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[0:32]
Good evening everyone. Welcome to the
Mar and City Council Workshop Wednesday,
[0:34]
September 9th, 2026. If you'd please
stand with me for the pledge of
[0:37]
» allegiance
[0:45]
to the flag of the United States of
America and to the republic for it
[0:50]
stands one nation under God indivisibley
and justice for all.
[1:03]
Please show all council members present.
Um, up next we have review of the
[1:06]
minutes. Review of the minutes from
August 17th, 2026 combined meeting. Is
[1:11]
there any questions, comments, concerns
from council regarding that
[1:15]
hearing? None. I'm proceeding forward to
public hearing ordinance 10-2026
[1:19]
accessory dwelling units. I'm opening up
for public the public hearing and will
[1:23]
be open till the end of this meeting. If
you have something you'd like to say in
[1:26]
in regards to accessory drawing units,
please uh raise your hand. I'll ask you
[1:30]
to come to the podium. Um other than
that, I am heading down to council
[1:34]
member statement regarding conflicts of
interest on agenda items. Would any
[1:37]
council members like to make a statement
today?
[1:43]
Hearing none, I am proceeding forward to
public comment pertaining to agenda
[1:46]
non-aggenda items. To comment on a
specific item after has been discussed
[1:49]
by council, please assign up with the
city clerk and you'll be asked to come
[1:51]
forward at the appropriate time. Is
there anybody who would like to make
[1:54]
public comment today?
[2:06]
» Okay. So, like on a specific item,
>> I have I have several I have several
[2:10]
questions concerning I'm doing an
article on quality of life in small
[2:13]
towns in
>> Okay.
[2:15]
» And I have some questions concerning
issues.
[2:19]
» Okay. Okay. Um,
did you want to did you want to do that
[2:23]
now?
>> Yeah, we can we can do that now.
[2:41]
» Good evening, ladies and gentlemen of
the city of Tony Town. My name is Eric
[2:45]
Bender. I am representing the Emittsburg
News Journal as an investigative
[2:50]
reporter. I'm doing a uh story on
quality of life in small towns in the in
[2:57]
state of Maryland. And I have several
questions um concerning uh issues around
[3:02]
the city of Tony Town. Um one of them is
is we kind of get the feeling that the
[3:07]
city doesn't care about senior citizens
and children. Um, the Maryland
[3:13]
Department of Environment has had on the
law on on the books for years concerning
[3:19]
the storage of tires outside collecting
rainwater. Now, I'm sure many of you
[3:23]
know that mosquitoes can breed inside
tires. And there's a lot of diseases
[3:29]
that elderly people are susceptible for.
And by eliminating standing water,
[3:35]
especially in used tires, uh we can
reduce the possibility of senior
[3:39]
citizens getting sick and dying. Um the
other issue is this goes back
[3:46]
my my time in school. Maryland state law
requires children 16 and under to wear
[3:53]
protective head devices.
I see kids riding around town all the
[3:58]
time without any protective devices on
their head. Um that's an issue. Uh we've
[4:05]
had a lot of instances where bicycles
and automobiles have been colliding
[4:09]
recently. Uh I don't think the recent
incident I don't believe that kid had a
[4:13]
helmet on. So that's those are those are
issues that can be prevented very
[4:18]
easily. Um one of the other issues that
I that I've noticed about is uh there
[4:24]
was a period of time where permits were
required for fencing. Um, a business in
[4:29]
Tony Town pointed out another business
uh putting up a fence. Their permit
[4:34]
expired and then they uh had to be re
reissued a permit to build the fence.
[4:41]
The fence still wasn't completed. My my
issue is is maybe if the city had
[4:46]
followed through and made sure that that
fence was completed, then Tony Town
[4:51]
Collision would have had a proper
storage yard and that precious school
[4:55]
bus wouldn't have been vandalized or
whatever and that 11-year-old kid
[4:59]
wouldn't become a issue for the town as
it is right now. Um, the other issues
[5:04]
that we have is lighting. Maryland state
highway has required requirements for
[5:12]
lighting along the right ofways along
state roads. Maryland 140 is a state
[5:18]
highway. Correct.
>> Correct.
[5:20]
» Okay. Do you think that the light at
Bissimos and the lights at uh at uh at
[5:27]
Hedelbridal Insurance are doing good to
the benefit of the people driving or are
[5:32]
they blinding people when they're
driving?
[5:35]
I don't notice them in particular when
I'm driving by.
[5:37]
» I I I you should uh look at the at the
zoning laws. The lighting trespass onto
[5:44]
the highway blinding people is an issue.
It is a
[5:48]
» I drive I drive it at night both to and
from work many many times. I've never
[5:52]
noticed it an issue.
>> I also drive it right. Um it is it is in
[5:56]
violation. If you go by Jarball down in
Westminster on 140 there, those lights
[6:01]
blind you. Also, there's there's several
issues on that. Um, there's also
[6:07]
Maryland State Highway has
uh laws about signage, illegal signs
[6:13]
along the state highway roads. Now, as
many of you know, I'm going around and
[6:17]
I'm putting stickers on signs, trying to
prompt people to complain, to enforce
[6:23]
the law because several years ago, I
went around Carroll County and pulled up
[6:28]
every single sign and put it in front of
the county office building. I got called
[6:33]
into the commissioner's office. I
pointed out the law. Now, the city, any
[6:38]
municipality, according to the way that
the law is written, can be collecting a
[6:42]
$25 fine per sign. Now, since I have
made the city aware of this
[6:49]
many, many years ago, I have emails
dating all the way back to 2011.
[6:54]
Um, how much money has the city
collected at $25 per sign?
[6:59]
» I couldn't tell you. The city's goal
isn't to collect money off of signs,
[7:02]
though.
