Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING OCTOBER 14, 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 October 14, 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, Chief of Police Spaulding, Director of Recreation and Parks Gruber, Director of Public Works Glass, Director of Community Planning and Development Horn, and City Attorney Levan. City Treasurer Palmer was excused from attending the meeting. Mayor Utz announced that Trick-or-Treating for the City will be held on October 31st from 6:00-8:00 PM. Chief Spaulding informed the Mayor and Common Council that since the last meeting on September 23rd, the State Police provided a License Plate Reader (LPR) equipment demonstration. He shared his appreciation for the Council’s willingness to see the LPR in action. He also expressed his appreciation to Corporal Justin Cioka and other Troopers from the Maryland State Police who conducted the demonstration. Chief Spaulding introduced Ms. Colleen Richarts, LPR Program Administrator of Maryland Coordination and Analysis Center (MCAC); Mr. David Engel, Director of MCAC; and Mr. Harvey Eisenberg Esq., Assistant United States Attorney, Chief of the National Security Section of the US Attorney’s Office in Baltimore and Coordinator of the Anti-Terrorism Advisory Council of Maryland present to answer any questions about the LPR. After Council discussion, Mr. Chiavacci summarized that the program was built to receive the data and can be beneficial to the Westminster Police Department from a law enforcement perspective. Mr. Frazier recommended a month or two on a pilot program. Dr. Wack thanked Ms. Richarts, Mr. Engel and Mr. Eisenberg for coming to speak with Mayor and Council. MINUTES: Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the minutes of the Council meeting of September 23, 2013 were approved. REPORT FROM THE MAYOR: Mayor Utz thanked City staff for their assistance during Fallfest events and was pleased with the attendance at Midnight Madness. Mayor Utz reported that he met with Mr. Douglas Gansler, who is running for Governor, who gave a presentation from the democratic perspective. He also reported that Miracle on Main Street meetings have continued and provided a number of good ideas. Finally Mayor Utz shared that he attended the NAACP Banquet on October 11 along with Chief Spaulding and Ms. Albert. REPORTS FROM STANDING COMMITTEES: Mr. Chiavacci complimented Fallfest, as well to Chief Spaulding for a job well done to the officers who patrolled the event. He also shared that business owners remarked about the noticeable increase in officers’ presence downtown. Mr. Whitson added that he also thought the Fallfest was a wonderful event. Mr. Frazier commented on the recent Pay as You Throw presentation and suggested the City purchase larger recycling containers. Dr. Wack agreed that the presentation for Pay as You Throw contained good information. He recommended that the City would be incremental in transitioning to a new program. Mayor Utz suggested prioritizing and producing a timeline so that the City can budget the cost and plan the transition of trash removal for citizens. Mr. Chiavacci suggested subsidizing the recycling cans for citizens so they are able to purchase the larger ones. Dr. Wack reported a concern of the Finance Committee regarding the Section 8 housing. He explained that if the Federal government shut down continues, this will have an effect on the Section 8 housing funding. He inquired if Council would want the City to cover the subsidy temporarily and if so, for how long would the City be able to fund the subsidy. He feels that the City has a duty to the property owners. Mr. Chiavacci inquired if the City is required to provide the funding in this case and the impact that this could have on the tenants and the landlords. Mr. Frazier questioned if the Federal government will then pay back the funding. Ms. Wolf replied that she is unsure at this time due to the shut down. Mr. Chiavacci suggested that if the City provides the funding, they should do it with the assumption that the City will not receive these funds back and possibly do partial subsidy of fifty percent. Council agreed to readdress this issue at the next Council meeting on October 28 if the shutdown has not been resolved. BIDS: Mr. Glass summarized that the City’s FY2013-14 General Fund Budget contains sufficient funds to purchase two pickup trucks, a van, an SUV, and a sedan. In addition the Water Fund Budget contains funds for replacement of a one ton utility truck as well. The State of Maryland General Services contract was consulted for the potential economies of scale for purchasing the vehicles. The vehicles were bid individually to local dealers in attempt to provide the most opportunity for Westminster local businesses. Mr. Glass recommended to the Mayor and Council