Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, January 8, 2024, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. APPROVAL OF MINUTES A) Mayor and Common Council Meeting Minutes of December 11, 2023 3. CONSENT CALENDAR A) Approval of Departmental Operating Report – November 2023 B) Approval of Agreement with State Highway Administration for Salt and/or Aggregate 4. REPORT FROM THE MAYOR 5. REPORTS FROM 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 Resolution 24-01, a resolution of the Mayor and Common Council of Westminster, amending the City’s General Fee Schedule for governmental and proprietary functions of the City with respect to fees charged for use of the Westminster Municipal Pool, Summer Camps, and Family Fitness Center. – Director of Recreation and Parks Gruber 8. UNFINISHED BUSINESS 9. NEW BUSINESS 10. DEPARTMENTAL REPORTS 11. CITIZEN COMMENTS 12. ADJOURNMENT  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting December 11, 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, Interim Director of Public Works Dick, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Levan, and Director of Information Technology Moore PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. PRESENTATIONS Proclamation – Brooke Hagerty, Dedicated Farmers’ Market Manager Mayor Becker presented Ms. Brooke Hagerty with a proclamation of appreciation for her dedicated service to the City’s Farmer’s market as the market’s manager. Presentation of FallFest Checks Mayor Becker presented the 2023 FallFest Charity Partnership Checks to representatives from ConectandoUs, Crossroads Church, Richcroft, and The Westminster Municipal Band. Presentation of Miracle on Main Street Holiday Electric Parade Winners Mayor Becker presented the 2023 Miracle on Main Street Holiday Parade Winners to the following: Best and Brightest – Carroll County Veterinary Clinic; Sprit of the Season – Savage Dance Company; Main Street Champion – Boy Scout Pack 631; and Heart of Westminster – Sterling Quality Water. Presentation of the Veteran’s Day Pickleball Classic Charity Partnership Check Mayor Becker presented the 2023 Veteran’s Day Pickleball Classic Charity Partnership Check to a representative from The Lost Mountain Group. Mayor’s Cup Storefront and Holiday Window Decorating Contest Winners Mayor Becker noted the following winners: Best Classic Display – The Spa on West Main (143 West Main Street); Best Family Friendly Display – LUX Boutique (30 West Main Street); Best Festive Display – Mid-Atlantic Gigabit Innovation Collaboratory (MAGIC) (38 West Main Street). Mayor Becker closed by awarding the 2023 Mayor’s Cup Storefront and Holiday Window Decorating Contest winner to Sterling Quality Water (7 East Main Street). MCDANIEL COLLEGE UPDATE Ms. Jill Centofanti, Dean of Admissions and Financial Aid with McDaniel College provided an update from McDaniel College and provided information on the Carroll County Scholars (CCS) program. APPROVAL OF MINUTES A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to approve the Special Mayor and Common Council Meeting Minutes of November 20, 2023, the Mayor and 1 Common Council Closed Meeting Minutes of November 20, 2023, and the Mayor and Common Council Meeting Minutes of November 27, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Gilbert and seconded by Councilmember Chiavacci to approve the Consent Calendar, which consisted of the following: Approval of Good Cause Waiver 23- 03, additional water and sewer allocation for an accessory dwelling unit located in the existing single- family detached residential dwelling unit located at 152 Bond Street, Westminster, Maryland (SDAT # 07-020473) and Approval of Good Cause Waiver 23-09, additional water and sewer allocation for one single-family detached dwelling unit at Lots 35, 37, 39 and 41 of the Buckingham View subdivision (P.B. 2 PG. 15) along Oak Avenue, Westminster, Maryland (SDAT # 07-022190). VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. REPORT FROM MAYOR Mayor Becker wished everyone a Happy Holiday Season and noted the many wonderful events that are taking place in the City of Westminster during the holiday season. REPORTS FROM COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the continued work being done by the Arts Council regarding their strategic plan. Councilmember Hoff, on behalf of the Economic Community Development Committee, noted the committee’s work on the approval of an annexation agreement that is an item on tonight’s agenda under new business. Council President Pecoraro, on behalf of the Finance Committee, noted the committee’s items they will be addressing at a future committee meeting. Councilmember Chiavacci, on behalf of the Public Safety Committee, noted the following: December 2, 2023, the police department partnered with Westminster Walmart to hold their 21st Annual Shop with a Cop Holiday Day Event, where eleven (11) children and their families were given a great holiday shopping experience while strengthening the relationships between our officers and these community members; December 4, 2023, Chief Ledwell discussed Westminster Police Department operations at the fourth quarter Carroll County Police Accountability Board Meeting; and on December 7, 2023, Chief Ledwell, Sgt. Eckert, and Cpl. Clagett attended the Annual Catherine’s Cause Remembrance Ceremony at the Ascension Episcopal Church. Councilmember Gilbert, on behalf of the Public Works Committee, noted and provided an update on the City of Westminster’s Main Street Water Main Replacement Project Phase II. Councilmember Gilbert, on behalf of the Recreation and Parks Committee, reminded the residents that you can visit Santa at his house on the library's front lawn on the following Saturdays: December 16, 2 and December 23, from 12:00 Noon until 4:00 p.m., as well as taking a free horse drawn carriage ride through downtown Westminster. Councilmember Gilbert closed her report by encouraging residents to stroll through City Park to view the whimsical lights display. COUNCIL COMMENTS AND DISCUSSION Councilmember Chiavacci wished everyone a Merry Christmas. Councilmember Dayhoff wished everyone a Happy Hanukkah and Merry Christmas. Councilmember Gilbert wished Happy Holidays to all the City employees. Councilmember Hoff noted that downtown Westminster looks beautiful. Councilmember Hoff thanked all the departments for all their great work for all the City events. Councilmember Hoff closed by wishing everyone a Happy Holidays. ORDINANCES AND RESOLUTIONS Adoption of Resolution 2023-12, a Resolution of the Mayor and Common Council of Westminster, amending the adopted Water and Sewer Allocation Policy A motion was made by Councilmember Chiavacci and seconded by Councilmember Hoff to adopt Resolution 2023-12, a Resolution of the Mayor and Common Council of Westminster, amending the adopted Water and Sewer Allocation Policy. Director of Community Planning and Development Depo provided the staff report and responded to questions on the item. There was no additional discussion 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 Approving of an Annexation Agreement with High Falcon Reality Corporation for the future annexation of real property located at 1001 Baltimore Boulevard, Westminster Maryland (Tax Map 46, Grid 16, Parcel 0693 and Tax ID 07-027621) consisting of 6.24 ± acres A motion was made by Councilmember Hoff and seconded by Councilmember Chiavacci to approve an Annexation Agreement with High Falcon Reality Corporation for the future annexation of real property located at 1001 Baltimore Boulevard, Westminster Maryland (Tax Map 46, Grid 16, Parcel 0693 and Tax ID 07-027621) consisting of 6.24 ± acres. Director of Community Planning and Development Depo provided the staff report and responded to questions on the item. There was no additional discussion on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. 