Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, April 24, 2023, at 4:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. PUBLIC HEARING A) Constant Yield Tax Rate FY 2024 3. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of April 10, 2023 4. CONSENT AGENDA A) Approval of Departmental Report for March 2023 B) Approval – Additional $10,591.68 for Purchase of SUV from Apple Ford 5. REPORT FROM THE MAYOR 6. 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 7. COUNCIL COMMENTS AND DISCUSSION 8. ORDINANCES AND RESOLUTIONS A) Adoption of Resolution 23-04, a Resolution of the Mayor and Common Council of the City of Westminster, Maryland granting a non-exclusive license to Chadlyn, LLC, in, over and across a portion of the Sycamore Street Right of Way, for the purpose of providing a driveway for ingress and egress and providing utilities to “LT PT 9-1/2 of 10- 7,854 SF Sycamore Street”/Map 0107, Grid 0013, Parcel 0527 subject to the terms and conditions set forth in a license agreement, and approving license agreement. – Director of Community Planning and Development Director Depo 9. UNFINISHED BUSINESS 10. NEW BUSINESS 11. DEPARTMENTAL REPORTS 12. CITIZEN COMMENTS 13. ADJOURNMENT Public Hearing – Constant Yield Tax Rate MA To: Mayor and Common Council From: Sara Imhulse, City Administrator Date: April 20, 2023 Re: Public Hearing – Constant Yield Tax Rate Background Pursuant to Maryland State Law, the constant yield tax rate is calculated by the Department of Assessments and Taxation for each taxing authority in the State. It represents the property tax rate for the coming tax year that will generate the same amount of revenue that was generated during the current tax year. As assessments increase, the constant yield tax rate decreases. When a taxing authority plans to impose a tax rate that is higher than the constant yield tax rate, it must advertise the tax increase and hold a public hearing. If the taxing authority plans to set a tax rate at the current level, but above the constant yield tax rate, it must be advertised, and a hearing must be held. That requirement will be fulfilled by the public hearing on April 24, 2023. Notice of the Constant Yield Tax Rate public hearing was published, as required by State Law, in the April 14, 2023, edition of the Carroll County Times newspaper. Attached is a copy of the notice. The real property tax rate must be set at the constant yield tax rate hearing, or at a later time if announced at the time of the hearing. The tax rate is generally adopted as part of the overall budget. The fiscal year (FY)24 budget will be introduced on May 1, 2023; adoption of the ordinance is scheduled for May 8, 2023. The proposed tax rate in the FY24 Budget is $0.56 per $100 of assessed Real Property. Adoption of the FY24 Budget will set that rate.  CITY OF WESTMINSTER NOTICE OF A PROPOSED REAL PROPERTY TAX INCREASE The Mayor and Common Council of the City of Westminster proposes to increase real property taxes. 1. For the tax year beginning July 1, 2023, the estimated real property assessable base will increase by 2.34%, from $2,041,360,545 to $2,089,187,034. 2. If City of Westminster maintains the current tax rate of $0.56 per $100 of assessment, real property tax revenues will increase by 2.34% resulting in $267,828 of new real property tax revenues. 3. In order to fully offset the effect of increasing assessments, the real property tax rate should be reduced to $0.5472, the constant yield tax rate. 4. The City of Westminster is considering not reducing its real property tax rate enough to fully offset increasing assessments. The City of Westminster proposes to adopt a real property tax rate of $0.56 per $100 of assessment. This tax rate is 2.34% higher than the constant yield tax rate and will generate $267,828 in additional property tax revenues. A public hearing on the proposed real property tax rate increase will be held at 4:00 p.m. on Monday, April 24, 2023, at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland 21157. The hearing is open to the public, and public testimony is encouraged. Person with questions regarding this hearing may call City Clerk Doug Barber at 410-848-4938 or at dabarber@westminstermd.gov for further information.  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting April 10, 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, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Levan, and Director of IT Moore. PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. PRESENTATIONS Announcement of Candidates for Common Council 2023 Election City Clerk Barber announced the candidates for the office of Common Council for the 2023 Election as they will appear on the official ballot as follows: Kevin Earl Dayhoff, Ann Gilbert, Greg Pecoraro, and Scott Willens Mayoral Proclamation – Public Service Recognition Week (May 7 – 13, 2023) Mayor Becker read a Mayoral Proclamation recognizing Public Service Recognition Week (May 7-13, 2023). Mayor Becker presented the proclamation to City Administrator Imhulse. APPROVAL OF MINUTES Councilmember Dayhoff motioned, seconded by Councilmember Gilbert to approve the Mayor and Common Council Meeting minutes of March 27, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. REPORT FROM MAYOR Mayor Becker opened her report by thanking Councilmember Chiavacci for attending the meeting with the residents regarding the tree plantings at Wakefield Valley Park along with her on Monday, April 3, 2023, at 6:00 p.m. Mayor Becker thanked all the Department Directors for their work and assistance during City Administrator Imhulse absence. REPORTS FROM STANDING COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted that the Peep Show’s (March 31 – April 11, 2023) 16th Anniversary held at the Town Mall of Westminster (400 N. Center Street, Westminster, MD 21157) was a great success. Councilmember Dayhoff closed his report by encouraging everyone to visit the website for upcoming activities and events being held by the Carroll Arts Council. 1 Council President Pecoraro, on behalf of the Finance Committee, noted that the upcoming Finance Committee Meetings: Tuesday, April 11, 2023, and Thursday, April 20, 2023, to discuss the proposed FY 24 Budget. Council President Pecoraro noted that the Constant Yield Tax Rate Public Hearing has been scheduled for Monday, April 24, 2023, at 4:00 p.m.; that a Special Mayor and Common Council Meeting had been scheduled for Monday, May 1, 2023, at 4:00 p.m. for the introduction of the FY24 Budget and Budget Public Hearing; and Special Mayor and Common Council Work Session is scheduled for Tuesday, May 2, 2023, at 4:00 p.m. Council President Pecoraro closed by noting that the adoption of the FY24 Budget would be scheduled for the Mayor and Common Council Meeting scheduled for Monday, May 8, 2023, at 7:00 p.m.. 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 the many projects and initiatives the department is working on throughout the month. He also noted the status of initiatives that are being done by the Westminster Police Department. Councilmember Chiavacci noted a letter received by the Westminster Police Department commending Lt. Tim Rife for his service during an event held on Friday, April 7, 2023. Councilmember Chiavacci, on behalf of the Public Works Committee, noted the great work that the Streets Department provides to ensure the safety of all its residents. Councilmember Chiavacci closed by noting the upcoming hydrant flushing on April 10th and April 11th in the City. Councilmember Dayhoff, on behalf of the Recreation and Parks Committee, noted the great event held at Wakefield Valley Park on Saturday, April 1, 2023, with spring and bunny filled events, and crafts. Councilmember Dayhoff noted that on Wednesday, April 12, 2023, the Main Street Mile event will be celebrating 40 Years. Councilmember Dayhoff closed his report by reminding everyone of the upcoming Wine Stroll scheduled for Saturday, April 22, 2023, in the City. COUNCIL COMMENTS AND DISCUSSION Council President Pecoraro thanked legislators in Annapolis especially Senator Ready and Delegate Rose for their support with the legislation allowing MDE to move forward with the permitting process for Water Re-Use and legislation on the Fiber Network initiatives. Council President Pecoraro thanked the Common Council, City Administrator Imhulse, and City staff who were a part of both initiative’s that will benefit the City of Westminster. Councilmember Chiavacci thanked Mayor Becker for holding the meeting with the residents regarding the tree planting at Wakefield Valley Park. Councilmember Chiavacci addressed notification cards sent by the Carroll County Board of Elections for the upcoming City of Westminster Election on May 9, 2023, may have an incorrect polling location. Councilmember Chiavacci thanked City Clerk Barber for addressing the issue and advised that the Carroll County Board of Elections would be sending out replacement cards to those who received incorrect cards. Councilmember Dayhoff acknowledged the recent passing of Lt. Col. Rolland Meerdter Sr. as he served on the search committee for our Chief of Police. Councilmember Dayhoff noted the many meetings and events he has recently attended. Councilmember Gilbert noted the numerous events and meetings she has recently attended. Councilmember Gilbert highlighted the upcoming City of Westminster Wine Stroll scheduled for Saturday, April 22, 2023. 