Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING AUGUST 13, 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 August 13, 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 Acting Director of Recreation and Parks Mellor; and City Attorney Levan were present. Mayor Utz recommended the reappointments of Chris Ambrose and Lisa Aughenbaugh to Recreation and Parks Advisory Board. Upon motion of Mr. Chiavacci and seconded by Dr. Wack, the motion passed unanimously. MINUTES: Upon motion of Dr. Wack, seconded by Mr. Frazier and unanimously passed, the minutes of the Council meeting of July 9, 2012 were approved. CONSENT CALENDAR: Mr. Whitson moved to approve the Consent Calendar, which consisted of May 2012 and June 2012 Departmental Operating Reports and Approval of Ballistic Vest Partnership Grant. Dr. Wack seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz thanked the City of Westminster staff involved in the Main Street projects for their hard work, dedication, time and effort for making Main Street happen. This has been one of his goals to make Main Street what it was when he was a child. He explained that every Friday the staff meets to work on this project. He commented that it has been resounding and uplifting to hear and see what is going on. Mayor Utz congratulated Mr. Ehlers for his retirement, sharing his many accomplishments with the City of Westminster. He thanked Mr. Ehlers for all that he has done during his employment with the City. Mr. Ehlers thanked everyone for his time while being employed at the City. Dr. Wack also shared the accomplishments of Mr. Ehlers and thanked him as well for his time at the City. REPORT FROM THE STANDING COMMITTEES: Mr. Chiavacci reported that he and Mayor Utz visited the neighborhoods that participated in “National Night Out” with Chief Spaulding and his staff. He commented that this was a good opportunity for neighbors to get together, to learn about law enforcement and crime prevention. Mr. Chiavacci thanked Chief Spaulding for a wonderful evening. Mr. Chiavacci welcomed Acting Director of Recreation and Parks, Jennifer Mellor. President Halstad thanked Mr. Ehlers for his time with the City and for all of his accomplishments. BIDS: Mr. Glass reported that the FY 12-13 General Budget contains $1,181,799.00 identified as “infrastructure” for the milling and resurfacing of various streets in the City of Westminster. The project was publically advertised from July 16, 2012 through July 31, 2012 with plans and specs available for purchase on July 16, 2012. Three bids were received that ranged from $1,759,068.00 to the lowest bid of $1,434,838.00 coming from C.J. Miller, LLC. C.J. Miller has always provided exceptional product and high levels of cooperation, culminating in a positive work environment for all involved. Mr. Glass recommended the Mayor and Council accept the bid of C.J. Miler, LLC for completing the paving, milling and resurfacing in the City of Westminster. Mr. Glass shared that due to the budget, the actual contract limit will be $1,181,799.00. The contractor’s bid quantities and total contract amount will be adjusted accordingly and will not exceed the budgeted amount. Dr. Wack questioned Mr. Glass about the backlog of repair projects versus getting into maintenance once the work is completed. Mr. Glass explained that the amount anticipated is more than $1.1 million, which the City appropriated this year. The backlog is scheduled to be for the next five years, somewhere between $1.1 million to $1.5 million for each year. Upon motion of Dr. Wack, seconded by Mr. Chiavacci, and unanimously passed, to award the bid of the contract for C.J. Miller, LLC to complete the Roadway Paving Project. Mr. Glass reported that the FY12-13 General Budget contains funds for facilities maintenance identified specifically for the repair of City Hall. This project is divided into phases whereby the City will act as the general contractor with all construction work subcontracted. The specification for the window replacements were forwarded to the Historic District Commission (HDC) and a sample window was installed for their comment. As a result of the HDC review, an amended specification was prepared and the project was advertised for bid and construction in the FY 12-13 budget. Bids were received and opened on July 10, 2012 with the lowest submitted price received from Patrick Construction Building and Remodeling Inc. in the amount of $28,764.00. Patrick Construction has recently completed the column and porch renovations at City Hall, where they provided outstanding workmanship and an excellent overall project. In addition, Patrick Construction has performed multiple historic projects at McDaniel College that are very similar in nature. Mr. Glass recommends the Mayor and Common Council accept the proposal of Patrick Construction, Building and Remodeling, Inc. in the amount of $28,764.00 to complete the Energy Efficient Storm Window Replacement project as indicated in the scope of work and bid documents. Mr. Frazier questioned the range of bids. Mr. Glass explained this project went to bid twice, but only received one bid. Mr. Chiavacci commented that Mr. Glass has found accommodations with keeping the old structure and is very happy that he is taking into account the HDC’s recommendations. Mr. Chiavacci thanked Mr. Glass for making it happen. Upon motion of Dr. Wack, seconded