3 Approval of Police Salary Step Plan A motion was made by Councilmember Chiavacci and seconded by Councilmember Gilbert for the approval of the Westminster Police Department Salary Step Plan. Chief Ledwell provided the staff report and responded to questions on the item. There was no additional discussion on the item. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. DEPARTMENTAL REPORTS Administration City Administrator Imhulse wished the City Staff and the residents of the City of Westminster Happy Holidays. Recreation and Parks Director of Recreation and Parks Gruber wished everyone a Happy Holidays. Director Gruber reminded everyone that during the winter months is when the department prepares for the summer activities such as the camp programs and the preparations for the summer opening of the Municipal Pool. Director Gruber closed by thanking the Mayor and Common Council for their continued support of the Recreation and Parks Department. Public Works Department Department of Public Works Interim Director Dick wished everyone a Happy Holiday. Director Dick noted the Public Works Department are prepared for the winter season. Technology Services (IT) Director of Technology Services Moore provided an update on the City’s Cyber Security Project. Community Planning and Development Director of Community Planning and Development Depo reported that the Board of Zoning Appeals December 5, 2023 meeting and the Historic District Commission December 6, 2023 meeting were both cancelled. Director Depo noted that there are no scheduled applications for the December 21, 2023, Planning and Zoning Commission meeting. Director Depo closed his report by noting that the next Downtown Business Association meeting will be held on Monday, January 8, 2024, at Exploration Commons (50 East Main Street, Westminster, Maryland), at 3:00 p.m. Housing Services Director of Housing Services Brown provided an update on the assistance program application list and advised that the list closed at midnight on December 7, 2023. Westminster Police Department (WPD) Chief of Police Ledwell provided updates on crimes and cases solved recently by the City of Westminster Police Department. 4 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. J. Brooks Leahy, 7 New Winsor Road, addressed the Mayor and Common Council to thank Director of Community Planning and Development Depo, City Administrator Imhulse, and City Attorney Levan for their work on the Annexation Agreement with High Falcon Reality Corporation for the future annexation of real property located at 1001 Baltimore Boulevard, Westminster Maryland. ADJOURNMENT Council President Pecoraro announced that the next meeting of the Mayor and Common Council would be on Monday, January 8, 2024, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 8:06 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 – NOVEMBER 2023 Finance TREASURY REPORTS AS OF November 2023 – UNADJUSTED AND UNAUDITED GENERAL FUND REVENUES % to Budget Actual YTD Budget Taxes $ 14,533,785 $ 10,847,460 75% Licenses and Permits 524,801 224,056 43% Intergovernmental 1,643,615 1,507,187 92% Charges for Services 973,833 574,883 59% Fines & Forfeitures 33,333 19,265 58% Miscellaneous Income 218,526 182,108 83% Transfers (2,199,249) - 0% GENERAL FUND APPROPRIATION BY ACTIVITY Community Support - - 0% Facilities 418,570 100,273 24% Finance 326,222 99,681 31% Executive & Legislative 913,550 373,134 41% Human Resources 213,212 31,043 15% Planning, Zoning & Development 388,102 75,249 19% Housing & Preservation Services 125,987 35,592 28% Public Safety Department 8,943,105 2,808,995 31% Public Works 4,161,739 1,334,785 32% Recreation & Parks 1,718,944 723,134 42% Technology 456,728 194,916 43% Total General Fund Revenues $ 15,728,644 $ 13,354,960 85% Total General Fund Appropriations $ 17,666,159 $ 5,776,801 33% CAPITAL FUND REVENUES % to Budget Actual YTD Budget Intergovernmental $ 12,689,083 $ 447,725 4% Benefit Assessments 313,244 3,840 1% Loan Proceeds - 1,036,500 0% Other Revenue 91,000 51,580 57% Transfers 13,736,458 - 0% CAPITAL FUND APPROPRIATION BY ACTIVITY Planning 200,000 4,600.00 2% Facilities 8,211,725 1,593,916.53 19% Public Safety Department 530,894 254,150 48% Public Works 4,850,612 589,636 12% Sewer 2,682,000 1,108,785 Water 10,808,363 485,233 Technology 200,000 48,136.76 0% Rec & Park 330,978 24,481.27 0% Total Capital Fund Revenues $ 26,829,785 $ 1,539,645 6% Total Capital Fund Appropriations $ 27,814,572 $ 4,108,939 15% UTILITY FUND REVENUES % to Budget Actual YTD Budget Small Meter - City $ 5,008,950 $ 2,421,285 48% Small Meter - County 3,345,114 1,389,763 42% Large Meter - City 2,332,485 1,216,981 52% Large Meter - County 1,720,699 839,766 49% Reclaimed - County 40,000 39,049 98% Charges for Services 942,767 546,463 58% Benefit Assessment Fees 720,000 10,740 1% Carroll County Septage Facility 300,000 161,411 54% UTILITY FUND APPROPRIATION BY ACTIVITY Facilities 101,924 25,452 25% Finance 703,116 235,367 33% Executive & Legislative 735,721 362,782 49% Human Resources 413,262 59,471 14% Planning, Zoning & Development 319,885 98,116 31% Public Works 707,588 180,870 26% Technology 903,004 418,480 46% Utilities 2,331,048 651,634 28% Water 2,899,679 780,361 27% Wastewater 3,926,383 1,092,238 28% Total Utility Fund Revenues $ 14,410,015 $ 7,769,373 54% Total Utility Fund Appropriations $ 13,041,610 $ 3,904,770 30% 2  FIBER FUND OPERATING REVENUES % to Budget Actual YTD Budget Provider Fees - Units Passed $ 438,667 $ 182,544 42% Provider Fees - Subscriptions 400,000 206,448 52% Miscellaneous - 1,001 0% Loan Proceeds - - 0% General Fund Subsidy 920,864 - 0% FIBER FUND OPERATING EXPENDITURES Public Works 92,205 13,845 15% Technology 46,837 22,269 48% Fiber 1,373,236 417,262 30% Total Revenues $ 1,759,531 $ 389,993 22% Total Expenses $ 1,518,301 $ 453,376 30% Net Income (Loss) $ 241,230 $ (63,383) PUBLIC HOUSING FUND REVENUES % to Budget Actual YTD Budget Housing Assistance Payments $ 2,592,000 $ 1,022,650 39% HUD Administrative Fee Distribution 291,576 136,047 47% Miscellaneous Income 363,380 158,778 44% PUBLIC HOUSING FUND EXPENDITURES Salaries & Benefits $ 253,762 $ 96,699 38% Administration 328,700 170,404 52% Housing Assistance Payments 2,761,212 1,086,772 39% Facilities 45,760 815 2% Total PHA Fund Revenues $ 3,246,956 $ 1,317,475 41% Total PHA Fund Appropriations $ 3,389,434 $ 1,354,690 40% Disbursements between $10,000 and $25,000 from November 17, 2023, through December 28, 2023: Invoice Vendor Name Total Date Amount 7/20/2022 MARYLAND DEPT OF ENVIRONMENT $17,910.00 9/30/2023 WICKERSHAM CONSTRUCTION &, ENGINEERING, INC. $20,726.00 9/30/2023 TEMP AIR COMPANY $11,095.24 11/10/2023 PADDOCK SWIMMING POOL COMPANY $20,500.00 11/10/2023 WATEK ENGINEERING CORP. $20,698.61 11/13/2023 CENTRAL MD INTERNATIONAL TRUCK $13,956.66 11/14/2023 CARROLL COUNTY COMMISSIONERS $14,480.37 11/16/2023 WASTE MANAGEMENT OF MARYLAND $22,718.84 11/20/2023 UNIVAR SOLUTIONS USA INC $10,448.10 11/21/2023 LINCOLN FINANCIAL GROUP $10,288.95 11/21/2023 CENTRAL MD INTERNATIONAL TRUCK $10,719.02 11/24/2023 NATIONWIDE RETIREMENT SOLUTION $15,884.46 3  11/28/2023 LEVAN RUFF LLC $14,575.00 12/1/2023 MID-ATLANTIC GIGABIT INNOVATIO $25,000.00 12/1/2023 SOUTHERN STATES COOP INC $15,490.87 12/8/2023 NATIONWIDE RETIREMENT SOLUTION $15,786.00 12/8/2023 COMPTROLLER OF MARYLAND $23,854.51 12/11/2023 WATEK ENGINEERING CORP. $13,557.18 12/18/2023 WASTE MANAGEMENT OF MARYLAND $22,509.43 12/18/2023 BALTIMORE GAS & ELEC.