2 Councilmember Hoff noted his appreciation to the City of Westminster Mayor and Common Council collaborating as a group with the legislators in Annapolis for the greater good of the residents of Westminster. ORDINANCES AND RESOLUTIONS Adoption 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 Dayhoff to adopt 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. There was no discussion. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. Adoption of Resolution 23-05, a 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 Councilmember Gilbert motioned, seconded by Councilmember Hoff for the adoption of Resolution 23-05, a 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. Community Planning and Development Director Depo provided the background on the item and responded to questions of clarification given by the Common Council on proposed adoption of Resolution 23-05. The Mayor and Common Council discussed Resolution 23-05 at length. Councilmember Chiavacci moved to amend the Resolution 23-05, to have the following included in the resolution: by submitting a waiver request in writing, accompanied by such documentation, as the Mayor and Common Council 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, seconded by Councilmember Hoff. The amendment passed unanimously. The Common Council then voted on the motion as amended. Note for the Record: Councilmember Dayhoff noted for the record his wife serves as a board member of the Carroll County Foundation. City Attorney Levan approved Councilmember Dayhoff voting on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff, NAYS: None. 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. 3 Councilmember Chiavacci motioned, seconded by Councilmember Gilbert for the 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. Community Planning and Development Director Depo provided the background on the item and responded to questions of clarification given by the Common Council on proposed Resolution 23-06. Note for the Record: Councilmember Dayhoff noted for the record his wife serves as a board member of the Carroll County Foundation. City Attorney Levan approved Councilmember Dayhoff voting 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 to Waive the Competitive Bidding for a Good Cause under new Subsection 36-4(F) to pave Wakefield Valley Trail at Hobbitts Pond Councilmember Dayhoff motioned, seconded by Councilmember Gilbert to approve to waive the competitive bidding for good cause under new subsection 36-4 to pave the Wakefield Valley Trail at Hobbitts Pond and award a contract to CJ Miller in the amount of $142,393.00. Department of Public Works Deputy Director Dick provided the staff report on the item and 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. DEPARTMENTAL REPORTS Public Works Department of Public Works Deputy Director Dick provided a status update and preliminary project schedule for the Clocktower Project. Director Dick closed his report by noting that the mulching and mowing season has begun for the Streets Department. Housing Services Director of Housing Services Brown provided an updated on the department’s work with the Assistance Program Applicants List. Public Safety Department Chief of Police Ledwell reported that the Westminster Quick Response Team Case Manager Brooke Sisson was currently attending a three-day RX Summit where key officials dealing with prevention, treatment, and recovery come together to discuss prevention strategies. 4 Community Planning and Development Director of Community Planning and Development Depo reported that on April 5, 2023, the Historic District Commission discussed the following: the Historic District Commission proposed Historic Preservation Implementation Plan for funding for inventory of historic buildings of the entire City, including cultural landscape; the Nation’s 250th Anniversary; Review of Architecture for 71-73 West Main Street; Maryland Historic Trust Capital Grant Program; and the 2023 Flower and Jazz Festival. Director Depo also reported that on April 4, 2023, the Board of Zoning Appeals (BZA) held an election and Larry Berent was elected Chair and Scott Graf was elected Vice Chair. Director Depo noted that the BZA also discussed general procedures, scheduling, and staff reports, as well as legal issues, and procedures. Recreation and Parks Director of Recreation and Parks Gruber reminded everyone of the 2023 City Nature Challenge Kickoff Party on Friday, April 28, 2023, from 3:30 p.m. until 6:30 p.m. at Wakefield Valley Park (100 Fenby Farm Road). Westminster Fire Department Councilmember Dayhoff had no official report for the Westminster Fire Department but noted the current hiring process for personnel. 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. Mr. Dick Krebs, 8 Ridge Road, addressed concerns with walking along Angler Road at Route 140 in front of Westminster Shopping Center. ADJOURNMENT Council President Pecoraro announced that the next meeting would be on April 24, 2023, and the meeting will begin at 4:00 p.m. He adjourned the meeting at 8:17 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 CITY OF WESTMINSTER, MARYLAND STATUS & INFORMATION REPORT – MARCH 2023 Finance GENERAL FUND REVENUES % to Budget Actual YTD Budget Taxes $ 14,292,543 $ 13,792,270 97% Licenses and Permits 522,000 308,512 59% Intergovernmental 1,538,036 1,576,736 103% Charges for Services 779,298 825,358 106% Fines & Forfeitures 31,000 32,447 105% Miscellaneous Income 89,526 225,050 251% Transfers (2,988,640) - 0% GENERAL FUND APPROPRIATION BY ACTIVITY Community Support - - 0% Facilities 241,770 238,698 99% Finance 284,333 185,592 65% Executive & Legislative 849,503 547,448 64% Human Resources 179,959 78,591 44% Planning, Zoning & Development 309,540 128,851 42% Housing & Preservation Services 146,045 47,781 33% Public Safety Department 8,461,770 6,457,386 76% Public Works 4,391,783 2,537,786 58% Recreation & Parks 1,504,981 989,697 66% Technology 429,067 259,258 60% Total General Fund Revenues $ 14,263,763 $ 16,760,374 118% Total General Fund Appropriations $ 16,798,751 $ 11,471,088 68% CAPITAL FUND REVENUES % to Budget Actual YTD Budget Intergovernmental $ 21,320,072 $ 890,479 4% Benefit Assessments 195,000 123,455 63% Loan Proceeds 14,213,097 - 0% Other Revenue 23,000 23,925 Transfers 12,048,140 - 0% CAPITAL FUND APPROPRIATION BY ACTIVITY Planning 150,000 40,930.00 27% Facilities 10,470,502 1,795,837.32 17% Public Safety Department 740,461 393,234 53% Public Works 2,952,096 811,503 27% Sewer 28,276,123 4,783,308 Water 6,556,180 643,695 Technology 750,000 273,160.78 0% Rec & Park 438,655 227,443.50 0% Total Capital Fund Revenues $ 47,799,309 $ 1,013,667 2% Total Capital Fund Appropriations $ 50,334,017 $ 8,969,112 18% UTILITY FUND REVENUES % to Budget Actual YTD Budget Small Meter - City $ 4,800,000 $ 3,594,010 75% Small Meter - County 3,205,881 2,459,677 77% Large Meter - City 2,236,200 1,513,812 68% Large Meter - County 1,649,850 1,230,569 75% Reclaimed - County 25,000 45,404 182% Charges for Services 983,966 1,213,371 123% Benefit Assessment Fees 510,000 296,630 58% Carroll County Septage Facility 300,000 123,335 41% UTILITY FUND APPROPRIATION BY ACTIVITY Facilities 84,433 39,069 46% Finance 633,518 460,218 73% Executive & Legislative 686,767 434,442 63% Human Resources 348,129 187,482 54% Planning, Zoning & Development 329,388 166,256 50% Public Works 628,551 349,273 56% Technology 859,430 547,540 64% Utilities 1,963,476 1,309,773 67% Water 2,888,578 1,401,727 49% Wastewater 3,184,993 2,174,543 68% Total Utility Fund Revenues $ 13,764,828 $ 8,128,985 59% Total Utility Fund Appropriations $ 11,607,263 $ 7,070,323 61% 2 FIBER FUND OPERATING REVENUES % to Budget Actual YTD Budget Provider Fees - Units Passed $ 432,072 $ 329,244 76% Provider Fees - Subscriptions 396,155 342,675 87% Miscellaneous - 649 0% Loan Proceeds 61,722 50 0% General Fund Subsidy 607,144 - 0% FIBER FUND OPERATING EXPENDITURES Public Works 84,234 61,575 73% Technology 44,489 36,510 82% Fiber 1,362,772 1,011,962 74% Total Revenues $ 1,497,093 $ 672,618 45% Total Expenses $ 1,497,095 $ 1,113,042 74% Net Income (Loss) $ (2) $ (440,424) PUBLIC HOUSING FUND REVENUES % to Budget Actual YTD Budget Housing Assistance Payments $ 2,465,279 $ 1,767,038 72% HUD Administrative Fee Distribution 266,544 233,961 88% Miscellaneous Income 167,750 244,524 146% PUBLIC HOUSING FUND EXPENDITURES Salaries & Benefits $ 249,438 $ 184,513 74% Administration 218,940 212,307 97% Housing Assistance Payments 2,565,175 1,788,006 70% Facilities 45,800 178 0% Total PHA Fund Revenues $ 2,899,573 $ 2,245,523 77% Total PHA Fund Appropriations $ 3,079,353 $ 2,185,004 71% 3 Disbursements between $10,000 and $25,000 from March 22, 2023, through April 17, 2023: Invoice Date Vendor Name Total Amount 8/28/2022 GOVHR USA LLC $10,404.48 