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City Council
Minutes of City Council Meetings | Agenda for next City Council Meeting
MINUTES OF CITY COUNCIL MEETINGS
CITY OF WESTMINSTER, MARYLAND
AUGUST 12, 2002
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 August 12, 2002, at 7:00 p.m. Mayor Dayhoff; Council President Halstad; Council Members Albert, Pecoraro, Ferguson, and Chiavacci; Department Heads Beyard and Joneckis; City Attorney Walsh; and Acting City Clerk Womer were present.
MINUTES:
The Minutes of the Meeting of July 22, 2002, were approved Motion of Mrs. Albert, seconded by Mr. Pecoraro, and duly passed.
CONSENT CALENDAR:
Mr. Chiavacci moved to approve the consent calendar, consisting of Utility Service to two properties on Littlestown Pike. Mrs. Albert seconded the Motion and it passed unanimously.
BIDS:
On Motion of Mr. Chiavacci, seconded by Mr. Ferguson the bid from Crouse Ford for one new police car was accepted.
REPORTS FROM MAYOR:
… Mayor Dayhoff advised that work of the State Highway Administration on the MD 31 sinkhole continues to move forward. At this time 877 yards of grout at a cost of $192,754.21 has been pumped into the sinkhole. He further reported that the State Highway Administration will be paying for the cost of the project.
… Advised that he asked City Attorney John Walsh to review the City’s election laws.
… Read and presented a Mayoral Proclamation recognizing the five men, Brian Adams, Boyd McClain, Donald Hann, Mike Cool, and Steve Strawsburg, who went to aid in the tornado recovery of the Town of La Plata.
REPORTS FROM STANDING COMMITTEES:
Council President Halstad reported the work of the Lower Pennsylvania Avenue Improvement Committee continues and expects that a summary of enforcement recommendations will soon come before the Council, adding that the work is halfway complete.
Mr. Pecoraro reported that he thought Main Street looked great adorned with the new City flag. He noted his pleasure in receiving an invitation to the open house at Winter’s Mill High School adding that he was glad to see all the hard work in getting a new high school in Westminster, also noting that the first application for the Façade Improvement Program has been received.
ORDINANCES AND RESOLUTIONS:
Upon Motion of Mr. Pecoraro, seconded by Mr. Ferguson and unanimously passed, Ordinance No. 685 – Amendments to the City’s Property Maintenance Code to add exterior facades, to require registration of all residential rental properties, and to make technical changes in registration requirements – was approved for Final Adoption.
The Final Adoption of Resolution No. R02-6 – Approval of Regulations governing “Good Cause” waivers pursuant to Sections 124-3A and 160-6F of the Westminster City Code was Moved by Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, content of which follows:
RESOLUTION NO. R02-6
RESOLUTION of The Mayor and Common Council of Westminster
SUBJECT: Approval of Regulations governing “good cause” waivers pursuant to Sections 124-3A and 160-6F of the Westminster City Code
WHEREAS, on February 11, 2002, The Mayor and common Council enacted Ordinance Nos. 677 and 678 which dealt respectively with applications for water and sewer service including a mechanism for the granting of “good cause” waivers by The Mayor and common Council; and
WHEREAS, Ordinance Nos. 677 and 678 provide that the Director of the Department of Planning and Public Works shall adopt regulations for consideration of “good cause” waivers subject to approval by resolution of The Mayor and Common Council; and
WHEREAS, the Director of the Department of Planning and Public Works has proposed regulations with respect to the consideration of applications for “good cause’ waiver by The Mayor and Common Council of Westminster; and
WHEREAS, The Mayor and Common Council has had an opportunity to review and consider the proposed regulations relating to “good cause” waivers and has determined that they will implement the provision of Ordinance Nos. 677 and 678.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF WESTMINSTER that the Good Cause Waiver Regulations dated August 1, 2002, adopted by the Director of the Department of Planning and Public Works be and the same are hereby approved by The Mayor and Common Council. A copy of said Good Cause Waiver Regulations dated August 1, 2002, is attached hereto and incorporated herein as Attachment A; and
BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that the aforesaid Good Cause Waiver Regulations shall remain in force and effect until further resolution of The Mayor and Common Council of Westminster; and
BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that this Resolution shall take effect ten days after its passage and approval.
INTRODUCED this 22nd day of July , 2002.
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Laurell E. Taylor, City Clerk
PASSED this 12th day of August , 2002.
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Laurell E. Taylor, City Clerk
APPROVED this 12th day of August , 2002.
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Kevin E. Dayhoff, Mayor
Approved as to legal form and
Sufficiency this 15th day
Of July , 2002.
