Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, October 14, 2024, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. STATEMENT FOR THE RECORD – CLOSED MEETING OF THURSDAY, SEPTEMBER 19, 2024: In accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Thursday, September 19, 2024, at 4:47 p.m. pursuant to General Provision Art., Section 3-305) (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals, and (b)(7) to consult with counsel to obtain legal advice. Motion – Gilbert/Hoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker The following staff members attended the meeting: City Administrator Imhulse, and City Attorney Levan (via Zoom). The Common Council took official action during the meeting. The Closed Meeting adjourned at 4:55 p.m. 3. APPROVAL OF MINUTES A) Mayor and Common Council Closed Meeting of September 9, 2024 B) Mayor and Common Council Work Session Meeting of September 16, 2024 C) Mayor and Common Council Special Council Meeting of September 19, 2024 D) Mayor and Common Council Closed Meeting of September 19, 2024 E) Mayor and Common Council Meeting of September 23, 2024 4. COMMITTEE APPOINTMENT A) Richard Huss appointment to the Board of Zoning Appeals 5. CONSENT CALENDAR A) Approval of Public Works Agreement No. A-1169, for Stormwater Management at McDaniel College for the Harvey Stone Pavilion Project 6. REPORT FROM THE MAYOR 7. 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 8. COUNCIL COMMENTS AND DISCUSSION 9. BIDS A) Award of Contract to CJ Miller, LLC of Hampstead Maryland in the amount not to exceed $3,125,957.60 for Roadway Paving Services. – Director of Public Works Summerhill B) Award of Contract to SFMS, Inc of Bethesda, Maryland in the amount not to exceed $240,000.00 for ADA Ramps and Sidewalk Retrofit Services. – Director of Public Works Summerhill 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. DEPARTMENTAL REPORTS 13. CITIZEN COMMENTS 14. ADJOURNMENT  CITY OF WESTMINSTER Mayor and Common Council Work Session Meeting September 16, 2024, at 4:32 p.m. 45 West Main Street, Westminster, MD 21157 CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and President Pecoraro. Staff Present: Assistant Superintendent of Streets Amoss, Attorney Board, Director of Housing and Preservation Brown, Director of Community Planning and Development Depo, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, Executive Assistant Kirkner, Director of Human Resources Merritt, Director of Information Technology Moore, Director of Finance Rodgers, and Streets Superintendent Strawsburg. Council President Pecoraro opened the Mayor and Common Council Work Session Meeting at 4:32 p.m. DISCUSSION ITEM Street Trees and Sidewalks City Administrator Imhulse opened the discussion and requested that Superintendent Strawsburg and Assistant Superintendent Amoss provide to the Common Council an overview of concerns with regards to the street trees and sidewalks within the City. Director of Housing and Community Preservation provided an overview of concerns related to code enforcement. City staff members engaged in a discussion with the Mayor and Common Council and reviewed a map highlighting all the trees, bump-outs, and pavers on Main Street. ADJOURNMENT Council President Pecoraro adjourned the meeting at 5:33 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Approved by the City of Westminster Common Council on ___________________________.  CITY OF WESTMINSTER Special Mayor and Common Council Meeting Thursday, September 19, 2024, at 4:47 p.m. 45 West Main Street, Westminster, MD 21157 CALL TO ORDER Elected Officials Present: Mayor Becker, Council President Pro Tem Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and Council President Pecoraro (via- Zoom). Staff Present: City Administrator Imhulse, and City Attorney Levan (Via-Zoom). Council President Pro Tem Chiavacci opened the Special Mayor and Common Council Meeting at 4:47 p.m. NEW BUSINESS Vote to go into Closed Meeting A motion was made by Councilmember Gilbert seconded by Councilmember Hoff to adjourn into a Closed Meeting on Thursday, September 19, 2024, in accordance with the General Provisions Article of the Annotated Code of Maryland §3-305 (b)(1) to discuss the appointment, employment, assignment, promotion, discipline, demotion, compensation, removal, resignation, or performance evaluation of appointees, employees, or officials over whom this public body has jurisdiction; any other personnel matter that affects one or more specific individuals, and (b)(7) to consult with counsel to obtain legal advice. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. ADJOURNMENT TO CLOSED MEETING Council President Pro Tem Chiavacci adjourned the meeting at 4:48 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Approved by the City of Westminster Common Council _______________________.  