2/23/2023 UNIVAR SOLUTIONS USA INC $15,225.41 2/24/2023 PLAYGROUND SPECIALIST INC $10,435.16 3/3/2023 KAPPE ASSOCIATES INC $19,599.00 3/9/2023 TRUIST BANK $13,340.56 3/10/2023 INL CONSTRUCTION LLC $19,388.70 3/20/2023 LINCOLN FINANCIAL GROUP $10,777.94 3/21/2023 TRUIST BANK $12,389.00 3/22/2023 TRUIST BANK $12,333.98 3/23/2023 SMITH ELLIOTT KEARNS & COMPANY $13,379.70 3/27/2023 UNIVAR SOLUTIONS USA INC $14,275.01 3/28/2023 SOUTHERN STATES COOP INC $15,365.25 3/31/2023 BROWN SCHULTZ SHERIDAN & FRITZ $13,550.00 3/31/2023 NATIONWIDE RETIREMENT SOLUTION $15,951.10 3/31/2023 COMPTROLLER OF MARYLAND $21,568.64 4/11/2023 DELL MARKETING LP $20,512.96 4/14/2023 NATIONWIDE RETIREMENT SOLUTION $15,379.91 Family Center P&L Month of March 2023 Balance of % of Budget Family Center Revenues Budget Month to Date Year to Date Budget Used 100.444103 Rec & Parks: Family Center $217,548.00 $12,819.60 $241,191.06 ($10,823.70) 104.98 Balance of % of Budget Family Center Expenses Budget Month to Date Year to Date Budget Used 70.101.4111 Regular Full-Time 76,909.00 3,919.68 43,691.29 33,217.71 56.81 70.101.4113 Temporary Employees 136,000.00 11,626.27 101,038.86 34,961.14 74.29 70.101.4114 Overtime 1,000.00 119.82 914.65 85.35 91.47 70.101.4123 Opt-Out 1,696.00 171.90 1,306.45 389.55 77.03 70.101.4311 Retirement & Pension Contributions 10,702.00 0.00 8,258.43 2,443.57 77.17 70.101.4313 Deferred Compensation Matching Plan 911.00 0.00 0.00 911.00 0.00 70.101.4314 Worker's Compensation 4,049.00 356.56 4,046.28 2.72 99.93 70.101.4322 Medical Insurance 14,212.00 -683.25 17,159.20 -2,947.20 120.74 70.101.4323 Dental Insurance 797.00 57.70 599.11 197.89 75.17 70.101.4324 Vision Insurance 154.00 9.50 103.59 50.41 67.27 70.101.4325 Employee Assistance Program 96.00 3.39 44.07 51.93 45.91 70.101.4326 Social Security Insurance 16,288.00 1,188.89 11,014.53 5,273.47 67.62 70.101.4327 Short Term Disability Insurance 460.00 24.16 335.49 124.51 72.93 70.101.4328 Long Term Disability Insurance 178.00 9.60 133.46 44.54 74.98 70.101.4329 Life Insurance 108.00 5.50 76.99 31.01 71.29 70.101.5500 Contractual Services 10,956.00 3,409.80 7,119.00 3,837.00 64.98 70.101.5630 Repairs - Machinery & Equipment 15,000.00 512.53 8,735.69 6,264.31 58.24 Total Family Center 289,516.00 20,732.05 204,577.09 84,938.91 70.66 Profit/Loss ($71,968.00) ($7,912.45) $36,613.97 Housing Services Housing Choice Voucher Program • Housing Assistance Payments (HAP) = $198,975 • Number of vouchers under lease as of the last day of the month = 270 • Wait list total active applicants = 847 4 • Number Ports into City = 27 • Housing inspections = 72 • Filing rate in PIC = 98.7% Code Enforcement During the month of March 2023, the Code Enforcement Officer issued 6 code violations of which 5 were closed during the period leaving 1 open as of the end of the month. Those that remained open at the end of the month were because the time to remedy the violation was after the end of the month. Below is a depiction of the violations by type for the month of March. Type of Violation Number of Violations Percentages Rubbish & Garbage 2 33% Other 4 67% CODE VIOLATIONS MARCH 2023 33% Rubbish & Garbage 67% Other 5 Technology Services • Total Helpdesk tickets = 191, broken down below by department: o Technology Services = 53 o Westminster Police = 34 o Public Works = 11 o Human Resources = 27 o Finance = 26 o Office of the City Administrator = 11 o Public = 5 o Recreation and Parks = 9 o Community Planning and Development = 11 o Housing and Code Enforcement = 3 o Engineering = 0 o Mayor & Common Council = 1 Projects: • Admin building public meeting room setup for streaming – planning – This is to potentially move meetings to 45 • City fiber installation in City offices – planning – Providing our own fiber between City locations • WWTP Technology closet – planning – Waiting on construction to complete to begin work • Upgrading police ticketing enforcement software – planning - IPS Currently – Current system 20+ old. Meeting/demos but never went above to admin. • Camera system for Recreation Dept – planning – Currently have 1 and around Babylon – this years budget to put in another 5 cameras in REC Center • Planning digital submission platform – planning – CloudPermit / Planning Discussions • Hardware replacement cycle – in progress • Server Refresh – in progress • Financial system upgrade from Eden to Munis – in progress • Admin building conference room second-floor setup – in progress – last thing is AVMaryland – Wanted to come and take TV off wall and mount everything. Waiting on last steps (Fit/Finish) • Admin building Housing conference room setup – in progress (Completed last week) • Reviewing 311 platform – in progress Demos on see click fix, cityworks. Got quote & numbers and told to hold off. 6 Community Planning & Development COMMUNITY PLANNING AND DEVELOPMENT PERFORMANCE MEASURES March 2023 Historic District Commission Items 2 Planning and Zoning Commission Items 3 Tree Commission 5 Administrative Adjustments 2 Pre Submittal Meeting 1 Building Permits Approved 36 Downtown Businesses Owner Inquiries 3 Downtown Businesses Visited 4 Use and Occupancy 3 Zoning Verification Letters 2 The Department of Community Planning and Development (“DCPD”) provided professional staff reports and support for the Mayor and Common Council (“M&CC”); Economic and Community Development Committee of the Mayor and Common Council (“ECDC”); Historic District Commission (“HDC”); Board of Zoning Appeals (“BZA”); Planning and Zoning Commission (“PZC”); and Tree Commission (“TC”). December is a month when Commissions typically take a break from meeting if possible. • On March 1, 2023, the HDC met to discuss the following items: o Architectural review of a proposed renovation to the existing house at 30 Webster Street. The two-story addition is to be 2,177 square feet and is to include new stairs, kitchen pantry, bedrooms, bathrooms and garage. o Architectural review for 285-287 East Green. ZFP Capital LLC is proposing to raze one building and a portion of the second of the property. The first being a wood-sided 8,000 sq. ft. building located at 285 E. Green Street. The second being a masonry block 625 sq. ft. building attached to a larger portion (22,260 sq. ft.) of the building. • The March 7, 2023, the BZA meeting was cancelled. The next scheduled BZA meeting is April 4, 2023. 7 • On March 16, 2023, the PZC met and discussed the following items: o Election of Officers. As several Planning and Zoning Commission members were not present at the meeting, the election of officers was postponed. o City of Westminster Planning Annual Reporting Information Certification. This is annual information they the City of Westminster provides to Carroll County Government to incorporate into the overall Carroll County Planning Annual Report. Carroll County Government submits it to the State on behalf of all of the municipalities by July 1, 2023. o Water and Sewer Master Plan Triennial Update-City of Westminster Consistency Certification. The Planning and Zoning Commission certified that the additions to the City of Westminster Water and Sewer chapters as part of the triennial update are consistent with the City of Westminster Comprehensive Plan. • On March 6, 2023, DCPD staff participated in the Downtown Business Association (DBA) meeting. Some businesses within Winchester Exchange are staying open until 8:00 p.m. on the first Thursday of the month and there is a hope that more businesses will join in the promotions. The next scheduled DBA meeting is April 3, 2023. • On March 8, 2023, the Tree Commission met and discussed the following items: o 2022 Forestry Workshop Recap o 2023 Forestry Workshop Discussion/Details o 2023 Arbor Day Celebration o 2022 Tree USA and PLANT Award Designation o Wakefield Valley Spring 2023 Planting Information • On March 15, 2023, DCPD met with City Administrator Sara Imhulse and Director of Finance Theresa Rodgers to discuss the department’s FY24 operating budget. • On March 16, 2023, DCPC staff met with representatives from Heir of the Dog Brewing Company to discuss their interest in moving into the City of Westminster. • On March 20, 2023, DCPC staff met with the engineers for Starbucks to discuss the Amendment to Site Plan process for a second Westminster location at 200 Clifton Boulevard. • On March 21, 2023, DCPD staff attended the Carroll County Planning and Zoning Commission meeting for Annexation 75, LEF Stone Chapel and MJF Stone Chapel 8  LLC. Annexation Resolution 23-02 (Annexation No. 75) was introduced to the Mayor and Common Council on February 13, 2023. • On March 21, 2023, an Administrative Adjustment hearing was held for two cases. o An Administrative Adjustment was granted for 404 Malcolm Drive Westminster, Maryland 21157 (SDAT# 07-00588) to: 1) Zoning Ordinance Section 164-45.1 (c) to allow for a reduction of the five-foot requirement from an adjacent lot, 2) Zoning Ordinance Section 164-115. (D)(3) to allow for a relief of three feet from the required 25 feet of drive aisle width in the parking garage, and 3) Zoning Ordinance 164-211 (K) to allow for more than 0.1 foot candles of light beyond the property line onto areas buffered by woods. The applicant is requesting the administrative adjustments to construct a 40,000 square foot medical building at 404 Malcolm Drive. o An Administrative Adjustment was also granted for 71-73 W Main Street (SDAT # 07-064950) to: 1) Zoning Ordinance Section 164-111.C to allow a reduction in the number of required parking spaces, and 2) Zoning Ordinance Section 164- 112 (G) to allow for the four parking spaces on site to be able to back out into Union Alley. The applicant is requesting the administrative adjustments to modify an existing building for residential and commercial uses. • On March 22, 2023, DCPD staff met with the property owner and attorney for 535 Old Westminster Pike to discuss next steps for the allocation of additional water required for a new Endoscopy Center. This property is located outside of the City of Westminster and not contiguous to the City boundary. • On March 23, 2023, DCPD staff attended a Carroll County Pre Submittal Meeting for proposed McDaniel College site improvements (sidewalks, driveways, pavilion, and restroom) • On March 24, 2023, DCPD staff met with the property owner and developer for a potential residential subdivision off of Bell Road to discuss the process and next steps. 