- EFT $22,028.35 12/22/2023 COMPTROLLER OF MARYLAND $23,100.49 12/22/2023 NATIONWIDE RETIREMENT SOLUTION $15,701.84 12/26/2023 LINCOLN FINANCIAL GROUP $10,210.76 Family Center P&L Month of November 2023 Balance of % of Budget Family Center Revenues Budget Month to Date Year to Date Budget Used 100.444103 Rec & Parks: Family Center $245,000.00 $16,810.81 $233,342.89 $11,657.11 95.24 Balance of % of Budget Family Center Expenses Budget Month to Date Year to Date Budget Used 70.101.4111 Regular Full-Time 80,000.00 7,461.38 32,629.74 47,370.26 40.79 70.101.4113 Temporary Employees 188,125.00 9,590.88 49,716.01 138,408.99 26.43 70.101.4114 Overtime 1,000.00 74.04 246.80 753.20 24.68 70.101.4123 Opt-Out 0.00 343.80 1,564.29 -1,564.29 0.00 70.101.4311 Retirement & Pension Contributions 10,702.00 0.00 291.48 10,410.52 2.72 70.101.4313 Deferred Compensation Matching Plan 911.00 0.00 0.00 911.00 0.00 70.101.4314 Worker's Compensation 4,250.00 616.78 2,865.63 1,384.37 67.43 70.101.4322 Medical Insurance 16,202.00 2,233.72 10,163.43 6,038.57 62.73 70.101.4323 Dental Insurance 797.00 57.70 262.54 534.46 32.94 70.101.4324 Vision Insurance 154.00 9.98 45.41 108.59 29.49 70.101.4325 Employee Assistance Program 96.00 13.63 68.15 27.85 70.99 70.101.4326 Social Security Insurance 20,512.00 1,310.56 6,320.45 14,191.55 30.81 70.101.4327 Short Term Disability Insurance 460.00 59.23 296.15 163.85 64.38 70.101.4328 Long Term Disability Insurance 178.00 23.56 117.80 60.20 66.18 70.101.4329 Life Insurance 108.00 13.59 67.99 40.01 62.95 70.101.5500 Contractual Services 15,000.00 1,560.00 6,501.00 8,499.00 43.34 70.101.5630 Repairs - Machinery & Equipment 20,000.00 971.17 2,584.92 17,415.08 12.92 70.101.5674 Clothing Allowance 1,500.00 0.00 0.00 1,500.00 0.00 Total Family Center 359,995.00 24,340.02 113,741.79 246,253.21 31.60 Profit/Loss ($114,995.00) ($7,529.21) $119,601.10 Housing Services Housing Choice Voucher Program • Housing Assistance Payments (HAP) = $226,794 • Number of vouchers under lease as of the last day of the month = 283 • Wait list total active applicants = 896 • Number Ports into City = 22 • Housing inspections = 62 • Filing rate in PIC = 97.37% Code Enforcement During the month of November 2023, the Code Enforcement Officer issued 9 code violations of which 0 were closed during the period because the time to remedy the violation was after the end of the month. 4 Below is a depiction of the violations by type for the month of November. Type of Violation Number of Violations Percentages Weeds 1 22% Rubbish 2 11% All Other Violations 6 66% CODE VIOLATIONS November 2023 22% Weeds 46% Rubbish 11% All Other Violations Technology Services Help Desk Tickets There was a total of 145 tickets received in the month of October. Broken down by department (by total): 5 • Westminster Police Department – 27 • Technology Services – 28 • Finance – 20 • Public Works – 14 • Office of the City Administrator – 12 • Recreation and Parks – 14 • Human Resources – 12 • Community Planning and Development – 7 • Public – 5 • Housing and Code Enforcement – 6 • Engineering – 0 • Mayor and Common Council – 0 Projects: • City fiber installation in City offices – planning – Providing our own fiber between City locations • WWTP Technology closet – Standing By – Reviewed floor plans and provided feedback for wiring and drop needs. • Upgrade Police Ticketing Enforcement Software – In Progress - Vendor Selected, still working though the process. • Planning digital submission platform – planning – CloudPermit / Planning Discussions • Financial system upgrade to replace Eden – Needs assessment completed, first demo completed, scheduling others. • Reviewing 311 platform – In Progress - Demo scheduled for early January. • Parkmobile – Kickoff happening in the near future. • Overhaul City Website - Working with our current provider to redesign the existing website. • Connect IT and GIS to other Departments - Continuing to work with several departments on GIS initiatives. • Cybersecurity Audits - Working on a Cybersecurity Audit for the overall systems the City Operates & will be doing a full audit with 3rd party per State Regulations. • Mobile App for the City - Demo scheduled for Early January. • Cybersecurity Efforts - We continue to strengthen our Cybersecurity Footprint. New features coming online and reassessing our current products. 6 Community Planning & Development COMMUNITY PLANNING AND DEVELOPMENT PERFORMANCE MEASURES November 2023 Board of Zoning Appeals Items 2 Historic District Commission Items 1 Planning and Zoning Commission Items 1 Administrative Adjustment 1 Building Permits Approved 28 Business Owner Inquiries 10 Downtown Businesses Visited 48 Use and Occupancy 15 COMMUNITY PLANNING AND DEVELOPMENT 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”); and Planning and Zoning Commission (“PZC”). • November 7, 2023 the BZA: o Denied CASE NO: 23-03, An application by Nicholas Thomas, the Applicant, and the property owner, requesting approval of a Special Exception to add a “Home Occupations” use, pursuant to Article VI: R-10,000 Residential Zone, Section 164-30D at 231 Stacy Lee Drive, Westminster. (2-0-1, Graf Abstained) o Approved the written decision to approve CASE NO: 23-05, An application by Toni DiMartino, the Applicant, and the property owner, requesting approval of a Variance for an “Accessory buildings” use, pursuant to Article XX: Special Provisions, Section 164- 147B in order to make repairs to a garage at 460 E Green Street, Westminster. (3-0) o Approved the written decision to approve CASE NO: 23-06, An application by Nicholas Schissler, the Applicant, and Bernice Ecker, the property owner, requesting approval of a Non-conforming Use for the “zoning transfer of non-conforming use to non-conforming” use, pursuant to Article XIX: Nonconformities, Section 164-135B for an automotive/autobody shop to remain as an automotive/autobody shop at 247 E Green Street, Westminster. (3-0) • November 8, 2023, the HDC: 7  o Discussed the Nation’s 250th Anniversary implementation plan and preparations. o Reviewed the architectural elevations for a 4-unit multiple family dwelling use at 288 E. Main Street and provided recommendations for the PZC regarding compliance with the 2016 Design Preferences standards for new development in the Historic District. • November 13, 2023, the M&CC: • Approved Good Cause Waivers 23-04 and 23-05, additional water and sewer allocation for two single-family detached residential dwelling units at Parcel 729 and Parcel 730 located on Kate Wagner Court, Westminster, MD (SDAT # 07-431993 and SDAT #07- 431994, respectively) through the Consent Calendar. • November 16, 2023, the PZC: o Held a Public Hearing on Ordinance No. 2023-10, an Ordinance of the M&CC, adopting Local Map Amendment LMA 23-01 to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Development Zone as a floating Cannabis Overlay Zone for the establishment of a cannabis dispensary and provided a positive recommendation to the M&CC. • November 21, 2023, the Director of Community Planning and Development (Director): o Held an Administrative Adjustment Hearing for an application by Bryan Eberle, representing Main Street 3 LLC, requesting approval of an administrative adjustments for 404 Malcolm Drive Westminster, Maryland 21157 (SDAT# 07-00588) to Zoning Ordinance 164-211(c). to allow for the required parking spaces to be determined on useable space within the building. The applicant is requesting the administrative adjustments to construct a 40,000 square foot medical building at 404 Malcolm Drive. The Director granted the Administrative Adjustment request. • November 27, 2023, the M&CC: o Approved of Good Cause Waiver 23-06, additional water and sewer allocation for one single-family detached residential dwelling unit at Lot 56 of the Colvilla Development subdivision (P.B. 3 PG. 125) located on Doris Avenue, Westminster, MD (SDAT # 07- 013957) through the Consent Calendar. o Approved of Good Cause Waivers 23-07 and 23-08, additional water and sewer allocation for two single-family attached residential dwelling units (duplex) with one dwelling unit on Lot 14 (GCW 23-07) and one dwelling unit on Lot 16 (GCW 23-08) of the Buckingham View subdivision (P.B. 2 PG. 15) located on Spruce Avenue, Westminster, MD (SDAT # 07-157304 and SDAT #07-033052, respectively) through the Consent Calendar. o Adopted Ordinance 2023-10, an Ordinance of the M&CC, adopting Local Map Amendment LMA 23-01 to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Development Zone as a floating Cannabis Overlay Zone for the establishment of a Cannabis Dispensary. 