Town Council

MINUTES OF THE MOUNT AIRY TOWN COUNCIL MEETING February 6, 2017 Attendees: Town Officials - Mayor Patrick Rockinberg; Council President - Peter Helt; Council Secretary - Ken Phebus; Councilmembers: Bob King, Jason Poirier and Scott Strong. Town Staff: Monika Weierbach – Town Administrator, Barney Quinn – Town Engineer, Tom McCarron - Town Attorney, Debbie Brennan – Town Clerk, Charlene Singleton – Accounting Dept., Heather Smith – Community Planning & Development Admin., Matt Betz – Police Services Administrator; Doug Reitz – Mount Airy Chief of Police. Others: Approximately 52 residents/visitors and 4 reporters. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE: Councilman Helt called the meeting, held at Town Hall – 110 S. Main Street, to order at 7:30 p.m. and led everyone in the pledge. Councilman Helt announced that Ordinance 2016-27 is only on the agenda to be re-introduced and set a public hearing. 2. SPEAKERS – None 3. PRESENTATIONS – (1) The Mayor presented an Outstanding Citizenship Award to Jennifer Seidel, for the work she has done on the Carroll County Board of Education. The Mayor addressed that as a community we need to be vigilant and involved to protect our schools. 4. COUNCIL MINUTE APPROVAL - TOWN COUNCIL JANUARY 9, 2017 COUNCIL MINUTES AND PUBLIC HEARING MINUTES ON ORDINANCE 2016-23 – DOWNTOWN ZONE; AND CLOSED MINUITES FROM DEC. 5, 2016 AND JANUARY 9, 2017 FOLLOWING THE COUNCIL MEETING - MOTION: Councilman Helt moved to approve the minutes stated above, seconded by Councilman King. Vote: All in favor. CLOSED MEETING was held following the 1-9-17 Council meeting as allowed by State Government Article: GENERAL PROVISIONS ARTICLE 3-305(b): To consult with staff, consultants, or other individuals about pending or potential litigation. Subject Matter: Action on Ordinance 2016-18 and denial of a special exception for sale of fire arms in residential district, and (3) to consider the acquisition of real property for a public purpose and matters directly related thereto; Subject matter: Acquisition of Train Station Property. 5. RESIDENT TROOPERS - POLICE REPORT – No report. 6. MOUNT AIRY POLICE CHIEF REPORT – Matt Betz gave the January Mount Airy Police Report for Chie Doug Reitz who was at a police function. The report is attached. The Mayor noted that they are looking into changing two of the all-wheel drives for sedans, and the police dog “Striker” is coming to the Police Force at no cost. Mr. Betz asked that the Mayor discuss the two sedans vs. all- wheel drive vehicles with Chief Reitz. 7. MOUNT AIRY VOLUNTEER FIRE COMPANY (MAVFC) REPORT – Bruce Walz, with the MAVFC, gave the report for January 2017, with 163 total calls for service. TOWN ELECTION – Mr. Walz is also the chair of the Board of Supervisors of Elections, and he announced that Nominations meetings with be held on 3-13-17 and 3-20-17 at 7:00 pm at town hall and will be open the entire week between. There are two council seats and the Mayor’s seat up for election. 8. COMMUNITY COMMENTS – a. Larry Hushour, 501 Westridge Drive, reported on upcoming fundraisers for rails to trails and Mackenzie – Bingo on 2/25/17 at Mount Airy Elementary School; and raffle tickets are  being sold for two Southwest airline tickets. He thanked numerous volunteers for their help with Town projects. 9. ORDINANCES Ordinance 2017-1 – Budget Amendment – caboose railings and electric. MOTION: Councilman Helt moved to approve Ordinance 2017-1, a budget amendment to pay for railings and electric for Mackenzie the caboose. Seconded by Councilman Strong. Vote: in Favor. Ordinance 2017-2 – Budget Amendment – 7 E. Ridgeville Blvd utility poles. MOTION: Councilman Helt moved to approve Ord. 2017-2, to pay no more than $20,000 to remove the poll on Ridgeville Blvd. in front of where the building was torn down on the Foreman property, due to safety issues. Seconded by Councilman King. Discussion: Councilman Phebus felt that the Town is setting a precedent and should not pay for this. Councilman King addressed why EDC felt that they should due to the situation. The Town Engineer noted that the pole would cause a hazard with the turn lane when the new building is put up. The Mayor agreed with Councilman Phebus, but also thought we should pay no more than $20,000 (1/2 of the cost). Total cost will be $43,075. Clarification was given regarding the whereas clause. Ron Thompson, with VanMar, representing the Forman’s property owner, noted that the fee has already been paid to Verizon. They are removing the pole and burying the wires under the ground, so they are making an improvement to the Town. They will be moving the pole and putting the wires underground. Councilman Phebus just does not want to set a precedent. This is for the blighted property (where there was a fire). Vote: Yea – 4; nay – 1 (Councilman Phebus). Ordinance 2016-27 – Zoning Text Amendment to Sec. 112-12 – Prohibited Uses - reintroduction and set public hearing. Re-Introduction: Councilman reintroduced Ordinance 2016-27, seconded by Councilman Strong. The public hearing will be held at 7:00 p.m. before the 3-6-17 Council Meeting. The Town Attorney addressed that the Ordinance could be passed as an emergency next month in March if it received four votes (since the emergency clause was added – marked in red), and if it is passed as an emergency, it will be passed immediately and not have to wait the 20 days. Ordinance 2017-3 – Budget Amendment Parks and Recreation Manager - Introduction. Introduction: Councilman Helt introduced the Ordinance, seconded by Councilman Poirier. It will be on the agenda in March. Ordinance 2017-4 – Budget Amendment for lease and fit-out of temporary Mount Airy Police Station. This was held until Police Chief Reitz arrived. The Town has not given the six month notice of terminating our contract. The Maryland State Police will only extend the contract quarterly. MOTION: Councilman Helt moved to accept Ordinance 2017-4 as an emergency so the Mount Airy Police Dept. can get their temporary office. Seconded by Councilman King. The Town Engineer explained what the $160,000 amendment to fit out the shell offices at the Hud Hud Building on Center St. will cover. The Mayor reviewed all of the research done to find a temporary police station, with the plan for them to go into the flat iron building. It was explained this is for temporary use, and the train station will be home of the Historical Society/Museum. Vote: All in favor. 2 10. UNFINISHED BUSINESS Town Marketing Logo – carried over from January Council meeting. It was decided that staff will continue to work with the vendor and make some changes. No heart, just add Maryland above y and make gray font. The Town Attorney will review the contract to make sure that our logo is under the Town’s control. The Town Attorney needs to get the contract from Mrs. Thorn. 11. NEW BUSINESS a) Temporary Mount Airy Police Station – done above under Ord. 2017-4. b) Recommendation to Award the Design of the Temporary Mount Airy Police Station. The Town Engineer addressed the design plan (attached) for the temporary police station on Center Street by GVA for $20,700. Bidding this out is not needed because we can retain the same engineer/architect for five years. MOTION: Councilman Helt moved that the Council accept the contract from GVA. Seconded by Councilman Phebus. The Town Engineer verified that the fee is the same, even though the quote is dated September 30, 2017. Discussion was held – this is just for interior buildout. Vote: All in favor. c) Off-site Improvements of Phase I - Flat Iron –The Town Engineer gave a power point presentation explaining Phase I off-site improvements for the Flat Iron Building. Addressing immediate benefits, and a recap of how the Town got to this point – addressing all of the Flat Iron options that have been on the Town website for review, and the proposal. He addressed past traffic study, GVA’s phase I and phase II design and who it has been presented to. GVA and Carroll Engineering has worked on this plan. The presentation tonight is on the Town website. He gave a brief introduction to Phase 2 onsite improvements. Lengthy discussion was held. Parking in the downtown area and additional parking with phase I and phase II were discussed. Mr. Quinn addressed the off site improvements on Center Street, and he is working on an agreement with Mr. Brown, owner of Gun Shack, to obtain more parking. The Mayor explained that construction for a 24 hr. work day is planned for any work that would impact traffic, parking etc. to help reduce the impact on downtown businesses. Downtown merchants and business owners, expressed their concerns with the negative impact on their businesses. Additional parking downtown is being worked on for the parking lot across from the plumbing company and next to the old bank, and some extra parking next to old train station. Lengthy discussion was held regarding Phase I, and Mr. Quinn questioned if the Council was comfortable with Phase I? Councilman King read comments and concerns from EDC, and they have recommended as their choice for parking the Esplanade (bridge) parking, and requested an ordinance to establish a parking commission to work on this. Discussion was held regarding the proposed use for the flat iron building, and it was questioned if we need it, and if the police were going in this building, and have things changed since the train station has been bought for the museum. A local very involved resident had concerns with closing Park Ave., and felt it should be looked into what is going on the Beck property before any road changes are made downtown. Options for the flat iron building and traffic flow across Cross Street, and the new proposed street were addressed. The MAVFC representatives are ok with the Town Eningeer’s proposal, but it will take 15-20 seconds longer than going up Park Ave. 3  Mr. Dertzbaugh, with EDC and on traffic study