Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING FEBRUARY 11, 2013 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 February 11, 2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson, Chiavacci, and Wack; City Administrator and Acting City Clerk Wolf, Chief of Police Spaulding, Director of Community, Planning, and Development Horn, Director of Housing and Preservation Services Beyard and City Attorney Levan were present. City Treasurer Palmer, Councilman Frazier and Director of Public Works Glass were excused from attending the meeting. CALL TO ORDER: Mayor Utz conducted the public hearing on the requested rezoning of WMC Development properties. Mr. Horn informed the Mayor and Common Council that WMC Development Corporation, represented by Mr. Brooks Leahy, has requested that the zoning of 31 acres of property, generally described as those containing the College Square Shopping Center and the Best Western Hotel, be rezoned from ‘N-C’ Neighborhood Commercial to ‘B’ Business. The properties were originally zoned ‘B’ Business prior to the most recent comprehensive zoning action resulting from the adoption of the City Comprehensive Plan in 2009. Consequently, the requested change is to revert to the original zoning of the subject properties. Changes to the zoning of the subject properties created obstacles for leasing agreements and tenants seeking funding from lending institutions for planned improvements and expansions. The proposed Zoning Map Amendment would effectively remove the referenced obstacles and facilitate improvement plans for commercial buildings on the subject properties. Mr. Leahy shared that he represents College Square Station and that he submitted a detailed memo that was given to Council. President Halstad questioned why the current zoning was proven problematic. Mr. Leahy replied that the zoning changes resulted in unforeseen issues with lenders. He explained that Commercial loans are required to be refinanced every 5-7 years, and the next refinancing coming up in 2015 is a real problem because of the zoning change. He shared that multimillion dollar loans are required to have zoning approval letters. He explained that Ms. Wolf has written a letter before and that she would be asked again to write a letter saying that the shopping center contains a non-conforming use. Mr. Leahy added that the zoning is also causing a problem with the Best Western Hotel. He explained that the hotel wanted to expand, either on site or on the adjacent parcel, but with the current zoning they cannot do so. Dr. Wack commented that, after a review of the minutes from the original zoning decision, it is clear the Council questioned whether or not the change in zoning would present a problem for the owner. He also stated it is clear the Council did not want to create a problem for the owner with the zoning change. He noted that it is his opinion that the subsequent issues with leases and lenders constitute enough of a mistake to warrant consideration of reverting to the original zoning on the properties. Mayor Utz commented that the Mayor and Council do want to see the potential of these properties realized and that it is a prime location for development. With no additional comments or questions from the Common Council and the public, Mayor Utz closed the public hearing. Mayor Utz shared that the City received 93 resumes for the position of the Recreation and Parks Director; which was then narrowed down to seven candidates invited to interview. He explained that there were four final interviews with panel members unanimously agreeing that Ms. Abby Gruber should be offered the position of Director of Recreation and Parks. Mr. Chiavacci shared that he was a part of the final interviews and that he had worked with Ms. Gruber for approximately six to seven years on the County level due to his involvement with the Recreation Council. He commented that he feels the City is very fortunate and he feels very enthusiastic about the decision. Dr. Wack shared that he has worked with Ms. Gruber on some of the boards in the community and agrees that she is fantastic selection. Dr. Wack commented that he was impressed with the hiring process. President Halstad commented that he has not worked with Ms. Gruber before, but the consensus is that it was a real find for the City of Westminster. Upon motion of Mr. Chiavacci, seconded by Dr. Wack, the Council unanimously approved the Mayor’s appointment of Ms. Abby Gruber as Director of Recreation and Parks. MINUTES: Upon motion of Dr. Wack, seconded by Mr. Chiavacci and unanimously passed, the minutes of the Council meeting of January 28, 2013, were approved. REPORT FROM THE MAYOR: Mayor Utz reported that he and Mr. Whitson attended the Martin Luther King, Jr. Breakfast, hosted by NAAPC, on February 2. He commented that the Ravens won the Super Bowl on February 3 and that there will be Raven’s players visiting the City of Westminster on February 14. Mayor Utz also reported that he attended the Maryland Mayor’s Association conference in Annapolis February 7 and 8. He shared that he met with the legislators, Governor Martin O’Malley and others from Governor O’Malley’s office. Governor O’Malley expressed strong sentiment that HUR money, while not coming from the gas tax will hopefully stay in the budget in future years. REPORTS FROM STANDING COMMITTEES: Dr. Wack reported that the City is coming into the budget season with some reserves and