by Mr. Chiavacci, and unanimously passed, to award the contract to Patrick Construction Building and Remodeling for City Hall Energy Efficient Storm Window Replacement. ORDINANCES AND RESOLUTIONS: Mr. Horn reported in furtherance of revitalization efforts, the Mayor and Common Council of Westminster has established a Façade Improvement Program that provides matching funds to local property owners, on a 1:1 basis. The Maryland Department of Housing and Community Development, either through the Community Legacy Program or through other programs of the Department, or in cooperation with other State departments or agencies, may provide some or all of the funding for the Project. Mr. Horn explained moving forward with the application with community legacy program to continue to fund façade program. He shared that for 10 years the City has been successful in obtaining grant funds to help improve structures within the City. Resolution No. 12-04 seeks approval for grant funds in the amount of $150,000 to be used for residential façade and nonresidential business/commercial façade opportunities. He explained that the City has expanded out to the limits of the community legacy area and into the sustainable community area. President Halstad questioned if the funds were used up every year. Mr. Horn replied that the City has been successful at using the funds. He commented that Stan Ruchlewicz was very successful in utilizing the funds on annual basis. President Halstad questioned the comparison of the figure with other years. Ms. Wolf explained that it is comparable with last year. Mr. Chiavacci commented the positive impact it has on businesses and has received other positive comments regarding this funding. He feels it is important to continue this grant funding. Mr. Chiavacci questioned if this is all grant funding from the State or if there was any money coming from the City’s budget that goes towards this program. Ms. Wolf explained the City contributes an in-kind contribution for the administration of the grant. Dr. Wack commented that this program is one that he consistently hears positive comments about from business and property owners on Main Street who have used the funding. Mr. Ruchlewicz maximized the benefit from the State program. He commented that when citizens question what the City is doing for Main Street, this is one of the things that should be mentioned. The grant fund really helps to improve the appearance of old buildings. Dr. Wack explained that the partnerships of City staff with the State agencies make this program work. Mr. Chiavacci motioned to introduce and adopt Resolution No. 12-04. Mr. Whitson seconded and motioned unanimously passed. UNFINISHED BUSINESS: President Halstad reported that for the past two months the City has been trying to create an alcohol policy that will allow, in selected cases, alcohol to be served in certain outdoor festivals or charitable festivals throughout the City. Chief Spaulding explained the policy provided in the Mayor and Common Council packet represents all the feedback received from Council and City staff. The policy represents the best case scenario for a City of our size. Chief Spaulding stated that since the last version of this document, Ms. Levan has had an opportunity to review the document, and added content with respect to the appeal process with the Council. He shared that within the policy of Section Two explains the level of insurance that will be required for those who are having these events. Mr. Chiavacci questioned the fee that will be charged with submitting the application. He also questioned if the City of Westminster charges fees for any other permits. Chief Spaulding replied that there are not any fees for activity permits. He shared that the Recreation and Parks Department charges a fee for rental of their property. Mr. Chiavacci questioned what Chief Spaulding’s thoughts were on charging a fee. Chief Spaulding explained that many jurisdictions around the State charge a fee for the expense to the City to properly plan and manage the event. There are some jurisdictions that do not charge a fee for an alcohol permit. It is up to the Mayor and Common Council to decide if they would like to charge a fee for this permit. Mr. Chiavacci questioned if these permits will require more time and effort in comparison to the other applications that the City receives. Chief Spaulding explained that major events occurring in the City do not require a lot of planning time because the City completes these months in advance. The alcohol permits will be new events that have not been planned before which will require new dynamics that will need to be considered. Dr. Wack suggested keeping a fee insuring that those who are applying are serious about the permit. President Halstad explained that the City will not receive the permit unless it is a not for profit endeavor. He shared that the applicant will have to go the County first, which has a cost associated with receiving their liquors license. There are some steps that have to be taken to show their seriousness. President Halstad suggested striking the fee. Mr. Chiavacci followed with suggesting amending the fee if experience shows that it is taking a tremendous amount of time to process the applications. Mayor Utz suggested having a deposit fee. Chief Spaulding explained that there is a caveat to charge a security