9 • On March 24, 2023, DCPD staff gathered with the Carroll County Downtowns group in Union Bridge to discuss marketing our Main Streets. The next Carroll County Downtowns group meeting is tentatively scheduled for May. • The Economic Development Coordinator attended the Main Street America Conference in Boston, March 27-30, 2023. It was valuable training for the importance of a Main Street work plan with a focused implementation strategy and utilizing demographic information to guide reaching the locals. Seminars stressed the importance of equitable economic development and included case studies/resources for American with Disabilities Act improvements. Staff is making notes to share with the DBA and working to incorporate key lessons learned in Downtown Westminster. • On March 28, 2023, DCPD staff met with the property owner and attorney for 1030 Baltimore Boulevard (the Property), which is located outside the City, to discuss next steps for the allocation of additional water required for an existing commercial building at the Property and possible annexation of the Property, as well as the future plans and annexation of the adjacent undeveloped 17- acre parcel located north of the Property. • On March 30, 2023, DCPD staff attended the Carroll County Board of Commissioners meeting for Annexation 75, LEF Stone Chapel and MJF Stone Chapel LLC. The Board of Commissioners moved to continue the Annexation 75 review to April 6, 2023. Annexation Resolution 23-02 (Annexation No. 75) was introduced to the Mayor and Common Council on February 13, 2023. • Thirty-six (36) building permits were reviewed and approved for projects within the City. Three of the approved permits were for a Final Release: two for new residential units, twelve were for new commercial businesses or commercial renovations and 10  twenty-two were for residential decks and miscellaneous projects. The following highlights a few of these permits: a. Tenant Fit-out “Flourish Beauty” at 15 E. Main Street, Suite 116 b. Tenant Fit-out “Music and Arts” at 210 Malcolm Drive, Suite 110 c. Tenant Fit-out “Popshelf” at 400 Englar Road, Suite I d. Fireworks Sales Prefab Shed at TownMall. e. East Middle School Retaining Wall • Finally, DCPD staff members continue to manage site development plans, plats, simplified site plans, and permits submitted to the City for review and compliance with adopted rules and regulations and answer hundreds of inquiries every month via email, by phone, via Zoom, and in person. DCPD continues to meet with applicants and their attorneys to discuss annexations, proposed site development plans, building permits, water and sewer allocations, zoning determinations, verifications, and certificates, and a variety of City applications and processes. Human Resources Benefits/Wellness • Wellness Program o Continuously receiving employee inquiries regarding the status of the Wellness Program for FY23 o In efforts to retain the Wellness program managed by HR staff for FY23. The HR team has revised/drafted communication of memos, information packets and forms that will go out to employees should the program be administered by the city. o Switchbridge LLC has maintained communication with the HR Director regarding what they can provide in a Wellness Program and the benefits to the city. o Spent time preparing drafts for FY23 processing of program for current enrollees to include communication, form updates, point system updates, revised current point system activities, revised and/or updated current wellness program packet. Employee Relations/ HR Customer Service • Assisted an employee with removing a dependent from insurance. • Worked with Finance and Benecon on how to calculate Regular, Part-Time employee’s insurance premiums. • Assisted a Police Recruit going from a Recruit to a full Police Officer with switching retirement systems. • Sent HIPAA training to three employees who needed to take it. • Worked with auditor for HR files. • Assisted employees with their MSRA status and enrollment information for Nationwide 457 and 401(a) plans. • Assisted 2 employees with insurance changes due to qualifying life events. • Assisted finance department with obtaining workers comp payments for several employees. • Provided Chesapeake with needed documentation for ongoing workers comp claims for several employees. 11 • Worked Unemployment Tax Services regarding unemployment cases • Completed two employment verifications forms. • Submitted 1 Impact Statement to DCS • Contacted Eden Helpdesk several times regarding issues with ben/den, new hires, new positions, and reports. • Assisted 1 employee with obtaining Dental/Medical insurance ID cards. • Provided information to employees regarding 457 Deferment plan & 401(a). • Processed/responded to multiple emails/phone calls with LGIT, Benecon, Carroll Occupational Health, Lincoln, Aflac (Invoice discrepancy), UnitedHealth Care (Dental and Vision) and AMWINS (Invoice discrepancy) • Maintaining offer letters, scheduling of fingerprints, pre-employment screening and CPS background form for all summer camp employees. • Printed and distributed Insurance renewal certificates to those who purchased new vehicles. • Consulted with three employees and supervisors on FMLA and one employee for Short- Term Disability processes. • Multiple correspondence and phone calls with Carroll Community College regarding CDL classes. Coordinated scheduling of class for two employees. • Multiple communication with Criminal Justice Information System (CJIS) to setup HR access to the portals, personnel administrator portal, Subscription Application Manager (SAM portal) • Met with Milton Zepp for AED inspection. Ordered AED unit for the Recreation and Parks Department. • Assisted multiple employees with W-4 tax form changes. • Met and assisted employees in various walk-in appointments for HR matters. • Sent inspections, citations and admissions notices to the various departments. • Set up various interviews for Public Works and Rec and Parks Department. • Extended employment offer to 3 candidates to fill vacancy in the Utilities Department. • Scheduled fingerprinting and pre-employment background check (physical/drug screening) • Processed HR accounts payables. • Prepared PA Drivers Authorization for 19 employees. • Collected Probationary Evaluations from Police Department. Employment/Recruitment • Advertisements: Internal External Internal External Applications Applications Advertisements Advertisements Processed Processed Full-time 3 3 0 29 Part-time 0 0 0 2 Temporary 0 0 0 7 Seasonal 0 0 0 0 • Processed: New Hire Employee Internal Terminations/ Documentation Orientations Transfers Promotions Retirement 12  Full-time 7 2 0 2 4 Part-time 0 0 0 0 0 Temporary 1 0 0 0 0 Seasonal 9 0 10 0 0 • Signed HR up for two virtual job fairs and one in-person job fair for April. • New hires in Technology, Recreation and Parks, Utilities, and Finance. • Processed and distributed applications for the following vacancies: o Police - Sworn (8) o Police – NonSworn (5) o Human Resources (3) o Public Works (1) o Finance (9) o Recreation and Parks (9) o Recreation and Parks Summer Hires (17) o Utilities (7) • Processed 1 Promotion • Processed 3 employee terminations. • Processed 1 Shift differential. • Hired five new employees, two for the Utilities Department and one for Police, one for Finance, and one for Recreation and Parks. • Assisted the Utilities, Recreation and Parks Department with setting up interviews and also sending out notifications of decline to applicants. Projects • Revised one risk management policy and drafted a new risk management policy. Risk Management • Insurance Claims Filed Mobile Sewer Workers’ Automobile Liability Equipment Property Back-up Compensation 4 0 0 0 0 2 • Four incidents reported, 2 were reports only and the other two were accidents. • Set up MCET Training (LockOut/TagOut, Confined Space and Excavation) training for April and May for Public Works employees. • Set up CRP training classes with Chesapeake for April and May. • Worked with Public Works to get an updated list of all city vehicles and mobile equipment with all pertaining information. • Sent five public works employees to Carroll Occupational Health to update their DOT Medical Certificate. • One workers compensation claim filed for Police. • Updated the several vehicle deletions and additions coverage in LGIT portal. • Updated the random list by removing employees who termed and adding the new hires with Frederick Health Employer Random Drug Program. 