Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING JANUARY 23, 2012 QUORUM: A meeting of the Mayor and Common Council was held in the Council Chambers at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland, on the evening of January 23, 2012, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Chiavacci, Frazier and Wack; City Administrator and Acting City Clerk Wolf; City Treasurer Ehlers; Chief of Police Spaulding; Director of Public Works Glass; Interim Director of Planning, Zoning, and Development Horn; Director of Recreation and Parks Schroers; and, City Attorney Levan were present. Councilman Whitson was excused from attending. Mayor Utz conducted the public hearing on Zoning Text Amendment No. 11-2 to amend Sections 164-3, 164-119 and 164-121 of the Westminster City Code to authorize electronic message signs in the City’s Business (B), Restricted Industrial (IR), Planned Regional Shopping Center (PRSC) and Neighborhood Commercial (NC) Zones. He opened the hearing at 7:02 P.M. Mr. Horn explained that the purpose of the Code change was to recognize evolving technology for digital signage. He noted the proposed lower profile signs will be consistent with Westminster’s current design element. Ben Barr, owner of Watchfire Signs of Danville, IL, applauded the Planning, and Zoning and Development Department for being well educated on new sign technology. He stated that the proactive approach that the City is taking has sparked interest in the sign business and will be a good way for local business to increase revenue through using new signs. Mayor Utz asked if Mr. Barr thought any part of the new sign code was too restrictive. Mr. Barr replied that the only difference he found from other ordinances around the county, state and country was in the timing of how frequently messages can change, but he agreed with the final decision. Dixon Harvey, of Black Oak Associates of Owings Mills, MD, spoke in support of the sign code change. He stated that he and his associates looked at ways to improve the College Square shopping center and the new signage will be great for the small businesses there to get information out on the street. He finished by thanking the Mayor and Common Council. Dr. Wack was pleased to hear feedback from the industry, as the Planning and Zoning Commission (PZC) found it difficult to find a balance between business competition and sign regulation. Based on dialogue between the PZC and sign manufacturers, the PZC took a more restrictive approach, but were able to maintain the interests of the business community. On behalf of the PZC, he thanked the sign manufacturers for their input. Mr. Chiavacci asked Dr. Wack how the PZC decided on the timeframe for message changes. Dr. Wack stated that they looked at all of the variables to limit driver distraction including limiting colors, creating a longer message change time and no animation. Based on their research, the longer time length was a conservative approach, and although there may be resistance to the restraint, the PZC used the sign manufacturers’ feedback to ultimately decide the details of the Code change. Mr. Halstad commented that he was happy that the sign industry agreed with the City’s decision. Having no more comments from the public, Mayor Utz closed the public hearing at 7:14 pm. Staff was directed to place the item on the next meeting agenda for deliberation and decision. MINUTES: Upon motion of Mr. Frazier, seconded by Mr. Chiavacci and unanimously passed, the minutes of the Council meeting of January 9, 2012 were approved. CONSENT CALENDAR: Dr. Wack moved to approve the Consent Calendar, which consisted of December 2011 Departmental Operating Reports, Addendum to the Carroll County Arts Center Lease, MOU relating to pawn shops and precious metal dealers, and storm water management easement for the Giant Fuel Facility. Mr. Chiavacci seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz thanked his colleagues for joining him at the recent Knorr-Brake groundbreaking ceremony. He is proud of what the company does and the Planning staff and Economic Development staff worked hard to help Knorr-Brake stay in Westminster. Mayor Utz commented on a recent meeting with Human Services Programs (HSP) of Carroll County at which he, Ms. Wolf and Chief Spaulding discussed the issue of homelessness in the City. He stated that Downtown businesses have had problems with vagrancy and loitering, so the meeting was to help facilitate a direction in which to provide support and assistance to homeless people in the City. Ms. Cindy Parr has provided her personal work phone number to Downtown businesses to call and report any problems, and she will assign a person to meet with the homeless people rather than the Westminster Police Department. Mayor Utz also stated that the City will work with the County and property owners to resolve the problem along the railroad tracks parallel to MD Route 27. Mr. Chiavacci asked if the area along the railroad tracks was outside the City limits. Mayor Utz confirmed that the areas is outside City limits and does not fall under the jurisdiction of the City. Mr. Halstad complimented Ms. Parr for her commitment to resolving this problem. Mayor Utz agreed, stating that she has gathered a team consisting of members of the health department, social services and other local organizations to assist the people in need. Mr. Halstad also complimented Mayor Utz’s comments at the Knorr-Brake ceremony. REPORTS FROM STANDING COMMITTEES: Dr. Wack reported on the upcoming budget process, stating that he would like feedback from the Mayor and Council to lay out options before deciding whether to change priorities. He explained that everyone needs to understand the boundaries when looking to make any changes to the current priorities. Mr. Chiavacci stated that the lost revenue must not be collected through increased taxes or fees that could be construed as taxes. Mr. Halstad agreed, stating that making changes will be difficult, and complimented Dr. Wack on the work that he has done so far on the budget. Mayor Utz commented