Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING SEPTEMBER 9, 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 September 9, 2013, at 7:00 P.M. Mayor Utz; Council President Wack; Council Members Albert, Chiavacci, and Frazier; City Administrator and Acting City Clerk Wolf, City Treasurer Palmer; Captain Yeager, Director of Recreation and Parks Gruber, Director of Public Works Glass, Director of Community Planning and Development Horn, Director of Housing and Preservation Services Beyard; and City Attorney Levan. Chief of Police Spaulding and Councilman Whitson were excused from attending the meeting. President Wack welcomed Commissioner Howard to the Mayor and Common Council meeting. Commissioner Howard shared with the Mayor and Council that about a year ago it was brought to his attention that no local transportation service was available for veterans requiring access to VA hospitals. Consequently, a pilot program has been put together that provides a shuttle service from Westminster Town Mall and Carrolltowne Mall (in Eldersburg) to the VA hospital in Baltimore. He shared that the pilot program began as a two days per week service and has now expanded to five days per week. The goal is to one day provide service to Fort Detrick and possibly to the VA facility at Fort Meade. Commissioner Howard commented that one of the biggest challenges has been getting the word out to all veterans that the shuttle service is available. He shared that he attended tonight’s Council meeting to seek their assistance in reaching out to all 15,000 veterans who reside in Westminster. Commissioner Howard stated that a Veterans Advisory Council has been formed and that they are learning about the daily challenges faced by veterans in our communities. He noted that Carroll County was fortunate to recently receive VA funding for a local service provider position who will assist veterans trying to obtain VA benefits and assistance. This candidate will be accredited and trained by the VA and will be in the County every day helping citizens who are eligible for services. Mr. Chiavacci commended Commissioner Howard for initiating this program and suggested that the City promote the program during events with a banner, informational brochures and flyers. Ms. Wolf suggested adding program information to the newsletter. Dr. Wack thanked Commissioner Howard for coming to the meeting. MINUTES: Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the minutes of the Council meeting of August 26, 2013, were approved. PUBLIC HEARINGS: Mayor Utz conducted a public hearing on Ordinance No. 846 – Amendments to the Planned Industrial Zoning District. Mr. Horn informed the Mayor and Common Council that on August 12, 2013, Ordinance No. 846 was introduced during the Council meeting. He summarized that on June 25, 2013, the City of Westminster Planning and Zoning Commission reviewed a proposed text amendment to the Planned Industrial (PI) Zoning District. The proposal will amend uses permitted to allow drive-through facilities at banks and to add “Trade Schools” to the list of permitted uses. Mr. Horn also added that this would allow for some additional commercial and retail businesses. Mr. Horn explained that the Planning Commission found the inclusion of limited commercial activities to be consistent with the intent of PI zone as originally envisioned. The Commission also found the allowance of mixed uses to be an important option in the ongoing economic success of properties located within the PI zone. The Planning Commission noted that the approval process for these uses remains consistent with the strict administrative procedures already required of planned developments within this and other zones in the City. Specifically, any proposal to take advantage of these options involves review and approval by both the Planning Commission and the Mayor and Common Council. Mayor Utz inquired whether this Ordinance would require extensive review processes. Mr. Horn replied that it would be a requirement to meet a very vigorous review process that ultimately ends up before the Mayor and Council. This is different than a typical development plan. Clark Shaffer, attorney for Robert Rosen, owner of the Carroll Commerce Center, shared that he and his client are in favor of the text amendment for economic relief. He shared that Mr. Rosen has owned and developed this property for 20 years and has invested a significant amount of resources resulting in the clean industrial office buildings found on site today. Mr. Shaffer added that Mr. Rosen went through industrial process years ago, had his plan approved and has roughly 120,000 square feet of built space. Within the past five years, Mr. Rosen has experienced some tough times. Ordinance No. 846 would allow limited retail and commercial