Work Session

Mayor and Council Executive Session, Work Session, and Special Session (24th Voting Session) November 2, 2021 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" The agenda and meeting packet is available at www.hagerstownmd.org/government/agenda ********************************************************************************************** “Unity is strength…when there is teamwork and collaboration, wonderful things can be achieved.” – Mattie Stepanek ********************************************************************************************** 2:30 PM The Mayor and Council will meet in Open Session only for the purpose of voting to close its meeting to discuss matters that the Open Meetings Act permits it to discuss in Executive/Closed Session. EXECUTIVE SESSION 2:30 PM 1. EXECUTIVE SESSION 4:00 PM WORK SESSION 1. Proclamation - Municipal Government Works Week 4:05 PM 2. Discussion with Downtown Baseball Representatives - Blackie Bowen, Don Bowman, Frank Boulton, and Jim Holzapfel 4:25 PM 3. Neighborhood Protection - Removal of Snow from Public Sidewalks - Paul Fulk, Neighborhood Services Manager 4:40 PM 4. Hagerstown Police Department - Amendment of Starting Salary and Incentives and Bonuses Presentation - Paul "Joey" Kifer, Police Chief 5:10 PM 5. Strategic Plan Presentation - Mayor Emily Keller SPECIAL SESSION 1. Introduction of an Ordinance: Approve Termination of Agreement with Antietam Fire Company, Inc. and to Forgive the Balance of Payments Due to the City under the Agreement 2. Introduction of an Ordinance: Approving Donation of Real Property to Antietam Fire Company, Inc. 3. Approval of Starting Salary Increase for AFSCME 3373 4. Approval of an Increase in Incentives and Bonuses for Officers of the Hagerstown Police Department CITY ADMINISTRATOR'S COMMENTS MAYOR AND COUNCIL COMMENTS ADJOURN  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: The Mayor and Council will meet in Open Session only for the purpose of voting to close its meeting to discuss matters that the Open Meetings Act permits it to discuss in Executive/Closed Session. Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: EXECUTIVE SESSION Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description November_2__2021_Executive_Session.pdf Executive Session Agenda  EXECUTIVE SESSION MAYOR & CITY COUNCIL NOVEMBER 2, 2021 AGENDA 2:30 p.m. EXECUTIVE SESSION 1. To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; (#4) *Two Business Proposals 2. To consult with counsel to obtain legal advice; (#7) *Legal advice on terms for a contract, two proposed easements, and general consultation *AUTHORITY: Annotated Code of Maryland, General Provisions Article: Section 3-305(b) (Subsection is noted in parentheses) City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, MD 21740 301.739.8577, Ext. 113 • Telephone for the Hearing Impaired 301.797.6617  CITY OF HAGERSTOWN, MARYLAND PUBLIC BODY: Mayor & City Council DATE: November 2, 2021 PLACE: Room 407, 4th floor, City Hall TIME: 2:30 p.m. AUTHORITY: ANNOTATED CODE OF MARYLAND, GENERAL PROVISIONS ARTICLE: Section 3-305(b): 1. To discuss: [ ] (i) the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation or performance evaluation of appointees, employees, or officials over whom it has jurisdiction; or [ ] (ii) any other personnel matter that affects one or more specific individuals; [ ] 2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business; [ ] 3. To consider the acquisition of real property for a public purpose and matters directly related thereto; [X] 4. To consider a matter that concerns the proposal for a business or industrial organization to locate, expand, or remain in the State; [ ] 5. To consider the investment of public funds; [ ] 6. To consider the marketing of public securities; [X] 7. To consult with counsel to obtain legal advice; [ ] 8. To consult with staff, consultants, or other individuals about pending or potential litigation; [ ] 9. To conduct collective bargaining negotiations or consider matters that relate to the negotiations; [ ] 10. To discuss public security, if the public body determines that public discussions would constitute a risk to the public or public security, including: (i) the deployment of fire and police services and staff; and (ii) the development and implementation of emergency plans; [ ] 11. To prepare, administer or grade a scholastic, licensing, or qualifying examination; [ ] 12. To conduct or discuss an investigative proceeding on actual or possible criminal conduct; or [ ] 13. To comply with a specific constitutional, statutory, or judicially imposed requirement that prevents public disclosures about a particular proceeding or matter; or [ ] 14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process. [ ] 15. Administrative Function EXECUTIVE SESSION AGENDA City Hall • Council Chamber • 1 East Franklin Street • Hagerstown, MD 21740 301.739.8577, Ext. 113 • Telephone for the Hearing Impaired 301.797.6617  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Proclamation - Municipal Government Works Week Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates:  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Discussion with Downtown Baseball Representatives - Blackie Bowen, Don Bowman, Frank Boulton, and Jim Holzapfel Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Letter_from_Downtown_Baseball_LLC_-_10-25-21.pdf Letter from Downtown Baseball, LLC  