19970512 and 19970519 Westminster Council Meeting Minutes

19970512 and 19970519 Westminster Council Meeting Minutes

CITY OF WESTMINSTER, MARYLAND

May 12, 1997

QUORUM:

A meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of May 12, 1997, at 7:00 p.m. Mayor Yowan; Council President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Department Heads Beyard, Dutterer and Leppo; and City Attorney Walsh, were present.

MINUTES:

The Minutes of the meeting of April 28, 1997, and Budget Hearing of May 5, 1997, were approved, on Motion of Mrs. Albert, seconded by Mr. Halstad and duly passed.

BID:

The bid for a combined Phase I and II Archeological Investigation of the Fenby Farm Quarry and Lime Kiln Site, was awarded to Heritage Resources, Inc., in the amount of $28,551.00, on Motion of Mr. Chapin, seconded by Mrs. Albert and unanimously passed. The archeological investigation is necessary prior to the development of the site into an interpretative park. Both City staff and the Maryland Historical Trust, which must concur with the selection, felt the proposal of Heritage Resources, Inc., although not the lowest bid, was the bid that most suitably addressed the scope of work and purpose of the investigation. The City had appropriated $20,000.00 in the FY ‘95-96 Capital Budget and $2,000.00 of in-kind services, as matching funds towards a grant through the Maryland Historical Trust for the project.

REPORTS FROM MAYOR:

...Mentioned that he had talked, for three to four hours today, with Mr. Jerry Toadvine, a write-in candidate for the office of mayor in today’s election. He felt the discussions were very amicable and that they both found that the points they agreed on far exceeded those on which they disagreed.

...Acknowledged the presence of Mr. Steve Halstead, Assistant Scout Master, and members of Boy Scout Troop 381, who were observing the meeting to fulfill merit badge requirements.

REPORTS FROM STANDING COMMITTEES:

Public Safety:

Mr. Halstad announced that there were approximately 400 people in attendance at the Westminster Police Department’s ninth annual “Say No To Drugs” Awards Night held at Friendship Valley Elementary School, on May 8, 1997. Over 1,000 students participated in the contest, and he urged the Council to continue the commitment to this annual event.

Parks Board:

Mr. Pecoraro presented a recommendation from the Parks Board to permit the Westminster Optimist Club to locate a 20' x 20' prefabricated storage shed in the Jaycee Park on approximately the 50-yard line of the football field, in foul territory between softball fields 2 and 3, at the fence line. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed, the recommendation of the Parks Board was approved. The Optimist Club will be allowed to utilize the flat-roof structure for announcing purposes during their football games. Mr. John Meyer, from the Optimist Club, was in attendance at the meeting.

Mr. Pecoraro also reported that he had represented the City at the annual membership meeting of the Carroll County Arts Council held on May 10, 1997. Outgoing Executive Director, Hilary Hatfield, was recognized for her contributions to the community, over the past five years, on behalf of the Arts Council. The donation by Mrs. Dorothy Tevis of her home on Bond Street, for a future, permanent headquarters for the Arts Council, was also announced at the meeting. Mr. Chapin recommended that The Mayor and Council extend its official appreciation to Hilary Hatfield, as well, for the remarkable job she has done and the contributions she has made to the City while serving as Executive Director of the Arts Council.

Planning and Zoning Commission:

Mr. Chapin reported on the various topics of mutual interest that were discussed at the joint meeting of the County and City Planning and Zoning Commissions held on May 1, 1997, including the Master Sewer and Water Plan, with an interest by the County in extending these services to Finksburg, and better coordination of projects on the City/County border. At the May 8, 1997, meeting of the City’s Planning and Zoning Commission, Dr. Lester Surber, Supervisor of School Facilities for Carroll County, advised that the next high school to be built, which was planned for the Westminster area, may now be constructed in the South Carroll area. The expansion of the County Jail, to house an additional 120 inmates, was also discussed and whether such a facility should be located in an urban or rural area; however, it appears that the expansion will occur at the present site.

Mayor Yowan suggested that the scheduling of joint meetings of the two Planning and Zoning Commissions on a more frequent basis, would perhaps be beneficial. Mr. Chapin stated he suggested that the County work, also, through the local Carroll County Chapter of the Maryland Municipal League.

