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2002-06 Council Minutes


Town Council Meeting - June 12, 2002
Present: Mayor Sam Pierce, Council Members Neal Roop, Terry Petry, Ed Palsgrove and Jay Gullo, Town Attorney Michelle Ostrander and Acting Town Clerk Cindy Welker. There were 20 people in attendance.
Call to Order: Mayor Pierce called the June 12, 2002 Monthly Town Council Meeting to order at 7:03 p.m. He then led the Pledge of Allegiance.
Recording and Agenda Policies: Mayor Pierce stated that the Town Meeting is recorded by electronic means and that the meeting will follow an Agenda. Anyone who wished to have a matter placed on the Agenda needs to submit the topic to the Mayor in writing by the last Wednesday of the month.
Previous Meeting Minutes: A motion to accept the April 3, 2002 minutes with the deletion of ”line by line” was made by Councilman Gullo and seconded by Councilman Petry. Motion passed 4-0. A motion to accept the May 1, 2002 minutes was made by Councilman Gullo and seconded by Councilman Roop. Motion passed 4-0. A motion to accept the April 15, 2002 minutes was made by Councilman Gullo and seconded by Councilman Palsgrove. Motion passed 4-0.
Mayor’s Report: Mayor Pierce stated that there were several items on his report.
Water Situation – He stated that months ago the Town put into effect a voluntary water ban, but since then, Governor Glendening has issued mandatory water restrictions. He then stated that the water usage had gone down slightly, but is now back up and the water supply is down.
Water & Sewer Rates – Mayor Pierce stated that there is a study going on with the County and State to help figure out new rates for the Town. The new rates could go into effect as early as October 1, 2002. There will be a Public Hearing once the new rates are determined.
Missing Ordinances – Mayor Pierce stated that there were several resolutions that were missing. The first one went back to February 2001 concerning the Tie Vote which the Mayor had an unsigned copy. Another was the Junk Car Ordinance. The Mayor stated that he did have a signed copy of this ordinance, but neither one has been codified in the Town Codebook. Councilman Gullo stated that the Mayor might want to look for a copy of the ordinance on the Employee Campus, which has never been codified either. Councilman Gullo informed the Mayor the he may want to check with Marker Lovell to see if he had the originals. Michelle stated that the Employee Campus would be codified when the new zoning ordinances are done.
Annexations – Mayor Pierce’s next item was the annexation of Mr. Fischbach and Mr. Grimes. He stated that these two annexations were never recorded properly at the time of the annexation. He stated that they have recently been recorded and are officially annexed. He then stated that the question as to collecting back taxes was raised previously. The State Department of Assessment stated that they would not go back to the original date of when the annexation was signed and collect taxes, but to the date when it was recorded. The question was raised as to whether Mr. Grimes has paid his legal fees. Mayor Pierce stated that he has not, but is aware of his obligation. Another questions was raised as to whether there was a timeframe on hooking up to the Town system once they are annexed. Michelle stated that there is a requirement, which is set by the Health Department.
Council Committees – Mayor Pierce stated that he has made up council committees and a copy has been given to the council members and a copy will be posted on the Town bulletin board.
Resolution 5-1-02: Mayor Pierce stated that the council had a copy of the Resolution that was passed at the last meeting by Councilman Gullo. He stated that the changes and suggestions have been incorporated into the copy and felt that the resolution needed to be reconfirmed. Councilman Gullo stated that item #3 needed to reflect what the minutes, which were adopted tonight, stated.