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Neighborhood Protection - Removal of Snow from Public Sidewalks - Paul Fulk, Neighborhood Services Manager Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description 2021_Snow_and_Ice_Abatement_Update.pdf PCAD Update on Snow and Ice Abatement  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Hagerstown Police Department - Amendment of Starting Salary and Incentives and Bonuses Presentation - Paul "Joey" Kifer, Police Chief Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description HPD_-_Amendment_of_Starting_Salary.pdf Memo - Starting Salary Increase HPD_-_Incentives_and_Bonuses.pdf Memo - Increase in Incentives and Bonuses Police_Incentives_Council_Presentation.pdf Power Point  Hagerstown Police Department Police Incentives Z: Chaney\October 2021 Police Incentives  Current Staffing Hagerstown Police Department DATE: Monday, November 1, 2021 Authorized Funding Present Vacancies Chief 1 1 0 Captain 2 2 0 Lieutenant 5 5 0 Sergeant 17 15 -2 Detectives, Agents & Officers 72 56 -16 Recruits 0 9 9 Cadets 0 0 0 TOTAL 97 88 -9 Authorized Present Vacancies Civilian (FT) 16 13 -3 Civilian (PT) 12 10 -2 TOTAL 28 23 -5 Z: Chaney\October 2021 Police Incentives  HPD Hiring and Attrition Z: Chaney\October 2021 Police Incentives  Increase Starting Pay
HPD starting pay is falling increasingly behind that of other departments in the area.
In early October, we presented an offer to AFSCME Local 3373 that increased the starting pay from $40,106.56 to $46,700.00 (same as a step 2 officer)
On October 25th we were notified that 3373 membership accepted this proposal.
This change will benefit 11 current HPD officers and newly hired officers.
The FY22 costs can be absorbed within the department’s existing budget. (Estimated impact $45K) Z: Chaney\October 2021 Police Incentives  HPD Housing Incentive
Current Program - The city currently offers a $100 - $300 monthly housing incentive (depending on location) to any police officer and trainee living within the city limits. HPD currently has 5 officers participating in this program.
Proposal - I’m seeking approval to increase the monthly housing allowance to $300 - $500 (depending on location). As the Chief of Police, I would like to see an increase in the number of police officers living within the city limits.
Working together - We are currently working with the Department of Community and Economic Development & Planning and Code to establish a list of landlords who are interested in having a police officer residing in one of their properties. This list will be provided to current employees and new employees.
Funding – Funds currently allocated for “House Allowance” in the FY22 budget can support a 60% increase (3 additional officers) residing within the city. If additional funds become necessary, we will reallocate them from our current budget. Z: Chaney\October 2021 Police Incentives Z: Chaney\October 2021 Police Incentives  Increase Bonus for Lateral & Comparative Compliance Applicants Vacancy 1 Vacancy 2 Vacancy 3 Maryland Certified Certified New Police Status Police Officer Comparative Officer (Lateral) Compliance Hired Date 11/1/2021 11/1/2021 11/1/2021 Academy Training 26 weeks O weeks 5 weeks Field Training 16 weeks 4 weeks 16 weeks Total Training Weeks 42 4 21 Salary Cost during TRN $37,719 $3,592 $18,860 Back Fill Overtime Hour 1680 160 840 Backfill Overtime $56,579 $5,388 $28,289 Bonus Monies $0 $20,000 $10,000 Estimated Cost Prior to $94,298 $28,981 $57,149 being Operational Z: Chaney\October 2021 Police Incentives  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Strategic Plan Presentation - Mayor Emily Keller Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Strategic_Plan_2021-2024.pdf Strategic Plan  City of Hagerstown - Strategic Plan 2021-2024 Vision Statement The City of Hagerstown will inspire an inclusive, business-friendly, and sustainable community with clean, safe and vibrant neighborhoods. Mission Statement The City of Hagerstown shall be a community focused municipality. Focus Area Focus Area Focus Area Focus Area NEIGHBORHOODS REVITALIZATION & PUBLIC SAFETY PUBLIC FACILITIES AND ECONOMIC DEVELOPMENT SUSTAINABILTY INFRASTRUCTURE Goal Statement Goal Statement Goal Statement Goal Statement The citizens of Hagerstown will experience a The City of Hagerstown ensures that all who The City of Hagerstown will maintain quality The City of Hagerstown will continue to grow a high quality of life. live, work, and play in the City of Hagerstown services and infrastructure that support diverse, business-friendly economy that will be healthy and safe. residents and businesses in a cost-effective supports the community's needs. manner. Objectives Objectives Objectives Objectives • Identify and prioritize blighted • Support the manpower and capital • Planning for construction of a third • Implement the Community's City structures and rehabilitation of these needs of the City Police, Fire, Code parking and incorporate new Center Plan to promote economic parcels to allow placement back on the and Public Works Departments. technologies that provide and promote development and strong real property tax roll. • Focus attention and resources to a more customer-oriented parking neighborhoods • Sustaining and improving Planning, recruitment and retention in the experience throughout the City owned • Review of Pre-annexation Code and Zoning policies and laws for Police Department. parking facilities and