewater and Water Customer growth rate 0.4%, Wastewater Consumption growth rate -0.6%, and the Water Consumption growth rate -0.9%. We utilized previous year histories and have utilized conservative assumptions. Wastewater rate requirements are an increase of 2% per year for each of the five years Water rate requirements are an increase of 3% per year for each of the five years Each of the Utilities is currently in a strong cash position and staff is in concurrence with the minimal increases and that our operational requirements can be met with the proposed minimal increases for our customers. The City currently charges customers with higher than normal strength wastewater surcharges due to the additional cost associated with treating this wastewater. The City increased the surcharge amounts as a result of the cost of service study completed in 2005 and subsequently based on inflation. The current charges were reviewed based on the updated financial model and were determined to be set at the appropriate level. The City should continue to monitor the costs associated with treating high strength sewage. The City currently has two types of maintenance charges, materials and labor, imposed upon customers with grinder pumps required for low pressure systems. For those customers within the Woodlands area, a pump is shared among two dwellings and the maintenance charge is approximately $53.73 per dwelling. Customers within other areas are charged a maintenance fee of approximately $97.80 per pump. In FY19 the annual cost to fund replacements and repairs to the grinder pump systems equals approximately $112K. The current charges are projected to provide adequate revenues to cover the costs of maintaining these systems.  The City currently imposes benefit charges on customers who connect to the water and/or wastewater system. The benefit charges are based on the capital costs of providing water and sewer capacity for new customers. Benefit charges are proportioned based upon anticipated usage and jurisdiction (inside/outside city). Benefit charges are intended to recover the capital cost of capacity constructed to serve a new customer. This includes treatment as well as pumping, distribution and collection for systems that are off-site. The current benefit charges will remain at level based on the cost of providing water and wastewater capacity to new customers. We may want to plan a 3% rate increase per year to be consistent with the model and under collecting for both water and wastewater. This will still be lower than what was recommended in the model. The City currently charges customer fire line charges based on meter and/or pipe size. The City increased the charges for fire lines by approximately 15% in FY10 to bring the revenues from these charges in line with the cost of providing private fire protection. Based on the updated model we recommend that the City adjust fire line charges at an annual rate of 3% to ensure that the fire line charges keep up with the increasing cost of providing private fire protection service. The Rate Information is based on a usage of 10,000 gallons per quarter Inside City Rate Outside City Rate Water Current $23.37 $59.98 Water Proposed FY20 $24.07 $61.78 Wastewater Current $77.56 $129.57 Wastewater Proposed FY20 $79.11 $132.16 Combined Current $100.93 $189.55 Combined Proposed FY20 $103.18 $193.94 Monthly Current $33.64 $63.18 Monthly Proposed FY20 $34.39 $64.65 Staff will be available at the Works Session on November 13 for discussion. Financial Impact: Draft Discussion Recommendation: Draft Discussion Motion: NA Action Dates: Work Session 11/13/18 ATTACHMENTS: File Name Description Memo_for_WWW_Five_Year_Rate_Plan_111318.pdf Memo for WWW Five Year Rate Plan 111318  City of Hagerstown Department of Utilities 425 East Baltimore Street 1 Clean Water Circle 51 West Memorial Blvd Hagerstown, MD 21740-6105 Hagerstown, MD 21740-6848 Hagerstown, MD 21740-6848 November 13, 2018 TO: Valerie Means, City Administrator FROM: Michael S. Spiker, Director of Utilities Nancy Hausrath, Water Operations Manager Nelia Tidler, Utilities Financial Manager Joe Moss, Wastewater Operations Manager SUBJECT: Water/Wastewater Five Year Rate Plan The Utilities Department Financial/Administrative staff continues to work with Municipal & Financial Services Group (MFSG) staff in the development of the Water and Wastewater Five Year Rate Plan. This Plan will be in effect from Fiscal Year 20 through the end of Fiscal Year 24. The following information contains our existing draft proposal and assumption information utilized in the Plan. There are no changes in the methodologies utilized in the formulation of this Plan as has existed in the previous two iterations.  