Work Session

Mayor and Council Work Session November 10, 2020 Agenda "The City of Hagerstown will promote a diverse, business-friendly, and sustainable community with clean, safe, and strong neighborhoods." "The City of Hagerstown shall be the model provider of the most efficient and highest quality customer services to be known as the municipal location of choice for all" "Growth is never by mere chance; it is the result of forces working together." James Cash Penney ********************************************************************** In accordance with CDC guidelines, attendees are required to wear face coverings, and seating is limited to provide social distancing. ********************************************************************** 10:45 Meeting with Washington County Delegation - Hagerstown Community College, 11400 AM Robinwood Drive, Hagerstown, Maryland 4:00 PM WORK SESSION 4:00 PM 1. Proclamation: Municipal Government Works Month 4:05 PM 2. Events: Street Banner Permission - Maryland Theatre's Donut Drive-By Event and Noise Ordinance Exemption- Mulberry Lofts Jingle Mingle - Kitty Clark, Community Events Coordinator, Jessica Green, Maryland Theatre Executive Director, and Marilisse Gonzalez, Patriot Eagle Services 3. Preliminary Agenda Review 4:25 PM 4. Lobbyist Services for Maryland Renewable Portfolio Standard - Cap for Solar Requirements - Nathan Fridinger, Electric Operations Manager, and Nancy Hausrath, Director of Utilities 4:40 PM 5. Request to Fill Three Firefighter Positions and One Position Over Complement - Chief Steven Lohr 4:55 PM 6. Proposed “Holiday Cheer” Grant Program - Kaitlin Bell, Economic Development Specialist, Kitty Clark, Community Events Coordinator, and Rachel Poffenberger, Economic Development Program Assistant 5:10 PM 7. 36-40 N Potomac Street – Strategy for Filling Current and Future Vacancies - Jonathan Kerns, Community Development Manager 5:15 PM 8. CDBG Amendment for Capital Improvement Project Funding Transfers - Jonathan Kerns, Community Development Manager, and Rodney Tissue, City Engineer CITY ADMINISTRATOR'S COMMENTS MAYOR AND COUNCIL COMMENTS ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: ********************************************************************** In accordance with CDC guidelines, attendees are required to wear face coverings, and seating is limited to provide social distancing. ********************************************************************** Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Meeting with Washington County Delegation - Hagerstown Community College, 11400 Robinwood Drive, Hagerstown, Maryland Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proclamation: Municipal Government Works Month Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Events: Street Banner Permission - Maryland Theatre's Donut Drive-By Event and Noise Ordinance Exemption- Mulberry Lofts Jingle Mingle - Kitty Clark, Community Events Coordinator, Jessica Green, Maryland Theatre Executive Director, and Marilisse Gonzalez, Patriot Eagle Services Mayor and City Council Action Required: Discussion: he Maryland Theatre has requested permission to place a temporary banner above South Potomac Street near the intersection of Antietam Street on Thursday, December 31. Per Section 216-17 of the City Code, banners within the right-of-way of the City must be approved by the Mayor and Council. Maryland Theatre Executive Director Jessica Green will be present at the work session to answer any questions about the banner or the event for which it is being installed. The banner is part of the Donut Drive-By event taking place on December 31, 2020. The Donut Drive-By is a replacement event for the annual Donut Drop. Donuts and coffee will be given away between 7:00 am-10:00 am on New Year’s Eve day, via the right lane of South Potomac Street. Event organizers have met with the City’s logistics committee to review auxiliary police needs, the banner, traffic signage, and traffic flow. The event organizer is in discussion with Bowman Development (for the Masonic Temple) and the Art Gastropub about the banner placement. The City’s logistics team (Public Works, Parks & Engineering, Police, Fire, and Safety & Risk) have reviewed and approved the banner specs. A Certificate of Insurance has been provided by the Maryland Theatre. The banner will be installed on the evening of December 30 or early the morning of December 31 and removed by the evening of December 31. Event organizer Marilisse Gonzalez from Patriot Eagle Services will be present at the November 10 work session to answer any questions about Jingle Mingle, an outdoor holiday marketplace taking place in the parking lot of Mulberry Lofts on December 12 and 13, 2020. This event is an initiative of Charlie & Sam’s Bakeshop and River Bottom Roasters. The event organizer is planning on having a DJ play amplified music throughout the event, from 9:00 am to 4:00 pm each day. As planned, the event will require an exemption by the Mayor and City Council from Chapter 155-Noise, of the City Code. A copy of this section of the City Code is attached. Financial Impact: Recommendation: Motion: Action Dates: If these exemptions are approved, formal action could be scheduled for the November 17, 2020 Regular Session. ATTACHMENTS: File Name Description Memo-Street_Banner_Request-Donut_Driveby.pdf Donut Drive-By Event Memo_-_Noise_Ordinance_Exemption_- Memo - Mingle Jingle _Mulberry_Lofts_Mingle_Jingle.pdf  12345678935 8 48 !"#$$%&    89:; <=>??;@A=BCDEFBEG;HA?I;JKLAFAM?ED?>E; ; NO9P:; QA??I;HRDESG;H>LLTFA?I;UVBF?M;H>>EKAFD?>E; WJ8U:; 9=?>XBE;YZG;Y[Y[; <\]^UH8:; <?EBB?;]DFFBE;_BELAMMA>F;`;PDEIRDFK;8aBD?EBbM;W>FT?;WEAVBc]I;UVBF?; dddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd; e 8aB;PDEIRDFK;8aBD?EB;aDM;EBfTBM?BK;gBELAMMA>F;?>;gRD=B;D;?BLg>EDEI;XDFFBE;DX>VB;<>T?a;_>?>LD=; <?EBB?;FBDE;?aB;AF?BEMB=?A>F;>h;JF?AB?DL;<?EBB?;>F;8aTEMKDIG;WB=BLXBE;ijk;_BE;<B=?A>F;Yjlcjm;>h;?aB; HA?I;H>KBG;XDFFBEM;CA?aAF;?aB;EAna?c>hcCDI;>h;?aB;HA?I;LTM?;XB;DggE>VBK;XI;?aB;PDI>E;DFK;H>TF=ARk; PDEIRDFK;8aBD?EB;UoB=T?AVB;WAEB=?>E;^BMMA=D;pEBBF;CARR;XB;gEBMBF?;D?;?aB;C>ES;MBMMA>F;?>;DFMCBE;DFI; fTBM?A>FM;DX>T?;?aB;XDFFBE;>E;?aB;BVBF?;h>E;CaA=a;A?;AM;XBAFn;AFM?DRRBKk; ; 8aB;XDFFBE;AM;gDE?;>h;?aB;W>FT?;WEAVBc]I;BVBF?;?DSAFn;gRD=B;>F;WB=BLXBE;ijG;Y[Y[k;8aB;W>FT?;WEAVBc]I; AM;D;EBgRD=BLBF?;BVBF?;h>E;?aB;DFFTDR;W>FT?;WE>gk;W>FT?M;DFK;=>hhBB;CARR;XB;nAVBF;DCDI;XB?CBBF;m:[[; DLcj[:[[;DL;>F;@BC;qBDEbM;UVB;KDIG;VAD;?aB;EAna?;RDFB;>h;<>T?a;_>?>LD=;<?EBB?k;UVBF?;>EnDFArBEM;aDVB; LB?;CA?a;?aB;HA?IbM;R>nAM?A=M;=>LLA??BB;?>;EBVABC;DToARADEI;g>RA=B;FBBKMG;?aB;XDFFBEG;?EDhhA=;MAnFDnBG;DFK; ?EDhhA=;hR>Ck;; ; 8aB;XDFFBE;MgB=AhA=D?A>FM;DEB;DM;h>RR>CM:; stuBDVI;KT?I;`;jv;>rk;VAFIR stwvx;aAna;o;il[x;CAKB st<BCF;CA?a;EBAFh>E=BK;CBXXAFn;AF;?aB;M?A?=aBK;aBLM;DRR;DE>TFK stWcOAFnM;gRD=BK;>F;?aB;h>TE;=>EFBEM;h>E;aBDVIG;BDMI;D??D=aLBF? stpE>LLB?M;BVBEI;Ywx;>F;=BF?BE;?>g;DFK;X>??>L st]>??>L;>h;XDFFBE;?>;XB;D?;RBDM?;jyb;DX>VB;E>DKCDI; stJ??D=aBK;?>;?C>;zY{;LB=aDFA=DR;RAh?M;hE>L;OBF?DRM;\FRALA?BK:;>FB;CARR;XB;gRD=BK;AF;hE>F?;>h;?aB; PDM>FA=;8BLgRB;DFK;?aB;>?aBE;gRD=BK;D=E>MM;?aB;M?EBB?;AF;hE>F?;>h;?aB;nDRRBEI;K>>E;>h;8aB;JE?; pDM?E>gTX st]DFFBE;CARR;EBDK;|u>FS;Ah;I>T}EB;EBDKI;?>;MDI;n>>KXIB;?