Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING AUGUST 27, 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, Interim Director of Planning, Zoning, and Development Horn and Acting Director of Recreation and Parks Mellor; and City Attorney Levan were present. Director of Public Works Glass was excused from attending. Mayor Utz recommended the reappointment of Greg Goodell to the Historic District Commission. Upon motion of Mr. Chiavacci and seconded by Dr. Wack, the motion passed unanimously. Mayor Utz conducted the public hearing on the CDA Infrastructure Bonds, 2012 Series. Mr. Ehlers reviewed with the Mayor and Common Council Resolution 12-05 CDA Infrastructure Bonds, 2012 Series would be authorizing $3,572,200 of public debt (the “Bonds”) to be issued under the State of Maryland’s Local Government Infrastructure Financing Program, pursuant to the authority of Section 4-230 of the Housing and Community Development Article of the Annotated Code of Maryland, as amended. The purpose of this debt is to refund the remaining $1,541,400 balance of the 2002 SERIES A Bond issued for construction of the Longwell Parking Garage, at a lower interest rate for $1,572,200; to fund up to $2,000,000 for various facilities improvements as provided for in the City’s Capital Improvement Plan; and to pay the costs of issuance of the Bonds. The facility projects to be financed includes $288,000 for City Hall Building Renovations; $487,000 for Street Facility Building repairs & solar panels; $1.110m for Armory building repairs, renovations and geothermal system; $222,000 for the Carroll Arts Theatre façade, interior renovations & solar panel and contingency fund. These projects were approved in the Capital Improvement Plan for FY2013 – FY2018 totaling $2,000,000. The facility projects will be accomplished based on actual costs not to exceed debt funded levels. The intent of this aspect of debt is to be able to accomplish all projects for one facility as a single, major project in order to minimize disruption of services to the public. Mr. Charlie Day from CDA explained that this program is created to assist Maryland’s jurisdictions that have limited access to capital project financing markets. CDA aggregates local government interest, combining requests from the City of Westminster, Town of Mount. Airy, City of Aberdeen, and City of Cumberland. This approach aggregates their collective loan demand, thus creating financial efficiencies. CDA issues bonds, loaning the proceeds to the participating local governments. Mr. Day added that the jurisdiction receives fixed rate bonds in as short of a term as 5 years, and as long as 30 years. The City of Westminster participated in this program in 2002 and again in 2005. The City previously borrowed $4.8 million with a term of 25 years. Mr. Day shared that CDA’s financial advisor has done a refunding analysis specific to the 2002 Series A bond, estimating a savings in the current interest rate of approximately $159,000. For this particular financing, CDA is hoping to include the City of Cumberland, Mt. Airy, Saint Mary’s Metropolitan Commission, and the City of Hyattsville. With five municipalities participating (including the City of Westminster) , there are approximately $26,000,000 in loan requests. Dr. Wack questioned Mr. Day if there is a financial penalty should the City decide not do draw on the $2 million. Mr. Day replied that there is no penalty, but the City will need to eventually draw on the money. He explained that in past experience, jurisdictions have identified and prioritized projects in need of timely financing. Mr. Day explained that Legislation authorizes the City to borrow up to $2 million. He suggested the City of Westminster not borrow any more than what is needed. Dr. Wack questioned Mr. Ehlers if the City’s participation represents an approval of the projects. Mr. Ehlers replied that the Council is merely approving an application for financing. Mr. Frazier questioned if the additional $2,000,000 is obligated to the specific projects or if the monies can be utilized for another project. Mr. Day answered that the monies may be used for other projects. Dr. Wack questioned if there is a penalty for repaying early. Mr. Day explained that within a 10 year period, jurisdictions are not allowed pay off the bond. Mr. Chiavacci inquired about the cost to refinance the $1.5 million at a lower rate. Mr. Day explained that the $159,000 refund included the cost of refinancing. Mr. Chiavacci shared that within the first year the City would recoup in the cost of the bond; therefore, within the nine years that follow, the City would then make money from the bond. Mr. Chiavacci explained that he would like to have Council discuss what is needed before making a decision on applying for the bonds. He shared that refinancing the $1.5 million needs be done now, however, the City come back at another time to apply for the $2 million. Mr. Day explained there could be a spring issuance. He added that just by submitting an application does not lock the City into a bond, it is just a starting point. Dr. Wack questioned what the next step would be after the application. Mr. Day replied that the Council has until October 15, 2012, to decide if they would to continue with the bond issuance of $2,000,000, or if they would like a lower amount, or nothing at all. Mayor Utz shared that the staff pulled this information together from what has previously been discussed and approved as part of the Capital Improvement