no looming financial crises. He noted that the City is in the strongest shape that it has been in for 10 years. In his opinion the City needs to keep an eye on the money that the City will be receiving this year and to continue to spend wisely. Dr. Wack stated that the capital budget is defined as a onetime expense and is categorized in this way due to accounting rules. According to Government Accounting Standards, operating and capital expenses must be divided. The City does not have Capital expenses as a onetime expense. Dr. Wack used road paving as an example, explaining that each year the City needs to repave roads. He noted that in the past, when the City had a gap in the budget, the City would borrow from the capital side. Dr. Wack suggested recasting the capital expense budget as a long term budget. President Halstad stated that building a reserve fund is a luxury. Dr. Wack replied if the City does not budget for recurring capital expenses than yes, the reserve becomes a luxury used for projects that the City knows we are going to need anyway. Dr. Wack suggested not only setting aside reserves for the unanticipated larger items. He also supports budgeting revenues for recurring capital expenses that the City can safely anticipate. Dr. Wack urged the City to make an effort to not make the same mistakes as we did in the past. He suggests the City budget maintain appropriate reserves to see us through good years and bad years. Mr. Chiavacci commented that the City has a tool that helps with reserves because the City looks out on the capital projects four to five years into the future. Dr. Wack shared that the capital projects do have dollar amounts that cover the expenses, but the City does not have revenues against those expenses. Mr. Whitson questioned if there was a way to get a specific fund for each of those projects. Dr. Wack replied there is no reason why the City should do that. He added that when the City begins to build the reserve, then the City can create an account and set those funds aside. The only funds that are legally separate are the water fund, sewer fund, and general fund. He suggested having separate revenue streams. Mr. Chiavacci commented that the City cannot enact legislation that binds future Councils to spending money in specific ways. Dr. Wack explained that the City needs to make some assumptions about future revenues and future expenses. In his opinion, he foresees that the City’s tax base and assessments will remain fairly steady. He explained that while cost cutting measures helped reduce the operating budget, the City now has a little excess capacity that will generate the reserve needed to catch up on capital projects. He commented that he believes the City will never completely catch up on needed capital projects. Mr. Chiavacci noted that the City has reduced taxes in each of the last two years. Dr. Wack stated that with our assessable base and current tax rate, the City has sufficient revenue to operate, get priority capital projects completed and accumulate reasonable reserves. Mr. Chiavacci commented that he would like Council to do the best they can to consider additional decreases, even if relatively small as has been for the case for the past two years. Mr. Whitson reported that he wanted to make a statement. He shared that at the last meeting he stated his position on licensing legislation. Although he meant the things that he stated, he was quite late in stating these positions for different reasons. Mr. Whitson apologized to Council and to the public for being late in his response to oppose legislation. He added that in the future he will endeavor to more closely read over agenda items so that he is better prepared for discussion in a timelier manner. ORDINANCES &RESOLUTIONS: Mr. Horn shared that on January 28, the Mayor and Council conducted a public hearing on the proposed zoning text amendment designed to allow mixed use infill zone to function as a floating zone within the Business, Downtown Business, Central Business and Neighborhood Commercial zones. As proposed, any mixed use development would have to go through an administrative review, the Planning Commission and the Mayor and Council before a project could proceed. He added that also on January 28, Council introduced Ordinance No. 840; the staff requests a favorable consideration and approval on Ordinance No. 840. Dr. Wack thanked Mr. Horn for moving the Mixed Use Infill Zoning Text Amendment forward, noting that this is another tool for the City of Westminster to help spur more investment in downtown area. Dr. Wack motioned to approve Ordinance No. 840. Mr. Chiavacci seconded and the motion unanimously passed. UNFINSIHED BUSINESS: Mr. Horn shared that staff conducted a community meeting on January 31 at the First Presbyterian Church Social Hall located in the neighborhood of Colonial Avenue. Twenty residents attended the meeting and participated in the discussion. The consulting traffic engineer, and author of the traffic report, presented the findings and some possible solutions. The consulting engineer reported that a pass-thru traffic problem, including related traffic issues, existed in the neighborhood. Traffic counts by the County, and an origination/destination survey by City staff, were presented in confirmation of this finding. The traffic engineer suggested prohibitions on turns into the neighborhood as the most effective means of reducing pass-thru traffic. The