Mayor & Common Council Meetings
Regular MeetingWestminster, MD · February 25, 2013
Minutes
CITY OF WESTMINSTER, MARYLAND
MAYOR AND COMMON COUNCIL MEETING
FEBRUARY 25, 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 25,
2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson,
Chiavacci, Wack, and Frazier; City Administrator and Acting City Clerk Wolf, Major
Stevens, City Treasurer Palmer, Director of Recreation and Parks Gruber, Director of
Community Planning and Development Horn, Director of Housing and Preservation
Services Beyard, and City Attorney Levan were present. Chief of Police Spaulding, and
Director of Public Works Glass were excused from attending the meeting.
CALL TO ORDER:
Mayor Utz conducted the public hearing on Telecommunication Facility Text
Amendment. Mr. Horn informed the Mayor and Common Council that staff proposes an
amendment to the City’s Zoning Code which would allow telecommunications facilities
as a special exception on school sites meeting certain specific criteria. The proposed
amendment adds a definition of school site to the City’s Code, including a 30 acre
minimum parcel size. It also allows for the increase in the size of communications
panels from 6 ½ feet to 8 feet. The proposed amendment allows telecommunications
facilities as a special exception on school sites located within the residential zones,
thereby requiring a public hearing before the Board of Zoning Appeals prior to approval.
President Halstad inquired as to the reason for the proposed amendment. Mr. Horn
replied that the City was approached by McDaniel College about the proposed changes.
He stated that the Planning Commission was persuaded that a limited text amendment
of this fashion would allow for additional opportunities for telecommunications facilities.
He added that limitation of school site makes it specific to McDaniel College. Mayor Utz
questioned if this had anything to do with towers being full of antennas that could not
provide anything more. Mr. Horn replied that was correct. Ethan Seidel, Vice President
of Administration and Financing at McDaniel College, shared that McDaniel College has
had a cell tower on campus with several carriers but is missing one of the major carriers
that would improve coverage and service. With no additional comments or questions
from the Common Council and the public, Mayor Utz closed the public hearing.
MINUTES:
Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the
minutes of the Council meeting of February 11, 2013, were approved.
CONSENT CALENDAR:
Mr. Frazier moved to approve the Consent Calendar which consisted of January 2013
Departmental Operating Reports. Mr. Whitson seconded the motion and it passed
unanimously.
REPORT FROM THE MAYOR:
Mayor Utz welcomed Abby Gruber as the new Director of Recreation and Parks,
sharing that today was her first day at the City of Westminster. He thanked Ms. Gruber
for her willingness to serve the City and the citizens of Westminster.
REPORTS FROM STANDING COMMITTEES:
Mr. Whitson reported that the Peep Show is going to be coming soon to the Carroll Arts
Center. He encourages everyone to come by to see the creativity.
The Council welcomed back Ms. Palmer after her leave of absence and welcomed Ms.
Gruber to the Recreation and Parks Department.
BIDS:
Ms. Wolf shared that the painting and reconditioning of the Sawgrass Water Storage
tank in Wakefield Valley has been in the Capital Improvement Program for a couple of
years. Five bids were received with the low bidder being Central Painting and
Sandblasting Inc. in the amount of $395,813.50. Staff has reviewed the bids and found
that Central Painting and Sandblasting provides an exceptional history for quality work,
timely completion and is also highly recommended by Doug DeClerk, our coatings
consultant. Prior to the start of the reconditioning work, existing Cell carriers are
required to temporarily relocate their antennas to on-site monopoles for the duration of
the project which is expected to be in the 60 day range. Some relocation work has
begun in order to meet a potential March start date. Timing for the completion of the
reconditioning work is critical to ensure that the tank is returned to service to meet the
demands of the summer season.
Ms. Wolf recommends that the Mayor and Common Council accept the bid of Central
Painting and Sandblasting Inc. in the amount of $395,813.50 to complete the painting
and reconditioning of the Sawgrass Water Tank as described in the project
specifications.
Upon motion of Dr. Wack, seconded by Mr. Whitson, the Council unanimously approved
the bid of Central Painting and Sandblasting, Inc.
ORDINANCES &RESOLUTIONS:
Mr. Horn shared that WMC Development Corporation has requested that the zoning on
their properties, 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. The Mayor & Common Council conducted a
public hearing on the requested zoning change on February 11, 2013. Changes to the
zoning of the subject properties, resulting from the adoption of the City’s 2009
Comprehensive Plan, 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.
Horn recommends approval of the Ordinance enacting the zoning change.
Dr. Wack questioned Exhibits A and B referencing the specific parcels. Ms. Levan
replied that Exhibit A covers both parcels, including the Shopping Center and the Best
Western Hotel. Ethen Seidel of McDaniel College added that the site includes an
undeveloped parcel adjacent to the hotel site.
