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Town Council

Regular Meeting

Mount Airy, MD · April 6, 2020

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Agenda

PATRICK T. ROCKINBERG Council Members Mayor JASON M. POIRIER Secretary LARRY G. HUSHOUR Council President PAMELA M. REED K A R L L. M U N D E R PATRICIA R. WASHABAUGH TENTATIVE MOUNT AIRY TOWN COUNCIL AGENDA Meetings are held at Mount Airy Town Hall, 110 S. Main Street, Mount Airy, MD APRIL 6, 2020 This meeting will be broadcast live at https://www.facebook.com/TownofMountAiry/ and on local Channel 23. It can also be viewed live at www.carrollmediacenter.org. Questions can be asked during the meeting by typing a comment via Facebook, or by emailing gcampanile@mountairymd.gov. Town Hall is closed to the public and this meeting is taking place via Zoom. The Public Hearing on Ordinance 2020-2, Proposed Text Amendment Restaurant I Zone, scheduled for 7:15 p.m. has been postponed. REGULAR TOWN COUNCIL MEETING - 7:30 P.M. • CALL TO ORDER • PLEDGE OF ALLEGIANCE • PRESENTATIONS • SPEAKER(S) • APPROVAL OF COUNCIL MEETING MINUTES & CLOSED MINUTES, and other related minutes as listed: ▪ March 2020 Town Council Meeting Minutes ▪ March 2020 Closed Meeting Minutes, Statutory Authority to Close Session, General Provisions Article 3-305 (b)(3); To consider the acquisition of real property for a public purpose and matters directly related thereto – Subj: Rigler, CSX, possible location for new police station, downtown parking and Hotel Street. • MOUNT AIRY POLICE CHIEF REITZ’S MONTHLY REPORT • MOUNT AIRY VOLUNTEER FIRE COMPANY REPORT P.O. Box 50, Mount Airy, MD 21771 Telephone: (301) 829-1424 • Fax: (301) 829-1259 Email: town@mountairymd.gov • Web Page: www.mountairymd.gov • COMMUNITY CONCERNS/CITIZENS COMMENTS • ORDINANCES AND RESOLUTIONS: a. Ordinance 2020-2 – Proposed Text Amendment Restaurant I Zone – Reschedule public hearing b. Ordinance 2020-6 – Budget Amendment to remove $525,000 for Rails to Trails East of Main Street – for introduction c. Ordinance 2020-7 – Budget Amendment to remove $637,426 for Rails to Trails West of Main Street – for introduction d. Ordinance 2020-8 – Budget Amendment to remove $580,000 for Watkins Park Inclusive Playground Project – for introduction e. Ordinance 2020-9 – Budget Amendment to remove $680,000 for Windy Ridge Park Access – for introduction f. Ordinance 2020-10 – Budget Amendment to remove $800,000 for the Twin Ridge Storm Water Management Project – for introduction g. Ordinance 2020-11 – Budget Amendment to remove $344,500 for the Elevated Water Storage Tank #2 Repainting Project – for introduction h. Ordinance 2020-12 – To Adopt the Budget & Tax Rates for Fiscal Year 2020-2021 – for introduction & schedule public hearing i. Ordinance 2020-12 (Option 2)– To Adopt the Tax Rates for Fiscal Year 2020-2021 – for introduction j. Ordinance 2020-13 (Option 2)– To Adopt the Budget for Fiscal Year 2020-2021 – for introduction & schedule public hearing k. Ordinance 2020-14 – Emergency to Extend Certain Deadlines – For Adoption l. Ordinance 2020-15 - Emergency Budget Amendment to add $30,000 to the General Fund for Covid-19 - For Adoption • UNFINISHED BUSINESS • NEW BUSINESS • Manhole Rehabilitation Recommendation – B. Quinn • Twin Ridge Stormwater Management Pond Recommendation – B. Quinn • Public Works Agreement – Twin Arch Business Park Lot 18A – B. Quinn • Schedule budget workshop – C. Singleton • MAYOR AND COUNCIL REPORTS – Highlights/action items only • Mayor Rockinberg’s Report & Commission appointments and re-appointments. • Beautification - Parks & Recreation Commission (COUNCILMEMBER MUNDER) • Economic Development – Planning Commission (COUNCILMEMBER REED) • POIRIER) • Streets & Roads Commission (COUNCILMEMBER WASHABAUGH) • Water & Sewer Commission and Special Projects (COUNCILMEMBER HUSHOUR) • Town Administrator Report (DAVID WARRINGTON) • Town Attorney Report (TOM MCCARRON) • Code Enforcement Officer Report P.O. Box 50, Mount Airy, MD 21771 Telephone: (301) 829-1424 • Fax: (301) 829-1259 Email: town@mountairymd.gov • Web Page: www.mountairymd.gov • POSSIBLE CLOSED MEETINGS - “STATUTORY AUTHORITY TO CLOSE SESSION, GENERAL PROVISIONS ARTICLE” – as allowed by 