Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, January 9, 2023 at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, DECEMBER 12, 2022: In accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Monday, December 12, 2022, at 8:15 p.m. pursuant to General Provision Art., Section 3-305)(b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals and;(b)(7) to consult with counsel to obtain legal advice. Motion – Chiavacci/Hoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Mr. Hoff Yes Ms. Gilbert Yes Mr. Pecoraro Mayor Becker The following staff members were in attendance: City Clerk Barber, City Administrator Imhulse, and City Attorney Levan. The Common Council took no official action during the meeting. Note: City Clerk Barber, City Administrator Imhulse, and City Attorney Levan left the closed meeting at 8:27 p.m. The Closed Meeting adjourned at 9:45 p.m. 3. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of December 12, 2022 B) Mayor and Common Council Closed Meeting of December 12, 2022 4. REPORT FROM THE MAYOR 5. REPORTS FROM STANDING COMMITTEES A) Arts Council B) Economic and Community Development Committee C) Finance Committee D) Personnel Committee E) Public Safety Committee  F) Public Works Committee G) Recreation and Parks Committee H) Technology Committee 6. COUNCIL COMMENTS AND DISCUSSION 7. BID A) Award of Contract with Kibbler Construction Company of Finksburg, Maryland for the extension of Storm Drain at Coldstream Close Court and Hobbitts Lane in the total amount of $61,000.00 8. ORDINANCES AND RESOLUTIONS A) Adoption of Resolution 23-01, a resolution of the Mayor and Common Council of Westminster, amending the City’s General Fee Schedule for governmental and proprietary functions of the City with respect to applicable charges for use of the Westminster Municipal Pool.– Director of Recreation and Parks Gruber 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. DEPARTMENTAL REPORTS 12. CITIZEN COMMENTS 13. ADJOURNMENT  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting December 12, 2022, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff and Council President Pecoraro. Staff Present: City Clerk Barber, Director of Housing Services Brown, Director of Community Planning and Development Depo, Deputy Director of Public Works Dick, Director of Recreation Gruber, City Administrator Imhulse, City Attorney Levan, Chief of Police Ledwell, Director of Human Resources McCullough, and Director of Finance Rodgers. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. UPDATE FROM MCDANIEL COLLEGE Dean of Admissions Jill Centofanti from McDaniel College provided an update on the college initiatives, events and activities taking place at the college. PRESENTATIONS Presentation of Oyster Stroll Charity Partner Checks Mayor Becker and Director of Recreation and Parks Gruber presented the 2022 Oyster Stroll Charity Partnership Check to representatives from Coastal Conservation Association. Presentation of FallFest Checks Mayor Becker and Director of Recreation and Parks Gruber presented the 2022 FallFest Charity Partnership Checks to representatives from Catholic Charites Headstart, Crossroads Church, Together We Own It, and The Westminster Municipal Band. Presentation of Miracle on Main Street Holiday Electric Parade Winners Mayor Becker and Director of Recreation and Parks Gruber presented the 2022 Miracle on Main Street Holiday Parade Winners to the following: Best and Brightest – Shelter Systems Limited; Sprit of the Season – A Quality Heating and Air Conditioning; and Main Street Champion – Carroll County Veterinary Clinic. Mayor’s Cup Storefront and Holiday Window Decorating Contest Winners Mayor Becker awarded the 2022 Mayor’s Cup Storefront and Holiday Window Decorating Contest winner to Heartmade Collaborative (10 East Main Street). APPROVAL OF MINUTES Councilmember Gilbert motioned, seconded by Councilmember Chiavacci, to approve the Mayor and Common Council Meeting minutes of November 28, 2022, and the Special Mayor and Common Council Meeting minutes of December 5, 2022. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. 1 COMMITTEE APPOINTMENTS Scott Graf – Board of Zoning Appeals Councilmember Gilbert motioned, seconded by Councilmember Dayhoff, to accept the Mayor’s nomination for appointment of Mr. Scott Graf to the City of Westminster’s Board of Zoning Appeals Commission as a member for a three-year term ending on December 12, 2025. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff NAYS: None. Robert Peeples Jr. – Board of Elections Committee Councilmember Chiavacci motioned, seconded by Councilmember Dayhoff to accept the Mayor’s nomination for appointment of Mr. Robert Peeples Jr., to the City of Westminster’s Board of Elections Committee as a member for a term ending on February 14, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff NAYS: None. J. Brooks Leahy – Board of Elections Committee Councilmember Hoff motioned, seconded by Councilmember Gilbert to accept the Mayor’s nomination for appointment of Mr. J. Brooks Leahy to the City of Westminster’s Board of Elections Committee for a term ending on February 14, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff NAYS: None. Erin Guiffre – Board of Ethics Commission Councilmember Gilbert motioned, seconded by Councilmember Dayhoff to accept the Mayor’s nomination for appointment of Ms. Erin Guiffre to the City of Westminster’s Board of Ethics Commission for a five-year term ending on December 12, 2027. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff NAYS: None. REPORT FROM MAYOR Mayor Becker noted the building fire on Main Street and the loss of life. Mayor Becker thanked all the first responders who responded and assisted. Mayor Becker thanked the Common Council for accepting and supporting her nominations to the City’s Boards and Commission, she advised the public that she was looking for those wanting to serve. Mayor Becker closed by highlighting many wonderful events held during the holiday season and thanked all the City staff for their hard works and dedications in bring it all together. 2 REPORTS FROM STANDING COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the numerous programs being offered by the Arts Council. Councilmember Dayhoff encouraged everyone to visit the Carroll County Arts Center’s website for additional information and details on all the upcoming programs and events being held and scheduled at the Arts Center. Council President Pecoraro, on behalf of the Finance Committee, noted that the committee had met on Monday, December 5, 2022, to discuss a forthcoming budget amendment. Councilmember Gilbert, on behalf of the Personnel Committee, noted the City’s current open positions and encouraged those interested to go to the City’s website for additional information on how to apply. Councilmember Chiavacci, on behalf of the Public Safety Committee, noted that the Westminster Police Department staff had participated in the annual “Catherine’s Cause to End Drunk Driving” event held on December 1, 2022, at the Ascension Episcopal Church, for the annual remembrance ceremony in honor of the lives lost on Carroll County roads each year. Councilmember Chiavacci also noted that on December 5, 2022, Chief Ledwell will attend the first Carroll County Police Accountability Board meeting. Councilmember Chiavacci closed reporting that the Westminster Police Department participated in their 20th Annual “Shop with a Cop Holiday Event” at the Westminster Walmart on December 10, 2022. Councilmember Chiavacci, on behalf of the Public Works Committee, noted the Department of Public Works will end the 2022 leaf collection season on Friday, December 9, 2022. Councilmember Chiavacci advised that the department is preparing all the equipment for the winter season. Councilmember Dayhoff, on behalf of the Recreation and Parks Committee, noted that a Recreation and Parks Committee held a meeting on Tuesday, December 6, 2022, with items that will be forthcoming to the Mayor and Common Council for consideration. Council President Pecoraro, on behalf of the Technology Committee, noted their next meeting has been scheduled for Tuesday, January 24, 2022, at 3:00 p.m. COUNCIL COMMENTS AND DISCUSSION Councilmember Dayhoff provided the Mayor and Common Council a detailed recount of the building fire that took place at White’s Bike on Main Street in the earlier morning hours of December 12, 2022. Councilmember Gilbert noted her attendance at the Maryland Municipal League Carroll County Chapter quarterly meeting hosted by the Town of Sykesville on Thursday, December 8, 2022. Councilmember Gilbert also noted that on January 11, 2023, the Maryland Municipal League will host there annual opening day of the State of Maryland legislator reception