neighbors present debated the merits of the prohibitions, and no consensus was reached amongst those present. One resident volunteered to organize another meeting of the community to further discuss their concerns and to consider additional alternatives. No date for the second community meeting has been set at this time. Dr. Wack questioned if there was a discussion of blocking all three roads, making them stubs. Mr. Horn replied there was only a discussion on closing the intersection on Main Street and South Colonial because of lane geometric issues. Dr. Wack questioned what the feedback was on that. Mr. Horn replied that there was some support from some people in the room, but as the discussion continued there was interest in making the roads one way out. Dr. Wack shared that Council received a letter from a resident, making the point that the resident feels that the needs or desires of City residents carry more weight than outside of the City. Dr. Wack feels that this is a valid point and needs some consideration. Mr. Horn explained that the traffic cutting through the neighborhood does so without regard for the municipal boundary. The engineer suggested strategies to reduce cut through traffic, thereby reducing the number of people running stop signs and speeding through the neighborhood. Mr. Horn shared that the meeting ended with questions as to what the neighborhood be willing to live with in exchange for decreased cut through traffic volumes. Mr. Whitson questioned if anyone suggested putting a weight limits on trucks coming through the neighborhood. Mr. Horn replied no because the classification counts did not indicate truck traffic was a significant issue. Rather, traffic volume was the main concern for residents. Mr. Horn added that County policy requires 80 percent sign off from a community before any kind of traffic calming is implemented. Mr. Chiavacci commented that the community came to the Council for a solution but achieving consensus on that solution will be difficult to achieve. Chief Spaulding agreed and noted that the Westminster Police Department has done a lot of enforcement on Colonial Avenue but the problems persist. NEW BUSINESS: Dr. Wack motioned, pursuant to Section 10-508(a)(7) and (a)(8) of the State Government Article of the Annotated Code of Maryland, to conduct an executive session at the conclusion of the current meeting. Mr. Whitson seconded, and the motion passed unanimously. DEPARTMENT REPORTS: President and C.E.O. of the Westminster Fire and Hose Company No. 1 Bob Cumberland thanked Mayor Utz and Major Stevens for attending the Fire Department Banquet. He shared that during the banquet he gave three citizens recognition of awards. First award went to Jack Tevis of Tevis Oil, for his support and guidance of the fire department. Second went to Firehouse Subs, sharing that every Thursday the Firehouse Subs gives contribution to the Westminster Fire Department for each sub sold. Third was the Green Turtle. He shared that the Green Turtle held a contest in support of all of the fire departments in the County. The contest was to see which fire department could raise the most money and Westminster Fire Department came in first place. Mr. Cumberland reported that for the month of January, the department responded to 137 fire calls; 68 in the City, 44 in the County, and 25 Mutual Aids. He shared there is an average of 11 responders per call. He stated for the 2013, the department has 137 calls compared to 2012, when they had 106. He also reported that EMS ran 489 calls, averaging 16 calls a day. The department’s total for 2013 is 489 compared to 2012 at 383. He pointed out that the department is up 106 calls from last year. He stated that 235 calls were in the City, 213 calls were in the first due area, and 8 were mutual aid calls. He shared the total fire loss for 2013 was $14,400.00. He explained EMS transported 368 patients to Carroll Hospital Center, 5 patients to University of Maryland Shock Trauma and patients refused transport 32 times. Mr. Beyard reported that the City received their first application payment on February 11. He hopes to have frequently asked questions for the Rental Licensing program on the City’s website on February 12. He explained that the staff is finalizing two separate handouts, one for tenants, one for landlords that present the program with a little bit different focus for both. He shared that there will be mass mailing to landlords who will be effected by the Ordinance. The City is organizing public sessions to provide information and answer questions regarding the program. The City will also be hiring a local vendor who will generate a web based application and licensing payment on the City’s website. Chief Spaulding reported that will the Police Department will be having the annual awards program where they will recognize police officer of the year award and volunteers who assist the police department on April 24 at the Carroll Arts Center. Ms. Wolf reported that Ms. Palmer will be returning on February 25 and Ms. Abby Gruber will be joining the City of Westminster on the same day. She reminded Mayor and Council that there will be a sexual harassment training prior to the Council meeting on February 25. Ms. Wolf reported that Mayor Utz met with Knorr Brake last week they will be having their grand opening on May 9. She shared that Mayor Utz signed off on a grant application for the Historic Trust for $25,000 