to formally accept the apparent low bids for the one ton utility truck, sedan and one of the two pickup trucks in the respective amounts of $30,143 less ($2000 trade), $24,725 less ($900 trade), $17,311 less ($1000 trade), and $24,783 less ($1600 trade) from Jeff Barnes Chevrolet in Sykesville, Maryland. Mr. Glass also recommended the approval of the purchase of the van from Criswell Chrysler Jeep Dodge in the amount of $21,058 and second pickup truck from Apple Ford in the amount of $23,200, both under the State contract. Mr. Chiavacci complimented Mr. Glass for a job well done on receiving the bids. He questioned the difference in amounts in comparison to State bid. Mr. Glass replied approximately $500 to $1000 difference. Upon motion of Mr. Chiavacci and seconded by Mr. Whitson, the bids for the Vehicles was accepted. ORDINANCES & RESOLUTIONS: Mr. Horn informed Mayor and Council that Chapter 119 ‘Property Maintenance’ of the City Code incorporates the 2009 International Property Maintenance Code (IPMC) by reference. In 2012, the IMPC was revised and updated. Mr. Horn recommended favorable consideration of Ordinance No. 820 which will result in an update of the City’s Code to reflect the 2012 changes and other minor amendments related thereto. Mr. Whitson inquired if there were some things from the new Rental Licensing program in the Ordinance as well. Mr. Horn replied yes it had to update for the 50 mile requirement for a property manager. Mr. Whitson inquired if the only reason for the updates was due to the Rental Licensing Program. Mr. Horn replied that the City is incorporating the 2012 changes. Revisions that were incorporated into the City Code will keep current with the changes that are taking place with the international property maintenance code. Ms. Albert motioned to approve Ordinance No. 820. Mr. Frazier seconded and the motion passed 4-1 with Mr. Whitson opposing. UNFINISHED BUSINESS: Mr. Frazier suggested amending the motion to have the LPR in a pilot program for three months so Council can see how it is working for the City. Mr. Frazier motioned to amend the LPR Memorandum of Understanding. Mr. Chiavacci seconded and the motion unanimously passed. Chief Spaulding expressed his concerns that three months will not be enough to give Council the feedback that they need for the program. Mr. Whitson commented that before voting he would like to know if not uploading the non-hits is possible before voting. Dr. Wack explained that due to the circumstances he does not feel that from a policy perspective it will be allowed. Mr. Chiavacci commented that he does not feel it will not be acceptable either. Mr. Chiavacci motioned to approve the LPR Memorandum of Understanding. Ms. Albert seconded and the motion passed 4-1 with Mr. Whitson opposing. NEW BUSINESS: Mr. Horn informed Mayor and Council that Ms. Amy Miller-Myers, property owner at 48 Bennett Avenue in the City, requested to extend an 8” sanitary sewer line from a point on Colonial Avenue to the subject property boundary as a result of a failed septic system. The property owner proposes to extend the sewer line to access the City’s wastewater system. Acceptance of the referenced Public Works Agreement A-1082 by the Mayor and Council provides the necessary assurances and protections that he property owner will construct the project in accord with City construction standards. Council approved Public Works Agreement A-1082 with a unanimous consent. Ms. Wolf read a memo from Mr. Miller stating his recommendation for CivicPlus Contract for Website and Redesign and Hosting. She summarized the benefits that the vendor has to offer as well the features that CivicPlus can provide to the employees as well as citizens. Ms. Wolf informed the Mayor and Council that the procurement will be directly through CivicPlus for the total amount of $26,085 to be spread equally among Water, Sewer and General Government funds. CivicPlus was unanimously chosen out of a pool of three vendors. Mr. Chiavacci inquired if any of the local companies were able to provide the City with the same capabilities. Ms. Wolf replied that they do not have the municipal back end programming that is needed for this upgrade. Council approved CivicPlus Contract for Website Redesign ad hosting with unanimous consent. Ms. Wolf summarized a recommendation to enter into a Financial Services Agreement with the Wye River Group to conduct a debt affordability study, analyze utility systems financing, and analyze debt financing alternatives for capital projects including the potential installation of a broadband infrastructure. Ms. Wolf asked for Council to authorize the Mayor to negotiate and execute an agreement with Wye River Group for financial services. Dr. Wack questioned the amount for the services being stated. Ms. Wolf replied that this is a draft proposal and