MOUNT AIRY TOWN COUNCIL MEETING MINUTES- OCTOBER 5, 1998 Attendees: Mayor Johnson; Council Members: President Delaine Hobbs, Secretary William Absent: None Others: Monika Jenkins, B. J. Dixon, Debbie Parker- Staff; and 32 residents/public and three reporters. ( Attendance attached). Wagner, David Pyatt, William Stroh and Laurie Hager. The meeting was held at the Town Hall, Councilman Hobbs called the meeting to order at 8: 00 p.m. and Weeblo Pack 460 led everyone in the pledge. Approval OfMinutes - No corrections or alterations, therefore Mr. Hobbs stated the September Town Council minutes stand as read. Meetings Held During The Month - A closed meeting followed the Sept. Council meeting pertaining to protecting the privacy or reputation of individuals with respect to a matter that is not related to public business, as allowed by State Gov' t Article 10- 508( a)2. Police Report- Mr. Hobbs gave the police report for September with 246 calls for service. The Mayor addressed how the resident troopers were able to bring under control the vandalism and graffiti in Twin Ridge caused by 3- 4 juveniles ( 13- 14 years old) which was done between 2: 00 - 3: 00 a.m. The Mayor questioned where are the parents? Mr. Hobbs felt scouts, civil air patrol and sport programs help keep kids out of trouble. Parks and Recreation & Beautification Commission Report: Mr. Pyatt gave the following report: During the month Town employees worked on drain at Prospect Park; fertilized and re- seeded Village Gate soccer field and fertilized new area of Summit Ridge ballfield; removed organizational logo at Watkins Park; paved around wall at Prospect Park and painted parking spaces and patched mural wall. POS grant for fence at Summit Ridge ballfield was approved. He reviewed the specifications and the following bids were received: Frederick Fence- $ 18, 875; Horst Fencing Co., - $ 21, 530; Long Fence22, 153. MOTION: Mr. Wagner moved to accept low bidder, seconded by Mrs. Hager. Vote: All in favor. The Mayor addressed how the ground needs to be dry before they install the fencing. Mr. Pyatt addressed how the Town is considering a skateboard facility at Twin Ridge as part of Twin Ridge Section III. Citizens attended the Parks Board meeting opposed to this location, but there was no attendance from the pro- group. Mr. Hobbs addressed how the Town is committed to a skate board park and there is a possibility that the County will work with the Town. The Town needs to get together general plans that can go on any parcel. Worse case would be that the skate park goes in Watkins Park, but he does not like that location because it would not be visible from the road. It was felt that there is enough information to move forward with the design plan. Roger Novack is willing to help with the design plan and they will talk with skateboarders for ideas. Mr. Hobbs would like to have the skate park by spring. Liability was discussed and kids will have to wear protective gear. The facility will be approximately 100' x 100'. Paul Mercer, a young skateboarder, felt the facility should have paid admission and be supervised by a paid employed to enforce regulations. TOWN COUNCIL MEETING MINUTES - OCTOBER 5, 1998 PAGE 2 Planning& Zoning( P&Z)Report:- Mr. Stroh gave the following report. At the September P& Z meeting Ordinance 1998- 6 recommended by the Town attorney was discussed; workshop regarding industrial zone will be held on 10/ 12 at 7: 30 p.m.; and 24 permits were issued during the month. Water And Waste Water- Mr. Hobbs gave the following report: Average water usage was 556,554 gallons/ day during the month. Town employees repaired and read water meters, painted and serviced hydrants, and worked on two water service leaks on Warfield Drive. There were 78 Miss Utility calls utilizing 37 manhours and 5 new connections. Due to the MOSHA work Mr. Hobbs asked for the Council' s approval to get bids on a computer and laser printer for the Maintenance Building. The Council agreed, and the Debbie will get the bids. Mr. Hobbs reported that a new larger sludge truck approximately $50, 000 - $ 60, 000) will be needed in a few months, and it was decided to advertise the old truck in the MML brochure. Mr. Hobbs felt we need to check to see how much it costs to have sludge hauled. Mr. Hobbs gave the WWTP report( attached): Original Sum $ 5, 319, 000 total completed to date $ 4, 750, 000 amounting to approximately 89% of total contract value and 314 days have been expended or 65% of the contract time. Streets and Roads: Mr. Wagner gave the following report: During the month Town employees cleaned drain inlets around Town; put up Fall Festival signs; cleaned up vandalism in Village Gate; put up various new street signs; painted arrows on Twin Arch Road by Century Dr. ; painted lines on various roads; put up 35 mile per hour sign on Twin Arch Rd.; cut back weeds on Ridge Avenue for guardrail and walk; swept various roads. There is $ 150, 000 in budget for repaving roads and to finish they will have to exceed the budget by$ 9,000. Mr. Hobbs has asked the Town engineer to get the price and have the contractor resurface where the crossing was made on Ridge Ave., so it will be continuous all the way down, and will cost approximately $ 1500. Mr. Wagner reported that the crosswalk from Anita' s Liquors across Route 