Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, April 10, 2023, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. PRESENTATIONS A) Announcement of Candidates for Common Council 2023 Election – Clerk Barber B) Mayoral Proclamation – Public Service Recognition Week (May 7 – 13, 2023) 3. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of March 27, 2023 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. ORDINANCES AND RESOLUTIONS A) Adoption of Ordinance 2023-02, an Ordinance of the Mayor and Common Council accepting a quitclaim deed to an unimproved portion of Sycamore Street located between E. Green Street and Winchester Avenue in the City of Westminster. – Director of Community Planning and Development Director Depo B) Adoption of Resolution 23-05, Resolution of the Mayor and Common Council of the City of Westminster, Maryland, authorizing the Common Council to waive the application fees for an annexation petition for applicants that are non-profit entities and demonstrate substantial hardship. – Director of Community Planning and Development Director Depo C) Introduction of Resolution 23-06, Ellsworth Cemetery Annexation (Annexation 76), enlarging the corporate boundaries of the City of Westminster by annexing into the City certain property containing 1.1812 Acres, contiguous to adjoining the City’s existing corporate boundaries,  consisting of land located on the north side of Leidy Road, commonly known as Ellsworth Cemetery, also identified as Tax Account Number 07-004788, Map 46, Grid 0016, Parcel 1592. – Director of Community Planning and Development Director Depo 8. UNFINISHED BUSINESS 9. NEW BUSINESS A) Approval to Waive the Competitive Bidding for a Good Cause under new Subsection 36-4(F) to pave Wakefield Valley Trail at Hobbits Pond – Department of Public Works Deputy Dick 10. DEPARTMENTAL REPORTS 11. CITIZEN COMMENTS 12. ADJOURNMENT Public Service Recognition Week (May 7-13) To: Mayor and Common Council From: Mark Depo, Director of Community Planning and Development Date: April 4, 2023 Re: 2023 Public Service Recognition Week (May 7-13, 2023) Background Each year, the Mayor of the City of Westminster recognizes Public Service Recognition Week by Mayoral Proclamation. The week of May 7 - 13, 2023 is to be recognized as Public Service Recognition Week in the City of Westminster and all citizens are encouraged to join the Mayor and Common Council in celebrating the accomplishments and contributions of government employees at all levels. Attachment Mayoral Proclamation – 2023 Public Service Recognition Week (May 7-13, 2023) cc: Sara Imhulse, City Administrator  Public Service Recognition Week Whereas, Americans are served every single day by public service employees at the federal, state, county and municipal levels; and, Whereas, the actions of these public service employees enhance the quality of life in jurisdictions across the nation; and, Whereas, the City of Westminster is served by many dedicated public service employees providing a variety of services to the community; and, Whereas, the services performed by these employees include general administration, housing and code enforcement, human resources, information technology, public safety, public works, and recreation and parks; and, Whereas, the Mayor and Common Council wish to recognize the work performed by City employees and those public employees employed by other levels of government. Now, Therefore, I, Dr. Mona Becker, Mayor of City of Westminster, on behalf of the Common Council do hereby proclaim that May 7-13, 2023 is hereby declared as Public Service Recognition Week in the City of Westminster; and, Be it Further Proclaimed that all residents are encouraged to join the Mayor and Common Council in celebrating the accomplishments and contributions of government employees at all levels. Adopted this 10th day of April, 2023. _________________________________ Dr. Mona Becker Mayor  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting March 27, 2023, 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, City Attorney Levan, Director of Human Resources McCullough Captain Peter, 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. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, MARCH 13, 2023: 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, March 13, 2023, at 8:46 p.m. pursuant to General Provision Art., Section 3-305)(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 Administrator Imhulse, and City Attorney Levan and Director of Human Resources McCullough. The Common Council took no official action during the meeting. The Closed Meeting adjourned at 9:25 p.m. UPDATE FROM MCDANIEL COLLEGE Associate Vice President of Student Success Christine Moran from McDaniel College provided an update on the college initiatives, events and activities taking place at the college. PRESENTATIONS TING Quarterly Update – Marketing Manager Vickie Slinkman Vickie Slinkman, Marketing Manager of TING, presented the last two quarterly updates on TING. Mayoral Proclamation – National Public Safety Telecommunicators Week (April 9 – 15, 2023) Mayor Becker read a Mayoral Proclamation recognizing National Public Safety Telecommunicators Week, April 9 – 15, 2023. 