development only after a thorough plan review process. Mr. Shaffer feels that this will be good for the Carroll Commerce Center and other planned industrial efforts in the City. Mr. Chiavacci questioned if the emphasis behind the Ordinance was to increase retail and commercial opportunities in an effort to make it more attractive for industrial investors. Mr. Shaffer replied that was largely the intent but noted it will also attract customers from outside the park. It is designed to be supplemental to the primary industrial use. President Wack questioned Mr. Horn as to numerical limitations on commercial building sizes and overall percentages. Mr. Horn replied that not more than fifteen percent (15%) of a site may be developed for commercial/retail uses, and that buildings may not exceed 6,000 square feet with a few exceptions. Mr. Rosen shared that he has been an owner and developer within the City and County for 20 years. He explained that the shopping center has 120,000 square foot of space. He shared that the last building built was vacant for two years before it was leased at a lower rate. Mr. Rosen feels that if he has more mixed use on this site, then he would be able to lease the vacant space. Mr. Rosen expressed that he is committed to utilizing the business park to its fullest ability. Mr. Frazier inquired as to why previously approved special exceptions on site would not count toward the 15 percent limitation previously discussed. Mr. Shaffer noted that the only special exceptions allowed in this zone are banks and savings and loan institutions, and telecommunications facilities. In light of the already established strict limits on allowable special exceptions, therefore, it was determined they would not be counted toward the commercial and retail limitations as proposed. Mr. Chiavacci expressed appreciation and support for Mr. Rosen’s efforts. Mr. Rosen thanked City staff for their efforts in facilitating the amendment. CONSENT CALENDAR: Mr. Chiavacci moved to amend the Consent Calendar for the purpose of further discussion of the License Plate Reader Program under the Council Comments section of the meeting. Mr. Frazier seconded and the motion passed unanimously. REPORT FROM THE MAYOR: Mayor Utz reported that he attended the MML board meeting. He shared that MML is going to go back to the Legislature this year and is continuing to educate them with regard to HUR. Mayor Utz commented this was nice event held at Delmar City hall. REPORTS FROM STANDING COMMITTEES: Mr. Chiavacci complimented Ms. Gruber for a job well done with keeping things moving at the Recreation Center during the window replacement project. COUNCIL COMMENTS AND DISCUSSION: Dr. Wack informed Council that the topic for consideration is for the proposal for Memorandum of Understanding between Maryland State Police and Maryland License Plate Reader program. Mr. Frazier began by expressing his concerns about the data base not being up to date. He would be in favor of the program if the data base was more frequently updated, but consequently it is currently as much as a year behind. Mr. Chiavacci inquired that if there is probable cause before stopping someone why use the license plate reader. Captain Yeager explained that an officer would have made a stop for another reason before pulling the driver over for what was provided on the license plate reader. She explained that an officer would verify the information before pulling someone over on their MDCs, which provides a photo of that person. She added that each time an officer logs in to their computer, the system is updated. Ms. Albert commented that this is a tool for law enforcement and suggested having a trial period to see how effective the license reader program is. Captain Yeager shared that the Carroll County Sherriff’s Department has this system. Ms. Wolf suggested having the Sheriff’s department show Council how this program would work like the department did with the red-light cameras. Dr. Wack questioned if there have been tests run to see how accurate the license plate readers are. Captain Yeager replied that she is unsure, but feels that it is a good idea if Council saw how the program was operated. Dr. Wack commented that the red-light cameras took pictures of people breaking the law versus the license plate reader taking photos of everyone see if a law has been broken. Dr. Wack noted that Chief Spaulding shared that the data is held for a year. He feels that this is a trade off of security and freedom. Dr. Wack commented that Council needs to think this through. Captain Yeager commented that she feels that the License Plate Reader program would be a great tool for the Westminster Police Department. She requested that the Council give Chief Spaulding an opportunity to speak regarding the license