13 • Coordinated random drug testing for 11 employees per the City’s Drug-Free Workplace policy. Positive cases 0. • Four employees were tested for COVID for the month. We had 2 positive results and 2 negative results, maintained COVID testing spreadsheet and communication with employees and supervisors regarding employee results, quarantine, and return to work dates. • Received call from a Citizen reporting that she fell at Winchester sidewalk/parking lost Boiler Inspections • Coordinated boiler inspection for 45 W. Main Street Training/Meetings • One-on-one/HR Team meetings with the HR Director to discuss, research, resolve HR issues weekly. • HR Analyst Marlee Ranoull participated • HR Analyst Denise Parissi participated • Training with DHR for CPS/Summer Hires Portal for 2023 Youth Camp Renewal Application • Two days of Training in Eden with Eden Support Help Desk • HR Director Rae McCullough participated in insurance renewal meetings with Benecon and Lincoln representative and City Administrator. Attended other meetings Personnel Committee Meeting, State of Maryland Annual invoices for the employer pension contributions & Leave of Absence Police Department Time Frame Police Calls Adult Juvenile DUI Traffic Foot/Bike/T3 For Service Arrests Arrests Arrests Citations Patrol Hours March 2023 897 27 3 4 120 169 March 2022 1102 62 2 3 219 340 2023 YTD Total 2712 73 15 5 346 487 2022 YTD Total 2831 133 9 18 694 950 Significant Cases in March: Crime: Burglary Date: 03/02/2023 Location: South Center Street Details: Officers responded to the location of a domestic incident. While investigating this incident, a male was in the residence who did not have permission to be there. The male was arrested. Status: Arrest – Mark Lee (55 YOA) Crime: Vehicle Theft Date: 03/02/2023 Location: Mathias Court 14 Details: The victim reported that he heard an unknown person(s) starting his motorcycle. The victim ran outside and observed his motorcycle being driven away. The investigation is continuing. Status: Open Crime: Burglary Date: 03/07/2023 Location: Charles Street Details: The suspect called police to tell them he had broken the door lock when entering his ex-girlfriend’s apartment to retrieve his belongings. Upon arrival, the suspect told officers he was not on the lease. The investigation revealed the suspect and the victim had ended their relationship four months prior. The suspect was arrested. Status: Arrest – Keith Johnson (24 YOA) Crime: Burglary Date: 03/20/2023 Location: South Church Street Details: The victim stated he was sitting in his residence when a male suspect entered through the unlocked front door. The victim did not know the male. The male fled and was subsequently apprehended by officers. Status: Arrest – Victor Ortiz (24 YOA) Crime: Attempted Armed Robbery Date: 03/24/2023 Location: Englar Road Details: The victim reported depositing money at the PNC ATM machine. Upon returning to his vehicle, a female opened the driver’s side door. The female pointed a gun at the victim and demanded money. The victim stated that he did not have any money. The female returned to her vehicle and fled the area. A partial tag was obtained and entered into NCIC. Detectives identified the male suspect from video and obtained an arrest warrant. Detectives are continuing the investigation to include search and seizure warrants to identify the female suspect. Status: Arrest – Daniel Moss (47 YOA) DEPARTMENTAL INFORMATION 1. On 03/14/23, WPD staff organized and participated in the Chamber of Commerce Leadership Carroll Class - Justice and Law Day. Staff created interactive scenarios and participated in a Q & A session with the class members. 2. On 03/15/23, PFC. Alex Daugherty earned his Police Officer First Class designation. 3. On 03/17/23, Officer Stephen Winkler graduated from the Police Academy and is currently in field training. 4. On 03/27/23, Trevino Elliott started as a new lateral police officer. He is currently attending a four (4) week comparative compliance training course. 5. On 03/28/23, Sgt. Michelle Donovan earned a promotion to the rank of Lieutenant. 15 Recreation & Parks Family Fitness Center Revenue: $27,585 Family Fitness Center Expense: $20,732 Family Fitness Center Membership Usage Membership Package % of Total Entries Family 26 923 Family with Childcare 14 525 Punch card 1 48 Individual 49 1,767 Student/Youth 10 346 Total Entries 3,609 Total Unique Members 504 Resident and Non-Resident Membership Packages Membership Package # of Members Percentage Family 95 Resident 47 51% Non-Resident 48 49% Family w/ Childcare 29 Resident 13 43% Non-Resident 16 57% Individual 296 Resident 117 41% Non-Resident 179 59% Youth/College Student 61 Resident 41 72% Non-Resident 20 28% Total # of Memberships 481 Total Resident 218 47% Total Non-Resident 263 53% Group Fitness Class Attendance: o Barre/TRX – 133 o Circuit/Interval/Strength – 904 o Cycle – 324 o Pilates/Stability Ball - 86 o Yoga - 263 o Zumba & Dance – 262 Total Attendance: 1,972 March 1, 8, 15, 22, 29: Held weekly special event progress meetings with staff. 16 March 1: Submitted MHAA grant application to obtain funds to continue restoration work at the Durbin House. Held logistics meeting with the Streets Department in preparation for the Celtic Canter and Irish Festival. Drove race route with Lt. Rife and Steve Strawsburg to discuss volunteer and police posts. March 3: Attended the Streets Department budget meeting. Attended a presentation by Wickersham Construction about the Wakefield Valley Event Pavilion and Community Room project. Attended the Downtown Business Association meeting. Held a Main Street Mile planning meeting with race director Sandy Mathias. March 7: Attended a pool progress meeting with the Keller Brothers team. Participated in a virtual meeting to discuss the City’s eligibility to apply for Maryland Bikeways grant money. March 9: FY24 budget meeting. March 11: Celtic Canter & Irish Festival. March 17: Met with the local POS Program Administrator to discuss the logistics of rescoping LPPI funds. March 19-22: Attended the PRPS Conference in Hershey, PA March 23: Participated in a debrief with JBC. March 24: Met with staff to discuss a ribbon-cutting ceremony at the pool. Had another meeting with representatives from DNR to discuss rescoping LPPI funds. March 27: Met with a public adjuster onsite at the Durbin House. Held a wrap-up meeting for the Celtic Canter. March 28: Met with the Streets Department to discuss logistics for the egg hunt. 17 Public Works Water Reclamation Facility Total Flow 125.602 MGD Average Daily Flow 4.052 MGD Sludge (Integrated Agronomics) 542.14 wet tons Septage Sludge 121.93 wet tons • HRI has continued working on the Solids Processing Building and Reactor 5. HRI has also worked on punch list items throughout the project as well as general cleanup of the worksite. • Continued working with GHD and HRI on the startup of the BFP’s in the Solids Processing building and the Screw Press in the County Septage Facility. There have been numerous bugs with both systems that has affected their ability to perform at design capacity. • Continuing delays to the startup of the Denitrification Facility due to issues with the Methanol system and the control valves for the filters. • Attended daily, weekly and monthly meeting related to the construction project. • Two employees are currently attending CDL Class A Truck driving school • Performed over 4,000-laboratory analysis. • Transported recyclables to the County landfill. • Performed routine maintenance. • Replaced the final Return Sludge Pump • Various meetings with the Project Engineer (GHD) and the contractor (HRI) regarding the status of the project, the impact on plant operations, and upcoming events. Utility Maintenance • Water leaks o Locust St at Tuc Road • Sewer blockages o 912 Washington Road o 823 Ewing Drive (Main) o 20 Milton Avenue o 65 Sable Court o 10 Greenvale Road o 341 Fair Avenue o 21 Fitzhugh Avenue o 229 E Main Street • Fiber Drop Installation o 16 Fox Meadow Garth o 813 Hemingford Court o 321 Mayfield Court o 737 Mulligan Lane o 662 Johahn Drive o 170 E Green Street 18  o 930 Litchfield Court o 54 Pennsylvania Avenue o 45 Carroll View Avenue o 314 Greengate Court o 185 Willis Street o 56 Westmoreland Street o 268 E Green Street o 53 Chase Street o 444 Baronets court o 212 Hobbitts Lane o 305 Mayfield Court o 1238 Fairway Drive o 24 Manchester Avenus o 510 Yellow Lily Court o 106 E