>> Yeah. See, it's a with revenue being
[7:05]
tight and everything, that would be a
good way to bring in some revenue for
[7:08]
the city and also enforcing our quality
of life and not let letting us look like
[7:14]
Montgomery County. I've noticed several
things where the redu Carol County is
[7:18]
starting to look like McGomery County
and and not only here in city of
[7:22]
Tonytown. I'm also going to be hitting
Westminster uh city government also and
[7:27]
pointing out about the signage also. But
I don't expect any answers for any of
[7:31]
these uh for for this evening. Um I know
I've given you guys a lot. Uh but if you
[7:36]
want to get back to me, um I'll I'll
I'll forward Clara my email address at
[7:41]
the Emittsburg News Journal once I once
I get everything set up over there. Uh
[7:46]
my this is my first gig, so you guys are
my my in my inaugural uh bantering, I
[7:53]
guess. I don't know. So, but I do
appreciate your time and I I thank every
[7:57]
one of you.
>> Sounds good. I'll have them share with
[7:59]
council and I know council has comments,
question, concerns.
[8:02]
» I I wrote down a few questions right off
the bat. Were the tires on private
[8:05]
property or government?
>> No, they're business properties. It's um
[8:08]
» that's still private property though.
>> But a business operating has to has to
[8:12]
operate under Maryland laws,
environmental laws.
[8:15]
» And then with the uh the bike helmets, I
thought that was a state law already
[8:19]
that they're under 16.
>> 16 and under.
[8:22]
» And it's definitely being enforced by
our police. So like what's your what's
[8:25]
your
>> Iame you just drive around town and
[8:28]
you'll see kids
>> I was driving for my wife like
[8:32]
what but like if
>> but do you think it's city government
[8:34]
responsibility for kids I guess
Kevin Lynch who fell off of his bicycle
[8:40]
and was brain damaged and passed away at
the age of 22 because of
[8:44]
» I get I I get that and like I sympathize
with that like my but my question on
[8:48]
that one is is again our our police do
enforce helmet activity already. What
[8:53]
are you like what I what are you trying
to
[8:56]
» Well, how many how many fines have been
issued for children?
[8:58]
» We're not going to find children for for
helmets. That's not that's never going
[9:01]
to happen. But like they they go around
and make sure that that the ones that
[9:07]
they see are wearing are wearing
helmets.
[9:10]
» Yeah, we had a whole workshop.
>> I would I would burn this building to
[9:14]
the ground before we start finding kids
for helmet violations. That's crazy.
[9:18]
» Okay.
>> But but I mean that's it's an
[9:20]
enforcement thing that that we
definitely do. Well, that's
[9:23]
» I can tell you that personally I've
witnessed plenty of officers
[9:27]
in the middle of a little crowd of kids
with no helmets on giving them a
[9:31]
lecture.
>> Well, also like like around the
[9:32]
skateboard park and stuff like that.
I've seen also around the I mean I know
[9:36]
he does his job. I I know he does his
job and they can't be everywhere at
[9:39]
every
>> I mean I've seen my the police
[9:41]
department through my town roll their
window down and just ask a kid who's
[9:45]
running to put his helmet on. I mean
they are communicated about the
[9:49]
importance of it but going back to
Councilman Kalan is what are we going to
[9:53]
find the children or we find the adults?
educate them and if they choose to
[9:56]
ignore us, that's very sad. But we're
trying to tell them to wear helmets,
[10:01]
» right? And I don't mean the ultimate
result is to find the parents
[10:04]
» and and we're also we're also in talks
to try and get the police to go into the
[10:07]
schools to start doing like bicycle
helmet safety like all this stuff. Like
[10:11]
there's stuff that we're trying to do
because like we agree that it's a
[10:14]
problem, but we don't we don't want to
go crazy here either. Like again to me
[10:18]
bananas to to be talking about about
finding children for not wearing
[10:23]
helmets. I'm 65 years old and this law
has been on the books since the late
[10:27]
'7s.
>> Right.
[10:28]
» Yeah. And kids have been not wearing
helmets since then. I'm going to tell
[10:30]
you again. I was one of those kids.
>> I was a dip, too.
[10:34]
» I wrote a hel after after Kevin got
brain damaged. I wore a helmet.
[10:38]
» Yeah. And that's I'm going to tell you
makes sense, you know, because examples
[10:42]
would be good. I get it.
>> Local government's not going to somehow
[10:45]
make everybody wear helmets. I mean,
that's just not
[10:47]
» No,
>> that's not going to happen. Again,
[10:49]
that's an individual responsibility for
the most part.
[10:51]
» No. But on on the other end of it and
and I think uh legal counsel might
[10:54]
agree. I think that keeping it posted
regularly about this helmet laws might
[10:59]
alleviate any future situations for
future lawsuits for people saying well I
[11:03]
didn't know because that's going to be
their excuse.
[11:06]
» Everybody knows
everybody knows it's been around since
[11:10]
everybody knows they're just choosing
not to do it.
[11:12]
» You got to got to make sure you cia
yourselves. So
[11:15]
» Eric, would you you know I said you're
an investigative journalist for
[11:18]
Emittsburg News. I mean, would you be
opposed to writing an article about the
[11:22]
importance of safety and helmets?
>> I'd love to. If you guys would be if you
[11:26]
guys want to do that, I can and I can
bring I can put out personal examples of
[11:31]
of people that I know that have brain
injuries and are disabled because of not
[11:36]
wearing a helmet. And it's a shame, you
know, but uh but yeah, I'd be more than
[11:40]
happy. I can I could do something on
that end. I'd say that that'd be a lot
[11:44]
more positive than coming in uh with
both barrels uh firing on how the town
[11:49]
doesn't care about seniors and kids.
>> About children. Yeah. Like
[11:54]
I take that was pretty good. I take I
get it. It got my attention, but like
[11:58]
I've got kids too, brother. Like I care
about my kids. I take exception to the
[12:02]
entire the entire tone of the
questioning. But that's me.
[12:05]
» House Bill 289 is is concerning the law
for the uh for the signage along the
[12:10]
highway. And I can uh and then the uh
well that's air quality and I can
[12:14]
forward the
>> you said along the highway. If we don't
[12:17]
own the road, wouldn't that fall under
the municipality of which the road goes
[12:22]
through? So 140 is technically the state
highway, but any signage along there
[12:28]
that you pulled up, you can collect a
$25 fine per sign.
[12:33]
» I mean, if state if State Highway wants
the signs up, State Highway can come get
[12:36]
the signs up, right?
