Mayor & Common Council Meetings

AMENDED AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, December 11, 2023, at 7:00 pm City Hall, 1838 Emerald Hill Lane, Westminster, MD 21157 City YouTube Channel Link 1. CALL TO ORDER 2. PRESENTATIONS A) Proclamation – Brooke Hagerty, Dedicated Farmers’ Market Manager – Mayor Becker B) Presentation of FallFest Charity Partner Checks – Mayor Becker C) Presentation of Miracle on Main Street Holiday Electric Parade Winners – Mayor Becker D) Presentation of the Veteran’s Day Pickleball Classic Charity Partnership Check – Mayor Becker E) Mayor’s Cup Storefront and Holiday Window Decorating Contest Winners – Mayor Becker 3. APPROVAL OF MINUTES A) Special Mayor and Common Council Meeting Minutes of November 20, 2023 B) Mayor and Common Council Closed Meeting Minutes of November 20, 2023 C) Mayor and Common Council Meeting Minutes of November 27, 2023 4. CONSENT CALENDAR A) Approval of Good Cause Waiver 23-03, additional water and sewer allocation for an accessory dwelling unit located in the existing single-family detached residential dwelling unit located at 152 Bond Street, Westminster, MD (SDAT # 07-020473) B) Approval of Good Cause Waiver 23-09, additional water and sewer allocation for one single- family detached dwelling unit at Lots 35, 37, 39 and 41 of the Buckingham View subdivision (P.B. 2 PG. 15) along Oak Avenue, Westminster, MD (SDAT# 07-022190) 5. REPORT FROM THE MAYOR 6. REPORTS FROM COMMITTEES A) Arts Council B) Economic and Community Development Committee C) Finance Committee D) Personnel Committee E) Public Safety Committee  F) Public Works Committee G) Recreation and Parks Committee H) Technology Committee 7. COUNCIL COMMENTS AND DISCUSSION 8. ORDINANCES AND RESOLUTIONS A) Adoption of Resolution 23-12, a Resolution of the Mayor and Common Council of Westminster, amending the adopted Water and Sewer Allocation Policy – Director of Community Planning and Development Depo 9. UNFINISHED BUSINESS 10. NEW BUSINESS A) Approving of an Annexation Agreement with High Falcon Realty Corporation for the future annexation of real property located at 1001 Baltimore Boulevard, Westminster Maryland (Tax Map 46, Grid 16, Parcel 0693 and Tax ID 07-027621) consisting of 6.24 ± acres and authorizing the Mayor to sign the Annexation Agreement – Director of Community Planning and Development Depo B) Approval of Police Salary Step Plan – Chief of Police Ledwell 11. DEPARTMENTAL REPORTS 12. CITIZEN COMMENTS 13. ADJOURNMENT  CITY OF WESTMINSTER Special Mayor and Common Council Meeting Monday, November 20, 2023 45 West Main Street, Westminster, MD 21157 CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and Council President Pecoraro. Staff Present: Interim Director of Public Works Dick, City Administrator Imhulse, Wastewater Superintendent Summerhill, and Attorney Whitworth. Council President Pecoraro opened the Special Mayor and Common Council Meeting at 4:00 p.m. Motion to go into Closed Meeting Motion: A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to adjourn into a Closed Meeting, in accordance with the General Provisions Article of the Annotated Code of Maryland, §3-305 (b)(8) to consult with staff, consultant, or other individuals about pending or potential litigation. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Council President Pecoraro advised that the Mayor and Common Council would not be returning to an open session. ADJOURNMENT TO CLOSED MEETING Council President Pecoraro without objection from the Common Council adjourned into the Closed Meeting at 4:02 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Adopted by the City of Westminster Common Council on ______________________________.  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting November 27, 2023, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Mayor Becker, Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, Councilmember Hoff, and Council President Pecoraro. Staff Present: City Clerk Barber, Director of Housing Services Brown, Director of Community Planning and Development Depo, Interim Director of Public Works Dick, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Levan, and Director of Information Technology Moore PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Council President Pecoraro led the Pledge of Allegiance and a moment of silence. STATEMENT FOR THE RECORD – CLOSED MEETING OF MONDAY, NOVEMBER 20, 2023: In accordance with the General Provisions Article, Section 3-306(c)(2) of the Annotated Code of Maryland, and without objection it is noted that the minutes of tonight’s meeting reflect that Common Council met in a Closed Meeting on Monday, November 20, 2023, at 4:00 p.m. pursuant to General Provision Art., Section 3-305) (b)(8) to consult with staff, consultant, or other individuals about pending or potential litigation. Motion – Dayhoff/Hoff Vote to Close Meeting: Yes No Abstain Absent Mr. Chiavacci Yes Mr. Dayhoff Yes Mr. Hoff Yes Ms. Gilbert Yes Mr. Pecoraro Mayor Becker The following staff members were in attendance: City Administrator Imhulse, Interim Director of Public Works Dick, Wastewater Superintendent Summerhill, and Attorney Whitworth. The Common Council took no official action during the meeting. The Closed Meeting adjourned at 5:22 p.m. PUBLIC HEARING Mayor Becker conducted a public hearing regarding Ordinance 2023-10, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 23-01 to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Industrial Development Zone as a floating Cannabis Overlay Zone for the establishment of a Cannabis Dispensary beginning at 7:02 p.m. Mayor Becker noted that the Public Hearing had been published in the Carroll County Times, meeting all applicable requirements. Mr. Doug Silverstein, Attorney with Katz Day, LLC addressed the Mayor and Common Council, to thank them, Community Planning and Development Director Depo, City Attorney Levan for 1 this work and responsiveness on the matter. There were no written comments received. With no further comments, Mayor Becker closed the public hearing at 7:05 p.m. APPROVAL OF MINUTES A motion was made by Councilmember Dayhoff and seconded by Councilmember Chiavacci to approve the Mayor and Common Council Meeting Minutes of November 13, 2023. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Gilbert and seconded by Councilmember Dayhoff to approve the Consent Calendar, which consisted of the following: Approval of the October 2023 Departmental Report; Approval of Good Cause Waiver 23-06, additional water and sewer allocation for one single- family detached residential dwelling unit at Lot 56 of the Colvilla Development subdivision (P.B. 3 PG. 125) located on Doris Avenue, Westminster, MD (SDAT # 07-013957); Approval of Good Cause Waivers 23-07 and 23-08, additional water and sewer allocation for two single-family attached residential dwelling units (duplex) with one dwelling unit on Lot 14 (GCW 23-07) and one dwelling unit on Lot 16 (GCW 23-08) of the Buckingham View subdivision (P.B. 2 PG. 15) located on Spruce Avenue, Westminster, MD (SDAT # 07-157304 and SDAT #07-033052, respectively); Approval of Change Order # 4 with GHD in the amount of $510,000 for additional construction management, inspection, and testing services for Westminster ENR project; Approval of Change Order # 15 with GHD in the amount of $270,000 for additional construction phase engineering services for Westminster ENR project; and Approval of Sanitary Sewer and Water Main Deed of Easement Agreement, for the Windy Hill Farm Section 5 Project for Public Works Agreement No. A-1156. VOTE AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. REPORT FROM MAYOR Mayor Becker opened her report by noting her attendance on Thursday, November 16, 2023, at the Governor’s Mansion in Annapolis to attend a reception in celebration of the 30th Anniversary of the National Guard. Mayor Becker noted the many wonderful events forthcoming for the holiday season, as she stopped by many shops in downtown Westminster in support of Small Business Saturday. Mayor Becker closed her report by thanking all those involved in making the Miracle on Main event such a great success. REPORTS FROM COMMITTEES Councilmember Dayhoff, on behalf of the Arts Council, noted the continued work being done by the Arts Council regarding their strategic plan. Councilmember Dayhoff also noted the exciting programing and encouraged everyone to check the Arts Council’s website for additional details. Council President Pecoraro, on behalf of the Finance Committee, noted the committee held a brief meeting to discuss funding for positions. Councilmember Chiavacci, on behalf of the Public Safety Committee, noted that the Westminster Police Department would like to remind citizens to lock their vehicles and to remove valuable from their 2 vehicles when unoccupied. The department continues to experience a significant uptick in stolen vehicles and in thefts from vehicles. Councilmember Chiavacci also noted that the department requested citizens to call the police immediately when they see something suspicious, especially during hours of darkness. Councilmember Chiavacci closed his report providing an update on the five Westminster Police Recruits enrolled in the police academy. Councilmember Gilbert, on behalf of the Public Works Committee, noted and provided an update on the many projects the City of Westminster Department of Public Works staff are currently working on that included the final preparation for the Miracle on Main Event held on Saturday, November 25, 2023. Councilmember Gilbert thanked the Department of Public Works staff for all their hard work. Councilmember Gilbert closed her report by providing an update on the City of Westminster’s Main Street Water Main Replacement Project. Councilmember Gilbert, on behalf of the Recreation and Parks Committee, provided highlights from the Miracle on Main Street/Jingle Bell Run event held on Saturday, November 25, 2023. Councilmember Gilbert closed her comments reminding the residents that you can visit Santa at his house on the library's front lawn on the following Saturday’s: December 2, December 9, December 16, and December 23, from 12:00 Noon until 4:00 p.m., as well as taking a free horse drawn carriage ride through downtown Westminster. Councilmember Dayhoff, on behalf of the Technology Committee, noted the great work of the City’s Technology Department and the many projects planned for the near future. COUNCIL COMMENTS AND DISCUSSION Councilmember Chiavacci thought the Miracle on Main Parade was awesome. Councilmember Dayhoff noted that he had received positive feedback from the residents regarding the City’s Main Street Water Main replacement project. Councilmember Hoff noted that downtown Westminster looks wonderful, all lit up and shows the spirit of the season. Council President Pecoraro noted he was thankful for the Mayor and Common Council as well as the City’s senior staff for all they do for the City. ORDINANCES AND RESOLUTIONS Adoption of Ordinance 2023-10, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 23-01 to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Industrial Development Zone as a floating Cannabis Overlay Zone for the establishment of a Cannabis Dispensary A motion was made by Councilmember Hoff and seconded by Councilmember Chiavacci to adopt Ordinance 2023-10, an Ordinance of the Mayor and Common Council of Westminster, adopting Local Map Amendment LMA 23-01 to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Industrial Development Zone as a floating Cannabis Overlay Zone for the establishment of a Cannabis Dispensary. Director of Community Planning and Development Depo provided the staff report on the item. There was no discussion on the item. VOTE 3 AYES: Councilmember Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. UNFINISHED BUSINESS There was no unfinished business to be discussed by the Mayor and Common Council. NEW BUSINESS There was no new business to be discussed by the Mayor and Common Council. DEPARTMENTAL REPORTS Recreation and Parks Director of Recreation and Parks Gruber provided the highlights from the Miracle on Main Street event held on Saturday, November 25, 2023. Director Gruber reminded everyone that you can visit Santa at his newly