3-305(b)(3) To consider the acquisition of real property for a public purpose and matters directly related thereto, Subj: • ADJOURNMENT Doc: R: administrative/councilagenda/agenda TC April 2020 draft P.O. Box 50, Mount Airy, MD 21771 Telephone: (301) 829-1424 • Fax: (301) 829-1259 Email: town@mountairymd.gov • Web Page: www.mountairymd.gov PATRICK T. ROCKINBERG Council Members Mayor JASON M. POIRIER Secretary LARRY G. HUSHOUR Council President PAMELA M. REED K A R L L. M U N D E R PATRICIA R. WASHABAUGH Minutes of the Mount Airy Town Council Meeting March 2, 2020 Attendees: Town Officials: Mayor Patrick Rockinberg, Council President Larry Hushour, Councilmember Washabaugh, Councilmember Munder, Councilmember Reed and Councilmember Poirier. Town Staff: David Warrington- Town Administrator, Barney Quinn – Town Engineer, Tom McCarron - Town Attorney, Chief Reitz, Holly McCleary – Town Clerk, Colleen Reilly – Administrative Assistant, Katie Moore- GF Accts. Payable, John Breeding – Community Planning Administrator, Gina Campanile- Director of Communication & Events. OTHERS: Approximately 52 residents/visitors and 4 reporters. 1. CALL TO ORDER AND PLEDGE – Councilmember Hushour called the meeting, held at Town Hall 110 S. Main Street, to order at 7:30 p.m. and Cub Scout Pack 460 led everyone in the pledge. 2. PRESENTATIONS – • Councilmember Reed and the Junior Task Force gave a presentation “Youth Engaging Youth Campaign”. • Mayor Rockinberg and Councilmember Washabaugh presented the Wear Red Proclamation. 3. SPEAKERS- Steve Domotor and Michael O’Brien gave an update on the Growth Task Force. 4. APPROVAL OF COUNCIL MEETING MINUTES & CLOSED MINUTES, and other related minutes as listed- • February 3, 2020 Town Council Meeting minutes- MOTION: Councilmember Hushour moved to approve, Councilmember Washabaugh second., VOTE: All in Favor. • February Public Hearing minutes- MOTION: Councilmember Hushour moved to approve, Councilmember Munder seconded. VOTE: All in Favor. • February 3, 2020 Closed meeting minutes- MOTION: Councilmember Hushour moved to approve, Councilmember Munder seconded. VOTE: All in Favor. • February 19, 2020 Closed Meeting minutes- MOTION: Councilmember Hushour moved to approve, Councilmember Poirier seconded. VOTE: All in Favor. 5. MOUNT AIRY POLICE CHIEF REITZ REPORT- Chief Reitz gave his report. 6. MOUNT AIRY VOLUNTEER FIRE COMPANY REPORT- Bruce Walz gave his report. 7. COMMUNITY CONCERNS/CITIZENS COMMENTS- Bruce Curley spoke about the Corona virus. 8. ORDINANCES AND RESOLUTIONS- • Ordinance 2020-2- Proposed Text Amendment Restaurant Industrial Zone- For Introduction& set Public Hearing- MOTION: Councilmember Poirier moved to introduce, Councilmember Reed seconded. Public Hearing set for April 6,2020 at 7:15pm. • Ordinance 2020-3- Budget Amendment for Annual Road Repaving Project -For Adoption- MOTION: Councilmember Washabaugh moved to adopt, Councilmember Munder seconded. VOTE: All in Favor. • Ordinance 2020-4- NP Neighborhood Professional District, Proposed Text Amendment- For introduction and forward to Planning- MOTION: Councilmember Hushour moved to introduce, Councilmember Munder seconded. Forward to Planning Commission. • Ordinance 2020-5- Zoning Map Amendment for Vosloh & Fleming Properties- for adoption along with the written findings and conclusions. –MOTION: Councilmember Hushour moved to adopt amended version, Councilmember Munder seconded. VOTE: Councilmember Hushour-Yea, Councilmember Poirier-Yea, Councilmember Washabaugh- Yea, Councilmember Munder-Yea, Councilmember Reed recused herself. • Resolution 2020-3- to authorize the consumption and possession in open containers of alcoholic beverages on public property for Ava’s 5K for Down Syndrome at Watkins Park 5/2/2020 for adoption- MOTION: Councilmember Reed moved to adopt, Councilmember Washabaugh seconded. VOTE: All in Favor. • Resolution 2020-4 -to authorize the consumption and possession in open containers of alcoholic beverages on public property for MAMSA Glow run at the downtown railyard 5/16/2020- for adoption- MOTION: Councilmember Reed moved to adopt, Councilmember Poirier seconded. VOTE: All in Favor. 