>> What's that? the state highway wants the
[12:38]
signs up, they can come get the signs
up, right?
[12:40]
» They they can. Yes. But then again,
>> it's their it's their road, so if they
[12:44]
want those signs up, they can come get
those signs up.
[12:46]
» Well, they can, but it's also $25 that
the city could be getting per sign. And
[12:50]
I I mean, I saw about 85. I mean, I saw
about $125 sitting around town right
[12:55]
now.
>> Um just just for my own edification, was
[12:57]
that $25 a state law or a city law?
>> It's state law.
[13:01]
» Then we don't get that.
>> Uh it's any municipality. Any
[13:05]
municipality that enforces the law can
collect the fine. That's why they that's
[13:09]
why they wrote it that way.
>> What's their What's their mechanism for
[13:11]
collecting the fine?
>> What I I'm not sure. I I didn't get that
[13:14]
far into the legality of it. I can
research it and forward it to you.
[13:18]
» For $25, wouldn't our officer have to
spend at least a half an hour to
[13:21]
processing to be orally an hour. So then
we're spending more money than we'll
[13:25]
collect in the said fine.
>> Well, I mean,
[13:27]
» you got to identify the person. You got
to send out a notice up by somebody who
[13:31]
didn't authorize and they didn't know
about it. We wouldn't we want to give
[13:34]
him
>> a really good point. This
[13:35]
» almost signs down. Trust me.
>> Okay.
[13:39]
» You know, I mean, design associates
right over there. He sells signs also.
[13:43]
And you know, we we could find out who's
who's who's selling the signs, you know.
[13:46]
And
>> so now so now you want to get customer
[13:48]
lists from private businesses of who of
who creates signs.
[13:51]
» No. No. But I think that that the
businesses that produce the signs should
[13:54]
be telling the people that, hey, if you
put this along the road right away, you
[13:58]
could be collected. You could be fined.
At what point does it does uh does
[14:04]
enforcement stop? What what at what
point does it become not somebody's
[14:11]
responsibility to inform somebody of
state laws?
[14:15]
» I should all know what our laws are in
our communities.
[14:19]
» I mean, I'm still learning.
>> Good luck learning all of the Maryland
[14:23]
laws because they make more of them
every year.
[14:25]
» Change all the time
>> and they change all the time. And so why
[14:29]
would we hold our businesses responsible
for
[14:35]
the actions
>> what somebody's going to do with their
[14:37]
sign for what somebody does kind of
crazy.
[14:39]
» So then I I'll continue to put my
stickers on the signs.
[14:43]
» Okay.
>> I was going to say you can you can
[14:45]
continue to vandalize signs and then
we'll go with that.
[14:48]
» Yeah.
>> And and what's this linking the city to
[14:50]
the kid who got the crap beat out of him
by the by the guy for the vandalism like
[14:55]
because of the fence? uh the fencing if
the fencing had been followed through
[15:00]
and the zoning was and the fence was
completed as it should have been.
[15:03]
» The kids aren't going to hop a fence, my
guy.
[15:07]
» Chainlink fence with barb wire on top.
Did uh
[15:12]
has H has it ever been the city's
responsibility to uh to
[15:18]
to make sure fences are complete?
>> Uh well, I think that if if the city
[15:23]
Yes. Yes. As a matter of fact, because
I've got I've got letters from Jim Weep
[15:27]
and Daryl Hail also. I can go through
them if you like. It's going to be
[15:30]
» well when they when they call for an
inspection of it, I would imagine so.
[15:34]
But if it's open-ended, then it does
they could have never built the fence.
[15:38]
They could have gotten the permit and
never built the fence.
[15:40]
» The initial request I put in, but the
when when I first investigated it, I I
[15:45]
found out that they did not have a fence
permit. So then they were told they had
[15:49]
to have a fence permit. So the fence
permit was issued. Here it is. Uh part
[15:54]
of it. The uh yeah. Okay. If the fence
wall permit shall become null and void
[16:00]
if the fence or wall has not been
completed within a period of six months
[16:03]
after the date of the permit. That fence
behind a Tony Town collision went well
[16:07]
past 6 months. And that's why I called
the city again.
[16:10]
» And and when was that?
>> Uh that was with Daryl Hail around
[16:14]
October of 21.
>> Okay. So now now we're looking at at at
[16:19]
5-year-old possible permit uh
violations,
[16:22]
» right? But I also have, you know, emails
all the way up to 2025, you know,
[16:27]
concerning issues. Um, you know, the
Comar uh uh uh Daryl, I mean, I like
[16:34]
Daryl. He was a good guy, but as far as
zoning enforcement, he didn't really
[16:38]
follow through anything. Um, and then of
course, you know, I get a reply from the
[16:43]
mayor. I'm not going to go into that.
I'm not going to go into that at all.
[16:47]
Yep. And again, I think my reply to you
essentially was that we use common sense
[16:50]
enforcement here. Again, we try to work
with business owners. We try to work
[16:53]
with people. Our our goal is not to find
people. Our goal is not to penalize
[16:56]
people. Our goal is to work with people.
And that's always
[16:58]
» we're trying to be more peopleentric
instead of like, you know, the the
[17:01]
bureaucratic bureaucratic hellscape that
that plagues many other places where
[17:06]
it's like, you know, the card says MOO,
so that's what it is, right? Like like
[17:11]
» Yeah. I mean, we're gonna Well, I'll uh
I'll get the rest of these laws
[17:16]
together. We'll go over them again, you
know, because I I I think that what
[17:20]
» Can you do me a favor when you do that?
Can you not come in like hot like that
[17:24]
and be like, "You guys don't care about
kids who are getting the kick out
[17:27]
of them for for for for going for
vandalizing or going in a thing." Like,
[17:31]
like, dude, that is that's dirty and you
know it.
[17:34]
» That's dirty and you know it.
>> I'm sorry, but Mike, you know, I'm I'm
[17:37]
learning from Mike, okay? I'm I'm new
into this, you know. I I know how to
[17:41]
deal with customers.
>> I'm happy to chat with you about
[17:43]
anything you want, but if you if you
come in hot, expect the same energy
[17:46]
back.