Program (CIP). While some of the capital projects would have been completed using capital funding, others may have been done in smaller increments or phases. This approach allows Council to move forward and get projects done in a more timely manner and with certain efficiencies. Mr. Ehlers explained that all of the projects under consideration are part of the approved capital program. Not all projects are funded by the capital tax/ real estate tax. Over the six year CIP period, there is $15,000,000 worth of capital fund projects. Completing the identified projects at one time minimizes disruption of services to our citizens. Mayor Utz reminded Council that once renovations are complete at 56 West Main Street, staff will be moved from City Hall to 56 West Main Street so that certain improvements can be done at City Hall. The staff would like to rehabilitate City Hall as one project rather than in segments. Dr. Wack explained that the issuance of the $2,000,000 is within the City’s budget. Dr. Wack questioned Mr. Chiavacci and Mr. Frazier if they are suggesting to not borrow at this time and wait until spring. Mr. Chiavacci and Mr. Frazier agreed that they would like to wait until spring so that the Council has time to look at all projects to see what is necessary. Mr. Nicholas Wagman of 153 East Green Street questioned Mr. Day if it is possible to issue a bond in the fall and the spring. Mr. Day replied that is a possibility. Mr. Wagman suggested to the Council that they should move forward with the application since they are not committing to anything at this time. He suggested that perhaps the Council could ask for $500,000 or $250,000 now and apply for more in the spring if necessary. Mayor Utz conducted the public hearing on the FY 2013 Community Development Block Grant (CDBG) application. Ms. Wolf reviewed the application with the Mayor and Common Council. The application requests funding assistance to be used in the reconstruction of 64 handicapped accessible ramps and the construction of 146 new ramps, within the City’s designated Sustainable Community area. The City is working with the CDA and the Maryland Department of Public Safety (utilizing prison labor for construction work) to reduce project costs. Mayor Utz explained that the project is necessary for the City to remain in compliance with handicapped accessibility requirements. Mr. Chiavacci commended staff for their efforts in meeting the needs of the handicapped community while finding financial assistance to complete the project. Mr. Sean Lawaer of 68 South Colonial Avenue, questioned Ms. Wolf about the use of prison labor during construction. Ms. Wolf explained that the prison laborers to be used are soon to be released from incarceration and will be under strict supervision. Mr. Frazier added that, during the MML convention, he spoke to a representative from Cambridge, MD, that had utilized prison labor to reduce costs. They noted that it was a positive experience for Cambridge and no problems were reported. MINUTES: Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the minutes of the Council meeting of August 13, 2012 were approved. CONSENT CALENDAR: Dr. Wack moved to approve the Consent Calendar, which consisted of July 2012 Departmental Operating Reports. Mr. Whitson seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz reported that he and Ms. Wolf attended the Human Service (HSP) Program 25th birthday celebration at Gunner’s in Taneytown on Monday, August 20, 2012. He shared that it was a great celebration and that HSP commented on their appreciation for being part of the City of Westminster community. Mayor Utz reported that he enjoyed Carroll County Restaurant week. He thanked the citizens who supported restaurant week in the City of Westminster. He added that the restaurants were busy, people flowing in and out throughout the week. Mayor Utz also reported that there are nine businesses who agreed to have their logo put onto a billboard to promote downtown. The billboard is located at the Carroll County line in Finksburg. ORDINANCES AND RESOLUTIONS: Ms. Wolf explained that State of Maryland, through the Department of Housing and Community Development (DHCD), has solicited applications from eligible jurisdictions to apply for funding under the Maryland Community Development Block Grant (CDBG) Program. The Mayor and Common Council of Westminster has held the required public hearing related to the formulation of the City of Westminster's Block Grant Application in the amount of $318,875 this 27th day of August, 2012. Upon motion of Dr. Wack, seconded by Mr. Chiavacci and unanimously passed, Resolution 12-03, Submission of an Application to the State of Maryland for Small Cities Community Development Block Grant Funds, was approved. President Halstad began with a motion to approve Resolution 12-05, Approval of CDA Infrastructure Bonds, 2012 Series B, with the purposes of opening for discussion. Mr. Chiavacci explained that he would like to apply for the $2,000,000, but wants to proceed with looking at all the projects before proceeding with the bond issuance. President Halstad questioned Mr. Day if there is a market risk should the Council decided to wait until spring. Mr. Day answered that he cannot guarantee anything for the spring and does not know which municipalities may participate at that time. President Halstad explained that if the Council moves forward with the application, the latest to decide not to pursue this application would be by mid