CITY OF ABERDEEN CITY COUNCIL MEETING AGENDA

60 North Parke StreetAberdeen, Maryland 21001October 22, 2018, 7:00 PM

A. CALL TO ORDER

B. ROLL CALL

C. OPENING PRAYER

D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA

D.1. Councilwoman Sandra Landbeck

E. APPROVAL OF CONSENT AGENDA - None

F. APPROVAL OF MINUTES

F.1. September 10, 2018 Work Session

F.2. September 24, 2018 Work Session

F.3. October 8, 2018 Work Session

F.4. October 15, 2018 Special Council Meeting

G. STATEMENT OF CLOSED MEETING

G.1. Statement of Closed Meeting for October 8, 2018Statement of Closed Meeting for October 8, 2018.pdf

G.2. Statement of Closed Meeting for October 15, 2018 1

Statement of Closed Meeting for October 15, 2018.pdf

H. PRESENTATIONS - None

I. PUBLIC HEARINGS

I.1. Ordinance No. 18-O-31, Amendment to City's Personnel Policy Manual (3) Anti-Nepotism [2ndmeeting]Ordinance No 18-O-31, Amendments to City's Personnel Policy Manual (3).pdf

I.2. Ordinance No. 18-O-33, Amendment of FY 2019 Budget (3) [2nd meeting]Ordinance No. 18-O-33, Amendment of FY 2019 Budget (3).pdfSpreadsheet of FY 2019 Budget Amendment (3).pdf

J. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council

K. LEGISLATIVE SESSION

K.1. Ordinance No. 18-O-30, Amendments to City's Ethics Ordinance (2) (For Adoption) [3rd meeting]Ordinance No. 18-O-30, Amendments to City's Ethics Ordinance (2).pdf

L. UNFINISHED BUSINESS - None

M. NEW BUSINESS - None

N. UPDATES FROM CITY MANAGER AND STAFF

N.1. Preliminary Site Plan for University of Maryland Upper Chesapeake Health at Aberdeen CorporatePark, Paul Muddiman, MRAPreliminary Site Plan for University of MD Upper Chesapeake Health.pdf2018 Trip Generation Analysis Ltr.pdfUniversity of Maryland Upper Chesapeake Health Helo Noise_1.pdf

O. PUBLIC COMMENT - Maximum of 5 minutes per person unless authorized by the Council.

P. BUSINESS OF MAYOR AND COUNCIL

Q. ANNOUNCEMENTS

Q.1. Cats & Bats 5K by Blue Cheetah Sports, Saturday, October 27, 10:00 a.m., Festival Park;Public Meeting on Middelton Road Project, Monday, October 29, 6:00 p.m., Council Chambers;Council Meeting, Monday, November 5, 7:00 p.m., Council Chambers;Planning Commission Meeting, Wednesday, November 14, 7:00 p.m., Council Chambers; Council Work Session, Monday, November 26, 5:30 p.m., 2nd floor conf. room (tentative);Council Meeting, Monday, November 26, 7:00 p.m., Council Chambers;Aberdeen Christmas Street, Saturday, December 1, activities start 7:00 a.m., parade 3:00 p.m.Christmas Street Flyer 2018.pdf

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R. ADJOURNMENT

Under Md. Code Ann., General Provisions Article §3-305(b), all or any portion of public meetings aresubject to closure.