deposit in the amount specified based on the event that is required seven days prior to the event, presumption being that if something were to happen to the property the security deposit will be used for those repairs. Mr. Chiavacci questioned if a security deposit is required for any other events. Ms. Mellor explained a security deposit is required for the use of keys to the rest rooms in the park facilities. Mr. Chiavacci questioned that insurance requirements: does it make a difference if it is a profit or non-profit organization. Ms. Levan found that the County determines essentially that the applicant is a nonprofit to issue a liquor license; therefore, the City does not have to add this to the policy. Ms. Levan explained that whether non-profit or not, the applicant will still have the same liability issues. Mr. Whitson questioned if the applicant is responsible for cleaning up the event. President Halstad replied that this would be part of the agreement. Dr. Wack suggested having a security deposit rather than a permit fee and not returning the security deposit if the event is not cleaned up. President Halstad questioned who would have to make the determination on what the security deposit will be. Ms. Mellor explained that from her experience someone needs to go in right after an event to assess whether an event is cleaned up or not. The Mayor and Common Council agreed that Chief Spaulding will determine what security deposit will be required for an applicant depending upon the event that is being held. The amount of the security deposit returned to the applicant will depend on any damages and/or additional clean- up required. Dr. Wack thanked Chief Spaulding, Ms. Wolf and Ms. Levan for their hard work toward the alcohol permit policy. He commented that there are enough safeguards in place in the policy to constrain any potential problems arising with these events including requirements for security and crowd control measures. Dr. Wack commented that the City has done as much as possible to mitigate the possibility of negative or adverse consequences from this, while at the same time preserving the potential positive benefits of creating a more energetic downtown. President Halstad commented that the policy can potentially provide a boost to organization from an economic development standpoint and give them something extra they can offer. Upon motion of Mr. Chiavacci, seconded by Dr. Wack, and unanimously passed, with a caveat to strike the permit fee that is currently set forth in the application. DEPARTMENT REPORTS: Ms. Mellor reported that last month was Recreation and Parks Month. Nikki Haschert put a calendar together of activities for people to do every day in the month of July. Kristi Turgeon contacted CMC and created a dedication page to Recreation and Parks Month activities. She kept everyone up to date with daily Facebook and Tweeter posts. Ms. Mellor was very pleased with how the Recreation and Parks Month turned out. She shared that the department is looking forward to adding more events next year. Ms. Mellor then reported that they are in their 10th week of summer camp. She stated that there is one full week to finish the swimming pool season, and then reopen Labor Day weekend and on Labor Day. Ms. Mellor reported that Saturday, August 18th is a concert in City Park from noon until 5 pm with Elvis impersonators, Joe Forrester and Jed Duvall, to raise money for Vietnam Veteran’s general fund. Finally, Ms. Mellor announced that on Sunday August 26th at 7 pm the Westminster Municipal Band will be playing in Belle Grove Square. President and C.E.O. of the Westminster Fire and Hose Company No. 1 Bob Cumberland reported that for the month of July, the department responded to 110 fire calls; 55 in the City, 44 in the County, and 11 Mutual Aids. He shared there is an average of 9 responders per call. He stated for the 2012, the department has 864 calls compared to 2011, when they had 872. He also reported that EMS ran 306 calls, averaging 10 calls a day. The department’s total for 2012 is 2,637 compared to 2011 at 2,836.He pointed out that the department is down 199 calls from last year. He stated that 174 calls were in the City, 169 calls were in the first due area, and 21 were mutual aid calls. He shared the total fire loss for 2012 was $$1,248,400.00. He explained EMS transported 311 patients to Carroll Hospital Center, 10 patients to University of Maryland Shock Trauma and patients refused transport 30 times. Mr. Cumberland reported the Fire Department had a financial review and are now waiting to receive a report back on where they stand from the previous year. Finally, he reported that on the third Sunday of every month the museum will be open from 1-4 pm and pit beef and ham will be served. Mr. Glass reported that there is an approximate two week delay on the Pennsylvania Lighting Program Project. He explained that they are waiting for a pole delivery before BGE can finish. Mr. Glass expects this project to be completed shortly after the end of the month. Mr. Ehlers reported the City is looking into a new financing mechanism to refinance our CA 2002 Series A infrastructure bond that is for Longwell Parking Garage after 20 years; for 10 years it is eligible for refunding. He explained that he has been working with HCD to refund that, which will save the City $159,000. In addition, he hopes to add the