8 Other Activities Completed by DCPD: • November 1, 2023, staff attended the Heart of the Civil War Annual meeting at the Weinberg Art Center in Frederick, Maryland. • November 1 - 4, 2023, staff delivered Carroll County Shop Small Passports to participating businesses in Downtown Westminster. • November 2, 2023, staff attended a pre-submittal meeting for McDaniel Overlook, a 4-lot subdivision off Wyndtryst Drive. • November 2, 2023, staff completed the Final Inspection for a 16,361 sq. ft. addition approved with Site Plan S-20-0015, located at 1300 Tech Court. • November 2, 2023, staff met with the Health Department to discuss water allocation. • November 6, 2023, staff attended a virtual meeting with the Dept. of Housing and Community Development about a change in the upcoming financial program, Project Restore. • November 6, 2023, staff attended the Downtown Business Association meeting. Donna Jean Shybunko with WTTR presented two different packages for businesses and shared updates on the local radio station. The group will not be meeting in December. The next meeting will be held on January 8, 2024 at 3pm at 50 East Main Street at Exploration Commons. • November 6 - 10, 2023, staff interviewed applicants for the vacant City Planner I/II position. • November 14, 2023, staff attended the Media and Non-Profit Day for Leadership Carroll. 9 • November 15, 2023, staff toured the Arc of Carroll County, located at 180 Kriders Church Road. • November 16, 2023, staff attended a meeting with the Traffic Group to discuss several Downtown traffic related issues. • November 16, 2023, staff attended the ECDC meeting. • November 18, 2023, the City held its final Downtown Westminster Farmers Market for the season. The next market will begin on May 18, 2023 with a new Farmers market Manager. • November 20, 2023, staff provided representatives from Heart of the Civil War Heritage Area everything they needed to move forward with the Boundary Line Adjustment to include Ellsworth Cemetery into the boundary of the Heritage Area. • November 20, 2023, staff performed its first inspection for the Abbey’s Place, a 35-unit multiple- family development, located at 110, 111 and 115 Sienna Drive. • November 21, 2023, staff met with the Executive Director of the ARC to discuss the Good Waiver Process and what required elements. • November 22, 2023, staff added some lighting and decorations to the vacant store front at 43 East Main Street to brighten up the corridor in anticipation of Miracle on Main Street. • November 27, 2023, staff and City Administrator Imhulse met with Carroll Hospital Center to discuss water allocation and future projects. • November 28, 2023, staff virtually attended the State’s Accessory Dwelling Unit Policy Task Force Meeting • November 29, 2023, staff participated in a pre-submittal meeting with the County for Sunny Place Condominiums, a two building multi-family complex consisting of 48 units at 222 E Green Street. 10  • November 30, 2023, staff participated in a meeting with the Carroll County delegation of the Heart of the Civil War Heritage Area to discuss vacancies. City Planner Andrea Gerhard has stepped into the role of Chair for the Carroll County delegation on the Heart of the Civil War Heritage Area Advisory Council. • Twenty-eight (28) building permits were reviewed and approved for projects within the City. Fifteen of the approved permits were for a Final Release, five were for new commercial businesses or commercial renovations and eight were for residential decks and miscellaneous projects. The following highlights a few of these permits: o Tenant Fit-Out for First Watch at 245 Baltimore Boulevard o Office Space renovations at Bridging Life at 292 Stoner Avenue o Valvoline Instant Oil Change Building Construction at 334 Gorsuch Road o Expansion of Verilife Dispensary into Suite L at 700 Corporate Center Drive. 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 a Human Resources HR Customer Service (Employee Relations, Benefits/Wellness) • Assisted employees with HR related questions – walk-in's and emails. • Processed 18 Accounts Payable invoices. • Worked with employees and dependents on multiple benefits questions – walk- in's and emails. 11  • Processed a tuition reimbursement for an employee. • Assisted two employees with insurance changes. • Completed the bi-annual EEO-4 report for the Equal Employment Opportunity Commission. • Assisted the City of College Park with their Compensation Study by providing employment data. • HR sent out updated COVID-19 procedures and policy to all employees. Employment/Recruitment • Advertisements: Internal External Internal External Applications Applications Advertisements Advertisements Processed Processed Full-time 2 2 1 21 Part-time 0 0 0 0 Temporary 0 0 0 2 Seasonal 0 0 0 0 • Processed: Employee Internal Terminations/ New Hires Orientations Transfer Promotion Retirement Full-time 3 2 1 1 1 Part-time 0 0 0 0 0 Temporary 0 0 0 0 1 Seasonal 0 0 0 0 0 • Advertised for the Water Treatment Plant, 3rd Shift, and a Maintenance Crew Leader position with the Streets Department. Advertised with: Indeed, Chamber of Commerce, Govt Jobs, CCWD, MWE, APWA, ICMA, Merchandiser, and Baltimore Sun. • Set up interviews for, Equipment Operator I/II, Water Treatment Plant Operator, 3rd shift, and the Equipment Operator, Utilities positions. • Created a new advertising slot under the website for contractual, non-employed employment opportunities. Advertised for the Downtown Westminster Farmer’s Market Manager position. • Fingerprinted six new employees to stay in compliance with the Employment section of the Employee Handbook. • Processed and distributed applications to the hiring manager for the following vacancies: o Equipment Operator, Utilities (2) o Equipment Operator, Streets (1) o Equipment Operator, Utility Line Locator (1) o Recreation Program Coordinator, 25 hr/week (1) o Recreation and Parks Temporary Employment (2) o Human Resources Analyst (3) o Accounting Specialist – Payroll (3) 12  o Plant Operator I, 3rd Shift (5) o Communications Specialist I (2) o City Planner I/II (4) • Hired: o Two Equipment Operators II in the Streets Department. o Assistant Superintendent in the Water Treatment Plant. Risk Management • Insurance Claims Filed Mobile Sewer Workers’ Automobile Liability Equipment Property Back-up Compensation 1 0 0 0 0 5 • Sent four Public Works employees to Carroll Occupational Health for their annual/bi-annual DOT certification. • Conducted random drug testing per City’s Drug-Free Workplace Policy. • Multiple correspondence with LGIT, Chesapeake, and employees on workers compensation and insurance claims. • Two CPR classes were conducted for twenty-four employees. • Worked with Frederick Health to get CDL employees set up on the FMCSA Drug & Alcohol Clearinghouse. Training/Meetings • Weekly one-on-one/team meetings to discuss, research, and resolve HR issues. • Human Resources participated in a SHRM Conference. Police Department Time Frame Police Calls Adult Juvenile DUI Traffic Foot & Bike For Service Arrests Arrests Arrests Citations Patrol Hours November 2023 876 19 9 4 141 93 November 2022 900 31 6 3 102 190 2023 YTD Total 10245 278 75 19 1388 1516 2022 YTD Total 11036 456 77 44 2013 3510 Significant Cases in November: Crime: Burglary – 2nd Degree Date: 11/08/2023 Location: 66 E. Main Street Details: The building manager reported unknown suspect(s) had entered the building overnight through an unlocked window and forced their way into an office. In a post-Miranda interview, the suspect admitted entering the building after