9. Mayor and Council Reports- • Mayor Rockinberg – Mayor Rockinberg gave his report. • Beautification – Parks & Recreation Commission – Councilmember Munder gave his report. • Economic Development – Planning Commission – Councilmember Reed gave her report. • Sanitation and Recycling & Mount Airy Sustainable Commission- No report. • Streets & Roads Commission- No report. • Water & Sewer Commission – Councilmember Hushour gave his report. • Town Administrator – David Warrington gave his report. • Town Attorney – Tom McCarron gave his report. • Code Enforcement Officers report – See attached. 10. ADJOURNMENT – Councilmember Hushour moved to adjourn the Town Council meeting, Councilmember Poirier Seconded. Vote: All in Favor. Prepared by Colleen Reilly ___________________________________________ Jason Poirier, Secretary Date For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-6 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $500,000 FOR THE RAILS TO TRAILS – EAST OF MAIN STREET PROJECT ALONG WITH THE OFFSETTING REVENUE FROM THE GENERAL FUND CAPTIAL BUDGET. WHEREAS, the Rails to Trails – East of Main Street Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS the project has not moved forward as planned and preliminary work is in process in Fiscal Year 2019-2020; and WHEREAS, the bulk of the project will be included in the budget for Fiscal Year 2020 – 2021; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $500,000 from the Grant Funded Projects line item along with the following funding: a Recreational Trails Grant in the amount of $321,002, and a transfer from a Parks Investment Account in the amount of $178,998; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this _____ day of _____________ 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________ 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-6_OrdinanceBudgetAmendment_R2TEastOfMain_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-7 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $627,426 FOR THE RAILS TO TRAILS – WEST OF MAIN STREET PROJECT ALONG WITH THE OFFSETTING GRANTS FROM THE GENERAL FUND CAPTIAL BUDGET. WHEREAS, the Rails to Trails – West of Main Street Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS the project has not moved forward as planned and preliminary work is in process in Fiscal Year 2019-2020; and WHEREAS, the bulk of the project will be included in the budget for Fiscal Year 2020 – 2021; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $627,426 from the Grant Funded Projects line item along with the funding from Frederick County Program Open Space Grants in the amount of $627,426; and that all other provisions of Ordinance 2019- 3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this _____ day of _____________ 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________ 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-7_OrdinanceBudgetAmendment_R2TWestOfMain_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-8 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $580,000 FOR THE WATKINS PARK INCLUSIVE PLAYGROUND PROJECT ALONG WITH THE OFFSETTING REVENUE FROM THE GENERAL FUND CAPITAL BUDGET. WHEREAS, the Watkins Park Inclusive Playground Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS, the project did not move forward as planned in Fiscal Year 2019-2020; and WHEREAS, the project will be included in the budget for Fiscal Year 2020 – 2021, but on a smaller scale than originally planned; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $580,000 from the Parks & Playgrounds Capital Projects line item along with the funding from a DNR Program Open Space Grant in the amount of $580,000; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this _____ day of _____________ 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________ 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-8_OrdinanceBudgetAmendment_WatkinsParkInclusivePlayground_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-9 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $675,000 FOR THE WINDY RIDGE PARK ACCESS PROJECT ALONG WITH THE OFFSETTING REVENUE FROM THE GENERAL FUND CAPTIAL BUDGET. WHEREAS, the Windy Ridge Park Access Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS, the project has not moved forward as