Mayor & Common Council Meetings

AGENDA CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, November 11, 2024, 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 for Municipal Government Works Month – November 2024 B) Proclamation for Small Business Saturday – Saturday, November 30, 2024 C) Proclamation for Kindness Week Worldwide – November 9 – 16, 2024 3. APPROVAL OF MINUTES A) Mayor and Common Council Meeting of October 28, 2024 4. CONSENT CALENDAR A) Approval of Change Order No. 1 with Watek in the amount of $122,000.00 for additional engineering for Westminster PUREWater project. B) Approval of Good Cause Waiver for 95 Carrol Street. C) Approval of Change Order No. 1 with Herman Restoration, LLC, to repair, replace, and restore roof support structures in the amount of $83,250.00. 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. BID A) Award of Bid to Guyer Brothers Inc., in the amount of $355,900.00 for Rehabilitation of Storm Drain Pipes at Airport Drive and Long Valley Road for Airport Drive and Long Valley Road – Director of Public Works Summerhill 9. ORDINANCES AND RESOLUTIONS 10. UNFINISHED BUSINESS 11. NEW BUSINESS 12. DEPARTMENTAL REPORTS 13. CITIZEN COMMENTS 14. ADJOURNMENT  Municipal Government Works Month November 2024 WHEREAS, the City of Westminster is one of 157 Maryland municipalities; and WHEREAS, since 1993, Maryland has celebrated Municipal Government Works Month each November; and WHEREAS, to educate citizens about municipal government and the importance of their participation, the City of Westminster is proud to promote municipal government awareness; and WHEREAS, municipal government represents the most responsive level of government, allowing citizens to have direct access to elected officials; and WHEREAS, the City of Westminster maintains municipal facilities and infrastructures, including streets, sidewalks, playgrounds, parks, and other natural areas as well as maintaining natural and historic sites; and WHEREAS, municipalities have enhanced the quality of life for their residents by providing various services tailored to the needs and desires of the community and helping to make the City of Westminster, Maryland a great place to live, work, and explore. NOW, THEREFORE, be it proclaimed that the Mayor and Common Council of the City of Westminster, Maryland hereby joins the Maryland Municipal League in declaring November to be Municipal Government Works Month in the City of Westminster. Adopted this 11th day of November 2024 ______________________________ Dr. Mona Becker Mayor  Small Business Saturday Saturday, November 30, 2024 WHEREAS, advocacy groups, as well as public and private organizations, across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday; and WHEREAS, small businesses are the cornerstone of our free enterprise system and since the birth of this country have represented opportunity, independence, and the fulfillment of dreams for generations of Americans; and WHEREAS, small business owners who work long hours, juggling family and career responsibilities and serving as community volunteers, are integral to our city’s prosperity and the vibrancy of our community; and WHEREAS, it is fitting to recognize the small businesses in our community for the key role they play in strengthening our local economy, creating jobs, and preserving our community; and WHEREAS, the City of Westminster celebrates our local small businesses and the contributions they make to our city and community and encourages residents to shop in-store, or online to support your local businesses; and NOW, THEREFORE, I, Dr. Mona Becker, Mayor of the City of Westminster, join the members of the Common Council and the City staff in recognizing, November 30, 2024, as Small Business Saturday and hereby encourage citizens of the City of Westminster to join the national effort in supporting small business owners and encourage the development of new small businesses. Adopted this 11th day of November 2024, ______________________________ Dr. Mona Becker, Mayor  Kindness Week Worldwide November 9th-16th, 2024 WHEREAS, Kindness is an expression of love that brings out the best in others and in ourselves, with overwhelmingly positive implications for health and broader peace and well-being; and WHEREAS, Kindness, like a life vest, keeps us afloat. It makes us believe in ourselves, instills hope, builds self-esteem, and fosters connectedness; and WHEREAS, experiencing and performing acts of kindness are known to provide greater happiness and optimism, reduced feelings of helplessness and depression, and an increased sense of self-worth; and WHEREAS, acts of kindness often inspire others to “pay it forward” in meaningful ways, thereby having significant coattails in which their influence extends well beyond the initial acts