lots. agreements and continue to explore continued neighborhood protections. • Sustain a focus for the City Fire • Implementation of Stormwater new possibilities for annexation • Promote neighborhood-based System and the all hazards mission. Restoration Plan and continually review opportunities. services and citizen engagement by fee structure. • Continued marketing of City owned • Work with State delegation and defining neighborhood boundaries and community stakeholders to develop • Support current improvement plan to properties to the private sector and identities and also by expanding legislation and programs to address the Breichner Water Plant, Edgemont attracting tenants to available space Neighborhoods 1st programming. gangs, violence, drug activity and Reservoir and surrounding watershed in City-owned property and managing • Continue to improve conditions in juvenile crimes. Invest in Youth properties. lease agreements and lease neighborhoods by working with Violence Prevention Initiative • Using the data from an updated street renewals. owners, tenants and investors utilizing • Continue focus on the opioid Pavement Condition Survey, make • Business Retention, Expansion and the Rental Facilities and Vacant epidemic through collaborating with future pavement maintenance Attraction. Structures programs. community stakeholders and through decisions. • Continued administration of • Promote neighborhoods that the continuing opioid litigation. • Support MML 2022 Legislative priority incentive programs including the demonstrate community pride on a • Explore 24-Crisis Center in to restore HUR permanently Invest Hagerstown Grant. regular basis partnership with hospital, health • Ensure sustainability of our • Engage in an updated community • Develop partnerships to create a department, other partners water/wastewater distribution and apply center city plan public housing plan and diversify industry best management practices. housing balance • Reserve capacity of water/wastewater •Targeted Community Revitalization  City of Hagerstown - Strategic Plan 2021-2024 Vision Statement The City of Hagerstown will inspire an inclusive, business-friendly, and sustainable community with clean, safe and vibrant neighborhoods. Mission Statement The City of Hagerstown shall be a community focused municipality. Focus Area Focus Area Focus Area Focus Area FISCAL ACCOUNTABILITY PARKS & RECREATION FOR INNOVATIVE/ PROGRESSIVE CITIZEN-BASED GOVERNMENT ACTIVE/HEALTHY LIVING GOVERNMENT Goal Statement Goal Statement Goal Statement Goal Statement The City of Hagerstown is an ethical and The City of Hagerstown will strive for continuous The City of Hagerstown supports a culturally The City of Hagerstown is committed to financially responsible government. improvement of fiscally responsible decision vibrant community. employee development, excellence in services, making. and adapting to meet the needs of the community and the organization. Objectives Objectives Objectives Objectives • Grow assessable base (see • Construct a Splash Pad.. • High focus on Customer Service • Promote awareness and Neighborhood Revitalization & • Continue to develop and expand innovations to enhance the customer understanding of the City's finances Sustainability). programs through the Parks & service experience. through accessible and easy-to-use data presentations. • Promote improvements to the State tax Recreation Division to increase • Full Service / 24 hour access to City assessment and appeals process. active, healthy living for our citizens. services through implementation of a • Continue to support the Main Street • Continue to develop programs that customer kiosk in the Downtown area. Program and those volunteer groups. • Continue to strive for the most efficient management of departmental resources add public art throughout City • Provide ability for application for all • Grow a foundation of active and and expense controls. neighborhoods, parks and public types of City permits online, 24x7 engaged residents to serve on gathering places on an annual basis. access. various City boards and • Evaluate the future structure and commissions. delivery of City services within the •Create a public art wall and invest • Charter and City Code amendment availability of our community's financial in community murals review. (Possible creation of Ad-Hoc • Improve access to City website resources and in response to the needs • Make public space inviting and a committee). information for mobile device users. of Hagerstown's citizens and focal point • Human Resource technology focus on • Create text message opportunities businesses. • Wheaton Park Improvement Plan ways to automate or streamline routine to promote events, meetings and • Continued review of Fiscal policies and tasks important alerts • Support public art commission make recommendations for any • Support and explore energy • Continue and enhance Hagerstown • Grow interconnected pedestrian changes. sustainability options Youth Council walkability • Continue work on the Utility Rate • Support A&E Committee structures for Water, Wastewater and Stormwater. •Address staffing in all departments including competitive salary.  