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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 26, 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 26, 2002, at 7:00 p.m.Mayor Dayhoff; Council President Halstad; Council Members Albert, Pecoraro, Ferguson, and Chiavacci; Department Heads Beyard and Dutterer; City Attorney Walsh; Westminster City Police Captain Barnes; and City Clerk Taylor were present.
MINUTES:
The Minutes of the Meeting of August 12, 2002, were approved on Motion of Mrs. Albert, seconded by Mr. Pecoraro, and duly passed.
CONSENT CALENDAR:
Mr. Chiavacci moved to approve the Consent calendar, consisting of the City/County Agreement, the July Departmental Operating Reports, and one block party permit request.Mr. Ferguson seconded the Motion and it passed unanimously.
SPECIAL REPORT:
Council President Halstad announced a change in the Agenda to include a comprehensive report by Mr. Beyard on the status of water in the City of Westminster.Mr. Beyard summarized the numerous water conservation and source location actions taken by the Mayor and Common Council during the years 2001 and 2002.The City of Westminster was one of the first jurisdictions to recognize an impending shortage and to impose water use restrictions in 2001.He noted that the City needs 750,000 gallons of water per day, yet the Raw Reservoir level has declined to about 25 percent as a result of the drought during July and August of 2002.The goal is to keep the Reservoir above the 25 percent level.Mr. Beyard commended Mr. Glass and the staff of Utilities for their success in getting the Roop’s Mill well online rapidly.Mr. Chiavacci thanked Mr. Beyard, Mr. Glass, and staff for their foresight and responsiveness.
Mr. Beyard reported that the water situation has become an emergency.Additional measures need to be implemented, and some of them will entail legislative action and additional funding.Mr. Beyard then outlined the new measures proposed by staff.Following a lengthy discussion, the Council by consensus authorized Mr. Beyard to:1) expend City water funds immediately to commence contract water hauling from the Medford Quarry as needed, to augment the stream flow to the City Water Treatment Plant; 2) investigate financing to pipe raw water from Medford Quarry to a point near the State Highway Administration Shop at Maryland Routes 97 and 140; 3) prepare legislation to institute a water allocation program to defer certain new plan approvals; and 4) prepare legislation to reduce the number of building permits that can be issued for a project from 80 per year to 50 per year.Mr. Ferguson complimented the Mayor for his conservation efforts during the preceding week.Mr. Chiavacci and Mr. Dayhoff stated that a letter of thanks would be sent to Genstar.
REPORTS FROM MAYOR:
… Read and presented to William Rau, Jr., a Proclamation declaring September Disabled American Veterans’ Forget-Me-Not Month.
… Reported that a service would take place on September 11 at 7:00 P.M. at the Westminster Fire Hall to commemorate the tragedy of September 11, 2001 and that the bell would be rung at certain times on that day.
REPORTS FROM STANDING COMMITTEES:
Public Safety:
Mr. Chiavacci stated that the Police Pension Subcommittee was continuing its meetings and intended to present its recommendations in November 2002.He further noted that the final draft of the Space Study Committee Report would become available after the final Committee meeting on September 20, 2002.
ORDINANCES AND RESOLUTIONS:
Upon Motion of Mr. Pecoraro, seconded by Mr. Ferguson and duly passed, the Rules of Order and Procedure were suspended to allow simultaneous Introduction and Adoption of Resolution No. R02-9.Thereafter, on Motion of Mr. Ferguson, seconded by Mr. Chiavacci and unanimously passed, Resolution No. R02-9, the content of which follows, was Adopted.
Sponsored By: Damian L. Halstad, Council President
Gregory Pecoraro, Councilman
RESOLUTION NO. R02-9
RESOLUTION of The Mayor and Common Council of Westminster:
SUBJECT: Mandatory Drought Restrictions - Procedures for Consideration of Exemptions/Variances
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 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, and August 12, 2002, The Mayor and Common Council adopted Resolution Nos. R02-1 and R02-8 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 additional orders as provided in that section regarding more stringent restrictions upon water use; 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, The Mayor and Common Council recognizes the desirability for adopting procedures for consideration of exemptions or variances from its mandatory drought restrictions under circumstances of extraordinary hardship.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF WESTMINSTER that:
1. That The Mayor and Common Council hereby adopts procedures for consideration of exemptions or variances to its Mandatory Drought Restrictions previously imposed by Resolutions Nos. R02-1 and R02-8 and said procedures are attached hereto and incorporated herein as Exhibit 1 to this Resolution.
2. That The Mayor and Common Council hereby charges the Director of the Department of Planning and Public Works with the responsibility of administering the procedures adopted herein.
AND, BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that its Resolution Nos. R02-1 and R02-8 orders will remain in force and effect subject to the procedures adopted herein until further resolution of The Mayor and Common Council of Westminster;
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 this Resolution shall take effect immediately upon its adoption.
INTRODUCED this day of , 2002.
Laurell E. Taylor, City Clerk
PASSED this day of , 2002.
Laurell E. Taylor, City Clerk
APPROVED this day of , 2002.
Kevin E. Dayhoff, Mayor
Approved as to legal form
and sufficiency this
day of , 2002.
