City Council
Minutes of City Council Meetings | Agenda for next City Council Meeting

MINUTES OF CITY COUNCIL MEETINGS

CITY OF WESTMINSTER, MARYLAND
JANUARY 27, 2003

QUORUM:

A meeting of The Mayor and Common Council was held in the City Hall Council Chambers, located at 1838 Emerald Hill Lane, on the evening of January 27, 2003, at 7:00 p.m. Mayor Dayhoff; Council President Halstad; Council Members Chiavacci, Albert, and Ferguson; Department Heads Beyard and Urban; City Attorney Walsh; and Westminster City Police Major Brewer were present. Technical Planner Fisher served as acting secretary to the Mayor and Common Council.

Mayor Dayhoff presented checks in the amount of $3,242.31 each to the following charities: The Shepherd’s Staff and Rape Crisis Intervention Service of Carroll County. The checks represented proceeds of the 2002 Holiday House Tour on West Green Street. Mayor Dayhoff thanked Tracey Smith, Laurie Walters, and the Westminster Historic District Commission for organizing another successful tour. Mayor Dayhoff also thanked Mr. and Mrs. Ferguson for their underwriting support of the tour, and expressed appreciation to the following homeowners: Jim & Brenda Lane, John & Robin Kable, Gary & Mary Eastwood, Gordon & Judi Johnson, Lloyd Helt & Ruth Gray, and Michael & Susan DiPietro, for opening their homes for the tour.

Council President Halstad read the following list of qualified applicants for appointment to fill the vacant Council position: Robert Brown, William Haifley, Darcel Harris, Kenneth Hornberger, Robert Miller, Josephine Velazquez, and Robert Wack. At the invitation of Council President Halstad, each candidate made a brief presentation to the Council. Following a discussion, Mr. Ferguson moved to nominate Dr. Robert Wack to the Council. Mr. Chiavacci seconded the Motion, and Dr. Wack was unanimously appointed to fill the vacant Council seat. Mr. Larry Shipley of the Circuit Court of Carroll County swore in Dr. Wack.

MINUTES:

The Minutes of the Meeting of January 13, 2003 were approved on Motion of Mrs. Albert, seconded by Mr. Ferguson, and duly passed.

PUBLIC HEARINGS:

Mayor Dayhoff conducted a Public Hearing on Rezoning Case LMA No. 02-1 the Robert-Norris Property. Town Planner Shawn Siders stated that the Westminster Planning and Zoning Commission had forwarded the rezoning to The Mayor and Common Council with a favorable recommendation. Mr. Siders explained that the applicant, Mr. Robert Thomas, was requesting that 0.62 acres of land in the “R-7,500” Residential zone be reclassified to the “PD-9” Planned Development zone. The applicant has proposed the construction of six single-family-attached units on the site. Staff believes that such development would be compatible with the neighborhood as duplexes surround the property. Mr. Siders further explained that the developer would have to extend South Church Street to Church Court, and pay an in-lieu fee to meet the City’s requirement for open space. Mr. Randy Bechtel of BPR, Inc. presented a graphic representation of the proposed development. Mr. Robert Thomas of 5814 Mineral Hill Road, Eldersburg, stated that the development would complete a needed street connection for the neighborhood and eliminate a vacant lot used for dumping. Mr. Steve Howard of Roberts Construction stated that the units would be 20 to 24 feet wide and have brick fronts and upgrade construction. Mr. Adam Fowler of 111 South Church Street stated that he is concerned about child safety and land values with the proposed street. Mrs. Lisa Fowler of 111 South Church Street related her concern that the proposed street will be used as a cut-through for non-residents. Ms. Barb Snyder of 110 South Church Street voiced concern that more green space would be lost in the neighborhood. She also suggested that the road could be partially completed to allow access to the property without becoming a through street. Mr. Dave Taylor of 182 East Green Street stated that the completion of the roadway would provide drug dealers easier access to the neighborhood, as well as add more cars to a small area. Ms. Mary Pool of 307 Church Court stated that the mentally and physically challenged people living in the area would feel safer without the proposed roadway connection. Ms. Laurie Bender of 76 Charles Street stated that she was concerned about the grade of the road and the related structural safety of her house. Mr. Brian Babyak of 303 Church Court conveyed his concern that the connection will be used by non-residents to avoid Center Street, and agreed with the suggestion to partially extend the roadway. Mr. Eric Horgos of 172 East Main Street stated that a variety of traffic calming measures could be instituted to minimize the negative impacts of a through street. Mr. Russell Meyers of 54 Webster Street stated that many of the existing houses were not built when the plan showing the completion of Church Street was originally considered. There being no further comment, the Mayor closed the Public Hearing at 8:03 p.m. The record was left open for 10 days for the submission of written comments.

CONSENT CALENDAR:

Mrs. Albert moved to approve the Consent Calendar, consisting of Good Cause Waiver Case No. GCW03-2 – B.H.H.D. Corporation, an Employee Handbook Amendment for tuition reimbursement, and a Planning and Zoning Report. Mr. Ferguson seconded the motion, which then passed unanimously.

