Mayor & Common Council Meetings
Regular MeetingWestminster, MD · September 10, 2012
Minutes
CITY OF WESTMINSTER, MARYLAND
MAYOR AND COMMON COUNCIL MEETING
SEPTEMBER 10, 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 September 10,
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, Police
Captain Yeager, and Interim Director of Planning, Zoning, and Development Horn, and
City Attorney Levan were present. Chief of Police Spaulding, Director of Recreation and
Parks Schroers, and Director of Public Works Glass were excused from attending.
MINUTES:
Upon motion of Mr. Whitson, seconded by Mr. Chiavacci and unanimously passed, the
minutes of the Council meeting of August 27, 2012 were approved.
REPORT FROM THE MAYOR:
Mayor Utz thanked Dr. Wack for standing in for him at the Rosser’s Raid marker
unveiling.
REPORTS FROM STANDING COMMITTEES:
Dr. Wack reported that Mr. Ehlers shared with the Finance Committee a checklist of
practices that municipalities can perform in terms of managing their finances. Dr. Wack
suggested that he begin putting together a score card to circulate among the Mayor and
Common Council, the Finance department, and Ms. Wolf. He further explained that he
will disseminate it to show where the City was on the list, where the it is today and
where it would like to be in the future. Dr. Wack would like to do this because he feels
the City is doing really well and looking back at the list the City had improved from one
half to 2/3 of the items on the list.
Dr. Wack thanked Lyndi McNulty for her donations of planting on the Hill at McDaniel
College. He commented that this is a reminder of how much she does for McDaniel
College and for the City of Westminster. He remarked on how nice the Rose Garden
event was.
President Halstad reported that the City held a nice retirement party at Bullocks Family
Restaurant on September 5th in celebration of Thomas P. Owens 36 years with the City
of Westminster.
UNFINISHED BUSINESS:
Ms. Wolf informed the Council that the CDA Bond will not go out for bid until December
rather than in October. She explained that when the calculations were done for the
amount that would need to be borrowed, which included $1.5 million of the refinancing
and $2,000,000 of additional borrowing. Ms. Wolf added that several different projects
were included because the timing was appropriate for borrowing the money in order to
get a project finished in line with other projects that needed to be completed. She
explained that because the Council has additional time until a final decision is made
regarding the bond, Ms. Wolf and staff will discuss the projects over the next several
Council meetings.
Ms. Wolf explained that the first project that has a time frame in which it needs to be
completed is the Carroll Arts Center. The goal is to have the project complete during its
10-year anniversary. She added that the Arts Council had appropriated $50,000 to
make additional improvements. Ms. Wolf explained that the building is City owned
therefore some improvements are the City’s responsibility. She asked Mr. Larry Bloom
to explain what is needed for this project.
Mr. Bloom explained that the bulk of the project is the solar panels which have a
budgeted amount, and will go out for a bid proposal. He shared that the solar panels
will have a seven year rate of return on investment. Mr. Bloom added that the front
façade will need to be replaced because the front connectors holding it to the building
are beginning to fail and will begin to fall off, causing problems. Mr. Bloom also shared
that due to water intrusion, some of the plaster has fallen in the interior of the building.
He explained that the repairs have been put off until they are sure the water intrusion
has stopped. He shared that some of the water has gone into the basement, which can
be repaired in a few different ways. First, which Mr. Bloom explained would be less
intrusive, is drilling a hole down to put what is called a curtain with a chemical to keep
more water from coming down into the basement. Another option would be digging up
the basement and then putting tar down.
Mr. Frazier questioned the cost of the solar panels. Mr. Bloom replied that the
estimated cost is $206,000. Mr. Frazier questioned if it would be more cost effective to
lease rather than purchase the solar panels. He explained that the way solar
technology is improving every couple of years, if leasing them, and then in 5-10 years
when solar technology is much more efficient, the City can purchase the solar panels.
Mr. Bloom explained that in prior experience, the issue with leasing is the return on
investment takes much longer. Mr. Frazier shared that he would like to see the prices in
comparison to purchasing. Mr. Bloom stated that he will look into the cost of leasing the
solar panels versus purchasing them.
Dr. Wack inquired about the time value to money for not just the solar panel project, but
for all of the projects. He added that the reasoning for financing the projects is to
stretch the cost over a period of time. Dr. Wack inquired if it is more physically prudent
to put cash out today or to put small amounts out over a number of years. Mr. Frazier
questioned what the payback period would be for the solar panels. Mr. Bloom replied
that it is anticipated to be seven years. Mr. Chiavacci commented that it would be
$30,000. Mr. Frazier explained that if it can be paid back in seven years and the City
be getting that money back after the seven years, why not bond it for seven years,
instead of 20 years. Mr. Chiavacci questioned the amount of the electric bill. Ms. Wolf
replied that the electric bill for the Carroll Arts Center is approximately $20,000 per year.