John B. Walsh, Jr., City Attorney
City Housing and Community Development Administrator Blandford presented a
Request for approval of an application for Community Legacy Funding.She enumerated the projects to which the funds would be allocated.On Motion of Mr. Pecoraro, seconded by Mrs. Albert and duly passed, the Rules of Order and Procedure were suspended to allow simultaneous Introduction and Adoption of Resolution No. R02-7.Thereafter, on Motion of Mr. Chiavacci, seconded by Mr. Ferguson and unanimously passed, Resolution No. R02-7, the text of which follows, was Adopted.
SPONSORED BY: Damian Halstad, Council President
Gregory Pecoraro, Councilman
RESOLUTION NO. R02-7
RESOLUTION of The Mayor and Common Council of Westminster
SUBJECT: APPROVING AN APPLICATION AND RECEIPT OF FINANCING FOR COMMUNITY LEGACY PROJECTS IN WESTMINSTER, MARYLAND, TO BE FINANCED DIRECTLY BY THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OR THROUGH OTHER DEPARTMENTS OR AGENCIES OF THE STATE OF MARYLAND
WHEREAS, The Mayor and Common Council of Westminster recognizes that there is a significant need for reinvestment and revitalization of the communities in Westminster; and,
WHEREAS, the State of Maryland has approved a Community Legacy Area ("Area") in Westminster as requested by The Mayor and Common Council of Westminster in 2001; and,
WHEREAS, The Mayor and Common Council of Westminster supports the development of a Community Legacy Plan and Projects within the Community Legacy Area, the purpose of which will be to contribute to the reinvestment and revitalization in the Area; and,
WHEREAS, the State Department of Housing and Community Development ("Department"), either through Community Legacy or through other Programs of the Department, or in cooperation with other State departments or agencies, may provide some or all of the financing for the Project ("The Project Financing") in order to assist in making it financially feasible; and,
WHEREAS, the applicable law, regulations and departmental requirements necessitate approval of the Community Legacy Area designation, the Project, and the
Project Financing by The Mayor and Common Council of Westminster;
NOW, THEREFORE, BE IT RESOLVED by The Mayor and Common Council of Westminster that it reaffirms the designation of a Community Legacy Area, approves the Project in the Area, and approves the Project funding request in the form of grants, loans, or other financial vehicles in the approximate amount of Eight Hundred Thousand Dollars ($800,000) from the Department or through other departments or agencies of the State of Maryland; and
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute such documents as may be necessary to implement this Resolution, subject to the recommendation of the Director of the Department of Planning and Public Works and the City Attorney; and
BE IT FURTHER RESOLVED that copies of this Resolution be sent to the Secretary of Housing and Community Development of the State of Maryland.
BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that this Resolution shall become effective upon its passage and approval.
INTRODUCED THIS DAY OF , 2002.
Laurell E. Taylor, City Clerk
PASSED THIS DAY OF , 2002.
Laurell E. Taylor, City Clerk
APPROVED THIS DAY OF , 2002.
Kevin E. Dayhoff, Mayor
Approved as to form and
legal sufficiency this
day of , 2002.
John B. Walsh, Jr.
City Attorney for the
City of Westminster
UNFINISHED BUSINESS:
Mr. Beyard presented a proposal to advertise the current Water Use Restrictions.Mr. Ferguson and the Council President agreed that the Restrictions should be advertised in the broadest possible fashion.Mr. Pecoraro moved that the Restrictions be advertised in both local newspapers, that they be mailed to City water users, and that they be placed on the City Website.Mr. Chiavacci seconded the Motion and it passed unanimously.
NEW BUSINESS:
On Motion of Mr. Ferguson, seconded by Mr. Pecoraro and duly passed, the Deed for the Cliveden Reach Stormwater Management Facility No. 1 was accepted.
Mr. Beyard presented a proposal to establish Water Allocation Procedures similar to the existing Sewer Allocation Procedures.Because of the serious water situation and the drought, staff will prepare a Resolution implementing water allocation.
A closed meeting was scheduled immediately to follow the regular session on Motion of Mrs. Albert, seconded by Mr. Pecoraro, and duly passed, to discuss personnel matters and to obtain legal advice, as authorized in Section 10-508(a)(1) and (7) of the State Government Article of the Annotated Code of Maryland.
MISCELLANEOUS BUSINESS:
The closed meeting held at 9:30 p.m. following the regular session in City Hall was attended by Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Pecoraro, and Ferguson, Department Head Dutterer; and Ms. Childs.A unanimous vote authorized the meeting to discuss personnel matters and to consult with counsel to obtain legal advice as authorized in Section 10-508(a)(1) and 10-508(a)(7) of the State Government Article of the Annotated Code of Maryland.
DEPARTMENTAL REPORTS:
Mr. Beyard announced that the City received 11 bids for the Longwell Garage and Locust Lane Project.The bids were relatively close together and still under review.
Mr. Beyard advised that he received a letter from the Eagleview Homeowners Association requesting that the City return funds (deposited with it by the Developer) for a now abandoned walkway project to the Association.The Council approved his request.
CITIZEN COMMENTS:
City resident Henry Thomas Hepner indicated dissatisfaction with the Westminster Police Department and with the security measures in place at City Hall.
Mr. Marty Hill commended staff and elected officials on their progressive approach to the water situation.He asked the Mayor and Common Council to consider allowing developers to forward fund infrastructure.
County resident Beatrice Wolfe expressed disappointment that the Mayor could not attend a meeting concerning scholarships.
The Council President adjourned the meeting at 9:20 p.m.
Laurell E. Taylor
City Clerk
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