Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING MAY 14, 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 May 14, 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, Director of Public Works Glass, Interim Director of Planning, Zoning, and Development Horn and Director of Recreation and Parks Schroers; and City Attorney Levan were present. Mayor Utz proclaimed May 28, 2012 as Memorial Day in the City of Westminster and presented a Mayoral Proclamation to Dr. Arnold Amass from the American Legion Post 31. He then declared June 6, 2012 as 2012 Carroll County Law Enforcement Torch Run for Special Olympics in Westminster. Next, he presented Bob Cumberland, President of Westminster Fire and Hose Company No. 1, with a Mayoral Proclamation proclaiming the week of May 20-26, 2012 as Emergency Medical Services Week. Finally, Mayor Utz announced May 2012 at National Preservation Month in the City of Westminster. Ms. Laurie Walters presented information to the Mayor and Common Council on a new Dog Park in Bennett Cerf Park. The park will be approximately one acre lot fenced in area where dogs are permitted off-leash to exercise and socialize with other dogs in a safe environment. The dog park is estimated to cost around $15,000. Donations may be sent to the Carroll County Park Legacy Fund and also through a “Buy a Brick” fundraiser. Mr. Schroers recommended donating $500 from the Friends of City of Westminster Recreation and Parks non-profit account. MINUTES: Upon motion of Mr. Chiavacci, seconded by Mr. Whitson and unanimously passed, the minutes of the Council meeting of April 23, 2012 were approved. CONSENT CALENDAR: Mr. Whitson moved to approve the Consent Calendar, which consisted of Traffic Safety Grants. Mr. Frazier seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz thanked staff of the Recreation and Parks, Police, Public Works, and Planning & Zoning Departments for their contributions to the Flower and Jazz Festival. Mayor Utz remarked that these events are what the City is all about, bringing the citizens together. REPORT FROM THE STANDING COMMITTEES: Mr. Whitson reported that he spoke to citizens who agreed with the Mayor’s comments and that they would love to have events like the Flower and Jazz Festival every month. President Halstad added that he attended as well; the weather cooperated, and it was a great event. President Halstad reported that a local restaurant owner attended an event in Sykesville. The Town blocked off a section of the street, but allowed people to have an alcoholic drink with them while they were in that partitioned area. Being in the county it is approved by the Carroll County Liquor Board. Mr. Halstad inquired that Westminster Main Street events could allow something similar, since the County Liquor Board approves the sale of alcoholic beverages at such events. Mr. Chiavacci added that the recently approved Ordinance No. 832 was amended to be general enough that it could apply anywhere in the city, as long as there is a permit from the liquor board. President Halstad questioned who would pull a permit. Ms. Wolf replied that Chief Spaulding is looking into that and how to keep the underage guests separate. Ms. Wolf explained that controlling access may be an issue for Main Street events. Mr. Chiavacci questioned that the issue pertained not to alcohol sold on the street, but rather alcohol sold in the establishments that already have that controlled access and then brought out onto the street. Mayor Utz explained that they are not allowed to sell it and then have it leave their establishment. Mr. Chiavacci asked for the law, regulation, code or statute stating that fact; Mayor Utz replied that it is according to the County Liquor Board code. President Halstad stated that in Sykesville someone may have a booth set up for immediate alcoholic beverage sales. Mr. Schroers replied the City has a similar booth. President Halstad questioned if a private proprietor is utilizing the booth. Mr. Schroers replied that it can be or can also be sponsored by the town itself. Ms. Wolf replied that the permit process will be researched and she will present the findings to the Mayor and Common Council at a later date. BIDS: Mr. Glass reported on a recent Request for Proposal (RFP) for Bio-Solids Disposal at the City’s Wastewater Treatment Plant. The most economical RFP in all values, including land application and landfilling, was submitted by Integrated Agronomics, LLC (the existing contract holder).He stated that the proposed prices are somewhat elevated in comparison to the current sun-setting contract which expires on June 30, 2012. This price increase was anticipated during the current budget process with regard to operational expenditures and is consistent with the proposed budget amount for the same. Mr. Glass recommended Integrated Agronomics, LLC be awarded the Bio-Solids disposal contract for a period of three years as described in the RFP document. Dr. Wack questioned what the process is for how the vendor decides where the materials are going. Mr. Glass explained that they would like to use land applications as much as possible, and that is much more economical to do that in Maryland where the environmental laws are more strict. Mr. Glass explained that the vendor has multi- state areas where it can dispose of sludge when unable to apply it to the fields in Maryland. Dr. Wack questioned if the sludge needs to be applied the day it is delivered. Mr. Glass replied that Maryland requires the load to be incorporated into the field within a six hour period. Dr. Wack questioned what is the check and balance at the end of the quarter when receive the bill and