themselves; and WHEREAS, no act of kindness is too small to make a difference and change a life, and anyone can make a lasting impact and change the world through kind actions; and WHEREAS, as humanity’s greatest asset, Kindness is a choice that should be encouraged, recognized, rewarded, and celebrated to achieve more of it locally and beyond; and NOW, THEREFORE, in conjunction with World Kindness Day, the Mayor and Common Council of the City of Westminster, Maryland, hereby proclaims “Kindness Week” effective November 9th through 16th, 2024. During this time individuals, families, schools, businesses, faith-based and service organizations, and all community constituents are encouraged to personify the theme “See the Good. Be the Good. Go the Extra Mile” for Kindness in various ways limited only by the bounds of imagination and creativity. It is the intent that through this proclamation and broad “Community Call to Action,” all are challenged to perform kind acts, big and small, and subsequently “pay it forward” for the collective betterment of one another and for the “greater good.” Adopted this 11th day of November 2024, ______________________________ Dr. Mona Becker, Mayor  MINUTES CITY OF WESTMINSTER Mayor and Common Council Meeting Monday, October 28, 2024, at 7:00 p.m. 1838 Emerald Hill Lane, Westminster, MD 21157 YouTube Channel Link CALL TO ORDER Elected Officials Present: Council President Pro Tem Chiavacci, Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. Staff Present: City Clerk Barber, Director of Housing Services Brown, Director of Community Planning and Development Depo, Director of Recreation and Parks Gruber, City Administrator Imhulse, Chief of Police Ledwell, City Attorney Levan, Director of Technology Services Moore, and Director of Public Works Summerhill. MCDANIEL COLLEGE UPDATE Ms. Julie Fisher Associate Vice President for Finance and Controller with McDaniel College provided an update from McDaniel College. Ms. Fisher highlighted an upcoming partnership with Carroll Hospital and noted that next week is homecoming weekend at McDaniel College. APPROVAL OF MINUTES A motion was made by Councilmember Hoff and seconded by Councilmember Dayhoff to approve the the Mayor and Common Council Meeting minutes of October 14, 2024. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. CONSENT CALENDAR A motion was made by Councilmember Gilbert and seconded by Councilmember Hoff to approve the Consent Calendar, which consisted of the following: Approval of Departmental Operating Report – September 2024; Assignment and Assumption of Public Works Agreement No. 1160, between Link- Singer, LLC, a Maryland Limited Liability Company, to Burkard Homes, LLC, a Maryland Limited Liability Company, for Water and Sewer Connection at Fields of Pheasant Run; Approval of Change Order No. 7 with GHD in the amount of $513,500 for additional construction management, inspection, and testing services for Westminster ENR Project; Approval of Change Order No. 17 with GHD in the amount of $150,000 for additional construction services for Westminster ENR Project; and Approval to waive the competitive procurement for good cause, under the City of Westminster Code Chapter 36 “Procurement and Contracts” subsection 36-4 Specific Regulations to award a contract with Heyward Inc., in the amount of $39,000.00 for Scum Pumps. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. REPORTS FROM COMMITTEES Council President Pro Tem Chiavacci on behalf of the Public Safety Committee, noted that several Westminster Police Department supervisors attended a supervision and leadership training course. Council President Pro Tem Chiavacci also noted that Lt. Arnold, Lt. Rife, and Sgt. Hoff attended a Maryland Police and Correctional Training Commission course regarding best practices of navigating the common challenges of working with their officers. Council President Pro Tem closed his report by 1 reporting that Deputy Chief Price and Captain Schuster attended the Operation Sentry Conference, which facilitates the real-time exchange of critical intelligence among local, state, and federal law enforcement agencies. Councilmember Gilbert, on behalf of the Public Works Committee, noted that many events that the Department of Public Works not only assists in the preparation of the event but are also working the actual events. Councilmember Gilbert closed by noting the department is currently assisting the City in the preparation of the Annual Miracle on Main event scheduled for Saturday, November 30, 2024. Councilmember Gilbert on behalf of the Recreation and Parks Committee, provided the highlights from the Spooky Saturday event held on Saturday, October 26, 2024, in the downtown area. COUNCIL COMMENTS AND DISCUSSION Councilmember Dayhoff noted an upcoming open house at