1 Mayoral Proclamation – Arbor Week Mayor Becker read a Mayoral Proclamation recognizing Arbor Week, as the week of April 24, 2023. APPROVAL OF MINUTES Councilmember Gilbert motioned, seconded by Councilmember Hoff to approve the Mayor and Common Council Meeting minutes of March 13, 2023, and the Closed Meeting minutes of March 13, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. CONSENT AGENDA Councilmember Hoff motioned, seconded by Councilmember Gilbert to approve the Consent Agenda, which consisted of the following: Approval of Departmental Report for February 2023; Approval of Civil Rights Certification; and Approval of Public Works Agreement (A-1156- Windy Hills Farms, Section 5 Development). VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. REPORT FROM MAYOR Mayor Becker opened her report and noted the numerous events and meetings she has recently attended. Mayor Becker closed her report by thanking the Common Council for all their committee work and City Clerk Barber and Executive Assistant Kirkner for their assistance to her. REPORTS FROM STANDING COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the upcoming 16th Anniversary of the Peep Show (March 31 – April 11, 2023) to be held at the Town Mall of Westminster (400 N. Center Street, Westminster, MD 21157). Councilmember Hoff, on behalf of the Economic and Community Development Committee, noted that the Economic and Community Development Committee would be meeting on Friday, March 31, 2023, at 9:30 a.m. Council President Pecoraro, on behalf of the Finance Committee, noted that the committee has scheduled a meeting for Thursday, March 30, 2023. Councilmember Gilbert, on behalf of the Personnel Committee, noted the City’s current open positions for the Municipal Pool and Summer Camps 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 on March 14, 2023, members of the police department participated in the annual Chamber of Commerce Leadership Carroll Justice and Law Day. Councilmember Chiavacci also noted that on March 22, 2023, that Chief Ledwell attended the quarterly Maryland Chief’s of Police Association meeting, where the association discussed the upcoming annual professional development conference and the accompanying aspiring leaders program. 2 Councilmember Chiavacci, on behalf of the Public Works Committee, noted the great work that the Streets Department provides in assisting the Recreation and Parks Department with all City events. Councilmember Chiavacci closed by noting that the scaffolding is being put into place at the Clock Tower building in anticipation for the work to commence on repairing the City of Westminster Clock Tower. Council President Pecoraro, on behalf of the Technology Committee, welcomed Rick Moore, the new City of Westminster IT Director. COUNCIL COMMENTS AND DISCUSSION Councilmember Dayhoff noted the numerous events and meetings he has recently attended. Councilmember Dayhoff highlighted the following events: Ting Ribbon Cutting and the Maryland Municipal League Carroll County Chapter Meeting. Councilmember Chiavacci noted the upcoming Main Street Mile event scheduled for Wednesday, April 12, 2023, along Main Street. Councilmember Gilbert noted the numerous events and meetings she has recently attended. Councilmember Gilbert highlighted the following events: Ting Ribbon Cutting and the Maryland Municipal League Carroll County Chapter Meeting. Councilmember Gilbert closed by noting the upcoming Spring Events scheduled at Wakefield Valley on Saturday, April 1, 2023, as we hop into Spring. Councilmember Hoff noted his involvement in working with Senator Reedy and Delegate Rose with their work and support on the Water Re-Use Program. Councilmember Hoff closed by noting he would keep the Common Council informed on the status of the proposed legislation regarding the Water Re- Use Program. ORDINANCES AND RESOLUTIONS Introduction of Ordinance 2023-02, an Ordinance of the Mayor and Common Council accepting a quitclaim deed to an unimproved portion of Sycamore located between E. Green Street and Winchester Avenue in the City of Westminster Councilmember Chiavacci motioned, seconded by Councilmember Gilbert to Introduce Ordinance 2023-02, an Ordinance of the Mayor and Common Council accepting a quitclaim deed to an unimproved portion of Sycamore located between E. Green Street and Winchester Avenue in the City of Westminster. Community Planning and Development Director Depo provided the staff report on the item and responded to questions of clarification given by the Common Council on proposed Ordinance 2023-02. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Adoption of Resolution 23-03, a Resolution of the Mayor and Common Council of Westminster urging the Board of Carroll County Commissioners to allocate space at the site of the Old Robert Moton High School for a Museum 3 Councilmember Dayhoff motioned, seconded by Councilmember Hoff for the adoption of Resolution 23-03, a Resolution of the Mayor and Common Council of Westminster urging the Board of Carroll County Commissioners to allocate space at the site of the Old Robert Moton High School for a Museum. Council President Pecoraro provided the background on the item and responded to questions of clarification given by the Common Council on proposed Resolution 23-03. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and Council President Pecoraro. NAYS: None. UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS There was no new business to be discussed by the Mayor and Common Council. DEPARTMENTAL REPORTS Westminster Fire Department Councilmember Dayhoff had no official report for the Westminster Fire Department but noted that the department is receiving a lot of calls for service. IT IT Director Moore noted that he is getting settled into the position and received a warm welcome from the City staff. Director Moore noted that he is currently reviewing all the IT policies and procedures. Public Works Department of Public Works Deputy Director Dick noted that the department was working on sidewalk repairs on Green Street. Deputy Director Dick also noted that the roof replacement on 45 West Main (City Administration Building) and 91 West Main (Carroll Arts Center) had been completed. Deputy Director Dick closed his report by reporting that the scaffolding is going up at the Clocktower Building and work will begin once scaffolding is in place. Recreation and Parks Director of Department of Recreation and Parks Gruber reported that Westminster Pool Membership Discounts will end on March 31, 2023. Director Gruber highlighted the Spring events scheduled for Saturday April 1, 2023, at Wakefield Valley Park (Easter Trail, Egg Hunt, and a Bunny Petting Zoo, along with crafts and games). Director Gruber closed her report by noting the upcoming Main Street Mile Event celebrating it’s 40th Anniversary on April 12, 2023, at 7:00 p.m. Finance Director of Finance Rodgers thanked all the departments on their work on submitting their budgets for the proposed FY 24 Budget. Director of Finance thanked the Human Resource Department for working with the department in filling a vacancy in the department. Public Safety Department Captain Peters provided an update on retention and recruitment for the Westminster Police Department. 