Green Street o 70 Pennsylvania Avenue o 90 Bond Street o 7 Sullivan Avenue o 13 E Middle Grove Court o 815 Hemingford Court o 77 Pennsylvania Avenue o 365 Pleasanton Road Water Loss Water Main Flushing 0.000 MG Water Leaks 0.02 MG Private Leaks 0.00 MG Sewer Main Flushing 0.02 MG Total Loss 0.04MG • Miscellaneous tasks o Completed high water bill inspections, meter investigations, meter Installations, and meter readings o Completed water, sewer, and fiber markings. o Continuation of sample station installation for WTP o Spring shop maintenance o Spring pump/booster station maintenance o Replace Crystal Ball Station 5 o Sewer cleanout install at 20 Milton Ave • Regular maintenance o Televise and clean sewer mains o Sewer pumping stations o Booster stations and water storage stations o Leak detection 19 Street Department • Grounds Maintenance section performed the following tasks: o Completed daily mowing of City parks, facilities, and storm water ponds o Worked with contractor to mulch all City playgrounds o Mulched tree pits on Main Street o Continued removing brush and getting our storm ponds in compliance with County regulations o Tilled and prepared Community Gardens o Mulch City Hall and Longwell Parking Lot • Building Maintenance section performed the following tasks o Collected parking meter money and maintained meters o Repaired and replaced high visibility signs on City Streets o Set up for Celtic Canter o Repaired leaking pipe at Family Center o Install new picnic tables at City Park o Thermoplastic painting on Woodward Avenue, Englar Road, Hahn Road, Tahoma Farm, and Uniontown Road o Assembled desks at Police Department o Repaired heater, cleaned filters, and changed breakers at Police Department o Painted water fountain at Belle Grove o Rehung Veteran Banners on Main and Penn Avenue o Set up, Executed and Cleaned up Easter Egg Hunt • Streets and Alleys section o Removed brush, metal, yard waste, and bulk trash o Transported materials to County landfill: Street Baskets • 1.83 tons Bulk Trash • 28.99 tons Brush • 18.41 tons Yard Waste • 16.07 tons Street Sweepings • 7.03 tons Leaf Vac • 0 tons Metal • 2.17 tons o Scheduled bulk trash collection o Set dumpsters for larger piles of bulk trash o Assisted with cleaning of City parking lots • Street Maintenance Section o Assisted with bulk pickups o Catch basin repairs on Sullivan Avenue o Mill and pave 160 foot patch on Dover Alley o Assist with Hobbitt’s pond project o Rebuilt three catch basins on Rich Mar Street 20  o Pave 30 foot utility patch on Sullivan Avenue Engineering • HRI, Inc. (the general contractor for the ENT/Biosolids Upgrade Project) continued construction and testing equipment of the Wastewater Treatment Plant Denitrification Building. Other work included Solids Processing Building; work on the County Septage Facility; construction of Reactor # 5. GHD, the project engineer, continued review of submittals and RFIs and Project Management/ Inspection. • Guyer Brothers started to work on the I&I Project Phase V (Design-Build). The Contractor is working on design and obtaining permits, sewer line replacement and liner installation into the existing sewer lines. • Wallace-Montgomery and the City are working with the Carroll County Offices on obtaining grading permit and addressing the comments from the County Office. • The City received bids for Main Street Water Main Replacement Project . • Design of water main replacement between Hahn Rd. and Tuc Rd. is awarded to WR&A Engineers. Agreement between the City and WRA is not signed. • North East Contracting Corporation and the City are working on installation of Roof Upgrades at 45 and 91 W. Main Street Buildings. • The City signed the contract for Replacement of Boilers at 45 W. Main Street Building with Temp Air Company, boilers are on order. • Concrete Protection and Restoration Inc, (CPR) is working on the City Clock Tower project (submitting submittals, scaffolds design, ordering materials, etc.) • Keller, Inc. continues reconstruction of the City Municipal Pool. The project is within the schedule. • The Proposals are under review for building construction at Wakefield Valley Events Pavilion and Community Building. Water Plant • Cranberry Water System Sources – Raw Water to Plant in Million Gallons (MG) Raw Meter Total 47.77029 MG Recycled Water Total 4.25381 MG Recycled Water Recovered 8.905 % CIP Wash Water/Membrane Cells 0.1728 MG Total 47.59749 MG • Raw Water Sources in MG Cranberry Branch 44.13049 MG Hull Creek 3.467 MG Raw Reservoir 0 MG Other 0 MG Total 47.59749 MG 21 • Treated in MG Finished Water Flow Meter 46.81940 MG Station Water 0.070414 MG Total Treated 46.74899 MG Backwash/Recycle Filters 0.1496 MG Delivered to System 46.59939 MG • Wells in Cranberry System in MG Well 3 2.577996 MG Well 4 1.853625 MG Well 5 3.93003 MG Well 6 2.3813 Well 7 4.590232 MG Well 8 0 MG Wells 9 and 10 0 MG Well 11 2.585792 MG Well 12 5.353144 MG Total Delivered to System 69.871505 MG Day of Maximum Usage – 21 2.49657 MG Well 5 Backwash 0.00306 MG Well 7 Backwash 0.50057 MG Well 8 Regeneration Water 0.0 MG Well 12 Backwash 0.60688 MG Daily Average 2.2539195 MG • Hours operated = 744 • Rainfall = 2.33 inches • Raw Reservoir level = 24.4 feet • Wakefield Well System Well 1 2.2925 MG Well 2 3.292692 MG Total Delivered to System 5.585192 MG Filter Backwash 0.00530 MG Daily Average 0.1801675 MG Day of Maximum Usage - 30 0.322472 MG • Other tasks included: o Performed routine maintenance at the wells and Water Treatment Plant o Collected 75 distribution compliance samples o Performed 248 process control checks at 8 Wells o Performed 372 process control checks at the Cranberry Water Treatment Plant o Completed monthly operating reports for the Cranberry and Wakefield Systems o Completed NPDES operating report for Cranberry Water Treatment Plant 22 o Continued work with water reuse project. o Collecting samples and data at Cranberry Reservoir 23 Approval – Additional $10,591.68 for Purchase of SUV from Apple Ford To: Mayor and Common Council From: Cory Stouffer Sr Superintendent Utilities. Date: April 20, 2023 Re: Approval – Additional $10,591.68 for Purchase of SUV from Apple Ford Background The City’s adopted FY 2023 Water and Sewer Fund budget allocates funding for the replacement of trucks and equipment. The proposed purchase is for an AWD SUV. The requested SUV is available via an existing contract between Baltimore County (0005404) and Apple Ford, located at 8800 Stanford Blvd. Columbia MD. Westminster’s procurement code allows the City to piggyback on this competitively awarded contract. On August 22, 2022, Common Council approved the purchase of an SUV from Apple Ford. Since that date we have learned that Ford has run into a problem with the transmissions on the Escapes. This has caused them to stop production of the Escape. Apple Ford has offered a Ford Edge AWD SUV in place of the Escape. The cost of the unit is $36,562.64, inclusive of all selected options, which is $10,591.68 more than what was authorized by Mayor and Council. Further information is provided in the attached quote. Project Funding The FY 2023 capital budget has sufficient funds for this purchase. Recommendation Staff recommends that the Common Council authorize an additional $10,591.68 for the purchase of a SUV from Apple Ford. Attachment • Quote for a 2023 Ford Edge AWD SUV. cc: Sara Imhulse. City Administrator  Fleet/Government Sales 8800 Stanford Blvd. Columbia, MD 21045 04/03/23 City Of Westminster. Quote for 2023 Ford Edge SE AWD Riding the Baltimore County Contract #0004504. Vehicle 2023 Ford Edge SUV AWD $39,012.64 EQ 100A 998 2.0L Ecoboost Engine 44U 8 Speed Auto Trans 51Q Mini Spare Tire/Wheel BLT Bluetooth BC Backup Camera BCCD Baltimore County Contract Discount ($1,350.00) GPC Ford Price Concession ($1,100.00) Color Oxford White Interior Ebony Cloth Delivery Days 60 Days or Less Net Price Per (1) Unit: $36,562.64 Please contact me with any questions, changes, or to finalize your order. I look forward to hearing from you. You can reach me at 443-539-1223 or by e-mail at: Jskipper@AppleFord.com. Thank you, Justin Skipper Resolution No. 23-04 To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Meeting Date: April 24, 2023 Re: Resolution No. 23-04, a Resolution of the Mayor and Common Council granting a non-exclusive license to Chadlyn, L.L.C. in, over and across a portion of the Sycamore Street right of way for purpose of providing a driveway for ingress and egress and providing utilities to Map 0107, Grid 0013, Parcel 0527 (SDAT# 07-060769) subject to the terms and conditions set forth in a license agreement, and approving the license agreement 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, Map 0107, Grid 0013, Parcel 0527) 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 On March 27, 2023, the Mayor and Common Council introduced 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. On April 10, 2023, the Mayor and Common Council adopt Ordinance No. 2023-02 accepting a quitclaim deed to an unimproved portion of Sycamore located between E. Green Street and Winchester Avenue in the City of