had to go to the landfill. Mr. Glass replied that in some cases it all has to go to the landfill. Mr. Glass explained the amount of profit really doesn’t change because the contractor makes a set amount of dollars per ton. There is a tipping fee that takes up most of the landfill costs. President Halstad questioned if there is an incentive to choose the landfill over another disposal option. Mr. Glass explained that the incentive is going to be the time spent; the quicker the load can be incorporated and the truck back to get another load, then more money is made. The landfill that the sludge material goes to is the same landfill in George County, Virginia to which the trash goes. Dr. Wack questioned if the contractor does the incorporation or if the farmer does it. Mr. Glass replied that Maryland requires the application be done by the transportation permit holder. President Halstad suggested that if it is a three year deal, to assess at the end of 2015 how it went. Mr. Glass explained that the first contract was a five year deal and since then he had the contract extended for the same costs. Upon motion of Dr. Wack, seconded by Mr. Chiavacci and unanimously passed, to award the bid to Integrated Agronomics, LLC for a three year period was accepted. ORDINANCES AND RESOLUTIONS: Mayor Utz stated that for this year’s budget to come together, be acknowledged and adopted, it took a lot of work and effort not only from the staff, but from the Finance Committee, and Common Council itself during the workshops and the public hearing. Mayor Utz thanked Gary Ehlers and his staff for bringing the document together and for producing a budget that will be one cent less on the tax rate. President Halstad thanked the Mayor for his introductory comments, and asked if there were any questions or comments from other Council members. Mr. Frazier stated that when the first budget workshops began, the budget was presented at $33,994,603 and included the one cent tax reduction. He explained that now the budget is at $33,514,402 which is $479,000 less. Mr. Frazier questioned the difference, if it came out of the general fund and why the tax rate couldn’t be lowered another two cents. Mr. Ehlers explained that when the budget workshops began, the one cent reduction in taxes had not been taken into account. General Fund revenue expenditures are balanced at $14,909,228 and includes the capital tax. Deductions made in the general fund were the result of taking out the tax rate decrease which reduced revenue and expenditures to $14.9 million. An increase in the water/ sewer rates was also proposed, but after the workshops was deemed unnecessary at that time. The Public Housing fund budget is balanced at $2,326,102; revenue and expenditures for the sewer fund is estimated at $8,485,514; the water fund revenue for FY13 is estimated at $8,681,603 while the expenditures are estimated at $7,817,320. A portion of the water Revenue, $864,283, is targeted to fund the balance as reserves for the future capital project requirements. Mr. Ehlers explained there were more than 200 changes made on the budget since discussions first began in February. Dr. Wack motioned to suspend the Rules of Order and Procedure to introduce and adopt Budget Ordinance No. 833. Mr. Frazier seconded and motion unanimously passed. Mr. Chiavacci motioned to introduce and adopt Budget Ordinance No. 833 for FY2013, Dr. Wack seconded. Budget Ordinance No. 833 was unanimously passed, introduced and adopted. UNFINISHED BUSINESS: President Halstad asked Ms. Wolf if there was anything new that needed to be added for the approval of the FY2013 Operating Budgets. Ms. Wolf replied that there were no additional changes. Upon motion of Mr. Dr. Wack, seconded by Mr. Chiavacci and unanimously passed, the FY2013 Operating Budgets were approved. NEW BUSINESS: Mr. Horn reported that Mr. & Mrs. Owings requested consideration of a Good Cause Waiver in an effort to connect to the City’s wastewater system. The Owings’ petition was put forward as a result of the failure of their on-site private septic system. The subject property is located outside the City’s corporate limits, receives City water and is adjacent to an existing City sewer service line. As a result, the property meets the criteria for Good Cause Waiver consideration by the Mayor & Common Council. The Carroll County Health Department supports the proposed sewer line connection because of insufficient on-site acreage for a replacement septic system. In light of the above findings, Mr. Horn recommended favorable consideration and approval of the Good Cause Waiver by the Mayor and Common Council. President Halstad questioned if the County is making the property owner apply for the Good Cause Waiver. Mr. Horn explained that the Health Department is requiring the property owner to hook up to the City system because the City lines are adjacent and the property is already on the City water system President Halstad questioned that if the City were to refuse the connection, what homeowner could do at that point. Mr. Horn replied that the Health Department may require the City connection. Mr. Glass explained that under the current situation, it is easy for the property owner to hook up to the City sewage line. He explained that if there was not a pipeline or if the City refused the connection, then the Health Department would then be more susceptible to allow the homeowner to repair the system that they have. Dr. Wack stated that if did not grant the connection, then the Health Department would take the City of Westminster to court. President Halstad explained the homeowner could follow suit alleging that the City had