4 Community Planning and Development Director of Community Planning and Development Depo reported that for the 33rd year, the City of Westminster has been recognized at a Tree City USA and also recognized as a Maryland PLANT (People Loving and Nurturing Trees) Community. Director Depo also report that on March 21, 2023, the Carroll County Planning Commission reviewed the Hare Annexation (1131 Avondale Road) and sent a positive recommendation to the County Commissioners. Director Depo advised that on March 21st, an administrative Adjustment application for 71 and 73 West Main Street to allow a reduction in the required number of off-street parking spaces and to allow four vehicles to back out directly onto Union Alley was conditionally approved. Director Depo noted that the City had approved the grading permit for Meadow Branch relocation which is associated with the Carroll County Regional Airport expansion. Director Depo closed his report by acknowledging that Flowers by Evelyn celebrated their 28th year in business and that Country View Tuxedo celebrated their 25th year in business. 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 from the public wishing to address the Common Council. ADJOURNMENT Council President Pecoraro announced that the next meeting would be on April 10, 2023, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 8:04 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 _______________________. 5 Ordinance No. 2023-02 To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: April 10, 2023 Re: Ordinance No. 2023-02, an Ordinance of the Mayor and Common Council accepting a quitclaim deed to an unimproved portion of Sycamore Street located between E. Green Street and Winchester Avenue in the City of Westminster. BACKGROUND Chris Wilson, of Wilson Homes, contacted the City of Westminster regarding the construction of a single family detached house on a vacant parcel (SDAT# 07-060769) along Sycamore Street, outlined in red below (the “Property”). The Property is zoned R-7,500 Residential Zone. Pursuant to the City of Westminster Zoning Ordinance, Section 164-35.A. (see also Section 164-29.A.), “Dwellings, single-family detached, including accessory buildings incidental to the permitted use” is a permitted use in the R-7,500 Residential Zone. There is a 6” water line within the Sycamore Street right-of-way along the front of the Property and an 8” sewer line and a 6” water line within the S. Court Street right-of-way along the rear of the Property. The portion of Sycamore Street abutting the Property between E. Greene Street and Winchester Avenue is not constructed and the City has no plans to construct it. Due to steep slopes at the rear of the Property, access to the Property via S. Court Street would be difficult; therefore, Mr. Wilson desires to provide access via Sycamore Street. Discussions between Mr. Wilson and City staff identified the possibility of granting Mr. Wilson a license to use the right of way and to construct at his own expense the road extension and driveway thereon. The scope of the City’s interest in that right-of-way is, however, complicated. The underlying fee appears to have been conveyed to Michael Humbert, by deed dated December 7, 2020 from, J.W. Humbert, Inc. J.W. Humbert may have retained some right, title and interest in this portion of Sycamore Street in the transaction. In the event this is the case, the City has sought a quitclaim deed from Michael Humbert to clarify the City’s ownership of the right-of-way, thus allowing Mr., Wilson to license the use of that right-of-way. PROCESS Elissa Levan, City Attorney, in coordination with DCPD, has drafted the attached Ordinance of the Mayor and Common Council accepting a quitclaim deed to an unimproved portion of Sycamore Street located between E. Greene Street and Winchester Avenue in the City of Westminster. On March 27, 2023, the Mayor and Common Council introduced Ordinance No. 2023-02. If the Mayor and Common Council adopt Ordinance No. 2023-02, once it becomes effective, a license agreement granting a non-exclusive license over and across a portion of the Sycamore Street right- of-way to Mr. Wilson for the purpose of providing a driveway for ingress and egress to the Property and providing utilities to the Property, will be presented to the Mayor and Common Council for review and approval. RECOMMENDATION DCPD staff recommends that the Mayor and Common Council adopt Ordinance No. 2023-02, as provided in Attachment 1 of this report, accepting a quitclaim deed to an unimproved portion of Sycamore located between E. Green Street and Winchester Avenue in the City of Westminster. ATTACHMENT 1. Ordinance No. 2023-02 2. Sycamore Street Quitclaim Deed 3. Sycamore Street Right-of-Way Exhibit cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney Mayor and Common Council Ordinance No. 2023-02 April 10, 2023 Page 2  Sponsored by: Mayor Becker and President Pecoraro ORDINANCE NO. 2023-02 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL ACCEPTING A QUITCLAIM DEED TO AN UNIMPROVED PORTION OF SYCAMORE STREET LOCATED BETWEEN E. GREENE STREET AND WINCHESTER AVENUE IN THE CITY OF WESTMINSTER WHEREAS, the possibility has come to the attention of the Mayor and Common Council of Westminster (“the City”) that, when certain property was conveyed to Michael Humbert by way of deed