Mayor & Common Council Meetings
Regular MeetingWestminster, MD · July 8, 2013
Minutes
CITY OF WESTMINSTER, MARYLAND
MAYOR AND COMMON COUNCIL MEETING
JULY 8, 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 July 8, 2013, at 7:00 P.M.
Mayor Utz; Council President Wack; Council Members Albert, Chiavacci, Frazier and Whitson;
City Administrator and Acting City Clerk Wolf, City Treasurer Palmer; Chief of Police
Spaulding, 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. Director of Public Works Glass was excused from attending.
Mayor Utz read a proclamation declaring July 2013 as Recreation and Parks Month in the City
of Westminster. Robyn Cherney and Kristi Turgeon were present to accept the proclamation
and Mayor Utz applauded their efforts on behalf of the Recreation and Parks Department.
Ms. Gruber introduced Jeff Degitz, Director of Carroll County Recreation and Parks, to
summarize a request for a letter of support. Mr. Degitz explained that the County is looking to
expand Bennett Cerf Park trail, which would then cross through property within City limits. In
order to extend the trail, the County is looking for support from the City and Random House,
Inc. and will work with State Highway Administration to apply for Recreation Trail funding to
complete the project.
Mr. Chiavacci asked if the County was asking for financial support from the City; Mr. Degitz
replied no. Mr. Chiavacci asked if there were any benefits of offering financial support; Mr.
Degitz replied that there is no need for financial support.
Mr. Frazier asked how long the trail will be upon completion; Mr. Degitz replied 3,700 feet. Mr.
Frazier asked if the material used would be blacktop; Mr. Degitz replied yes to be consistent
with what already existed there.
Mr. Chiavacci asked who would maintain the trail; Mr. Degitz was unsure at this time, though it
may be a combination of City, County and Random House staff. Dr. Wack asked which entity
controlled the right of way on that trail; Mr. Degitz replied it is in the County’s jurisdiction. He
added that with the wetland area, the trail will not impede on the environmentally sensitive
areas.
Ms. Wolf asked if other, semi-permeable materials were being considered due to the
noncompliance of asphalt with stormwater management standards. Mr. Degitz replied that the
County had not considered alternatives yet, but would due to that issue.
Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the letter of
support for Carroll County Recreation and Parks was approved.
MINUTES:
Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the minutes
of the Council meeting of June 10, 2013 were approved.
CONSENT CALENDAR:
Ms. Albert moved to approve the Consent Calendar, which consisted of the May 2013
Departmental Operating Reports. Mr. Chiavacci seconded and the motion passed
unanimously.
REPORT FROM THE MAYOR:
Mayor Utz reported on his attendance of the 2013 Annual Maryland Municipal League (MML)
conference in Ocean City, Maryland. He was able to collaborate with state officials and staff to
discuss the City’s needs and his comments were well-received.
Next, Mayor Utz reported on recently contacting the Carroll County Commissioners regarding
the stormwater management fees not being raised and how this would adversely affect
municipality tax-payers. He was able to speak with Commissioners Shoemaker and Howard to
set up a meeting with other county municipality officials to request inclusion in budget meetings
and discussions. Ms. Wolf described the stormwater management standards requirements for
watershed improvement programs and explained that those fees supply funding to
municipalities. She summarized the discussion at the meeting centered around municipalities
not being included in the stormwater management fee collected by the County.
Mr. Chiavacci asked who was included in the meeting with the Commissioners. Ms. Wolf
replied the meeting was composed of staff from the Water Resources Committee and
municipalities throughout the county. She added that the NPDES standards will not be
available until the fall, so there is time to discuss making changes to the Commissioners’
decision.
Dr. Wack commended Mayor Utz for his diligence in watching over the citizens and protecting
their interests. He clarified that even state-mandated rules are negotiable, and Mayor Utz was
able to save the tax payers a great deal of money should this decision have gone through.