>> Got it. No worries. All right. So, let's
[17:50]
get together. Um I I'll write up
something seriously about the helmets.
[17:54]
I'll bring in I'll I'll put personal
examples, photographs, rehabilitation,
[17:59]
periods, abilities to walk, all that
kind of stuff.
[18:02]
» None of us none of back to helmets. None
of us disagree that kids need to wear
[18:05]
helmets. Literally every single person
up here is like, "You should be wearing
[18:08]
a damn helmet."
>> Right? The the the disagreement, if you
[18:11]
go back, was it two months ago or
something like that? If you go back to
[18:14]
to that workshop, you'll
>> you'll see that the the only point of
[18:18]
contention was really coming from me
where I was like, I refuse to be
[18:21]
» the stringency of the enforcement
essential.
[18:23]
» Yeah. Like I I I refuse to be finding
children who are stupid and going to do
[18:27]
stupid things and aren't going to listen
to us old old farts anyways, you know?
[18:32]
They're not going to do that. So, like,
but we can we can educate them and make
[18:36]
sure that they're wearing it. We can
take away their their bikes temporarily.
[18:39]
Like, there's there's a bunch of stuff
that we have on the books now that gives
[18:42]
them more power to enforce it. That we
did that for that reason.
[18:45]
» Would there be room in the city budget
to go to like McDonald's and get get
[18:48]
like a a coupon for an ice cream cone
and every time you see a kid wearing a
[18:52]
helmet?
>> I don't know. Maybe that's something
[18:55]
they start talking. And I had my helmet
on. They gave me a they gave me an ice
[18:59]
cream cone.
>> Yeah. I mean they they do a lot of stuff
[19:01]
like that in in in schools now with
kids. Like they give them, you know,
[19:04]
snack vouchers and whatever for for
their good behavior. Like I'm not I'm
[19:07]
not opposed to anything like that,
right? Like that's they you you have to
[19:10]
have disincentives and incentives. Like
you incentives are the things that that
[19:14]
really make people act well. Anybody who
has a small child knows that it I will
[19:19]
say it's hard from a city's perspective
to do that because then you'll have
[19:22]
people coming in like my tax dollars are
going to to to giving kids gift cards
[19:27]
because they're doing the thing they
should be doing anyways, right? So like
[19:30]
that that I do imagine that that would
be probably a hard sell. That's just
[19:34]
» how about how about if if if I were to
get donations
[19:37]
» huh
>> if how about if I were to go around and
[19:40]
get donations from various businesses to
them. That's That's a That's a good
[19:44]
That's a good nonprofit, right?
>> Let's do that.
[19:46]
» There we go.
>> All right. Cool.
[19:48]
» Solutions.
>> Solutions. That's what we want. That's
[19:51]
what we want.
>> That's what you get when you come in and
[19:54]
when you don't come in hot, too. We can
We can spitball, right?
[19:56]
» Oh, come on. Can't I do a little Vic
Shirley every once in a while?
[20:00]
» Also, you said this. What was the name
of your article again?
[20:03]
» It's It's quality of life in small
towns.
[20:05]
» Okay. And where did you get these
questions from? I I' I've got several
[20:09]
people around town that, you know, and
and and over Union Bridge and stuff like
[20:13]
that and they're like, "Hey, can you
want to you want to do something on
[20:15]
this? You want to do something on that?"
Like like Union Bridge, the Lehi cement,
[20:19]
you know, the dust everywhere all over
everybody's cars and stuff like that.
[20:22]
So,
>> just to go back to just to go back to
[20:25]
KO's work session that we did talk
about, that was the whole purpose of
[20:28]
that, like we don't want to turn into an
authoritarian small government. We want
[20:32]
to be a small town that fosters
community and community engagement. And
[20:37]
you don't do that by finding your your
citizens.
[20:39]
» And if we and if we can engage more
people in stuff and into and community,
[20:44]
that would be great. That would be great
because that's one of the article that's
[20:47]
one of the things that I want to touch
on in my article is is how much the
[20:51]
community pulls together. I mean, when I
had my house fire, I had the community
[20:55]
pull together. I've seen how people when
when when somebody has passed away or
[21:00]
something major has happened in a
family, how this town pulls together and
[21:03]
reaches out and helps that helps. I
would strongly recommend you look into
[21:07]
the works of our parks department and
our director Lorraine and all the things
[21:10]
that she's done for this town.
>> I've been there. I brought money into
[21:14]
this town two times. You know, two
different dog shows,
[21:17]
» you know. We'll do that again, too.
>> Thank you. And then again, if Sorry, one
[21:21]
more thing. You talked about blinding
lights. I'm actually completely unaware
[21:24]
of this issue or this law. So, what are
we talking about?
[21:27]
» Um, okay. the the Maryland well Maryland
state highway has has laws about outdoor
[21:32]
out outdoor lighting blinding people on
the highway. Um on a wet rainy night
[21:38]
come down from the come down from the
circle and and and see how the glare off
[21:43]
of the lights at at at Bissimos and at
Hedlebridals glares because a lot of
[21:49]
people that have visions cataracts and
stuff like that they have a very hard
[21:52]
time recovering from a bright light
issue like that. So if a blight light
[21:56]
blinds them and a peasant pedestrian
should walk out in front of them, they
[21:59]
might not see them and it is it is it is
an issue along the roads especially
[22:04]
going through Westminster. Now
>> is this a you said it's already a law on
[22:08]
the books. Is this a lumen or whatever
the word issue like
[22:11]
» it's it goes along with like state
highway state highway lighting
[22:15]
requirements and also with like storage
facilities and stuff like that. It's
[22:18]
very it's very confusing. It's in like
four or five different sections of the
[22:21]
Comar. Of course, Marilyn Comar just
doesn't make a whole lot of sense a lot
[22:25]
of times anyway,
>> but but yeah, there are there are laws
[22:29]
written on it. And the other thing that
I also would wanted to try to do was
[22:33]
» I don't know if you all were aware, but
the Westminster Astronomical Society
[22:36]
wanted to put an observatory in
Bowlinger Park. It would have been a 25
[22:40]
in 16 ft telescope research grade. I
mean, Cherry Springs, Pennsylvania
[22:47]
material, Greenbanks Observatory
material. and we decided that we
[22:52]
couldn't do it because of lighting
around town. And I even forwarded the
[22:56]
International Dark Sky Association
requirements for outdoor lighting. It's
[23:00]
not like we want lights turned off. We
just want lights shielded. Flow serve as
[23:04]
a good example. All those outdoor box
lights, they're not shielded. They're
[23:10]
shining all the way out into in and
light trespass into the neighbors
[23:14]
houses. I know about it because I lived
in Westminster. They put in uh flashing
[23:20]
red and yellow lights and uh it was
light trespass. I couldn't do astronomy.