ORDINANCES AND RESOLUTIONS:

Mr. Pecoraro presented a proposal to reduce the proposed tax rate increase for FY 1997-98 from $0.06 to $0.05, which was a result of citizen input received at the Budget Hearing held on May 5, 1997. It is anticipated that a probable increase in Income Tax revenue will be sufficient to provide the funds that would have been generated by the additional $0.01 of tax rate increase. A Motion by Mr. Pecoraro to amend Tax Rate Ordinance No. 618 to reflect a $0.05 tax rate increase instead of a $0.06 tax rate increase was seconded by Mrs. Albert and duly passed, with voting recorded as follows:

Ayes - Mrs. Albert, Messrs. Halstad and Pecoraro
Nay - Mr. Chapin

Tax Rate Ordinance No. 618, as amended, which sets a tax rate of $0.88/$100.00, for FY 1997-98, was approved, on Motion of Mr. Pecoraro and seconded by Mr. Halstad, with voting recorded in the following manner:

Ayes - Mrs. Albert, Messrs. Halstad and Pecoraro
Nay - Mr. Chapin

On Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, the Rules of Order and Procedure were suspended to allow the simultaneous Introduction and Enactment of Resolution No. R97-2, which provides for a fee of $500.00 for the cost of appeals to the Board of Zoning Appeals from any decision made by an administration official. Thereafter, on Motion of Mr. Pecoraro, seconded by Mrs. Albert and unanimously passed, Resolution No. R97-2 was adopted, content of which follows:

RESOLUTION NO. R97-2

RESOLUTION of The Mayor and Common Council of Westminster

SUBJECT: Filing Fees for Application to Amend the Zoning Ordinance Text, and the Zoning Ordinance Map, and for Applications for Special Exceptions, Variances and Appeals from Administrative Officials

WHEREAS, Chapter 164 of the Code of the City of Westminster provides for the establishment by The Mayor and Common Council of Westminster of filing fees for applications to amend the Zoning Ordinance Text and the Zoning Ordinance Map, and for applications for special exceptions, variances, and appeals; and

WHEREAS, on January 25, 1993, The Mayor and Common Council adopted Resolution No. R93-1, establishing filing fees; and has subsequently revised said fees from time to time; and

WHEREAS, The Mayor and Common Council has determined that an adjustment should be made regarding appeals from orders, requirements, decisions, or determinations made by an administrative official with respect to Chapter 164 or relating thereto;

NOW, THEREFORE BE IT RESOLVED by The Mayor and Common Council that the following fees are established for filing applications for amendments to the Zoning Ordinance Text and Zoning Ordinance Map:

For applications for amendment of the Zoning Ordinance Text - $750.00

For applications for amendment of the Zoning Ordinance Map

For parcels of land 25 acres or less - $1,250.00

For parcels of land in excess of 25 acres - $1,250.00 plus $50.00 for each acre over 25

For parcels of land for which the Historic District Zone is sought - 0.00

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the following fees are established for filing applications for special exceptions, variances, and appeals from an administrative official’s order, requirement, decision or determination:

Applications for owner-occupied special exceptions - $250.00

Applications for special exceptions for day care facilities for up to eight (8) children or elderly persons - $250.00

Applications for all other special exceptions - $1,000.00

Applications for owner-occupied variances - $150.00

Applications for all other variances - $500.00

Appeals from any order, requirement, decision or determination made by an administrative official with respect to Chapter 164 or any ordinance adopted pursuant thereto - $500.00

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the Zoning Administrator is authorized to issue procedures for the payment of fees for applications for special exceptions.

AND, BE IT FURTHER RESOLVED by The Mayor and Common Council that the fees established in this Resolution shall supersede and replace the fees adopted in Resolution Nos. R90-2, R90-9, R92-4, R93-1, and R96-2.


INTRODUCED this 12th day of May, 1997.


_____________________________
John D. Dudderar, Clerk

PASSED this 12th day of May, 1997.


_____________________________
John D. Dudderar, Clerk

APPROVED this 14th day of May, 1997.


_____________________________
Kenneth A. Yowan, Mayor

Approved as to legal form
and sufficiency this 1st
day of May, 1997.