in Annapolis, Maryland. Councilmember Hoff noted his appreciation to the Westminster Fire Department and all other personnel who got the fire under control at White’s Bikes earlier today. Councilmember Hoff closed by wishing everyone a Happy Holiday’s. BIDS Award of Contract for Inflow and Infiltration Phase V Councilmember Dayhoff motioned, seconded by Councilmember Gilbert to accept the bid and award the contract for the Inflow and Infiltration Phase V project to Guyer Brothers Inc., of New Enterprise, PA for the inflow and infiltration reduction work in the amount of $1,026,721.50. Deputy Director of Public Works Dick provided the staff report on the item. City Administrator Imhulse and Deputy Director of Public Works responded to questions of clarification given by the Common Council on the item. 3 VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Approval of Change Order No. 1 to the City’s Contract with Mid-Atlantic Utilities, Inc., for the Valve Bolt Replacement Project Councilmember Chiavacci motioned, seconded by Councilmember Hoff to approve and authorize the Mayor to execute Change Order No. 1 to the City’s contract with Mid-Atlantic Utilities, Inc., for the Valve Bolt Replacement Project. Deputy Director of Public Works Dick provided the staff report on the item. Deputy Director of Public Works responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS Approval of Sole Source Contract with Funk and Bolton P.A. Councilmember Hoff motioned, seconded by Councilmember Gilbert to authorize a sole source contract with Funk and Bolton, P.A. located in Baltimore, Maryland to engage with and represent the City in matters with the State of Maryland in the amount of $40,000. City Administrator Imhulse provided the staff report on the item. There was no discussion on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Approval of Purchase of One (1) Replacement Police Vehicle (2022 Dodge Durango Police Pursuit Vehicle) under the Maryland Statewide Contract (BPO#001B1600353) from Hertrich Fleet Services for a total Cost of $33,344 Councilmember Chiavacci motioned, seconded by Councilmember Gilbert to approve the purchase of one (1) Dodge Durango Pursuit Vehicle AWD from Hertrich Fleet Services, Inc., of Milford, Delaware for a total cost of $33,344. Chief of Police Ledwell provided the staff report on the item. There was no discussion on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Approval of Police Salary Step Plan Councilmember Chiavacci motioned, seconded by Councilmember Hoff to approve the Police Salary Step Plan. City Administrator Imhulse provided the staff report on the item. There was no discussion on the item. 4 VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Vote to go into a Closed Meeting Motion: Councilmember Chiavacci motioned, seconded by Councilmember Hoff to have the Common Council adjourn into a Closed Meeting at the conclusion of the Mayor and Common Council Meeting of Monday, December 12, 2022, in accordance with the General Provisions Article of the Annotated Code of Maryland, §3-305 (b) (1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals and (b)(7) to consult with counsel to obtain legal advice. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. DEPARTMENTAL REPORTS Westminster Fire Department Councilmember Dayhoff noted that Santa would be in the area neighborhood and to be on the lookout for him. City Administrator City Administrator Imhulse wished the Mayor, Common Council and City staff a Happy Holidays. Recreation and Parks Department Director of Recreation and Parks Gruber noted that Santa’s last day on the library lawn would be Saturday, December 17, 2022, from Noon to 4:00 p.m. Director Gruber also noted that Saturday, December 17, 2022, would be the last day for carriage rides in the downtown area. Public Works Department Deputy Director of Public Works Dick noted the recent water-main breaks in the City. Finance Director of Finance Rodgers reported that FY 2022 audit was still being worked on and is anticipated to be completed by the end of December. Human Resources Director of Human Resources McCullough reported that the department is currently focusing on recruitment for open positions across all departments. Director McCullough advised that anyone interested in working for the City of Westminster should go to the City’s website for current job openings. Director