Mr. Frazier shared that he took at look at the City Code distinguishing between
Neighborhood Commercial and Business zoning. He expressed concerns about a
nightclub going in and being disruptive to nearby homes. He explained that once
rezoned to business, anything could go in this area. Mr. Horn replied that at this time
there have not been any plans or improvements that have been submitted to the City,
but agreed with Mr. Frazier that once the zoning has been changed back to business
every use is then available to the property owner. President Halstad inquired if future
development plans would need to go through the Planning and Zoning Commission and
then to the Council. Mr. Horn replied that the Planning and Zoning commission would
be reviewing and approving the plans. Mr. Chiavacci questioned if this was close to any
houses. Dr. Wack replied that there were not any homes nearby that would be affected.
Mr. Chiavacci agreed with Mr. Frazier regarding his concerns about changing the
zoning back to business.
Mr. Whitson motioned to introduce Ordinance No. 841. Dr. Wack seconded and the
motion unanimously passed.
President Halstad shared that Ordinance No. 842 ‘Telecommunications Facilities’ is to
be introduced following the public hearing. Ms. Levan shared that Ordinance No. 842
needed to be amended adding Section 164-30 in the title of the Ordinance.
Mr. Chiavacci motioned to introduce and amend Ordinance No. 842. Dr. Wack
seconded and the motion unanimously passed.
DEPARTMENT REPORTS:
Mr. Cumberland shared that Westminster Fire Department is there to serve the citizens.
He reported that the new ambulance will arrive in March replacing another ambulance.
Ms. Gruber thanked everyone for welcoming her and she expressed her enthusiasm
about working in the Parks and Recreation department.
Mr. Beyard reported that there is Rental Licensing information on the City’s website.
There is a question and answer page also provided that has been helpful in assisting
landlords with filling out their applications. He shared that there are four meetings
scheduled to assist landlords and tenants with the program. The meetings are
scheduled for March 12 at 7 p.m., March 14 at 9:30 am, March 18 at 7 p.m., and March
20 at 2 p.m. The meetings will be held at City Hall. Mr. Beyard also reported that by
the end of the week of February 25 the first mailing will be completed to the landlords.
He shared that the City has receive 212 applications as well as paid the rental licensing
fee.
Mr. Chiavacci questioned how the City was advertising the meetings and suggested
running an ad in the Carroll County Times to ensure everyone is notified of the
meetings. Mr. Beyard replied that there will be a section in the letter that is being sent
out to the landlords, Realtors Association and Landlords Association so they can notify
their members. Ms. Wolf thanked Mr. Beyard for an outstanding job on the Rental
Licensing Program. She shared that Mr. Beyard has been pulling the program together
and also working on the software that will be on the City’s web by July of 2014, allowing
landlords and home owners to apply for and renew their licenses online.
Ms. Palmer thanked everyone for their thoughts and prayers during her recent leave of
absence. She reported that she has been moving forward on the budget for FY2014
and has sent out spreadsheets to the Department Heads and Directors so they may
begin working on the budgets for their departments.
Major Stevens reported that the Westminster Police Department was asked by Senator
Getty’s office to have officers available on standby at the Town Hall meeting at the Best
Western regarding gun control legislation on February 26.
Ms. Wolf reported that she and Mayor Utz have begun the Main Street Roundtable
Meetings on February 22 and that it will continue through the month of March. She
feels that the first meeting was a successful session. She also shared that
Westminster’s Main Street is joining together with other Main Streets in Carroll County
to promote a joint marketing activity to be presented to County tourism for funding. Ms.
Wolf shared that there will be several Main Street activities and events coming up in the
spring.
CITIZEN COMMENTS:
Beth Myers of 95 Willis Street expressed her concerns regarding a turf field being
added to the Westminster City Park. She noted that her grandfather, Ed Myers, donated
property to the City which later became City Park. The City Council and Mayor George
Mathews opened City Park in 1935. Ms. Myers shared that the park means a lot to her,
and she would not want to see a turf field added to the park. She explained that the
park was made for the citizens of Westminster and that’s how it should remain. She
thanked the Mayor and Council for giving her an opportunity to speak.
James Lorditch of 700 Riley Court shared that either the Public Works or the Police
Department left notices on vehicles within his neighborhood advising that vehicles will
need to be parked with their passenger side tires against the curb or they will receive
citations. He explained that, due to the number of people who live on the cul-de-sac,
there is not enough room for everyone to park. He added that the problem becomes
worse during sporting events at the nearby park. Ms. Wolf shared with Mr. Lorditch that
she would research the question and provide an answer to him. Mr. Chiavacci
commented that he agrees with Mr. Lorditch; during sporting events there is not enough
room for parking.
ADJOURN:
President Halstad adjourned the meeting at 7:37 PM.