renovated house on the library's front lawn on the following Saturday’s: December 2, December 9, December 16, and December 23, from 12:00 Noon until 4:00 p.m., as well as taking a free horse drawn carriage ride through downtown Westminster. Public Works Department Department of Public Works Interim Director Dick provided an update on the City of Westminster Water Main Replacement Project. Technology Services (IT) Director of Technology Services Moore provided an update on the City’s Cyber Security Project. Community Planning and Development Director of Community Planning and Development Depo reported that on November 16, 2023, the Planning and Zoning Commission held a public hearing on Ordinance No. 2023-10, providing a positive recommendation to the Mayor and Common Council regarding the approval of Local Map Amendment LMA 23-01, to designate 700 Corporate Center Court, Suite K and Suite L, located in the P-I Planned Industrial Development Zone as a floating Cannabis Overlay Zone for the establishment of a cannabis dispensary. Director Depo noted that there are no scheduled applications for the Board of Zoning Appeals Board or the Historic District Commission so they will not be holding their meetings in December. Director Depo closed his report by noting that the City of Westminster was awarded $30,000 for our non-Capital Grant application through the Maryland Historical Trust for the update to the Historic inventory of the Westminster Historic District. Housing Services Director of Housing Services Brown provided an update on the assistance program application list, currently standing at 900. Director Brown advised that the list will be close at midnight on December 7, 2023. Westminster Police Department (WPD) Chief of Police Ledwell reported that the City of Westminster Police Department is currently completing the FY25 State Aid Grant Application for police protection. 4 CITIZEN COMMENTS Council President Pecoraro advised that residents may submit any comments to the following email address: comments@westminstermd.gov. He noted that all emails received would be shared with the Mayor and Common Council. There was no one wishing to address the Common Council. ADJOURNMENT Council President Pecoraro announced that the next meeting of the Mayor and Common Council would be on Monday, December 11, 2023, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 7:43 p.m. Respectfully Submitted, Douglass A. Barber, MMC City Clerk Full audio version is available on www.westminstermd.gov Adopted by the City of Westminster Common Council on ___________________________. 5  Consent Agenda - Good Cause Waiver To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Cc: Sara Imhulse, City Administrator Andrea Gerhard, Comprehensive Planner Elissa Levan, City Attorney Date: December 11, 2023 Subject: Good Cause Waiver 23-03, additional water and sewer allocation for an accessory dwelling unit located in the existing single-family detached residential dwelling unit located at 152 Bond Street, Westminster, MD (SDAT # 07-020473). REQUEST The Department of Community Planning and Development (DCPD) is requesting the City of Westminster Mayor and Common Council approve Good Cause Waiver 23-03 for an accessory dwelling unit located in the existing single-family detached dwelling unit at 152 Bond Street, Westminster, MD (the “Property”). BACKGROUND On September 22, 2022, Tyler McQuay, property owner, submitted a Good Cause Waiver Application for an existing single-family detached dwelling unit at 152 Bond Street. [Attachment 1] The Property is 17,424 square feet in area and zoned R-10,000 Residential District in Carroll County. As the Property is located outside City of Westminster limits but inside the water and sewer service area and is not currently contiguous to the City and therefore not eligible for annexation under State law, a Good Cause Waiver may be requested pursuant to the Water and Sewer Allocation Policy. The request for water and sewer allocation is for an accessory dwelling unit in the basement of the existing single family detached dwelling unit at the Property. It should be noted that the approval of a Good Cause Waiver does not allocate water or sewer to the Property. An approved Good Cause Waiver allows the Director of Community Planning and Development to tentatively allocate available water/sewer from the Water and Sewer Allocation Policy Master Distribution Chart as part of the Water and Sewer Allocation Application (WSA) process. Water Allocation is distributed on a first come, first served basis. However, on August 28, 2023 the Mayor and Common Council approved an updated 2023-2025 Master Distribution Chart that includes 19,504 gpd for certain existing water allocation applications. The proposed accessory dwelling unit was part of that list as WSA-22-75 and therefore allocation is available. [Attachment 2]  = Property PROCESS On August 12, 2002, the Mayor and Common Council passed and approved Resolution No. 02-6, which established the regulations for review and approval of Good Cause Waivers. The adopted regulations require the Mayor and Common Council to consider the Good Cause Waiver application, all relevant materials, and good cause criteria in order to make a decision on the application. In accordance with the Good Cause Waiver provisions adopted by The Mayor and Common Council on August 12, 2002, via Resolution No. R02-6, the application was reviewed using the following adopted regulations addressing eligibility of service and good cause criteria: Eligibility of Service The subject properties are located in the W-1 and S-1 existing service areas and is eligible for service. Good Cause Criteria (1) The size of the properties. The Property, a single parcel, is 17,424 square feet according to the Maryland Department of Assessments and Taxation (SDAT). Mayor and City Council Good Cause Waiver 23-03 December 11, 2023 Page 2 Good (2)Cause The Waiver zoning of the properties. Carroll County has designated the Property as R-10,000 Residential District. (3) Whether the properties can be subdivided. The Property cannot be subdivided. (4) The nature and