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John B. Walsh, Jr., City Attorney
UNFINISHED BUSINESS:
Work on the retaining walls along Uniontown Road was approved in the amount of $66,206 on Motion of Mr. Ferguson, seconded by Mr. Pecoraro and duly passed. Mr. Beyard noted that McDaniel College officials have been very willing to help financially but also with some of the actual work of the project.
NEW BUSINESS:
Reappointments to the Parks Board, Planning and Zoning Commission and Historic District Commission were confirmed on Motion of Mr. Ferguson, seconded by Mrs. Albert and duly passed as follows: Parks Board – Barbara Parker, Lisa Aughenbaugh and Chris Ambrose; Planning and Zoning Commission – Kevin Beaver; and Historic District Commission – Dean Camlin and Laurie Walters.
Mrs. Albert Moved, Mr. Ferguson seconded and it was unanimously passed to close the meeting pursuant to section 10-508 (A) (3) and (7) of the State Government Article of the Annotated Code of Maryland to conduct a closed meeting immediately after this meeting to consider the acquisition of real property for a pubic purpose and matters directly related thereto, and to consult with counsel to obtain legal advice.
MISCELLANEOUS BUSINESS:
The closed meeting held at 8:30 p.m. following the regular session in City Hall was attended by Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Ferguson and Pecoraro; Department Head Beyard and City Attorney Walsh. A unanimous vote authorized the meeting to consider the acquisition of real property for a pubic purpose and matters directly related thereto, and to consult with counsel to obtain legal advice as authorized in Section 10-508 (A) (3) and (7) of the State Government Article of the Annotated Code of Maryland.
DEPARTMENTAL REPORTS:
Chief Joneckis reported that eight neighborhoods participated the hugely successful August 6, 2002 National Night Out Program and extended his thanks the Elected Officials, Police and citizens who took part. He also advised on the upcoming Walk Your Children to School Day at Carrolltowne Elementary School on October 2, 2002. The City of Westminster will sponsor its own Walk Your Children to School Day on October 3, 2002 at Westminster Elementary School and encouraged participation among the Elected Officials.
In follow up to National Night Out, Mr. Chiavacci commended the Police Department on the good work that was done in organizing and carrying out the program, noting that next year, 2003, marks the 20th anniversary of the National Night Out program.
Mr. Beyard reported on the water situation stating consumption is down compared to last year, but rainfall is down as well adding that these factors suggest the need for further tightening of the water restrictions presently in place. Following extensive discussion of modifications to the current water use and restrictions regulations, Mr. Pecoraro Moved to suspend the rules of order and procedure to allow the immediate consideration to adopt Resolution No. R02-8 (Amendment of Mandatory Drought Restrictions). Mr. Chiavacci seconded the Motion and it was unanimously passed.
On Motion of Mr. Pecoraro, seconded by Mr. Ferguson and unanimously passed, Resolution No. R02-8 (Amendment of Mandatory Drought Restrictions), which will become effective at midnight Friday, August 16, 2002, was approved, content of which follows:
RESOLUTION of The Mayor and Common Council of Westminster
SUBJECT: Amendment of Mandatory Water Restrictions
WHEREAS, The City of Westminster has been experiencing drought conditions which have adversely affected the availability of the City’s water supply; and
WHEREAS, the State of Maryland has also been experiencing drought conditions to such an extent that the Governor of Maryland has issued mandatory drought restrictions contained in the Executive Order 01.01.2002.04 pursuant to Article 16A and Article 41 of the Maryland Annotated Code; and
WHEREAS, the Governor of Maryland has applied to the Federal Government for emergency drought relief; and
WHEREAS, previously on April 22, 2002, The Mayor and Common Council adopted Resolution No. R02-1 which also imposed certain mandatory drought restrictions, including the adoption by reference of the Mandatory Drought Restrictions imposed by above-referenced Executive Order as constituting an order as provided in Section 160-13 of the Westminster City code and by issuing an additional order as provided in that section regarding more stringent restrictions upon water use; and
WHEREAS, the drought conditions which previously motivated The Mayor and Common Council to adopt Resolution No. R02-1 have worsened in severity requiring that additional action be taken for the protection of the public health, safety and welfare; and
WHEREAS, The Mayor and Common Council hereby finds that an emergency situation exists which requires it to take additional action to restrict usage of the City’s water supply specifically by the elimination of certain exceptions to the previously adopted orders regarding water use which allow the use of water for non-potable purposes; and
WHEREAS, Section 160-13 of the Westminster City Code authorizes The Mayor and Common Council of Westminster to exercise control over the City’s water supply at all times and, in cases of shortage of water or for any other reason, authorizes The Mayor and common Council of Westminster to determine that the water supply should be conserved; and