Shepard’s Staff scheduled for Friday, November 1, 2024, from 3:00 p.m. until 6:00 p.m. BIDS Award of Bid to Universal Utilities, Inc in the amount of $218,000.00 for the replacement of the emergency diesel generator and installation of new life and safety transfer switch at the Westminster Police Department A motion was made by Councilmember Hoff and seconded by Councilmember Gilbert to approve the award of bid to Universal Utilities, Inc in the amount of $218,000.00 for the replacement of the emergency diesel generator and installation of new life and safety transfer switch at the Westminster Police Department. Director of Public Works Summerhill provided the staff report on the item. There was no discussion on the item. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Award of Bid to ECM Corporation in total amount of $41,800.00 for Valve Nut and Bolt Replacement A motion was made by Councilmember Gilbert and seconded by Councilmember Dayhoff to approve the award of a bid to ECM Corporation in total amount of $41,800.00 for Valve Nut and Bolt Replacement. Director of Public Works Summerhill provided the staff report on the item. Director of Public Works Summerhill and City Administrator Imhulse responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Award of Bid to Fredrick Ward Associates in the Amount of $556,650 for Trail Design and Engineering Services at Wakefield Valley Park A motion was made by Councilmember Gilbert and seconded by Councilmember Dayhoff to approve the award of a bid to Fredrick Ward Associates in the Amount of $556,650 for Trail Design and Engineering Services at Wakefield Valley Park. Director of Recreation and Parks Gruber provided the staff report and responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. 2 Award of Bid to Midlantic Marking Inc., in the amount of $61,294.00 for Annual Road Striping A motion was made by Councilmember Dayhoff and seconded by Councilmember Hoff to approve the award of bid to Midlantic Marking Inc., in the amount of $61,294.00 for Annual Road Striping. Director of Public Works Summerhill provided the staff report on the item and responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. ORDINANCES AND RESOLUTIONS Introduction of Annexation Resolution No. 24-11 (Annexation No. 83), Optimum Properties, LLC Petition for Annexation to enlarge the corporate boundaries of the City of Westminster by annexing into the City certain property containing ±3.572 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property identified as tax account number 07-001223, Map 0046, Grid 0021, Parcel 0033 A motion was made by Councilmember Hoff and seconded by Councilmember Gilbert to introduce Annexation Resolution No. 24-11 (Annexation No. 83), Optimum Properties, LLC Petition for Annexation to enlarge the corporate boundaries of the City of Westminster by annexing into the City certain property containing ±3.572 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property identified as tax account number 07-001223, Map 0046, Grid 0021, Parcel 0033, as amended. Director of Community Planning and Development Depo provided the staff report on the item and responded to questions of clarification given by the Common Council on the item. VOTE AYES: Councilmember Dayhoff, Councilmember Gilbert, and Councilmember Hoff. NAYS: None. Introduction of Annexation Resolution No. 24-13 (Annexation No. 85), Ellen Potepan Petition for Annexation to enlarge the corporate boundaries of the City of Westminster by annexing into the City certain property containing ± 5.47 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property identified as tax account number 07-434089, Map 0046, Grid 0021, Parcel 1648 A motion was made by Councilmember Hoff and seconded by Councilmember Dayhoff to introduce Annexation Resolution No. 24-13 (Annexation No. 85), Ellen Potepan Petition for Annexation to enlarge the corporate boundaries of the City of Westminster by annexing into the City certain property containing ± 5.47 acres, contiguous to and adjoining the City’s existing corporate boundaries, consisting of real property identified as tax account number 07-434089, Map 0046, Grid 0021, Parcel 1648, as amended. Director of Community Planning and Development Depo provided the staff report and responded to questions of clarification given by the Common Council on the item. VOTE AYES: 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. 