planned and preliminary work is in process in Fiscal Year 2019-2020; and WHEREAS, the bulk of the project will be included in the budget for Fiscal Year 2020 – 2021; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $675,000 from the Parks & Playgrounds Capital Projects line item along with the funding from a DNR Project Open Space Grant partnered with Frederick County in the amount of $675,000; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this _____ day of _____________ 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________ 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-9_OrdinanceBudgetAmendment_WindyRidgeParkAccess_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-10 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $800,000 FROM THE TWIN RIDGE STORM WATER MANAGEMENT FACILITY PROJECT ALONG WITH THE OFFSETTING FUNDING FROM THE RESERVE ACCOUNTS IN THE GENERAL FUND CAPITAL BUDGET. WHEREAS, the Twin Ridge Storm Water Management Facility Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS, the project has not moved forward as quickly as planned in Fiscal Year 2019-2020; and WHEREAS, the bulk of the project will be included in the budget for Fiscal Year 2020 – 2021; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $800,000 from the Streets & Roads Capital Projects line item for the Twin Ridge Storm Water Management Facility Project along with the funding from Streets & Road Reserves and Capital Improvement & Assessment Reserves in the amount of $800,000; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this ____ day of _____________, 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________, 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-10_OrdinanceBudgetAmendment_TwinRidgeSWMF_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-11 AN ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY REMOVING $344,500 FROM THE ELEVATED WATER STORAGE TANK #2 REPAINTING PROJECT ALONG WITH THE OFFSETTING FUNDING FROM THE WATER SYSTEM IMPROVEMENT RESERVES AND THE GENERAL RESERVE ACCOUNTS IN THE WATER & SEWER FUND CAPITAL BUDGET. WHEREAS, the Elevated Water Storage Tank #2 Repainting Project was included in the budget for Fiscal Year 2019 - 2020; and WHEREAS, the project has not moved forward as quickly as planned in Fiscal Year 2019-2020; and WHEREAS, the remainder of the project will be included in the budget for Fiscal Year 2020 – 2021; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020 in order to keep the budget document as accurate as possible; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to remove $344,500 from the Water System Capital Projects line item for the Elevated Water Storage Tank #2 Repainting Project along with the funding from the Water System Improvement Reserves and General Reserves in the amount of $344,500; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: _________________________ ________________________________ Secretary President of the Council Approved this ____ day of _____________, 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________, 2020 ___________________________________ Thomas Mc Carron, Town Attorney Doc: 2020-11_OrdinanceBudgetAmendment_ElevatedWaterStorageTank#2_FY2020 For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY, MARYLAND ORDINANCE NO. 2020-12 AN ORDINANCE TO SET TAX RATES FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2020-2021. WHEREAS, in accordance with Section C6-6 of the Charter of the Town of Mount Airy and Section 6-303 of the Maryland Tax-Property Article of the Maryland Code, the Council is required to enact an ordinance setting the municipal property tax rates for each fiscal year; and WHEREAS, this Ordinance is introduced for the purpose of setting the tax rates for the fiscal year beginning July 1, 2020 and ending June 30, 2021; and NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MOUNT AIRY: Section 1. The tax rate on all real property located within the limits of the Town of Mount Airy is hereby set at $0.1662 per $100 of assessed property value (same tax rate as last fiscal year). The assessed property values shall be those used for real estate tax purposes as determined by the Carroll and Frederick County offices of the