October. Mr. Chiavacci questioned if the City has financed through banks for other projects. Mr. Ehlers replied that the City has financed projects through banks. Dr. Wack commented a loan had been taken for a road paving project, but it was paid back right away. Mr. Chiavacci questioned if it is any more efficient than getting funding through a commercial lender. Mr. Ehlers explained that he feels the bonds are better in term of fees. Ms. Wolf explained that all the identified projects have been previously reviewed as part of the CIP process. Mr. Glass has done extensive work in terms of cost projections relating to the projects contained in the CIP. Ms. Wolf suggested having Mr. Glass provide a presentation for Council on projects specifics. Dr. Wack inquired that the City should go forward with the application. He explained that just going through the application process does not negatively affect the City. Dr. Wack agreed that if the Council cannot come to consensus, then the City will not proceed with the loan in October. Upon motion of Dr. Wack, seconded by Mr. Frazier and unanimously passed, Resolution 12-05 Approval of CDA Infrastructure Bonds, 2012 Series B, was approved. Ms. Wolf explained that on or about April 15, 2010, the City of Westminster conveyed certain real property, commonly referred to as 57, 59, 61 and 63 Union Street, to the Episcopal Housing Corporation for the purpose of developing an affordable homeownership project targeting buyers with incomes less than 80% of median. Episcopal Housing undertook the project, constructed four of the nine units, and ultimately sold those four units for reduced prices after very lengthy sales periods. Episcopal has determined that building the remaining five townhouses is not financially feasible. Therefore, Episcopal Housing proposes to convey the remaining lots that it acquired from the Mayor and Common Council by Deed (deed dated April 15, 2010, recorded among the Land Records of Carroll County, Maryland, in Liber 6166, folio 230, et seq., consisting of Lots 5-9 inclusive as shown on a Plat entitled “Union Crossing” which Plat is recorded among the Land Records of Carroll County, Maryland, in Plat Book No. 51, folio 285), back to the City of Westminster in full satisfaction of its obligations to the City. The Property has been improved with water and sewer, and BGE has completed the design for gas and electric to be run thereto, effectively improving the value of the remaining property since its original conveyance to Episcopal Housing. The only encumbrance on the remaining property is a Deed of Trust in favor of the City, in the amount of $494,000, which has been paid down to $249,114. Ms. Wolf explained that the City is asking the Mayor to sign all documents that are necessary to execute the transfer. Mayor Utz questioned if there are any other restrictions on the City of Westminster for the use of the property. Ms. Wolf replied there are only CDA restrictions. Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, Resolution 12-06 Accepting the Conveyance of Lots 5 through 9 inclusive, as shown on a plat entitled “Union Crossing” from Episcopal Housing Corporation and authorizing the Mayor to execute all documents necessary to effectuate the transfer, was approved. NEW BUSINESS: At the request of Councilman Wack, appropriations were included in the Technology Services budget to enable a study of the City of Westminster Broadband offerings, and determine the feasibility of the City government designing, building, and managing a citywide broadband fiber network. This study was appropriated FY 2013 budget. CTC Technology & Energy (CTC) was contacted to submit a proposal to the City of Westminster for conducting a feasibility study, based on their experience in providing studies to the State of Maryland, and Carroll Cable Regulatory Commission. These experiences provide the knowledge base required to conduct a study for the City of Westminster. CTC submitted a detailed proposal for $38,000. They hold a contract with the State of Maryland thereby meeting the City’s requirements for competitive bid. The Common Council appropriated $30,000 in the Technology Services department, and an additional $15,000 in general government non-departmental expense to accommodate this effort. Ms Joanne Hovis, Esq., of CTC Technology & Energy, described some of the current technological trends and experiences local governments were experiencing. She explained that CTC Technology & Energy looks at whether there is an economic development and job creation element in the infrastructure into the 21st century. She added that the firm looks at planning all over the country in determining the importance of a broadband infrastructure, and how it can help in the future. She explained that the benefits of broadband to the City are financial, and that associated economic development can help small businesses and entrepreneurs. Ms. Hovis explained that the discussion about the infrastructure of the future is about fiber optics (as opposed to wireless). She shared that infrastructure will grow with communication needs, economic needs, and demographic needs. She noted that Verizon has stopped investing in their broadband [FIOS] infrastructure, and therefore is not providing the updated capabilities of Broadband. Ms. Hovis explained that this is a relatively cutting edge project. She explained that some municipalities are using applications for broadband capacity for speed. Mr. Chiavacci asked if one of the