extent of the service required. The Property is already connected to water and sewer. (5) The proposed use for the properties. The Property is improved with a single-family detached dwelling unit. (6) The properties’ distance from the City boundary. The Property is located approximately 1,440 feet west of the City boundary. (7) Whether the proposed development of the properties is consistent with the Comprehensive Plan for the area? The 2007 Westminster Environs Community Comprehensive Plan designates the properties as Suburban Residential. This land use designation allows for four units per acre and for a variety of housing types. (8) Whether granting the waiver would advance the principal and goals of Smart Growth. The City of Westminster Comprehensive Plan lists ten Smart Growth Principals that provide guidance for new development, infill development and redevelopment. Two principles relate to this request specifically. Number 3, “Create housing opportunity and choices,” and Number 7, “Strengthen and direct development toward already existing communities.” (9) Whether granting the waiver would increase sources of water for the City’s water supply system. Granting the proposed waiver will not increase the source of water for the water supply system. (10) Individual considerations relating to the specific properties. This is an increase of water to an already connected building. (11) Whether the properties can meet the legal test for annexation. The Property does not meet the legal test for annexation because the properties are not contiguous to the City boundary. (12) Whether the Applicant has filed or has agreed to file a Petition for Annexation. The applicant has submitted an Irrevocable Consent to Annexation for signature by the Mayor. Pursuant to the Irrevocable Consent to Annexation, the property owner agrees to annex if/when the Property becomes contiguous to the City boundary. [Attachment 3] (13) The need for capital expenditures to provide service to the properties. The Property and the existing single family detached dwelling is already connected to public facilities. Mayor and City Council Good Cause Waiver 23-03 December 11, 2023 Page 3 (14) The effect upon the need for the issuance of bonds to serve the properties. The infrastructure is already in place. No bonding is necessary. (15) Whether granting the waiver would be consistent with the City's Drought Management Plan. The waiver is consistent with the City’s Drought Management Plan because it was implemented under the updated Water and Sewer Allocation Plan, which is designed in part to prevent the overallocation and water and sewer resources that could allow recurrence of a situation in which the City has insufficient water to provide for the basic daily needs of residents and businesses in the event of a drought. (16) The necessity for additional infrastructure. The infrastructure is already in place. (17) Whether the properties are currently developed. The Property is improved with a single-family detached dwelling unit. (18) Whether a public health or safety problem currently exists due to failing systems or contamination. There are no known public health or safety problems that currently exist at this property. (19) Whether the properties would be utilized as a school or other public facilities. The Property is used for residential purposes. (20) Whether the properties would be used as a church, hospital, medical or other non-profit facility. The Property is used for residential purposes. (21) Whether the project would be a major industrial and/or commercial project. The Property is used for residential purposes. (22) The length of time development has been pending. On September 22, 2022, Tyler McQuay, the property owner, submitted a Water and Sewer Allocation Application for additional water for an Accessory Dwelling unit in the basement of 152 Bond Street. He was ready at that time to move forward with an application for Good Cause Waiver however, this was during a time when the City was operating under the 2018-2024 Water and Sewer Allocation Policy and there was minimal water available for new residential units outside the City. On August 28, 2023 the Mayor and Common Council approved an updated 2023-2025 Master Distribution Chart that includes 19,504 gpd for certain existing water allocation applications. (23) Whether the properties is within an area or subdivision in which service already exists. The Property and the existing single family detached dwelling is already connected to public facilities. (24) Whether all of the properties will be served by public utilities. The Property and the existing single family detached dwelling is already connected to public facilities. Mayor and City Council Good Cause Waiver 23-03 December 11, 2023 Page 4  (25) Whether the provision of service would result in major operational problems, supply interruption, Good Cause Waiver or other detriment to the City's water supply and sewerage resources. Provision of water and/or sewer service is not anticipated to result in major operational problems, supply interruption or other detriment to the City’s water supply and sewerage resources. (26) The effect of development upon transportation. The Property and currently developed with a single-family detached dwelling. There would be no impact upon transportation. (27) Recommendation of the Director. The Director of Community Planning & Development recommends for approval of the Good Cause Waiver 23-03. (28) Any other factor deemed to be relevant by The Mayor and Common Council in considering the waiver application. Staff is unaware of any other factors deemed to be relevant in considering the application other than what can be found within the staff report. If the Mayor and Common Council approves the Good Cause Waiver 23-03 application, the Mayor and Director of Community Planning and Development must sign the Good Cause Waiver Decision, located on the Good Cause Waiver Application, and the Mayor must sign the Irrevocable Consent to Annexation [Attachment 3]. RECOMMENDATION Staff recommends the Mayor and Common Council approve Good Cause Waiver 23-03 