improperly deployed the ordinance. Mr. Horn explained that the requirements related to the new septic technology now require much more acreage. Mr. and Mrs. Owings are on the City water system and Mr. Ed Singer was contacted to inquire if there was capability to hook up to the septic system rather than replacing the property owner’s septic system. Mr. Horn stated that the City Code has certain criteria that has to be met for the Council to consider granting the Good Cause Waiver. Dr. Wack stated that the homeowner has to pay for the hook up and any other costs associated with the connection. The only thing cost to the City is capacity. Upon motion of Mr. Chiavacci, seconded by Whitson, the Good Cause Waiver was approved. DEPARTMENT REPORT: President and C.E.O. of the Westminster Fire and Hose Company No. 1 Bob Cumberland reported that for the month of April, the department responded to 148 fire calls; 58 in the City, 71 in the County, and 19 Mutual Aids. He shared there is an average of 10 responders per call. Mr. Cumberland stated for the year of 2012, the department had 489 calls compared to 2011, when they had 486. Mr. Cumberland also reported that EMS ran 419 calls, averaging 13 calls a day. The department’s total for 2012 is 1,613 compared to 2011 at 1,589. Mr. Cumberland pointed out that department was up 24 calls from last year. He stated that 184 calls were in the City, 224 were in the first due, which means they were outside of the City limits, and 11 were mutual aid calls. Mr. Cumberland shared the details of an unfortunate fire incident on May 13, 2012, just outside of the City limits at Sullivan Avenue and Pennsylvania Avenue. The total fire loss up until May 1st was $848,400. Mr. Cumberland shared that two weeks ago at the Shock Trauma Gala, two of the career staff, a volunteer and also one who works for one of the neighboring fire companies received a Life Saving Award for saving a gentleman’s life in a vehicle accident. Mr. Cumberland thanked everyone for their support at the Flower and Jazz with their pit beef and ham stand. Mr. Glass shared that he and Mayor Utz were interviewed by Channel 2 news regarding to the recent dry spring season. He explained it was a follow up of the tragic stories in the year 2002/2003. Mr. Schroers thanked the Mayor and Council for their kind words about the Flower and Jazz festival. He added it was a great day all around. Every department in the City rallies around to make the day possible. Mr. Schroers thanked Nikki Haschert, explaining she chaired the Flower and Jazz Festival for the first time and she did a superior job. Mr. Schroers shared that there were over 120 runners this year for the 5K Run/ Walk event out at the Wakefield Valley Community trail. This event benefited the nonprofit fund for Recreation and Parks which is helping fund the new dog park, and also partnered with the Carroll County Youth service Bureau. Mr. Schroers shared his appreciation for everyone’s help on that event. Mr. Schroers then reported having the annual Daddy/Daughter date night at Martin’s Westminster, and 125 couples were expected. He added the pool opens up on Saturday, May 26th. Chief Spaulding reported that following the Torch Run on June 6th, there will be a ceremony that will conclude the run. Chief Spaulding shared that following the ceremony will be a great luncheon for all those involved in the Torch Run for the walking event. They expect to feed about 250 people at the John Street Quarters of the Westminster Volunteer Fire Department. Ms. Wolf reported that there are two budget hearings going on that could have an impact on the City. Missy Wilcox will represent the City at the Carroll County Board of Commissioners meeting, commending the commissioners for the library Sunday hours and additional security people. The special session in Annapolis may also impact the County Budget if the teacher pension costs are shifted to the County. She then reported that the Historic Preservation Scavenger Hunt this year is themed “History Through Rose and Other Colored Glasses”. Ms. Wolf explained that the featured sites include stained glass windows on Main Street. This contest will run until the end of the month and the winner will receive an award at the June 11th Council meeting. Ms. Wolf also stated that the City of Westminster received statistics on the use of the website from October 2011 to March 2012. There were 25,864 unique visitors who visited the City’s site 35,658 times. Ms. Wolf commented that a lot of people are visiting the City’s site. Ms. Wolf reported trying two new ideas with food vendors. She explained that the first is with Billy Schroeder, starting on Saturday, May 19th. He is cooking pit beef in front of his store, but he will sell from inside his restaurant. Ms. Wolf explained the second idea is still being coordinated, but includes a hot dog vendor at the County office building. The vendor was there, but there were complications that are in the process of being worked out. Ms. Wolf explained that have had a number of inquiries about different kinds of food vendors. Ms. Wolf explained the Chief is helping to formulate a way to allow the vendors to set up within City limits. Mayor Utz added that these are trial runs, and there are no guarantees given to the vendors. Dr. Wack questioned the City’s jurisdiction in conjunction with the Health Department. Ms. Wolf replied that all vendors have been approved by the Health Department to run their businesses. Ms. Wolf reminded council that we will not be meeting May 28 due to the Memorial Day holiday. ADJOURN: President Halstad adjourned the meeting at 8:32 PM. Respectfully Submitted, Shannon Visocsky