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Mayor & Common Council Meetings

Regular Meeting

Westminster, MD · March 26, 2012

AgendaMinutes

Minutes

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING MARCH 26, 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 March 26, 2012, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Chiavacci, Frazier, Wack and Whitson; City Administrator and Acting City Clerk Wolf; City Treasurer Ehlers; Chief of Police Spaulding; Interim Director of Planning, Zoning, and Development Horn; and City Attorney Levan were present. Director of Public Works Glass and Director of Recreation and Parks Schroers were excused from attending. Mayor Utz recognized Jay Bogash, who served on the Westminster Tree Commission from May 1992 until January 2012 and thanked him for his many years of service. Mayor Utz requested approval for the appointment of Cindy May to the Westminster Tree Commission. Upon motion of Dr. Wack and seconded by Mr. Frazier, the appointment was approved unanimously. Ms. May expressed her excitement at serving on the commission and looks forward to helping keep Westminster trees beautiful. Melinda Byrd, Chair of the Westminster Tree Commission explained the purpose of the commission and stated that all six seats are now filled with the addition of Ms. May. She introduced the new Heritage Tree Program which would identify designated Heritage Trees – those associated with important local or regional history, people, structures or landscapes – located within the City. She also announced upcoming events such as tree talks at Westminster Elementary School; tree plantings; the Kings Park Wetland Project in conjunction with McDaniel College; a Re-Tree Project to replace trees that have been removed from Main Street; and the Tree Workshop in October. MINUTES: Mr. Halstad noted a change requested by Mr. Ehlers regarding funding figures from August through July that were reflected in the minutes as July through June of 2013. Upon motion of Mr. Whitson, seconded by Mr. Chiavacci and unanimously passed, the minutes of the Council meeting of March 12, 2012 were approved. CONSENT CALENDAR Upon motion of Dr. Wack and seconded by Mr. Frazier, the Consent Calendar consisting of the Departmental Operating Reports for February 2012 and a General Release Agreement was approved unanimously. REPORT FROM THE MAYOR: Mayor Utz reported on a recent meeting between the mayors and city managers of the County municipalities and the Carroll County Board of Commissioners and staff regarding resident sheriffs, septic issues and PlanMaryland, the town/county relationship and economic development within the county. He stated that when asked about the Town/County Agreement, the Commissioners were not sure on funding, and that they had not yet discussed the agreement. REPORTS FROM STANDING COMMITTEES: Dr. Wack reported that the Finance Committee will be continuing work on the upcoming budget and Department Heads have their preliminary numbers. He stated that the budget information should be available to the Mayor and Common Council within a few weeks. Mr. Chiavacci reported on the meeting between the Public Safety Committee and McDaniel College regarding 2 & 4 Hersh Avenue and 148 Pennsylvania Avenue. He stated that a new program has been developed within the Westminster Police Department (WPD) system which would allow certain houses to be flagged as ‘disorderly’ which would let all parties know if the property has repeat violations. This information, which will be shared with McDaniel College Department of Campus Safety (DoCS) and the City’s Code Enforcement office will be used to trigger site inspections and possible citations. Students in these houses will be required to meet with administrative officials of the college, DoCS and WPD. Another solution was the implementation of joint patrols between the WPD and DoCS officers on Thursday through Saturday evenings from 11 P.M. until 2 A.M., for which McDaniel will be providing partial funding for overtime. Students that are charged by WPD may face court charges and DoCS will be notified so that the students may also face penalties at the college level. Chief Spaulding commented that WPD is working hard to get processes in place to fix the problems. In the past, first time offenders do not become repeat offenders after the first meeting with college administrative officials, at about a 90% success rate. Mr. Chiavacci added that DoCS and WPD will not seek out individuals, but rather that it will send a message to the entire group of residents at the house to stop bad behavior. Mr. Chiavacci then explained that the Mayor and Common Council are looking toward penalizing landlords or instituting additional requirements like rental licensing. Dr. Wack complimented Mr. Chiavacci and the Public Safety Committee for the rapid effective action on this issue, which is an ongoing process. He commented that it showed how well the City and McDaniel College work together. Mr. Halstad added that he has received positive feedback from residents regarding the additional police presence. Mr. Whitson announced the 5th Annual Peep Show at the Carroll County Arts Center from April 5th through April 15th. Mr. Halstad