for an accessory dwelling unit located in the existing single-family detached residential dwelling unit located at 152 Bond Street. ATTACHMENTS 1. Application for Good Cause Waiver 2. Water and Sewer Allocation Application 3. Irrevocable Consent to Annexation Mayor and City Council Good Cause Waiver 23-03 December 11, 2023 Page 5 75  Consent Agenda - Good Cause Waiver To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Cc: Sara Imhulse, City Administrator Andrea Gerhard, Comprehensive Planner Elissa Levan, City Attorney Date: December 11, 2023 Subject: Good Cause Waiver 23-09, additional water and sewer allocation for one single- family detached dwelling unit at Lots 35, 37, 39 and 41 of the Buckingham View subdivision (P.B. 2 PG. 15) along Oak Avenue, Westminster, MD (SDAT# 07-022190) REQUEST The Department of Community Planning and Development (DCPD) is requesting the City of Westminster Mayor and Common Council approve Good Cause Waiver 23-01 for Lots 35/37/39/41 of the Buckingham View subdivision along Oak Avenue Westminster, MD (the “Property”). BACKGROUND On October 26, 2023, Brooks Hoffman, property owner, submitted a Good Cause Waiver Application GCW-23-09 for one single-family detached dwelling unit at Lots 35, 37, 39 and 41 of the Buckingham View subdivision along Oak Avenue Westminster, MD. [Attachment 1] The Property is 10,000 square feet in area and zoned R-10,000 Residential District in Carroll County. As the Property is located outside City of Westminster limits but inside the water and sewer service area and is not currently contiguous to the City and therefore not eligible for annexation under State law, a Good Cause Waiver may be requested pursuant to the Water and Sewer Allocation Policy. The request for water and sewer allocation is to construct one single-family detached dwelling unit on the property. Building permit R0-23-241 has been received by the City to construct a single-family detached dwelling unit on the property. It should be noted that the approval of a Good Cause Waiver does not allocate water or sewer to the Property. An approved Good Cause Waiver allows the Director of Community Planning and Development to tentatively allocate available water/sewer from the Water and Sewer Allocation Policy Master Distribution Chart as part of the Water and Sewer Allocation Application (WSA) process. Water Allocation is distributed on a first come, first served basis. A Water and Sewer Allocation Application WSA-23-53 has been submitted for the project. [Attachment 2]  = Property PROCESS On August 12, 2002, the Mayor and Common Council passed and approved Resolution No. 02-6, which established the regulations for review and approval of Good Cause Waivers. The adopted regulations require the Mayor and Common Council to consider the Good Cause Waiver application, all relevant materials, and good cause criteria in order to make a decision on the application. In accordance with the Good Cause Waiver provisions adopted by The Mayor and Common Council on August 12, 2002, via Resolution No. R02-6, the application was reviewed using the following adopted regulations addressing eligibility of service and good cause criteria: Eligibility of Service The subject properties are located in the W-1 and S-1 existing service areas and is eligible for service. Good Cause Criteria (1) The size of the properties. The Property, a single parcel, is 10,000 square feet according to the Maryland Department of Assessments and Taxation (SDAT). (2) The zoning of the properties. Carroll County has designated the Property as R-10,000 Residential District. Mayor and City Council Good Cause Waiver 23-09 December 11, 2023 Page 2  (3) Whether the properties can be subdivided. This Property is part of the Buckingham View Good Cause Waiver (P.B. 2 PG. 15) and cannot be further subdivided. Subdivision (4) The nature and extent of the service required. Water and sewer lines are located within the Oak Avenue right-of-way in front of the Property. (5) The proposed use for the properties. The Property is currently unimproved. The applicant intends to develop the parcel with a single-family detached dwelling unit. (6) The properties’ distance from the City boundary. The Property is located approximately 516 feet from the City boundary. (7) Whether the proposed development of the properties is consistent with the Comprehensive Plan for the area? The 2007 Westminster Environs Community Comprehensive Plan designates the properties as Suburban Residential. This land use designation allows for four units per acre and for a variety of housing types. (8) Whether granting the waiver would advance the principal and goals of Smart Growth. The City of Westminster Comprehensive Plan lists ten Smart Growth Principals that provide guidance for new development, infill development and redevelopment. Two principles relate to this request specifically. Number 3, “Create housing opportunity and choices,” and Number 7, “Strengthen and direct development toward already existing communities.” In addition, providing services for new residential development on existing platted lots located within a growth area advances the principles and overall goals of Smart Growth. (9) Whether granting the waiver would increase sources of water for the City’s water supply system. Granting the proposed waiver will not increase the source of water for the water supply system. (10) Individual considerations relating to the specific properties. The Property and proposed development is consistent with other residential properties in the Buckingham View Subdivision. The applicant is not requesting any additional consideration for the development of the Property. (11) Whether the properties can meet the legal test for annexation. The Property does not meet the legal test for annexation because the properties are not contiguous to the City boundary. (12) Whether the Applicant has filed or has agreed to file a Petition for Annexation. The applicant has submitted an Irrevocable Consent to Annexation for signature by the Mayor. Pursuant to the Irrevocable Consent to Annexation, the property owner agrees to annex