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Statement of Closed Meeting for October 8, 2018: On Monday, October 8, 2018, the Mayor and Council held a regularly scheduled Council Meeting in the Council Chambers at 7:00 p.m. All members voted by roll call in the affirmative to close the meeting. At approximately 8:32 p.m., a closed meeting was convened by the Mayor and Council in the second floor administrative conference room. Council present were: Mayor Patrick McGrady, Councilman Steven Goodin, Councilwoman Sandra Landbeck, Councilman Timothy Lindecamp, and Councilman Melvin Taylor. Others in attendance were: Frederick Sussman, Esq., City Attorney; Randy Robertson, City Manager; Parley Hess, Assistant Engineer; and Monica Correll, City Clerk. The meeting was held pursuant to the Open Meetings Act, Statutory Authority Md. Code Annotated, General Provisions Article § 3-305(b): (7) to consult with counsel to obtain legal advice; and, (8) to consult with staff, consultants, or other individuals about pending or potential litigation. The topic was a contract matter and the reason for closed meeting discussion of topic was to protect the Council deliberative process. The Council received legal advice from the City Attorney and conducted discussions on the subject matter with the City Attorney and staff. No action was taken and the meeting was adjourned at 9:57 p.m. ____________________________________ Monica A. Correll, City Clerk

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Statement of Closed Meeting for October 15, 2018: On Monday, October 15, 2018, the Mayor and Council held a Special Council Meeting in the Council Chambers at 7:00 p.m. Mayor McGrady, Councilman Goodin, Councilwoman Landbeck, and Councilman Taylor voted by roll call in the affirmative to close the meeting. Councilman Lindecamp was absent. At approximately 7:57 p.m., a closed meeting was convened by the Mayor and Council in the second floor administrative conference room. Council present were: Mayor Patrick McGrady, Councilman Steven Goodin, Councilwoman Sandra Landbeck, and Councilman Melvin Taylor. Councilman Timothy Lindecamp arrived at 8:05 p.m. Others in attendance were: Frederick Sussman, Esq., City Attorney; Randy Robertson, City Manager; Parley Hess, Assistant Engineer; and Monica Correll, City Clerk. The meeting was held pursuant to the Open Meetings Act, Statutory Authority Md. Code Annotated, General Provisions Article § 3-305(b): (7) to consult with counsel to obtain legal advice; and, (8) to consult with staff, consultants, or other individuals about pending or potential litigation. The topic was a contract matter and the reason for closed meeting discussion of topic was to protect the Council deliberative process. The Council received legal advice from the City Attorney and conducted discussions on the subject matter with the City Attorney and staff. No action was taken and the meeting was adjourned at 9:32 p.m. ____________________________________ Monica A. Correll, City Clerk

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-31

Date Introduced: October 8, 2018 Sponsored By: Councilwoman Sandra Landbeck and Councilman Melvin Taylor Amendments Adopted: Public Hearing: October 22, 2018 Date Adopted: Date Effective:

AN ORDINANCE concerning 1 2

AMENDMENTS TO CITY’S PERSONNEL POLICY MANUAL (3) 3 ANTI-NEPOTISM 4

5 6 FOR the purpose of amending certain provisions in the Personnel Policy Manual for the City of 7 Aberdeen; and matters generally related to revisions to the City’s Personnel Policy Manual. 8 9 BY repealing and re-enacting, with amendments 10 Chapter 3. RECRUITMENT AND PROMOTION 11

Anti-Nepotism 12 City of Aberdeen Personnel Policy Manual 13

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance

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Ordinance No. 18-O-31 Amendments to Personnel Policy Manual (3) (Anti-Nepotism) Page 2 of 3

SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 1 ABERDEEN that “Anti-Nepotism” provisions of the City of Aberdeen Personnel Policy Manual, 2 Chapter 3. RECRUITMENT AND PROMOTION, are repealed and reenacted, with amendments, 3 to read as follows: 4 5

CHAPTER 3. RECRUITMENT AND PROMOTION 6 7

Anti-Nepotism 8 9 The City ((may employ relatives of City officials and employees, provided that a City official or 10 employee is not the decisionmaker in the hiring of a relative, does not work in the same 11 department as a relative, and does not supervise the work of a relative.)) SHALL NOT, UNLESS 12 THE CITY MANAGER FINDS THAT THE EMPLOYMENT IS IN THE BEST INTERESTS 13 OF THE CITY DUE TO EXCEPTIONAL TRAINING, EDUCATION OR ABILITY: 14