State Department of Assessments and Taxation. Section 2. The tax rate applicable to personal property located within the limits of the Town of Mount Airy is hereby set at 2.5 times the rate for real property, that is $0.41 per $100 of assessed property value. The assessed property values shall be those used for personal property tax purposes as determined by the Carroll and Frederick County offices of the State Department of Assessments and Taxation. Section 3. The tax rates established by this Ordinance shall be binding during the 2020-2021 fiscal year. Section 4. If so desired by the Town Council, upon the affirmative vote of four members of the Council, the provisions of §C2-13(B) of the Charter of the Town of Mount Airy are hereby suspended and this measure may be declared to be an emergency measure effective upon approval. 1 of 2 BE IT ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that this Ordinance shall take effect on the _______ day of 2020. Introduced this 6th day of _April , 2020. Enacted this _____day of ___________, 2020 by a vote of ______ in favor and ______ opposed. ATTEST: ___________________________________ ___________________________________ Jason M. Poirier, Secretary Larry Hushour, Council President Approved this ________ day of 2020. ATTEST: ___________________________________ ____________________________________ Jason M. Poirier, Secretary Patrick T. Rockinberg, Mayor REVIEWED AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY. This _______day of _______________, 2020. _____________________________________ Thomas V. McCarron, Town Attorney 2 of 2 For: Introduction 4/6/20 Public Hearing Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY, MARYLAND ORDINANCE NO. 2020-13 AN ORDINANCE TO ADOPT AND APPROVE THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2020-2021. WHEREAS, in accordance with Section C6-6 of the Charter of the Town of Mount Airy, the Council is required to enact an ordinance formally adopting the budget for each fiscal year; and WHEREAS, this Ordinance is introduced for the purpose of adoption of the budget for the fiscal year beginning July 1, 2020 and ending June 30, 2021; and WHEREAS, a public hearing was held at the Town Hall on May 4, 2020, regarding the proposed budget after notice was duly provided and advertised in a local newspaper of general circulation in the Town of Mount Airy. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MOUNT AIRY: Section 1. The budget attached hereto as “Exhibit A” be, and hereby is, adopted by the Town of Mount Airy. Section 2. The budget established by this Ordinance shall be binding during the 2020-2021 fiscal year. . BE IT ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that this Ordinance shall take effect on the _______ day of 2020. Introduced this 6th day of _April , 2020. Enacted this _____day of ___________, 2020 by a vote of ______ in favor and ______ opposed. ATTEST: ___________________________________ ___________________________________ 1 of 2 Jason M. Poirier, Secretary Larry Hushour, Council President Approved this ________ day of 2020. ATTEST: ___________________________________ ____________________________________ Jason M. Poirier, Secretary Patrick T. Rockinberg, Mayor REVIEWED AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY. This _______day of _______________, 2020. _____________________________________ Thomas V. McCarron, Town Attorney 2 of 2 For: Introduction: 4/6/20 Public Hearing N/A Adoption 4/6/20 THE TOWN OF MOUNT AIRY, MARYLAND ORDINANCE NO. 2020-14 AN EMERGENCY ORDINANCE TO EXTEND CERTAIN DEADLINES SET FORTH IN THE TOWN CODE IN RESPONSE TO THE COVID-19 VIRUS AND FEDERAL AND STATE DECLARATIONS A STATE OF EMERGENCY WHEREAS, the President of the United States and the Governor of the State of Maryland has declared a state of emergency in response to the spread of the novel coronavirus known as COVID-19; and WHEREAS, the Centers for Disease Control and Prevention and other public health authorities have advised taking precautions to reduce the possibility of exposure to the virus and slow the spread of the disease; and WHEREAS, preventing the spread of COVID-19 requires limiting public contact to essential matters; and WHEREAS, participants