hours on two occasions. Status: Arrest – Dontrae Williams (23 YOA) Crime: Burglary – 4th Degree 13 Date: 11/13/2023 Location: 66 E. Main Street Details: During investigating two previous burglaries, detectives coordinated with the building manager and installed a surveillance camera on the third floor. While reviewing surveillance video, detectives observed two male suspects in the building after hours. Detectives were able to identify the juvenile suspects. Status: Juvenile Charges Referred Crime: Stolen Auto Date: 11/19/2023 Location: WMC Drive Details: The victim reported his vehicle missing from WMC Drive. The vehicle was recovered in Westminster the following day. Status: Open Crime: Stolen Auto Date: 11/20/2023 Location: West Main Street Details: The victim reported their vehicle was stolen from their driveway. The investigation revealed one of their other vehicles was stolen the night prior, and a spare key to this vehicle was in the glove box. Status: Open Departmental Information: 1. Throughout the month of November, Chief Ledwell conducted one-on-one meetings with each WPD employee. Recreation & Parks Family Fitness Center Revenue: $21,540 Family Fitness Center Expense: $24,126 Family Fitness Center Membership Usage Membership Package % of Total Entries Family 20 494 Family with Childcare 14 354 Punch card 1 29 Individual 57 1429 Student/Youth 8 208 Total Entries 2,514 Total Unique Members 406 Resident and Non-Resident Membership Packages Membership Package # of Members Percentage Family 85 Resident 51 60% Non-Resident 34 40% Family w/ Childcare 25 Resident 10 40% Non-Resident 15 60% 14  Individual 280 Resident 134 48% Non-Resident 146 52% Youth/College Student 64 Resident 46 72% Non-Resident 18 28% Punch Card 2 Total # of Memberships 456 Total Resident 241 53% Total Non-Resident 215 47% New Members: 14 Group Fitness Class Attendance: o Barre/TRX – 49 o Circuit/Interval/Strength – 740 o Cycle – 296 o Pilates/Stability Ball - 50 o Yoga – 230 o Zumba & Dance – 195 Total Attendance: 1,560 November 1, 8, 15, 22, 29 Held weekly program progress meetings with recreation staff. Attended T-Mobile Hometown Grant brainstorming session. November 2: Met onsite at Dill Dinkers to discuss tournament logistics. Met with the Streets Department to discuss City Park holiday lights. November 3: Met with a photographer from the Baltimore Sun for photos of the municipal for a feature on the completion of the pool renovation. November 6: Held a staff meeting, stuffed welcome packets for the pickleball tournament, and facilitated the final pickleball tournament meeting with the committee. November 9: Installation of Raventree complete. Met with Sculptor Tom Sterner on site at Wakefield. November 10: Set up tournament operations at Dill Dinkers. November 11 & 12: 15 Veterans Classic Pickleball Tournament. November 14: Attended final pool progress meeting and phase II winterization training. Held logistics meeting with the Streets Department for Miracle on Main. November 16: Wrecking Crew Game Night. November 20: Recreational Trails Program Grant kick-off meeting. November 21: I met with sculptor Tom Sterner to officially transfer ownership of Raventree to the City and receive maintenance and care documents. November 25: Miracle on Main Street November 27: Met with new Carroll County Recreation and Parks Director, Bob Hicks. Facilitated a Pickleball tournament debrief and wrap up meeting with staff and the committee. November 28: Conducted a Miracle on Main Street wrap up and debrief meeting with staff. Public Works Wastewater Treatment Plant Total Flow 97.378 MGD Average Daily Flow 3.246 MGD Sludge (Integrated Agronomics) 420.79 wet tons Septage Sludge 42.59 wet tons • HRI has concentrated efforts on the new Control Building. Grinding of the floors has begun, • HRI has begun backfilling Reactor 5 • HRI has completed the acclimation period for the Denitrification Filters and is working through analyzer equipment issues prior to starting performance period, • HRI has continued working on the Solids Processing Building towards the goal of a Winter startup, • HRI has worked on miscellaneous punch list items throughout the project, • 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. Attended daily, weekly and monthly meeting related to the construction project, • Continued to work with GHD to fine tune plant SCADA process controls, 16 • Continued work on the Westminster Pure water reuse project with various meetings with the project engineers, the project team, and equipment representatives, • Continued organizing material among the new plant building, • Continued working on the rehabilitation of the Bar Screen Building, • Replaced the rubber on the skimming mechanism for Clarifier 1 • Performed over 4,000-laboratory analysis, independent of the analysis related to the water reuse project and testing for Denitrification performance, • Transported recyclables to the County landfill, • Performed routine maintenance. Utility Maintenance • Water leaks o Farm Museum (Main, 0.75 MG) o 162 Laurier Court (Private, 0.001 MG) o 63 Union Street (Private, 0.002 MG) • Sewer Blockages o 28 Westmoreland Street (Private) o 814 Johahn Drive (Lateral) o 43 S Colonial Avenue (Private) o 67 S Colonial Avenue (Private) o City Recreation Department (Armory) x 2 • Fiber Drop Installation o 100 E. Main Street o 526 Quarrier Court o 37 Ridge Road o 7 Chase Street o 186 W. Main Street o 367 N. Colonial Avenue o 37 Ridge Road o 7 Chase Street o 70 ½ Bond Street o 483 Leister Lane o 52 Berkshire Court o 22 Westmoreland Street o 62 Bond Street o 325 Innisbrook Lane o 797 Starry Night Drive o 364 Doral Court Water Loss Water Main / Service Flushing 0.010 MG Water Leaks 0.750 MG Private Leaks 0.003 MG Sewer Main Flushing 0.015 MG Street Sweeper 0.010 MG 17 Total Loss 0.788 MG • Miscellaneous tasks o Fiber, Sewer and Water Service Calls o Nonpayment Shut-Offs o Tag residents with private leaks o Assist ECM on Main Street water main replacement o Test pit and transfer services from 4” main to 10” main on Bond Street o Replace rotating assembly on pump 2 at Station 8 o Repair timer, starter, and replace batteries for Generator at Station 6 o Shop fence replaced. o Cleaned and replaced air release valves at High Zone Booster Station. o Install conduit and handholes at City Park for Street Department. o Televise and clean W. Main Street from Old New Windsor to Penn Avenue • Regular maintenance o Televise and clean sewer mains o Sewer pumping stations o Booster stations and water storage stations o Leak detection o Equipment and vehicle maintenance o Quarterly meter reading, HWB and meter exchanges o Miss Utility Markings o Fiber Drops o Hydrant flushing for WTP Street Department • Grounds Maintenance section performed the following tasks: o Completed daily mowing of City parks, facilities, and storm water ponds o Trimmed and sprayed all median strips o Completed daily leaf vac services o Cleaned parking lots o Assisted with hanging of Christmas décor o Performed 2 landscape inspections o Assisted with Miracle on Main set up, execution and clean up • 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 Preformed maintenance at various City buildings o Winterized and closed all parks and the City Pool o Painted offices at the Police Dept o Set up the Holiday light show at City Park o Took lead on Miracle on Main set up, execution and clean up • Streets and Alleys section o Removed brush, metal, yard waste, and bulk trash o Transported materials to County landfill: 18  Street Baskets 2.91 tons Bulk Trash 38.52 tons Brush 15.24 tons Yard Waste 35.72 tons Leaf Removal 133.33 tons Street Sweepings 1.44 tons Metal 1.42 tons o Scheduled bulk trash collection o Set dumpsters for larger piles of bulk trash o Assisted with cleaning of City parking lots o Assisted with Miracle on Main set up, execution and clean up • Street Maintenance Section