A. HIRE A RELATIVE OF A COUNCIL MEMBER, CITY MANAGER OR 15 DEPARTMENT HEAD; 16 17

B. HIRE ANY INDIVIDUAL IF THE HIRING WOULD RESULT IN TWO OR MORE 18 RELATIVES EMPLOYED WITHIN THE SAME DEPARTMENT. 19

20 Relative shall mean father, mother, brother, sister, husband, wife, son, daughter, nephew, niece, 21 aunt, uncle, son-in-law, daughter-in-law, brother-in-law, sister-in-law, domestic partner, first 22 cousin or resident of the same household. 23 24 SECTION 2: AND BE IT FURTHER ENACTED that this Ordinance shall become 25 effective twenty (20) calendar days following its adoption. 26

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Ordinance No. 18-O-31 Amendments to Personnel Policy Manual (3) (Anti-Nepotism) Page 3 of 3

COUNCIL OF THE CITY OF ABERDEEN

______________________________________

Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_________________________________ Monica A. Correll, City Clerk

Date _____________________________

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-33

Date Introduced: October 15, 2018 Sponsored By: Councilwoman Landbeck and Councilman Taylor Public Hearing: October 22, 2018 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning 1 2 AMENDMENT OF FY 2019 BUDGET (3) 3 4 FOR the purpose of amending the adopted budget for the City of Aberdeen for the fiscal year 5

beginning July 1, 2018, and ending June 30, 2019, to appropriate for certain purposes 6 certain funds from the City’s unrestricted fund balances, and add additional revenue to 7 the General Fund and generally related to amendment of the City’s FY 2019 budget. 8

9 * * * * * * * * * * * * * * * * 10 11 SECTION 1. BE IT ENACTED BY THE MAYOR AND COUNCIL OF THE 12 CITY OF ABERDEEN that the “City of Aberdeen Budget Fiscal Year 2018-2019” adopted by 13 Ordinance No. 18-O-11 is further amended as follows: 14

1. Increase the Planning and Community Development Dept. No. 105, appropriation for 15 “Assistant” from $111,902 to $130,902. 16

2. Increase General Fund “Appropriation of Fund Balance” Revenue No. 40998 from 17 $1,509,285 to $1,528,285. 18

3. Increase Total General Fund appropriation from $17,798,081 to $17,817,081. 19

4. Increase the Total Revenues General Fund from $17,798,081 to $17,817,081. 20 21 SECTION 2: AND BE IT FURTHER ENACTED BY THE MAYOR AND 22 COUNCIL OF THE CITY OF ABERDEEN that the sums and amounts reflected in Section 1 23 of this Ordinance are hereby appropriated for the fiscal year beginning July 1, 2018, and ending 24 June 30, 2019. 25

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Ordinance No. 18-O-33 Amendment of FY 2019 Budget (3) Page 2 of 2 SECTION 3: AND BE IT FURTHER ENACTED BY THE MAYOR AND 1 COUNCIL OF THE CITY OF ABERDEEN that this Ordinance shall become effective at the 2 expiration of twenty (20) calendars days following adoption. 3

COUNCIL OF THE CITY OF ABERDEEN _____________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman ______________________________________ Sandra J. Landbeck, Councilwoman ______________________________________ Timothy W. Lindecamp, Councilman ______________________________________ Melvin T. Taylor, Councilman ATTEST: SEAL: __________________________________ Monica A. Correll, City Clerk Date ______________________________

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FY 2018 BUDGET AMENDMENT10/8/2018

The FY 2019 budget for the General Fund needs to be amended.