Mr. Chiavacci explained that it would have to be $31,000 per year and that is assuming
that can generate enough electricity every day to eliminate $31,000 of electricity per
year. Dr. Wack explained we have to factor in the days that produce more than they
need and they sell back to the utility.
President Halstad questioned if there is a seven year bond time. Dr. Wack explained
that 5 years is the shortest and 30 years is the longest. He added that the City is
looking for a long steady rate of return and the rate is better long term. Mr. Frazier
explained that the expense ratio would be worse for a shorter term. Ms. Wolf
commented that we can look at different time frames. President Halstad explained that
each project will have its own desirable time frame. Mr. Frazier commented that it
would be better to have 1.5 million refinancing bond in a 20 year time frame and look at
shorter terms for the other projects, such as seven years for the solar panels.
Mr. Whitson questioned the cost of doing the façade project on the front of the Carroll
Arts Center. Mr. Bloom answered that the remaining money for the façade and the
water damage is approximately $25,000 to $30,000. Ms. Wolf explained that for the
façade project of the Carroll Arts Center, the City will be using the façade improvement
program. She shared that the grant money will pay for half of façade project and the
Carroll Arts Center would pay for the other half, allowing them to leverage their money.
President Halstad question Ms. Wolf about plans to present other projects at the next
meeting. Ms. Wolf explained that plan is to take ideas discussed at this meeting and
apply those ideas to the other projects before presenting them to Council.
Mr. Frazier questioned the replacement of the Armory Seal. He inquired if we could
take the seal off of the Armory and transport it to the Carroll Arts Center to have
someone repair it there. The City would just pay for the cost of the materials. Ms. Wolf
explained that when the City purchased the Armory from the State, the City agreed that
this national historical register building, would abide by the Secretary of Interior
standards. Ms. Wolf explained that by abiding the standards this means that the
outside of the Armory needs to remain as it is. She added that the seal is one of the
key things that makes the building a historical building.
Mr. Bloom explained that the Seal crumbled and pieces fell down and the Street
Department had to remove it from the building. Mr. Bloom explained that it has to be
passed by the Historical trust, but suggested having it made out of wood. Mr. Chiavacci
questioned if the seal was a Maryland Seal. Mr. Bloom replied that it is a Maryland
Seal, Code of Arms. Ms. Wolf explained that the other four Armories in the state just
like the City’s have this Seal.
President Halstad commented that receiving the bond will insure this project is
completed; this is something for the Council to think about. Mr. Whitson questioned
President Halstad to speak to Sandy Oxx about the Seal Improvement project to see if
she knows an artist that may be able to help the City in that matter. Mayor Utz
commented that need to find out what the Historical Trust’s guidelines are as well.
Mr. Chiavacci inquired about all the projects that had been in capital improvement plan
which was due to the tax increase. Ms. Wolf explained that some of the solar projects
were added later. Funds were in the CIP for the Art’s Center improvements, but in a
later year. The Armory improvements were budgeted from 2013 to 2018. Mr. Chiavacci
questioned the street building. Dr. Wack replied has been in there for a while. Ms. Wolf
explained that the Solar panels were discussed, but staff was not sure how much they
would cost and what buildings would be viable for installation of the panels.
President Halstad recommended resuming the discussion at the September 24th
meeting.
NEW BUSINESS:
Mr. Horn reported that the Road Deed for Jacob Creek is to widen Meadow Creek
Road. He explained that this will be a little over a tenth of an acre in total. He added
that the Deed was put together with C.J. Miller who is the developer for the subdivision.
Upon motion of Mr. Chiavacci, seconded by Dr. Wack, the Council unanimously
approved the Road Deed for Jacob Creek.
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 reminded Council, staff and citizens that Maryland has a move over
law, which means when there is a emergency vehicle drivers should move over. He
explained there was a State Trooper in North Carolina who was killed after being struck
by a car and two fire trucks were struck over the weekend on Washington Beltway while
on the scene of an accident. Mr. Cumberland shared that the Fire Department is
working with the Police Department here in City of Westminster to improve the safety of
the emergency crews.
Captain Yeager reported that the Pennsylvania Avenue Block Party will be held on
September 16th from noon until 7p.m. at Dutterer Park. She added that Pennsylvania
Avenue is not closing down for this event, as have done in previous years. She
explained that the Police Department is staffing for the Fallfest parade. She also
reported that there is a promotional process requiring a written test to be taken in
September followed by an assessment in October for the rank of Lieutenant. She
explained that this will fill Lt. Ilyes’ retirement vacancy. She also reported that the
department is continuing to work on South Colonial Avenue for speed and stop sign
enforcement. She reported that the department has four people in the hiring process.