City of Hagerstown - Strategic Plan 2021-2024 Vision Statement The City of Hagerstown will inspire an inclusive, business-friendly, and sustainable community with clean, safe and vibrant neighborhoods. Mission Statement The City of Hagerstown shall be a community focused municipality. Focus Area Focus Area Focus Area COMMUNITY PROMOTION / PRIDE ECONOMIC DEVELOPMENT THROUGH MISC PROJECTS, GOALS AND SPORTS AND TOURISM LEGISLATIVE PRIORITIES Goal Statement Goal Statement Goal Statement The City of Hagerstown will improve our . The City of Hagerstown will be creative and The City of Hagerstown takes a creative Community Image. diversify opportunities for Economic approach at finding solutions. Development through nontraditional means. Objectives Objectives Objectives • Creation of an Image/Marketing • Indoor Sportsplex RFP and • Enhance community partnerships to Plan development by 2023 including help address homeless issues • Taking image management and property acquisition for including housing crisis, mental health enhancement messaging outside of redevelopment. and lack of year round shelter Hagerstown and Washington County. • Amphitheater exploration and RFP • Work to address food deserts • Utilize all means of media outlets • Finish Skateboard Park by 2022 • Expand Bridge to Change Program and partners to promote our • Support and expand opportunities at by working with other organizations messaging including our own studio existing recreation facilities. and help of organizations such as • Solutions based meetings approach MML, trade shows, professional • Expand “Operation Take Back” conferences, Chamber etc. approach • City hosted block parties, diversity • Neon Light Project and other “light events, and other inclusive, unique up” promotions opportunities • Find solution for tax differential and • City hosted Neighborhood Clean up fair fire funding or consider pulling Events resources • Development of Mayoral • Address long term MRGA Ambassador Program across all water/wastewater plan communities outside of N1 program • Public Restrooms • Host public meetings in the community  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Introduction of an Ordinance: Approve Termination of Agreement with Antietam Fire Company, Inc. and to Forgive the Balance of Payments Due to the City under the Agreement Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_Ordinance_- Ordinance - Terminating _Termination_of_Agreement_with_Antietam_Fire.pdf Agreement with Antietam Fire Company  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: November 2, 2021 TOPIC: Introduction of an Ordinance: Approve Termination of Agreement with Antietam Fire Company, Inc. and to Forgive the Balance of Payments Due to the City under the Agreement Charter Amendment Code Amendment Ordinance X Resolution Other MOTION: I hereby move to introduce an ordinance authorizing the termination of an agreement with Antietam Fire Company, Inc., (Antietam) dated June 1, 2011, by which Antietam leases the property at 790-800 Potomac Avenue, Hagerstown, Maryland from the City of Hagerstown. Antietam leases the property for the sum of $ 2,592.62 per month, with a term of thirty years. This ordinance terminates the agreement and the City will forgive the balance of the rental payments due and owing under the agreement. The balance of $ 451,070.07 is hereby forgiven. The funding to cover this forgiveness will be a transfer to Property Management from the Economic Redevelopment Incentive line item or GF Fund Balance Reserves. By separate ordinance, the City shall donate the property to Antietam for its continued use as a volunteer fire station. DATE OF INTRODUCTION: November 2, 2021 DATE OF PASSAGE: November 23, 2021 EFFECTIVE DATE: December 24, 2021  CITY OF HAGERSTOWN, MARYLAND AN ORDINANCE TO APPROVE THE TERMINATION OF AN AGREEMENT WITH ANTIETAM FIRE COMPANY, INC., DATED JUNE 1, 2011, AND TO FORGIVE THE BALANCE OF PAYMENTS DUE TO THE CITY UNDER SAID AGREEMENT RECITALS WHEREAS, the City of Hagerstown, a Maryland Municipal Corporation, (“the City”) is the owner of certain improved real property located at 790-800 Potomac Avenue in Hagerstown, Washington County, Maryland which presently serves as the location of a volunteer fire station operated by Antietam Fire Company, Inc. (“Antietam”), and which the City desires to donate to the Antietam; and WHEREAS, the Property is subject to an Agreement dated June 1, 2011, by which Antietam leases the Property from the City for the sum of $2592.62 per month for a term of thirty (30) years (“the Agreement”); and WHEREAS, by separate Ordinance, the City shall donate the Property to Antietam for its continued use as a volunteer fire station, subject to a right of first refusal to the City, should Antietam ever elect to sell the parking lot located on the Property on Manilla Avenue; WHEREAS, upon the effective date of this Ordinance, the Parties shall terminate the Agreement, and the City shall forgive the balance of the rental payments due and owing under the Agreement; and WHEREAS, the Mayor and Council believe that the termination of the Agreement would benefit the citizens; and WHEREAS the Mayor and Council believe it to be in the best interest of the citizens of the City of Hagerstown to donate the Property to Antietam for no monetary consideration but for other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the City; NOW THERFORE, BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Council of the City of Hagerstown, Maryland, as its duly constituted legislative body, as follows: 1. That the aforegoing Recitals be and are hereby incorporated herein as if set forth verbatim. 2. That the termination of the June 1, 2011 Agreement with Antietam Fire Company be and is hereby TERMINATED. 