[23:27]
I had red and red red and yellow lights
flashing in my yard all the time. So, I
[23:30]
finally presented the state highway
administration uh about my quality of
[23:34]
life as being reduced. I have sleep
deprivation and they're supposed to put
[23:38]
baffles in. It's called light trespass.
And so I went round and round with them
[23:43]
and I finally had to pull the
constitutional right for pursuit of
[23:46]
happiness card on them. And the next day
they were out putting the baffles in the
[23:51]
lights.
>> Baffles are the blockers, right?
[23:53]
» Yeah. It keeps it from going off the
side. You know,
[23:55]
» I know what you want. Yeah.
>> I mean, my bedroom was red, yellow, red,
[23:58]
yellow, red, yellow.
>> Yeah.
[24:00]
» So, all right. But, uh, but I can
forward the the IDA and the lighting
[24:06]
forward stuff to y'all guys.
>> Yeah. This is the first time I'm ever
[24:09]
hearing about it, so I I have no idea
what you're talking about.
[24:12]
» Yeah, I really wanted the observatory
here.
[24:14]
» Observatory. I I I knew I've heard told
me about it.
[24:17]
» Yeah, we're we're we're still looking
for a spot for it. We might be out at
[24:20]
Harney. I'm not sure.
>> But uh but yeah, 25 inch telescope, deep
[24:25]
space in your face, man.
>> 2inch eyepiece. You see Jupiter through
[24:28]
that. I mean, it's incredible. Yeah. So,
>> all right. Well, ladies, gentlemen,
[24:33]
city, I thank you guys very, very much.
>> Yep. Thank you. If you can again, email
[24:36]
over to Clara and I'll have them email
out to council and
[24:38]
» yeah, Clara knows how to get in touch
with me. So, what I'll do is we'll get
[24:42]
me requests for the information. I'll
forward the information to you and like
[24:46]
I said, anything that I can do, I'll
help out with with we'll get these
[24:49]
helmets on these kids. I'll smoo people,
we'll get some money and I'll go to
[24:52]
McDonald's and we'll get some coupons
and then the police officers can
[24:55]
whenever they see a kid on a bike or any
council, hey, here you go. Five bucks.
[25:00]
You know, of course, I like the idea of
pulling people over and giving them gift
[25:04]
certificates for using their turn
signals, too.
[25:08]
» Thank you.
>> Thank you very much.
[25:14]
» I've never
any additional public comment pertaining
[25:18]
to agenda or non-aggenda items. You got
anything?
[25:21]
» Thanks.
>> Proceeding for consideration review.
[25:25]
Does anybody on council need time for
consideration review tonight?
[25:29]
Hearing none, I'm proceeding forward to
resolution, ordinances, and agreements.
[25:32]
Introduction ordinance 12-2026, site
plans. Um, again, this is rather
[25:36]
extensive. I know there's been some
questions. Jim, did you want to lead
[25:41]
off?
Um,
[25:44]
I can speak to the four questions that
were emailed uh
[25:49]
earlier today. Uh, let's see.
[25:55]
» No, I I I understand there's there's a
lot more to come. So, uh, and I'm I'm
[25:59]
happy for the discussion because there
are a lot of changes in this. Um, and as
[26:04]
as,
uh, was communicated a couple days ago,
[26:09]
you know, this has been in the works a
long time. So, uh, it's been several
[26:13]
months since you saw the the version
comparing the old with the proposed. But
[26:18]
um anyhow, in response to uh the
questions that came out today, uh
[26:24]
basically uh the idea of
making the
[26:29]
adequate facilities aspect more generic
was was intentional. Uh there were some
[26:36]
there's some language in the current
code that creates a city standard, but
[26:42]
the city is not the agency that provides
the service. for example, uh fire and
[26:48]
emergency services and schools. So the
school system tells us whether they have
[26:54]
capacity. So the idea is to use use
their ranking criteria, their rating
[27:00]
criteria the same way they do elsewhere
in the county because you know children
[27:06]
outside of Tonytown go to schools in
Tony Town. Kids in Tony Town go to
[27:11]
schools outside of Tonytown. So having a
standard for Tony Town that's unique
[27:17]
doesn't really make sense. So again,
since the school board sort certifies
[27:22]
that available capacity, we want them to
use their their measurement. Um and uh
[27:29]
so that that kind of goes with the storm
water piece. Also, now that we've
[27:33]
adopted the county storm water
management ordinance, and one of the
[27:36]
comments in here also was there was some
back and forth between the city's
[27:41]
ordinance versus the county's ordinance
on storm water. And
[27:46]
you can kind of see it both ways because
we've adopted Carol the count Carol
[27:50]
Carroll County ordinance, but that makes
it our ordinance now.
[27:56]
But if the county is the one that's
going to be certifying it, it admittedly
[28:01]
does make sense to be consistent and
just say county throughout it. It could
[28:05]
be interchangeable, but for clarity, it
probably is better to say county. So,
[28:09]
we'll make that change. Um,
[28:21]
there were also some questions about uh
having the zone zoning administrator
[28:26]
sign off on the uh final approval on the
site plans. That's really something
[28:31]
that, you know, wasn't required by the
code, but we felt like it really should
[28:36]
be because the the zoning administrator,
that's the, you know, the professional
[28:40]
that's reviewing the the plans for the
city. So, uh, really they're the one
[28:46]
that should be signing off on it, the
one that that's coordinating the review
[28:49]
from the city end. Um, and, uh, let's
see.