things that [CTC] will be looking at in the study, is a comparison of installing a fiber [solution] versus a wireless [solution]. He remarked that other municipalities are doing more wireless rather than fiber. Ms. Wolf announced that the City received the FY2013 Town/County Agreement in the amount of $906,611. This year’s Agreement also included $12,830 in road funds (last year’s Agreement was for $904,815, and $12,830, respectively). Also in this year’s Agreement is the ongoing commitment by the City to fund the National Pollution Discharge Elimination System (NPDES) position. Consequently, the City’s total fund will be reduced by $18,113 (the City’s pro-rated amount to fund the position). Upon motion of Mr. Frazier, seconded by Dr. Wack, the Council unanimously approved the FY2013 Town/County Agreement. Ms. Wolf discussed the status of the agreement between the City, Carroll County and the Carroll County Agricultural Center (Ag. Center) regarding the final arrangements for the connection of the Gesell Well to the City water system. Ms. Wolf explained that, in exchange for the property easements required from the County and the Ag. Center, the City will install separate water lines, meters and cut-off valves to the following buildings and facilities: Roche Rabbit Barn; Blizzard Hall; Burns Hall; Concession Building; and, the Therapeutic Riding Program arena. The water rate to be paid by the Ag Center will be the ‘inside’ the City rate. Ms. Wolf added the Gesell Well development is not included in this Agreement but is covered in a Well Construction and Water Sharing Agreement, dated June 14, 2010. Dr. Wack commented that Ms. Wolf and City Staff have worked very hard to get this agreement finalized for the past several years. Dr. Wack explained that the water we are receiving from the Gesell Well is physically located outside of the City’s corporate limits. He stated that the principal obstacle to current and future growth and development within the City is, and will continue to be, the water supply. Mr. Chiavacci agreed and added that there will be more pressure to expand City water and sewer services because of the State’s efforts to direct future growth into areas already served by public utilities. Upon motion of Mr. Frazier, seconded by Mr. Chiavacci, the Council unanimously approved the Agricultural Center Agreement/Gesell Well, No. A-1081. Dr. Wack motioned, pursuant to Section 10-508-A-1 of the State Government Article of the Annotated Code of Maryland, to conduct an executive session at the conclusion of the current meeting. Mr. Chiavacci seconded, and the motion passed unanimously. DEPARTMENT REPORTS: Mr. Cumberland reported that the average number of responders is typically 8 or 9 per incident. Mr. Cumberland explained that the Department is trying to enhance services by attracting new volunteers. He explained that finding new volunteers is becoming increasingly difficult. He said the amount of training hours has increased, resulting in a year-and-a-half commitment before a volunteer can respond to a call. Mr. Chiavacci questioned if there was something the City could do to help. He suggested that perhaps a public awareness campaign could be initiated. Mr. Cumberland shared that the Department is opening their Museum every 3rd Sunday of the month, hoping to bring people in. He noted that Fire Departments around the country are having the same recruitment/retention problem. Ms. Mellor reported that the August 18th Elvis tribute show in City Park drew 150 people and raised over $2,000 for the Vietnam Veterans memorial fund. She shared that Tom Owens’ retirement party is to be held at Bullocks Family restaurant on Sept 5th at 12 p.m. Recreation on the Move will be held at Carroll County Public Library on Sept. 6th at 7p.m. Robin Cherney will be in charge of this event. Finally, Ms. Mellor reported that the Westminster Fallfest is hosting a Bon Appétit at O’Lordan’s Irish Pub on Sept. 11th at 6p.m. The tickets are $25 per person which includes heavy hors d’oeuvres and two drinks. Ms. Wolf briefed the Mayor and Council on the coordinated effort with the County to develop groundwater sources at Union Mills. County staff had recently reported that ideal locations to drill wells had been identified. The next step would be for the County to accept bids for the well drilling and subsequent development work. It was noted that the City had previously budgeted funding for this joint City/County effort to enhance the water supply. Ms. Wolf reported that the City Tree Commission sponsored ‘Tree Walk’ event is to be held on September 4th. The event will begin at the Carroll County Public Library at 6:30 p.m. Ms. Wolf noted that a Civil War Marker will be unveiled on September 7th at Rosser’s Choice parking lot. The Mayor will be doing the dedication. Ms. Wolf informed the Mayor & Council that the grand opening of Sunday hours at the Westminster Branch of the Carroll County Public Library will be on October 21st. CITIZEN’S COMMENTS: Ms. Graham reminded Council that on September 6th, 2012, the band, “Frum the Hill”, will be playing in front of the library. She also added that September 11th, 2012, is Bon Appétit and October 4th, 2012, the band “Three Sheets and the Wind” will be playing in front of the library. Ms. Graham noted that both bands are sponsored by Fallfest. She asked that everyone come out to show them support. On October 13th, 2012, Carroll County Association of realtors is hosting a masquerade ball. Human Services Program is