3 DEPARTMENTAL REPORTS Department of Recreation and Parks Director of Recreation and Parks Gruber provided a status update on the Wakefield Valley Park project. Department of Public Works Director of Public Works Summerhill noted the many events and projects the department has recently been handling for the City. Community Planning and Development Director of Community Planning and Development Depo reported that on October 17, 2024, the Planning and Zoning Commission held a public hearing for Zoning Map Amendment ZMA 24-01 for the Willows project (40 2-over-2 market rate rental units), located northeast of the Pennsylvania Avenue/Sullivan Road and left the record open until 4:30 p.m. on October 31, 2024, and voted to forward ZMA-24-01 to a future work session. The Planning and Zoning Commission also held a work session for Local Map Amendment LMA 24-02 for A1 Urban Living Condominium, also known as the Sunny Place Condos project, located at 222 East Green Street and voted to forward LMA 24-02 to a future work session. Director of Community Planning and Development Depo noted that on November 5, 2024, the Board of Zoning Appeals is scheduled to hear the following: BZA Case No. 24-05, an appeal of the Zoning Administrator determination dated June 11, 2024, for the property at 301 East Main Street in the City of Westminster (SDAT #07-053096). Director of Community Planning and Development Depo closed his report by noting that on November 6, 2024, the Historic District Commission is scheduled to hear a Post Construction Historic Tax Credit Application for 12 Anchor Street (both the roof and gutter were replaced in-kind). Westminster Police Department (WPD) Chief of Police Ledwell provided highlights to some of the cases the department has been handling. CITIZEN COMMENTS Council President Pro Tem Chiavacci 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 Pro Tem Chiavacci announced that the next meeting of the Mayor and Common Council would be on Monday, November 11, 2024, and the meeting will begin at 7:00 p.m. He adjourned the meeting at 7:39 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 _____________________________. 4  Consent Agenda - Good Cause Waiver To: Mayor and Common Council From: Mark A. Depo, Director of Community Planning & Development Cc: Sara Imhulse, City Administrator Elissa Levan, City Attorney Meeting Date: November 11, 2024 Subject: Good Cause Waiver 24-03, additional water and sewer allocation for the construction of a public shower, restroom, and laundry for use by veterans at 95 Carroll Street, Westminster, MD 21157. The Department of Community Planning and Development (DCPD) is requesting the City of Westminster Mayor and Common Council approve Good Cause Waiver 24-03. BACKGROUND On November 1, 2024, Development Company of America LLC, property owner, (the “Applicant”) submitted a Good Cause Waiver Application GCW-24-03 for the construction of a public restroom, shower and laundry for use by veterans in the existing building at 95 Carroll Street, Westminster, MD 21157, further identifies as tax account number 07-035608, Map 0039, Grid 0019, Parcel 0340 (the “Property”). [Attachment 1] The Property is 1.38 acres and zoned C-2 Commercial Medium Intensity 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 property is currently served by public water and sewer. Carroll County Veterans Independence Project (CCVIP), a 501(c)(3) nonprofit organization, leases space in the existing building at the Property. CCVIP provides services for veterans and their families, including education and career planning, physical and mental health services, housing, transportation, help navigating the Veterans medical and benefits system. CCVIP is proposing to provide within its leased space a new public restroom, shower, and laundry service for veterans. The proposed public shower, restroom, and laundry requires 235 gpd of water and sewer allocation. The approval of a Good Cause Waiver does not allocate water or sewer to the Property. An Good Cause approved Waiver 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 24-48) has been submitted for the project. [Attachment 2] City Boundary 95 Carroll St. = Property PROCESS On August 12, 2002, the Mayor and Common Council passed 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. If the Mayor and Common Council approve Good Cause Waiver 24-03, the Mayor and Director of Community Planning and Development must sign the Good Cause Waiver Decision, and the Mayor must sign the Irrevocable Consent to Annexation. [Attachment 3] Mayor and City Council Good Cause Waiver 24-03 November 11, 2024 Page 2 of 6 GOOD CAUSE CRITERIA Good Cause Waiver In accordance with the Good Cause Waiver provisions, the application was reviewed using the following adopted regulations addressing eligibility for service and good cause criteria: Eligibility of Service The Property is 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 1.38 acres according to the Maryland Department of Assessments and Taxation (SDAT). (2) The zoning of the properties. Carroll County has designated the Property as C-2 Commercial Medium Intensity District. (3) Whether the properties can be subdivided. The