dated December 7, 2020, J.W. Humbert, Inc., the grantor may have retained some right, title and interest in a portion of Sycamore Street that is located between E. Greene Street and Winchester Avenue, as set forth in the attached Quitclaim Deed (Exhibit A); and WHEREAS, Michael Humbert is the sole stockholder of now dissolved J. W. Humbert, Inc., a Maryland statutory close corporation with no board of directors; and WHEREAS, Michael Humbert desires to convey whatever interest J.W. Humbert, Inc. may have retained in the aforementioned property to the City for the Sycamore Street right-of-way; and WHEREAS, the Mayor and Common Council deem it to be in the best interests of the City and its residents to acquire the aforementioned property; and WHEREAS, the City is authorized by Md. Code Ann., Local Government, § 5-204(c) to acquire by conveyance, purchase or condemnation any real property needed for a public purpose. Section 1. Be it enacted and ordained by The Mayor and Common Council of Westminster, that the City hereby accepts the Quitclaim Deed attached hereto as Exhibit A. Section 2. Be it further enacted and ordained by The Mayor and Common Council of Westminster, that the Mayor is hereby authorized and empowered to execute any and all documents required for the acquisition of the property and generally relating thereto as recommended by the City Administrator and the City Attorney. Section 3. Be it further enacted and ordained by The Mayor and Common Council of Westminster that this Ordinance shall take effect (10) ten days after its passage and approval. INTRODUCED this 27th day of March, 2023. Douglass A. Barber, City Clerk  PASSED this 10th day of April, 2023. _________________ Douglass A. Barber, City Clerk APPROVED this 10th day of April, 2023. ______________________ Dr. Mona Becker, Mayor AS TO FORM AND SUFFICIENCY this ____ day of ________________, 2023: ______________________________ Elissa D. Levan, City Attorney 2 Resolution No. 23-05 - Adoption To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: April 10, 2023 Re: Adoption of Resolution No. 23-05, a Resolution of the Mayor and Common Council authorizing the Common Council to waive the application fees for an annexation petition for applicants that are non-profit entities and demonstrate substantial hardship. BACKGROUND Recently, the Community Foundation of Carroll County, Inc. (“the Petitioner”) submitted a petition to the Mayor and Council of the City of Westminster, pursuant to the Annotated Code of Maryland, Local Government Article, Title 4, Subtitle 4, to annex 1.1812 acres of land located on the north side of Leidy Road, commonly known as Ellsworth Cemetery. The City established a filing fee of $2,500.00 for annexation petitions and a requirement that the applicant pay legal costs by Resolution No 20-04 approving the General Fee Schedule for governmental and proprietary functions of the City. The Petitioner has requested that these fees and costs be waived due to the non-profit status of the Petitioner and the impairment of its ability to pursue its core mission that payment of those costs would generate. The City Code and the General Fee Schedule do not authorize the Common Council to waive the application fees for an annexation petition. The attached Resolution of the Mayor and Common Council authorizes the Common Council to waive the application fees for an annexation petition for applicants like the Petitioner that are non-profit entities and demonstrate substantial hardship. RECOMMENDATION City Staff recommends the Mayor and Common Council adopt Resolution No. 23-06 authorizing the Common Council to waive the application fees for an annexation petition for applicants that are non- profit entities and demonstrate substantial hardship. ATTACHMENT 1. Resolution No. 23-05 2. Resolution No. 20-04, General Fee Schedule cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney  RESOLUTION 23-05 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, AUTHORIZING THE COMMON COUNCIL TO WAIVE THE APPLICATION FEES FOR AN ANNEXATION PETITION FOR APPLICANTS THAT ARE NON-PROFIT ENTITIES AND DEMONSTRATE SUBSTANTIAL HARDSHIP WHEREAS, on or about July 29, 2020, the Common Council adopted Resolution No. 20-04, establishing a Fee Schedule for certain City services that included a fee for the processing of annexation petitions; and WHEREAS, it has come to the attention of the Common Council that the fee established by Resolution No 20-04 for the processing of annexation petitions may pose a hardship for certain non-profit entities located on property adjacent and contiguous to the City’s boundaries that wish to have their property annexed by the City; and WHEREAS, some non-profit organizations whose presence in the City would be desirable in the view of the Common Council may be deterred from seeking annexation by the requirement to pay the fee prescribed by Resolution No. 20-04; and WHEREAS, the Mayor and Common Council of Westminster deems that the public interest will be best served by establishing a program by which non-profit entities may request a waiver of the annexation fee upon a demonstration that the payment of such fee would cause a substantial hardship that would impair the ability of the entity to pursue its core mission. NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council of Westminster that the an applicant for annexation may apply for a waiver of the fee prescribed by t Resolution 20-04 (and any successor fee resolution) by submitting a waiver request in writing accompanied by such documentation as the Mayor may from time to time establish that the entity is a non-profit organization and that the fee would constitute a substantial hardship that would impair the ability of the entity to pursue its core mission. BE IT FURTHER RESOLVED THAT THIS RESOLUTION shall take effect immediately upon adoption. 