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, September 23, 2024, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Council President Pro Tem Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff, Council President Pecoraro attended via Zoom. Mayor Becker was absent. Staff Present: Director of Housing Services Brown, Director of Community Planning and Development Depo, Director of Recreation and Parks Gruber, Chief of Police Ledwell, Director of Technology Services Moore, Director of Finance Rodgers, Attorney Ruff, and Director of Public Works Summerhill. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, SEPTEMBER 9, 2024 Council President Pro Tem Chiavacci stated in accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Monday, September 9, 2024, at 7:48 p.m. pursuant to General Provision Art., Section 3-305(b)(7) to consult with counsel to obtain legal advice and (b)(8) to consult with staff, consultants, or other individuals about pending or potential litigation. Motion – Hoff/Dayhoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Mr. Dayhoff Yes Ms. Gilbert Yes Mr. Hoff Yes Mr. Pecoraro Mayor Becker The following staff members attended the meeting: City Administrator Imhulse, and City Attorney Levan. The Common Council took no official action during the meeting. The Closed Meeting adjourned at 7:52 p.m. MCDANIEL COLLEGE UPDATE Ms. Jenni Glennon, Associate Vice President for Administration with McDaniel College provided an update from McDaniel College. Ms. Glennon noted McDaniel College’s excitement and participation in the upcoming 45th Annual City of Westminster Fallfest as a sponsor. Ms. Glennon closed by noting the following events: McDaniel College 2024 Homecoming Game (Saturday, November 2, 2024); and McDaniel College Parent and Family Weekend (Friday, November 15, 2024, through Sunday, November 17, 2024). APPROVAL OF MINUTES A motion was made by Councilmember Dayhoff and seconded by Councilmember Gilbert to approve the Mayor and Common Council Meeting minutes of September 9, 2024. 1 VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Hoff and seconded by Councilmember Gilbert to approve the Consent Calendar, which consisted of the following: Approval of Departmental Operating Report – August 2024. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert and Councilmember Hoff. NAYS: None. REPORTS FROM COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the recent Membership Show, that was very well received and attended. Councilmember Dayhoff closed his report by encouraging those interested to go to the Arts Council’s website to see information on all the upcoming events at the Carroll Arts Center. Council President Pro Tem Chiavacci on behalf of the Public Safety Committee, noted that on September 12, 2024, Police Officer Everhart earned his Police Officer First Class Designation. Council President Pro Tem Chiavacci also noted that on September 16, 2024, Chief Ledwell presented at the quarterly Carroll County Police Accountability Board Meeting. Council President Pro Tem Chiavacci closed his report by noting that on September 18, 2024, State of Maryland Special Secretary of Opioid Response Emily Keller visited the Westminster Police Department to learn about initiatives, such as Law Enforcement Assisted Diversion and Overdose Quick Response Team, that the agency has in place to help combat drug overdoses. Councilmember Gilbert, on behalf of the Public Works Committee, noted some the projects the department has been addressing. Councilmember Gilbert closed her report by reporting that the Department of Public Works staff have been working on preparing for the upcoming 45th Annual Fallfest. Councilmember Gilbert on behalf of the Recreation and Parks Committee, noted the upcoming City of Westminster 45th Annual Fallfest event starting on Thursday, September 26, 2024, through Sunday, September 29, 2024, at City Park and provided the highlights of the scheduled event. Councilmember Gilbert closed her report by noting that the department is preparing for their next event: Oyster Stroll 2024 scheduled for Saturday, October 12, 2024. COUNCIL COMMENTS AND DISCUSSION Councilmember Dayhoff noted the Carroll County Food Bank Sunday held their Milk Run at Wakefield Valley Park on Saturday, September 21, 2024, and noted the work being done at the Conference Center (Event Space & Pavilion) and the Durbin House. Councilmember Hoff thanked Carroll County Commissioners Gordon, Vigliotti and Kiler for their recent vote to provide additional funding for the City of Westminster’s Water Re-Use Project. ORDINANCE AND RESOLUTIONS Introduction of Annexation Resolution No. 24-06 (Annexation 80), Maryland Home Builders LLC, Enlarging the Corporate Boundaries of the City of Westminster by annexing into the City Certain Property Containing ± 2.505 Acres, Contiguous to and Adjoining the City’s Existing Corporate 2 Boundaries, Consisting of Real Property