>;Y[Y[Gx;>E;MALARDE ; 8aB;BVBF?;>EnDFArBE;AM;AF;KAM=TMMA>F;CA?a;]>CLDF;WBVBR>gLBF?;zh>E;?aB;PDM>FA=;8BLgRB{;DFK;?aB;JE?; pDM?E>gTX;DX>T?;?aB;XDFFBE;gRD=BLBF?k;8aB;HA?IbM;R>nAM?A=M;?BDL;z_TXRA=;~>ESMG;_DESM;;UFnAFBBEAFnG; _>RA=BG;NAEBG;DFK;<DhB?I;;OAMS{;aDVB;EBVABCBK;DFK;DggE>VBK;?aB;XDFFBE;MgB=Mk;J;HBE?AhA=D?B;>h;€FMTEDF=B; aDM;XBBF;gE>VAKBK;XI;?aB;PDEIRDFK;8aBD?EBk;8aB;XDFFBE;CARR;XB;AFM?DRRBK;>F;?aB;BVBFAFn;>h;WB=BLXBE;i[; >E;BDERI;?aB;L>EFAFn;>h;WB=BLXBE;ij;DFK;EBL>VBK;XI;?aB;BVBFAFn;>h;WB=BLXBE;ijk ; €h;?aB;aDFnAFn;>h;?aB;XDFFBE;AM;D==Bg?DXRB;?>;?aB;PDI>E;DFK;H>TF=ARG;h>ELDR;D=?A>F;=>TRK;XB;M=aBKTRBK; h>E;?aB;@>VBLXBE;jmG;Y[Y[;OBnTRDE;<BMMA>Fk; ; ; =:;;;;;^ARR;8a>LgM>FG;WAEB=?>E;>h;H>LLTFA?I;DFK;U=>F>LA=;WBVBR>gLBF?; ;;;;;;;;PBRAMMD;N>TF?DAFG;UVBF?M;PDFDnBEG;8aB;PDEIRDFK;8aBD?EB; ; ; '''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''' ()*+,$-.-/001 2345.6/(7)0  0123401578948   7 80 549 83 4  1098 7 0  5   5 !"#$#$  98%4  &&'()*(+9,&(''-.//'07'-*/192'345(/55'6)78-  9:;<=>?><  9?=>?><  @?A>;>B  CDEF<A>    @<:   G   78948  H:I<:;<J;I;>?9F>BAE;KK<:A>D<;EE;<A>;>? ?ADKE;IL;<K;I;>>MF<:N<;BM<<";DOFA? IMB<A>#PQ!L<:9?L<:9A<ILR;SD<T>L<: J;IE;>?U:;<VDW>F<WAQI><>WBX"#$#$Y        W=UZ@[N=MM=\Z] ^!^#$#$ _  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 November_17__2020_Preliminary_Agenda.pdf November 17, 2020 Preliminary Agenda  113th REGULAR SESSION MAYOR & CITY COUNCIL NOVEMBER 17, 2020 AGENDA Preliminary Agenda ************************************************************************************** In accordance with CDC guidelines, attendees are required to wear face coverings at all times, except when addressing the Mayor and City Council. Seating is limited to provide for social distancing. ********************************************************************************************** 7:00 p.m. REGULAR SESSION – Council Chamber, 2nd floor, City Hall I. CALL TO ORDER - Mayor Robert E. Bruchey, II II. INVOCATION III. PLEDGE TO THE FLAG IV. ANNOUNCEMENTS A. Rules of Procedure – Effective January 21, 2020 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, Monday, November 23, 2020 – Oath of Office to New Administration – Location and Time TBD 2. Tuesday, November 24, 2020 – Work Session Organizational Meeting – Time TBD The future meeting schedule will be determined by the Mayor and City Council on November 24, 2020. The following dates and times are tentative: 3. Tuesday, December 1, 2020 – Work Session at 4:00 p.m. 4. Tuesday, December 8, 2020 – Work Session at 4:00 p.m. 5. Tuesday, December 15, 2020 – Regular Session at 7:00 p.m. 6. Tuesday, December 22, 2020 – No Meeting Scheduled 7. Tuesday, December 29, 2020 – No Meeting Scheduled V. APPOINTMENTS City Ethics Commission: Lewis C. Metzner, Term to Expire September 1, 2025 Joseph Jefferson, Term to Expire September 1, 2021 Hagerstown Housing Authority: Lynette Cunningham, Resident Commissioner, Term to Expire August 30, 2023 Historic District Commission: Chris George, Term to Expire November 30, 2023 Board of Zoning Appeals: Janice Kelsh, Term to Expire November 30, 2023 City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, Maryland 21740 301.790.3200 ext. 113 Hearing Impaired Call 301.797.6617 113th Regular Session - Agenda November 17, 2020 Mayor & City Council Page 2 of 3 VI. GUESTS Proclamation: Transgender Day of Remembrance Special Recognitions VII. CITIZEN COMMENTS Citizens are welcome to provide comments in person or by sending an email to councilcomments@hagerstownmd.org no later than 5:00 p.m. on Tuesday, November 17, 2020. Include your full name, home street address, and topic of your comments. You may attach a letter to the email, or write your comments in the body of the message. The City Clerk will read your name, address, and provide a summary of the comments. The full copy of the comments will be provided for public viewing as part of the minutes. VIII. MINUTES October 6, 2020, October 13, 2020, October 20, 2020, and October 27, 2020 IX. CONSENT AGENDA A. Fire Department: 1. Annual Uniform Purchase – BJ’s Custom Creations (Hagerstown, MD) Estimated Cost $ 35,000.00 2. Triple Combination Attack Pumper – 4 Guys Stainless Tank and Equipment (Meyersdale, PA) $ 573,259.00 B. Information Technology: 1. Tyler PACE-15 Training Package – Tyler Technologies (Dallas, TX) $ 11,775.00 2. Barracuda Essentials Security Software Renewal – System Source (Hunt Valley, MD) $ 12,986.00 C. Department of Parks and Engineering: 1. Mitchell Avenue at Railroad Overpass Traffic Signal – Milton Stamper Builders (Hagerstown, MD) Not to Exceed $ 199,754.00 2. Deck Replacement Hamilton Run Box Culvert – Jefferson Boulevard – Concrete General, Inc. (Gaithersburg, MD) $ 94,800.00 D. Utilities: 1. Wastewater: Sludge Holding Tank Cleaning Services – Synagro (Baltimore, MD) $ 25,857.00 X. UNFINISHED BUSINESS  A. Approval of an Ordinance: Authorizing the Sale of Property Located at 170 West Washington Street  B. Approval of an Ordinance: 352 Summit Avenue Quit Claim  C. Approval of an Ordinance: Amending Chapter 82, Discriminatory Practices, of the City Code – Updated Personal Protections  D. Approval of an Ordinance: Acquisition of Real Property for the Urban Improvement Project XI. NEW BUSINESS  A. Approval of a Resolution: Settlement Agreement with Cascades Tissue Group B. Approval of a Resolution: Addendum to Residential Lease for 11850 Indian Lane C. Approval of a Resolution: Amendment to Agreement with American Traffic Solutions, Inc., d/b/a Verra Mobility  D. Approval of Reimbursement to Easton Utilities for Lobbyist Services E. Approval of Purchase for Materials for NorthPoint and Former Cascades City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, Maryland 21740 301.790.3200 ext. 113 Hearing Impaired Call 301.797.6617 113th Regular Session - Agenda November 17, 2020 Mayor & City Council Page 3 of 3 New Business Continued: F. Approval of a License Agreement: Barbara Ingram School for the Arts Foundation, Inc. for Engraved Pavers G. Approval of Change Order for the 2020 Pavement Preservation Program H. Approval of Potterfield Pool Management Services Agreement  I. Approval of Temporary Overfill of Fire Department Position  J. Approval of Exemption from Banners in Right-of-Way – Donut Drive-By  K. Approval of Variance from Noise Ordinance – Mingle Jingle XII. CITY ADMINISTRATOR COMMENTS XIII. MAYOR & COUNCIL COMMENTS XIV. 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: Lobbyist Services for Maryland Renewable Portfolio Standard - Cap for Solar Requirements - Nathan Fridinger, Electric Operations Manager, and Nancy Hausrath, Director of Utilities Mayor and City Council Action Required: Approval to reimburse Easton Utilities Commission for Lobbyist Services. Discussion: Lobbyist services to assist with a cap on the solar requirements mandated for the Maryland Renewable Portfolio Standard. The 2019 Maryland’s Clean Energy Jobs Act increased the Renewable Portfolio Standard requirements for the State to reach a renewable energy source requirement of 50% by 2030. Additionally, the requirements for solar energy sources increased from 2.5% to 6% for 2020 and are on a path to increase annually until they reach 14.5% by 2028 and beyond. All Electric Utility Companies in Maryland must meet this requirement with the exception of Cooperative Electric Utilities, which were provided a 2.5% cap on their solar requirements. The five Municipal Electric Utilities in Maryland are collectively seeking assistance in the Maryland legislature to provide a cap on the required percentage for solar renewables while meeting the State’s renewable energy resource goal of 50% by 2030. Financial