Inflation rate 1.5%, Wastewater and Water Customer growth rate 0.4%, Wastewater Consumption growth rate -0.6%, and the Water Consumption growth rate -0.9%. We utilized previous year histories and have utilized conservative assumptions.  Wastewater rate requirements are an increase of 2% per year for each of the five years  Water rate requirements are an increase of 3% per year for each of the five years  Each of the Utilities is currently in a strong cash position and staff is in concurrence with the minimal increases and that our operational requirements can be met with the proposed minimal increases for our customers.  The City currently charges customers with higher than normal strength wastewater surcharges due to the additional cost associated with treating this wastewater. The City increased the surcharge amounts as a result of the cost of service study completed in 2005 and subsequently based on inflation. The current charges were reviewed based on the updated financial model and were determined to be set at the appropriate level. The City should continue to monitor the costs associated with treating high strength sewage.   The City currently has two types of maintenance charges, materials and labor, imposed upon customers with grinder pumps required for low pressure systems. For those customers within the Woodlands area, a pump is shared among two dwellings and the maintenance charge is approximately $53.73 per dwelling. Customers within other areas are charged a maintenance fee of approximately $97.80 per pump. In FY19 the annual cost to fund replacements and repairs to the grinder pump systems equals approximately $112K. The current charges are projected to provide adequate revenues to cover the costs of maintaining these systems.  The City currently imposes benefit charges on customers who connect to the water and/or wastewater system. The benefit charges are based on the capital costs of providing water and sewer capacity for new customers. Benefit charges are proportioned based upon anticipated usage and jurisdiction (inside/outside city). Benefit charges are intended to recover the capital cost of capacity constructed to serve a new customer. This includes treatment as well as pumping, distribution and collection for systems that are off-site. The current benefit charges will remain at level based on the cost of providing water and wastewater capacity to new customers. We may want to plan a 3% rate increase per year to be consistent with the model and under collecting for both water and wastewater. This will still be lower than what was recommended in the model.  The City currently charges customer fire line charges based on meter and/or pipe size. The City increased the charges for fire lines by approximately 15% in FY10 to bring the revenues from these charges in line with the cost of providing private fire protection. Based on the updated model we recommend that the City adjust fire line charges at an annual rate of 3% to ensure that the fire line charges keep up with the increasing cost of providing private fire protection service.  The Rate Information is based on a usage of 10,000 gallons per quarter Inside City Rate Outside City Rate Water Current $23.37 $59.98 Water Proposed FY20 $24.07 $61.78 Wastewater Current $77.56 $129.57 Wastewater Proposed FY20 $79.11 $132.16 Combined Current $100.93 $189.55 Combined Proposed FY20 $103.18 $193.94 Monthly Current $33.64 $63.18 Monthly Proposed FY20 $34.39 $64.65 Staff will be available at the Works Session on November 13 for discussion. ---------------------------------------------------------------------------------------------------------------------------------------- Phone 301.739.8577 ext. 143 Electric Fax 301.739.7958 TDD 301.797.6617 Phone 301.739.8577 ext. 650 W/WW Fax 301.733.2873 TDD 301.797.6617  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Town of Funkstown Utilities Water & Wastewater Joint Service Area Request – Mike Spiker, Utilities Director Mayor and City Council Action Required: Funkstown Utilities Request Discussion and New Business Approval Discussion: The Town of Funkstown requested City of Hagerstown Water and Wastewater Services (Utilities) for a 44.11 acre parcel within their Town boundaries that is located west of the Antietam Creek and currently inaccessible to their existing water/wastewater infrastructure. The City Utilities are