[28:54]
I think that was the bulk of the
[28:59]
immediate items. If there if there are
more, you know, certainly we can we can
[29:03]
talk through those and you know, just a
reminder that
[29:07]
Monday this is just on for introduction.
Uh the planning commission hasn't had a
[29:10]
chance to comment on it yet. Uh so I'm
sure that they will have a lot to say
[29:14]
and it's going to be a lot for them to
absorb also. So, we'll probably
[29:19]
circulate that comparison document to
them as well so that they'll be able to
[29:24]
see the the current version and then
what changed um just like we did for you
[29:30]
guys. But, um
>> um I did have two broader things like I
[29:34]
have a lot of questions that are kind of
in the weeds that I'll I'll email to
[29:37]
you. But, uh two big things that I
noticed was one the idea of the
[29:41]
simplified site plan. Uh I' I'd like to
be walked through that a little bit. uh
[29:46]
you know what problem is is it looking
to address and how would this specific
[29:52]
uh addition um address that problem? And
then uh two it looked like it was moving
[30:02]
the planning commission from being at
multiple touch points and more putting
[30:06]
them at the end touch point after things
are more finalized for their final stamp
[30:11]
of approval. Um, so I'm I have a an
idea. I probably have an understanding
[30:18]
of why we're we're moving in that
direction, but um I I'd like to actually
[30:23]
talk about it and and have you give me
the information. I'm not in the weeds on
[30:26]
this stuff, so I I just don't know. Uh
generally the idea is to streamline the
[30:33]
process while still providing
opportunity for the public to be able to
[30:36]
you know ask questions and provide
comment on on the plans that are
[30:41]
proposed. Uh the current process
requires everybody to go before the
[30:46]
planning commission I think it's seven
times. Um so they they present a concept
[30:52]
plan then they come back for approval
they present a preliminary plan back you
[30:56]
know at each step right. So, um
there's a lot of a lot of uh
[31:05]
let's see that
that seems to be overdoing it for you
[31:10]
know for both the planning commission
and the and the developers and the
[31:14]
engineers. Um, so also the way the code
is currently structured, it um
[31:24]
creates some some challenges for staff
to try to follow with the letter of the
[31:28]
code in that um we're supposed to
present a a report and and uh once all
[31:37]
the different agency reviews are
completed and then we're supposed to
[31:41]
give a report to council and it's
supposed to be um
[31:46]
basically at the next meeting from when
a plan was presented. Well, at the next
[31:51]
meeting, we're not going to have all
those comments yet. Um so rather than it
[31:56]
it sort of like pressure staff to come
up with something, you know, to push
[32:01]
other agencies to get comments and turn
things around more quickly. Um it it to
[32:08]
us it made sense to get the plans in, do
the review, make sure everything's, you
[32:14]
know, meets the code requirements, and
then go to the planning commission with
[32:19]
it. Um it it is um it's reducing the
number of times the planning commission
[32:27]
is going to see the see the project.
um they're only going to see it at this
[32:32]
point um at the concept stage and the
preliminary stage. And that's really
[32:38]
where the preliminary stage is where the
vast majority of the effort goes in.
[32:42]
That's where all the engineering goes
in, the storm water management, the uh
[32:46]
city specifications, all that is worked
out and and included in the plans at the
[32:50]
preliminary stage. The final site plan
stage
[32:55]
is basically the same as the preliminary
plan with anything that the planning
[33:02]
commission directed them to change. So
more often than not, a developer knows
[33:07]
what they want to do at the preliminary
stage and once they get that approval,
[33:11]
they don't want to change anything else
and have to go back and rework anything.
[33:15]
Um, so the proposed code will make that
final plan approval an administrative
[33:22]
function because the only thing that
would change would be something the
[33:28]
planning commission directed. So it
doesn't seem to make a lot of sense to
[33:33]
post the property again, have it go
before the planning commission again for
[33:37]
essentially the exact same plan that was
just approved.
[33:41]
» Does this No, go ahead. Does this bring
it down to two touch points or three
[33:45]
touch points for the planning
commission?
[33:47]
» A minimum of two.
>> Okay. Thank you.
[33:50]
» So,
say the planning commission says, "Hey,
[33:53]
we need you to make these changes."
You're saying instead of going back for
[34:00]
a final touch point for the planning
commission to make sure that the changes
[34:05]
they requested are there, it just
becomes an admin an administrative
[34:09]
matter. Correct.
>> Yes.
[34:11]
» Okay. Um so
>> with that clarity becomes very
[34:17]
important. So we would need to be sure
that staff and the developers engineer
[34:24]
fully understand what the commission is
is asking.
[34:26]
» That's that's where I'm going. And right
if if there is any any vagueness or
[34:31]
uncertainty to that then at that point I
believe you know I feel that the
[34:38]
zoning administrator or planning
director would need to go back to the
[34:42]
planning commission and say is this what
you guys meant
[34:45]
» or at a minimum the chair to to get
clarity.
[34:48]
» Now the right the administrative
approval would be the the zoning
[34:52]
administrator and the planning
commission chair.
[34:57]
and and and that's essentially
a little bit closer to the Carol County
[35:03]
process. So in the county,
they they require plans to be uh more
[35:10]
fully developed before they go before
their planning commission. Uh for
[35:14]
example, you need to achieve a storm
water management concept approval um
[35:20]
before you can be on the planning
commission agenda. that storm water
[35:24]
concept approval is like 80% completion
of the design to get that that level of
[35:31]
approval. So your plan is much more
fully developed um before you go to the
[35:39]
planning county planning commission than
is the case currently for the city. Um
[35:44]
so we're we're leaning a little bit more
towards that model. We're not requiring
[35:48]
storm water approval before you get to
the planning commission. you can still
[35:51]
present a concept plan or a sketch plan
that doesn't have that level of detail.
[35:56]
Um,
[36:00]
but it it it is reducing the the times
that it's before the planning
[36:04]
commission.
>> So, I think I generally understand the
[36:06]
benefits. Are there are there any risks
that you can think of with reducing the
[36:12]
number of touch points?