plate reader program. Mr. Chiavacci and Ms. Albert suggested a postponement of further discussion until Chief Spaulding is available to speak regarding the license plate reader. BIDS: Mr. Glass summarized that the City’s Street Department is replacing a dump truck that will be utilized by both the Street Department and the Utilities Maintenance Department for various duties. The decision to select International was based upon positive history with the manufacturer. The supplier has bid and secured a contract with Carroll County to supply this equipment and as a Local Government; Westminster is in a position to take advantage of the procurement and economics of that contract. Mr. Glass recommends to the Mayor and Council to formally accept Bare Truck Center proposal of the first truck totaling $148,296.43, which includes stainless combination tool box/ pre- wet system and the second truck in the total amount of $140,996.43 including the increased material thickness for the dump truck body. Mr. Chiavacci questioned if the purchase of the trucks were budgeted in for FY2014. Mr. Glass replied yes, the funds are from the water and sewer fund as well as the general fund. Mr. Frazier inquired if the bids for the trucks were not sent out to other suppliers because they are coming from the County. Mr. Glass replied that this was a better deal. Mr. Chiavacci motioned to approve two truck bids, Mr. Frazier seconded, and the motion passed unanimously. ORDINANCES & RESOLUTIONS: President Wack summarized and requested approval of Ordinance No. 846 – Amendments to the Planned Industrial (PI) Zoning District. Upon motion of Mr. Frazier and seconded by Mr. Chiavacci, Ordinance No. 846 – Amendments to the Planned Industrial (PI) Zoning District was approved unanimously. NEW BUSINESS: Ms. Wolf reported that herself, Mr. Horn and Mayor Utz have met with 46 business owners and six landlords within a course of a couple of months. One of the items discussed was pedestrian and bike traffic. Ms. Wolf and Ms. Gruber have shared a discussion about having bike trails connected with trails that already exists. Another item that was discussed was downtown safety and security. Some of the business owners currently have cameras on their buildings and would like to give the Police Department access to the cameras. The business owners who do not currently have cameras shared that they would add them if the Police Department would use them. Ms. Wolf then shared that the business owners are pleased with the marketing efforts that have been made by the City staff and are appreciative of their efforts. She shared that there were items raised by business owners regarding code compliance, Main Street traffic patterns, and Sunday hours at the library. Ms. Wolf added the business owners are grateful that the Mayor and Council provided funding for the Sunday hours. Ms. Wolf commented that they were not as successful with landlords as they were with business owners. Landlords were not amenable to suggestions that were made such as pop up business which are used successfully in other communities when businesses are vacant. Mayor Utz shared that when they met with business owners, they shared the same struggles with landlords and the building owners. He noted the landlords were encouraged to consider the façade program as a means of sprucing up their buildings. He also spoke with homeowners associations who did not present many complaints. Ms. Wolf commented that the homeowners associations were very helpful to the Rental Licensing Program. Mr. Chiavacci questioned how Ms. Wolf selected the businesses and landlords that they met with. Ms. Wolf replied that it was random selection process. Mayor Utz commented that a good mix of businesses and personalities was important to the success of the process. Mr. Chiavacci commented that he has received positive feedback from business owners about the City doing the business roundtable meetings. Mayor Utz commented that they need to know that they are wanted and needed downtown. Mr. Frazier commented that he is amazed that the landlords would not lower rent to have someone in a vacant spot with the prospect of raising it six months down the road when the business is established. Mr. Horn informed the Mayor and Council that Ms. Harchenhorn, owner of 19 Goni Terrace, requested consideration of a Good Cause Waiver to connect to the City’s wastewater system. The Harchenhorn petition is put forward as a result of the failure of their on-site private system to satisfy Carroll County Health Department sanitary requirements relating to the sale of their property. The property is located outside the City’s corporate limits, within the S-1 Existing/Final Planning Service Areas for Sewer, and adjacent to an existing City sewer service line. Mr. Horn