1  3. That the balance of rental payments due and owing to the City, as of the introduction of this Ordinance, namely FOUR HUNDRED FIFTY-ONE THOUSAND SEVENTY DOLLARS and 07/100 CENTS ($451,070.07), be and is hereby forgiven. 4. That City Staff be and are hereby authorized to execute and deliver any additional documentation and take any additional steps necessary to effectuate the purpose of this ordinance and satisfy the terms of thereof. BE IT FURTHER RESOLVED, ENACTED AND ORDAINED THAT this ordinance shall become effective at the expiration of thirty (30) calendar days following its approval. WITNESS AND ATTEST MAYOR AND COUNCIL OF THE AS TO CORPORATE SEAL CITY OF HAGERSTOWN, MARYLAND ________________________________ _____________________________ Donna K. Spickler, Emily N. Keller, Mayor City Clerk Date of Introduction: November 2, 2021 PREPARED BY: Date of Passage: November 23, 2021 SALVATORE & MORTON, LLC Effective Date: December 24, 2021 CITY ATTORNEYS 2  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Introduction of an Ordinance: Approving Donation of Real Property to Antietam Fire Company, Inc. Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_Ordinance_- Motion - Ordinance - _Donation_of_Property_to_Antietam_Fire_Company.pdf Donation of Property to Antietam Fire Company  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: November 2, 2021 TOPIC: Introduction of an Ordinance: Approving Donation of Real Property to Antietam Fire Company, Inc. Charter Amendment Code Amendment Ordinance X Resolution Other MOTION: I hereby move to introduce an ordinance to approve an Agreement of Donation to donate the real property at 790-800 Potomac Avenue to Antietam Fire Company, Inc., (Antietam) per the June 1, 2011 agreement with Antietam. The Agreement of Donation is subject to a right of first refusal to the City, should Antietam ever elect to sell the parking lot located on the property on Manilla Avenue. The Mayor and City staff are hereby authorized to execute and deliver the Agreement of Donation and any additional documentation for this action. DATE OF INTRODUCTION: November 2, 2021 DATE OF PASSAGE: November 23, 2021 EFFECTIVE DATE: December 24, 2021  CITY OF HAGERSTOWN, MARYLAND AN ORDINANCE TO APPROVE THE DONATION OF IMPROVED REAL PROPERTY TO ANTIETAM FIRE COMPANY, INC., AND CURRENTLY SERVING AS A VOLUNTEER FIRE STATION IN HAGERSTOWN, MARYLAND RECITALS WHEREAS, the City of Hagerstown, a Maryland Municipal Corporation, (“the City”) is the owner of certain improved real property located at 790-800 Potomac Avenue in Hagerstown, Washington County, Maryland which presently serves as the location of a volunteer fire station operated by Antietam Fire Company, Inc. (“Antietam”), and which the City desires to donate to the Antietam; and WHEREAS, the Property is subject to an Agreement dated June 1, 2011, by which Antietam leases the Property from the City for the sum of $2592.62 per month for a term of thirty (30) years; and WHEREAS, by separate Ordinance, the Parties shall terminate the Agreement, and the City shall forgive the balance of the rental payments due and owing under the Agreement; and WHEREAS, the Donee wishes to accept land for improvement and continued use as a volunteer fire station; WHEREAS, the Agreement of Donation, attached hereto and incorporated herein, will be subject to a right of first refusal to the City, should Antietam ever elect to sell the parking lot located on the Property on Manilla Avenue; WHEREAS, the introduction of this Ordinance shall constitute the twenty (20)-day notice of the proposed transfer as required by law; and WHEREAS, the Mayor and Council believe that the donation of the Property would benefit the citizens; and WHEREAS the Mayor and Council believe it to be in the best interest of the citizens of the City of Hagerstown to donate the Property to Antietam for no monetary consideration; NOW THERFORE, BE IT RESOLVED, ENACTED AND ORDAINED by the Mayor and Council of the City of Hagerstown, Maryland, as its duly constituted legislative body, as follows: 1  1. That the aforegoing Recitals be and are hereby incorporated herein as if set forth verbatim. 2. That the donation of the Property to Antietam Fire Company be and is hereby approved. 3. That the Mayor be and is hereby authorized to execute and deliver the Agreement of Donation with Antietam Fire Company, Inc., a copy of which is attached hereto and incorporated herein by reference. 4. That City Staff be and are hereby authorized to execute and deliver any additional documentation and take any additional steps necessary to effectuate the purpose of this ordinance and satisfy the terms of the aforesaid conveyance. BE IT FURTHER RESOLVED, ENACTED AND ORDAINED THAT this ordinance shall become effective at the expiration of thirty (30) calendar days following its approval. WITNESS AND ATTEST MAYOR AND COUNCIL OF THE AS TO CORPORATE SEAL CITY OF HAGERSTOWN, MARYLAND ________________________________ _____________________________ Donna K. Spickler, Emily N. Keller, Mayor City Clerk Date of Introduction: November 2, 2021 PREPARED BY: Date of Passage: November 23, 2021 SALVATORE & MORTON, LLC Effective Date: December 24, 2021 CITY ATTORNEYS 2  AGREEMENT OF DONATION THIS AGREEMENT OF DONATION (“Agreement”) is made this ___ day of , 2021, by and between The City of Hagerstown, a Maryland Municipal Corporation (hereinafter "Donor" or “City”), and