Impact: Easton generously offered to be 100% responsible for the service fees totaling $45,000, however, staff recommends assisting with these charges. Using a load sharing method, HLD contributed 44.5% of the total combined megawatt-hours purchased in 2019, which equates to a $20,014 share. To compare, the 2022 energy market projects the unit cost for Tier 1 renewable resources in Maryland to be approximately $11.13 per REC (renewable energy credit) where a solar REC, or SREC, has a market rate of $56.59. Assuming energy purchases are roughly 330,000 MWh, meeting the State requirements of 24.6% Tier 1 and 8.5% Solar, the total cost burden would equate to $2,409,882.90. Should the municipalities be provided a 2.5% cap, similar to the Cooperatives, a savings of $900,108 would be realized. Recommendation: Motion: Action Dates: Regular Session 11/17/2020 ATTACHMENTS: File Name Description Lobbyist_Memorandum_202011117.pdf Memorandum 202011_Easton_Utilities_-_Lobbyist.pdf Consent Form 425 East Baltimore Street Hagerstown, MD 21740-6105 November 4, 2020 To: Scott Nicewarner, City Administrator From: Nathan Fridinger, Electric Operations Manager Nancy Hausrath, Director of Utilities Subject: Lobbyist Services for Maryland Renewable Portfolio Standard Cap for Solar Requirements The 2019 Maryland’s Clean Energy Jobs Act increased the Renewable Portfolio Standard requirements for the State to reach a renewable energy source requirement of 50% by 2030. Additionally, the requirements for solar energy sources increased from 2.5% to 6% for 2020 and are on a path to increase annually until they reach 14.5% by 2028 and beyond. All Electric Utility Companies in Maryland must meet this requirement with the exception of Cooperative Electric Utilities, which were provided a 2.5% cap on their solar requirements. The five Municipal Electric Utilities in Maryland are collectively seeking assistance in the Maryland legislature to provide a cap on the required percentage for solar renewables while meeting the State’s renewable energy resource goal of 50% by 2030. The Town of Easton acquired lobbyist services from Old Line Government Affairs to assist all five Municipal Electric Companies through the general assembly. Easton generously offered to be 100% responsible for the service fees totaling $45,000, however, staff recommends assisting with these charges. Using a load sharing method, HLD contributed 44.5% of the total combined megawatt-hours purchased in 2019, which equates to a $20,014 share. HLD purchases energy through a full requirements wholesale power contract and adhering to the requirements of the Renewable Energy Portfolio Standard (RPS) is a function of the wholesale power supplier. There is a true-up built into the contract beginning June 1, 2022 that will adjust the RPS component of our wholesale power rate to conform to the market and comply with the State requirements. Any savings to the wholesale power rate for renewable energy resources will then be calculated through the Purchase Power Cost Adjustment and reflected on customers’ electric bills. To compare, the 2022 energy market projects the unit cost for Tier 1 renewable resources in Maryland to be approximately $11.13 per REC (renewable energy credit) where a solar REC, or SREC, has a market rate of $56.59. Assuming energy purchases are roughly 330,000 MWh, meeting the State requirements of 24.6% Tier 1 and 8.5% Solar, the total cost burden would equate to $2,409,882.90. Should the municipalities be provided a 2.5% cap, similar to the Cooperatives, a savings of $900,108 would be realized. Page 1 of 2 Phone 301.790.2600 Fax 301.739.7958 TDD 301.797.6617  2022 2022 with Solar Cap Tier 1 Requirements 33.1% 33.1% Alternative Tier 1 24.6% 30.6% Solar 8.5% 2.5% Energy Purchases (MWh) 330,000 330,000 Tier 1 Purchases (MWh) 81,180 100,980 Solar Purchases (MWh) 28,050 8,250 REC $ 11.13 $ 11.13 SREC $ 56.59 $ 56.59 Total Tier 1 $ 903,533.40 $ 1,123,907.40 Total Solar $ 1,587,349.50 $ 466,867.50 Total RPS $ 2,490,882.90 $ 1,590,774.90 Difference $ 900,108.00 Examples of Tier 1 renewable resources alternative to Solar are Wind, Qualifying Biomass, Methane from a landfill or wastewater treatment plant, Geothermal, Hydroelectric power plants of less than 30 MW capacity, Poultry litter-to-energy, Waste-to-energy, and Refuse–derived fuel. Page 2 of 2 Phone 301.790.2600 Fax 301.739.7958 TDD 301.797.6617  CITY OF HAGERSTOWN MAYOR AND COUNCIL PURCHASE/CONTRACT INFORMATION MEETING OF 11/17/2020 APPROVED FOR: CONSENT AGENDA X NEW BUSINESS ORIGINATING DEPARTMENT Utilities/Electric Division BY Nathan Fridinger, Electric Operations Manager ACCOUNT NO. 5074506-5309 ACCOUNT/PROJECT NAME Other Professional Services BUDGET AMOUNT $ 500.00 ACCOUNT BALANCE $ 500.00 YEAR FY21 CIP N/A UNBUDGETED* $ 19,514.00 SOURCE OF FUNDS ELECTRIC FUND *(See Department Manager Comments) QUANTITY DESCRIPTION AMOUNT 1 Reimbursement to Easton Utilities Commission for Lobbyist Service $ 20,014.00 TOTAL AMOUNT $ 20,014.00 ABOVE TO BE USED FOR: Lobbyist service in pursuit of obtaining municipal relief from solar renewable energy requirements at the 2021 Maryland General Assembly BID/PROPOSAL/QUOTE NO. RECOMMENDED VENDOR: BUSINESS NAME: Easton Utilities Commission ADDRESS: 201 N Washington St CITY, STATE: Easton, MD 21601 OTHER VENDORS: BUSINESS NAME CITY, STATE AMOUNT (1) DEPARTMENT MANAGER: Recommend purchase from sole provider Memorandum Attached 11/4/2020 SIGNATURE/DATE (2) PURCHASING AGENT: SIGNATURE/DATE (3) FINANCE MANAGER: SIGNATURE/DATE (4) CITY ADMINISTRATOR: SIGNATURE/DATE  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Request to Fill Three Firefighter Positions and One Position Over Complement - Chief Steven Lohr Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Filling_of_Firefighter_positions.pdf Memo - Firefighter Positions  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proposed “Holiday Cheer” Grant Program - Kaitlin Bell, Economic Development Specialist, Kitty Clark, Community Events Coordinator, and Rachel Poffenberger, Economic Development Program Assistant Mayor and City Council Action Required: Discussion: Staff will attend the November 10, 2020 Work Session of the Mayor and City Council to introduce drafted applications, guidelines, and requirements for a proposed “Holiday Cheer” grant. Background: Parks and Recreation approached DCED staff with a question regarding the Downtown business owners’ ability/interest to participate in a “Holiday Lights Driving Tour”. Acknowledging that the COVID-19 pandemic has affected all business owners in a variety of different ways, we could not guarantee that there would be a large amount of participation due to a lack of extra funds this year/season. With this intriguing idea of creating a socially distanced and safe way of indulging in holiday fun, and the cancellation of the Christ Kindl Markt and other Main Street events, DCED drafted an idea that would benefit and support our businesses and economic development. DCED proposes creating and administering a grant fund that would provide funds to Main Street district located business owners who would like to participate in lighting up the City with holiday cheer. Goal: One of the goals of this proposed program is to provide Hagerstown business owners with a stress free and exciting opportunity to decorate their shops and invite patrons in for a meal, a purchase, and a closer look. Additionally, a goal is to provide