Located at 54 Ridge Road, Westminster, Maryland 21157, Also Identified as Tax Account Number 07-011989, Map 0045, Grid 0006, Parcel 0167 A motion was made by Councilmember Gilbert and seconded by Councilmember Dayhoff to introduce Annexation Resolution No. 24-06 (Annexation 80), Maryland Home Builders LLC, Enlarging the Corporate Boundaries of the City of Westminster by annexing into the City Certain Property Containing ± 2.505 Acres, Contiguous to and Adjoining the City’s Existing Corporate Boundaries, Consisting of Real Property Located at 54 Ridge Road, Westminster, Maryland 21157, Also Identified as Tax Account Number 07-011989, Map 0045, Grid 0006, Parcel 0167. Director of Community Planning and Development Depo provided the staff report and responded to questions of clarification given by the Common Council on the item. VOTE AYES: 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 There was no new business to be discussed by the Mayor and Common Council. DEPARTMENTAL REPORTS Department of Recreation and Parks Director of Recreation and Parks Gruber mentioned the upcoming City of Westminster’s 45th Annual Fallfest scheduled event that will start on Thursday, September 26, 2024, and go through Sunday, September 29, 2024, at City Park. Department of Public Works Director of Public Works Summerhill noted a watermain break that occurred and was repaired at the Westminster Shopping Center. Technology Services Director of Technology Services Moore provided an update on the projects the department is handling. Westminster Police Department (WPD) Chief of Police Ledwell provided a status update on the new officers. Community Planning and Development Director of Community Planning and Development Depo noted that on September 19, 2024, the Planning and Zoning Commission held a public hearing on Local Map Amendment LMA 24-02 to superimpose the Compatible Neighborhood Overlay Zone over property zoned R-7,500 Residential Zone at 222 E. Green Street with the intent to develop multiple-family dwelling units (3-story: 48 units and 4-story; 64 units). Director of Community Planning and Development Depo noted that on October 1, 2024, the Board of Zoning Appeals is scheduled to hear BZA Case No: 24-07, a Variance Appeal application by Marta Coursey (“the Applicant”), requesting a 105 feet variance from the 300 feet distance requirement of the City of Westminster Zoning Ordinance Section 164-58 at Lot 5A (SDAT #07-151039) located on Kriders Church Road in Westminster, Maryland for Site Plan S-18-0037, My K-9 Buddy. 3 Director of Community Planning and Development Depo closed his report by noting that on October 2, 2024, the Historic District Commission is scheduled to: Review the proposed painting of the brick building and new exterior building mounted lighting at 56 West Main Street and provide a recommendation to the Planning and Zoning Commission; and Review façade improvement and tax credit applications for 60, 62-64 and 66-68 West Main Street. CITIZEN COMMENTS Council President Pro Tem Chiavacci 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. Ms. Lyndi McNaulty, 195 West Main Street, addressed the Common Council and noted her appreciation to the Westminster Police Department for their response to a recent call for service. Ms. Jude Marlon, 2235 Jason Town Road, addressed the Common Council, introduced herself as an artist, and a new business owner to the City of Westminster located at 142 Railroad Avenue (Old Cannery Building). Ms. Christina Landsman, 54 Ridge Road, addressed the Common Council supporting the proposed annexation of 54 Ridge Road (Annexation 80). ADJOURNMENT Council President Pro Tem Chiavacci announced that the next meeting of the Mayor and Common Council would be on Monday, October 14, 2024, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 7:36 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 _____________________________. 4 Board of Zoning Appeals Appointment To: Mayor and Common Council From: Doug Barber, City Clerk Date: October 9, 2024 Re: Board of Zoning Appeals Appointment for Richard Huss Background Richard Huss is being considered to fill the vacant seat on the City of Westminster’s Board of Zoning Appeals Recommendation Mayor Becker recommends the appointment of Richard Huss to the City of Westminster’s Board of Zoning Appeals for a three-year term, to expire on October 14, 2027. Consent Agenda: PWA-1169, McDaniel College Harvey Stone Pavilion To: Mayor and Common Council From: Mark Depo, Director of Community Planning & Development Vance Summerhill, Director of Public Works Cc: Sara Imhulse, City Administrator Elissa Levan, City Attorney Meeting Date: October 14, 2024 Subject: Approval of Public Works Agreement No. A-1169, for Stormwater Management at McDaniel College for the Harvey Stone Pavilion project. The Department of Community Planning and Development (DCPD) and