Antietam Fire Company, Inc. (hereinafter "Donee" or “Antietam”). WHEREAS, the Donor is the owner of certain real property located at 790-800 Potomac Avenue in Hagerstown, Washington County, Maryland which presently serves as the location of a volunteer fire station operated by Antietam (“the Property”), and which the City desires to donate to the Antietam; and WHEREAS, the Property is subject to an Agreement dated June 1, 2011, by which Antietam leases the Property from the City for the sum of $2592.62 per month for a term of thirty (30) years; and WHEREAS, by separate Ordinance, the Parties shall terminate the Agreement, and the City shall forgive the balance of the rental payments due and owing under the Agreement; and WHEREAS, the Donee wishes to accept land for improvement and continued use as a volunteer fire station; WHEREAS, the Agreement will be subject to a right of first refusal to the City, should Antietam ever elect to sell the parking lot located on the Property on Manilla Avenue; NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That the Donor, in consideration of the covenants hereinafter entered into by the Donee, agrees to donate and does donate to the Donee, and the Donee agrees to accept and does accept, subject to the terms and conditions hereinafter set forth, all the following described property, situate in the City of Hagerstown, Washington County, Maryland, Election District No. 21, and being more particularly described as follows: PARCEL NO. 1: Situated near East Hagerstown Station on the Western Maryland Railway in Hagerstown, in Washington County, in the State of Maryland, and being designated as Lots No. 16 and 17 on the Plat of Lots of East Park Addition to Hagerstown, which is recorded in the Plat Records in the Office of the Clerk of the Circuit Court of Washington County at folios 7 and 45, said lots being contiguous to each other and fronting in the aggregate 100 feet, more or less, on the East side of Potomac Avenue, and running back with that uniform width a distance of 200 feet to an alley, Lot No. 17 being bounded on the south by Manilla s laid out on said plat, and Lot No. 16 being bounded on the south by Lot No. 17. SUBJECT, HOWEVER, TO THE BUILDING LINE ESTABLISHED AND LAID DOWN ON SAID PLAT ALONG THE EAST SIDE OF POTOMAC AVENUE. PARCEL NO. 2: Beginning for the same at a point, said point being the intersection of the southeasterly marginal line of Potomac Avenue and the southwesterly marginal line of Manilla Avenue, and running thence with the said southwesterly marginal line of Manilla Avenue South 33 degrees 27 minutes east 400.0 feet; thence leaving said Manilla Avenue North 58 degrees 39 minutes West 227.94 feet; thence North 33 degrees 27 minutes West 194.00 feet to the said southeasterly marginal line of Potomac Avenue, the aforementioned line being 3.0 feet measured perpendicular from the concrete structure owned by the Standard Oil Company of New Jersey and now or formerly leased to R. S. Boyer of Hagerstown, Maryland; thence with said southeasterly marginal line of Potomac Avenue North 56 degrees 41 minutes East 97.09 feet to the point of beginning; containing 0.662 of an acre of land, more or less. Said conveyance is made together with all improvements situated thereon and all fixtures located on, attached to, or used in connection with the improvements situated thereon and together with all and singular the rights and appurtenances pertaining to such land, including any right, title and interest of the Donor in and to adjacent streets, roads, alleys and rights of way and in, to and under any and all leases affecting such land, at and for a total purchase price of Zero and 00/100 Dollars ($0.00) but for other good and valuable consideration, including Donor’s agreement to maintain and improve said Property at its own expense, for use as a volunteer fire station to serve the surrounding community. The parties further agree as follows: 1. Transfer shall occur within thirty (30) days of the satisfaction of all contingencies but in no event later than January 31, 2022. 2. Possession shall be given at the time of transfer, except that Donee may enter upon the Property at any time and for any purpose reasonably necessary for the acquisition, inspection, and demolition of the property by the Donee. Donee may make such changes and alterations to the Property as it deems desirable prior to settlement. 3. All costs of transfer shall be borne by the Donee. 4. All rent, water rent, real estate and any and all public charges which may exist as liens upon the property shall be paid by the Donee as of the date of settlement. 5. The Property is to be held at the risk of the Donor until legal title has passed. 6. Except as otherwise provided herein Donor is making no warranties as to the condition of the property and the Property is being sold "AS IS." 7. Donor affirms that it is the fee simple record and beneficial owner of the Property. No person or entity has an option, right of first refusal or other similar right to acquire all or any portion of the Property. Donor has performed all obligations under and is not in default in complying with the terms and provisions of any covenants, conditions, restrictions, rights-of-way, or easements applicable to the Property. Donor shall not enter into any Contracts of any kind with respect to the Property or any portion thereof, except as mutually agreed. 