reported on the status of the new loitering law. He stated that the City Attorney has asked Chief Spaulding to weigh in on the verbiage before it goes to the State’s Attorney for review. The goal is to have a statute that is agreeable to both law enforcement and prosecutors. BIDS: Ms. Wolf announced that vehicle bids for a utility and a mid-size truck for the Water Treatment Plant were advertised, with emphasis to local dealerships by short list methods, and were due by Friday, March 9th at 2 P.M. Three bids were submitted for the utility truck that ranged from $29,131.00 to $31,347.04. The apparent low bidder in the amount of $29,131.00 with a trade in value of $1,853.00 was Jeff Barnes Chevrolet, 6110 Sykesville Road, Sykesville, MD 21784. Four bids were submitted for the mid-size truck that ranged from $22,807.00 to $24,484.36. The apparent low bidder in the amount of $22,807.00 with a trade in value of $2,944.00 was Jeff Barnes Chevrolet, 6110 Sykesville Road, Sykesville, MD 21784. As a result, Director of Public Works Glass forwarded a favorable recommendation to the Mayor and Common Council to formally accept the bid from Jeff Barnes Chevrolet to purchase one utility truck for the amount of $29,131.00 less the trade in of $1,853.00 and one mid-size truck in the amount $22,807.00 less the trade in of $2,944.00. Mr. Frazier asked if the trade-in values were the same for each bidder. Ms. Wolf stated that she did not have that information immediately, but it was available. Mr. Frazier asked for trade-in value information to be included in future bid information. Ms. Wolf then announced that a vehicle bid for a mid-size truck for the Wastewater Treatment Plant was advertised, with emphasis to local dealerships by short list methods, and were due by Friday, March 9 th at 2 P.M. Four bids were submitted that ranged from $22,807.00 to $24,484.36. The apparent low bidder in the amount of $22,807.00 with a trade in value of $4,245.00 was Jeff Barnes Chevrolet, 6110 Sykesville Road, Sykesville, MD 21784. As a result, Director of Public Works Glass forwarded a favorable recommendation to the Mayor and Common Council to formally accept the bid from Jeff Barnes Chevrolet to purchase one mid-size truck in the amount $22,807.00 less the trade in of $4,245.00. Upon motion of Mr. Chiavacci, seconded by Dr. Wack, the bids for the Water Treatment Plant and Wastewater Treatment Plant vehicles were approved unanimously. DEPARTMENT REPORTS: Mr. Ehlers reported that the VoIP phone system conversion was completed successfully, with very few problems. He stated that the only phones still to be converted were in one section of the police department. Mr. Chiavacci asked if the Common Council members would have voicemail boxes on the new system, the same as they had on the old phone system. Mr. Ehlers affirmed that they do and that they will receive instructions on how to set up the new voicemail boxes. Mr. Ehlers also reported that although the Finance Committee Chairperson is optimistic about the upcoming budget, he did not share that enthusiasm. All line items have been entered resulting in a smaller budget shortfall than expected. He stated that there will be a Finance Committee meeting on Friday, March 30th at 8 A.M. to discuss the budget. Chief Spaulding announced the Westminster Police Department Awards Ceremony at 1 P.M. on March 30th at the Carroll County Arts Center. Mr. Horn reported on several pieces of legislation regarding environmental issues such as Storm Water Management fees payable to the County to offset the expense of installing those systems. He stated that City staff is watching for the outcome of the legislation. Ms. Wolf explained the Economic Development literature that was distributed to the Mayor and Common Council for promotional purpose to outline actions they are taking for local small businesses. The City has invited the County Economic Developer, Mr. Weitman, to help discuss issues with the City’s local businesses. She also stated that the Board of Commissioners was pleased with the cooperation efforts of the City and Knorr Brake. Ms. Wolf announced the Holiday House Tour informational meeting on March 27th at 7 P.M. at the Church of the Ascension; that work on the porch of City Hall will begin during the upcoming week; the upcoming restaurant week in Downtown Westminster during April 20th through April 28th; and, finally that the MML Scholarship Longaberger Basket Raffle tickets are still on sale until March 30th. Mr. Chiavacci asked what neighborhood would be featured during the House Tour. Ms. Wolf stated that the Tour would take place in the Historic East End neighborhood and would include a combination of homes and businesses. Mr. Chiavacci recommended not allowing Tour guests to bring food or drink into homes, as spills damage carpets. Mr. Frazier asked what type of insulation was used in the attic of City Hall. Ms. Wolf answered that the type approved by the Historic District Commission was what was used, though she was unsure exactly what type. CITIZEN COMMENTS: Mr. Halstad thanked Boy Scout Troop 393 for attending the Council meeting and asked that each boy introduce himself, including rank, to the Mayor and Common Council. He then asked if