the community an opportunity to safely engage in a holiday event and encourage patrons to walk the streets or drive around to view the creatively decorated storefronts. Voting for the best decorated storefront will be a virtual activity many can participate in whether they walk, drive by, or view the storefront photos on social media. Not only does this program grow the businesses confidence in the City’s support, but it bolsters economic and community development during a year of unprecedented events. Logistics: DCED proposes grant applications be solicited from for-profit and non-profit businesses in the Main Street District until November 25 at 12 p.m. The grants will be used by businesses in the district to aide in increased foot traffic, community engagement, economic development, and of course holiday cheer. Businesses and/or property owners could apply for up to $300 in funding, while consideration for funding up to $900 for multi-tenant buildings would be evaluated on a case by case basis with submittal of a detailed proposal from the property owner. Businesses are also encouraged to correlate their holiday decorating efforts in with local events such as the Downtown City Center Tree Lighting on November 23rd, 2020 and an ongoing Holiday Lights Driving/Walking Tour from November 25 to December 31, 2020. Grant awards are proposed to be first come first serve. Program is proposed to be subject to availability and grants will be awarded up to the total funds available. Financial Impact: The budget for this program would be up to $17,000 from the General Fund Main Street Program line item. This would leave approximately $4,500 in the line item for additional Main Street activities through June 20, 2021. Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description 111020_Holiday_Cheer_Memo_Guidelines.pdf Holiday Cheer Grant Program  CITY OF HAGERSTOWN, MARYLAND Department of Community and Economic Development To: Scott Nicewarner, City Administrator From: Kaitlin Bell, Economic Development Specialist Kitty Clark, Community Events Coordinator Rachel Poffenberger, Economic Development Program Assistant Date: November 3, 2020 RE: Proposed “Holiday Cheer” Grant Program Staff will attend the November 10, 2020 Work Session of the Mayor and City Council to introduce drafted applications, guidelines, and requirements for a proposed “Holiday Cheer” grant. Background: Parks and Recreation approached DCED staff with a question regarding the Downtown business owners’ ability/interest to participate in a “Holiday Lights Driving Tour”. Acknowledging that the COVID-19 pandemic has affected all business owners in a variety of different ways, we could not guarantee that there would be a large amount of participation due to a lack of extra funds this year/season. With this intriguing idea of creating a socially distanced and safe way of indulging in holiday fun, and the cancellation of the Christ Kindl Markt and other Main Street events, DCED drafted an idea that would benefit and support our businesses and economic development. DCED proposes creating and administering a grant fund that would provide funds to Main Street district located business owners who would like to participate in lighting up the City with holiday cheer. Goal: One of the goals of this proposed program is to provide Hagerstown business owners with a stress free and exciting opportunity to decorate their shops and invite patrons in for a meal, a purchase, and a closer look. Additionally, a goal is to provide the community an opportunity to safely engage in a holiday event and encourage patrons to walk the streets or drive around to view the creatively decorated storefronts. Voting for the best decorated storefront will be a virtual activity many can participate in whether they walk, drive by, or view the storefront photos on social media. Not only does this program grow the businesses confidence in the City’s support, but it bolsters economic and community development during a year of unprecedented events. Logistics: DCED proposes grant applications be solicited from for-profit and non-profit businesses in the Main Street District until November 25 at 12 p.m. The grants will be used by businesses in the district to aide in increased foot traffic, community engagement, economic development, and of course holiday cheer. ______________________________________________________________________________ 14 N. Potomac Street, Suite 200A Hagerstown, MD 21740 (301) 739-8577 Ext. 111 Businesses and/or property owners could apply for up to $300 in funding, while consideration for funding up to $900 for multi-tenant buildings would be evaluated on a case by case basis with submittal of a detailed proposal from the property owner. Businesses are also encouraged to correlate their holiday decorating efforts in with local events such as the Downtown City Center Tree Lighting on November 23rd, 2020 and an ongoing Holiday Lights Driving/Walking Tour from November 25 to December 31, 2020. Grant awards are proposed to be first come first serve. Program is proposed to be subject to availability and grants will be awarded up to the total funds available. Attached are the Draft Guidelines and Application Form for the proposed program. Key components of the program include: -Eligible uses are to purchase holiday decorations or services that can be seen and/or heard from the street when patrons walk by, or seen from the road via a vehicle. Indoor decor that cannot be seen/heard within 4 feet of walking by the building will not be applicable. - Examples of decorations/services that can be purchased are Christmas lights, ornaments, window paint, window clings, garland, trees, tinsel, music, light installation services, etc. -All indoor and outdoor decorations must be permitted and in compliance with lease terms provided by your landlord/ building owner and in good standing with City Code. -In order to receive grant reimbursement for purchases, applicants must receive an approval via email and have receipts turned in by December 21st, 2020. The budget for this program would be up to $17,000 from the General Fund Main Street Program line item. This would leave approximately $4,500 in the line item for additional Main Street activities through June 20, 2021. Attachments: Holiday Cheer Grant Requirements and Eligibility Holiday Cheer Grant Applications Holiday Cheer Code Compliance Terms Sheet Itemized Product/Purchase Sheet City of Hagerstown Hold Harmless Agreement Vendor Application & W-9 Main Street District Map c. Jill Thompson, Director DCED  Main Street Hagerstown “Holiday Cheer” Grant Main Street Hagerstown is soliciting grant applications from for-profit and non-profit businesses in the Main Street District (a district map is attached to this application for your reference) until November 25 at 12 p.m. The grants will be used by businesses in the Main Street District to increase foot traffic, community engagement, economic development, and of course holiday cheer. This grant will also be used to support local events such as the Downtown City Center Tree Lighting on November 23rd, 2020 and an ongoing Holiday Lights Driving/Walking Tour from November 25 to December 31, 2020. Requirements: -Eligible uses are to purchase holiday decorations or installation/entertainment services that can be seen and/or heard from the street when patrons walk by, or seen from the road via a vehicle. Indoor decor that cannot be seen/ heard within 4 feet of walking by the building will not be applicable. -Examples of decoration or services that can be purchased are Christmas lights, ornaments, window paint, window clings, garland, trees, tinsel, music, light installation services, etc. -All indoor and outdoor decorations must be permitted and in compliance with lease terms provided by your landlord/ building owner and in good standing with City Code. See attached page 7 for Code Compliance Terms. -Applicants may not include bail bonds businesses, hookah shops, adult bookstores, or other adult businesses or the like. One application per business / property owner. Maximum grant request is up to $300.