8. Donor affirms that no proceeding, suit, or litigation relating to Donor or the Property or any part thereof is pending or, to Donor's knowledge, threatened in any court or other tribunal or before any Governmental Authority. Donor is not the subject of, nor has Donor received any written notice of or threat that it has or will become the subject of, any actions or proceedings under the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. ("Bankruptcy Code"), or under any other federal, state or local laws affecting the rights of debtors and/or creditors generally, whether voluntary or involuntary and including, without limitation, proceedings to set aside or avoid any transfer of any interest in property or obligations, whether denominated as a fraudulent conveyance, preferential transfer or otherwise, or to recover the value thereof or to charge, encumber or impose a lien thereon. 9. Donor, agrees to execute and deliver to Donee a good and sufficient deed of the above described Property, with covenants of special warranty and further assurances free of all liens and encumbrances, except those, if any, herein mentioned and such easements, conditions, and restrictions, if any, to which the Property may now be subject. The deed shall have a provision providing a right of first refusal to the City for the parking lot located on the Property on Manilla Avenue. If the title should be found defective and cannot be perfected, then this Agreement shall be null and void. Prior to settlement, Donee shall be entitled to receive a title report at Donee's cost with respect to the property, and, in the event that such title report indicates matters of exception to title objectionable to Donee, Donee may terminate this Agreement, provided that Donee notifies Donor of its intention to so terminate this Agreement within Fifteen (15) days of its receipt of such title report. Such title report shall be brought to date at the time of settlement and Donee may terminate this Agreement if such title report contains any additional exceptions from the previous title report furnished to Donee. 10. If Donee defaults in performing any of Donee's obligations under this Agreement for any reason other than Donor's default or a permitted termination hereof by Donee, then Donor shall be entitled to avail itself of any other right or remedy granted to it hereunder or at law or in equity. If Donor defaults in performing any of Donor's obligations under this Agreement for any reason other than Donee's default or a permitted termination hereof, then Donee may, at its option, (a) terminate this Agreement, (b) compel specific performance of this Agreement by Donor, or (c) avail itself of any other right or remedy granted to it hereunder or at law or in equity. 11. Each party certifies to the other that it has no knowledge of or has assumed any obligation with respect to recognizing or paying any commission to a real estate broker or agent for services rendered in connection with this sale. 12. It is the express understanding of the parties that time is of the essence of this Agreement, that the terms and provisions hereof shall survive the delivery of the deed of conveyance, and that this Agreement shall be binding upon the parties, their heirs, successors, and assigns. However, Donee shall not assign this Agreement to any party without the prior written consent of the Donor. 3  13. This Agreement and all documents referred to herein are governed by and construed and interpreted in accordance with the laws of the State of Maryland, without regard to its conflicts of laws provisions. 14. To facilitate execution, this Agreement may be executed in as many counterparts as may be required. It shall not be necessary that the signature on behalf of both parties hereto appear on each counterpart hereof. All counterparts hereof shall collectively constitute a single agreement. 15. Regardless of whether settlement occurs hereunder, each party hereto shall be responsible for its own costs in connection with this Agreement and the transactions contemplated hereby, including without limitation fees of attorneys, engineers, and accountants. 16. All notices, requests, demands and other communications hereunder shall be in writing and shall be given to such party at its address or telecopy number set forth below or such other address or telecopy number as such party may hereafter specify for that purpose by notice to the other party. Each such notice, request, or communication shall, for all purposes, be deemed given and received (a) if given by telecopy, when such telecopy is transmitted to the telecopy number specified below during normal business hours and confirmation or complete receipt is received during normal business hours, provided that on the day on which the telecopy is sent, the sender also sends a copy by a recognized overnight delivery service, (b) if hand delivered against receipted copy, when the copy thereof is receipted, (c) if given by a recognized overnight delivery service, the day after being sent prepaid by such recognized overnight delivery service, or (d) if given by registered or certified mail, return receipt requested postage prepaid, three (3) days after it is posted with the United States Postal Service at the address specified below: For the Donor: Antietam Fire Company 790 Potomac Avenue Hagerstown, Maryland 21742 With a copy to: For the Donor: City of Hagerstown Attn: City Administrator 1 East Franklin Street Hagerstown, MD 21740 4  With a copy to: Jason Morton SALVATORE & MORTON, LLC 82 West Washington Street, Suite 100 Hagerstown, Maryland 21740 Any party hereto may change its address or designate different or other persons or entities to receive copies by notifying the other party in a manner described in this Section. 