Property is subject to the Carroll County Zoning Ordinance. As the size of the Property is 1.38 acres and most of the Property is developed, it is unlikely that the Property would be subdivided. However, the owner of any new lot created would be required to consent to be annexed into the City or be granted a Good Cause Waiver to be served by City water and sewer. (4) The nature and extent of the service required. The Property is currently connected to and served by City water and sewer systems. (5) The proposed use for the properties. The Property is currently improved. Additional water is needed to construct a public shower, restroom, and laundry for use by veterans within the building existing at the Property. (6) The properties’ distance from the City boundary. The Property is located approximately 212 feet from the City boundary. (7) Whether the proposed development of the properties is consistent with the Comprehensive Plan for the area? The 2009 City of Westminster Comprehensive Plan as Amended in 2017 shows the Property as Commercial. The Property is located outside City limits but within the City’s growth area boundary. Carroll County has designated the Property as C-2 Commercial Medium Intensity District. The Property is developed with a one-story 16,800 sq. ft. commercial building. . (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: Number 5, “Foster distinctive, attractive communities with a strong sense of place” and Number 7, “Strengthen and direct development toward already existing communities.” Mayor and City Council Good Cause Waiver 24-03 November 11, 2024 Page 3 of 6  CCVIP provides services for Veterans and their families at the Property. CCVIP is proposing Good to Cause Waivera new public restroom, shower, and laundry for use of veterans within the construct existing building at the Property, expanding upon the veterans’ services currently provided. CCVIP’s proposed addition of a restroom, shower, and laundry for veterans at the Property retains a sense of place for the community and its veterans and strengthens and enhances services already provided for them, advancing the principles and overall goals of Smart Growth as opposed to relocating or separating veteran services. (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. Under the Water and Sewer Allocation Policy, there is currently applicable water and sewer available for the proposed new public restroom, shower, and laundry for use of Veterans. (10) Individual considerations relating to the specific properties. The Applicant is not requesting any individual considerations for the development of the Property and no exceptions to the development regulations or use of the property have been granted in connection with the Good Cause Waiver request. The existing development at the Property is consistent with the commercial development in the surrounding Carroll Street/John Street/Englar Road area. (11) Whether the properties can meet the legal test for annexation. The Property does not meet the legal test for annexation because the Property is not contiguous to the City boundary. The Property is located approximately 212 feet from 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. No capital expenditure is needed. The Property is currently connected to and served by City water and sewer systems. (14) The effect upon the need for the issuance of bonds to serve the properties. No improvements are being proposed that would require the issuance of a bond to serve the Property. The Property is currently developed and connected to and served by City water and sewer systems. (15) Whether granting the waiver would be consistent with the City's Drought Management Plan. The Property is currently developed and connected to and served by City water and sewer systems. The Drought Management Plan governs management of the City’s water system, whether located within the City or outside City limits. In exercising its authority under City Code Section 160-13, Water conservation, the Mayor and Common Council are authorized to adopt by resolution drought management plans, which may result in the issuance of an order imposing mandatory water use restrictions at the Property. In addition, the City implemented a Water and Sewer Allocation Policy that is designed in part to prevent the Mayor and City Council Good Cause Waiver 24-03 November 11, 2024 Page 4 of 6  overallocation of water and sewer resources that could allow recurrence of a situation in Good which Cause Waiver the City has insufficient water to provide for the basic daily needs of residents and businesses in the event of a drought. Under the Water and Sewer Allocation Policy, there is currently water and sewer available for the proposed new public restroom, shower, and laundry for use by Veterans. (16) The necessity