* *Proposals for up to $900 may be considered on a case by case basis for mult-tenant buildings with more than 5 tenants. The same eligibility requirements apply. (ex. 8 story building with 23 tenants wishes to outline the entire building framework with Christmas lights.) Please fill out the application attached by Wednesday, November 25 at 12 p.m. Grant awards are first come first serve. Program is subject to availability and grants will be awarded up to the total funds available.* Steps to Apply: -Fill out the appropriate application and vendor forms for the grant. -Submit the application before 12 p.m. on Wednesday, November 25, 2020. -If your application is approved, you will receive an email detailing that you are to purchase the product or services mentioned in your application and have them installed by Sunday, December 6. -Submit the receipts/invoices and updated itemized form with actual prices detailed before December 21, 2020. in order to receive the grant funds. Date of each receipt must show the expense occurred after application approval. -The City will then disburse the approved amount when the receipts and invoices are approved. 1  Business / Property owner Application *Required Single Business property owner Business Name/ Property Name*: Contact Name*: Title*: Address*: Phone Number*: Email*: Amount Requested*: (max of $300 for single business or $900 on case by case basis for property owners with detailed proposal.) Is your business located within the Main Street District*? Yes______ No_______ Will you participate* in the following events supported by the grant*? * (decorations up, turn Christmas lights on, etc.) Downtown City Center Tree Lighting on 11/23/2020 at 5 p.m. ? Yes______ No______ Holiday Lights Driving/Walking Tour from 11/25/2020 - 12/30/2020? Yes______ No______ Without this grant, would you have or have been able to decorate for the holidays? (optional) Yes______ No______ Please fill out the attached itemized form for the products or installation/musical services you will be purchasing with the grant funds and the estimated costs associated. In the space below, detail how you feel these funds will help benefit your business and/or the community.* 2 I understand and accept the following terms: -I understand and accept that my business must also be in good standing with the City and State to Receive funding. -I understand and accept that in order to receive grant reimbursement for my purchases I must receive an approval via email and that I must have my receipts turned in by December 21st. -I understand and accept that if any decorations are stolen, broken, or harmed in any way, the product or purchase price will not be reimbursed by Main Street Hagerstown. Authorized Signature*:_______________________________ Date:_______________ Printed Name*: _________________________________ Date:_______________ Please send the completed application, with the attached W-9*, Vendor Forms*, and Hold Harmless Agreement no later than November 25, 2020 at 12 p.m. to the address/email address below. If approved, receipts for approved purchases must be received by December 21, 2020. * *If you have previously received grant funding from the Department of Community and Economic Development you do not need to fill out your W-9 or Vendor Form unless information has changed. Address/Email Address: Department of Community and Economic Development 14 N. Potomac Street, Suite 200A Hagerstown,MD 21740 301-739-8577 ext. 111 Email Address: dced@hagerstownmd.org Subject Line: Holiday Cheer Grant For any questions please contact: Kaitlin Bell, Economic Development Specialist: Kbell@hagerstownmd.org, Kitty Clark, Community Events Coordinator: Kclark@hagerstownmd.org Rachel Poffenberger, Economic Development Program Assistant: Rpoffenberger@hagerstownmd.org 3  Code Compliance Terms The Holidays are a great time to come together and celebrate, but remember, its no fun when someone gets hurt.... even the ones on the naughty list. Follow these code compliance guidelines to ensure fun and festive decorations are installed safely and properly. Additional questions? Contact kbell@hagerstownmd.org or rpoffenberger@ hagerstownmd.org or your local Fire Marshal. Indoor & Outdoor Lighting/Electrical: We don’t want any elves tripping over cords or wires, in order to maintain safe lighting installation: -When using extension cords, do not run the cords through doors or windows, ensure that extension cords are not placed under rugs or highly trafficked areas and make sure you aren’t creating a tripping hazard with the extension cords. -Throw away any frayed or damaged wires, cords, or cables. -Ensure that you are using the proper use (indoor vs. outdoor) and size of extension cords for temporary use during this time period. -Outdoor lighting should be plugged into a GFCI protected outlet. -Follow manufacture’s installation instructions for materials being used. -Ensure that circuits are not overloaded. -All electrical wiring shall be in compliance with Chapter 11 of NFPA 1 Fire Code – Electrical Fire Safety -Use clips, not nails, to hang lights so cords are not damaged. Additional safety measures: To ensure a safe trip around town for Santa and his Reindeer, make sure you follow these guidelines: -All indoor and outdoor decorations must be permitted and in compliance with lease terms provided by your landlord/building owner along with being in good standing with City Code. -Decorations cannot obstruct any exit to include the path to and from an exit. -Exit signs must remain visible and free from coverage by decoration. -Decorations are not to interfere with pedestrian traffic, or create distraction hazards for drivers (ex.strobing, flashing, or rapidly blinking lights). -Outdoor decorations cannot block sidewalk access or inhibit the use of the sidewalk. -Live Christmas trees shall only be used where approved for installation by the Fire Code (NFPA 1) listed on Table 10.13.1.1 and shall be maintained in accordance with NFPA 1, section 10.13.9. -Keep lit candles away from decorations and other flammable items. 