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MINUTES OF CITY COUNCIL MEETINGS

CITY OF WESTMINSTER, MARYLAND
SEPTEMBER 10, 2001

QUORUM:

A Meeting of The Mayor and Council was held in the City Hall Council Chambers, located at 1838 Emerald Hill Lane, on the evening of September 10, 2001 at 7:00 p.m. Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Ferguson and Pecoraro; Department Heads Beyard and Dutterer; Major Dean Brewer; and City Attorney Walsh were present.

MINUTES:

The Minutes of the Meeting of August 27, 2001 were approved as presented, on Motion of Mr. Pecoraro, seconded by Mrs. Albert and duly passed.

PUBLIC HEARING:

Mayor Dayhoff conducted the Public Hearing on the Fourth Amended Development Plan for Carroll Lutheran Village, noting that Councilman Chiavacci would be recusing himself from participating in any voting and/or discussion of the plan. The new plan incorporates elements of neo-traditional town planning design, which include a grid street pattern with alleys and a town square. The overall density is not being increased, however a new Welcome and Wellness Center has been added to the plan. Mr. Geary Milliken, President and CEO of the Village spoke in favor of the plan. As there were no persons present who wished to speak, and because there was no opposition to the plans, Mayor Dayhoff closed the Public Hearing and the record at 7:25 p.m. Thereafter, on Motion of Mr. Ferguson, seconded by Mr. Pecoraro and unanimously passed, the Fourth Amended Development Plan for Carroll Lutheran Village was approved, additionally authorizing the Mayor to execute a document which would implement the plan.

Mayor Dayhoff called the second Public Hearing to order regarding Ordinance No. 672, Text Amendment TA 01-03 which proposes to create a new Multiple-Family Housing for Older Persons Ordinance provision as a Special Exception in the R-7,500 Residential Zone. There being no persons wishing to speak on the matter, Mayor Dayhoff closed the Hearing at 7:40 p.m. with the record remaining open for one week.

CONSENT CALENDAR:

The Consent Calendar was approved, on Motion of Mrs. Albert, seconded by Mr. Pecoraro and duly passed, consisting of the Western Maryland sponsored Homecoming Parade to be held on Saturday, October 20, 2001.

REPORTS FROM MAYOR:

. . . presented a Mayor’s Proclamation to Mr. Arthur Houck declaring September 2001 as Disabled American Veterans’ “Forget-Me-Not” Month.

. . . Presented a Mayor’s Proclamation to Mrs. Connie Humphrey recognizing the week

of September 17 – 23, 2001 as Constitution Week. Mrs. Humphrey presented The Mayor with a pocket-sized version of the Constitution of the United States.

. . . noted the Carroll Chapter Maryland Municipal League Dinner meeting being held on Thursday, September 13, 2001.

. . noted the upcoming Fall MML Legislative Conference planned for October 18 – 20, 2001.

. . . noted the November 2, 2001 Carroll Chapter NAACP Freedom Banquet and encouraged those interested to attend.

RESOLUTIONS:

Mr. Michael J. Lane, Executive Director of the Historical Society of Carroll County gave a brief presentation regarding the renovations to the Bond House (202 East Main Street) and the former Cockey’s Tavern (216 East Main Street) which would create a four building campus that would provide broader services to the community and stimulate economic development along the east end of Main Street. On Motion of Mr. Chiavacci, seconded by Mrs. Albert and unanimously passed, the Rules of Order and Procedure were suspended, to allow the simultaneous Introduction and Enactment of Resolution No. R01-9. Thereafter on Motion of Mr. Chiavacci, seconded by Mr. Ferguson and unanimously passed, Resolution No. R01-9 was adopted, content of which follows:

RESOLUTION NO. R01-9

RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF WESTMINSTER

SUBJECT: Approval of a project to renovate the Bond House (202 East Main Street) and Cockey’s Tavern (216 East Main Street) to create a four building campus that will provide broader public programming capability, enhance local tourism and stimulate economic development along the east end of Main Street in Westminster, Maryland.

WHEREAS, the State of Maryland Department of Housing and Community Development (“Department”) has established the Neighborhood Partnership Program (“NPP”) for the purposes of:

(1) (1) Assisting nonprofit organizations in carrying out approved projects to

improve welfare, health and economic conditions in designated revitalization areas;

(2) Encouraging businesses to make new or increased contributions to support community development projects in designated revitalization areas; and

(3) Strengthening private/public partnerships.