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John B. Walsh, Jr., City Attorney

UNFINISHED BUSINESS:

Mr. Pecoraro noted the change in the Income Tax revenue projection of the proposed FY 1997-98 General Fund Budget from $700,000.00 to $733,400.00. Thereafter, on Motion of Mr. Pecoraro, and seconded by Mr. Halstad, the General, Water and Sewer Fund Budgets, and Capital Improvements Program, were approved, with voting recorded as follows:
Ayes - Mr. Pecoraro, Mr. Halstad and Mrs. Albert
Nay - Mr. Chapin

Prior to the vote on the Motion, Mr. Chapin read a prepared statement that included his objection to an increase in the tax rate; his belief that increased revenues would be forthcoming from the County’s piggy-back tax hike and an increased amount that would be paid to the City through the County/City revenue payment; and his challenge to the Council that if taxes are raised for the sole purpose of repairing roads and making a contribution to the fire hall, and the necessary revenue to do so is generated elsewhere, that the excess revenues be refunded to the citizens.

NEW BUSINESS:

On Motion of Mrs. Albert, seconded by Mr. Pecoraro and unanimously passed, the Mayor and Council meeting of Monday, May 26, 1997, was cancelled due to the Memorial Day holiday.

The following “Statement Or Return of Election” was presented by Chief Election Judge, Nancy A. Smelser:

“STATEMENT OR RETURN OF ELECTION

To The Mayor and Common Council of Westminster:

We the undersigned Judges and Clerk of the Biennial Municipal Election, held in the City of Westminster, Maryland, on Monday, May 12, 1997, (between the hours of 7 o’clock A.M. and 7 o’clock P.M.) for the election of Mayor and two Council Members to serve as members of the Common Council for the City of Westminster for four years commencing on the Third Monday of May, 1997, do hereby certify that the polls were opened at 7 A.M. and closed at 7 P.M. on this 12 day of May, 1997, and that at said election the whole number of votes cast was 903 and of that number those cast for the candidates for the respective offices was and is as follows:

FOR MAYOR NUMBER OF VOTES

Kenneth A. Yowan 227
Jerry Toadvine 121

FOR COUNCIL MEMBERS NUMBER OF VOTES

Edward S. Calwell 268
Damian L. Halstad 287

And it appearing that Mayor Kenneth Yowan and Edward Calwell and Damian Halstad for Common Council received a majority of the votes cast, we the undersigned Judges and Clerk of the election, do hereby certify and proclaim that the aforenamed persons were duly and fairly elected to their respective offices for four years.

And it further appearing that Kenneth Yowan, Edward Calwell and Damian Halstad were the 3 candidates who received the highest number of votes cast for Mayor and Common Council we do hereby declare that they will hold office for the four years.

And we do further certify that the above statement is correct in all and every respect, and that notice has been given to the candidates of their election.

Witness our hands this 12 day of May, 1997

s/ Nancy A. Smelser

s/ Fred L. Plunkert

Chief Judges”

DEPARTMENTAL REPORTS:

Mr. Dutterer noted that as soon as the appropriate amendments are made to the Budget papers, he will distribute the revised copies.

Chief Leppo thanked Mr. Halstad for his attendance at the “Say No To Drugs” Awards Night which was very well attended, and many favorable comments were expressed by parents and other relatives who were present.

Mr. Beyard commented that the filming of the movie “For Richer or Poorer,” with Tim Allen and Kirstie Alley, in the downtown area on May 5 and 6, 1997, went well, thanks, primarily, to the efforts of Police Department and Public Works personnel. Numerous local merchants benefited from the filming since many items that were needed were purchased locally.

CITIZEN COMMENTS:

Ms. Patty Keener, downtown merchant, commented on how nice the town looked during the movie filming, with all of the flowers the film crew had planted which have since been removed, and requested that money be allocated to provide flower plantings to make the town as attractive as it was during the filming of the movie.

Mr. Jesse Lockard, Buena Vista Drive, stated that he felt that a property tax increase was not needed at this time.

Mr. Daniel Levasseur, who moved here two years ago from Boston, was opposed to bringing MTA bus service into Carroll County and Westminster because of the increase in crime that will come with it. Mayor Yowan responded that his suggestion to consider MTA commuter buses between Westminster and the Owings Mills Metro Station, perhaps from a Park and Ride Lot located on Route 140, was only presented for discussion purposes at the joint meeting of the County and City Planning and Zoning Commissions held on May 1, 1997. Mr. Pecoraro commented that with the State Legislature requirement of the Mass Transit Administration that 50% of the cost of operation come from rider fares, the chances of bus service becoming a reality are not likely.

Ms. Joan Dopson, Finksburg, stated her objections to MTA bus service coming into Carroll County.