Department of Public Works (DPW) is requesting that the Mayor and Common Council approve of Public Works Agreement No. A-1169. BACKGROUND The City’s Planning and Zoning Commission approved Site Development Plan S-23-0009, Harvey Stone Pavilion McDaniel College Campus Project on April 18, 2024. S-23-0009 proposes to reconstruct the Harvey Stone Pavilion located on the McDaniel College campus. The applicant McDaniel College, formerly known as Western Maryland College (the Owner), and the City have finalized the associated Public Works Agreement and Surety. The applicant has requested that the documents be approved in the form presented. The City Attorney has reviewed all documents submitted by the applicant. After passage by the Common Council and approval via signature by the Mayor, the attached document will be kept on file in the City Clerk’s Office. RECOMMENDATION Staff recommends the Mayor and Common Council approve Public Works Agreement No. A- 1169, for Stormwater Management at McDaniel College for the Harvey Stone Pavilion project. ATTACHMENTS 1. Public Works Agreement No. A-1169  PUBLIC WORKS AGREEMENT CITY OF WESTMINSTER, MARYLAND AGREEMENT NO. A–1169 APPLICATION FOR THE CONSTRUCTION OF INSTITUTIONAL DEVELOPMENT Project: Harvey Stone Pavilion, McDaniel College Campus (File # S-23-0009) Location: 2 College Hill Drive Westminster, MD 21157 Tax ID #07-004141 and #07-069103 Owner: McDaniel College f/k/a Western Maryland College 2 College Hill Drive Westminster, MD 21157 THIS AGREEMENT is made this day of ___________, 2024, by and among The Mayor and Common Council of Westminster (the “City”), a municipal corporation of the State of Maryland, and Western Maryland College (the “Owner”), a limited liability company of the State of Maryland; and WHEREAS, the Owner, as the successor in interest to Western Maryland College, owns a certain parcel of land situated within the corporate boundaries of the City at College Hill Drive, comprising 107.59 acres, zoned “R-10,000 Residential Zone”, which serves as McDaniel College; and WHEREAS, the Owner has proposed to reconstruct the Harvey Stone Pavilion (the "Project”) in accordance with the provisions of the City Zoning Ordinance; and  WHEREAS, the City’s Planning and Zoning Commission approved Site Development Plan S-23-0009, Harvey Stone Pavilion McDaniel College Campus, (the “Site Plan”) for the Project on April 18, 2024; and WHEREAS, prior to the issuance of any building permits for the Project, the City requires that evidence of financial responsibility in the form of a performance bond or irrevocable letter of credit be furnished by the Owner to guarantee completion of those site improvements described in Section 2 hereof and such other off-site improvements as may be required by the City, in order to protect the City and the residents thereof from the costs of failure to complete in the required manner the necessary public improvements; and WHEREAS, it is the purpose of this Agreement to set forth the terms and conditions for the completion of all required site improvements for the work listed below according to the approved plans and specifications for clearing, demolition, stakeout, City water connection, City sanitary sewer connection, roadwork, concrete work, stormwater management, paving, lighting, and landscaping and upon completion and acceptance of site improvements provide digital as-built plans prepared to City specifications; NOW, THEREFORE, in consideration of the premises and of the mutual undertakings, agreements and covenants herein expressed, the parties hereto agree as follows: 1. The Owner has obtained construction plans, specifications, and descriptions of the Project consistent with its approved Site Plan and submitted them to the City for its review and approval. These plans and specifications, prepared by Carroll Land Services, Inc. (“CLSI”), must be approved prior to issuance of any building permits. The Owner agrees to furnish "as-built" construction drawings tying into U.S.G.S. datum to the City for its future reference at the Owner's expense in a digital format as determined by the City. Page 2 of 11  2. The Owner shall furnish, prior to permit issuance, standard corporate performance and payment bonds in a form approved by the City or irrevocable letters of credit in the amount of 110% of the full contract price for the construction cost of required clearing, demolition, stakeout, City water connection, City sanitary sewer connection, roadwork, concrete work, stormwater management, paving, lighting, and landscaping, and other required facilities and contracts as a guarantee for the satisfactory and timely completion of said work. The City may, in its discretion, permit the bond or irrevocable letter of credit to be reduced in proportion to the amount of the said work completed, at 50% and 80% of completion. If an irrevocable letter of credit is posted by the Developer, it shall contain the following language in addition to any and all other language and requirements deemed appropriate by the City: It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically extended without amendment for one (1) year from the present or any future expiration date unless sixty (60) days prior to such expiration date you are notified by registered letter that the City of Westminster elects to release this Letter of Credit for any such additional period. 