o Assisted with bulk pickups o Filled potholes throughout City streets o Assisted with mowing, curbside pickups, and Special event efforts o Assist with hanging of Christmas decorations o Assisted with Miracle on Main set up, execution and clean up o Cleaned 36 inlet tops 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, and Control Building. GHD, the project engineer, continued review of submittals and RFIs and Project Management/ Inspection. • RFB for Water Main Replacement at Hahn Road and Rt.27 Project was forwarded to the City Attorney for review. • ECM Corporation is working on Main Street Water Main Replacement Project Phases 2. • Design of water main replacement between Hahn Rd. and Tuc Road is awarded to WR&A Engineers. Agreement between the City and WRA is not signed, yet • North East Contracting Corporation has completed work on installation of Roof Upgrades at 45 and 91 W. Main Street Buildings. The Project is under One-year maintenance bond. • Temp Air Company is completing installation of the boilers in the City Administrative Offices at 45 W. Main Street. • Concrete Protection and Restoration Inc, (CPR)completed Clock Tower Reconstruction Project. The Project is under one-year maintenance bond. • Keller, Inc. continues reconstruction of the City Municipal Pool. The project phase I is substantially completed. Contractor is working on construction of the Project Phase II. 19 • Wickersham Construction is working on design of Wakefield Valley Events Pavilion and Community Building. • DDS Design Company completed design for Reconstruction of the City Park Retaining Wall. RFB for the Project was forwarded to the City Attorney for review and approval. • Donald B. Smith is working on Roofs Replacement at the City WWTP. • Cranberry Water System Sources – Raw Water to Plant in Million Gallons (MG) Raw Meter Total 46.78460 MG Recycled Water Total 3.9930 MG Recycled Water Recovered 8.529 % CIP Wash Water/Membrane Cells 0.15552 MG Total 46.62908 MG • Raw Water Sources in MG Cranberry Branch 22.84278 MG Hull Creek 6.743 MG Raw Reservoir 0 MG Other 17.043302 Total m8 MG MG MG 46.62908 MG • Treated in MG Finished Water Flow Meter 45.13910 MG Station Water 0.068149 MG Total Treated 45.07095 MG Backwash/Recycle Filters 0.1798 MG Delivered to System 44.89115 MG • Wells in Cranberry System in MG Well 3 2.436327 MG Well 4 1.757954 MG Well 5 6.75038 MG Well 6 2.37484 Well 7 4.150563 MG Well 8 0 MG Wells 9 and 10 2.656335 MG Well 11 2.43689 MG Well 12 6.846188 MG Total Delivered to System 74.30063 MG Day of Maximum Usage – 19 2.085542 MG Well 5 Backwash 0.00445 MG Well 7 Backwash 0.32628 MG Well 8 Regeneration Water 0.0 MG 20  Well 12 Backwash .69382 MG Daily Average 2.4766876 MG • Hours operated = 720 • Rainfall = 2.62 inches • Raw Reservoir level = 16.3 feet • Wakefield Well System Well 1 2.5769 MG Well 2 2.671867 MG Total Delivered to System 5.248767 MG Filter Backwash 0.00530 MG Daily Average 0.1749589 MG Day of Maximum Usage - 19 0.382683 MG • Other tasks included: o Performed routine maintenance at the wells and Water Treatment Plant o Collected 62 distribution compliance samples o Performed 270 process control checks at 9 Wells o Performed 360 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 o Continued work with water reuse project o Collecting samples and data at Cranberry Reservoir 21 Approval – Agreement with State Highway Administration for Salt and/or Aggregate To: Mayor and Common Council From: John Dick, Interim Director of Public Works Date: January 2, 2024 Re: Approval – Agreement with State Highway Administration for Salt and/or Aggregate Background During extreme winter storm events, it can become challenging for the City to obtain sufficient snow and ice control materials throughout the season. The State Highway Administration (SHA) will allow the City to obtain such materials from SHA’s stockpiles upon execution of an agreement between the parties. This measure would only be taken in the event that the needed materials would become in short supply from the City’s existing contractor. The proposed agreement would be for a period of three years, beginning September 1, 2023, and ending on August 31, 2026. SHA would invoice the City at the conclusion of the winter season, usually in May of each year, for all material costs and associated SHA overhead. The cost for salt would be $84.41 per ton, which includes the price of the salt, a delivery charge, and an overhead charge. SHA’s current overhead rate is 8.22%. In accordance with the agreement, SHA reserves the right to limit or deny the City’s access to its stockpiles to avoid any impediment to SHA’s own snow remediation operations. Recommendation Staff recommends that the Common Council approve the agreement with SHA to ensure that the City has access to snow and ice control materials for its snow emergency operations. cc: Sara Imhulse, City Administrator Theresa Rodgers, Director of Finance & Administrative Services Steve Strawsburg, Streets Superintendent  P02426 M-1 THREE (3) YEAR SALT UTILIZATION AGREEMENT by and between State Highway Administration of the Maryland Department of Transportation and Mayor and Common Council of Westminster, Maryland This AGREEMENT ("Agreement") is made as of the pt day of September 2023, executed in duplicate, by and between the State Highway Administration of the Maryland Department of Transportation ("SHA") acting for, and on the behalf of the State of Maryland and Mayor and Common Council Westminster, located in Carroll County, Maryland, a political subdivision of the State of Maryland and a body politic and corporate ("CITY"), sometimes collectively referred to as "the Parties". WHEREAS, during certain winter snow emergency operations ("Snow Event") the CITY may have a need to obtain additional salt ("Salt") to effectively complete their winter snow operations; and WHEREAS, the CITY has requested, and SHA has agreed, to allow the CITY to obtain Salt from SHA stockpiles during a Snow Event in accordance with the terms and conditions contained herein;and WHEREAS the CITY shall reimburse SHA for the cost of Salt plus other related expenses;and WHEREAS SHA and the CITY agree that this Agreement will benefit both parties of this Agreement and will promote the safety, health and general welfare of the citizens of the State. NOW, THEREFORE, in consideration of the premises and of the mutual promises between SHA and the CITY, as set forth herein, the adequacy of which is hereby acknowledged, the Parties hereby agree to the following: I. TERM & BUDGET The term of this Agreement is three (3) years, beginning the first (1 st) day of September 2023 and ending on the thirty first (31 st) day of August 2026, both dates inclusive, unless sooner terminated as set forth herein (the "Term"). For budgeting and planning purposes only, during the Term of this Agreement the total cost for Salt shall not exceed Sixty Thousand Dollars ($60,000). The CITY shall be responsible for actual costs incurred at the time of delivery. II. SALT COSTS A. The cost of Salt, at the execution of this Agreement is Eighty Four Dollars and Forty One Cents ($84.41) per ton, which includes the price of the Salt, a delivery charge and an overhead charge. B. The Salt price listed herein is subject to change. C. The "Delivery Charge" includes the cost of fuel and mileage to transport the Salt to a SHA Salt dome. The "Overhead Charge" is determined by the federally approved Overhead Rate that may be adjusted on October I st of each year. The current Overhead Rate is eight and twenty two hundredths percent (8.22%). D. The cost of the Salt may be adjusted weekly to account for Delivery Charge variances. III. CHARGE NUMBER SHA has established a charge number for the CITY which will be used to document Salt withdrawals from SHA's inventory system. The current charge number for the CITY is BY BY291M84. IV. PROCEDURES A. Salt