if/when the Property becomes contiguous to the City boundary. [Attachment 3] Mayor and City Council Good Cause Waiver 23-09 December 11, 2023 Page 3 (13) The need for capital expenditures to provide service to the properties. Water and sewer lines run in front of the Property along Oak Avenue. No capital expenditure is needed. (14) The effect upon the need for the issuance of bonds to serve the properties. The Property would be developed under Carroll County regulations. Bonding would be required by the City for those infrastructure items required to connect to the City water system and City sewer system. (15) Whether granting the waiver would be consistent with the City's Drought Management Plan. The waiver is consistent with the City’s Drought Management Plan because it was implemented under the updated Water and Sewer Allocation Plan, which is designed in part to prevent the overallocation and water and sewer resources that could allow recurrence of a situation in which the City has insufficient water to provide for the basic daily needs of residents and businesses in the event of a drought. (16) The necessity for additional infrastructure. Upon connection to City water and sewer systems, the applicant must pay benefit assessment fees and other relevant fees, which support overall costs incurred by the City for storage, processing, and distribution systems. (17) Whether the properties are currently developed. The Property is currently undeveloped. (18) Whether a public health or safety problem currently exists due to failing systems or contamination. There are no known public health or safety problems that currently exist on this vacant Property. (19) Whether the properties would be utilized as a school or other public facilities. The Property is to be used for residential purposes. (20) Whether the properties would be used as a church, hospital, medical or other non-profit facility. The proposed use is a single-family detached dwelling unit. (21) Whether the project would be a major industrial and/or commercial project. The proposed use is a single-family detached dwelling unit. (22) The length of time development has been pending. The property owner submitted their application and Irrevocable Consent to Annexation on October 26, 2023. (23) Whether the properties is within an area or subdivision in which service already exists. The Property is within an area where water and sewer service already exist; however, it appears not all properties within the Buckingham View subdivision are connected to the City’s systems. (24) Whether all of the properties will be served by public utilities. The Property will be served by public utilities (water and sewer). Mayor and City Council Good Cause Waiver 23-09 December 11, 2023 Page 4  (25) Whether the provision of service would result in major operational problems, supply interruption, Good Cause Waiver or other detriment to the City's water supply and sewerage resources. Provision of water and/or sewer service is not anticipated to result in major operational problems, supply interruption or other detriment to the City’s water supply and sewerage resources. (26) The effect of development upon transportation. The Buckingham View Subdivision has already obtained Carroll County approval for residential development and a majority of the subdivision is developed. However, Carroll County would review any proposal for transportation-related issues at its discretion since the Property is served by County roads. (27) Recommendation of the Director. The Director of Community Planning & Development recommends for approval of the Good Cause Waiver 23-09. (28) Any other factor deemed to be relevant by The Mayor and Common Council in considering the waiver application. Staff is unaware of any other factors deemed to be relevant in considering the application other than what can be found within the staff report. If the Mayor and Common Council approve Good Cause Waiver 23-09 application, the Mayor and Director of Community Planning and Development must sign the Good Cause Waiver Decision, located on the Good Cause Waiver Application, and the Mayor must sign the Irrevocable Consent to Annexation [Attachment 3]. RECOMMENDATION Staff recommends the Mayor and Common Council approve Good Cause Waiver 23-09 for a single-family detached dwelling unit on Lots 35/37/39/41 of the Buckingham View subdivision along Oak Avenue, Westminster, MD. ATTACHMENTS 1. Application for Good Cause Waiver 2. Water and Sewer Allocation Application 3. Irrevocable Consent to Annexation Mayor and City Council Good Cause Waiver 23-09 December 11, 2023 Page 5 Resolution 23-12 M&CC Staff Memo To: Mayor and Common Council From: Mark A. Depo, Director Community Planning and Development Meeting Date: December 11, 2023 Re: Resolution 23-12, Water and Sewer Allocation Policy, a Resolution of the Mayor and Common Council of Westminster, amending the adopted Water and Sewer Allocation Policy. The Department of Community Planning and Development (DCPD) is seeking Mayor and Common Council approval to amend the adopted Water and Sewer Allocation Policy (“the Allocation Policy”). [Attachment 1] BACKGROUND City Code Chapter 124 “Sewers and Sewage”, Article V, “Allocations and Extensions”, Section 124- 22, “Allocation Plan” and Chapter 160, “Water”, Article I, “Potable Water”, Section 160-14, “Allocation policy” authorizes the Mayor and Common Council to establish a water and sewer allocation policy by resolution. On March 26, 2018, the Mayor and Common Council passed and approved Resolution No. 18-04, adopting a new 2018-2024 Water and Sewer Allocation Policy and accompanying Master Distribution Chart. As part of the 2018 adopted policy, ongoing monitoring, regular reviews, and amendments were anticipated. Over the years there have been seven amendments to the Allocation Policy and Master Distribution Chart though the approval of a Resolution by Mayor and Common Council (Resolution 18-08, 19-05, 19-16, 19-18, 20-06, and 21-05). The most recent amendment, Resolution 23-10, was approved by the Mayor and Common Council on August 28, 2023 amending the adopted 2018-2024 Water