144 is in the pipeline and he will talk to the State Highway Administration( SHA) regarding no right turn on red. Snow equipment is ready to go. With regard to the two new trucks talked about last month, Mr. Plunkard prepared specifications and request for bids will go out next week. Mr. Wagner reported that Frederick County will be putting in the sidewalk from the school entrance up to the playground at Twin Ridge Elementary School. Mr. Wagner listed the fence bids he received for the Village Gate storm water management pond: Frederick Fence 3, 995; Horst Fencing Co., - $ 5, 800; Long Fence- $ 6, 361. Mr. Wagner recommended going with the low bidder MOTION: Mr. Pyatt moved to go with the low bidder, seconded by Mrs. Hager. Vote: All in favor. Mr. Wagner has been requested to look into a three way stop at Park Ridge and Acorn Court. Mr. Hobbs expressed concern with stopping traffic frequently on a short road at every intersection. Recycling and Sanitation: Mrs. Hager gave the following report ( attached): A subcommittee of the Recycling & Sanitation Commission has been formed to study alternate plans for encouraging recycling. Residents can send ideas and concerns to Town Hall Attn: Recycling & Sanitation Commission. She reported that the average Mount Airy household puts out 49 pounds of trash each week. Frederick County trash tonnage July 109. 56 tons; August 117. 98 tons; and Sept. 145. 12 tons. At this rate we' ll average 1, 487 tons/year, and an average of 1. 277 tons of trash per household per year. With 1, 898 households thats 49. 17 pounds per week per household or 1. 277 tons per household per year. She addressed how a television station thought the Town was fining citizens and she made it TOWN COUNCIL MEETING MINUTES - OCTOBER 5, 1998 PAGE 3 clear that no one on the Council or Commission wants to increase taxes on trash or fine the citizens. They want to keep the tipping fees down and help the environment. Linda Norris with Frederick County Recycling came to the last Commission meeting and gave a presentation on the" pay as you throw" program. This project is only in the studying phase, and she addressed this proposed program. All stores selling trash bags will have signs showing which trash bags meet Town requirements. The Town does not require clear bags, but translucent. They are signing up volunteer groups for leaf pickup. Fall clean-up will be on October 24th for Town residents and she addressed the regulations. Bid requests for a special pickup of uncrushed cardboard is due on Oct. 30th The Mayor and Mrs. Hager met with Waste Management regarding trash pick-up problems. Due to missed pick-ups they are trying to get roll-offs donated for the Town clean-up. Mrs. Hager has a verbal commitment from Frederick County' s recycling office for our Carroll County residents to receive a blue recycling bin, and she addressed where these funds come from. She hopes to have Carroll County recyclables picked up by their contractor in the future, which will require a change in the residential hauling contract. Town Hall is looking at using recycled bond paper and our letterhead is already made of 50% recycled paper. All participants in America Recycles Day, under the age of 18, can win a trip to Disney in lieu of the dream home. Forms are available at Town Hall. The boy scouts are running a recycling essay contest. Recycler of the month for August is Myers Liquor Fertilizer. Recycler of the month for residents will be starting soon for both counties. Mayor' s Report: Mayor Johnson gave the following report: 1) He thanked everyone on the Festival on the Ridge Committee and Mrs. Morton for all their hard work. 2) With regard to past requests for the downtown property owners (on the Town Hall side of Town) to clean up the back of their properties, the Mayor has talked to them personally. The Train Depot is in the process of cleaning up their property very nicely, and the property owner at Area 31 has been sent a letter with ten days to clean up his property. The Town will finish cleaning up the property behind Town Hall when the poison has died. 3) The Mayor met with the County Commissioners regarding the Town County Agreement, and again this year he requested that it be changed to a five mile radius in which development occurs then the Town is notified, because these homes affect our infrastructure. The request was voted down again. Commissioner Dell informed the Mayor that he does not want municipalities telling the county what to do. The Mayor went ahead and signed the Town County Agreement or the Town would not have received the annual County Funds. The County did say they would set up a committee to study this request with all the Towns. The Mayor felt that only Mount Airy needs the five mile radius because of our location to rapid growth in the area. 4) Letter was received from Frederick County Maryland Municipal League ( MML) asking the Town to host a reception around the old McCroys in Frederick from 4: 30 - 7: 00 p.m. on 12/ 10 as part of Frederick 250th County' s birthday celebration. MOTION: Mr. Wagner moved for the Town to participate in the reception activities. Seconded by Mr. Stroh. Vote: All in favor. The Mayor will get the details. 