[36:16]
And I'm not necessarily asking for like
this was going to be one of my questions
[36:20]
that I was going to email to you. Like
I'm I'm totally fine taking this offline
[36:23]
and and chatting about it there.
>> Um because I I know that's putting you
[36:27]
on the spot, but like that's something
that I'm also thinking about, right?
[36:31]
Because like I'm not against reducing
the number of touch points, especially
[36:34]
if if it's excessive, which is to me
based on my limited knowledge, it it has
[36:39]
seemed excessive. Um, but I I I am also
concerned about, okay, well, what are
[36:44]
the risks to like the city to develop?
>> Just to get some feedback on that, I'd
[36:47]
say one of the main risks is just uh
you're subtracting a point of public
[36:51]
comment essentially.
>> Yeah,
[36:52]
» that I think that's the main
>> already have a hard enough time getting
[36:56]
out to to make comments when when they
want to. That'd be my that'd be my main
[36:59]
thing is seeing that is again when uh
when you're reducing the number of touch
[37:03]
points that are going over to the
planning commission is again the
[37:04]
planning commission is one of the larger
points where members of the community
[37:08]
are actually getting to speak up for
public comment and whatnot. So again
[37:11]
that'd be I would argue one of the
biggest risk factors as far as all that
[37:14]
goes.
>> A planning commission is probably the
[37:16]
most attended uh body slashboard in in
town. So
[37:21]
» usually only if it's Taco Bell
>> and where are we at on that Taco Bell?
[37:26]
Why are you guys holding up the Taco
Bell?
[37:28]
» We're not doing anything to the Taco
Bell.
[37:30]
» I know. I'm kidding. I'm kidding. My My
wife
[37:32]
» I had to. My Yeah, my wife was asking me
the other day. I was like,
[37:35]
» the Taco Bell like I can't do anything
about the damn Taco Bell.
[37:38]
» Jim Jim doesn't want to doesn't want to
go. No,
[37:42]
» I'm I'm sure the planning commission
will have comments um related to the,
[37:46]
you know, reduction of the number of
times a plan comes before them. Uh but I
[37:52]
think as far as um risk of something
getting through the process that maybe
[37:58]
shouldn't um
you know noting the mayor's comment you
[38:03]
know certainly you know that's you know
a minimum of two times that the public
[38:09]
has the opportunity to you know come
here and explain you know how they think
[38:15]
it should change or why it shouldn't be
next door to them or whatever the case
[38:18]
may be. um which is more often than not
when when the room is full is when
[38:23]
somebody doesn't want something to
happen in their neighborhood.
[38:27]
» Um you know but um so that that could be
perceived as a negative that you know
[38:33]
you're reducing the opportunity for
public comment. Certainly there's still
[38:36]
opportunity at the concept stage which
is where it it's you know kind of in a
[38:41]
formative stage at that point to a
degree. I mean people have already spent
[38:46]
money to have the engineers draw things
up but It's not it's not locked in stone
[38:50]
at that point.
>> I don't think you're necessarily taking
[38:52]
like a risk as far as like the design
goes or anything like that because again
[38:56]
that specifically is being drawn up by
engineers. There's specific there's
[38:59]
specific criteria you have to meet on
all of that stuff. So again I don't
[39:01]
think you're
>> necessarily seeing a design risk or
[39:04]
something maliciously getting through or
something like that. I think it's a
[39:06]
perception risk.
>> It's a perception and again public
[39:08]
comment risk is what you're facing.
>> Right. So, but again, as as long as the
[39:13]
various review agencies are doing, you
know, thorough reviews, which I have
[39:17]
confidence that they're going to do.
>> Well, and and this will probably be
[39:21]
unpopular,
>> but um honestly, it would reduce the
[39:26]
number of times. I mean, a positive
could also be on that same uh line that
[39:33]
that it's it reduces the number of times
because right now, as we're seeing with
[39:37]
Taco Bell, we get the same complaints
every time.
[39:41]
» Yeah.
>> So, it's it's just reiterating the same
[39:45]
issues every meeting that we have. It's
like, okay, well, the back entrance is
[39:50]
going to happen.
So, uh, um, so at that point, it's it
[39:57]
reduces the the number of times that
the,
[40:01]
uh, presenters are going to get beat up
over the same issue over and over and
[40:04]
over again when it's when it when it's a
perfectly legal and and fine thing to
[40:09]
do.
>> And it'll save you guys time, too. Like,
[40:11]
you don't want have to see the same
thing come up 20 times. And, you know,
[40:15]
» it's not even ready for prime time.
Like, why is it coming to you guys
[40:18]
anyways? I think everybody's also kind
of agreed again the process for us
[40:22]
getting things through the through the
queue and everything like that is taking
[40:26]
just a bit of time. Yeah.
>> Yeah. Because if it's seven touch points
[40:30]
that's seven months
>> to do anything
[40:33]
» long time. and and and certainly during
the site plan process um it's not
[40:39]
unusual for
a project to go before the commission um
[40:45]
and you know they'll hear comments and
and then we uh may not see them again
[40:52]
for several months. So there's obviously
a lot of work that goes into engineering
[40:57]
and designing these things. uh you know
I'm not I'm not
[41:02]
diminishing the level of effort but we
do spend a lot of time you know between
[41:07]
those touch points now where we may
issue a comment letter um in April and
[41:12]
we may not see those comments addressed
and a plan resubmitted until June. Now
[41:18]
the engineer is waiting until they get
all of the comment letters probably and
[41:22]
making all the changes they think they
need to before they resubmit. But
[41:26]
typically there's a lot of lag time
between the time that we are actively
[41:30]
engaged on a review.
>> And I agree there. It's not necessarily
[41:33]
just on us that's making the process
longer. Again, some of it is that again
[41:37]
the back and forth
>> engineering like the county like they
[41:40]
have to go.