WHEREAS, the NPP can award tax credits to nonprofit organizations to be marketed to eligible Maryland businesses in exchange for contributions to achieve these purposes; and

WHEREAS, the Historical Society of Carroll County, a nonprofit corporation, proposes to undertake the project described above; and

WHEREAS, the Historical Society of Carroll County has applied to the Department for approval of tax credits for business entities that contribute to the project under the NPP; and

WHEREAS, the project is intended to serve an area that has been declared a “designated neighborhood” by the jurisdiction with the concurrence of the Secretary of the Department.

NOW, THEREFORE, BE IT RESOLVED by The Mayor and Common Council of Westminster that it does hereby support the project and submittal of an application by the Historical Society of Carroll County to the Department for participation in the NPP.

AND BE IT FURTHER RESOLVED by The Mayor and Common Council of Westminster that Resolution No. R01-9 shall become effective on the date of its passage and approval.

INTRODUCED this 10th day of September , 2001.

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John D. Dudderar, City Clerk

PASSED this 10th day of September , 2001.

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John D. Dudderar, City Clerk

APPROVED this 10th day of September , 2001.

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Kevin E. Dayhoff, Mayor

Approved as to form and legal

Sufficiency this 29th day of

August , 2001.

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John B. Walsh, Jr.

City Attorney

Ordinance No. 672, Text Amendment TA 01-03, Multiple-Family Housing for Older Persons, was Introduced for First Reading on Motion of Mr. Ferguson, seconded by Mrs. Albert and unanimously passed.

UNFINISHED BUSINESS:

Mr. Jim Slater, Carroll County Department of Public Works, Environmental Compliance Specialist, was called upon for an overview of the Memorandum of Understanding for the MS4/NPDES, Phase 2 program. Mr. Slater presented an extensive overview including the six task categories wherein the county agrees to work in partnership with the municipalities in the County to ensure mutual compliance with the law. The six categories are as follows: (1) Public education and outreach, (2) Public involvement, (3) Illicit Discharge control, (4) Erosion and Sediment control, (5) Stormwater Management Programs and (6) Good housekeeping. Discussion followed regarding some minor amendments regarding the language in the Memorandum. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chiavacci and unanimously passed, the Memorandum of Understanding for the MS4/NPDES, Phase 2 program was approved, contingent upon the aforementioned amendments.

NEW BUSINESS:

Mr. Beyard gave a brief overview of the Community Parks and Playgrounds Program Application Process, explaining that as part of Governor Glendening’s “Smart Growth” initiative, the State has dedicated $10,000,000 toward restoring and creating new park and green space systems in Maryland’s cities and towns. The City will be submitting an application for funds totaling $1,546,860 which will include projects in the following priority order: (1) Westminster City Playground Rehabilitation Project in the amount of $783,250, (2) Locust Lane Mall Project in the amount of $413,610 and (3) Wakefield Valley Community Trail Project – Phase 2B in the amount of $350,000. The application was approved on Motion of Mr. Chiavacci, seconded by Mr. Pecoraro and unanimously passed.

On Motion of Mrs. Albert, seconded by Mr. Ferguson and unanimously passed, with Mr. Pecoraro abstaining, the Deeds for Roads and Infrastructure of Cliveden Reach, Phases 3-A and 3-B were accepted.

DEPARTMENTAL REPORTS:

Mr. Dutterer reported that the work on the Annual Audit has begun. Mr. Ferguson, with the support of the Council, requested a quarterly report from the Finance Department rather than the full monthly financial report.

Major Brewer reported that the traffic signals at MD Rt. 140 and the newly opened Market Street at Westminster Marketplace have been activated with an accident occurring at 4:20 p.m., this afternoon, Monday, September 10, 2001.

Mr. Beyard noted that information regarding a new MD Rt. 140 Traffic Study was recently distributed. With the loss of the planned Westminster Bypass, the report indicated the State will be focusing on the area between Leidy Road and Sullivan Road. ADJOURN:

The Council President adjourned the meeting at 9:05 p.m.

LAURA A. WOMER

Acting Secretary