Mr. Robert Cumberland, Westminster area resident, mentioned that many years ago there was a private bus service that operated between Westminster and Baltimore, and eventually, the service was discontinued due to lack of ridership. He is not in favor of MTA bus service, but realizes that because people complain about pollution and traffic congestion, other alternatives need to be looked at, also.
As Vice President of the Westminster Fire Department, Mr. Robert Cumberland advised that the membership of the Fire Department voted, at their May meeting, to leave the bell in the clock tower as had been requested in Mrs. Albert’s Memorandum dated April 22, 1997, if an agreement can be drafted granting the requests contained in his Memorandum dated May 12, 1997, which was presented to the Mayor and Council.

Mrs. Laurie Walters, Park Avenue, stated that she intends to contact the Board of Education in support of a new high school for the Westminster area, and encouraged the Mayor and Council to offer their support, as well. Mayor Yowan and Messrs. Halstad and Pecoraro clarified several questions regarding the tax rate increase, which she did not oppose, and the Budget preparation process.

Mr. Brian Hogan, Ruby Drive, felt that a high school is definitely needed in the Westminster area and that we need to put up a fight for it. Mayor Yowan advised that he would draft a strong letter to the Board of Education in support of a new high school for Westminster. Mr. Hogan also requested that the Election Committee provide better posted instructions with regard to write-in votes at future elections.

Mr. Jerry Toadvine, Buck Cash Drive, a write-in candidate for the office of Mayor in today’s election, complimented Mayor Yowan on the gentlemanly manner in which he conducted himself at the polls today. He questioned whether Mayor Yowan had objected to the extension of light rail to Westminster when it was mentioned at the joint meeting of the County and City Planning and Zoning Commissions on May 1, 1997. Mayor Yowan replied that he had not because it would be a very expensive alternative which he felt was not really a possibility.

Executive Director of Greater Westminster Development Corporation, Doug Mathias, invited everyone present to attend the Second Annual Business History Walk Tour to be held on Saturday, May 17, 1997, from 12:00 noon to 4:00 p.m.

ADJOURN:
The meeting was adjourned by the Council President at 8:35 p.m.


MARY ANN KELLY
Secretary

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CITY OF WESTMINSTER, MARYLAND

May 19, 1997

The Biennial Organizational Meeting of The Mayor and Council was held in the City Hall Council Chambers on the evening of May 19, 1997, at 7:30 p.m. Holdover members of the Legislative Body, Council Members Albert, Chapin and Pecoraro; newly re-elected Mayor Yowan, and Council Members Calwell and Halstad; Department Heads Beyard, Dutterer and Leppo; and City Attorney Walsh, were present.

Clerk of the Circuit Court of Carroll County, Larry W. Shipley, administered the Oath of Office to newly re-elected Mayor Yowan, and Council Members Calwell and Halstad.

On Motion of Mr. Chapin, seconded by Mr. Halstad, Mr. Calwell was nominated as President of the Council. Thereafter, on Motion of Mr. Pecoraro, seconded by Mr. Chapin and unanimously passed, the nominations were closed and Mr. Calwell was declared Council President by acclamation.

Mr. Chapin was elected as Council President Pro Tem, on Motion of Mr. Halstad, seconded by Mr. Pecoraro and unanimously passed.
Mayor Yowan requested that Council Committee assignments be delayed until the next meeting of the Legislative Body, with the exception of Mr. Chapin’s appointment at this time as Council Liaison to the Town Center Corporation.

On Motion of Mr. Halstad, seconded by Mr. Chapin and unanimously passed, a closed meeting was scheduled to immediately follow the regular session, to consider a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice, as authorized in Sect. 10-508(a)(3) and (7) of the State Government Article of the Annotated Code of Maryland.

The closed meeting held at 7:50 p.m., immediately following the regular session, in City Hall, was attended by Mayor Yowan; President Calwell; Council Members Albert, Chapin, Halstad and Pecoraro; Mr. Beyard and City Attorney Walsh. A unanimous vote authorized the meeting for the purpose of considering a matter that concerns the acquisition of real property for a public purpose and matters directly related thereto, and to consult with counsel to obtain legal advice. The action taken at the meeting was to request the extension of time on an Option Contract.

President Calwell adjourned the meeting at 7:40 p.m.

JOHN D. DUDDERAR
City Clerk

Westminster Dept Finance Budget 1997 - 1998 FY, Westminster Dept Finance Budget Tax Issues, Westminster Council Meeting Minutes,