7 BUSINESS NAME: Item/Product/Service Requested Estimated Price Actual Price (after approval) Total Price: Total Price:  CITY OF HAGERSTOWN HOLD HARMLESS AGREEMENT Lessee/User: ______________________________________________________ Event/Use: ______________________________________________________ Location: ______________________________________________________ Dates of Use: ______________________________________________________ The Lessee/User agrees that it shall indemnify the City of Hagerstown and hold the City of Hagerstown harmless against any and all fines, suits, claims, demands, expenses, actions, losses, alleged losses, or liabilities of whatsoever nature or kind incurred either directly or indirectly either in law or equity, paid, suffered or incurred as a result of the acts, activities, or omissions of the Lessee/User, its agents, servants, or employees, due to the operation and use of the premises. It is further agreed that the Lessee/User shall in addition to holding the City of Hagerstown harmless from any and all liabilities or damage or injury to both persons and property, occurring as a result of the use of said premises, shall defend The City of Hagerstown at Lessee’s/User’s expense against any and all claims, suits, demands, of whatsoever nature or kind. ______________________________________ Lessee/User Witness: ________________________ ______________________________________ By (Signature and Title) Date: ________________________ ______________________________________ Street ______________________________________ City, State, Zip __________________________________________ Telephone Return to: Kaitlin Bell Department of Community and Economic Development 14 North Potomac St., Suite 200A Hagerstown, MD 21740  Vendor Application Phone 301-739-8577 Fax 301-733-1205 Date:__________________ Vendor Information Employer Identification #/SSN# ______________________ Contractor's License #:_____________________________ Individual Taxpayer Indentification Number (ITIN) __________________________________________________________ (only if you are a Permanent Resident Alien without a Social Security Account No.) Individual or Company Name: __________________________________________________________________________ Legal Name: ________________________________________________________________________________________ (If different from above Individual/Company Name) Address:___________________________________________________________________________________________ City:________________________________________ State: ______________________ Zip:_______________________ Contact Name: _________________________________ Phone: ( ) __________________ Fax:___________________ E-Mail Address: ________________________________ Web Address: _________________________________________ Remit to Address: _______________________________________________________________________________________________ Terms:________________________________________________________________________________________________________ Legal Structure □ Sole Proprietor Independent □ Incorporated □ Limited Liability Company/ □ Non- □ Other_________ Partnership Profit Are you or have you been an employee of the City of Hagerstown? □ Yes □ No References-Provide References of Companies to Whom You Have Supplied Your Goods and/or Services Company Name:___________________________________________ Telephone No.:_____________________________ Location:_________________________________________________ Value $:___________________________________ Company Name:___________________________________________ Telephone No.:_____________________________ Location:_________________________________________________ Value $:__________________________________ Minority Business Enterprise? (If so, please indicate the applicable criteria for your certification as such.) □ Alaskan/Aleut Female □ Black Male □ Hispanic Female □ Alaskan/Aleut Male □ Disabled Female □ Hispanic Male □ American Indian Female □ Disabled Male □ Near Eastern Female □ American Indian Male □ Far Eastern Female □ Near Eastern Male □ Black Female □ Far Eastern Male □ White Female ** Informational purposes only For Purchasing & Materials Management Division Use Only Date Received Date Entered Entered by Vendor Number  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: 36-40 N Potomac Street – Strategy for Filling Current and Future Vacancies - Jonathan Kerns, Community Development Manager Mayor and City Council Action Required: Staff request Mayor & City Council approval on transitioning the property management strategy for filling current and future vacancies at the City-owned 36-40 N Potomac Street property. Discussion: Current Occupancy Status of 36-40 N Potomac Street The 36-40 North Potomac Street mixed-use property contains two commercial units on the first floor and four residential artist live/work apartments on the upper floors. Three of the four residential apartments are currently occupied by tenants selected through the Artist Lofts application process. One first floor commercial space is occupied by Hana Thai Restaurant and the second commercial space has been programmed by the City Department of Community & Economic Development as the Engine Room Art Space. The gallery has held rotating art exhibits by both the resident artists and other community artists. The Engine Room Art Space was closed during the pandemic and has not reopened. This property was recently subject to a purchase agreement contract and planned sale but the buyer, 339 Antietam LLC., opted out of the purchase due to finical feasibility concerns related to the Covid-19 pandemic. With the property now back in the Competitive Negotiated Sale program, staff are proposing a new property management strategy for current and future vacancies. Proposed Strategy for Current and Future Vacancies Existing lease agreements for resident artists include a monthly rent of $500.00 for the 2nd floor efficiency units (approx. 800 square foot) and $450.00 for the 3rd floor efficiency units (approx. 600 square foot). Resident artists are required to provide 5 volunteer hours weekly to staff the gallery space when open. Staff recommend no changes to the payment terms of the existing resident leases. For current and future residential vacancies, staff recommend seeking tenants at market rate rents. Tenants would be selected with standard leasing procedures through an application process and not through an artist qualification process. Based on research of rent rates for comparable apartments, the approximate market rate rent range for the 2nd and 3rd floor efficiency units would be $650 to $725 per month. Staff also recommend exploring possible commercial tenant options for the current art gallery space. This space is approximately 1,500 square feet and if a new commercial occupant is sought, the space could also be rented at a market rate. The current art gallery use is a City program function and it does not generate rent revenue for the property. If the Mayor & City Council direct staff to seek a new tenant for the commercial space and art gallery operations eventually cease, residential artist tenants would no longer be obligated to provide volunteer hours to staff the gallery. Background on 36-40 N Potomac Street In 2011, the City acquired the property located at 36-40 N Potomac Street for creation of Artist Housing. The majority of the property had been vacant for an extended period of time and the existing residential units were substandard. Under City ownership, major renovations commenced in 2012 and were completed in late 2013. The renovations transformed the upper floors into fully renovated artist live work spaces and the vacant retail space into a cooperative art gallery. Since 2014, the property has housed a total of 13 artists and the gallery space has hosted various art exhibits. The majority of the project was funded via Community Development Block Grant (CDBG) funds. Staff will be available during the work session to answer any questions on the proposed changes to the 36-40 N Potomac Street property management strategy. Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description 111020_36-40 N 111020_36-40_N_Potomac_Strategy_for_Vacancies.pdf Potomac_Strategy for Vacancies  CITY OF HAGERSTOWN, MARYLAND Department of Community and Economic Development To: Scott Nicewarner, City Administrator From: Jonathan Kerns, Community Development Manager Date: November 4th, 2020 RE: 36-40 N Potomac Street – Strategy for Filling Current and Future Vacancies Mayor & Council Action Requested Staff request Mayor & City Council approval on transitioning the property management strategy for filling current and future vacancies at the City-owned 36-40 N Potomac Street property. Current Occupancy Status of 36-40 N Potomac Street The 36-40 North Potomac Street mixed-use property contains two commercial units on the first floor and four residential artist live/work apartments on the upper floors. Three of the four residential apartments are currently occupied by tenants selected through the Artist Lofts application process. One first floor commercial space is occupied by Hana Thai Restaurant and the second commercial space has been programmed by the City Department of Community & Economic Development as the Engine Room Art Space. The gallery has held rotating art exhibits by both the resident artists and other community artists. The Engine Room Art Space was closed during the pandemic and has not reopened. This property was recently subject to a purchase agreement contract and planned sale but the buyer, 339 Antietam LLC., opted out of the purchase due to finical feasibility concerns related to the Covid-19 pandemic. With the property now back in the Competitive Negotiated Sale program, staff are proposing a new property management strategy for current and future vacancies. Proposed Strategy for Current and Future Vacancies Existing lease agreements for resident artists include a monthly rent of $500.00 for the 2 nd floor efficiency units (approx. 800 square foot) and $450.00 for the 3 rd floor efficiency units (approx. 600 square foot). Resident artists are required to provide 5 volunteer hours weekly to staff the gallery space when open. Staff recommend no changes to the payment terms of the existing resident leases. For current and future residential vacancies, staff recommend seeking tenants at market rate rents. Tenants would be selected with standard leasing procedures through an application process and not through an artist qualification process. Based on research of rent rates for comparable apartments, the approximate market rate rent range for the 2nd and 3rd floor efficiency units would be $650 to $725 per month. Staff also recommend exploring possible commercial tenant options for the current art gallery space. This space is approximately 1,500 square feet and if a new commercial occupant is sought, the space could also ______________________________________________________________________________ 14 N. Potomac Street, Suite 200A Hagerstown, MD 21740 (301) 739-8577 Ext. 111 be rented at a market rate. The current art gallery use is a City program function and it does not generate rent revenue for the property. If the Mayor & City Council direct staff to seek a new tenant for the commercial space and art gallery operations eventually cease, residential artist tenants would no longer be obligated to provide volunteer hours to staff the gallery. Background on 36-40 N Potomac Street In 2011, the City acquired the property located at 36-40 N Potomac Street for creation of Artist Housing. The majority of the property had been vacant for an extended period of time and the existing residential units were substandard. Under City ownership, major renovations commenced in 2012 and were completed in late 2013. The renovations transformed the upper floors into fully renovated artist live work spaces and the vacant retail space into a cooperative art gallery. Since 2014, the property has housed a total of 13 artists and the gallery space has hosted various art exhibits. The majority of the project was funded via Community Development Block Grant (CDBG) funds. Staff will be available during the work session to answer any questions on the proposed changes to the 36- 40 N Potomac Street property management strategy. c. Jill Thompson, Director DCED Michelle Hepburn, Director of Finance  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: CDBG Amendment for Capital Improvement Project Funding Transfers - Jonathan Kerns, Community Development Manager, and Rodney Tissue, City Engineer Mayor and City Council Action Required: Staff request Mayor & City Council approval to amend the Community Development Block Grant (CDBG) Action Plan. The amendment is required for reallocation of CDBG funding for in-progress and upcoming CDBG funded capital improvement projects. The proposed amendment will reallocate additional CDBG funding to two planned projects: Handicap Accessibility Ramps and Mitchell Avenue Signal/Underpass Improvements. Discussion: Proposed Reallocation of CDBG CIP Funding The Mitchell Avenue Signal/Underpass Improvement project is a FY20 CIP with a previously approved CDBG allocation of $150,000. The Handicap Accessibility Ramp project is a FY21 CIP with a previously approved CDBG allocation of $100,000. Utilizing $50,000 of available CDBG CIP funding, proposed reallocations would be as follows: · Mitchell Avenue Signal Project – CDBG Funding increased from $150,000 to $180,000. This increase is necessary due to project costs being higher than anticipated. Sealed bidding was completed in October and the additional $30,000 in CDBG funding will be needed to complete the project. · Handicap Accessibility Ramps Project - CDBG Funding increased from $100,000 to $120,000. The additional $20,000 in CDBG funding allows $20,000 of State Highway User Revenue funding originally budgeted for this project to be reallocated for alley reconstruction (HUR funding transfer already approved by Mayor & City Council). The Handicap Accessibility Ramps project is currently in progress and completion of the contract is expected in the coming weeks (final payment estimate has been processed and would result in total contract amount of $120,700). The Mitchell Avenue Signal/Underpass project contract is scheduled for November 17th Regular Session approval and is expected to break ground in late 2020. The available $50,000 of CDBG funding is to be sourced from the City Park Asphalt Paths Paving capital improvement project. This project was originally approved to use $50,000 of CDBG funding and contract approval occurred in April of this year. After contract approval, staff discovered a CDBG eligibility concern requiring the City Park Path Paving project to use non- CDBG funding sources. The eligibly concern was related to the CDBG Environmental Review process requirements and timing of the project’s sealed bid. Next Steps Amending the CDBG Action Plan involves routine processes typically handled by staff and this includes a public notice and 30 day citizen comment period. The amendment for this current case will also require Mayor & City Council approval since the City Park Path Paving project is removed from the CDBG Action Plan and now funded with non-CDBG funds. It should be noted the initial public notice for the planned reallocation amendment reflected a reallocation of all $50,000 of CDBG funds from the City Park Paths Paving project to the Handicap Accessibility Ramp