3. In the event the Owner fails to construct the required improvements herein in accordance with the above described plans and specifications, or fails to convey the right-of-way for public roads, stormwater management facilities, water facilities and sanitary sewer facilities therein, and/or required easements for public facilities, or fails to commence appropriate and effective corrective action within the time periods set forth in Paragraph 4 hereof after written notification by the City of non-compliance with any pertinent requirements during the construction of said improvements, or otherwise fails to perform its obligations under this Agreement, the City shall have the right to call or draw upon the security posted pursuant to Paragraph 2 hereof. The City shall have the right to refuse to accept or to maintain said public improvements until the same are fully completed by the Owner, or at its option, to accept and record deeds for the easements Page 3 of 11 and/or rights-of-way described by plats and enter upon the same for the purpose of constructing or repairing the required improvements. 4. In the event of default by the Owner in performance of its obligations under this Agreement, the City shall give notice in writing to the Owner and to the issuer of the security posted pursuant to Paragraph 2 hereof, of such default. Subject to the last sentence of this Paragraph, in the event that such default has not been cured by the Owner within fifteen (15) days after receipt of such written notice, the City shall give the Surety written notification of said default, and the Surety shall, within thirty (30) days of such notice, elect in writing: (a) to complete the required public improvements in conformance with the original plans and specifications within such reasonable period as the City may specify; or (b) indemnify the City against loss or expense arising out of failure of the Owner to complete said improvements as required by the terms of this Agreement. If Surety fails to take the required corrective action within thirty (30) days of the foregoing election, any construction or conveyance privileges granted to the Owner for the improvements guaranteed by this Agreement may be suspended by the City pending completion of the required improvements. Notwithstanding the foregoing, so long as the Owner has commenced to cure and is diligently proceeding to cure a non-monetary default, the period within which such default may be cured shall be extended in the City’s discretion for such period as may be reasonably necessary to complete the cure in the exercise of due diligence. 5. The City, in addition to any recovery under the guarantee or security, shall have the right to maintain an action against the Owner for such additional costs or damages as may be incurred to complete the required improvements herein described in accordance with the applicable plans and specifications. 6. All right, title and interest in and to all drainage and utility easements, public streets and public roadways, and all public improvements located therein, including but not limited to, Page 4 of 11 water mains, sewer mains, storm drain lines, storm water management facilities, and all related accessories and appurtenances of any of the foregoing are to be conveyed by the Owner or its successors or assigns to the City when completed to the City’s satisfaction and, in the event all or any part of the Project is transferred to another person or entity prior to acceptance of conveyance of said facilities to the City, the Owner must reserve said facilities to itself for conveyance to the City or must require its successors or assigns, by deed restriction or other method satisfactory to the City, to convey the facilities to the City when completed to the City’s satisfaction. 7. The Owner shall reimburse the City for all costs incurred by the City in connection with the inspection of those facilities to be taken over by the City, the construction cost for work performed by request of the Owner by letter, and the fees of consultants, including legal, engineering and other appropriate professionals, employed by the City to review contract documents, perform tests and observe construction of items to be conveyed to the City. The Owner will be assessed a fee of 4.5% as set by law in §A-1751.1 A.