Respectfully Submitted,
Shannon Visocsky
Agenda
CITY OF WESTMINSTER, MARYLAND
MAYOR AND COMMON COUNCIL MEETING
FEBRUARY 25, 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 25,
2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson,
Chiavacci, Wack, and Frazier; City Administrator and Acting City Clerk Wolf, Major
Stevens, City Treasurer Palmer, Director of Recreation and Parks Gruber, Director of
Community Planning and Development Horn, Director of Housing and Preservation
Services Beyard, and City Attorney Levan were present. Chief of Police Spaulding, and
Director of Public Works Glass were excused from attending the meeting.
CALL TO ORDER:
Mayor Utz conducted the public hearing on Telecommunication Facility Text
Amendment. Mr. Horn informed the Mayor and Common Council that staff proposes an
amendment to the City’s Zoning Code which would allow telecommunications facilities
as a special exception on school sites meeting certain specific criteria. The proposed
amendment adds a definition of school site to the City’s Code, including a 30 acre
minimum parcel size. It also allows for the increase in the size of communications
panels from 6 ½ feet to 8 feet. The proposed amendment allows telecommunications
facilities as a special exception on school sites located within the residential zones,
thereby requiring a public hearing before the Board of Zoning Appeals prior to approval.
President Halstad inquired as to the reason for the proposed amendment. Mr. Horn
replied that the City was approached by McDaniel College about the proposed changes.
He stated that the Planning Commission was persuaded that a limited text amendment
of this fashion would allow for additional opportunities for telecommunications facilities.
He added that limitation of school site makes it specific to McDaniel College. Mayor Utz
questioned if this had anything to do with towers being full of antennas that could not
provide anything more. Mr. Horn replied that was correct. Ethan Seidel, Vice President
of Administration and Financing at McDaniel College, shared that McDaniel College has
had a cell tower on campus with several carriers but is missing one of the major carriers
that would improve coverage and service. With no additional comments or questions
from the Common Council and the public, Mayor Utz closed the public hearing.
MINUTES:
Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the
minutes of the Council meeting of February 11, 2013, were approved.
CONSENT CALENDAR:
Mr. Frazier moved to approve the Consent Calendar which consisted of January 2013
Departmental Operating Reports. Mr. Whitson seconded the motion and it passed
unanimously.
REPORT FROM THE MAYOR:
Mayor Utz welcomed Abby Gruber as the new Director of Recreation and Parks,
sharing that today was her first day at the City of Westminster. He thanked Ms. Gruber
for her willingness to serve the City and the citizens of Westminster.
REPORTS FROM STANDING COMMITTEES:
Mr. Whitson reported that the Peep Show is going to be coming soon to the Carroll Arts
Center. He encourages everyone to come by to see the creativity.
The Council welcomed back Ms. Palmer after her leave of absence and welcomed Ms.
Gruber to the Recreation and Parks Department.
BIDS:
Ms. Wolf shared that the painting and reconditioning of the Sawgrass Water Storage
tank in Wakefield Valley has been in the Capital Improvement Program for a couple of
years. Five bids were received with the low bidder being Central Painting and
Sandblasting Inc. in the amount of $395,813.50. Staff has reviewed the bids and found
that Central Painting and Sandblasting provides an exceptional history for quality work,
timely completion and is also highly recommended by Doug DeClerk, our coatings
consultant. Prior to the start of the reconditioning work, existing Cell carriers are
required to temporarily relocate their antennas to on-site monopoles for the duration of
the project which is expected to be in the 60 day range. Some relocation work has
begun in order to meet a potential March start date. Timing for the completion of the
reconditioning work is critical to ensure that the tank is returned to service to meet the
demands of the summer season.
Ms. Wolf recommends that the Mayor and Common Council accept the bid of Central
Painting and Sandblasting Inc. in the amount of $395,813.50 to complete the painting
and reconditioning of the Sawgrass Water Tank as described in the project
specifications.
Upon motion of Dr. Wack, seconded by Mr. Whitson, the Council unanimously approved
the bid of Central Painting and Sandblasting, Inc.
ORDINANCES &RESOLUTIONS:
Mr. Horn shared that WMC Development Corporation has requested that the zoning on
their properties, 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. The Mayor & Common Council conducted a
public hearing on the requested zoning change on February 11, 2013. Changes to the
zoning of the subject properties, resulting from the adoption of the City’s 2009
Comprehensive Plan, 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.
Horn recommends approval of the Ordinance enacting the zoning change.
Dr. Wack questioned Exhibits A and B referencing the specific parcels. Ms. Levan
replied that Exhibit A covers both parcels, including the Shopping Center and the Best
Western Hotel. Ethen Seidel of McDaniel College added that the site includes an
undeveloped parcel adjacent to the hotel site.