Captain Yeager added that a contractual Background Investigator will be starting on
Tuesday, September 11th and currently the Police Department has one dispatcher
position open.
Mr. Horn reported that the Board of Zoning Appeals met on August 30th and approved
the relocation of Tri-Star Martial Arts from 73 John Street to the old Bullocks restaurant
near Business Park. Mayor Utz commented that this will be taken out of the County into
the City. Mr. Horn added that it addresses a substantial traffic issue on John Street.
Mr. Horn reported that he has spoken to Chief Spaulding about all the efforts he has
been putting toward Colonial Avenue and that he shared the data that he has received
with Mr. Horn. Mr. Horn explained that Chief Spaulding suggested he contact the
County engineer, Mr. Chris Letnaunchyn, about what else he can do on Colonial
Avenue. Mr. Letnaunchyn shared that the County has three open ended contracts with
traffic engineers. Mr. Letnaunchyn thought it would okay for the City to enter into one of
those contracts with one of the engineers to conduct a traffic study. Mr. Horn explained
that he would like to define the scope of this study to determine where the problem
locations are and what some of the contributor factors are to the problems that are
experienced. He explained that he would like to coordinate with the County, which
would reduce the cost for the study. He added to work as a community to find the
scope of the problem and try to put together something that is usable. Mayor Utz
questioned if this is something the Council would need to vote on. Mr. Horn replied that
the way the agreements are written for the County, the City can participate in this
agreement, but if that is not the case then Mr. Horn will present it to the Council
Ms. Wolf reported that Lyndi McNulty deserves a round of applause for her gardening
work. She spent many hours preparing Harry’s garden for the marker unveiling. She
also reported that the Grand Opening for the Library’s Sunday hours is on October 21st.
She added that the Library will be unveiling a digital library of the Carroll County Times
at that event.
CITIZEN’S COMMENTS:
Ms. Lori Graham of 118 Pennsylvania Avenue reminded Council of the Bon Appétit with
Westminster Fallfest that is being held on Tuesday, September 11th O’Lordan’s and that
there are still a few tickets available. She added that this is a good opportunity to get to
know the charities and the sponsors for Fallfest. She also reminded Mayor and
Common Council that the Fallfest parade is on September 27th and that the Fallfest is
September 27th through September 30th. She shared that the Fallfest will be posted on
Facebook and encourages everyone to please share with their friends. Ms. Graham
reported that on October 4th the band, Three Sheets and the Wind will be playing for
first Thursday. Ms. Graham reminded Council of the Holiday Parade on November 24th.
She commented that after sending out a reminder about a week ago, she has received
eight applications to participate in the parade.
Glen Spiker property owner of 3787 Sells Mill Road reported that the Landlord’s
Association is having a meeting on October 4th at Winters Mill High School. He asked
that the Mayor and Common Council please come to the meeting to hear the pros and
cons of the Rental Licensing. Mr. Chiavacci questioned if there will be someone from
the association who will be attending the Public hearing. Mayor Utz explained that by
October 4th the Council may not have a full understanding of what the rental licensing is
going to be. Mr. Spiker explained that during the meeting they will try to cover the pros
and cons and some of the issues surrounding the rental licensing. Ms. Wolf noted that
on November 1st the Board of Realtors and the Landlord Association were having a
meeting together. Mr. Spiker was concerned that there was not enough time before the
public hearing for the Association to gather their concerns. Mr. Chiavacci agreed,
inquiring about moving the public hearing back a month so that the Board of Realtors
and Landlord Association would have time to meet at the same time to discuss the
piece of the Legislation that is needed to be discussed. He feels that everyone should
be involved, including the landlords to receive as much feed back as possible about the
Rental Licensing Program. President Halstad explained that a lot of information has
been shared during the meeting. Mayor Utz added that all the information shared
during the meetings is shared with the associations. Dr. Wack questioned Ms. Wolf if
there was a time limit to when this needed to be completed. Ms. Wolf replied that the
City would like to have the program started by January 1st. Dr. Wack suggested having
the Public Hearing on November 5th at the fire hall and then vote on the Rental
licensing on November 12th.
Mr. Sean Lawaer of 68 South Colonial Avenue and Ron Herion of 75 South Colonial
thanked the Mayor and Common Council and City staff for their efforts on South
Colonial.
ADJOURN:
President Halstad adjourned the meeting at 6:24 PM.
Respectfully Submitted,
Shannon Visocsky
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