in public meetings and hearings are necessarily often in close proximity to each other; and WHEREAS, consequently, it has become necessary to cancel certain public meetings, including the March, 2020 Town of Mt. Airy Planning Commission meeting at which the Planning Commission was to (1) fully and finally consider and convey its recommendations related to Ordinance 2020-1, creating the Mixed Use Development (MXD) zoning classification, or be deemed to have approved same, pursuant to the Town Code, Section 112-67; and (2) conduct a public hearing and by Resolution make a recommendation to the Town Council concerning the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories for the years 2020-2021, pursuant to the Town Code, Section 109-19.4A; and WHEREAS, it has also become necessary to cancel certain public hearings, including the aforementioned public hearing that was to be held by the Town Planning Commission concerning water allocation; and WHEREAS, pursuant to the Town Code, Section 109-19.4A, after receipt of the recommendation of the Town Planning Commission concerning the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories, at its regularly scheduled meeting in April, the Town Council is to either approve, disapprove or modify the Planning Commission's recommendation, which obviously cannot happen as respects 2020-2021 Mt. Airy Ordinance 2020-14 to Extend Certain Deadlines Due to COVID-19 Federal and State Declarations of State of Emergency - Page 1 of 3 (for introduction and emergency adoption on 4/6/20) as scheduled given the need to postpone the Planning Commission’s March, 2020 public hearing and meeting; and WHEREAS, Section 112-67 states that if after sixty (60) days the Planning Commission has not made recommendation on a proposed zoning amendment, the Planning Commission is deemed to have approved the proposed amendment; and WHEREAS, in light of the COVID-19 crisis, the Federal and State Declarations of a State of Emergency, and given the cancelation of the March 2020 Planning Commission public hearing and meeting, the Town Council deems it necessary and in the best interest of the Town to (1) extend the Planning Commission’s deadline to decide upon its recommendation as to the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories for 2020-2021, as required by the Town Code, Section 109-19.4A, to April 27, 2020; (2) extend the Town Council’s consideration and determination as to the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories for 2020- 2021, as required by the Town Code, Section 109-19.4A, to May 4, 2020; and (3) extend the Planning Commission’s deadline under Section 112-67 to provide its recommendations on Ordinance 2020-1 creating the Mixed Use Development (MXD) zone, or be deemed to have approved same, to April 27, 2020; and WHEREAS, this Ordinance, and the extensions contained and approved herein, will be reviewed by the Town Council at its May 4, 2020 regular meeting with consideration given to amendment and, if necessary, further extension of the aforementioned deadlines based upon the circumstances and status of the crisis there and then existing. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF MOUNT AIRY: Section 1. That the Planning Commission’s deadline to decide upon and provide its recommendation as to the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories for 2020-2021, as required by the Town Code, Section 109-19.4A, be and is hereby extended to April 27, 2020. Section 2. That the Town Council’s consideration and determination as to the allocation of the Town’s Water and Sewer Capacity Yields among the Town’s Allocation Categories for 2020-2021, as required by the Town Code, Section 109-19.4A, be and is hereby extended to May 4, 2020. Section 3. That the deadline under Section 112-67 for the Planning Commission to provide its recommendations on Ordinance 2020-1 creating the Mixed Use Development (MXD) zone, or be deemed to have approved same, be and is hereby extended to April 27, 2020. Section 6. That this Ordinance, and the extensions contained and approved herein, will be reviewed by the Town Council at its May 4, 2020 regular meeting with consideration given to amendment