anyone had any questions for the Mayor and Common Council. Isaac Ryan, Quartermaster, asked about conditions at West Middle School. Mr. Chiavacci explained that the schools are regulated by the County, and the City does not have control over anything at the area schools. Mr. Halstad thanked Mr. Ryan for voicing his concerns, and then explained the different levels of government, beginning with the City Council and going to the United States President. Jamie Prue, 132 ½ East Main Street, thanked the Mayor and Council for the opportunity to speak to them regarding issues at 136 East Main Street, known as Jones Manor. She stated that there are loud people and music at night, fighting and littering. Ms. Prue commented that the lewd activities and rude remarks that she has endured from residents of the property are out of control. She noted that the property owner has received over 100 citations across all of his properties within the County, and asked how the Council can resolve the issue. Mr. Halstad stated that rental licensing will be looked into to curb the problem. Mr. Chiavacci thanked Ms. Prue for coming and speaking about the problem. He added that licensing forces landlords to be responsible for their tenants and their properties. He also stated that at least one landlord has come forward and asked that the City employ rental licensing to raise the level of renters and landlords within the City. Finally, he asked Chief Spaulding to keep an eye on the property at 136 East Main Street for problems. Jennie Gallardy, 132 East Main Street, voiced concern about the properties at both 128 and 136 East Main Street. She asked for a task force to be established which included the neighborhood residents of the problem areas. She questioned the effectiveness of current actions if the problems continue. Ms. Gallardy requested the landlords of the problem properties be held accountable and agreed that rental licensing would help solve the issues. She complained that the stores and restaurants in Downtown Westminster close too early and believes that more people would frequent Main Street to deter problems if the entertainment and activities were available later into the evening. Christopher Dorsey, 130 East Main Street, also had concerns about the loitering and vagrancy problems all along East Main Street, particularly around 128 and 136 East Main Street, stating that he had to install a fence around his property to keep out trespassers. He suggested the City install surveillance cameras in the area to deter illegal activity. Finally, Mr. Dorsey complimented the Downtown area for being a great area, including the City Park, and sees great potential once the problems are solved. George Clift, 146 Pennsylvania Avenue, thanked Mr. Whitson, Mr. Chiavacci and Chief Spaulding for helping to fix the problems at 148 Pennsylvania Avenue and 2 and 4 Hersh Avenue. He also added that the care and conditions of properties needs to be more heavily enforced, and landlords need to be responsible for solving issues with tenants and property conditions. He would also like to see a task force created which includes residents of the area. Mr. Halstad clarified differences between the neighborhoods on Pennsylvania Avenue and East Main Street, not simply the type of residents at the problem properties. Dr. Wack added that when the Mayor and Common Council tried to hold landlords accountable in the past, they were met with opposition from many different organizations. Mr. Halstad added that with the realtor community agreeing with the requirement of rental licensing, it would help get the program put into place. Ms. Gallardy commented that when she complained to the City about the property at 128 East Main Street, she felt that the property owner received special treatment rather than being cited for the problems. She also believed that her name was provided to the property owner. Ms. Wolf stated that it is not City policy to give complainant information. Ms. Levan commented that the complaint must be an observable offense for the City to take action and enforce the City Code. Tina McAulay, 9 Monroe Street, commended the Westminster Police Department on a job well done with 2 and 4 Hersh Avenue. She offered to be included in the resident task force, if one were established. Lori Graham, 118 Pennsylvania Avenue, expressed concern regarding the Common Council’s vote on the Red Light Camera contract renewal. She asked why Mr. Frazier and Mr. Whitson voted against public safety by saying that the government is overstepping boundaries through using those cameras. She also asked if those members could account for the lost revenue if the program was terminated. Mr. Frazier stated that he was not looking at the revenue because the cameras were installed for public safety. Ms. Graham replied that she was upset and scared that although the percentage of increased public safety is high, Mr. Frazier still voted against the program. Mr. Frazier answered again that he did not vote against public safety, but rather the overstepping of the government. ADJOURN: President Halstad adjourned the meeting at 8:16 PM. Respectfully Submitted, Samantha H. Parthree

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