Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING APRIL 22, 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 April 22, 2013, 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 Palmer; Chief of Police Spaulding, Director of Public Works Glass, 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. Mayor Utz opened the public hearing on the FY2014 Budget. Ms. Palmer reviewed the FY14 Budget Workshop Presentation with the Mayor and Common Council, which can be found on the City’s website. She highlighted that the upcoming budget does include a one cent reduction in the real estate tax rate and a 3% cost of living increase for all full-time employees. Ms. Palmer stated that there are two new critical capital improvement projects added: furnaces for the Police Department and replacement skateboard equipment for the City Park. She also added that there were no changes in the water or sewer rates. Dr. Wack thanked Ms. Palmer, Ms. Wolf, and the department heads for their work putting the budget together. He stated that he is happy to see that all the cost-cutting measures over the years are paying off and that the City has still been able to maintain services to residents. Mayor Utz clarified that the original increase in the real estate tax was due to the State of Maryland decreasing the highway user revenue and police aid funds. He also stated that the Mayor and Common Council agreed, at the time, that once the City got caught up that there would be a reduction in the tax rate. Jim Reter of 315 Kingsbury Way questioned the fairness of the employees’ 3% cost of living increase and the cut in the taxpayer’s property tax. He then recommended that the Mayor and Common Council make some adjustments in the budget to include those who live in the Parr’s Ridge community, adding that they pay the same taxes as other property owners in the City, but are required to pay for their own services such as snow and waste removal and street light maintenance. Mr. Chiavacci clarified for Mr. Reter that the property tax cut would be $0.01, not 1%, which is almost a 2% reduction. He added that last year, the City reduced it by 3.9%. Mr. Chiavacci also pointed out that the City employees have not received an increase in pay in five years. With no other comments or questions from the public, Mayor Utz closed the FY2014 Budget public hearing at 7:17 pm. Mayor Utz read a proclamation declaring April 25, 2013 as Arbor Day in the City of Westminster. Dr. Wack recognized Mr. Beyard for the preliminary tree initiative along Main Street. Mr. Halstead also recognized Rebecca Orenstein for her contribution to the initiative. MINUTES: Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the minutes of the Council meeting of April 8, 2013 were approved. CONSENT CALENDAR: Mr. Frazier moved to approve the Consent Calendar, which consisted of the March 2013 Departmental Operating Reports. Dr. Wack seconded the motion and it passed unanimously. REPORT FROM THE MAYOR: Mayor Utz reported that he started the MS Walk on Saturday, April 20 th with a proclamation commemorating the event. REPORTS FROM STANDING COMMITTEES: Dr. Wack commended Ms. Palmer for her periodic inclusion of financial data, such as tax collection status, into the operating report. He would like it to evolve into a biweekly financial “snapshot.” Dr. Wack then reported that he and Technology Services Manager, Bob Miller, received the first draft of the broadband study. He is hoping to brief the Mayor and Common Council on its findings at the next meeting. He was able to say that the consultant put out a request for information from potential service providers and partners in the construction and operation of a broadband network and they have received four or five responses from interested parties and are expecting several more. Mr. Chiavacci reported that the public is becoming more aware of what is going on when it comes to fiber technology, especially for industries such as his printing business. He stated that he has had numerous individuals comment to him about how critical it is to the businesses to get fiber into the downtown area. He feels that it will attract more businesses downtown, in the types of industries that will fit well. Finally, Mr. Chiavacci publically thanked Ms. Palmer for her quick turn-around with the financial information he requested from her. Mr. Whitson reported that the Art’s Council had their 10th anniversary party recently and celebrated a great year, especially with the turnout of the annual Peep Show that drew so many people and national attention downtown. He added that the Council is very thankful for the City’s continued support. BIDS: Mr. Glass reminded the Mayor and Common Council that in the current year’s Sewer Fund budget, there are funds set aside for the replacement of the City’s first and only tank truck, which is currently used at the Wastewater Treatment Plant for the transporting and disposal of biosolids. He explained that this project will ultimately replace the City's 1982 tank truck, but will involve repurposing an existing dump truck to be utilized as the tank truck and the existing dump truck to be replaced by the 10 wheel truck listed above. He added that there is also a bid for the transfer of existing truck bodies to accommodate the repurposing effort. Mr. Glass stated that the apparent low bid for the truck purchase came from Bare Truck Center in the amount of $119,140.70 and $10,850 from Race Motor Sales (RMS) for transferring the body from the existing repurposed truck to the new one. He informed the Mayor and Common Council that the City has been quite satisfied with prior experiences with both vendors. Mr. Glass recommended that Mayor and Common Council approve the bids received from Bare Truck Center for the purchase of the truck and RMS for the truck bed removal and replacement. Upon motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed the bids of $119,140.70 from Bare Truck Center and $10,850 from RMS were accepted. Ms. Gruber requested approval from the Mayor and Common Council for the purchase of a new waterslide at the Westminster Municipal Pool. She explained that the original slide was removed at the end of last year’s pool season due to maintenance concerns. She stated that the bid received from Patriot Pool Services in the amount of $19,200 ($10,400 for the slide and $8,800 for the installation) was the only one received. Dr. Wack questioned a possible reason for only receiving the one bid, which Ms. Gruber explained that this is a specialized project and requires an in depth amount of State knowledge in regards to getting the permits processes and approved by not only the Department of Health and Mental Hygiene, but the Department of Labor, License, and Regulation. She also stated that most pool companies are not looking for work this time of year, since they are fairly busy with the openings of pools for Memorial Day. She then clarified for Mr. Chiavacci that the waterslide will be a direct replacement in comparison to what was originally at the pool. Mr. Frazier asked whether something different was considered instead of the waterslide, such as a diving board, since there is already a diving well there. Ms. Gruber explained that the specifications for the length of a diving well have changed since the pool was built and there is no longer enough space to land a safe dive anymore. She went on to say that, currently, the easiest solution is to replace the slide with an exact replica of the original, but added that, in the future, they would look in to adding some other water features to the pool. Upon motion of Dr. Wack, seconded by Mr. Frazier and unanimously passed, the bid from Patriot Pool Service in the amount of $19,200 was accepted. ORDINANCES AND RESOLUTIONS: President Halstad requested a motion to introduce Ordinance No. 843 – FY2014 Budget. Dr. Wack motioned to introduce the ordinance and Mr. Frazier seconded. Mr. Whitson voiced his concerns of giving the employees a permanent 3% cost of living increase especially with the upcoming unknown costs associated with the Affordable Care Act. First, he proposed the possibility of taking the budgeted increase amount, dividing it by the number of employees, and then dividing that amount into thirds. He suggested giving the employees a bonus in that amount in July, then two additional bonuses throughout the year, if funding permits. Mr. Whitson’s offered a second option to divide staff into three salary tiers, then giving the lower tier a 3% increase, middle tier a 2%, and the top tier a 1% increase. He added that this option would also allow for the two additional bonuses throughout the year, as long as funding is available. He stated that while he appreciated the efforts that the staff has done to reduce costs, he feels the Mayor and Common Council should be prudent in giving a permanent raise. Mr. Frazier recounted an article that he saw recently in the Carroll County Times which stated that the Carroll County Commissioners are looking to give $55,000 to the Eldersburg branch of Carroll County Public Library to fund Sunday hours. He questioned whether the City of Westminster should still be reserving $20,000 in the budget for the Westminster branch for their Sunday hours. Mr. Frazier, along with other members of the Common Council agreed that the County should step in and give funding to the Westminster branch as well. Mr. Chiavacci stated that the Sunday hours has had positive ramifications, from a business perspective, in bringing people all over the County into downtown, but he fears the competition will pull substantially from Westminster. While he does not agree with what the County is looking to do, he recognized that they did realize the potential consequences to the City. He suggested that Ms. Wolf reach out to Steve Powell from the County to discuss the possibility of having them fund the Westminster branch as well. President Halstad questioned where the Carroll County Public Library gets its overall funding. Ms. Wolf stated that they do get some funding from the County, but they get a great deal from the State of Maryland. Mr. Chiavacci suggested that the City leave the $20,000 in budget for FY2014. Ms. Wolf reminded the Mayor and Common Council that the County has not yet approved their budget, so the $55,000 may not end up in their final budget. She recommended that it be left in the budget. Mr. Frazier then questioned the need for a new full time GIS employee. He feels that once the system was completed entirely, a part time person could continue the maintenance, but also added that he would like to get the opinions of people in that industry. Dr. Wack explained that the GIS software system is a large database made up of “layers” that represents a different type of data, such as sewer pipes, street lights, rental properties, police calls, etc. Each one of those pieces of data is tied to a specific location within the City of Westminster. He went on to say that someone needs to go around the City mapping those items with a GPS, getting specific locations which then need to be precisely loaded into the GIS database, which is very labor intensive. He stated that there was previously an intern in this position who was able to get some of the data loaded. Dr. Wack explained, like all databases, it needs constant tending and maintenance and that with most organizations, it is a full time job. The GIS person is in charge of maintaining the database and also training the end-users. He stated that everyone in the City can use this system and, in addition, it can also be made so that it is available to the citizens on a limited basis with proper security. Mr. Chiavacci agreed that there is absolute