McCullough closed by reminding the Mayor and Common Council of the City’s Holiday Lunch on Friday, December 16, 2022. Community Planning and Development Director of Community Planning and Development Depo reported that on December 7, 2022, the Historic District Commission provided a cursory review of the proposed Amy’s Laundry addition located at 271 - 273 E. Main Street. Director Depo noted that a Simplified Site Plan SS-22-08 for Amy’ Laundry 5 addition is currently under review and is anticipated to be approved shortly. Director Depo also reported that on December 13, 2022, two Administrative Adjustments are scheduled to be heard. The first case, AA 21-04, the property owners of 56, 56 ½ , 58 West Green Street, and the second case, AA 22-02, the property located at 500 Meadow Creek Drive (Walgreens). Director Depo noted that the Holiday Market last Saturday is December 17th, from 9:00 a.m. until 1:00 p.m. Public Safety Department Chief Ledwell noted the Share the Love donation “fundraiser” program that supports K-9 handlers Housing Services Director of Housing Services Brown provided an update on the Rental Housing Licensing Program. CITIZEN COMMENTS Council President Pecoraro advised that residents may submit any comments to the following email address: comments@westminstermd.gov. He noted that all emails received would be shared with the Mayor and Common Council. There was no one wishing to address the Common Council. ADJOURNMENT Council President Pecoraro announced that the next meeting would be on January 9, 2023, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 8:09 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Full audio version is available on www.westminstermd.gov Adopted by the City of Westminster Common Council on ____________________. 6 Bids – Extension of Storm Drains To: Mayor and Common Council From: John C. Dick, Deputy Director of Public Works Date: January 3, 2023 Re: Award of Contract – Extension of Storm Drain at Coldstream Close Court and Hobbitts Lane Background The FY23 CIP includes funding for storm drain improvements on Coldstream Close Court. The existing outfall has caused standing water issues for the residents. The improvements will extend the outfall further down the existing swale and include enhancements to reduce scouring energy of the water flow. Hobbitts Lane extensions will eliminate the erosion that is undermining the existing pipe and footpath that runs along part of the Wakefield Valley Trail. The project was advertised to County pre-approved contractors on November 28, 2022, with a pre-bid meeting and bid due dates of December 8, 2022, and December 22, 2022, respectively. All work will need to be completed in the spring of 2023 to meet the fiscal year end date of June 30, 2023. Two bids were received with the lowest being from Kibbler Construction Company. Below is a summary of the two bids received: Firm Total Price Kibbler Construction Co. $61,000.00 White Pine Construction $74,900.00 City staff has reviewed and evaluated references and the proposal from Kibbler Construction Company in the total amount of $61,000.00 and finds it to be acceptable. Project Funding The FY23 CIP includes $75,000 for this project. Recommendation Staff recommends that the Mayor and Common Council award a contract to Kibbler Construction Company of Finksburg, Maryland in an amount not to exceed $61,000.00 for the storm drain improvements. Attachments • Bid by Kibbler Construction cc: Sara Imhulse, City Administrator Adoption of Resolution 23-01 To: Mayor and Common Council From: Abby Gruber, Director of Recreation & Parks Date: January 5, 2023 Re: Adoption of Resolution 23-01 Background In FY 2022, the City entered into a contractual agreement with Keller Brothers Incorporated to renovate the Westminster Municipal Pool. In response to the City’s investment in these significant improvements and in anticipation of a 2023 grand -reopening of a newly renovated pool complex, the attached resolution reflects modest fee increases for pool usage. The proposed fees will help defray the costs of improvements and offset the inflationary costs of operating public facilities. Recommendation Staff recommends that the Mayor and Common Council adopt Resolution 23-01, adjusting the pool fees for the 2023 pool season. Attachment Resolution 23-01  RESOLUTION 23-01 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, AMENDING