solar project and some of the building renovations and repairs which will allow the City to spread the cost over the period of the loan and make the capital more available for other projects in the City. Mr. Ehlers stated that he has been working with Ms. Wolf and Mr. Glass on putting this together. Ms. Wolf added that one of the other things this will help with is spreading the cost out of a number of years, giving the City the cash up front enabling the City to do the work in City Hall while staff have been relocated to 56 West Main Street. This will allow the City to have one big project going on at a time, rather than small projects. She shared that the rate for the bond is around two percent. Chief Spaulding thanked Mayor Utz and the member of the Common Council who were able to participate in the “National Night Out” events. He reminded Mayor and Common Council that Shop with a Cop Back to School event takes place Tuesday, August 21st at Dutterer’s Park at 10 am. He explained that the Police Department will be providing backpacks and school supplies for local school students that are in need. Mr. Horn reported the County is sponsoring a meeting on flood map issues. The update is August 28th. He explained that citizens that are affected by these changes are receiving letters and notification about the meeting where they can view the flood maps to see how it may affect their property boundaries. Mayor Utz questioned if anyone from the City will be affected. Mr. Horn stated that there are not very many who are affected by this. He explained that the City has received letters from the County on the City’s properties that might be affected. Ms. Wolf commented on “National Night Out”, stating that she felt it was a great event. She explained that the people who moved from the PNC parking lot into Dutterer’s Park were great. She added that a lot of people showed up for this event. Ms. Wolf revisited the sustainable community designation explaining that they are trying to use the sustainable community area for all the City’s grants. She stated that the City has carefully developed this area by combining community legacy, CDBG, Maple Street, National Historic District, and Main Street areas. Ms. Wolf explained that the City will be asking the same thing in the next grant submitted for community development block grant funding. Ms. Wolf referred back to Mr. Whitson’s report from the previous Council meeting on the Carroll Arts Center. She explained that the Arts Center, since it is their 10th year anniversary, had decided to spend $50,000 making repairs. She explained that the Arts Center contacted the City of Westminster and provided a list of repairs that they are planning to make. She explained that because the City of Westminster is the building owner, there are some repairs that are the City is responsible for and will be undertaking those repairs. She shared that the City will be putting all the façade improvements under the façade grant. The façade grant will enable the Arts Center to do some more interior work. CITIZEN’S COMMENTS: Dr. James Myers, Jr., DDS of 211 Washington Heights Medical Center in Westminster thanked the staff and Common Council for work well together and appreciates their hard work. Lori Graham, of 118 Pennsylvania Avenue, reported that Monday, August 20th is the 25th anniversary celebration for the Human Services Program, which will be held a Gunners in Taneytown. She also reported that on September 6th the Fallfest committee will have local band, “Frum the Hills,” performing at the library. She also announced that Fallfest will be held September 27th through September 30th, with Midnight Madness and Fantastic Friday being on Friday, September 28th (weather permitting). Ms. Graham reported that on October 4th, there will be the band “Three Sheets and the Wind” at the First Thursday of the Month. Finally, she announced that the annual Holiday parade will be held November 24th. Mayor Utz thanked the Fallfest committee for partnering with City of Westminster and funding the first Thursdays for the months of September, October, and November. Rebecca Orenstein, of 64 Pennsylvania Avenue, thanked the City of Westminster staff for their hard work and recognized Wayne Reifsnider for hanging an American Flag for the 4th of July on Pennsylvania Avenue after she made the request. She also individually thanked Sergeant Peters for the security that was provided while picketing the expansion of the Airport. Ms. Orenstein suggested the Council begin a program celebrating citizens of City of Westminster. She suggested that there should be a ‘Citizen of the Year’ award to recognize those who work hard towards the community. She acknowledged Ms. Graham for all of her hard work that she provides towards the City. Mr. Chiavacci commented that he liked the idea and thought that it should be something for the Council to consider. Glen Spiker, property owner of 3787 Sells Mill Road, explained that he showed up at City Hall for the July 23rd Mayor and Common Council meeting, but it had been cancelled. He questioned how he could find out when a Council meeting is cancelled. President Halstad explained that it runs in the Carroll County Times. Ms. Wolf apologized and stated that it is also on the City of Westminster’s website. ADJOURN: President Halstad adjourned the meeting at 8:16 PM. Respectfully Submitted, Shannon Visocsky