(14)(c)[1] of the City Code, of the value of those public works and related improvements for construction inspection by the City for this project. The Owner agrees to pay this fee prior to the release of signed mylars for construction. 8. The Owner shall incorporate sediment and erosion control facilities, if required, as approved by the City and the Soil Conservation District, in the development of the Project and shall construct and maintain said facilities until such time as the City and the Soil Conservation District notify the Owner in writing that those facilities are no longer required, at which time those facilities no longer required shall be removed and the land returned to a condition acceptable to the City by the Owner. The Owner’s performance bond, irrevocable letter of credit or cash deposit issued pursuant to Paragraph 2 hereof shall include an amount sufficient to cover the cost of erosion and sedimentation control facilities. Page 5 of 11  9. The Owner, upon application for building permits, shall make payment to the City for all water and sanitary sewerage special benefit assessment and related charges resulting from the approved plans and specifications pertaining to the project in accordance with Sections 124-13 and 160-8 of the Charter and Code of Laws and the Utility Fee Ordinance. The Owner shall install all water and sanitary sewer service laterals when required as a part of the extension of the water and sanitary sewer mains resulting from the approved plats, plans and specifications, pertaining to the Owner’s property. For each lateral that is extended as part of the initial contract by the Owner, the Owner shall be exempted from the normal connection charges that would ordinarily be imposed by the City in accordance with Sections 124-17 and 160-7 of the Charter and Code of Laws and the Utility Fee Ordinance; however, the Owner shall pay the invoiced cost of all required water meters, which the City will furnish for installation by the Owner accordance with Sections 124-17 and 160-7 of the Charter and Code of Laws and the Utility Fee Ordinance. 10. The Owner, upon application for building permits, shall make payment to the City when required for all Special Capital Benefit Assessment and related charges in accordance with the Schedule contained in Section 133-3 of the Charter and Code of Laws and the General Fee Ordinance. 11. The Owner acknowledges that the City has entered a Consent Order dated April 3, 2007; with the Maryland Department of the Environment and that the City has subsequently adopted a Water and Sewer Allocation Policy. The City will provide water and sewerage service to the Project in accordance with said Water and Sewer Allocation Policy and any amendments thereto, together with the City’s laws and regulations relating to such water service and sewer service, and the Owner accepts and agrees to the terms of said Water and Sewer Allocation Policy, and amendments thereto. Page 6 of 11  12. Any contractor engaged by the Owner for the performance of any work in connection with any facilities intended hereunder to be accepted by the City shall be subject to the City’s approval, and said contractors shall be subject to any prequalification standards which may be in existence, adopted, or hereafter adopted or modified as being in the best interests of the City. The City shall have the right to review all contractors and awards for such work. 13. Should the Owner not begin construction of the Project within two (2) years of date of execution of this Agreement, this Agreement shall expire and a new Agreement shall be executed incorporating any changes, increased guarantees, or conditions as may be required by the City. 14. The Owner shall submit to the City, for informational purposes only, if required by the City, exterior design elevations and samples of exterior building materials prior to the issuance of building permits. 15. The Owner shall abide by all City and/or County codes in effect relating to the work. In case of conflict between Codes, the City will direct which shall apply. 16. The Owner shall assign an English-speaking project superintendent, who must be on site at all times while work is progressing and who will be responsible for coordination of all work and provide liaison with City representatives. The Owner shall notify the City of the name of such superintendent in writing. 17. The Owner shall hold the City harmless and defend and indemnify it from any claims arising from the operations of the Owner, its employees, contractors, subcontractors, and agents. 