the beneficiary of this event. Ms. Graham asked that everyone please purchase tickets. She also reminded Council and Staff that November 24th is the holiday parade. Lyndy McNulty of 195 West Main Street reported that she is sponsoring a reception for the Rose Garden at McDaniel College for her Grandmother on September 9th, 2012. She encourages everyone who has received an invitation to please attend. Mr. Sean Lawaer of 68 South Colonial Avenue reported that he and his and neighbors are concerned about their safety, as well as the safety of their pets and children, due to the high volume of traffic that comes through their neighborhood. He explained that there have been several accidents, vehicles running stop signs, and a pet was killed. Dr. Wack commented while driving through that area one day he witnessed someone coming from Colonial toward Green Street that went through the stop sign without stopping. Mr. Lawaer commented that there was a school bus that was involved in an accident at the stop sign. He added that the stop sign is part of the problem. Mr. Lawaer explained that the police are out on Colonial Avenue quite a bit, but he feels that this has not made a difference. Mr. Lawaer handed President Halstad a list of ideas that the neighbors had shared to improve this problem. He explained that one of the ideas was to put in speed bumps. He shared that the reason for the issue is cut-through traffic. Mayor Utz expressed a concern over the cost and maintenance of traffic calming continually increasing once the City makes an initial investment. Chief Spaulding explained that he has been working in this area for a month to try to reexamine the situation at hand. He shared that he has been through the intersection several times and has not seen a violation. Dr. Wack stated that he does travel through there frequently for the same reasons that were mentioned by Mr. Lawaer and has seen people run the stop signs. Ron Herion of 75 South Colonial shared that he has had three accidents occur in front of his driveway. He commented that he has asked Chief Spaulding to please not have the police officers sit in his driveway anymore, because in the last two weeks his neighbor had two tires flattened and their property stolen. Mr. Herion explained that three days after requesting to not have the officers in his driveway, there were officers sitting in his driveway. Chief Spaulding explained that the department has been working on these issues; he had asked the officers to not sit in Mr. Herion’s driveway and apologized for them continuing to sit in his driveway. Chief Spaulding asked Mr. Herion to please call him when there are additional issues to be addressed. He further explained that the Police Department has been working out in their neighborhood with law enforcement and collecting data. He noted that there has been a traffic study which includes speed study, traffic count data, and traffic counts that classify 5 vehicle types. Chief Spaulding shared that the department has also looked at the collision data in comparison to other roadways and that there hasn’t been that many collisions. To Chief Spaulding’s recollection, the school bus accident to which Mr. Lawaer was referring was not an accident per say; the school bus had clipped a mirror on a car. Mr. Lawaer disagreed with the Chief, explaining that he had seen the accident occur. Chief Spalding explained that he has not been able to breakdown the data to present a recommendation to the Council. He further explained that if the issue is the traffic count and the red lights, etc., then the City could request a formal study by a professional traffic engineer to give the council more data as to potential solutions. He shared that the speed data that was collected over a five day period was on an average of 25 mph or less. He commented that this is a work in progress for the Police Department. Mr. Chiavacci asked Chief Spaulding if all of the streets were two way streets or if any of them were one way. Chief Spaulding replied that they are two way streets. Mr. Chiavacci inquired about making the streets one way to see what would happen. Mayor Utz inquired on how it would be decided which streets would be one way. Ms. Erica Mayhew of 57 South Colonial Avenue shared that she and her neighbors feels as though they cannot let their children play out in their front yard. She explained that she has seen cars come up Bennett, completely disregarding the stop sign. She shared that her pet is one of the reasons why she attended a Council meeting a few years ago. She shared that someone came around the corner of where here home is located and hit her pet. Due to this incident she worries about her children’s safety. Mr. Mayhew explained that there are large trucks that go through the street, which are very loud. The Mayor explained there are State regulations that are considered when roadway improvements are designed and implemented. Mr. Chiavacci asked Chief Spaulding what the process is to lower speed limits. Chief Spaulding explained that the Manual on Uniform Traffic Control Devices establishes guidelines for speed limits on residential streets. He noted that the required speed limit at this location is 25 mph. President Halstad suggested having a spokesperson for the neighborhood. He explained that any action to address this situation will need to come before the Council for consideration. ADJOURN: President Halstad adjourned the meeting at 9:00 PM. Respectfully Submitted, Shannon Visocsky