to go towards replacing the seal on the Armory and the elevator lift will be delivered on February 15. Ms. Wolf reported that the active network Recreation and Parks software system will begin to provide 40 hours of training in May and by July 1, all the reservations for activities can be paid with a credit on the internet. In the week of February 11, there will be a bid opening for the painting of the Sawgrass water tank. CITIZEN COMMENTS: Amanda Easter of 124 Liberty Street expressed the concerns of the safety of her and her family living in Westminster. She explained that she has had experience with inappropriate behavior from homeless people and other citizens of Westminster. She questioned what the City is doing about the behavior and to improve the safety of the citizens. Mr. Chiavacci shared with Ms. Easter that Council is aware of the situation and that one of the problems is that Westminster is an inviting community for those who are homeless. He explained that the City of Westminster’s community has churches and groups that assists homeless people with meals and other resources. Mr. Chiavacci commented that it is a constant struggle, trying to figure out how to control the situation. He explained that law enforcement cannot just arrest someone and put them into jail because they are just hanging around, but by the same time there is a need to protect the citizens of Westminster. Mr. Chiavacci shared that the City has provided more walking patrols and police presence downtown. Dr. Wack disagreed with Mr Chiavacci sharing that homeless people have come to the community because it is the biggest City in the County, the only City that has restaurants and a variety of services. He noted that Westminster Police Department has made it safe in the City of Westminster. President Halstad commented that Ms. Easter’s reaction is a natural reaction; no one wants to live with that. He explained that citizens need to accept a degree of homeless population because we live in a community with 18,500 people and the services are here, but enough is enough at some point. He suggested separating the services between various parts of the County so that it is not all consolidated in the City. Dr. Wack encouraged Ms. Easter that if she feels the least bit threatened, she should call 911. Mayor Utz explained that not all offenses are arrestable offenses or criminal acts of some sort. Donna Shybunko of 334 East Green Street questioned what the City is doing to improve the safety of the citizens. She shared that she has lived in the City for six years and feels that she has only seen the City get worse rather than better. She also shared that she feels uncomfortable throughout the day, whether it would be mid-day or evening. Mr. Chiavacci explained that law enforcement is unable to do anything about loitering on the sidewalks and that the City has attempted to pass an Ordinance, but the ALCU says that people have the right in the United States to hang out. He explained that by the City making the front part of the library a park, law enforcement can patrol some loitering. Ms. Shybunko explained that it becomes a quality of life issue when you no longer feel comfortable taking a walk. Mayor Utz explained that he and the Council have heard many citizens concerns regarding the safety of the City. He shared that the City has worked with human services and has been involved with all the social networks about this problem. He noted that the City has made the same suggestions to this group that were shared during the meeting. Dr. Wack commented to keep in mind that in the economy is in the middle of a recession and that there is no community in the country that does not have the problem. President Halstad disagreed with Dr. Wack explaining that every other municipality within the County does have the same problem. Mr. Chiavacci added that he feels the City has a higher percentage because of the combination of services. President Halstad explained that the community has decided to be accommodating to this group of people and that it has its consequences. He suggested that the City could make the soup kitchens into a licensing scheme, making them pick one place, not allowing them to be located all over town. Ms. Easter commented that she does not feel that it is just a homeless problem, but also a drug problem. Mr. Whitson inquired if the City had modified the loitering legislation this past year. Chief Spaulding replied that was correct, the City took a look at the entire criminal aspect of the code and revised a number of those ordinances, eliminated some of those that felt were unconstitutional and out dated and fined tuned those that gave the police department ability to write criminal and civil citations depending on the nature of the violation. He explained that some of the things that were discussed are not criminal behavior or regulate illegal conduct. He explained that the City has examined every element that has been brought to the police department, trying to find a new and unique way to help resolve the problems. Chief Spaulding shared that he has meant with other Chief’s from other police departments and this is a problem in other communities. He urged Ms. Easter and Ms. Shybunko that if they ever feel uncomfortable or feel that someone is violating the law, to call the police department. ADJOURN: President Halstad adjourned the meeting at 8:18 PM. Respectfully Submitted, Shannon Visocsky