18. The Owner shall provide a maintenance bond prior to acceptance by the City of any public facilities in the amount of ten percent (10%) of the construction cost of said facilities. The bond must be executed by Surety satisfactory to the City and shall be effective for a one-year period from the date of acceptance of the improvements by the City. In the event the Owner fails to re-execute, correct or repair any work performed in connection with said public improvements Page 7 of 11 that may be found within the one-year maintenance period to be improper or imperfect as a result of substandard material or workmanship or failure of materials or workmanship, or otherwise fails to fulfill the terms of the plans and specifications, and the Owner fails or is unable to commence to correct and diligently complete such work after 30 days’ notice from the City, then in that event the City may purchase materials, tools and equipment, employ labor, and/or let a contract as required to perform the necessary corrective work covered in the guarantee. All costs and expenses incurred thereby by the City shall be charged against the maintenance bond. In addition to any recovery under the bond, the City shall also have the right to initiate and maintain an action against the Owner for such additional costs as may be incurred in order to complete the required improvements herein described in accordance with the applicable plans and specifications. 19. This Agreement and the rights and obligations of the Owner hereunder may not be assigned or transferred by the Owner, except upon the written consent of the City and then only to an entity of financial standing reasonably sufficient to fulfill the obligations of the Owner under this Agreement. Upon written approval by the City of such assignment or transfer, the Owner shall have no further liability or obligation there under other than that which may have existed prior to the effective date of the assignment or transfer. 20. The City retains the absolute right to withhold its approval both of buildings and of use and occupancy permits for the Project if the Owner fails to perform the requirements specified in this Agreement including, but not limited to, payment of all applicable invoices, maintenance of surety and other related requirements, or fails to protect the health, safety and welfare of the City and its residents as determined by the City. 21. This document constitutes the entire Agreement between parties. This Agreement may only be modified or changed by a written amendment signed between the parties, it being expressly understood that no verbal notices or agreements shall be effective to alter the terms hereof. Page 8 of 11  22. The Owner agrees to incorporate on the Site Plan landscaping as required by the City and related review agencies and approved by the City. All landscaping including design, installation, guarantees and release of Surety, shall conform to the requirements of the City's adopted Landscape Manual and any subsequent amendments. Security in the amount of 110% of the cost of the landscaping and related work shall be provided to the City prior to release of a building permit. 23. The Owner shall complete its work hereunder in accordance with the approved plans and conditions as determined by the Director of Community Planning and Development. 24. Upon completion of the Project and prior to issuance of use occupancy permits, if determined to be necessary by the City, the Owner and the City shall enter into and record among the Land Records of Carroll County a Stormwater Management Easement and Maintenance Agreement, which shall provide for the perpetual maintenance of storm water management facilities and appurtenant devices to be constructed in accordance with all applicable requirements of Chapter 136 of the Westminster City Code entitled “Stormwater Management”. The Owner may assign or transfer its rights and obligation under the Stormwater Management Inspection and Maintenance Agreement to any person, firm or corporation of financial standing sufficient to fulfill its obligations upon the City’s written approval. The City shall review and approve all documents necessary to effect the assignment or transfer prior to approving any such arrangement. 25. The Owner shall be primarily obligated for the fulfillment of the requirements of this Public Works Agreement; however, if the Owner fails to comply with any of the terms, conditions and responsibilities contained herein, that shall not relieve the Owner from fulfilling those obligations as specified herein. The Owner shall cooperate with the City in allowing all or any portion of defective, deficient or unconstructed improvements to be completed using the surety provided herewith. Page 9 of 11  IN WITNESS WHEREOF, the City and the Owner have caused this instrument to be duly executed by their respective officers hereunto duly authorized and have placed it under seal. MCDANIEL COLLEGE f/k/a WESTERN MARYLAND COLLEGE By : ______________________________________(Seal) Western Maryland College Representative, Owner STATE OF MARYLAND COUNTY OF CARROLL COUNTY On this ________ day of _______________, ______, before me, a Notary Public of the State of Maryland, in and for Carroll