for additional infrastructure. The Property is currently connected to and served by City water and sewer systems. (17) Whether the properties are currently developed. The Property is 1.38 acres in size and currently developed with a one-story 16,800 sq. ft. commercial building. (18) Whether a public health or safety problem currently exists due to failing systems or contamination. The Property is currently connected to and served by City water and sewer systems. There are no known public health or safety problems that currently exist on the Property. (19) Whether the properties would be utilized as a school or other public facilities. No school or other public facilities is proposed. CCVIP is proposing to construct a new public restroom, shower, and laundry for use of Veterans within the existing building at the Property. The Property is currently developed with a one-story 16,800 sq. ft. commercial building. (20) Whether the properties would be used as a church, hospital, medical or other non-profit facility. No church, hospital, or medical facility is proposed. (21) Whether the project would be a major industrial and/or commercial project. No major industrial and/or commercial project is proposed. (22) The length of time development has been pending. The Applicant submitted the subject Good Cause Waiver application on November 1, 2024 and the Irrevocable Consent to Annexation on November 5, 2024. (23) Whether the properties is within an area or subdivision in which service already exists. The Property is currently connected to and served by City water and sewer systems. (24) Whether all of the properties will be served by public utilities. The Property is currently connected to and served by City water and sewer systems. (25) Whether the provision of service would result in major operational problems, supply interruption, or other detriment to the City's water supply and sewerage resources. Provision of additional 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. Carroll County would review any proposal for transportation-related issues at its discretion since the Property is served by County roads. Mayor and City Council Good Cause Waiver 24-03 November 11, 2024 Page 5 of 6  However, the effect to transportation due to CCVIP providing additional Veteran services Good that CauseareWaiver complementary to the users of the Veteran services already provided at the Property will be minimal to none. (27) Recommendation of the Director. The Director of Community Planning & Development recommends approval of the Good Cause Waiver 24-03. (28) Other Relevant Factors. Staff is unaware of any other factors deemed to be relevant by the Mayor and Common Council in considering the waiver application other than what can be found within the staff report. RECOMMENDATION Staff recommends the Mayor and Common Council approve Good Cause Waiver 24-03 for the construction of a public shower, restroom, and laundry for use by veterans at 95 Carroll Street, Westminster, MD 21157 (SDAT# 07-035608). ATTACHMENTS 1. Good Cause Waiver (GCW 24-03) Application 2. Water and Sewer Allocation (WSA 24-48) Application 3. Irrevocable Consent to Annexation Mayor and City Council Good Cause Waiver 24-03 November 11, 2024 Page 6 of 6 ATTACHMENT 1 GCW 24-03  I "' 0 ■ <>: O - � OF J.i, �J> ..,_ '> - z Calendar Year 2024 City of Westminster ATTACHMENT 2 -2- 0 GCW 24-03 C: "' Cl) ::> -- Case #: WSA 24-48 Form Received: --- Fee Paid: :: - I � 45 West Main Street Cl) DCPD Decision: --- 00 * �t>,, Westminster, MD 21157 0 Appeal Received: __ '-- Application Fee: $250.00 Payable to City of Westminster 410.848.9002 � I Appeal Decision: -- Water and Sewer Allocation A��lication Property Owner Property Name: Development Company of America, LLC Occupant: Carroll County Veterans Independence Project Mailing Address: PO Box 520, Westminster, MD 21158 Location Address: 95 Carroll St, suite 104, Westminster MD Business Name: Carroll County Veterans Independence Project Phone: 410-876-2300 Subdivision Lot# Email: GlennBair@dcaproperties.com Uber Folio Please indicate all that apply 0 Water Allocations Type Sewer Allocations Type Submittals and Supporting Documentation D Annexations D Three-year water history for the property � Combined with Water -� Commercial and Industrial D Current Allocations on D Three-year water history for similar use(s) MDE running count D Good Cause Waivers D Documentation supporting last known use D Sewer-only for new D Residential, Single-family ONLY Annexations D Fixture counts and flow rates for new use(s) D Residential, Multi-family ONLY Sewer-only for new D Fixture counts and flow rates for all existing D Good Cause Waivers Existing Obligations, Public Previous application(s) for same proposal D D Projects, and Not-for-Profit Health Department submitted in prior year(s) and declined Health Department Emergency □ Emergency [attach D Other: D letter from Health Dept] [attach letter from Health Dept] SELF-CALCULATION WORKSHEET Type of Use # Units or Area MDE Rate Factor New(+)/ Demo(-) Total (gallons per day) New Re>jdential (in units) 235 gallons per day/unit Senio/�esidential (in units) 125 gallons per day/unit Com fie(cial (in sq ft or other) JI/JO attached documentation Notary area ��!