17. Further Assurances. Donor agrees that it will, at any time and from time to time after the settlement, upon reasonable request of Donee, do, execute, acknowledge and deliver, or will cause to be done, executed, acknowledged and delivered, all such further acts, deeds, assignments, transfers, conveyances, powers of attorney and assurances as may be reasonably required for the better assigning, transferring, granting, assuring and confirming to Donee, or to its successors and assigns of, or for aiding and assisting in collecting and reducing to possession, any or all of the assets or property being transferred to Donee pursuant to this Agreement; provided, however, that any instruments to be executed by Donor shall be in form and substance reasonably acceptable to Donor and in no event shall Donor be required to incur any liability or obligation in addition to that which it is obligated to incur under this Agreement. The provisions of this Section shall survive the closing of the transactions contemplated by this Agreement. 18. This Agreement contains the final and entire agreement between the parties hereto and neither they nor their agents shall be bound by any terms, conditions or representations not herein written. WITNESS the names and seals of the parties hereto, signed the date first above written: ATTEST: DONOR City of Hagerstown ______________________________ BY:_________________________(SEAL) Donna K. Spickler, City Clerk Emily N. Keller 5 ATTEST: DONEE Antietam Fire Company, Inc. _________________________ BY:__________________________(SEAL) [Print Name and title] STATE OF MARYLAND, COUNTY OF WASHINGTON, to-wit: I HEREBY CERTIFY that on this day of , 2021, before me, the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared Emily N. Keller, known to me to be the Mayor of The City of Hagerstown, whose name is subscribed to the aforegoing Agreement of Donation, and who acknowledged that she executed the same for the purposes therein contained as the act of The City of Hagerstown, with full authority to do so. WITNESS my hand and Official Notarial Seal. ______________________________ Notary Public My Commission Expires: STATE OF MARYLAND, COUNTY OF __________________, to-wit: I HEREBY CERTIFY that on this day of , 2021, before me, the subscriber, a Notary Public in and for the State and County aforesaid, __________, personally appeared before me, ______________________, whose name is subscribed to the aforegoing Agreement of Donation, and who acknowledged that he, in his capacity as ______________________of Antietam Fire Company, Inc., executed the same for the purposes therein contained as true act and deed of said corporation, with full authority to do so. WITNESS my hand and Official Notarial Seal. ______________________________ Notary Public My Commission Expires: 6  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of Starting Salary Increase for AFSCME 3373 Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_Amendment_of_Starting_Salary.pdf Motion - Starting Salary Increase - HPD  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: November 2, 2021 TOPIC: Approval Starting Salary Increase for AFSCME 3373 Charter Amendment _____ Code Amendment _____ Ordinance _____ Resolution Other X MOTION: I hereby move for Mayor and Council approval to increase the Step 1 pay for AFSCME 3373 to $46,700 and the rate of pay for non-union officers who are hired to attend the police academy to $46,700, effective November 1, 2021. DATE OF PASSAGE: 11/02/21  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Topic: Approval of an Increase in Incentives and Bonuses for Officers of the Hagerstown Police Department Mayor and City Council Action Required: Discussion: Financial Impact: Recommendation: Motion: Action Dates: ATTACHMENTS: File Name Description Motion_-_Incentives_and_Bonuses.pdf Motion - Increase in Incentives and Bonuses  REQUIRED MOTION MAYOR AND CITY COUNCIL HAGERSTOWN, MARYLAND Date: November 2, 2021 TOPIC: Approval of an Increase in Incentives and Bonuses for Officers of the Hagerstown Police Department Charter Amendment _____ Code Amendment _____ Ordinance _____ Resolution Other X MOTION: I hereby move for Mayor and Council approval to increase the current monthly housing incentive that ranges from $100 to $300 (which was approved on April 29, 2014) to range from $300 to $500 per month. The original housing incentive for $100 per month was approved on August 28, 2012. Funding for this will come from the Hagerstown Police Department’s general fund (0110401 5570). I, also, hereby move for Mayor and Council approval to increase the Hagerstown Police Department’s signing bonuses from $5,000 (which was originally approved on August 28, 2012) to $20,000 for lateral applicants and from $5,000 to $10,000 for Comparative Compliance applicants, effective with new hires November 1, 2021. Both of these bonuses will require a 3 year contract that will require the officers to reimburse the City the full amount, if their contract is broken. Former HPD employees will not be eligible for this incentive. Funding for this would come directly from salary savings. DATE OF PASSAGE: 11/02/21