project. After the public notice was advertised in mid- October, the Mitchell Avenue Signal/Underpass Project bid opening occurred and the Engineering Department‘s CDBG funding priority shifted from the Accessibility Ramps project to the Mitchell Avenue Signal project. Based on the City’s CDBG Citizen Participation Plan requirements, the Mayor & City Council are authorized to approve the amendment as advertised and to subsequently approve the final funding amounts of $180,000 for Mitchell Avenue Signal project and $120,000 for the Handicap Accessibility Ramps project. Approval of the CDBG amendment is scheduled for the November 17th Regular Session. Staff will be available to answer any questions or concerns on the proposed reallocations described above. Financial Impact: Recommendation: Motion: Action Dates: Approval of the CDBG amendment is scheduled for the November 17th Regular Session. ATTACHMENTS: File Name Description 111020_CDBG_Amendment_CIP_Reallocation.pdf 111020_CDBG_CIP Reallocation  CITY OF HAGERSTOWN, MARYLAND Department of Community and Economic Development To: Scott Nicewarner, City Administrator From: Jonathan Kerns, Community Development Manager Rodney Tissue, City Engineer Date: November 4, 2020 RE: CDBG Amendment for Capital Improvement Project Funding Transfers Mayor & Council Action Requested: Staff request Mayor & City Council approval to amend the Community Development Block Grant (CDBG) Action Plan. The amendment is required for reallocation of CDBG funding for in-progress and upcoming CDBG funded capital improvement projects. The proposed amendment will reallocate additional CDBG funding to two planned projects: Handicap Accessibility Ramps and Mitchell Avenue Signal/Underpass Improvements. Proposed Reallocation of CDBG CIP Funding The Mitchell Avenue Signal/Underpass Improvement project is a FY20 CIP with a previously approved CDBG allocation of $150,000. The Handicap Accessibility Ramp project is a FY21 CIP with a previously approved CDBG allocation of $100,000. Utilizing $50,000 of available CDBG CIP funding, proposed reallocations would be as follows:  Mitchell Avenue Signal Project – CDBG Funding increased from $150,000 to $180,000. This increase is necessary due to project costs being higher than anticipated. Sealed bidding was completed in October and the additional $30,000 in CDBG funding will be needed to complete the project.  Handicap Accessibility Ramps Project - CDBG Funding increased from $100,000 to $120,000. The additional $20,000 in CDBG funding allows $20,000 of State Highway User Revenue funding originally budgeted for this project to be reallocated for alley reconstruction (HUR funding transfer already approved by Mayor & City Council). The Handicap Accessibility Ramps project is currently in progress and completion of the contract is expected in the coming weeks (final payment estimate has been processed and would result in total contract amount of $120,700). The Mitchell Avenue Signal/Underpass project contract is scheduled for November 17th Regular Session approval and is expected to break ground in late 2020. The available $50,000 of CDBG funding is to be sourced from the City Park Asphalt Paths Paving capital improvement project. This project was originally approved to use $50,000 of CDBG funding and contract approval occurred in April of this year. After contract approval, staff discovered a CDBG eligibility concern requiring the City Park Path Paving project to use non-CDBG funding sources. The eligibly ______________________________________________________________________________ 14 N. Potomac Street, Suite 200A Hagerstown, MD 21740 (301) 739-8577 Ext. 111 concern was related to the CDBG Environmental Review process requirements and timing of the project’s sealed bid. Next Steps Amending the CDBG Action Plan involves routine processes typically handled by staff and this includes a public notice and 30 day citizen comment period. The amendment for this current case will also require Mayor & City Council approval since the City Park Path Paving project is removed from the CDBG Action Plan and now funded with non-CDBG funds. It should be noted the initial public notice for the planned reallocation amendment reflected a reallocation of all $50,000 of CDBG funds from the City Park Paths Paving project to the Handicap Accessibility Ramp project. After the public notice was advertised in mid-October, the Mitchell Avenue Signal/Underpass Project bid opening occurred and the Engineering Department‘s CDBG funding priority shifted from the Accessibility Ramps project to the Mitchell Avenue Signal project. Based on the City’s CDBG Citizen Participation Plan requirements, the Mayor & City Council are authorized to approve the amendment as advertised and to subsequently approve the final funding amounts of $180,000 for Mitchell Avenue Signal project and $120,000 for the Handicap Accessibility Ramps project. Approval of the CDBG amendment is scheduled for the November 17th Regular Session. Staff will be available to answer any questions or concerns on the proposed reallocations described above. Attachments: Motion and Amendment for $50,000 CDBG funding reallocation for CIP c. Jill Thompson, Director of Community and Economic Development Michelle Hepburn, Director of Finance  REQUIRED MOTION MAYOR & CITY COUNCIL HAGERSTOWN, MARYLAND November 17, 2020 TOPIC: Amendments to FY20 and FY21 Community Development Block Grant (CDBG) Annual Action Plans – CIP Funding Reallocation Charter Amendment Code Amendment Ordinance Resolution Other X MOTION: I hereby move for the Mayor and City Council to amend the FY20 and FY21 Community Development Block Grant Annual Action Plans in order to reallocate $50,000 of available CDBG funding for capital improvement projects based on the attached Action Plan amendment details. Final allocation of this funding will result in $30,000 of additional CDBG funding for the FY20 Mitchell Avenue Signal project and $20,000 of additional CDBG funding for the FY21 Handicap Accessibility Ramps project. DATE OF INTRODUCTION: 11/17/2020 DATE OF PASSAGE: 11/17/2020 EFFECTIVE DATE: 11/17/2020  CITY OF HAGERSTOWN, MARYLAND AMENDMENT TO FY20 AND FY21 ANNUAL ACTION PLANS FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS Reprogramming CDBG Funding to Existing FY21 CDBG Activity: In Fiscal Year 2021, the City of Hagerstown proposes to reprogram $50,000 of CDBG funding to an existing FY21 CDBG Activity: FY21 Handicap Accessibility Ramps The original FY21 CDBG Action Plan included $100,000 of CDBG funding for Handicap Accessibility Ramp activity. This proposed amendment will add an additional $50,000 of CDBG funding to this activity for a total funding amount of $150,000. Reprogrammed funding will be sourced from the following activities:  $30,000 from FY20 ADA Park Paths (Activity to be cancelled in the CDBG Action Plan and project will continue with funding from non-CDBG sources)  $20,000 from FY19 ADA Compliant Bleachers for Parks (Initially funded at $70,000 and project completed with $20,000 remaining) The Mayor & City Council are authorized to enact the above amendment plan and can further authorize $30,000 of this CDBG funding to be reallocated to the Mitchell Avenue Signal Project. This is permissible based on the City’s CDBG Citizen Participation Plan when CDBG funding transfer occurs between existing CDBG activities and less than 50% of the activity budgets are impacted.