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  RESOLUTION NO. 20-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, APPROVING A GENERAL FEE SCHEDULE FOR GOVERNMENTAL AND PROPRIETARY FUNCTIONS OF THE CITY, EXCEPTING UTILITY CHARGES AND INCLUDING FINES FOR VIOLATIONS OF THE CITY’S VARIOUS LAWS AND REGULATIONS, EFFECTIVE JULY 1, 2020 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 enacted Chapter A175, “Fees”, of the City Code, Article I, “General Fees”, designated as the “General Fee Ordinance”; and WHEREAS, the Common Council believes that the removal of the fees, costs, and charges set forth in Chapter A175 Article I, “General Fee Ordinance”, from the City Code and the adoption from time to time of a schedule of fees, costs, and charges by resolution of the Mayor and Common Council is in the best interests of the City and will promote the most efficient operation of the City government. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Mayor and Common Council of Westminster that, beginning on July 1, 2020, the fees, costs, and charges for the various governmental and proprietary functions of the City, except utility charges, and for violations of City laws and regulations shall be as set forth in Exhibit A hereto. BE IT FURTHER RESOLVED THAT THIS RESOLUTION shall take effect on July 1, 2020. ADOPTED this _____ 29th day of June, 2020 __________________________________________ Shannon Visocsky, City Clerk 1 OF 2  APPROVED this _____ 29th day of June 2020 __________________________________________ Joe Dominick, Mayor APPROVED AS TO FORM AND SUFFICIENCY 1st day of June 2020. July, 2020 this _____ ___________________________ Elissa D. Levan, City Attorney 2 Exhibit A 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 (1) Chapter 14, Elections. § 14-2 Filing fees $25 (2) Chapter 83, Floodplain Management. § 83-26 Administrative fees Actual costs as determined by Director of Public works (3) Chapter 94, Licenses. § 94-8 Circus parades $100 § 94-9 Circuses and other entertainments First performance of circus $100 Additional performance $100 First performance of sideshow $100 Additional performance $100 Other exhibitions $100 § 94-10 Distribution of handbills, per distribution $25 § 94-11 Peddling and soliciting $100 (4) Chapter 109, Picketing and Parades. § 109-10 Procedure for requesting Actual cost as parades and demonstrations determined by permits City Clerk (5) Chapter 119, Property Maintenance. Annual licensing fees If application is timely filed. $20 If application is filed up to 30 days late $30 If application is filed between 31 and 60 days late $50  If application is filed between 61 and 90 days late $100 If application is filed between 91 and 120 days late $150 If application is filed between 121 and 365 days late $250 If application is filed over 1 year late $350 If application is filed over 2 years late $450 For habitual offender $500 (6) Chapter 130, Solid Waste. § 130-4C Permit to collect or dispose of solid waste, annual charge $200 § 130-7 Bulk pickup Fewer than 3 residential units No charge More than 4 residential units, mixed business-residential units, business institutions, and related uses No service provided Eviction and other bulk collection service: Normal pickup day for location $150 Other than normal pickup day for location $300 Overtime ($300 x 1.5) $450 Nonentitled: Normal pickup day for location $300 Other than normal pickup day for location $500 Overtime ($500 x 1.5) $750 (7) Chapter 133, Special Capital Benefit Assessment. § 133-3A Dwelling and Dwelling Units (including mobile homes). Each single-family dwelling unit or the first unit in a multifamily dwelling unit as defined in Chapter 164 of this Code $3,840 Each dwelling unit in a multifamily dwelling unit over and above the first unit: 1-bedroom or efficiency $3,072 2-bedroom $3,264 3-bedroom $3,456 4-bedroom $3,648 Industrial Manufacturing Minimum (includes buildings containing up to 5,000 square feet total floor space) $3,840 Next 10,000 square feet $0.77 per square foot Next 15,000 square feet $0.73 per square foot All over 30,000 square feet $0.70 per square foot Industrial Warehousing Minimum (includes buildings containing up to 2,000 square feet total floor space) $3,840 Next 3,000 square feet $0.77 per square foot Next 5,000 square feet $0.70 per square foot Next 20,000 square feet $0.59 per square foot All over 30,000 square feet $0.46 per square foot Schools and Colleges, including Dormitories (students and staff) 1 to 100 persons $6,528 101 to 250 persons $11,520 251 to 400 persons $16,896 401 to 1,000 persons $22,080 Each additional 400 persons or fraction thereof over 1,000 $26,880 Hospitals, Care Homes and Nursing Homes 1 to 20 beds $6,528 21 to 60 beds $11,520  Each additional bed over 60 $269 Hotels and Motels 1 to 10 rooms $3,840 11 to 50 rooms $6,528 Each additional bed over 50 $307 Commercial (retail, wholesale and business offices) Minimum (includes buildings containing up to 5,000 square feet total floor space) $3,840 Next 5,000 square feet $0.77 per square foot Next 10,000 square feet $0.70 per square foot All over 20,000 square feet $0.59 per square foot § 133-3B Existing structure converted to additional dwelling units, commercial units or business offices $576, plus $0.77 per square foot (8) Chapter 136, Stormwater Management. § 136-17 Review and inspections completed for City by county (9) Chapter 139, streets and sidewalks. § 139-5 Use of sidewalks by merchants and contractors $50 § 139-14 Petition to close streets, etc. $250 § 139-21 Permit for outdoor display signs or display structure $50 § 139-23 Permit fee for awnings $50 § 139-25 Permit to dig streets, etc. $500 § 139-29 Underground facilities First marking $35 Additional markings $15 (10) Chapter 145, Taxicabs. § 145-5 Taxicab owner's license, for each vehicle $50 § 145-7 Transferability of taxi license, for each vehicle $50 § 145-9 Taxi stands, per space $250 § 145-15 Taxi driver's license, per license $50 § 145-23 Fares and rates Flat fare for trips from 