contiguous to the requested parcel. Water Service can be provided via a water main located within Frederick Street and can be accomplished through language contained within the existing Water Services Agreement with the Town of Funkstown. Established Capacity is available within the Agreement. Wastewater services can be accomplished through a Joint Service Agreement between the two entities and has been developed by the efforts of the City/Town Legal Counsels and City Staff. The physical location of the attachment point will occur within Collection System District 12 near Manhole 12014 on the 21 inch gravity main. This agreement will be external to any current Joint Service Area Agreements that are attached to the Consolidated General Services Agreement between the City of Hagerstown and Washington County. The Agreement provisions are as follows: The Town will own and operate all systems located within the designated boundaries Water Service will be provided and billed monthly via one meter per Water Services Agreement rates Wastewater Service will be provided and billed via Water meter readings Wastewater Service will be billed utilizing the Joint Service Area rate structure Wastewater Service Allocation will be capped at 40 Equivalent Dwelling Units for the 44.11 acre parcel If the Mayor and Council are in agreement, the attached ordinance and associated documentation will be added to the November New Business agenda. Should you have questions or require additional information, please let us know. Financial Impact: Increase in Water and Wastewater through new customer base Recommendation: Staff Recommended Approval Motion: REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND DATE: November 27, 2018 TOPIC: Acceptance of an Ordinance Entering into an Agreement for the Provision of Sanitary Sewer between the City of Hagerstown and the Town of Funkstown, MD. Charter Amendment ? Code Amendment ? Ordinance ? Resolution ¦ Other ? MOTION: I hereby move that the Mayor and City Council approve the attached Ordinance Entering into an Agreement for the Provision of Sanitary Sewer between the City of Hagerstown and the Town of Funkstown, MD. The referenced parcel is within the corporate boundaries of the Town of Funkstown and identified as Being All of Liber 1246 Folio 983 containing 44.11 acres. DATE OF INTRODUCTION: 11/27/18 DATE OF PASSAGE: 12/18/18 EFFECTIVE DATE: 01/18/19 Action Dates: Work Session Discussion and New Business Item ATTACHMENTS: File Name Description Funkstown_Utilities_Request_112718.pdf Funkstown Utilities Request  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Requested Amendment to Water & Wastewater Policy for Essential Government Services – Mike Spiker, Utilities Director and Kathleen Maher, Director of Planning & Code Administration Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description W&W Policy Amendment MCC_packet_Amendment_to_W_W_Policy_for_Essen_Govt_Svs_11_8_18.pdf for Essential Government Services  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Follow-up on Hotel Licensing Discussion - Kathleen Maher, Director of Planning and Code Administration and Steve Lohr, Fire Chief Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: August 25, 2017, February 20, 2018, October 2, 2018 - discussions October 23 - public meeting November 13 - follow-up ATTACHMENTS: File Name Description M_CC_packet_Follow- Follow-up on Hotel up_on_Hotel_Licensing_Discussion_11_7_18.pdf Licensing Discussion  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Maryland State Arts Council – Grants for Organizations – Kitty Clark, Events Coordinator Mayor and City Council Action Required: Staff seek approval from Mayor and Council to submit an application to the Maryland State Arts Council (MSAC) in support of the 2020 Signature Music and Arts Festival. A special session will be convened immediately following this discussion for a vote on the motion to authorize submission of the application. Discussion: At the November 13, 2018 Work Session, staff will discuss the application to the Maryland State Arts Council – Grants for Organizations (MSAC-GFO) program for FY20. Staff seek approval from Mayor and Council to submit an application to the Maryland State Arts Council (MSAC) in support of the 2020 Signature Music and Arts Festival. A special session will be convened immediately following this discussion for a vote on the motion to authorize submission of the application. The City can shift its MSAC FY20 request from the Traditional Arts category to the Multi- Discipline B category (which covers multi-arts festivals). Funds would be used to cover the costs of presenting artists. With a successful application, we expect that a grant award will be in the range of $10,000- $15,000. A 3-to-1 match would require that our event have $45,000 from other sources (including the City contribution, sponsorships, other grants, and event revenue). The match would be included in the Public Functions line items in the FY20 DCED budget. Background Since 2012, the City has received MSAC-GFO funding in support of the Western Maryland Blues Fest. The MSAC-GFO grants have always required a 3-to-1 match. We are currently on a 3-year funding cycle, and every third year we need to submit a full application. 2018 is the year when we need to submit the full application. (In other years we have submitted a Request for Funding). Last year’s RFF was submitted in December, 2017. We have been granted an award of $13,002 and MSAC is allowing us to use the grant for the reconfigured FY19 Event Programming. Our largest MSAC-GFO grant was $19,487 in FY17. Financial Impact: Recommendation: Motion: I hereby move to authorize the City to submit a grant application for an MSAC-GFO grant to the Maryland State Arts Council. This grant requires a 3-to-1 match. The match would be included in the Public Functions line items in the FY20 DCED budget. The grant will be used to cover the cost of presenting artists in the 2020 Signature Music and Arts Festival. Action Dates: DATE OF INTRODUCTION: 11/13/2018 DATE OF PASSAGE: 11/13/2018 EFFECTIVE DATE: 11/13/2018 ATTACHMENTS: File Name Description MSAC-GFO_for_FY20_Memo.pdf Memo MSAC  CITY OF HAGERSTOWN, MARYLAND Department of Community & Economic Development TO: Valerie Means, City Administrator FROM: Kitty Clark, Community Events Coordinator DATE: November 7, 2018 SUBJECT: Maryland State Arts Council – Grants for Organizations __________________________________________________________________________________ At the November 13, 2018 Work Session, staff will discuss the application to the Maryland State Arts Council – Grants for Organizations (MSAC‐GFO) program for FY20. Action Requested Staff seek approval from Mayor and Council to submit an application to the Maryland State Arts Council (MSAC) in support of the 2020 Signature Music and Arts Festival. A special session will be convened immediately following this discussion for a vote on the motion to authorize submission of the application. The City can shift its MSAC FY20 request from the Traditional Arts category to the Multi‐Discipline B category (which covers multi‐arts festivals). Funds would be used to cover the costs of presenting artists. With a successful application, we expect that a grant award will be in the range of $10,000‐$15,000. A 3‐to‐ 1 match would require that our event have $45,000 from other sources (including the City contribution, sponsorships, other grants, and event revenue). The match would be included in the Public Functions line items in the FY20 DCED budget. Background Since 2012, the City has received MSAC‐GFO funding in support of the Western Maryland Blues Fest. The MSAC‐GFO grants have always required a 3‐to‐1 match. We are currently on a 3‐year funding cycle, and every third year we need to submit a full application. 2018 is the year when we need to submit the full application. (In other years we have submitted a Request for Funding). Last year’s RFF was submitted in December, 2017. We have been granted an award of $13,002 and MSAC is allowing us to use the grant for the reconfigured FY19 Event Programming. Our largest MSAC‐GFO grant was $19,487 in FY17. c: Jill Thompson, Director of Community and Economic Development ______________________________________________________________________________ 14 N. Potomac Street, Suite 200A Hagerstown, MD 21740  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of a Grant Application to the Maryland State Arts Council Mayor and City Council Action Required: Discussion: At the November 13, 2018 Work Session, staff will discuss the application to the Maryland State Arts Council – Grants for Organizations (MSAC-GFO) program for FY20. Action Requested Staff seek approval from Mayor and Council to submit an application to the Maryland State Arts Council (MSAC) in support of the 2020 Signature Music and Arts Festival. A special session will be convened immediately following this discussion for a vote on the motion to authorize submission of the application. The City can shift its MSAC FY20 request from the Traditional Arts category to the Multi- Discipline