Loading 1. SHA Shop Locations: For purposes of this Agreement, the SHA shops to be used for Salt for the CITY, as determined by SHA, are: - Westminster Shop Salt Dome 2. Prior to a Snow Event: The CITY will contact Darion Branham, SHA's Resident Maintenance Engineer (RME), or designee, of the Westminster Shop at 410-848-6565 to arrange for the CITY's trucks to be loaded with the Salt at the designated location the day before a local forecasted snow if time permits; otherwise SHA and the CITY will determine which SHA salt storage site is appropriate to use to load the Salt onto the trucks and SHA will provide an operator to facilitate the loading of the Salt. 3. During the Snow Event: The CITY will contact the appropriate SHA Shop nearest to that truck and request to be loaded at an approximate preferred time of arrival. SHA will then arrange for an operator to meet the CITY truck at that location as close to the preferred time as possible without negatively affecting SHA operations. In addition, if a CITY truck is in the vicinity of a specific dome during a Snow Event and a SHA operator is 2  present, the CITY truck may then be topped off, if desired. In situations where the SHA Snow Event operations are already active when the CITY operations begin, the CITY can notify SHA as far in advance as possible and SHA will make every effort to provide an operator at all the locations requested to begin loading CITY trucks with Salt. 4. Post Snow Event: The CITY can contact the appropriate SHA shop to request re-loading after a Snow Event, and SHA will schedule the re­ loading at the Parties' convenience. 5. The CITY shall not return any unused Salt to any SHA shop. B. Load Records l. The CITY shall ensure all vehicles picking up Salt on their behalf are identified by a sticker or placard indicating the CITY's name. 2. Only a SHA authorized loader operator shall load the CITY trucks. 3. SHA shall create a written loading record that must be signed by the CITY driver. A copy shall be given to the CITY driver to account for every load of Salt that the CITY receives from SHA. Each load record shall contain the following information: a. truck number or license tag number, b. the number of scoops/ buckets loaded, c. the number of tons loaded based on the scoops / bucket size value multiplied by the number of scoops /buckets. V. PAYMENT A. SHA shall provide a detailed invoice to the CITY by May 31 st of each year for all actual costs incurred to provide Salt to the CITY. The invoice shall be accompanied by normal documentation from SHA to evidence actual costs incurred. B. Upon request by the CITY, SHA may provide information to include the number of buckets and estimated tonnage provided to the CITY for each date of delivery. C. The estimated cost of the Salt is based on the average amount of Salt used during the previous three (3) years at the prevailing rate at the time of execution of this Agreement and will be subject to future adjustments during the Term according to costs for Salt, delivery and overhead in effect at that time. D. Reimbursement to SHA for the Salt during the Term, including SHA overhead, is estimated to be Sixty Thousand Dollars ($60,000) and is based on quantities from the previous term, however, actual costs and tonnage may vary and the CITY shall reimburse SHA for all actual tonnage (which includes the delivery charge) and overhead costs. 3  E. In the event of extremely heavy Salt usage, SHA reserves the right to submit progress billings to the CITY in lieu of an annual invoice. F. Invoices for Salt are due within thirty (30) days of receipt. G. In the event SHA does not receive payment of an invoice within thirty (30) days of the CITY's receipt, SHA will notify the CITY of the overdue payment and provide the CITY the opportunity to pay such overdue amounts. If payment of the overdue amount is not received within thirty (30) days following notification, SHA will then notify the CITY in writing, and the parties hereby agree that SHA may make a deduction from the CITY's share of Highway User Revenue equal to the overdue invoice amount(s) or SHA may refer the overdue amount to the Central Collection Unit, at 300 West Preston Street, Room 500, Baltimore MD 21201-2365 for collection of any overdue amount. VI. GENERAL A. SHA does not supply brine, a pretreatment salt-based mixture. B. Title VI Assurances. All parties to this Agreement shall comply with the requirements of APPENDIX A (2 pages) and APPENDIX E (1 page) of SHA's Standard Title VI/Non-Discrimination Assurances DOT Order No. 1050.2A which generally set forth non-discrimination regulations and other civil rights related regulations. APPENDIX A and APPENDIX E are attached hereto and incorporated herein as substantive parts of this Agreement. The term "Acts" in Appendix A refers to 49 C.F.R. Part 21 and 28 C.F.R. Section 50.3. The term "Recipient" in Appendix refers to MDOT SHA. C. SHA and the CITY agree to cooperate with each other to accomplish the terms and conditions of this Agreement. D. The provisions contained in this Agreement shall be binding upon the parties until the earlier to occur of; (i) three (3) years from the date first written above, (ii) thirty (30) days after written notice has been given by either party to the other that they elect to no longer be bound by the terms and conditions of this Agreement, or (iii) August 31, 2026. However, termination of this Agreement, and any Amendments thereto, is contingent on all outstanding invoices being paid by the CITY. E. The CITY shall indemnify, hold harmless and defend, at SHA's option, the State of Maryland, SHA and the Maryland Department of Transportation, from and against any and all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, incurred in connection with the loss of life, personal injury and/or property damage arising from or in connection with the activities performed pursuant to this Agreement by the CITY or its contractors, agents or assigns. 4 F. SHA reserves the right to limit or deny Salt to the CITY to avoid jeopardizing SHA' s snow remediation ogerations. G. This Agreement shall inure to and be binding upon the Parties, their agents, successors and assigns. H. This Agreement and the rights and liabilities of the parties hereto shall be determined in accordance with Maryland law and in Maryland courts. I. The recitals (WHEREAS clauses) at the beginning of this Agreement are incorporated as substantive provisions of this Agreement. J. All notices and/or invoices, if to the CITY, shall be addressed to: Steve Strawsburg Superintendent of the Street Department 45 West Main Street Westminster, MD 21157 Phone: 410-751-2263 E-mail: sstrawsburg@westgov.com And if to SHA: Darion Branham Resident Maintenance Engineer, D-7 Maryland State Highway Administration 150 Wyndtryst Drive Westminster, MD b21157 Phone:410-848-6565 E-mail: dbranham@mdot.maryland.gov With copies to: Andrew Radcliffe District Engineer, D-7 State Highway Administration 5111 Buckeystown Pike Frederick, MD 21704 Phone: 301-624-8102 Email: aradcliffe@mdot.maryland.gov And, SHA Agreements Team s Office of Procurement and Contract Management State Highway Administration 707 N. Calvert Street Mailstop C-405 Baltimore, MD 21202 Phone: (410) 545-5547 E-mail: shaagreementsteam@mdot.maryland.gov 6  