The General Fund budget is being increased by $19,000 for the following:

Item # Description Amount Funding Source1 Main Street Cordinator 19,000$ Fund Balance

Total 19,000$

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COUNCIL OF THE CITY OF ABERDEEN Ordinance No. 18-O-30

Date Introduced: September 24, 2018 Sponsored by: Councilman Steven Goodin and Councilwoman Sandra Lanbeck Public Hearing: October 8, 2018 Amendments Adopted: Date Adopted: Date Effective: AN ORDINANCE concerning

AMENDMENTS TO CITY’S ETHICS ORDINANCE (2) FOR the purpose of purpose of repealing Ordinance 18-O-10; amending the ethics ordinance for the City of Aberdeen, to make a certain modifications required by the State Ethics Commission to comply with requirements of Maryland law; modifying certain financial disclosure requirements for elected officials and candidates for election to City office; and matters generally related to revisions to the City’s ethics ordinance. EXPLANATORY STATEMENT: On April 9, 2018, the Council of the City of Aberdeen enacted Ordinance No. 18-O-10 to revise conflict of interest and financial disclosure provisions of the City’s ethics ordinance to comply with requirements of Maryland law. The taking effect of Ordinance No. 18-O-10 was conditioned upon its approval by the State Ethics Commission. The State Ethics Commission has not approved that Ordinance in its entirety so it has not taken effect. The City Council desires to enact this Ordinance to take the place of the Ordinance repealed. BY repealing Ordinance No. 18-O-10

BY repealing and re-enacting, with amendments Chapter 43. ETHICS

Sections 43-3 and 43-4 Code of the City of Aberdeen (2010 Edition as amended)

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW ((Double Parenthesis)) indicate matter deleted from existing law. Underlining indicates amendments to bill. Strike-Out indicates matter stricken from bill by amendment or deleted from the law by amendment. * * * indicates existing unmodified text omitted from Ordinance

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Ordinance No. 18-O-30 Amendments to City’s Ethics Ordinance (2) Page 2 of 4 SECTION 1. BE IT ENACTED BY THE COUNCIL OF THE CITY OF 1 ABERDEEN, that Ordinance No. 18-O-10 is repealed. 2 3 SECTION 2. AND BE IT FURTHER ENACTED that Sections 43-3 and 43-4 of the 4 Code of the City of Aberdeen (2010 Edition as amended), Chapter 43, Ethics, are repealed and 5 reenacted, with amendments, to read as follows: 6 7

Chapter 43. ETHICS 8 9 § 43-3. Conflicts of interest. 10 11

* * * 12 13 C. Participation Prohibitions. Except as permitted by Commission regulation or opinion, an 14 official or employee may not participate in: 15 16

* * * 17 18

(4) A FORMER REGULATED LOBBYIST WHO IS OR BECOMES SUBJECT TO 19 THIS CHAPTER AS AN EMPLOYEE OR AN OFFICIAL, OTHER THAN AS AN 20 ELECTED OFFICIAL OR AN APPOINTED OFFICIAL, MAY NOT PARTICIPATE 21 IN A CASE, CONTRACT OR OTHER SPECIFIC MATTER AS AN EMPLOYEE 22 OR OFFICIAL, OTHER THAN AN ELECTED OFFICIAL OR APPOINTED 23 OFFICIAL, FOR ONE CALENDAR YEAR AFTER THE TERMINATION OF THE 24 REGISTRATION OF THE FORMER REGULATED LOBBYIST IF THE FORMER 25 REGULATED LOBBYIST PREVIOUSLY ASSISTED OR REPRESENTED 26 ANOTHER PARTY FOR COMPENSATION IN THE MATTER. 27

28 * * * 29

30 E. Post-employment limitations and restrictions. 31

32 * * * 33

34 (2) ((Until the conclusion of the next regular term that begins after an elected official 35

leaves office, a former member of the Council)) A FORMER ELECTED OFFICIAL 36 may not assist or represent another party for compensation in a matter that is the subject 37 of legislative action FOR ONE CALENDAR YEAR AFTER THE ELECTED 38 OFFICIAL LEAVES OFFICE . 39

40 * * * 41

42 § 43-4 Financial disclosure – local elected officials and candidates to be local elected 43

officials. 44

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Ordinance No. 18-O-30 Amendments to City’s Ethics Ordinance (2) Page 3 of 4