Bid for Dennings Well: Mayor Pierce stated that the first order of new business was the awarding of the Dennings Well Project. Michelle read a resolution for awarding this bid. This resolution was called Resolution #6-12-02. After Michelle read this resolution, Councilman Gullo stated that he felt that the resolution should reflect that the Town would be borrowing money from the General Fund until they receive the funding from the State. Michelle felt that this could be done in a separate document and it didn’t need to be in the resolution. Mayor Pierce stated that the Town has received a telephone call stating that the application submitted to MDE for the long term financing for the Dennings Well Project, new water tank and the raw water tank, which will be replacing the reservoir, has been approved. The Town has been approved to receive funding for the Dennings Well Project at this time, the tank and raw water tank has been approved, but funding will not be approved until the Town is ready to move on them. A motion to approve Resolution 06-12-02 was made by Councilman Palsgrove and seconded by Councilman Roop. Motion passed 4-0. A motion was made by Councilman Gullo as to any funds expended by the General Fund pursuant to Resolution 06-12-02 be in a form of a loan and be paid off and interest shall accrue at the rate of prime plus 2% and seconded by Councilman Palsgrove. The motion passed 4-0. Councilman Gullo asked the Mayor if this motion could be written out and a copy be given to the Council.
The Mayor then moved on to the awarding of the bid for the Dennings Well Project. He stated that the plan specifications were prepared by the Town Engineer, ARRO, there was a prebid meeting on May 8, 2002 at Town Hall and the bids were opened on May 15, 2002. He stated that there were three bidders and read the names and bids aloud. Mayor Pierced stated that Joe Moss, from ARRO, was at the bid opening and also reviewed the bids and through a letter dated May 16, 2002 recommends the low bid from W.F. Delaughter and Sons for $137,958.50. A motion to accept this bid was made by Councilman Palsgrove and seconded by Councilman Petry. Motion passed 4-0.
Authorization of Transfer Money:Mayor Pierce stated that the Enterprise Fund needed to borrow money from the General Fund to pay on the Tibbetts Lane Loan. He stated that several years ago the Town borrowed money from the County to put in the Tibbetts Lane waterline. The Town was paying this loan off with no interest over a period of years. Last year the County sent the Town a letter stating that the contract was expired and the Town needed to set up a payoff schedule for a five (5) year pay out. The balance as of June 30, 2001 was $99,402.34 and the first payment is due June 30, 2002 in the amount of $19,8S0.47 principal and interest of $3,230.57, which totals $23,111.04. Mayor Pierce stated that the interest rate on the loan is 3.25%, which will change each July. Councilman Gullo asked whether the U & 0 fees and the sprinkler fees were being paid to the County. Mayor Pierce stated that they were not as per the County’s suggestion. The County felt that it would be less confusing to make one payment a year instead of several. Councilman Palsgrove asked the Mayor if the whole amount needed to be borrowed. Mayor Pierce stated that it did. Councilman Gullo made a motion to authorize the transfer from the General Fund to the Enterprise Fund in the sum of $23,111.04 to pay the loan back. The loan should be paid back to the General Fund at the interest rate plus 2%. Any revenue that the Town receives from any of the funds that target this loan, specifically the U 8’c 0 fee and sprinkler fees should be used to pay off this loan and was seconded by Councilman Roop. Motion passed 4-0.
PWA for Booster Pump Station: Michelle stated that the Council had the original draft and she has incorporated into the draft the suggestions and changes made by the Council members, but the developers have not seen this PWA yet. Michelle stated that the draft before the Council tonight was what she felt the Council wanted. She has also gotten information from Joe Moss that she felt was helpful. Michelle stated that the draft was ready for the developers to put in their figures from the engineer. Mr. Bill Schneider stated that the usual process was the plans were approved first and then the PWA was passed. Michelle stated that to the best of her ability all of the Councilman’s comments were incorporated into the draft.
Councilman Gullo asked Michelle if his comment regarding whether the water pressure was determined by the County or State regulations was addressed. Michelle informed him that the County has adopted the State regulations for water pressure requirements according to Mr. Mike Maring with the County. Another comment he was questioning was the space requirements at the site. His concern was that there were several companies already on the site and that the last guy through the door would not be able to place their equipment at the site. He thought it would be beneficial to have a site plan showing the area for each individual company’s equipment. Michelle felt that someone would have to review the plans to make sure there is enough room for everyone. Councilman Gullo suggested that the Town Engineer come up with a comprehensive plan showing the different lots for each company and the waterlines. Mayor Pierce suggested contacting Joe to design a master plan for this site and everything would have to go through him for approval.