and Sewer Allocation Policy and accompanying Master Distribution Chart. ALLOCATION POLICY AMENDMENT City Administration and DCPD met with the Mayor and the Common Council’s Economic and Community Development Committee (ECDC) at its December 6, 2023 meeting to discuss an amendment to the Allocation Policy. Currently, Allocation Policy Section I, Water Allocations, Subsection D, Annexation, requires the owner of property located outside the corporate limits of the City, but inside the water service area, that is eligible for annexation under State law who desires to connect to the City’s public water system or requires additional water allocation to annex the property into the City to be eligible for water allocation. The amendment to the Allocation Policy would allow for a such annexation eligible property to be granted additional water allocation for a use deemed necessary and beneficial to the community without annexing the property into the City. The ECDC supported allowing such annexation eligible property to be granted additional water allocation for a use deemed necessary and beneficial to the community without annexing the property into the City. RECOMMENDATION DCPD recommends the Mayor and Common Council approve Resolution No. 23-12, amending the adopted Water and Sewer Allocation Policy Section I, Water Allocations, Subsection D, Annexation, as outlined above in the December 11, 2023 report and provided in Attachment 1 of the report. ATTACHMENT 1. Resolution 23-12 cc: Sara Imhulse, City Administrator Elissa D. Levan, City Attorney Mayor and Common Council Resolution No. 23-13, Adoption December 11, 2023 Page 2  RESOLUTION 23-12 OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER, AMENDING THE ADOPTED WATER AND SEWER ALLOCATION POLICY WHEREAS, the Mayor and Common Council of Westminster (“the City”) owns and operates two water supply systems serving the City and the surrounding portions of Carroll County, Maryland; and WHEREAS, the City has from time-to-time experienced drought conditions that have adversely affected the availability of the City’s water supply and the City has taken significant steps to improve its water system capacity, including working with the Maryland Department of the Environment (“MDE”) to bridge the gap between its water supply and demand during drought conditions; and WHEREAS, pursuant to the authority contained in §160-14 and §124-22 of the Westminster City Code, the Common Council adopted, and the Mayor approved, the current Water and Sewer Allocation Policy and accompanying Master Distribution Chart via Resolution R-18- 04; and WHEREAS, the adopted Water and Sewer Allocation Policy contemplates revision of the Policy and the Master Distribution Chart from time to time by the Mayor and the Common Council and, it has been amended by Resolutions R-18-08, 19-05, 19-16, 19-18, 20-06, 21-05, and 23-10; and WHEREAS, the City Water and Sewer Allocations Policy, Section I “Water Allocations,” subsection D “Annexations” requires that the owners of property located outside the corporate limits of the City, but inside the water service area, that are eligible for annexation under State law who desires to connect to the City’s public water system or require additional allocation be annexed into the City to be eligible to apply for water allocation; and  WHEREAS, there are times when owners of property located in Carroll County, but outside the City of Westminster, require either connection to the City’s public water system or an additional water allocation for a use deemed necessary and beneficial to the community, for which annexation into the City would not be desirable; and WHEREAS, the Mayor and Common Council wish to address this situation by amending the Water and Sewer Allocation Policy, Section I.D to authorize the Mayor and Common Council to approve a request to provide water for such uses without requiring annexation of the property. Section 1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council that the “City of Westminster Water and Sewer Allocations Policy,” Section I “Water Allocations,” Subsection D “Annexation” is hereby amended to read as follows: I. Water Allocations * * * D. Annexations Per the joint policy of the City and Carroll County, set forth in the Carroll County Water and Sewer Master Plan, owners of property located outside the City limits but inside the water service area that are eligible for annexation under State law who desire to connect to the City’s public water system or require additional allocation must be annexed into the City to be eligible to apply for water allocation, UNLESS AUTHORIZED BY THE MAYOR AND COMMON IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE *** Asterisks: Indicate language in the City’s Water and Sewer Allocation Policy that remains unchanged and that is not set forth in the Resolution. SMALL CAPS: Indicate language that is being added to the City’s Water and Sewer Allocation Policy. Strikethrough: Indicates language to be deleted from the City’s Water and Sewer Allocation Policy. 2  DESIGNATED STANDING COMMITTEE OF THE MAYOR AND COMMON COUNCIL KNOWN AS THE WATER AND SEWER ALLOCATION COMMITTEE. Section 2. BE IT FURTHER RESOLVED by the Mayor and Common Council that this Resolution shall take effect upon adoption BE IT FURTHER RESOLVED THAT THIS RESOLUTION shall take effect on _______________ ____, 2023. ADOPTED this ____ day of ______________, 2023 __________________________________________ Douglass A. Barber, City Clerk APPROVED this ___ day of ______________, 2023 __________________________________________ Dr. Mona Becker, Mayor APPROVED AS TO FORM AND SUFFICIENCY this _____ day of _____________________, 2023. ___________________________ Elissa D. Levan, City Attorney *** Asterisks: Indicate language in the City’s Water and Sewer Allocation Policy that remains unchanged and that is not set forth in the Resolution. SMALL CAPS: Indicate language that is being added to the City’s Water and Sewer Allocation Policy. Strikethrough: Indicates language to be deleted from the City’s Water and Sewer Allocation Policy. 