7:00 a.m. to 10:00 p.m. $5 Surcharge for trips prior to 7:00 a.m. and after 10:00 p.m. to be added to base fare $10 Charge for intracity portion of trip outside the City $5 § 145-25 Impoundment Service charge of $100 plus actual storage cost (11) Chapter 148, Trees. § 148-12 Tree topping, per tree $25 (12) Chapter 155, Vehicles and Traffic. § 155-30 Parking permits: Permit parking lots (per month) Longwell Annex Lot $0 Lower Conaway Lot $25 Upper Conaway Lot $20 Chapel Lot $20 North Longwell Lot $25 Bauerlein Lot $20 Parking structures (per month) Longwell $30 Westminster Square $30 § 155-31B Parking meter zones and charges, per hour $0.50 (13) Chapter 164, Zoning and Subdivision of Land. § 164-45.21D Criteria for approval, per space $2,500 § 164-82B Open space, per acre $2,500 § 164-93B Open space, per acre $2,500 § 164-111C General provisions and requirements One-time charge of $2,500 per space plus an annual maintenance fee of $56.79 adjusted annually on CPI § 164-111D Parking requirements $2,500 per space plus an annual maintenance fee of $56.79 adjusted annually on CPI § 164-123C Sign permits Less than 64 square feet/less than 20 feet high $50 More than 64 square feet/ more than 20 feet high $150 § 164-151A Junkyard permit $250 § 164-157A Zoning certificate, per certificate $200 § 164-158.1C Administrative adjustments $400 § 164-174 Filing fees Special exceptions: Day-care $300 Owner-occupied $300 All others $1,500, plus City legal fees and court reporter costs Variances: Owner-occupied $200 All others $1,000 plus City legal fees and court reporter costs Appeals $600 § 164-179 Zoning filing fees Text amendment $1,500 Local map amendment Less than 25 acres $1,600 More than 25 acres $1,600, plus $100 per acre over 25 Historic $0 § 164-192 Subdivision application for approval $200 § 164-203 Fees Subdivision application fee $200 Concept plan $500 Preliminary plan $1,250 plus $50 per lot Development plan $1,250 lot plus $50 per lot Final plat $1,000 plus $50 per lot § 164-213 Fees Site plan Minor site plan $1,000, plus $200 per each acre less than 5 Major site plan $1,500, plus $250 per each acre less than 5 Development plan $1,250, plus $50 per lot B. Miscellaneous fees. Department Subject Fee (1) Finance. [1] Bad check fee: $35. [2] Release of lien: $50. [3] Bonds Issuer's fee for conduit [1] The lesser of: revenue bonds, notes [a] One percent of the or other evidences of obligation original principal amount of as to which closing occurs on such obligations; and or after July 15, 2014, and [b] $10,000, provided that, which relate to projects located to the extent the I.R.C outside the City's corporate limits: or the regulations promulgated  thereunder require that a lesser amount be charged than the amount determined by application of such formula, such lesser amount as determined in accordance with the Tax Code; such fee to be payable by the obligor as a one- time fee at closing. (2) Planning zoning and development. [1] Annexation fees. [a] Less than 5 acres: $2,500, plus reimbursement of legal costs. [b] Five acres or more: $5,000, plus reimbursement of legal costs. [2] Zoning verification letter: $50. [3] Electronic data. [a] Stored drawings and historic maps: Actual cost [i] Blueline copies: Actual cost [ii] Burn to CD/e-mail: Actual cost [4] Plotted maps. [a] Eight and one-half inches by 11 inches: Actual cost [b] Eleven inches by 17 inches: Actual cost [c] Twenty-four inches by 36 inches: Actual cost [d] Thirty-six inches by 48 inches: Actual cost [e] Custom sizes: Actual cost [f] Zoning Map (24 inches by 36 inches): Actual cost [5] Custom Products: Actual cost [6] Special loan programs: [a] Application fee: $2,000. [b] Work plan and inspection fee: $1,000. (3) Public Works. [1] Construction inspection: 4.5% of public bond [2] Standard spec book: $40, if mailed; $35. [3] Standard Detail Sheet: available online, $0. (4) Recreation. [1] Westminster Municipal Pool:  [a] At gate per person (3 years and older): $7 [b] Family, City: $235 [c] Individual, City: $139 [d] Family, county: $315 [e] Individual, county: $169 [f] 10-visit punch card $55 [2] Westminster Family Center Enrollment fees: $40/year/membership package Membership fees: City residents [a] Family: $50/month [b] Family w/childcare $65/month [c] Individual: $25/month [d] Youth: $18/month [e] Child supervision: $20/month [f] Daily Walk-in (12 and up) $7/month [g] 10-visit punch card $60/month Non-City-residents [a] Family: $55/month [b]Family w/childcare $70/month [c] Individual: $30/month [d] Youth: $20/month [e] Child supervision: $25/month [f] Daily Walk-in (12 and up) $10 [g] 10-visit punch card $60 [6] Avondale Run Ballfield: [a] Permit required. $75. [7] Belle Grove Square Park: [a] Permit required; permit fee $75. [8] Bishop's Garth Park: [a] Permit required; permit fee $75. [9] Charles Street Park: [a] Permit required; permit fee $75. [10] Community Building at the pool: [a] Permit required $30 per hour. [11] Dutterer Family Park; [a] Permit required $75 for four hours. [12] Green's Tot Lot: [a] Permit required $75. [13] Jaycee Park: [a] Permit required $75. [b] Ballfield lights $25 per hour. [14] King Park: [a] Permit required $75 for four hours. [15] Locust Lane: [a] Permit required $75. [16] Longwell Municipal Center Gym Rental: Permit required. City resident Regular hours $50 per hour After hours $75 per hour Non-City resident Regular hours $60 per hour After hours $80 per hour [17] Uniontown Road Athletic Field; [a] Permit required $75. [18] Westminster City Playground: [a] Permit required $75 for four hour. [19] Westminster City Park Ballfields: [a] Permit required $75. [b] Ballfield lights $25 per hour. [20] Library Park: [a] Permit required $75 for four hours. [21] Main Street banners: [a] Per banner for two-week rental: $150. (5) City Clerk: [1] Maryland public information requests: [a] Copy costs, per page: $.05[b] Time: [i] Less than or equal to 2 hours free. [ii]Greater than 2 