* * * 1 2 C. Public record. 3 4

* * * 5 6

(2) Financial disclosure statements shall be made available during normal office hours for 7 examination and copying by the public subject to reasonable fees and administrative 8 procedures established by the Ethics Commission. NOTWITHSTANDING THE 9 FOREGOING, THE COMMISSION MAY NOT MAKE AVAILABLE FOR 10 EXAMINATION AND COPYING BY THE PUBLIC ANY PORTION OF A 11 FINANCIAL DISCLOSURE STATEMENT THAT CONTAINS THE HOME 12 ADDRESS OF AN INDIVIDUAL. 13

14 * * * 15

16 F. Contents of statement. 17

18 * * * 19

20 (8) Sources of earned income. 21

22 (a) A statement filed under this section shall include a schedule of the name and 23

address of each place of employment and of each business entity of which the 24 individual or a member of the individual’s immediate family was a sole or 25 partial owner and from which the individual or member of the individual’s 26 immediate family received earned income, at any time during the reporting 27 period. 28

29 (b) A minor child’s employment or business ownership need not be disclosed if the 30

agency that employs the individual does not regulate, exercise authority over, or 31 contract with the place of employment or business entity of the minor child. 32

33 (C) FOR A STATEMENT FILED ON OR AFTER JANUARY 1, 2019, IF THE 34

INDIVIDUAL’S SPOUSE IS A REGULATED LOBBYIST, THE 35 STATEMENT SHALL INCLUDE THE NAME AND ADDRESS OF THE 36 ENTITY THAT HAS ENGAGED THE SPOUSE FOR LOBBYING 37 PURPOSES. 38

39 * * * 40

41 H. FOR PURPOSES OF THIS SECTION “INTEREST” DOES NOT INCLUDE A 42

MUTUAL FUND OR EXCHANGE-TRADED FUND THAT IS PUBLICLY TRADED 43 ON A NATIONAL SCALE UNLESS THE MUTUAL FUND OR EXCHANGE-TRADED 44 FUND IS COMPOSED PRIMARILY OF HOLDINGS OF STOCKS AND INTERESTS 45

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Ordinance No. 18-O-30 Amendments to City’s Ethics Ordinance (2) Page 4 of 4

IN A SPECIFIC SECTOR OR AREA THAT IS REGULATED BY THE INDIVIDUAL'S 1 GOVERNMENTAL UNIT. 2

3 SECTION 3. BE IT FURTHER ENACTED BY THE COUNCIL OF THE CITY 4 OF ABERDEEN that this Ordinance shall become effective (i) at the expiration of twenty (20) 5 calendar days following adoption, or (ii) upon approval by the State Ethics Commission, 6 whichever occurs last. 7 8 ADOPTED this __________ day of ________________, 2018. 9

COUNCIL OF THE CITY OF ABERDEEN

_____________________________________ Patrick L. McGrady, Mayor ______________________________________ Steven E. Goodin, Councilman

______________________________________

Sandra J. Landbeck, Councilwoman

______________________________________

Timothy W. Lindecamp, Councilman

______________________________________ Melvin T. Taylor, Councilman

ATTEST: SEAL:

_______________________________ Monica A. Correll, MMC, City Clerk

Date ___________________________

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NOISE TECHNICAL MEMORANDUM

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Date: September 26, 2018

To: Phil Crocker – UM Upper Chesapeake Health

From: Mike Alberts, KB Environmental Sciences, Inc. Subject: Helipad Noise Analysis ___________________________________________________________________________ Introduction

This noise technical memorandum provides the results of noise assessment that was performed for a proposed hospital helipad site in Aberdeen, MD. The noise assessment was prepared to provide typical helicopter sound levels expected in the residential areas closest to the site.

Sound Definitions

Sound is energy transmitted by pressure waves through a medium such as air. Noise is defined as unwanted sound. The decibel (dB) is a unit used to describe sound pressure levesl. With A-weighting (dBA), sound levels approximate the sensitivity of the human ear to sounds of different frequencies. When expressed in dBA, the sound has been filtered to reduce the effect of very low and very high frequency sounds, much as the human ear filters sound frequencies.