recommended that Council approve the Good Cause Waiver because it meets the criteria. Mr. Frazier questioned who would cover the costs of the sewer being connected to the property. Mr. Horn replied the owners would cover the costs. Mr. Chiavacci inquired if the property was adjacent with the City property. Mr. Horn replied that the property is not adjacent but is proximate to the City system. Mr. Chiavacci motioned to approve the Good Cause Waiver for 19 Goni Terrace, Mr. Frazier seconded, and the motion passed unanimously. DEPARTMENTAL REPORTS: Mr. Beyard reported that the Rental License program has issued 2,058 licenses, which is eighty-six percent (86%) of the estimated total. He shared that the Greens is now at eighty percent (80%), Middlebrooke is at sixty-five percent (65%) to seventy-five percent (75%), and Parr’s Ridge is eighty-six percent (86%). He commented that when the program receives 3,000 applications, it will be at ninety-five percent (95%). Mr. Chiavacci inquired about reaching 100%. Mr. Beyard doubts that the Rental Licensing will reach 100% but that staff continues to strive for that goal. Mr. Beyard hopes the process will be more automated next year. Ms. Gruber reported that City Park has been voted best community park in Carroll’s Best voting and that King Park was given honorable mention. She shared that the meetings for Fallfest and Miracle on Main have continued. Fantastic Friday was finalized last week with Carroll County Schools. Ms. Gruber also reported that the pool was closed for the season and that the Parks Department hosted a pooch pool day. She shared that there were 40 to 50 dogs who attended this event. The money that was received was donated to a local rescue. Ms. Gruber hopes to expand the experience next year. Mr. Glass reported that due to the completion of the Sawgrass tank, the temporary mono poles holding the cell phone antennas are slowly being dismantled. He also reported that the curb ramp project will be completed, prior to Fallfest, within the area of Fallfest. He noted that the project will be moving to the area around Fairways in Wakefield. When Fallfest is complete, the curb ramp project will then move back into the downtown area. Mr. Chiavacci questioned the amount of prisoners who have been working on the ramp project. Mr. Glass replied there are 4-8 prisoners at each site. Mr. Chiavacci commented that they are doing a good job. Mayor Utz shared that the Department of Public Safety is doing a press release including mention of the City’s project. Ms. Wolf added that the City promised to do an event on Main Street at the conclusion of the project. Ms. Wolf noted the passing of Ms. Rebecca Ornstein. She inquired of Council approving donating a tree in memory of Ms. Ornstein and that because of her the trees on Main Street were saved. Council approved the donation of the tree in memory of Ms. Ornstein. Dr. Wack also recognized Ms. Ornstein and noted her contributions to the City of Westminster as a Councilwoman and an activist. He also recalled her dedication and passion for her community. CITIZEN COMMENTS: Lyndi McNulty, 195 West Main Street, suggested that the City support the Westminster Police Department in hiring more Police Officers to increase protection. She shared a current experience that she encountered at her home during the day. She would like to see more law enforcement for the safety of the community. Ms. McNulty also commented that, due to Rental Licensing Program, she has seen improvements in the rental housing stock. Marty Hill encouraged the City to do anything they can to free up water capacity. Mr. Chiavacci questioned Ms. Wolf as to the status of the City receiving more water. Ms. Wolf replied that the City is still waiting on the MDE capacity management plan that was submitted. Ms. Wolf expects this to take approximately four months. Mayor Utz questioned if Ryan Homes is doing any building right now. Mr. Hill replied that Ryan is down to the last couple of lots and will need water for 32 lots for the next phase. Mayor Utz commented that Mr. Glass and staff have done what they can to try to secure the volume of water that is needed. Misty Henline, 414 Baldwin Park Drive, Apt. A3, shared her thoughts on the License Plate Reader Program. She encourages Council to educate themselves on probable cause and reasonable suspicions. The criminal justice system is made of multiple kinds of data bases from multiple jurisdictions. In 2014- 2015, the state will go to one data base, so every court proceeding will be under one state wide mandatory program. She is a prosecutor in Baltimore City where this data is used and she encourages the Mayor and Council to favorably consider it. ADJOURNMENT: President Wack adjourned the meeting at 8:37 PM. Respectfully Submitted, Shannon Visocsky