hours: actual costs determined by the City Clerk. (6) Police: [1] Copies of public records, paper [a] Copy costs, per page: $.05[b] Time: [i] Search time, 2 hours or less Free [ii] Greater than 2hours: Actual cost [2] Photographs: Actual cost [3] Audio tapes (cassette): Actual cost [4] CDs: Actual cost [5] Video tapes: Actual cost [6] Fingerprints: [a] Per card: $5. [b] Child prints: Free [7] Meter bags: [a] Single-head meter bag $4 per day [b] Double-head meter bag $8 per day [8] "No Parking" pedestal [a] Half day: $5 [b] Full day: $5 Resolution No. 23-06 - Introduction To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: April 10, 2023 Re: Introduction of Annexation Resolution No. 23-06, Ellsworth Cemetery BACKGROUND The Community Foundation of Carroll County, Inc. ("Petitioners"), pursuant to the Annotated Code of Maryland, Local Government Article, Title 4, Subtitle 4, has petitioned the Mayor and Council of the City of Westminster (“the City”) to annex 1.1812 acres of land located on the north side of Leidy Road, commonly known as Ellsworth Cemetery (SDAT# 07-004788), owned by the Petitioner, into the corporate boundaries of the City. This annexation area is zoned “R-10,000 Residence District” under the Carroll County Zoning Ordinance. The Petitioner is requesting that the Property be zoned "C Conservation Zone” under the City’s Zoning Ordinance. Established in the late 1870s, Ellsworth Cemetery is a historically significant cemetery that served as an important burial site for the Carroll County Black community. This cemetery was primarily the resting place for Black residents of Carroll County, including many veterans, some of whom fought in the American Civil War. At the time of the cemetery’s creation, Black people were not permitted to be buried within the corporate limits of the City of Westminster, so land was made available right outside of the City for the creation of the cemetery. It is still an active cemetery today. Preservation efforts have been proceeding since 2013 to maintain the grounds and recently there has been an effort to start recording the names of the dead and mapping the locations of the headstones. This Annexation is the first step to having the property included in the Heart of the Civil War Heritage Area, allowing the cemetery to eligible to apply and receive grant funding to help with the cemetery preservation efforts. ANNEXATION PETITION The annexation petition submitted by the Petitioner meets the requirements in the Annotated Code of Maryland, Local Government Article, Division II, Title 4, Subtitle 4, and Zoning Ordinance Section 164-6. The Annotated Code requires the annexation petition to be signed by (1) at least 25% of the registered voters who are residents of the area to be annexed; and (2) the owners of at least 25% of the assessed valuation of the real property in the area to be annexed. In this case, there are no persons residing within the area to be annexed and the Property is owned entirely by the Petitioner. The Property is contiguous to and adjoining the existing boundaries of the City. Annexation of the Property will not create an isolated area (enclave) of unincorporated land within the City’s boundaries. Representatives for the application have submitted a letter requesting the annexation filing fee of $2,500.00 be waived due to the non-profit status of the Petitioner. The letter explains “that there is no new planned development in association with this proposed annexation and any allocation of funds to financially account for this annexation process, if possible, would take funds away from the maintenance and improvements of the cemetery.” PROCESS Pursuant to Zoning Ordinance Section 164-6, “Zoning of Annexed Lands”, “Whenever a joint petition for annexation and zoning is filed with the City and there shall be introduced before the Mayor and [Common] Council a resolution to enlarge the corporate boundaries of the City in accordance with the requirements of applicable law, the Mayor and Council shall also consider, as appropriate, an application for a local or sectional Zoning Map amendment for the territory proposed to be incorporated into the City by the resolution.” Following introduction of the annexation petition and resolution to the Mayor and Common Council, the resolution will be forwarded to the Carroll County and Maryland Department of Planning for its information and comment and to City’s Planning Commission for its recommendation. RECOMMENDATION Staff recommends that the Mayor and Common Council introduce Resolution No. 23-06 for annexation, allowing the annexation process to begin. ATTACHMENT 1. Annexation Petition 2. Annexation Resolution No. 23-06 cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney Mayor and Common Council Introduction of Annexation Resolution No. 23-06 April 10, 2023 Page 2 CARROLL COUNTY CIRCUIT COURT (Land Records) HD 9323, p. 0047, MSA_CE56_9313. Date available 06/21/2019. Printed 01/26/2023. CARROLL COUNTY CIRCUIT COURT (Land Records) HD 9323, p. 0048, MSA_CE56_9313. Date available 06/21/2019. Printed 01/26/2023. CARROLL COUNTY CIRCUIT COURT (Land Records) HD 9323, p. 0049, MSA_CE56_9313. Date available 06/21/2019. Printed 01/26/2023. CARROLL COUNTY CIRCUIT COURT (Land Records) HD 9323, p. 0050, MSA_CE56_9313. Date available 06/21/2019. Printed 01/26/2023. Exhibit D The Community Foundation of Carroll County, Inc. Petition for Annexation of Ellsworth Cemetery Petitioner states that it is a nonprofit corporation with no stockholders. The entity has a website, which can be found at WeAreCarroll.org and lists the current Board of Directors.  