The highest A-weighted sound level during a single event in which the sound changes with time is called the Maximum Sound Level (Lmax).

Noise Sources

Transportation sources, such as automobiles, trucks, trains, and aircraft, are the principal sources of noise in an urban environment. Along major transportation corridors, noise levels can reach 80 dBA, while along arterial streets, noise levels typically range from 65 to 70 dBA. Some common indoor and outdoor activity sound levels on the dBA scale are listed in Table 1.

Human Response to Noise

Human response to noise varies considerably from one individual to another. There is no completely satisfactory way to measure the subjective effects of noise, or the corresponding reactions of annoyance and dissatisfaction. A wide variation exists in the individual thresholds of annoyance, and different tolerances to noise tend to develop based on an individual’s past experiences with noise.

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NOISE TECHNICAL MEMORANDUM

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Table 1

Typical Sound Levels

Common Outdoor Activities Sound Level

dBA Common Indoor Activities

----110---- Rock band Jet flyover at 1,000 feet

----100---- Gas lawnmower at 3 feet

----90---- Diesel truck at 50 feet at 50 mph Food blender at 3 feet

----80---- Garbage disposal at 3 feet Noisy urban area daytime

Gas lawnmower at 100 feet ----70---- Vacuum cleaner at 10 feet Normal speech at 3 feet

Heavy traffic at 300 feet ----60---- Large business office

Quiet urban daytime ----50---- Dishwasher in next room

Quiet urban nighttime ----40---- Theater, large conference room

(background) Quiet suburban nighttime

----30---- Library Quiet rural nighttime Bedroom at night (background)

----20----

Helicopter Noise Levels

For the purpose of determining the noise levels that would result from the operations at the helipad, a noise analysis was performed using the Federal Aviation Administration (FAA) Aviation Environmental Design Tool (AEDT) Version 2d. The AEDT is the FAA- approved noise model for quantifying aircraft (including helicopter) noise. While the proposed helipad is not a federal action, the guidance contained in FAA documents is considered to be the industry standard for performing aircraft noise analyses.

Based in information from similar facilities, it is expected that the proposed helipad will support an average of one helicopter flight per day. Typical helicopter models that serve this type of facility include the Eurocopter EC145 and the AgustaWestland AW139. At this site, the helicopters would generally be arriving from the south and departing to the west. These paths avoid directly overflying the closest residential properties located east of the helipad along Graceford Dr. The AEDT modeling indicates that the EC145 and AW139 would generate Lmax decibel levels at these homes ranging from the upper 70’s to low 80’s. These properties would experience these levels on 25

NOISE TECHNICAL MEMORANDUM

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average once a day for a duration of up to a few minutes. It should be noted that these decibel levels are outdoor/exterior levels. Typical home construction reduces noise levels by 15- 20 decibels – so interior noise levels in these homes would generally range between 60 and 70 decibels.

DNL Noise Contours

In addition to Lmax single event noise levels, federal guidelines regarding the compatibility of land uses and aircraft noise levels are expressed in terms of the Day-Night Average Sound Level (DNL). The DNL represents average noise levels over a 24-hour period. In the calculation of DNL, sound events occurring during the nighttime (10:00 P.M. to 6:59 A.M.) are increased by a 10-decibel weighting to represent the increased sensitivity of people to noise that occurs at night. Based in information from similar facilities, it is expected that just over 1 flight per week (approximately 5 per month) at this site would occur during these nighttime hours.

DNL the noise descriptor used for aircraft noise exposure and land use compatibility planning. The federal guidelines indicate that all lands are compatible with aircraft noise below the DNL 65 dBA. The DNL 65 dBA contour from helicopter operations at the proposed helipad were modeled using the AEDT and is shown on Figure 1. While the contour largely remains within the hospital property boundary, a portion does extend off-property but does not encompass any residental properties.

Figure 1 DNL 65 dBA Noise Contour

Source: KB Environmental Sciences, Inc., 2018.

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