value in this full time position, but suggested the possibility of having it as a contractual position. He added that the Federal and State governments utilize contractors frequently. Dr. Wack explained that a contractor would be more expensive on a per annual basis. He then added that this is a position that will not dissipate and asked that the position stay in the FY2014 budget, while researching the functions in other jurisdictions and organizations. Mr. Halstad questioned whether budgeting for a full time GIS person would eliminate the part time position. Ms. Wolf stated that the budget includes both positions, adding that the part time person is the one who is currently creating all the maps along with providing other IT support. President Halstad suggested moving on to Councilman Whitson’s proposals on dealing with the cost of living increase. Dr. Wack thanked Councilman Whitson for putting forth the effort in making his proposal, adding that it is a lot to think about and raises some interesting points. He requested clarification on whether these were raises or bonuses, since they have two different impacts. Mr. Whitson explained that the first proposal was for bonuses three times a year as long as the City had the money at the time and the second proposal was a raise and bonus program where an initial 3%, 2%, and 1% increase in July and using the leftover for bonuses later in the year. Dr. Wack stated that the health care increases are still going to hit even taking away the Affordable Care Act. He added that there is some logic to the bonuses instead of the raise, but on the other hand, employees have not had a raise in five years. He feels that the cost of living increase is acceptable compared to what the rest of the economy is doing. He reminded Mr. Whitson that the City has given bonuses for the past two years and while the employees appreciate it, it is not the same thing as a raise. He stated that an element of maintaining morale in the City’s workforce is making sure that the leaders of the City are communicating to the employees that they are valued and respected. Mr. Chiavacci added that employees need to be able to make financial decisions that go far beyond a year of bonuses, such as buying a new car or home. He stated that a raise is the Mayor and Common Council saying that they are committed to it. Mr. Frazier sided with Councilman Wack and Chiavacci in that he feels that giving a raise instead of a bonus is the right thing to do. He added that you cannot plan for anything with a bonus unless you can pay for it completely. Mayor Utz added that the staff has done an outstanding job. He explained that there are currently less people working in the City of Westminster than there was four years ago, adding that positions were not filled or cut. He stated that the employees have sacrificed a lot and it is time to reward them for their efforts. President Halstad stated that a raise is not only the right thing to do, but the smart thing since keeping quality employees is an important part of the City. With a motion and a second, Ordinance No. 843 – FY2014 Budget was introduced by a four to one vote with Mr. Whitson opposed. NEW BUSINESS: Mr. Glass reminded the Mayor and Common Council that the City was awarded a Community Development Block Grant in the amount of $318,875. This was a result of a survey that was conducted and found that the City had curb ramps that were somewhat substandard in comparison to current ADA standards. He added that the survey actually showed that more than the grant is needed, but the City is grateful for what was awarded. Mr. Glass went on to explain that the actual agreement for the work to be done will be between the City and a sole- source contractor, Romano Concrete Construction, Inc., which is a stipulation in the grant itself. He added that the City will also be working with the Maryland Department of Corrections since the contractor uses labor in the form of prerelease inmates. He stated that the agreement is standard and the work will progress until the $318,875 is reached. He added that there are certain stipulations that the City has to follow as well as the contractor. Mr. Glass then went on to explain that the Memorandum of Understanding is between the City of Westminster and the Maryland Department of Corrections, adding that the document is fairly standard and has been vetted by the City Attorney. Mr. Glass then explained that the Standard Operating Procedure, through the Department of Corrections, stipulates what they expect in terms of the training that takes place and the inmates will perform throughout the day, such as eight-hour work days and daily reports. Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the contract for the ADA Ramp Project was approved. Also, upon motion of Dr. Wack, seconded by Mr. Whitson and unanimously passed, the Memorandum of Understanding between the City of Westminster and the Maryland Department of Corrections was approved. DEPARTMENT REPORTS: Mr. Beyard updated the Mayor and Common County on the status of the Rental Licensing Program, stating that over one-third of the projected license applications have been received. He stated that 1,162 applications have been submitted so far, which has generated over $23,000. He also reported that in working with the City Attorney, they were able to bring a really difficult Code case to an end. Ms. Gruber reported that she, along with two other department members, attended the Maryland Recreation and Parks Association Conference in Ocean City, Maryland. She stated that the City of Westminster Recreation and Parks Department received a Presidential Citation for their ongoing support of the association. She also reported that she had a bid opening recently and is continuing to have meetings regarding the skate park. Chief Spaulding reminded the Mayor and