and, if necessary, further extension of the aforementioned deadlines based upon the circumstances and status of the crisis there and then existing. Mt. Airy Ordinance 2020-14 to Extend Certain Deadlines Due to COVID-19 Federal and State Declarations of State of Emergency - Page 2 of 3 (for introduction and emergency adoption on 4/6/20) Section 5. That the Town Council, upon the affirmative vote of four members of the Council, suspends the provisions of §C2-13(B) of the Charter of the Town of Mount Airy and passes this Ordinance as an emergency measure effective upon approval by the Mayor. BE IT ENACTED AND ORDAINED BY THE AUTHORITY AFORESAID, that this Ordinance shall take effect on the 6th day of April, 2020. Introduced this 6th day of April, 2020. Enacted this _______ day of __________________, 2019 by a vote of ______ in favor and ______ opposed. ATTEST: ___________________________________ ___________________________________ Jason Poirier, Secretary Larry Hushour, President of the Town Council Approved this 6th day of April, 2020. ATTEST: ___________________________________ ____________________________________ Jason Poirier, Secretary Patrick T. Rockinberg, Mayor REVIEWED AND APPROVED AS TO LEGAL FORM AND SUFFICIENCY. This 6th day of April, 2020. _______________________________________ Thomas V. McCarron, Town Attorney B2272927.DOCX Mt. Airy Ordinance 2020-14 to Extend Certain Deadlines Due to COVID-19 Federal and State Declarations of State of Emergency - Page 3 of 3 (for introduction and emergency adoption on 4/6/20) For: Introduction 4/6/20 Public Hearing N/A Adoption _________ Effective date: _____ THE TOWN OF MOUNT AIRY ORDINANCE NO. 2020-15 AN EMERGENCY ORDINANCE TO AMEND ORDINANCE 2019-3, WHICH ADOPTED AND APPROVED THE BUDGET FOR THE TOWN OF MOUNT AIRY FOR FISCAL YEAR 2019-2020. FOR THE PURPOSE OF AMENDING THE BUDGET BY ADDING $30,000 TO THE GENERAL FUND OPERATING BUDGET FOR EXPENSES RELATED TO THE COVID-19 OUTBREAK NATIONAL EMERGENCY, FUNDED BY THE GENERAL FUND OPERATING SAVINGS ACCOUNT. WHEREAS, the outbreak of COVID-19, resulting in a global pandemic, has spread rapidly throughout the country; and WHEREAS, the Elected Officials and staff of the Town of Mount Airy are working diligently to keep citizens and businesses safe, informed and aware of help and assistance that is available to them, and: WHEREAS, providing information and assistance to citizens and businesses during this time will create expenses that were not included in the budget for Fiscal Year 2019 - 2020; and WHEREAS, a list of the known, expected expenses are provided on a list on page 3 of this document, and; WHEREAS, the Town Council wishes to provide funding for expenses related to the COVID-19 pandemic; and WHEREAS, the Town Council wishes to amend the budget for Fiscal Year 2019 – 2020; and WHEREAS, the Town Council of Mount Airy Adopted Ordinance 2019-3 adopting the Budget for Fiscal Year 2019-2020 for the Town of Mount Airy on May 6, 2019; and WHEREAS, the Town Council wishes to amend Ordinance 2019-3 as follows: NOW THEREFORE, BE IT RESOLVED that the Town of Mount Airy Budget for Fiscal Year 2019-2020 be, and hereby is, amended to add $30,000 to the General Fund Operating Budget for expenses related to the COVID-19 Outbreak National Emergency with funding coming from the General Fund Operating Savings Account; and that all other provisions of Ordinance 2019-3 shall remain unchanged and as is. Upon the affirmative vote of four members of the Council, the provisions of C2-13(B) of the Charter of the Town of Mount Airy are hereby suspended and this measure is declared to be an emergency measure effective upon approval. INTRODUCED: This 6th day of April 2020 ADOPTED: This ___ day of ___________2020 by a vote of ___ in favor and ___ opposed. ATTEST: __________________________________ ________________________________ Secretary President of the Council Approved this ____ day of _____________, 2020. ATTEST: __________________________________ ________________________________ Secretary Patrick T. Rockinberg, Mayor Reviewed and Approved as to legal sufficiency This _____ day of ___________________, 2020 ___________________________________ Thomas Mc Carron, Town Attorney List of