committee addressed their findings and concerns with the Proposed Phase I, and felt it will not benefit downtown businesses with regards to parking. Who was on the Parking Study Committee was addressed, along with the older traffic study. The Mayor would like to update the traffic study. Citizens were concerns that the Town police cars will take up a lot of the parking spaces. The EDCs Parking Study Committee was addressed by the Mayor, Mr. Swanson and Mr. Dertzbaugh. The Mayor felt the study should be upgraded Mr. Dertzbaugh read his letter to the Council (attached), regarding priority plan of action to address concerns for the impact of municipal projects and other changes to the downtown zone and businesses properties – contract a planning consultant within the next months ; increase property taxes; downtown zone needs to be addressed now, etc. Other citizens who are on the Planning Commission, etc. also felt a consultant or professional planner is needed, and they are getting ready to work on the downtown municipal plan and citizen input is needed. Tearing down the flat iron building and just giving this more thought was also mentioned by local business owners. Concerns were expressed how long the Town has been working on this, and it has been on the Town website, etc. and now people want it changed. It was decided that a public hearing on Phase I – Flat Iron, that Mr. Quinn proposed tonight will be held on March 20th at 7:30 p.m. after the nominations meeting. OLD STUFF 12. MAYOR AND COUNCIL REPORTS – Highlights/action items only  Mayor Rockinberg’s Report & Commission appointments and re-appointments.  Beautification - Parks & Recreation Commission (COUNCILMAN POIRIER) - Council Poirier reported that the Beautification Commission did not meet last month. The Skate Park will be open on Saturdays and Sunday’s only 12 – 5, and regular hours will start March 12, 2017. The Caboose will be open 12-4 on Saturdays.  Economic Development – Planning Commission (COUNCILMAN KING) - Councilman King addressed that there was no December EDC or Planning meeting. He addressed the Frederick Co. Main Street Cooperative Program, and how they are willing to accept Mount Airy as a Main Street affiliate, even though our Main Street is in Carroll County. MAMSA will be writing to the State to include west of Main Street in MAMSA. He reported on the very best yet, annual business card exchange held in December. He addressed agenda items Planning Commission will be working on at their January meeting.  Recycling & Sanitation Commission (COUNCILMAN STRONG) - Councilman Strong reported that there was no December meeting. The Commission is doing a survey to help meet the residents’ needs. Last lawn, leaf and Christmas tree pick up on Saturday 1-14 and there will be no more pick-ups until April. 4   Streets and Roads Commission (COUNCILMAN PHEBUS) - No meeting last month.  Water & Sewer Commission (COUNCILMAN HELT) - Councilman Helt addressed that Water and Sewer will not meet until Feb. He is on the MML Convention Planning Commission again this year.  Space Allocation Task Force (COUNCILMAN HELT) - No report.  Town Administrator Report (MONIKA WEIERBACH) – No report.  Town Attorney Report (TOM MCCARRON) - During the month he worked on Ordinances; train station property; purchase and sale agreement for 1 Park Ave., and IDA (re: Harrison Leishear property) will be meeting with Town representatives this week.  Code Enforcement Officer Report - Report distributed.  2017 Election: In Mr. Walz’s absence, Mrs. Brennan – Town Clerk, announced that the nominations for two council positions and the Mayor’s seat will be held on March 13th , 7:00 p.m. at Town Hall, and will remain open until the 2nd Nominations Meeting on March 20th at 7:00 p.m. Election will be on May 1, 2017 at the MAVFC’s activities building on Twin Arch Rd. 13. CALL FOR ANY OTHER BUSINESS –None 14. BILLS – MOTION: Councilman Helt moved that the bills be paid, seconded by Councilman King. Vote: All in favor, 15. CLOSED MEETING AND ADJOURNMENT – MOTION: Councilman Helt moved that a closed meeting be held as allowed by State Government Article: GENERAL PROVISIONS ARTICLE 3-305(b): To consult with staff, consultants, or other individuals about pending or potential litigation. Subject Matter: Action on Ordinance 2016-18 and denial of a special exception for sale of fire arms in residential district, and (3) to consider the acquisition of real property for a public purpose and matters directly related thereto; Subject matter: Acquisition of Train Station Property. Also that the Council meeting be adjourned after the closed meeting. Seconded by Councilman King. Vote: Yea – Helt; Yea – King; Yea – Poirier; Yea – Strong; and Yea – Phebus. The Council meeting agenda items ended at approximately 9:15 pm, closed meeting followed. Approved by: __________________________________ Kenneth Phebus, Council Secretary Prepared by D. Brennan – FINAL (proofed 1-26-17) use this one 5