5) At the September Council meeting the Mayor was given the authority to move forward in the purchase of a 500 gallon diesel and a 1000 gallon fuel above ground tanks. Tate Engineering with a card system' s cost is $ 16, 260.50. The proposal was sent to three bidders and Tate was the low bidder. The Mayor looked into using the 1000 gallon tank (owned by the State) for oil but the State does not want to use that large of a tank because they sometimes get a contaminated load. The Mayor addressed problems with spillage at the oil recycling center. 6) The Mayor reported that he is not TOWN COUNCIL MEETING MINUTES - OCTOBER 5, 1998 PAGE 4 satisfied with the waste management agreement between Frederick and Carroll counties. The Town wants to be responsible for payment of tipping fees. The agreement will be revised by adding another paragraph which would allow the municipality to choose if they want to be responsible for payment of tipping fees. The Council agreed for the Mayor to sign the agreement with the above noted change. 7) Carroll County MML meeting on 10/ 29. Attorney' s Report - Mr. Murray is on vacation out of the country. OLD BUSINESS 1. Festival on the Ridge- Mrs. Morton reported on the Festival on the Ridge and they will be getting a tally from the Carroll Council transit regarding the number of people they transported from the carnival grounds. She suggested that next year when the Council appoints a new chairperson that she would be the chairman of the board so she could help the new chairman, and this would continue each year. The amount of monies earned should be available at the next Council meeting. 2. Homestead Property Tax- At last month' s meeting the Mayor recommended the Homestead Property Tax be set at 103%. As discussed last month, the Town auditor- Mr. Wilson, ran figures and there will be a surplus. The Mayor now recommends that the homestead property tax be set at 100% with 0% cap. A preliminary financial report will be received soon and distributed to the Council. Mr. Wilson will be giving a financial report at the November Town Council meeting. MOTION: Mr. Wagner moved to go with 100% homestead property tax, seconded by Mr. Pyatt. Vote: All in favor. The Mayor addressed that the three areas surplus in coming from are 1) income tax, 2) road tax, and 3) interest on investments. 3. Proposed Ordinance 1998- 6- Recommendation from P&Z Commission. - Mr. Hobbs reviewed Ordinance 1998- 6, regarding standards for granting variances. This ordinance adds the term " practical difficulty" to our criteria for evaluating variance requests. The P& Z Commission voted to recommend approval of the Ordinance. INTRODUCTION: Mr. Pyatt moved to introduce Ordinance 1998- 6. Mrs. Dixon questioned if this Ordinance should go to public hearing? hearing is not needed in this case, but will check with Mr. Murray. Mr. Hobbs felt that a public NEW BUSINESS 1. Reduction ofLetter of Credit- Mount Airy Manors - The only bonding being held is for the storm water management pond in the amount of$ 5, 500, and the County has recommended release of all monies. MOTION: Mr. Pyatt moved to release the requested monies. Concern was expressed if the monies should be released, questioning if the pond is working properly. Mr. Hobbs felt it was alright to release the funds because the pond has been checked and it has been functioning with no problems. Seconded by Mr. Wagner. Vote: All in favor. It was explained that if there is a homeowners association and they own common ground, then they own their stormwater management pond. Discussion was held. the community? Mr. Hobbs asked if there was anything to come before the floor for the good of TOWN COUNCIL MEETING MINUTES - OCTOBER 5, 1998 PAGE 5 2. Proposed Ordinance Regarding Dumping of Trash into Town Limits and Dumping Compost over Compost Site Fence When Sit e is Closed-( Not On Agenda) Mrs. Hager addressed how she has been reading Chapter 64 of the Town Code. MOTION: Mrs. Hager moved to add a clause to Chapter 64 of the Town Code making it illegal, a municipal infraction, for anyone to transport their trash into Town for collection by the Town contractor, but specifically exempt anyone bringing yard waste and transporting it to the compost location. It was agreed to by the county that in order for us to use the mulcher the Town would allow the County yard waste to come into the compost facility. Due to a recent court case, the Mayor recommended an amendment to the motion to add: Anyone who dumps materials over the fence of the compost site, when the compost site is closed will be given a municipal infraction. Mrs. Hager agreed, but would like this to be a separate motion. Mrs. Hager noted that Mrs. Norris is getting a sign for the compost site, as requested by the Mayor, indicating that this it is a municipal infraction to dump material over the compost site fence with the facility is closed. Mr. Hobbs noted that he only needs an introduction for an Ordinance, and it was decided the proposed Ordinance will be turned over to Mr. Murray for legal sufficiency. Mr. Mann, candidate for Carroll County Commissioner, was present and offered to answer any questions. BILLS: MOTION: Mr. Wagner moved to consider the bills read, seconded by Mrs. Hager. Vote: All in favor. ADJOURNMENT: Mr. Hobbs adjourned the regular meeting at approximately 10: 00 p.m. Respectfully Submitted by: William E. Wagner, J Secretary Prepared by: Debbie Parker