Westminster. Once Ordinance No. 2023-02 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 (Chadlyn, L.L.C.) for the purpose of providing a driveway for ingress and egress and utilities to the Property, is to be presented to the Mayor and Common Council for review and approval. On April 20, 2023, Ordinance No. 2023-02 became effective. Elissa Levan, City Attorney, in coordination with DCPD, drafted the above referenced license agreement and Resolution No. 23-04, granting a non-exclusive license to Chadlyn, L.L.C. over and across a portion of the Sycamore Street right of way for purpose of providing a driveway for ingress and egress and providing utilities to the Property, subject to the terms and conditions set forth in a license agreement, and approving the license agreement. RECOMMENDATION DCPD staff recommends that the Mayor and Common Council adopt Resolution No. 23-04, as provided in Attachment 1 of this report, granting a non-exclusive license to Chadlyn, L.L.C. over and across a portion of the Sycamore Street right-of-way for the purpose of providing a driveway for ingress and egress and utilities to Parcel 0527, Map 0107, Grid 0013, subject to the terms and conditions set forth in a license agreement, and approving the license agreement. ATTACHMENTS 1. Resolution No. 23-04 2. License Agreement - Sycamore Street 3. Sycamore Street Right-of-Way Exhibit cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney Mayor and Common Council Resolution No. 23-04 April 24, 2023 Page 2  RESOLUTION 23-04 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF WESTMINSTER, MARYLAND GRANTING A NON-EXCLUSIVE LICENSE TO CHADLYN, LLC IN, OVER AND ACROSS A PORTION OF THE SYCAMORE STREET RIGHT OF WAY, FOR PURPOSE OF PROVIDING A DRIVEWAY FOR INGRESS AND EGRESS AND PROVIDING UTILITIES TO “LT PT 9-1/2 OF 10 – 7,854 SF SYCAMORE STREET”/MAP 0107, GRID 0013, PARCEL 0527 SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN A LICENSE AGREEMENT, AND APPROVING THE LICENSE AGREEMENT. WHEREAS, the Mayor and Common Council of Westminster (hereinafter, the “City”) is a municipal corporation in the State of Maryland, organized and operating under a Charter in accordance with Article X1E of the Constitution of Maryland, and Md. Code Ann., Local Government Article, Title 4; and WHEREAS, Chadlyn, L.L.C. is the owner of certain property located northeast of the intersection of Winchester Avenue and Sycamore Street in the City of Westminster, known as Parcel 0527, Map 0107, Grid 0013 and referred to as “LT PT 9 - ½ of 10 – 7854 SF Sycamore St., Westminster,” (the “Property”); and WHEREAS, Chadlyn, L.L.C. desires to construct a single-family house on the Property; and WHEREAS, the Property fronts an unimproved portion of Sycamore Street, which is the only unimproved portion of Sycamore Street between its intersections with E. Greene Street and Winchester Avenue; and WHEREAS, Chadlyn L.L.C. requires ingress and egress access to the Property and to locate utilities to serve the house within the unimproved portion of the Sycamore Street right-of-way; and WHEREAS, Chadlyn, L.L.C. has requested the use of a portion of the unimproved portion of Sycamore Street that fronts the Property, for purpose of providing ingress and egress, as well as utilities to the Property; and WHEREAS, at this time, the City of Westminster does not plan to improve that portion of Sycamore Street on which the Property fronts and open it to public use until such time as the property on the south side of Sycamore Street is developed; and WHEREAS, without a license or easement from the City, Chadlyn, L.L.C. would not have access to the Property; and WHEREAS, the Department of Community Planning and Development and the Department of Public Works recommend that the City grant Chadlyn, L.L.C. a non- exclusive revocable license to access the Property and be subject to all applicable City development regulations and permitting requirements; and WHEREAS, the Mayor and Common Council has determined that it is in the public interest to grant to Chadlyn, L.L.C., a limited, non-exclusive license to use the Sycamore Street right-of-way to construct, maintain and repair, and to use for access to the Property as described in the License Agreement attached hereto as Exhibit A, subject to the terms and conditions set forth therein. NOW THEREFORE BE IT RESOLVED by the Mayor and Common Council of the City of Westminster that: 1. The City of Westminster hereby grants a limited, non-exclusive license to Chadlyn, L.L.C. to use a portion of the Sycamore Street right of way, for purposes of providing a driveway for ingress and egress to a single family home to be constructed on “LT PT 9-1/2 of 10 – 7,854 sf Sycamore Street”/Map 0107, Grid 0013, Parcel 0527 (the “Property”) and providing utilities to the Property, in accordance with the terms and conditions set forth in the License Agreement attached hereto as Exhibit A. 2. The License Agreement attached as Exhibit A is hereby approved and the Mayor is hereby authorized, empowered and directed to execute the Agreement and any additional documents deemed necessary or appropriate to recognize the granting of the limited, non-exclusive license to Chadlyn., L.L.C., to impose conditions upon the use of the Sycamore Street right of way by Chadlyn, LLC, to address maintenance obligations, insurance requirements, indemnity obligations and other such matters as may, in the discretion of the Mayor, be deemed necessary to protect the interests of the City of Westminster and its citizens. INTRODUCED AND ADOPTED this 24th day of April, 2023 ______________________________ Douglass A. Barber, City Clerk APPROVED this 24th day of April, 2023 ______________________________ Dr. Mona Becker, Mayor APPROVED AS TO FORM AND SUFFICIENCY, this 24th day of April, 2023 ___________________________ Elissa D. Levan, City Attorney 2  LICENSE AGREEMENT THIS LICENSE AGREEMENT, (hereinafter “this Agreement”), is made this 24th day of April, 2023, by and between the Mayor and Common Council of Westminster (hereinafter, “the City”), a municipal corporation of the State of Maryland, with offices at 1838 Emerald Hill Lane, Westminster, Maryland 21157, and Chadlyn, LLC (hereinafter, “the Licensee”), a Maryland Limited Liability Company, whose address is 1963 Polaris Road, Finksburg, Maryland 21048-2070. RECITALS A. The City is the owner of a public right-of-way known as Sycamore Street. B. Sycamore Street is improved or partially improved southwest of its intersection with E. Greene Street for approximately one hundred eighty feet (180’) and unimproved northeast of its intersection with Winchester Avenue. See Attached Exhibit A. Approximately one hundred feet (100’) of Sycamore Street is unimproved. C. The Licensee is the owner of property located adjacent to part of the unimproved portion of Sycamore Street, known as “LT PT 9 - ½ of 10 – 7854 SF Sycamore St., Westminster,” which it obtained by deed recorded in the Land Records of Carroll County, Maryland at Liber 9830, Folio 455, also referred to as Map 0107, Grid 0013, Parcel 0527 (the “Property”). D. The Licensee desires to construct a single-family home on the Property and to use a portion of the unpaved Sycamore Street to construct a driveway to access the Property and to install utilities, which given the topography of the Property is the only potential means of access to the Property. E. The Licensee desires that the City grant it a license to authorize the Licensee to construct a pervious (unpaved) driveway, to install utilities, and generally to maintain a driveway within an unimproved portion of Sycamore Street (“the Licensed Area”). The Mayor and Common Council of Westminster authorized this Agreement and the license granted herein, via Resolution No. 23-04. F. It is the desire of the City to grant permission to Licensee to use a portion of its right-of-way known as Sycamore Street for the purposes hereinabove described, according to the terms and conditions of this Agreement. The City's grant of the License contained herein is the resolution of a unique situation and is not intended to establish a precedent of allowing the private use of public right-of-way within the City of Westminster. NOW THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The recitals above are hereby adopted and incorporated 1 herein as terms and conditions of this Agreement as if fully set forth herein. 