Michelle handed a copy of the draft to the developers for their comments and ideas. Mr. Schneider stated that a draft of the design would be given to Joe within two weeks and they hope to have approved plans back from Joe within a month. After the developer receives approved plans, they feel that they can have the booster pump station up and running in four (4) months.
Councilman Gullo stated that the plan was contingent on adequate fire flow and this is what the Council has been discussing. Councilman Gullo stated that he felt whatever the fire flow was is what it is and the developer shouldn’t be required to increase the flow, but they shouldn’t be allowed to diminish it.
PWA for Phase 2B: Mayor Pierce stated that Michelle had a draft for the Council and developer, which she handed out to all of them.
Zoning Ordinances: Mayor Pierce stated there would be a presentation of the zoning ordinance changes. He stated that the Council had a packet of changes on the zoning. He suggested that the Council take it with them and look it over and bring their ideas and comments to the Work Session on June 17, 2002.
Councilman Gullo stated that 66B requires that the Town usually introduces a zoning ordinance change then it gets reviewed by the Planning Commission for their recommendations and then it comes back to the Council and at that time the Council can do what they want. He was wondering since the Planning Commission did it, if this was coming back to the Council for approval. Michelle stated that she was not around when the changes began, so she didn’t know how the process got started. Michelle stated that the Planning Commission worked very closely with the County Planner regarding different issues. Councilman Gullo’s concern was whether the Town would meet the requirements of 66B. Michelle was not sure at this time, but stated that she would check it out. She wasn’t sure whether this was a mandatory route or just a suggested route.
AT & T Proposal: Mayor Pierce stated that he received a proposal from AT & T Wireless to put their antennas on the water tank. He turned this proposal over to Michelle for her to review. Michelle stated that this was standard text and that she felt there was no problem with it from the legal aspects. She felt that there might be some financial terms that the Council should discuss. Mr. Joe Luellan handed the Mayor the site plans for AT & T Wireless. Mayor Pierce suggested that the Council review and discuss this contract at the Work Session on June 17, 2002. Joe stated that if the Council would approve this contract at the next Council Meeting, AT & T Wireless would be willing to pay the Town $ 1,500.00 up front instead of $1,000.00. Mayor Pierce stated that he would get a letter to Mr. Luellan with the suggestions from the Council and that it would have to be coordinated with Joe Moss.
Resident’s Concerns:
Bill Geelhaar – Mr. Geelhaar was wondering who would enforce the dog and junk car ordinances since there was no code enforcer for the Town. He also brought to the Council’s attention a flier of the Governor’s mandatory water restrictions.
Patrick Burke – Mr. Burke suggested that the Town send out a letter with the Governor’s restrictions attached to the residents of the Town. He also thought that monies should be set aside instead of borrowing money from the General Fund.
Steve Farkas – Mr. Farkas was wondering what the status of the generators was. He also was concerned about the truck traffic coming down Route 31 from Westminster and Frederick. He stated that the trucks are using their ”Jake Brakes”. He was wondering if the reduce speed or the speed limit signs could be moved further out Route 31 towards Westminster and Frederick. Mayor Pierce informed him that he would contact the State since these were State roads. He even suggested maybe posting a sign indicating that the use of ”Jake Brakes” are prohibited in Town limits.
Councilman Neal Roop – Council Roop asked the Mayor if he could look into borrowing the State’s street cleaner. He stated that this has been done in the past.
Announcements: Flag Day will be held June 15, 2002 at 10:30 a.m. at the Springhouse. There will be history of the Town shared that day. The Heritage Committee is handling this event.
Next Town Council Meeting will be held July 2, 2002 at 7:00 p.m. in the New Windsor Fire Hall.
Councilman Palsgrove stated that he would not be present at the next meeting.
Adjournment: With no other business before the Council, the meeting was adjourned at 8:40 p.m.
Cindy L. Welker, Acting Town Clerk

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