Expenses during the COVID-19 National Emergency Community Mailer regarding COVID-19 $2,490.00 Hand Sanitizer $1,145.00 FDA certified KN95 masks (Quantity 2000) $6,399.00 COVID-19 Signs for Park Facilities $ 180.00 Protective Gloves $ 13.66 Payroll Overtime Pay Period Ending 3/28/20 $2,526.34 Hand Sanitizer for Police Dept & Town Hall $7,855.00 Signage $ 750.00 Additional funding for unknown expenses And future Payroll Overtime $8,641.00 Total Expected Expenses for COVID-19 $30,000.00 Doc: 2020-15_OrdinanceBudgetAmendment_COVID-19_FY2020 MEMORANDUM DATE: March 26, 2020 TO: Mayor Patrick T. Rockinberg and Council Members: President Larry G. Hushour, Secretary Jason M. Poirier, Patricia R. Washabaugh, Pamela M. Reed, Karl L. Munder FROM: Barney Quinn Town Engineer ISSUE: MANHOLE REHABILITATIONS PROJECT #2020-MA-G-012 PURPOSE: Town staff is seeking Council approval to award the Manhole Rehabilitations project to the bid that is in the best interest for Mount Airy. BACKGROUND/DISCUSSION: Inflow and Infiltration (I&I) has been an issue in the Town for many years and has been an increasing issue in recent years. While prior rehab work has made substantial improvements to the Town’s sewer collection system, this year we took a more direct approach, which involved night work and defining more exact locations where the I&I is coming from. This project is the first step in providing a solution to those issues that were recently found. The Town solicited bids for the Town from utility contractors during the month of March. Numerous contractors viewed the bid online and the Town received three (3) acceptable bids from contractors in March. W.F Delauter & Son, Inc. was the lowest, responsive bidder as shown in the attached bid review. There are fixed costs and unit costs and the total amount will depend on the number of manholes and other resources provided. The proposed budget amount for I&I work in FY2021 is $200,000. RECOMMENDATIONS: Town staff recommends the Town Council to award the Manhole Rehabilitations project #2020- MA-G-012 to W.F Delauter & Son, Inc. in the amount of up to $200,000. Bid Review Manhole Rehabilitations Project #2020-MA-G-012 March 26, 2020 Company Mobilization Price per Qty 20 Install New Frame and Lid Traffic Control Extra: Price Per Qty 10 W.F Delauter & Son, Inc $4,500 $44,401 $350 $2,500 $22,200.50 Ross Contracting $5,000 $60,000 $1,000 $1,500 $30,000 Humphrey & Sons $9,200 $88,800 $1,200 $1,000 $44,400 Apparent Low Bidder: W.F Delauter & Son, Inc MEMORANDUM DATE: March 16, 2020 TO: Mayor Patrick T. Rockinberg and Council Members: President Larry G. Hushour, Secretary Jason M. Poirier, Patricia R. Washabaugh, Pamela M. Reed, Karl L. Munder FROM: Barney Quinn Town Engineer ISSUE: TWIN RIDGE STORMWATER MANAGEMENT POND PURPOSE: Town staff is seeking Council approval to award the Twin Ridge Stormwater Management Pond project to the bid that is in the best interest for Mount Airy. BACKGROUND/DISCUSSION: The Twin Ridge Pond project is a mandated Stormwater Management mitigation from the State. With the help of Carroll County this is one of two ponds that was selected to satisfy drainage area requirements in the Frederick County portion of Town. The County solicited bids for the Town from general contractors during the months of February and March. Numerous contractors viewed the bid online and received six (6) acceptable bids from contractors in March. Hamilton Site Construction (HSC) was the lowest, responsive bidder with a total cost of $802,690. HSC is a Mount Airy company and has been prequalified in accordance with the bidding requirements. RECOMMENDATIONS: Town staff recommends the Town Council to award the Twin Ridge Stormwater Management Pond project # 2020-MA-G-012 to Hamilton Site Construction in the amount of $802,690. Bid Review Twin Ridge SWM Pond Project #2020-MA-G-012 March 12, 2020 Company Total Price Comments Hamilton Site Construction, Inc. $802,690 ok W.F Delauter & Son, Inc. $885,360 ok L.W. Wolfe Enterprises $1,064,212 ok CJ Miller, LLC $1,099,000 ok SMI Services, LLC $2,834,515 ok Stormwater Maintenance, LLC $5,706,508 ok Apparent Low Bidder: Hamilton Site Construction, Inc.

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