RESOLUTION NO. 23-06 ENLARGING THE CORPORATE BOUNDARIES OF THE CITY OF WESTMINSTER BY ANNEXING INTO THE CITY CERTAIN PROPERTY CONTAINING 1.1812 ACRES, CONTIGUOUS TO AND ADJOINING THE CITY’S EXISTING CORPORATE BOUNDARIES, CONSISTING OF LAND LOCATED ON THE NORTH SIDE OF LEIDY ROAD, COMMONLY KNOWN AS ELLSWORTH CEMETERY, ALSO IDENTIFIED AS TAX ACCOUNT NUMBER 07-004788, MAP 46, GRID 0016, PARCEL1592 (Annexation No. 76) WHEREAS, pursuant to Local Government Article, Title 4, Subtitle 4 of the Annotated Code of Maryland, and §164-6 of the Code of the City of Westminster, the Mayor and Common Council of Westminster (“the City”) is vested with the authority and discretion to enlarge the corporate boundaries of the City; and WHEREAS, The Community Foundation of Carroll County, Inc. (“Petitioner”) is the owner of 1.1812 acres of land in the Seventh (7th) Election District of Carroll County Maryland, contiguous to and adjoining the corporate limits of the City of Westminster along the north side of Leidy Road, commonly known as Ellsworth Cemetery, also identified as Tax Account Number 07-004788, Map 46, Grid 0016, Parcel 1592; and WHEREAS, the Property is presently classified as R-10,000 Residence District under the zoning laws of Carroll County; and WHEREAS, the Cemetery intends to continue operating as a cemetery after annexation; and WHEREAS, Petitioner’s petition for annexation under Local Gov’t Article § 4-404 meets the requirement of Local Gov’t Art., § 4-403 that the City have consent of the owners of at least 25% of the assessed value of the property to be annexed; and WHEREAS, there are no persons residing within the area to be annexed and from whom 1 consent to annexation is required by Md. Code Ann., Local Gov’t Art., § 4-403; and WHEREAS, the Annexation Area comprises land contiguous to and adjoining the City’s existing corporate boundaries and the annexation of the Annexation Area will not create any unincorporated area that is bounded on all sides by real property presently or by this legislative action or by a combination of both within the corporate limits of the City; and WHEREAS, pursuant to Resolution 23-05 the Petitioner has requested a waiver of the annexation fee on the grounds that the payment of such fee would cause a substantial hardship that would impair the ability of the Petitioner to pursue its core mission. IT IS THEREFORE RESOLVED, by the Mayor and Common Council of Westminster, that the tracts or parcels of land herein designated as the Annexation Area, as shown on the Annexation Plat, Exhibit A hereto, and described in a metes and bounds description set forth in Exhibit B hereto, be added to the corporate boundaries of the City, generally subject to the provisions of the Charter, City Code, Ordinances and other rules and regulations of the City, and the Mayor and Common Council agree to no conditions of annexation, whether asserted or requested in the petition for annexation or otherwise; AND BE IT FURTHER RESOLVED, pursuant to §164-6 and all other related and applicable sections of the City Code that the Zoning Map of the City of Westminster shall be amended to include the Annexation Area in the C Conservation Zone; AND BE IT FURTHER RESOLVED, pursuant to Resolution 23-05 the Mayor and Common Council waive the annexation fee prescribed by Resolution 20-04 as such fee would cause a substantial hardship that would impair the ability of the entity to pursue its core mission; AND BE IT FURTHER RESOLVED, that this Resolution shall become effective forty- five (45) days following its passage and approval by the Mayor and Common Council of 2 Westminster, unless within forty-five (45) days of the date of enactment the City receives a Petition for Referendum filed in accordance with the provisions of Md. Code Ann., Local Gov’t Article, §§ 4-408 through 4-410. AND BE IT FURTHER RESOLVED, that the City Administrator shall, on or after the effective date of the Resolution, promptly send a copy of this resolution with the new boundaries to the Clerk of the Circuit Court for Carroll County, and the Department of Legislative Services for the State of Maryland. INTRODUCED this 10th day of April 2023 _____________________________________ Douglass Barber, City Clerk PASSED this _____ day of ______________, 2023 ________________________________________ Douglass 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 3 Waiver Approval – Paving Wakefield Valley Trail To: Mayor and Common Council From: John C. Dick, Deputy Director of Public Works Date: April 5, 2023 Re: Approval – A motion to waive competitive bidding for good cause under new subsection 36-4. Paving of the Wakefield Valley Trail at Hobbitts Pond Background The City of Westminster Mayor and Common Council awarded the contract to reconstruct and lay 150 feet of storm drain piping at Hobbitts storm pond to Kibler Construction on Monday January 29th, 2022. The City agreed to supply any required fill dirt for this project with the understanding there would be some damage to the trail transporting material to the pond. Unfortunately, the damage was more than we anticipated and will require the trail to be completely resurfaced. We reached out to two local paving companies for pricing, those two prices are below. We propose this project be approved under the good cause waiver to skip the bidding process and save time due to unsafe trail conditions to the public and our obligations to meet new ADA standards. Firm Total Price C.J. Miller $142,393.00 M.T. Laney $142,500.00 Project Funding We would like to go with CJ Miller’s quote based on it being the lowest cost, their availability, and past experiences. As noted above, the proposed purchase has an associated cost of $142,393.00. We propose using $75,000.00 from the Street Dept Road Maintenance and Repair operating account, the remaining $14,000.00 from the Hobbitts pond reconstruction project and $53,393.00 from the Annual Road Paving CIP. Recommendation Staff recommends that the Mayor and Common Council waive competitive bidding for good cause under new subsection 36-4. Paving of the Wakefield Valley Trail at Hobbitts Pond and award a contract to CJ Miller in the amount of $142,393.00. Attachments • C.J. Miller quote • M.T. Laney quote cc: Sara Imhulse, City Administrator