County aforesaid, the undersigned officer, personally appeared [INSERT NAME OF SIGNER], who acknowledged himself or herself to be the [INSERT TITLE OF SIGNER] of McDaniel College . and that he or she, being authorized to do so, executed and acknowledged the foregoing instrument on behalf of said corporation in his or her capacity therein stated. In witness whereof I hereunto set my hand and Official Seal. _______________________________ Notary Public My Commission expires ATTEST: THE MAYOR AND COMMON COUNCIL OF WESTMINSTER __________________________ By: ____________________________________(Seal) Douglas A. Barber, City Clerk Dr. Mona L. Becker, Mayor Recommended for Approval: Recommended for Approval: __________________________ ____________________________________ Mark Depo, Director Vance Summerhill, Director Community Planning and Development Public Works Page 10 of 11 Approved as to form and legal sufficiency this _________day of _____________________, 20___. Elissa D. Levan, City Attorney Page 11 of 11 Bids – Roadway Paving Services To: Mayor and Common Council From: Vance Summerhill, Director of Public Works Date: October 10, 2024 Re: Award of Contract – Roadway Paving Services Background The FY25 CIP budget includes funding for Roadway Paving Services of selected City streets The City issued a Request for Bids on August 19, 2024, with bids due on September 26, 2024. Bidders were requested to provide pricing for the FY25 Roadway Paving Services. Two bids were received, with each firm’s unit pricing based off the provided schedule of values. The first bid submitted was by CJ Miller LLC, and the second by M.T. Laney Co., Inc. City staff has evaluated references and the unit pricing from both submitters and finds CJ Miller LLC to be the most financially acceptable regarding the City’s needs. It should be noted that CJ Miller LLC has successfully bid the City’s Roadway Paving Services contract for the last 5 contract periods and has performed satisfactorily during that time. Project Funding Work under the contract shall begin in FY25 and be completed by June 30, 2025. The FY25 CIP includes an allocation of $3,125,957.60 for Roadway Paving Services. Recommendation Staff recommends that the Mayor and Common Council accept the unit pricing bid by CJ Miller LLC of Hampstead Maryland and award a contract not to exceed the amount of $3,125,957.60 for Roadway Paving Services. Attachment • Bid submitted by CJ Miller LLC cc: Theresa Rodgers, Director of Finance Bids – ADA Ramps and Sidewalk Retrofit Services To: Mayor and Common Council From: Vance Summerhill, Director of Public Works Date: October 7, 2024 Re: Award of Contract – ADA Ramps and Sidewalk Retrofit Services Background The FY25 General Fund budget includes funding for the retrofitting of sidewalks to meet ADA standards The City issued a Request for Bids on August 27, 2024, with bids due on September 27, 2024. Bidders were requested to provide unit pricing for the FY25 ADA Ramps and Sidewalk Retrofit Services contract. Six bids were received, with each firm’s unit pricing based off the provided schedule of values. City staff has evaluated references and unit pricing from all submitters and finds SFMS, LLC. of Bethesda Maryland submitted the most economically beneficial bid for the City’s needs. RECONSTRUCTION OF CITY CURB RAMPS TO ADA REQUIREMENTS Bidder Total Amount Bid SFMS, LLC $ 107,165.50 Bob Andrews Construction, Inc $ 109,700.00 D.I.R. Construction, Inc. $ 129,796.00 Alcoa Concrete & Masonry, Inc. $ 157,076.00 Image Asphalt Maintenance Inc. $ 165,184.00 Priority Construction $ 216,460.00 Project Funding The work under the contract shall begin in FY25 and be completed by June 30, 2025. The FY25 budget proposal for the General Fund includes an allocation of $240,000.00 for ADA Ramps and Sidewalk Retrofit Services. Recommendation Staff recommends that the Mayor and Common Council accept the unit pricing bid by SFMS, LLC. of Bethesda Maryland and approve a contract not to exceed the amount of $240,000.00 for ADA Ramps and Sidewalk Retrofit Services as further described in the attached bid and authorize the Mayor’s execution of the associated contract. cc: Theresa Rodgers, Director of Finance FY25 CIP Budget – ADA Ramps & Sidewalk Retrofit Services To: Mayor and Common Council From: Theresa M. Rodgers, Director of Finance Date: October 14, 2024 Re: Funding for ADA Ramps and Sidewalk Retrofit Services Background As part of the FY25 Capital Improvement Plan (CIP), the Mayor and Common Council authorized $240,000.00 for ADA Ramps and Sidewalk Retrofit services. The funding source for the purchase is general fund reserves. If the Mayor and Common Council approves a contract with SFMS, LLC of Bethesda, Maryland for these services, with a do not exceed price of $240,000.00, the project will be fully appropriated in the FY25 CIP. cc: Sara Imhulse, City Administrator