still needs to finalize discussions, but will be completed in the proposal. Dr. Wack questioned if it will be brought back to Council. Ms. Wolf replied that it will not come back to Council; Mayor Utz will finish the negotiations and then proceed forward with the agreement. Mr. Chiavacci asked what funds are available in the FY2014 budget. Ms. Wolf replied there is money budgeted for consultants in both General Government funding and the Finance department. Ms. Wolf questioned if Council would like to approve a maximum amount not to exceed. Dr. Wack agreed with Ms. Wolf that an amount to not exceed needed to be added to the agreement. Mr. Chiavacci questioned if there is anyone within City of Westminster that can provide this service without hiring a financial advisor. Ms. Wolf replied that there needs to be a specialized firm because bonding is a specific field. She reminded Council that the City has previously hired bond counseling. Ms. Wolf explained that the Finance Department could provide this service, but would then spend most of their time on just bonds. Dr. Wack questioned the two subtotals were two separate numbers. Ms. Wolf replied that when adding the amounts together the total amount would be $41,000 which would be the maximum amount the City would spend. Mayor Utz explained that staff has heard from Council that there is a lot of projects that the City needs to do. City Staff felt that the City would need a professional opinion in how to pay for these projects. Mr. Frazier commented that he feels that $41,000 is a lot of money to pay a financial advisor for recommendations on how to fund projects. Mayor Utz questioned if Council was prepared to hire additional staff to do the extra work. Dr. Wack expressed concern about what Council is approving and feels that the amount is a large range. He would like to see if the City could get more details before approving. Ms. Wolf explained that there are many different ways of bonding, different placements in the market as well as different types of bonds. Ms. Levan agreed with Ms. Wolf that there are specialized people who do the details of bond work. Ms. Levan commented that she does not have the expertise to give comprehensive evaluation of financing alternatives. Mr. Frazier inquired the difference when negotiating the bonds and saved money like the City has done previously with another bond. Ms. Wolf replied that the bond that he is referring to was for an infrastructure program and it contained restrictions on the time for refinancing. Dr. Wack questioned the elements that needed to be refined for further negotiation. Ms. Wolf replied that it will depend on the time frame and the qualifications of staff needed on the project. Dr. Wack asked that the firm tighten the range in the amount that they provide. Council agreed to defer the approval of Financial Services Agreement until next meeting. DEPARTMENTAL REPORTS: Mr. Glass reported that the annual road pavement project will begin on October 21 st at the Wakefield Valley area on Congressional Drive until weather conditions halt work. He also reported that 55% of the window replacement has been completed in the Armory. The Ramp project is 77% complete and expected to be completed before first week of November or within that week. Ms. Gruber thanked the Police Department and the Streets Department for their assistance in the Fallfest events. She complimented the way the entire City worked together to make Fallfest successful. She reported that charity interviews on October 14 have been completed and the announcement will be made during the Mayor and Common Council meeting in December 2013. Ms. Gruber shared that there are 31 local businesses entered in the Scarecrow contest and materials have been delivered. Votes will be finalized and awards will be presented on the day of the Halloween parade and trick or treating for downtown businesses on October 29th. Ms. Gruber also shared that they are currently talking to two sponsors for Miracle on Main Street and are looking to find funding for the awards for the parade participants, as well as material and supplies for Santa’s Treat. Ms. Gruber reported that one hundred initiations have been sent out for floats in the Miracle on Main Street Parade. Chief Spaulding thanked Mayor and Council for their time and consideration for the LPR. He also reported that Shop with a Cop will be held on December 7th at Wal-Mart at 8 am and encouraged the Mayor and Council to come and participate in the event. CITIZEN COMMENTS: Martin K.P. Hill expressed his gratitude for the allowance of water from the City for the next 32 lots of his development. He also shared that there are approved projects on the way that will also need water allocations. ADJOURNMENT: President Wack adjourned the meeting at 8:47 PM. Respectfully Submitted, Shannon Visocsky