Mr. Frazier shared that he took at look at the City Code distinguishing between
Neighborhood Commercial and Business zoning. He expressed concerns about a
nightclub going in and being disruptive to nearby homes. He explained that once
rezoned to business, anything could go in this area. Mr. Horn replied that at this time
there have not been any plans or improvements that have been submitted to the City,
but agreed with Mr. Frazier that once the zoning has been changed back to business
every use is then available to the property owner. President Halstad inquired if future
development plans would need to go through the Planning and Zoning Commission and
then to the Council. Mr. Horn replied that the Planning and Zoning commission would
be reviewing and approving the plans. Mr. Chiavacci questioned if this was close to any
houses. Dr. Wack replied that there were not any homes nearby that would be affected.
Mr. Chiavacci agreed with Mr. Frazier regarding his concerns about changing the
zoning back to business.
Mr. Whitson motioned to introduce Ordinance No. 841. Dr. Wack seconded and the
motion unanimously passed.
President Halstad shared that Ordinance No. 842 ‘Telecommunications Facilities’ is to
be introduced following the public hearing. Ms. Levan shared that Ordinance No. 842
needed to be amended adding Section 164-30 in the title of the Ordinance.
Mr. Chiavacci motioned to introduce and amend Ordinance No. 842. Dr. Wack
seconded and the motion unanimously passed.
DEPARTMENT REPORTS:
Mr. Cumberland shared that Westminster Fire Department is there to serve the citizens.
He reported that the new ambulance will arrive in March replacing another ambulance.
Ms. Gruber thanked everyone for welcoming her and she expressed her enthusiasm
about working in the Parks and Recreation department.
Mr. Beyard reported that there is Rental Licensing information on the City’s website.
There is a question and answer page also provided that has been helpful in assisting
landlords with filling out their applications. He shared that there are four meetings
scheduled to assist landlords and tenants with the program. The meetings are
scheduled for March 12 at 7 p.m., March 14 at 9:30 am, March 18 at 7 p.m., and March
20 at 2 p.m. The meetings will be held at City Hall. Mr. Beyard also reported that by
the end of the week of February 25 the first mailing will be completed to the landlords.
He shared that the City has receive 212 applications as well as paid the rental licensing
fee.
Mr. Chiavacci questioned how the City was advertising the meetings and suggested
running an ad in the Carroll County Times to ensure everyone is notified of the
meetings. Mr. Beyard replied that there will be a section in the letter that is being sent
out to the landlords, Realtors Association and Landlords Association so they can notify
their members. Ms. Wolf thanked Mr. Beyard for an outstanding job on the Rental
Licensing Program. She shared that Mr. Beyard has been pulling the program together
and also working on the software that will be on the City’s web by July of 2014, allowing
landlords and home owners to apply for and renew their licenses online.
Ms. Palmer thanked everyone for their thoughts and prayers during her recent leave of
absence. She reported that she has been moving forward on the budget for FY2014
and has sent out spreadsheets to the Department Heads and Directors so they may
begin working on the budgets for their departments.
Major Stevens reported that the Westminster Police Department was asked by Senator
Getty’s office to have officers available on standby at the Town Hall meeting at the Best
Western regarding gun control legislation on February 26.
Ms. Wolf reported that she and Mayor Utz have begun the Main Street Roundtable
Meetings on February 22 and that it will continue through the month of March. She
feels that the first meeting was a successful session. She also shared that
Westminster’s Main Street is joining together with other Main Streets in Carroll County
to promote a joint marketing activity to be presented to County tourism for funding. Ms.
Wolf shared that there will be several Main Street activities and events coming up in the
spring.
CITIZEN COMMENTS:
Beth Myers of 95 Willis Street expressed her concerns regarding a turf field being
added to the Westminster City Park. She noted that her grandfather, Ed Myers, donated
property to the City which later became City Park. The City Council and Mayor George
Mathews opened City Park in 1935. Ms. Myers shared that the park means a lot to her,
and she would not want to see a turf field added to the park. She explained that the
park was made for the citizens of Westminster and that’s how it should remain. She
thanked the Mayor and Council for giving her an opportunity to speak.
James Lorditch of 700 Riley Court shared that either the Public Works or the Police
Department left notices on vehicles within his neighborhood advising that vehicles will
need to be parked with their passenger side tires against the curb or they will receive
citations. He explained that, due to the number of people who live on the cul-de-sac,
there is not enough room for everyone to park. He added that the problem becomes
worse during sporting events at the nearby park. Ms. Wolf shared with Mr. Lorditch that
she would research the question and provide an answer to him. Mr. Chiavacci
commented that he agrees with Mr. Lorditch; during sporting events there is not enough
room for parking.
ADJOURN:
President Halstad adjourned the meeting at 7:37 PM.
Respectfully Submitted,
Shannon Visocsky
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