REPORTS FROM STANDING COMMITTEES:
Mr. Chiavacci reported on the 2013 LAX MAX Tournament held at various recreation fields
throughout the City. He thanked Mr. Degitz and Ms. Gruber for their help in organizing the
event. Mr. Chiavacci explained that the City received complaints against using City Park as
one of the available playing fields, so it was removed from the tournament this year. As a
result, Downtown businesses did not prosper as in previous years. Therefore, next year the
organizing committee will look to including City Park again to help improve Downtown
business.
Dr. Wack commented that the tournament was a great event and innovative improvements
were being made every year.
Ms. Albert reported on compliments and appreciation received at the recent Arts Council
meeting. She also reported that at the last Planning and Zoning Commission meeting, concern
was raised regarding traffic moving the wrong way in the alley behind Willis Street. She
requested that the One Way signage be updated and asked Chief Spaulding for his
department’s assistance in controlling traffic. Next, Ms. Albert asked on behalf of a citizen why
the fountain in Belle Grove Square was not running. Lastly, Ms. Albert was contacted by a
Church Street resident regarding disturbances in the Westminster Cemetery. As a result, the
community, Westminster Cemetery Company board members and WPD will be working
together to ensure a safe neighborhood and protected resting place.
BIDS:
Ms. Wolf read a memo from Mr. Glass stating that the FY13-14 General Budget contained
funds for milling and resurfacing various streets in the City. The project was publicly
advertized, and bids were due June 25 th. One bid was received, from C.J. Miller, LLC in the
amount of $1,486,378 and was the apparent low bidder.
Mr. Chiavacci clarified that the project was publicly advertized, although the City only received
one bid. He complimented C.J. Miller on other projects well done.
Mr. Frazier asked how many miles of road would be repaved for the amount of money paid.
Ms. Wolf replied that it was dependent upon how much work needs to be done once crews are
on site. Dr. Wack added that the price was locked in and would not increase.
Upon motion of Mr. Chiavacci and seconded by Mr. Frazier, the bid from C.J. Miller, LLC in the
amount of $1,486,378 was accepted.
Ms. Wolf then read a memo from Mr. Glass stating that the FY13-14 General Budget contained
facilities maintenance repairs for City Hall and the Armory, specifically for the restoration of
existing wooden windows. Specifications for the window replacements were forwarded to the
Historic District Commission and Maryland Historic Trust for comment. As a result, the project
was publicly advertized and bids were received on June 24th ranging from $283,107 to
$237,450 with the lowest submitted price from Patrick Construction Building and Remodeling,
Inc. The same company provided outstanding workmanship on the Column and Porch
renovation and Exterior Storm Window installation at City Hall, in addition to multiple historic
projects at McDaniel College that were similar in nature.
Mr. Frazier asked if any doors at the armory were being replaced or just the windows. Ms. Wolf
clarified that only the windows were being replaced.
Mr. Chiavacci added that it was important to note that Patrick Construction was a local
company.
Upon motion of Mr. Whitson and seconded by Ms. Albert, the bid from Patrick Construction
Building and Remodeling, Inc. in the amount of $237,450 was accepted.
ORDINANCES AND RESOLUTIONS:
President Wack requested introduction of Resolution No. 13-06 – Approval of a Project to
Raise Funds for the Boys & Girls Club of Westminster. Dr. Wack the recused himself from
discussion and voting due to his wife being a board member. Bonnae Meshulam, Executive
Director of the Boys & Girls Club of Westminster described the program and why funds were
being raised: for improvements to the technology lab and equipment. Dr. Wack clarified that
the Club was only requesting a letter of support and no financial support. Ms. Wolf added that
the Mayor and Council approved a similar request from the Westminster Library for the
sculpture park.
Upon motion of Mr. Chiavacci and seconded by Mr. Whitson, the introduction of Resolution No.
13-06 – Approval of a Project to Raise Funds for the Boys & Girls Club of Westminster was
approved unanimously.
President Wack requested a motion to approve Ordinance No. 844 – Amending Chapter 36
Procurements and Contracts. Ms. Wolf summarized the Ordinance and Ms. Levan added that
it would clarify language in the existing City Code. Mr. Frazier motioned to approve the
resolution, Mr. Chiavacci seconded, and the motion passed unanimously.