-- roperty Owne'rts) Signature(s) 9/6f'if Date Glenn S. Bair, Managing Member Printed Name(s) Original, notarized signature(s) of the property owner(s) required for submission of allocation application. AREA BELOW IS FOR USE BY CITY OF WESTMINSTER □ TENTATIVE GPO □ FINAL ---GPD □ DENIED □ EXEMPT FROM ALLOCATION Attest by: □ See Attached Date  ATTACHMENT 3 GCW 24-03 IRREVOCABLE CONSENT TO ANNEXATION THIS IRREVOCABLE CONSENT TO ANNEXATION (“this Irrevocable Consent”) is made this _____ day of ______________, 2024, by and between Development Company of America LLC (hereinafter, “the Owner”), and The Mayor and Common Council of Westminster (hereinafter, “the City”). WHEREAS, the Owner owns certain property located at 95 Carroll Street, Westminster, Maryland 21157, in Carroll County designated as Tax Map 0039, Grid 0019, Parcel 0340 (“Property”), by virtue of a confirmatory deed from Development Company of America LLP dated February 2, 2016 and recorded among the Land Records of Carroll County at Liber 8246, Folio 130; and WHEREAS, the Property is located outside of the corporate limits of the City of Westminster; and WHEREAS, the Property is improved with a 16,800 square feet commercial building, built in 1967, and associated parking lot; and WHEREAS, the Good Cause Process was established in 2002, after the commercial building was built; and WHEREAS, the Owner has requested a Good Cause Waiver to construct a public shower, restroom, and laundry for use by veterans within the existing commercial building that requires additional water; and WHEREAS, the Owner is willing to consent irrevocably to annexation of the Property by the City in return for the additional allocation of the City’s water and sewer services under the terms set forth herein.  WHEREAS, at a meeting held on ___________, ____, the City authorized the provision of water and sewer service to the Property in accordance with Chapter 124 and Chapter 160 of the Westminster City Code by granting a Good Cause Waiver, as provided in Resolution No. 02-6, conditioned upon the consent of the Owner to the annexation of the Property into the City in the future if the Property becomes eligible for annexation under the provisions of the Annotated Code of Maryland; and NOW, THEREFORE, for and in consideration of the premises set forth herein, the grant of a Good Cause Waiver to the Owner for the Property, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner, for itself, its officers, employees, agents, successors, receivers and assigns, irrevocably consents to annexation of the Property into the City of Westminster at such time as the Property becomes otherwise eligible to be annexed under the provisions of the Annotated Code of Maryland and the City in its discretion deems the annexation of the Property to be in the public interest. FURTHER, the Owner further agrees that the City, by grant of a Good Cause Waiver or by annexing the Property, accepts no repair or maintenance obligations for any facilities associated with the Property unless the City, in its sole discretion, determines that acceptance of the facilities is necessary for the public good and the terms, conditions and limitations of such acceptance are specified in an annexation agreement between the parties. FURTHER, the Owner agrees that this Irrevocable Consent is made on behalf of and is intended to bind the Owner, the Owner’s officers, employees, agents, receivers, successors, and assigns, forever and acknowledges that, upon the grant of a Good Cause Waiver for the Property, said Irrevocable Consent will run with the Property above described and shall be recorded among the Land Records of Carroll County, Maryland.  AS WITNESS the hand and seal of the Owner, and in further witness whereof the City of Westminster has caused these presents to be signed in its name, by its Mayor, attested by the City Clerk, and its appropriate seal hereto affixed the day and year first written above. ATTEST: OWNER: DEVELOPMENT COMPANY OF AMERICA LLC ____________________________ By ______________________________ [INSERT NAME AND TITLE OF SIGNER] ATTEST: THE MAYOR AND COMMON COUNCIL OF WESTMINSTER ____________________________ By: ________________________ Sara Imhulse Mona Becker City Administrator Mayor Approved for form and legal sufficiency this ____ day of ____________________, 20__ Elissa D. Levan, City Attorney