3 Police Salary Step Plan Adjustment To: Mayor and Common Council From: Thomas Ledwell, Chief of Police Date: December 8, 2023 Re: Approval – Police Pay Scale Adjustment Background In FY22, staff proposed implementation of a salary step system for sworn police officers between the ranks of police officer and captain in order to remain competitive within the local police officer staffing market. The initial step plan was extremely helpful and corrected existing salary compression issues. However, the department continues to face hiring challenges and exceedingly high recruitment and training costs. Further, with the current police officer applicant shortage, our neighboring agencies have implemented salary step plans that have made it more difficult for our department to remain competitive. Department vacancies have led to mandatory holdovers and overtime assignments that may lead to long-term fatigue and may exacerbate the matter. Staff proposes an adjustment to our current salary step plan in order to promote employee retention, encourage robust recruitment, and ensure that the department remains competitive. Funding Funding for these changes will be absorbed in the FY24 operating budget for the police department, in part by decreasing the number of full-time equivalent (FTE) sworn officers from 45 to 42. Recommendation Staff recommends approval of the Westminster Police Department Salary Step Plan. Attachments • Westminster Police Department Salary Step Plan cc: Sara Imhulse, City Administrator Theresa Rodgers, Finance Director  Westminster Police Department Salary Step Plan Lateral-0 Lateral-1 Lateral-2 Lateral-3 Lateral-4 Lateral-5+ Steps 1 2 3 4 5 6 7 8 9 `10 11 12 13 14 15 16 17 18 19 20 21 22 Years of Service 0-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22-25+ Rank Grade Officer 113 $ 62,000 $ 63,860 $ 65,776 $ 67,749 $ 69,782 $ 71,875 $ 74,031 $ 76,252 $ 78,540 $ 80,896 $ 83,323 $ 84,989 $ 86,689 $ 88,423 $ 90,191 $ 91,995 $ 93,835 $ 95,712 $ 97,626 $ 99,578 $ 101,570 $ 103,601 $ 105,673 Corporal 115 $ 69,065 $ 71,137 $ 73,271 $ 75,469 $ 77,733 $ 80,065 $ 82,467 $ 84,941 $ 87,489 $ 89,239 $ 91,024 $ 92,844 $ 94,701 $ 96,595 $ 98,527 $ 100,497 $ 102,507 $ 104,557 $ 106,649 $ 108,782 $ 110,957 Sergeant 116 $ 74,693 $ 76,934 $ 79,242 $ 81,619 $ 84,068 $ 86,590 $ 89,188 $ 91,863 $ 93,701 $ 95,575 $ 97,486 $ 99,436 $ 101,425 $ 103,453 $ 105,522 $ 107,633 $ 109,785 $ 111,981 $ 114,221 $ 116,505 Lieutenant 117 $ 80,781 $ 83,204 $ 85,700 $ 88,271 $ 90,920 $ 93,647 $ 96,457 $ 98,386 $ 100,353 $ 102,360 $ 104,408 $ 106,496 $ 108,626 $ 110,798 $ 113,014 $ 115,275 $ 117,580 $ 119,932 $ 122,330 Captain 119 $ 87,365 $ 89,985 $ 92,685 $ 95,466 $ 98,330 $ 101,279 $ 103,305 $ 105,371 $ 107,479 $ 109,628 $ 111,821 $ 114,057 $ 116,338 $ 118,665 $ 121,038 $ 123,459 $ 125,928 $ 128,447 Hourly Rate Lateral-0 Lateral-1 Lateral-2 Lateral-3 Lateral-4 Lateral-5+ Steps 1 2 3 4 5 6 7 8 9 `10 11 12 13 14 15 16 17 18 19 20 21 22 Years of Service 0-1 1 2 3 4 5 6 7 10 15 20 22 12 13 14 15 16 17 18 19 20 21 22-25+ Rank Grade Officer 113 $ 29.8077 $ 30.7019 $ 31.6230 $ 32.5717 $ 33.5488 $ 34.5553 $ 35.5919 $ 36.6597 $ 37.7595 $ 38.8923 $ 40.0590 $ 40.8602 $ 41.6774 $ 42.5110 $ 43.3612 $ 44.2284 $ 45.1130 $ 46.0153 $ 46.9356 $ 47.8743 $ 48.8318 $ 49.8084 $ 50.8046 Corporal 115 $ 33.2041 $ 34.2003 $ 35.2263 $ 36.2830 $ 37.3715 $ 38.4927 $ 39.6475 $ 40.8369 $ 42.0620 $ 42.9032 $ 43.7613 $ 44.6365 $ 45.5293 $ 46.4398 $ 47.3686 $ 48.3160 $ 49.2823 $ 50.2680 $ 51.2733 $ 52.2988 $ 53.3448 Sergeant 116 $ 35.9103 $ 36.9876 $ 38.0972 $ 39.2401 $ 40.4173 $ 41.6298 $ 42.8787 $ 44.1651 $ 45.0484 $ 45.9494 $ 46.8684 $ 47.8057 $ 48.7618 $ 49.7371 $ 50.7318 $ 51.7465 $ 52.7814 $ 53.8370 $ 54.9137 $ 56.0120 Lieutenant 117 $ 38.8370 $ 40.0021 $ 41.2021 $ 42.4382 $ 43.7113 $ 45.0227 $ 46.3734 $ 47.3008 $ 48.2468 $ 49.2118 $ 50.1960 $ 51.1999 $ 52.2239 $ 53.2684 $ 54.3338 $ 55.4204 $ 56.5289 $ 57.6594 $ 58.8126 Captain 119 $ 42.0022 $ 43.2622 $ 44.5601 $ 45.8969 $ 47.2738 $ 48.6920 $ 49.6659 $ 50.6592 $ 51.6724 $ 52.7058 $ 53.7599 $ 54.8351 $ 55.9318 $ 57.0505 $ 58.1915 $ 59.3553 $ 60.5424 $ 61.7533 CIB - 3% Steps 1 2 3 4 5 6 7 8 9 `10 11 12 13 14 15 16 17 18 19 20 21 22 Years of Service 0-1 1 2 3 4 5 6 7 10 15 20 22 12 13 14 15 16 17 18 19 20 21 22-25+ Rank Grade Officer 113 $ 63,860 $ 65,776 $ 67,749 $ 69,782 $ 71,875 $ 74,031 $ 76,252 $ 78,540 $ 80,896 $ 83,323 $ 85,822 $ 87,539 $ 89,290 $ 91,076 $ 92,897 $ 94,755 $ 96,650 $ 98,583 $ 100,555 $ 102,566 $ 104,617 $ 106,709 $ 108,844 Corporal 115 $ 71,137 $ 73,271 $ 75,469 $ 77,733 $ 80,065 $ 82,467 $ 84,941 $ 87,489 $ 90,114 $ 91,916 $ 93,754 $ 95,629 $ 97,542 $ 99,493 $ 101,483 $ 103,512 $ 105,582 $ 107,694 $ 109,848 $ 112,045 $ 114,286 Sergeant 116 $ 76,934 $ 79,242 $ 81,619 $ 84,068 $ 86,590 $ 89,188 $ 91,863 $ 94,619 $ 96,512 $ 98,442 $ 100,411 $ 102,419 $ 104,467 $ 106,557 $ 108,688 $ 110,862 $ 113,079 $ 115,340 $ 117,647 $ 120,000 Lieutenant 117 $ 83,204 $ 85,700 $ 88,271 $ 90,920 $ 93,647 $ 96,457 $ 99,350 $ 101,337 $ 103,364 $ 105,431 $ 107,540 $ 109,691 $ 111,885 $ 114,122 $ 116,405 $ 118,733 $ 121,107 $ 123,530 $ 126,000 CIB Hourly Rate with 3% Steps 1 2 3 4 5 6 7 8 9 `10 11 12 13 14 15 16 17 18 19 20 21 22 Years of Service 0-1 1 2 3 4 5 6 7 10 15 20 22 12 13 14 15 16 17 18 19 20 21 22-25+ Rank Grade Officer 113 $ 30.7019 $ 31.6230 $ 32.5717 $ 33.5488 $ 34.5553 $ 35.5919 $ 36.6597 $ 37.7595 $ 38.8923 $ 40.0590 $ 41.2608 $ 42.0860 $ 42.9278 $ 43.7863 $ 44.6620 $ 45.5553 $ 46.4664 $ 47.3957 $ 48.3436 $ 49.3105 $ 50.2967 $ 51.3026 $ 52.3287 Corporal 115 $ 34.2003 $ 35.2263 $ 36.2830 $ 37.3715 $ 38.4927 $ 39.6475 $ 40.8369 $ 42.0620 $ 43.3239 $ 44.1903 $ 45.0741 $ 45.9756 $ 46.8951 $ 47.8330 $ 48.7897 $ 49.7655 $ 50.7608 $ 51.7760 $ 52.8115 $ 53.8678 $ 54.9451 Sergeant 116 $ 36.9876 $ 38.0972 $ 39.2401 $ 40.4173 $ 41.6298 $ 42.8787 $ 44.1651 $ 45.4901 $ 46.3999 $ 47.3278 $ 48.2744 $ 49.2399 $ 50.2247 $ 51.2292 $ 52.2538 $ 53.2988 $ 54.3648 $ 55.4521 $ 56.5612 $ 57.6924 Lieutenant 117 $ 40.0021 $ 41.2021 $ 42.4382 $ 43.7113 $ 45.0227 $ 46.3734 $ 47.7646 $ 48.7198 $ 49.6942 $ 50.6881 $ 51.7019 $ 52.7359 $ 53.7906 $ 54.8665 $ 55.9638 $ 57.0831 $ 58.2247 $ 59.3892 $ 60.5770