BIDS:

On Motion of Mr. Chiavacci, seconded by Mr. Ferguson, the $99,515 bid of E.M.H. Environmental to replace filter media at the Cranberry Water Treatment Plant was unanimously approved. On Motion of Mr. Ferguson, seconded by Mr. Chiavacci, the $39,535 bid of CTR Mid Atlantic to install video monitoring equipment and emergency telephones in the Westminster Square and Longwell Parking Garages was unanimously approved. Mr. Beyard explained that the acceptance of the higher CTR bid has benefits that outweigh the additional expense.

REPORTS FROM MAYOR:

…recognized the scouts of Scout Troop No. 381 of Westminster, in attendance to fulfill their “citizenship in community” badge requirement.

REPORTS FROM STANDING COMMITTEES:

Council President Halstad reported that he had received a copy of the Council of Governments membership resolution and bylaws that he would distribute to The Mayor and Common Council. Council President Halstad noted that an appointed representative to the Council of Governments will be needed from the City.

ORDINANCES AND RESOLUTIONS:

On Motion of Mr. Ferguson, seconded by Mrs. Albert and duly passed, Ordinance No. 697 – Rezoning of Roberts-Norris Property was introduced for First Reading.

Council President Halstad opened discussion regarding the Final Adoption of Ordinance No. 696 – Alcoholic Beverage Use in City-Owned and City-Leased Buildings. Council President Halstad explained that the Ordinance would allow The Mayor and Common Council to permit the use and sale of alcoholic beverages on premises owned by the City on a case-by-case basis. In response to a question from Dr. Wack, Mr. Chiavacci stated that the intent is to allow organizations to include alcoholic beverages in special events. Mrs. Albert expressed concern over the proposed change, stating:

I am reluctant to support a change to Ordinance No. 696 because sanctioning the use of alcohol in City-owned or City-leased buildings lacks a necessary commitment in reducing the prevalence of alcohol abuse. We need to be advocates for a healthier Carroll County (which includes Westminster). In doing so we are protecting the health, safety, and quality of life for all, especially children, and young adults and families.

In response to a question from Dr. Wack, City Attorney Walsh stated that the City had sufficient insurance to cover the liability introduced in this ordinance. Council President Halstad expressed his support for the ordinance. Mr. Ferguson suggested that the ordinance be amended to refer only to the Carroll County Arts Council. On Motion of Mr. Ferguson, seconded by Mr. Chiavacci and duly passed, Ordinance No. 696 – Alcoholic Beverage Use in City-owned and City-leased Buildings was deferred to the next meeting of The Mayor and Common Council.

On Motion of Mr. Ferguson, seconded by Mrs. Albert, Ordinance Nos. 693, 694, and 695 – Amendments to Water, Sewer, and Special Capital Benefit Assessment Fees were unanimously approved. Mr. Chiavacci recused himself from the voting. Mr. Beyard explained that the fee changes were derived from comparisons with neighboring jurisdictions and discussions with impacted parties.

At the request of Council President Halstad, Mr. Chiavacci outlined the program proposed in Resolution No. 03-3 – Election to Participate in the Law Enforcement Officers’ Pension System. On Motion of Mr. Chiavacci, seconded by Mr. Ferguson and duly passed, Resolution No. 03-3 – Election to Participate in the Law Enforcement Officers’ Pension System was introduced.

NEW BUSINESS:

On Motion of Mrs. Albert, seconded by Mr. Ferguson and duly passed, The Mayor and Common Council of Westminster dedicated a historic preservation easement on the Carroll Theatre Building to the Maryland Historical Trust. Council President Halstad explained that the easement ensures the historical integrity of the structure and was a condition of the $200,000 Maryland Historical Trust grant received by the City.

DEPARTMENTAL REPORTS:

Major Brewer thanked the Council for their support of the search for a competitive pension system for the City’s police officers.

Mr. Chiavacci stated that Dean Sayre and Mr. Webster of McDaniel College have agreed to meet with the Council to discuss security concerns created by some students in neighborhoods adjoining the campus.

Mr. Beyard stated that the City will be receiving bids for trash collection on January 28, 2003. Mr. Beyard also highlighted several figures on the handout related to Westminster’s participation in the Cable Regulatory Commission.

Council President Halstad stated that the committee chairmanships vacated by Mr. Pecoraro should be filled at the next meeting of The Mayor and Common Council.

CITIZEN COMMENT:

Mr. Robert Miller of 525 Yellow Lilly Court stated his concern that limiting Ordinance No. 696 to the Carroll Arts Center was one-sided. In response to a question from Mr. Miller, Council President Halstad stated that the possible tax increase would not go to referendum, but that the Council members are held accountable on election day. In response to a question from Mr. Miller, Mr. Beyard stated that additional cable companies could compete with Adelphia, but the cost of infrastructure precludes most competition.

The Council President adjourned the meeting at 9:07 p.m.

Erik N. Fisher

Acting Secretary