Common Council that the annual Police department awards ceremony will be Wednesday, April 24th at 9:00 am at the Carroll Arts Center. Along with the Mayor and Common Council, members of the media were also invited to the event. Mr. Horn reported that with the recent close of the legislative session, one bill that came through was for the comprehensive plan adoptions to be done every ten years as opposed to the current six years. He added that there will also be additional reports that need to be filed for implementation as part of an annual report to the Maryland Planning Office. Ms. Wolf reminded the Mayor and Common Council that the Main Streets around the County met and decided to conduct joint advertising. She reported that the Carroll County Downtowns now have a website and “traveling” billboard. She explained that the billboard will move to various locations around the County, and added that the County is paying for the bulk of this effort. She also stated that they are working on a rack card that lists all of the annual events in all of the downtowns. Ms. Wolf also reported that the City did not receive the grant submitted to Habitat for Humanity for the Union Street properties, but will be submitting a CDBG application for $800,000 to complete the Union Street project. She added that a Resolution will be presented at the next meeting. Ms. Wolf then reported that she attended the 2030 meeting the week before which was a presentation by nine different groups dealing with the priorities of the County’s municipalities. She stated that need for broadband was the number one item discussed due the increased use of technology that it would bring. Ms. Wolf listed the other popular discussion topics, such as adequate infrastructure in the way of water, sewer, and roads; education and training; and a plan for new businesses and industry. She informed the Mayor and Common Council that they are working on getting all of this information together and having a final report out for public review in October. CITIZEN COMMENTS: Martin K.P. Hill of Woodhaven Building Development, Inc. questioned the status with MDE on the consent order for the water and the commitment of the City in keeping that moving. He explained that they are ready to construct another block of houses in the Bolton Hill community, adding that they are only looking at 10,000 gallons of water. Mr. Glass began by giving an update on the current status of the Gesell Well. He indicated that the drawings were approximately 99% complete and that there are still a number of fee simple acquisitions that have to be made with Carroll County and the Agricultural Center to get the pipelines through. He added that the legal arrangements for those acquisitions have recently been completed and they should be on their way to the County. He stated that the County did not know for sure what they wanted to do with the property at the Gesell Farm, but they did not want pipelines going through the middle of potentially developable land, so the City designed it so that the pipeline would encumber are not buildable areas. He explained that there are some sewer lines that currently go through there as well, so they are trying to use the existing easements. Mr. Glass then reported that the water capacity management plan is currently under way and the outcome of the updated plan will determine whether or not the Gesell Well is 100% available as new water, or what percent that may be. He went on to say that the overall demand has decreased over the last few years with the potential exception of this past year. He explained that that information has been provided to the engineer, who is updating the plan. He stated that the plan has not been turned into MDE as of yet, but a draft of it will be available before it is submitted for final review. Dr. Wack explained that once it is known from MDE what portion of that new well’s capacity can be allocated to new growth, the City will have to finish its own process of figuring out how much of that is going to be allocated to residential, business, and industrial. Mr. Chiavacci questioned when the City will be able to start pumping water from that well. Mr. Glass responded that he does not want to put the project out for bid until the fee simple acquisitions have been taken care of. He added that there is also a permitting process that is associated with it, but he is hoping that once it is out for bid, it will be ready to pump water. Jim Reter of 315 Kingsbury Way stated that while the City’s employees may have not received increases in five years, they have received bonuses in the past two and from the taxpayer’s point of view; it is all money that is being spent. He feels that there is a problem with semantics. Rebecca Orenstein of 64 Pennsylvania Avenue thanked Mr. Glass for taking care of the issues along Winters Alley. She then proposed that a concert be held, after Corbit’s Charge, to celebrate the 175th anniversary of the City’s incorporation. Ms. Orenstein questioned whether the Mayor and Common Council would consider honoring certain citizens of the City of Westminster if she or the Tri-Street purchased the award. President Halstad stated that he believe they could accommodate for that type of an award. She then requested assistance on obtaining 250 commemorative bookmarks for Corbit’s Charge. Councilman Chiavacci volunteered his company’s services and will donate the bookmarks to the event. Ms. Orenstein voiced her concerns about a neighboring house that is running a school/daycare out of the house. It was recommended that she contact the State with these issues since they ultimately handle the daycare licensing. Finally, Ms. Orenstein challenged Mayor Utz to a debate, but he respectfully declined. ADJOURN: President Halstad adjourned the meeting at 8:57 PM. Respectfully Submitted, Elizabeth L. Fahey