THE CITY’S GENERAL FEE SCHEDULE FOR GOVERNMENTAL AND PROPRIETARY FUNCTIONS OF THE CITY WITH RESPECT TO APPLICABLE CHARGES FOR USE OF THEWESTMINSTER MUNICIPAL POOL. WHEREAS, pursuant to the Local Gov’t Art., § 5-202 of the Maryland Annotated Code, the Mayor and Common Council of Westminster (“the City”) has the authority to enact ordinances to assure the good government of the municipality; protect and preserve the municipality's rights, property, and privileges; preserve peace and good order; secure persons and property from danger and destruction; and protect the health, comfort, and convenience of the residents of the municipality; and WHEREAS, § 5-205(d)(b) of the Local Gov’t Article permits the City to set reasonable fees and charges for governmental and proprietary functions of the City; and WHEREAS, Section 12 of the City Charter implements the authority of Local Gov’t Art., § 5-202 and § 5-205; and WHEREAS, pursuant to the aforementioned authority, the City adopted Resolution R 20- 04, incorporating a fee schedule, setting forth, among other things, charges to the public for the use of various governmental and proprietary functions; and WHEREAS, the City has undertaken major improvements to the Westminster Municipal Pool (“the Pool”) that will enhance users’ enjoyment of that amenity; and WHEREAS, costs to operate public facilities such as the Pool have greatly increased since 2020 as a consequence of inflationary conditions prevailing nationally for materials and services; and WHEREAS, as a matter of fiscal responsibility, the City must offset the costs of the improvements and cost increases by increases in charges to users; and WHEREAS, the City nevertheless wishes to make the facility affordable for all of its residents, NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Mayor and Common Council of Westminster that, beginning on ____________, 2023, the City’s Fee Schedule for fees, costs and charges for the proprietary functions of the City, and for violations of City laws and regulations shall be amended as set forth in Exhibit A hereto. BE IT FURTHER RESOLVED THAT THIS RESOLUTION shall take effect on ____________, 2023. 1 OF 2  ADOPTED this ____ day of ______________, 2023 __________________________________________ Douglass A. Barber, City Clerk APPROVED this _____ day of ____________, 2023 __________________________________________ Dr. Mona Becker, Mayor APPROVED AS TO FORM AND SUFFICIENCY this _____ day of ____________, 2023. ___________________________ Elissa D. Levan, City Attorney 2 General fees, charges and costs. The following fees, charges and costs relating to the provision of its municipal services pursuant to the Westminster Charter, the Westminster City Code, and related authorities are hereby established. A. Specific City Code Provisions Code Section Subject Fee * * * B. Miscellaneous fees. * * * (4) Recreation. [1] Westminster Municipal Pool: [a] At gate per person: $7 [b] Family, City: $235 [c] Individual, City: $139 [d] Family, county: $315 [e] Individual, county: $169 [f] 10-visit punch card $55 [g] Daily (3 years and older) $7 CITY RESIDENT RATES: [A] INDIVIDUAL: $160 [B] FAMILY: $300 FAMILY MEMBERSHIPS INCLUDE 6 IMMEDIATE FAMILY MEMBERS WITH A MAXIMUM OF 2 ADULTS (19 & OVER) ONLY: SPOUSES AND UNMARRIED CHILDREN OR STEPCHILDREN LIVING AT THE FAMILY RESIDENCE. [C] ADD-ON: $50 NON-DISCOUNTABLE, CAN ONLY BE USED IN CONJUNCTION WITH THE PURCHASE OF A FAMILY MEMBERSHIP, ONLY FOR ADDITIONAL DEPENDENTS 18 & UNDER. [D] DAILY FEE: $10 [E] SUNSET: $7 (AFTER 4 P.M.) [F] 10 VISIT PUNCH CARD: $90 NON-RESIDENT RATES: [A] INDIVIDUAL: $195 [B] FAMILY: $390  FAMILY MEMBERSHIPS INCLUDE 6 IMMEDIATE FAMILY MEMBERS WITH A MAXIMUM OF 2 ADULTS (19 & OVER) ONLY: SPOUSES AND UNMARRIED CHILDREN OR STEPCHILDREN LIVING AT THE FAMILY RESIDENCE. [C] ADD-ON: $65 NON-DISCOUNTABLE, CAN ONLY BE USED IN CONJUNCTION WITH THE PURCHASE OF A FAMILY MEMBERSHIP, ONLY FOR ADDITIONAL DEPENDENTS 18 & UNDER [D] DAILY FEE: $13 [E] SUNSET: $10 (AFTER 4 P.M.) [F] 10 VISIT PUNCH CARD: $120 FY 2023 DISCOUNTS [A] 20% OFF UNTIL JANUARY 2 [B] 15% OFF UNTIL MARCH 31 [C] 10% OFF UNTIL APRIL 30 [D] 5% OFF UNTIL MAY 15 [E] FAMILY FITNESS CENTER MEMBERS IN GOOD STANDING RECEIVE A 15% DISCOUNT [F] MEMBERSHIPS PURCHASED DURING THE MONTH OF AUGUST RECEIVE A 50% DISCOUNT [E] FULL-TIME CITY EMPLOYEES RECEIVE A FREE FAMILY POOL MEMBERSHIP * * *