B category (which covers multi-arts festivals). Funds would be used to cover the costs of presenting artists. With a successful application, we expect that a grant award will be in the range of $10,000- $15,000. A 3-to-1 match would require that our event have $45,000 from other sources (including the City contribution, sponsorships, other grants, and event revenue). The match would be included in the Public Functions line items in the FY20 DCED budget. Background Since 2012, the City has received MSAC-GFO funding in support of the Western Maryland Blues Fest. The MSAC-GFO grants have always required a 3-to-1 match. We are currently on a 3-year funding cycle, and every third year we need to submit a full application. 2018 is the year when we need to submit the full application. (In other years we have submitted a Request for Funding). Last year’s RFF was submitted in December, 2017. We have been granted an award of $13,002 and MSAC is allowing us to use the grant for the reconfigured FY19 Event Programming. Our largest MSAC-GFO grant was $19,487 in FY17. Financial Impact: Recommendation: Motion: I hereby move to authorize the City to submit a grant application for an MSAC-GFO grant to the Maryland State Arts Council. This grant requires a 3-to-1 match. The match would be included in the Public Functions line items in the FY20 DCED budget. The grant will be used to cover the cost of presenting artists in the 2020 Signature Music and Arts Festival. Action Dates: DATE OF INTRODUCTION: 11/13/2018 DATE OF PASSAGE: 11/13/2018 EFFECTIVE DATE: 11/13/2018 ATTACHMENTS: File Name Description MSAC-GFO_for_FY20_Motion.pdf Motion MSAC Grant MSAC-GFO_for_FY20_Memo.pdf Memo MSAC  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND DATE: November 13, 2018 TOPIC: Approval of a Grant Application to the Maryland State Arts Council Charter Amendment ___ Code Amendment ___ Ordinance ___ Resolution ___ Other _X_ MOTION: I hereby move to authorize the City to submit a grant application for an MSAC-GFO grant to the Maryland State Arts Council. This grant requires a 3-to-1 match. The match would be included in the Public Functions line items in the FY20 DCED budget. The grant will be used to cover the cost of presenting artists in the 2020 Signature Music and Arts Festival. DATE OF INTRODUCTION: 11/13/2018 DATE OF PASSAGE: 11/13/2018 EFFECTIVE DATE: 11/13/2018  CITY OF HAGERSTOWN, MARYLAND Department of Community & Economic Development TO: Valerie Means, City Administrator FROM: Kitty Clark, Community Events Coordinator DATE: November 7, 2018 SUBJECT: Maryland State Arts Council – Grants for Organizations __________________________________________________________________________________ At the November 13, 2018 Work Session, staff will discuss the application to the Maryland State Arts Council – Grants for Organizations (MSAC‐GFO) program for FY20. Action Requested Staff seek approval from Mayor and Council to submit an application to the Maryland State Arts Council (MSAC) in support of the 2020 Signature Music and Arts Festival. A special session will be convened immediately following this discussion for a vote on the motion to authorize submission of the application. The City can shift its MSAC FY20 request from the Traditional Arts category to the Multi‐Discipline B category (which covers multi‐arts festivals). Funds would be used to cover the costs of presenting artists. With a successful application, we expect that a grant award will be in the range of $10,000‐$15,000. A 3‐to‐ 1 match would require that our event have $45,000 from other sources (including the City contribution, sponsorships, other grants, and event revenue). The match would be included in the Public Functions line items in the FY20 DCED budget. Background Since 2012, the City has received MSAC‐GFO funding in support of the Western Maryland Blues Fest. The MSAC‐GFO grants have always required a 3‐to‐1 match. We are currently on a 3‐year funding cycle, and every third year we need to submit a full application. 2018 is the year when we need to submit the full application. (In other years we have submitted a Request for Funding). Last year’s RFF was submitted in December, 2017. We have been granted an award of $13,002 and MSAC is allowing us to use the grant for the reconfigured FY19 Event Programming. Our largest MSAC‐GFO grant was $19,487 in FY17. c: Jill Thompson, Director of Community and Economic Development ______________________________________________________________________________ 14 N. Potomac Street, Suite 200A Hagerstown, MD 21740