that the Council must give a clear direction of action in how they will move forward with budget changes. Dr. Wack stated that depending on where funds are within budgets, they may need to be moved around. Mayor Utz added that the lost revenue may not be $1M entirely, but it will still be difficult for staff to more with less. Mr. Chiavacci noted that the Council may be able to make up the funds by not filling vacant positions. He also added that the City Park turf field project will not be fully funded by the City, just the research and development aspect. He stated that the majority of funds will come from grants, and the project will be used as an economic engine to generate business in Downtown Westminster. Dr. Wack stated that the Capital projects are in good shape, complimenting Mr. Glass on a job well done. He added that the budget cuts will impact the operating budget in areas such as healthcare costs and other areas that the Common Council cannot fully control. Mr. Chiavacci applauded Mayor Utz’s comments at the Knorr-Brake ceremony, stating that the company may help the City capitalize on the new business. Ms. Wolf added that Larry Twele, former Economic Development Director for Carroll County, was instrumental in organizing the development of the new Knorr-Brake facility. Mayor Utz complimented all parties involved did an outstanding job organizing the project and keeping such a large business within Westminster. Dr. Wack noted Dr. Scott’s reference to the importance of having zoned industrial land to accommodate such large businesses. Mr. Chiavacci added that it will communicate to other large businesses that Westminster has land and space available for other complexes. BIDS: Mr. Glass explained that there are funds available for the replacement of a Lawn Tractor to be utilized at the Street Department. The City solicited proposal prices for a basic unit with attachments for this purpose. Three suppliers responded with proposals that ranged from $15,688.19 to $17,090.44. Gladhill Brothers provided the lowest proposal price of $15,688.19. City Staff reviewed and evaluated the provided proposals and found them to meet or exceed the specifications required by the City. Mr. Chiavacci asked if Finch Services provided a proposal because they are a Westminster-based business. Mr. Glass stated that they did, and their bid was the highest. Mr. Chiavacci suggested offering a percentage to local businesses in order to allow them to better compete with non-local businesses. Dr. Wack asked how he would structure that change. Mr. Chiavacci clarified that if a local business meets certain criteria, they would be entitled to provide a proposal up to, for example, 5% higher in order for the purchase to go to a local business. Mr. Chiavacci then asked what would be done with the old unit. Mr. Glass stated that the old unit would be sold at auction. Dr. Wack moved to accept the bid from Gladhill Brothers in the amount of $15,688.19 and Mr. Chiavacci seconded, and the motion passed unanimously. NEW BUSINESS: Ms. Wolf began discussion of the current water issues and stated that Mr. Horn would present planning issues and capacity management plans, Mr. Glass would present the status of Gesell Well, and Ms. Levan would discuss legal aspects within a closed session at the end of the current meeting. Mr. Horn stated that the City has been working with the local Health Department and Maryland Department of the Environment (MDE) to be in step with the consent agreement. They plan to look within the city service areas for additional water and wastewater capacity. One approach is to consider the removal of certain areas from the water service area. Mr. Horn noted that a developer of 15 acres near Walnut Ridge subdivision has approached the City and asked to not be included in the water service area. The PZC will look at this action and decide whether it is consistent with the Comprehensive Plan. Dr. Wack asked if MDE agreed with the proposed action. Mr. Horn replied that once the PZC approves the request, it is forwarded to the County Commissioners for public hearing. Then it goes to MDE, who has the ultimate approval authority. Mr. Chiavacci asked if staff knew why the developer did not want to be included in the water service area. Dr. Wack answered that because there is no water available at this time, the developer wants to move forward with the project without waiting to find out when it will be available. Mr. Chiavacci asked if the state ordinance regulating wastewater treatment was in effect; Mr. Halstad answered that it was not yet enacted. Ms. Wolf stated that there is another group requesting sewer service only from the City due to the requirement for them to have their own treatment plant. Dr. Wack stated that if the City were to contract the service area, it would lose control over the water and wastewater services there. Before changes are made, the City needs to know the effect that additional wells will have on the current available water for the City and also be wary of the extra sewer capacity generated from additional users. Mr. Chiavacci commented that when the City increased the water/sewer rates, several citizens asked him how they could come off of City water and drill a private well. He stated that if they come off of the City system, they would still be pulling water from the same source as the City. If many people were to ask to be removed from the City system, it would cause a problem with the water source. Mayor Utz clarified that if a property within City limits is in the water service area, it could not be removed. Mr. Halstad commented that in doing so it would promote lighter development, not denser development, which is counterproductive to what the City is looking for in development projects. Mr. Horn stated that due to the geographic location, the Walnut Ridge property could be easily removed from the water service area. Mr. Horn reported next on the development plan review process. The City has been approached by developers requesting interim development approvals, in advance of the