NEW BUSINESS:
Dr. Wack summarized a proposal from CTC Technology and Energy to perform fiber
infrastructure engineering, construction oversight, and quality assurance to move forward with
a residential and business pilot network.
Mr. Frazier asked if this was the only group explored for this process. Dr. Wack explained that
the City was looking to piggyback on existing contracts.
Mr. Chiavacci expressed his interest in bringing fiber network to the City and thus increasing
the number of high-paying, white-collar jobs. He added that it was advantageous to tie into
familiar systems to increase the local commercial base.
Mr. Whitson commented that similar initiatives were doing very well in small cities in Iowa.
Mayor Utz added that Maryland state officials were discussing the same.
Mr. Frazier asked if the process was open for any company to build upon. Dr. Wack clarified
that CTC was framing the development and prebuild stages of network design only and that
the physical infrastructure would come later.
Upon motion of Mr. Chiavacci, seconded by Mr. Frazier, the Amendment from CTC for
engineering and design was unanimously approved.
Mr. Horn requested acceptance of a road deed for Meadow Branch Road as part of the future
road widening process for the Jacob’s Ridge development.
Upon motion of Ms. Albert, seconded by Mr. Whitson, the acceptance of the road deed for
Meadow Branch Road was unanimously approved.
DEPARTMENT REPORTS:
Mr. Beyard updated the Mayor and Council on the status of the Rental Housing License
Program. He stated that as of August 1st, the fee of $20 per unit would increase to $50 per unit.
His department is working to send out a reminder letter to those property owners who have not
yet registered their rental units. He added that the court system will no longer consider eviction
cases unless a property owner has a rental license number, so it is critical that each unit is
properly registered. Mr. Beyard then commented that the audit on the Housing Voucher
Program is currently underway.
Ms. Gruber answered Ms. Albert’s previous inquiry about the fountain at Belle Grove Square,
stating that crews are waiting for a part of machinery before the fountain can be repaired. She
then reported that Recreation and Parks Month was going well, and thanked summer camp
staff for their assistance. She stated that all camps are booked full and staff is turning away
applicants. As a result of space constraints in the Armory, Ms. Gruber is looking for
alternatives to accommodate more families in the camps. Next, Ms. Gruber reported that she is
working on a Community Parks and Playgrounds grant submission to make improvements to
the Charles Street tot. She also stated that she will be visiting a local skate park which has
recently undergone upgrades to see how the skaters like the work performed. If found
satisfactory, the City will look to utilize the same material to update its skate park from the
deteriorating wood structures currently in place. Ms. Gruber then reported on working with
WPD for the recent triathlon, stating that next June she hopes the event will be fully City-
sponsored. Finally, Ms. Gruber thanked the Mayor and Council for the privilege to attend the
MML conference; she was proud to represent the City.
Mr. Frazier asked what materials would replace the wood at the skate park. Ms. Gruber replied
that they are looking at Proseries material comprised of steel construction with a painted
surface. With a 20 year warranty, it was a more cost-efficient material than concrete.
Ms. Palmer reported on the audit currently underway, stating that after the current week the
auditors would then return in September for final reports. She added that the rate model study
was worked on and the City’s accountant Bruce Rupp recently attended the GFOA conference.
Chief Spaulding reported that the Defend Life Group would return to Downtown Westminster
for their annual demonstration on July 24th and he expected little conflict. Officers would be on
site to ensure the demonstration would remain safe.
Mr. Horn reported that the Board of Zoning Appeals would meet regarding the Holy Apostles
Church on July 10th.
CITIZEN COMMENTS:
Ms. Albert asked for an introduction of the present board members of the Boys and Girls Club
of Westminster. Ms. Meshulam introduced Vice Chair Beth Tevis and Health Care Consultant
Lisa Wack.
ADJOURN:
President Wack adjourned the meeting at 8:10 PM.
Respectfully Submitted,
Samantha H. Parthree
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