WHEREAS, Section 160-13 of the Westminster City Code further provides that any user or consumer of water upon notice from the City shall comply with any order passed by The Mayor and Common Council of Westminster to conserve the water supply; and
WHEREAS, Section 160-13 of the Westminster City Code provides that any violation of an order of The Mayor and common Council of Westminster regarding the conservation of water shall be a municipal infraction subject to monetary penalties and the possible discontinuance of water service.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF WESTMINSTER that:
1. Resolution No. R02-1 be and the same is hereby amended by adding additional restrictions to those Mandatory Drought Restrictions Regarding Water Conservation and Burning, which were attached to an incorporated as Attachment B to Resolution No. R02-1. The additional restrictions imposed herein deal with the use of water for non-potable purposes as shown on Exhibit 1, which is attached hereto and incorporated herein. In that regard, The Mayor and Common Council hereby finds that the need to preserve the water system for potable purposes outweighs continuing the sue of water for certain non-potable purposes under emergency circumstances and recognizes the availability of other alternatives for the obtention of non-potable water on a temporary basis;
2. To the extent that Resolution No. R02-1 conflicts with the additional restrictions provided for herein as shown on Exhibit 1, those provisions are superceded and overridden. The provisions contained in Attachment, A which was attached to an incorporated in Resolution No. R02-1 allowed exception to Level 1 Mandatory Water Use Restrictions for the use of water for certain non-potable purposes. As provided on Exhibit 1 hereto, those uses are now prohibited on an emergency basis as a result of the drought conditions and the availability of non-potable water from other sources on a temporary basis;
AND, BE IT FURTHER REESOLVED by The Mayor and common Council of Westminster that its orders will remain in force and effect until further resolution of The Mayor and Common Council of Westminster;
AND, BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster will enforce its orders in accordance with the provision of Section 160-13C of the Westminster City Code that provides that the penalty for violation of these orders shall be Two Hundred Dollars ($200.) for each initial offense and Four Hundred Dollars ($400) for each repeat offense. These penalties are independent of any criminal sanctions, which may be imposed under State law for violation of Executive Order 01.01.2002.04;
AND, BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that Section 160-13C of the Westminster City Code also provides that the City at any time and without further notice, may discontinue the water service of any person violating its order.
AND, BE IT FURTHER RESOLVED that The Mayor and Common Council of Westminster continues to encourage water conservation for its citizens and for all commercial uses;
AND, BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that Resolution No. R02-1, as amended herein, shall continue in full force and effect.
AND, BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that this Resolution shall take effect on midnight Friday, August 16, 2002.
INTRODUCED this 12th day of August , 2002.
___________________________
Laurell E. Taylor, City Clerk
PASSED this 12th , day of August , 2002.
____________________________
Laurell E. Taylor, City Clerk
APPROVED this 12th day of August , 2002.
____________________________
Kevin E. Dayhoff, Mayor
Approved as to legal form
And sufficiency this 14th day
Of August , 2002.
___________________________
John B. Walsh, Jr., City Attorney
The possibility of Allocation was also discussed which if adopted authorizes The Mayor and Common Council to take action to curtail certain new building approvals. The issue of Allocation is anticipated to be discussed at a future meeting of The Mayor and Common Council.
CITIZEN COMMENTS:
Joe Mish of 385 Pleasanton Road commended The Mayor and Common Council on the work on the Uniontown Road retaining wall.
Jesse Lockard of Buena Vista Drive stated his feelings that the recent changes to the City’s Property Maintenance Code were harsh on property owners. He also agreed that water use restrictions were necessary, adding that citizens should check in their homes for water leaks.
County resident Beatrice Wolf commented on the water situation, asked for clarification on police patrol areas around Logan Drive and questioned whether the new store, Boscov’s was being built at Town Mall. Ms. Wolf was advised that Boscov’s was indeed in the construction process.
Rose Blizzard of 113 Anchor Street asked the location of the Uniontown Road retaining wall, inquired about a 4-way stop sign at the intersections of Main Street, Uniontown Road and Old New Windsor Road, asked about whether anyone had taken advantage of the Façade Program, and commented on the drought situation.
Rick Blizzard of 113 Anchor Street commented on the drought situation.
Robin Kable of 65 W. Green Street commented on the Property Maintenance Code and commended The Mayor and Common Council on the work to bring Winter’s Mill High School to Westminster, adding though that Westminster High School is badly in need of repairs and updates and hopes that The Mayor and Common Council will continue to support the quest for funds from the County for local schools.
The Council President adjourned the meeting at 8:20 p.m.
Laura A. Womer
Acting City Clerk
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