ongoing water capacity issues being resolved. In the case of residential development, it is proposed that a development plan will go be allowed to proceed to preliminary review and may receive conditional approval without committing the City to a water allocation. Mr. Halstad asked Counsel if this approach will create a vesting problem. Ms. Levan replied that there would only be a problem if the project had proceeded to construct and had concrete in the ground. She suggested the addition of notes on the plat indicating that the developer acknowledges that water is not available and may not be available. Mr. Halstad asked if the developers would accept that risk; Mr. Horn indicated he believed those that had previously approached the City on this question would do so. Mr. Frazier asked if developers would accept that an approved preliminary plan would need to be redone if/when changes are made to local and/or state development regulations. Mr. Horn stated that there is no way to eliminate the risk of this occurring on any development project. Mr. Halstad stated that, while he did not see any advantage to this approach for a developer, he added that the likelihood of substantial changes to local and statewide development regulations may be low. Ms. Levan stated that no matter what a developer wants to do, if it involves water they are in a difficult situation with regard to moving forward with development plans. Mr. Chiavacci asked if funding and payment issues for private contractors and others involved in the development plan review process may be another reason for this request. Mr. Horn indicated he believed that to be true. Mr. Glass reported on the status of Gesell Well, regarding MDE permits and engineering aspects. He stated that only the treatment facility would be built for Gesell Well, and combined with Little Pipe Creek. MDE suggested more water could be appropriated if Little Pipe Creek was used primarily. If certain flow-by rates were not met, the facility would switch to Gesell Well as backup. A change order was generated for the intake engineering. The pump station would be located only a short distance from the Medford Quarry Pipeline. The permit from MDE contained restrictive verbiage, requiring written notification to change from one source to another. The City modified that verbiage and sent it back to MDE for approval. The installed stream gauge, when turned on, will immediately work to report the flow-by rate. The permit allows for the total water generated to be 330,000 gallons per day (GPD), and the City has requested that the permit remain open for future adjustment for long term pump rate. Pumping tests indicated that more water is available than the current permit states, so leaving the permit open to change allows for the numbers to be modified accordingly. In regards to engineering, the building location has been set and the next step is surveying as required by the County. The City is also waiting on an agreement from the Agriculture Center board. Staff met with U.S. Geological Survey to locate the site for the stream gauge. Design work is 75% complete, with a construction completion time of one year. Mr. Chiavacci asked if the water would be treated on site. Mr. Glass responded water from the Gesell Well would be treated on site and pumped directly to the distribution system. From Little Pipe Creek it will go to the reservoir and then to the treatment plant. Mr. Chiavacci asked if the water from Wakefield Valley is treated on site. Mr. Glass stated yes. Mr. Chiavacci then asked what sources were included in the 330,000GPD maximum. Mr. Glass answered that the gallon per day maximum would be from both water sources. Mr. Horn reviewed Public Works Agreement A-1076 for the Cranberry Shopping Center Giant Fuel Facility. He stated that Giant is building a facility over 4,000 square feet to accommodate fuel pumps, vending machines and an attendant station, and the PWA will allow them to move forward to the final stages of development. He added that the City Attorney has already approved the verbiage in the agreement. Upon motion of Mr. Chiavacci and seconded by Dr. Wack, Public Works Agreement A- 1076 was approved unanimously. Dr. Wack motioned, pursuant to Section 10-508-A-7 of the State Government Article of the Annotated Code of Maryland, to conduct an executive session at the conclusion of the current meeting to consult counsel to obtain legal advice relating to water allocation issues. Mr. Frazier seconded and the motion passed unanimously. DEPARTMENT REPORTS: President and C.E.O. of the Westminster Fire and Hose Company No. Bob Cumberland reported on the recent assistance to Reese Fire Company during the ice storm the prior week. During traffic assistance, a Reese firefighter was injured. Mr. Schroers explained the quarterly Recreation and Parks Program Guide that he handed out to the Mayor and Common Council prior to the meeting. He also reported that pool memberships and event registrations will begin on February 1 st, and his department is already accepting permits for field use and street banners. Finally, Mr. Schroers reported on the increase in visitors to the Family Center due to New Year’s resolutions. Ms. Wolf announced that Chief Spaulding will be participating in the upcoming Polar Bear Plunge, alongside the Chaplain. She reported that Dr. Wack was instrumental in setting up a meeting with a variety of organizations interested in developing an indoor Farmer’s Market. Subsequent to that meeting, it was determined that the City could reassign parking spaces and have the Tuesday outdoor Farmer’s Market located in the same location as the Saturday market instead of the Antique Mall parking lot. Ms. Wolf commented on the recent State legislation decisions on budget cuts in the police aid and highway user revenue funds. Finally, Ms. Wolf reminded the Mayor and Common Council of Councilman Whitson’s daughter’s upcoming surgery and asked that she be kept in their thoughts. ADJOURN: President Halstad adjourned the meeting at 8:16 PM. Respectfully Submitted, Samantha H. Parthree