  MAYOR AND COMMON COUNCIL OF WESTMINSTER, MARYLAND a body corporate and politic Dr. M��� <S�� BY: (Seal) WITNESS Dr. Mona Becker Mayor ,a] .;l1 1 d)'J-..3 Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City of Westminster Attorney 8  APPENDIX A OF THE TITLE VI ASSURANCES During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally assisted programs of the U.S. Department of Transportation, the Federal Highway Administration, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this contract and the Acts and the Regulations relative to Non­ discrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the Recipient or the Federal Highway Administration as appropriate and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding payments to the Contractor under the contract until the Contractor complies; and/or b. cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the Recipient 9 or the Federal Highway Administration may direct as a means of enforcing such. provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction; the Contractor may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10  APPENDIX E OF THE TITLE VI ASSURANCES During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the Contractor) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Perti_ru:mt Non-Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, ( 42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. § 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP 'persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 741 00); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). 11 Adoption of Resolution 24-01 To: Mayor and Common Council From: Abby Gruber, Director of Recreation & Parks Date: December 19, 2023 Re: Adoption of Resolution 24-01 Background In response to the City’s recent investment in significant improvements to the Westminster Municipal Pool Complex, the 2024 minimum wage increase, and rising costs of materials and supplies, the attached resolution reflects fee increases for pool usage, summer camp tuition, and family fitness center membership rates. The proposed fees will help defray the costs of improvements and offset the inflationary costs of operating public recreation facilities and services. Westminster Municipal Pool Current Fees Proposed Fees City Resident Non-Resident City Resident Non-Resident Individual $160 $195 $185 $275 Family $300 $390 $360 $495 Punch Card – 10 visits valid for $90 $120 $125 $175 one pool season Daily Admission $10 $13 $15 $20 Youth 3-13, senior 65+, and $10 $13 $12 $15 military (must show military ID) Children 2 & under Free Free Free Free Sunset Fee $7 $10 $10 $13 Community Room at the $30/hour $30/hour $50/hour $50/hour Westminster Municipal Pool Summer Camp Current Fees Proposed Fees City Resident Non-Resident City Resident Non-Resident Weekly Camp Tuition Rate $135 $145 $150 $180 Weekly Counselors in Training $70 $80 $85 $105 Rate  Family Fitness Center Current Fees Proposed Fees City Resident Non-Resident City Resident Non-Resident Family (2 or more) $50/month $55/month $54/month $59/month Individual w/ youth $43/month $50/month $44/month $49/month Family w/ childcare $65/month $70/month $74/month $79/month Single Parent $45/month $55/month $54/month $59/month Single Student $38/month $45/month $44/month $49/month Individual $25/month $30/month $34/month $39/month College Student $18/month $20/month $24/month $29/month Youth (ages 12-17) $18/month $20/month $24/month $29/month Punch Card $60 – 10 visits $60–10 visits $54 – 6 visits $59/month - 6 visits 1yr. exp. 1yr. exp. 3 mo. exp. 3 mo. exp. Walk-in Fee (12 & up) $7/visit $10/visit $10/visit $12/visit Walk-in Fee Youth (11 $7/visit $10/visit $7/visit $7/visit & under) Recommendation Staff recommends that the Mayor and Common Council adopt Resolution 24-01, adjusting the pool fees, summer camp tuition rates, and family fitness center fees for the 2024 calendar year. Attachment Resolution 24-01  RESOLUTION 24-01 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, AMENDING THE CITY’S GENERAL FEE SCHEDULE FOR GOVERNMENTAL AND PROPRIETARY FUNCTIONS OF THE CITY WITH RESPECT TO FEES CHARGED FOR USE OF THE WESTMINSTER MUNICIPAL POOL, SUMMER CAMPS AND FAMILY FITNESS CENTER WHEREAS, pursuant to the Local Gov’t Art., § 5-202 of the Maryland Annotated Code, the Mayor and Common Council of Westminster (“the City”) has the authority to enact ordinances to assure the good government of the municipality; protect and preserve the municipality's rights, property, and privileges; preserve peace and good order; secure persons and property from danger and destruction; and protect the health, comfort, and convenience of the residents of the municipality; and WHEREAS, § 5-205(d)(b) of the Local Gov’t Article permits the City to set reasonable fees and charges for governmental and proprietary functions of the City; and WHEREAS, Section 12 of the City Charter implements the authority of Local Gov’t Art., § 5-202 and § 5-205; and WHEREAS, pursuant to the aforementioned authority, the City adopted Resolution R 20- 04, approving a general fee schedule for governmental and proprietary functions of the City, which fee schedule was amended via Resolution No. R-23-01; and WHEREAS, the City has undertaken major improvements to the Westminster Municipal Pool (“the Pool”) that will enhance users’ enjoyment of that amenity; and WHEREAS, costs to operate all public recreational facilities have greatly increased since 2020 because of rising minimum wage rates and inflationary conditions prevailing nationally for materials and services; and WHEREAS, as a matter of fiscal responsibility, the City must offset the costs of the improvements and increased costs of providing certain services by increasing fees charged to users of those services, namely those who use the City Pool, attend City summer camps and use the City Fitness Center, as set forth in the chart attached hereto as Exhibit A; and WHEREAS, the City nevertheless wishes to make all City facilities and programs affordable for all of its residents. NOW, THEREFORE, BE IT HEREBY RESOLVED, by the Mayor and Common Council of Westminster that the City’s Fee Schedule for General fees, charges and costs, B. 1 OF 2 Miscellaneous Fees, (4) Recreation [Department] shall be amended as set forth in the Chart attached as Exhibit A hereto. BE IT FURTHER RESOLVED, by the Mayor and Common Council of Westminster, that the City of Westminster General Fees, Charges and Costs, B(4) Recreation shall be amended to reflect the changes set forth in Exhibit A. BE IT FURTHER RESOLVED THAT THIS RESOLUTION shall take effect on ____________, 2024. ADOPTED this ____ day of ______________, 2024 __________________________________________ Douglass A. Barber, City Clerk APPROVED this _____ day of ____________, 2024 __________________________________________ Dr. Mona Becker, Mayor APPROVED AS TO FORM AND SUFFICIENCY this _____ day of ____________, 2024. ___________________________ Elissa D. Levan, City Attorney 2 Exhibit A Westminster Municipal Pool Current Fees Proposed Fees City Resident Non-Resident City Resident Non-Resident Individual $160 $195 $185 $275 Family $300 $390 $360 $495 Punch Card – 10 visits valid for $90 $120 $125 $175 one pool season Daily Admission $10 $13 $15 $20 Youth 3-13, senior 65+, and $10 $13 $12 $15 military (must show military ID) Children 2 & under Free Free Free Free Sunset Fee $7 $10 $10 $13 Community Room at the $30/hour $30/hour $50/hour $50/hour Westminster Municipal Pool Summer Camp Current Fees Proposed Fees City Resident Non-Resident City Resident Non-Resident Weekly Camp Tuition Rate $135 $145 $150 $180 Weekly Counselors in Training $70 $80 $85 $105 Rate Family Fitness Current Fees Proposed Fees Center City Resident Non- City Resident Non-Resident Resident Family (2 or more) $50/month $55/month $54/month $59/month Individual w/ youth $43/month $50/month $44/month $49/month Family w/ childcare $65/month $70/month $74/month $79/month Single Parent $45/month $55/month $54/month $59/month Single Student $38/month $45/month $44/month $49/month Individual $25/month $30/month $34/month $39/month College Student $18/month $20/month $24/month $29/month Youth (ages 12-17) $18/month $20/month $24/month $29/month Punch Card $60 – 10 visits $60–10 visits $54 – 6 visits $59/month - 6 1yr. exp. 1yr. exp. 3 mo. exp. visits 3 mo. exp. Walk-in Fee (12 & up) $7/visit $10/visit $10/visit $12/visit Walk-in Fee Youth (11 $7/visit $10/visit $7/visit $7/visit & under)