2. License. The City hereby grants to the Licensee, and the Licensee hereby accepts, a personal, non-exclusive, revocable and non-transferable (except as set forth in paragraph 3 below) License to use the Licensed Area described in this Agreement, for the sole purposes of locating, constructing, reconstructing, maintaining and repairing a pervious (unpaved) driveway to access a house to be constructed on the Property by means of a pervious (unpaved) driveway, installing and/or connecting to utilities within the Licensed Area and maintaining the Licensed Area in suitable condition for vehicular traffic, subject to the terms and conditions set forth in this Agreement. The License granted herein is non- exclusive and the City retains the right to improve Sycamore Street at any time it deems appropriate and to remove the driveway and any other improvements installed within the License Area, and the public in general continues to have the right to traverse, use, and enjoy the benefits of the right-of-way, notwithstanding the License granted herein. The Licensed Area shall be approximately thirty-eight feet (38’) wide and located within the City’s right of way known as Sycamore Street, extending for a distance of approximately fifty-one to sixty feet (51’ – 60’) northeast from Winchester Street to the Property, as depicted in the attached Exhibit A, p.2. See Exhibit B for the extent of the proposed improvements to be located within the Licensed Area. 3. License Transferable. The License shall be transferred with title to the Property and a failure by the Licensee to transfer the License granted herein at such time as the Property is sold or otherwise transferred by the Licensee to any third party shall immediately void the License granted herein; nevertheless the execution or consummation of a contract of sale shall in no instance confer a fee interest in the Licensee or its successors in interest and the License shall continue to be terminable and revocable by the City in accordance with the provisions of Paragraph 2 hereof. The Licensee agrees to give the City written notice, by certified mail, of Licensee's anticipated transfer of the Property, at least 45 days prior to the transfer. The rights of the Licensee and/or its successors in interest under this Agreement cannot be assigned. The responsibilities of the Licensees and/or their successors in interest under this Agreement cannot be delegated. 4. License Fee. The Licensee shall not be required to pay a license fee as a condition precedent to the granting or continued validity of the License granted herein. 5. Limitations on Use of Licensed Area. The Licensee is entitled to use the Licensed Area described above for the sole and exclusive purposes of access to the Property, installation of utilities, and maintaining the Licensed Area. Prior to any work in the Licensed Area, plans shall be submitted to the City for its approval. Said plans shall include all proposed improvements. Prior to any construction or reconstruction, the Licensee shall obtain all necessary permits and shall meet all requirements of the Westminster City Code, Zoning Ordinance of the City of Westminster and all Carroll County regulations. Licensee may not, at any time, cause the right-of-way to be blocked to pedestrian traffic, except as allowed and coordinated with the City. Except for the construction and maintenance of the driveway authorized by this License, nothing in this Agreement authorizes the Licensee to construct or maintain any other improvements within the public rights of way of the City of Westminster, Maryland. 2  6. Maintenance of Facilities. The Licensee shall, at its own expense, and at all times, maintain the License Area in a safe condition for vehicular and pedestrian traffic. The Licensee shall be responsible for all repairs required to keep the License Area in a safe condition and for ensuring that the driveway complies with all applicable laws, codes and regulations. The Licensee is required to remove snow, ice, or other dangerous conditions from the License Area as soon as practicable. 7. Term of License Agreement and License. The term of this Agreement and the License contained herein, shall commence on the effective date of this Agreement and shall continue until terminated upon the occurrence of any one of the following provisions: a. The City gives sixty (60) days written notice of revocation of the license granted herein. The City has the right, for any cause or without cause, in its sole and absolute discretion, to revoke the License granted herein. b. Upon the failure of the Licensee to obtain all applicable permits and to comply with all City, County, State and Federal laws, ordinances, and regulations, including but not limited to the Zoning Ordinance of the City of Westminster. c. Upon any breach of this Licensing Agreement by the Licensee. 8. Indemnity and Insurance. The Licensee agrees to indemnify and save the City, its officers, employees and agents, harmless from any and all claims, liability, damage, expense, cause of action, suit or judgment arising from injury to person or property in or about the Licensed Area, including but not limited to the Facilities constructed thereon. To assure such indemnity, Licensee shall, within 20 days of the execution of this Agreement, and throughout the term of the License granted herein, place in full force and effect a policy of general public liability and property damage insurance, naming the City as an additional insured with limits of liability of at least $1,000,000.00 for injury or death arising from any one occurrence, and $1,000,000.00 with respect to damage to property arising from any one occurrence. Such policy shall be issued by an insurance company approved by the City, and the Licensee shall deliver to the City at least 20 days after the execution of this Agreement, a certificate of insurance showing the same to be in force and insuring both the City and the Licensee. Said policy shall remain in effect during the entire term of this Agreement and shall provide for 30 days prior written notice to the City before cancellation or modification. 9. Exclusion of Warranty. THE LICENSED AREA IS LICENSED TO THE LICENSEE ON AN “AS IS” BASIS, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF TITLE, MADE OR GIVEN BY THE CITY. 10. Construction/Interpretation of Agreement and License. This Agreement, and the License granted herein, shall not be construed to grant to the Licensee, a leasehold interest, leasehold estate, easement, grant of a right of way, or any estate in land, whether future or present, or any form of possessory estate in the Licensed Area. The Licensee 3 hereby acknowledges that the License granted herein is not coupled with an interest in the rights of way or any other interest and that the License granted herein is revocable, at any time, at the sole and exclusive discretion of the Mayor and Common Council of Westminster, Maryland, or their successors. This Agreement and the License granted herein do not act as a building permit, permission to build, waiver of zoning code provisions, special exception, variance, or any other required action under the Zoning Ordinance of the City of Westminster or any other regulatory requirement. The Licensee hereby acknowledges that in and by this Agreement, the City does not make any representations as to the future disposition of such requests, permissions or permits. 11. Limitation of Liability. In no event shall the City be liable to the Licensee for any indirect, special, or consequential damages or lost profits arising out of or related to this License Agreement or the performance or breach thereof, even if the City has been advised of the possibility thereof. The City's liability to the Licensee hereunder, if any, is hereby waived by the Licensee. 12. Signs. No signs, including “for sale” signs, may be placed within any of the Licensed Area, whether on a temporary or a permanent basis, without the express written permission of the City. The Licensee acknowledges that all signs within the rights of way must be in accordance with the Maryland Sign Manual issued by the State Highway Administration and therefore, no signs for the purpose of advertising may be erected or maintained in the License Area. 13. General. A. The effective date of this Agreement and the License granted herein shall be upon the execution of this Agreement by the City and the acceptance thereof by an authorized representative of the Licensee. B. This Agreement is the sole Agreement between the parties relating to the subject matter hereof and supersedes all prior understandings, writings, proposals, representations or communications, oral or written, of either party. This Agreement may be amended only by a writing executed by the authorized representative of each party. C. This Agreement shall be interpreted in accordance with the laws of the State of Maryland. D. If any of the provisions of this Agreement are invalid under any applicable statute or rule of law, they are, to that extent, modified to conform with such applicable statute or rule of law, and the invalid provision is severable from all provisions which remain, and all such remaining valid provisions shall remain in full force and effect. IN WITNESS WHEREOF, as it is the intent of the parties to this Agreement to create a contract under seal, the parties hereto have set their hands and seals the day and year set forth above. 4 WITNESS: MAYOR AND COMMON COUNCIL OF WESTMINSTER ____________________(SEAL) By: ____________________________________ Dr. Mona Becker, Mayor WITNESS: CHADLYNN, LLC __________________________ BY: ________________________________(SEAL) Name: ______________________________ Title: ________________________________ Approved as to legal form and sufficiency: __________________________________ Elissa D. Levan, Esq., City Attorney 5