>> But then if we need to, you know, but if
[41:42]
then we need to have them, you know,
address the comments, present at one
[41:46]
meeting, wait until the next month for
um, you know, to request approval and
[41:53]
then move to the next step. and you know
and then they need to once everything's
[41:57]
addressed they still need to wait a
month and present again it it can add
[42:02]
you know additional months into the the
the timeline for the developer that
[42:07]
really isn't benefiting anybody
>> and I think that's the big thing is is
[42:11]
the benefit aspect um and again it's
it's kind of like again taco t talk is
[42:16]
one example um but you know people are
asking why it is taking so long why so
[42:22]
many meet you know you have to go back
and forth on so many meetings and again
[42:25]
like I said earlier the biggest risk is
that public comment is the perception
[42:28]
part but the actual risk on the design
stuff I mean those are all professionals
[42:31]
those are professional agencies working
through all that stuff so
[42:34]
» should be some level of trust in what
they're doing
[42:37]
» on the simplified
>> definitely get that the yeah the
[42:38]
simplified
>> on the simplified site plan um the
[42:41]
current process we we don't have a
simplified site plan process
[42:46]
» um so what what often will happen is if
a
[42:53]
project you ticks the box that that says
yes, you need to do a site plan. Uh
[42:58]
which the site plan chapter casts a
pretty wide net for things. So uh for
[43:03]
example, any non-residential building
that's being constructed triggers the
[43:07]
site plan ordinance. So right now the
planning commission if if the project
[43:15]
does not impact the things that the
planning commission or other review
[43:20]
agencies are going to be looking at. For
example, if the project is small enough
[43:25]
that they don't need a grading permit or
they don't need to do storm water
[43:29]
management um
or erosion and sediment control, say um
[43:35]
the planning commission currently has
the ability to wave the site plan
[43:39]
approval requirements is the way our
code words it now. Um, at that point,
[43:45]
the zoning administrator
will still require, you know, a a site
[43:50]
drawing of some sort to know, you know,
where the accessory building or whatever
[43:54]
it might be is going to go on the
property that it meets the code and and
[43:58]
so on. Uh but having a simplified site
plan process kind of gives us a a better
[44:04]
fleshed out process for the zoning
administrator or planning director to
[44:08]
follow that is maybe a step above just a
one sheet. You know, here's where my uh
[44:16]
storage building for my business is
going to go. Um, you know, the the
[44:20]
simplified process is going to lay out
um specific things that need to be on
[44:26]
that drawing rather than it just be um
you know, the choice of the zoning
[44:32]
administrator or planning director at at
the time to you know, oh well, give me
[44:36]
this. You know, there there may be
inconsistency with that
[44:39]
» just a list of criteria.
>> This this lays out a process for that
[44:43]
person to follow each time.
simplified site plan have to still get
[44:48]
the stamp of approval from from uh
planning and zoning?
[44:51]
» No, this would be an administrative
approval. So, it it it's kind of an So,
[44:56]
right now, if the planning commission
waves the site plan approval
[45:01]
requirements, the the planning director,
zoning administrator, you know, will
[45:05]
still need to issue a zoning certificate
for that. And in order to do that, there
[45:09]
still needs to be an application. There
still needs to be a drawing. plan is
[45:13]
also eliminating the touch point for
small projects where it's like we don't
[45:17]
really need the planning commission to
be like yeah you can put a shed on your
[45:20]
» if there's exactly and and that's a
that's a frequent you know uh example of
[45:27]
of something that would be a candidate
for a a site plan waiver. Um, you know,
[45:32]
we've we've done them for multiple
businesses around the city where
[45:36]
somebody, you know, was out of space in
their storage room and they wanted to
[45:40]
put a a a shed on the property. Well,
it's not a residential property, so it's
[45:45]
a non-residential building that's being
built or being installed. So, we go to
[45:50]
the planning commission, the person
asked for a waiver. More often than not,
[45:54]
it's granted. Um
and you know but um you know and and the
[46:01]
example of somebody putting a shed on a
property. Okay, this might seem a little
[46:05]
much for that, but it you know it could
be a building that actually has a um
[46:10]
a
an active commercial use. Um it it may
[46:15]
not be just a storage building. It could
be, you know, a materials yard. It could
[46:20]
be a fenced in sales area. But that's
why you're saying the professional, the
[46:23]
zoning administrator gets to take a look
at it and make a determination like okay
[46:28]
this this is something that can be
simplified. We don't have to go through
[46:32]
this draw more drawn out process so you
can get this thing done. A a current
[46:36]
example is uh the planning commission
recently reviewed uh the tractor supply
[46:42]
company has presented plans to uh
develop a space at the Tonytown Shopping
[46:48]
Center and they're going to incorporate
an outdoor uh sales area for you know
[46:54]
larger merchandise as tractor supply
companies typically do. Um, so they
[47:01]
the planning commission waved our site
plan requirements for it because it was
[47:06]
an area that's going to be uh
on existing imperous surface. So there's
[47:12]
no change to storm water management.
There's no erosion and sediment control.
[47:15]
There's no grading. Um but the planning
director um advised that it should go
[47:23]
through the the Carol County simplified
site plan process to ensure that that
[47:29]
any you know um nuances that might be
missed by one individual are still
[47:34]
caught. So they're going through that
process now. Um but this this will bring
[47:38]
it inhouse. So
[47:42]
» I think those were my two broader
questions. I'll I'll follow up with with
[47:46]
» Okay. And yeah, we can certainly, you
know, communicate offline
[47:49]
» and that also again goes to all council.
Again, if you have any questions on the
[47:52]
site plan stuff, you know, don't
hesitate to email the city manager. Um,
[47:55]
again, this is introduction, so that
just starts the clock. And again, you
[47:59]
guys technically got two months on that
essentially after you start the clock
[48:02]
whether you want to adopt it or not
>> and we can restart the clock if
[48:05]
» you can re and you can restart the
clock. I I would like to point out one
[48:09]
thing that um in in reviewing this
responding to uh the councilman's
[48:14]
questions earlier uh we realized that
there was one aspect in the adequate
[48:21]
facilities portion that um
we would like to revise and that is if I
[48:28]
can find it here
emergency services
[48:34]
um
[48:39]
under our fire and rescue services. Um
we inadvertently I think still left in
[48:58]
Never mind. I think I think we might I
was jumping back and forth between a
[49:01]
couple versions there, but we want to
make sure that we get rid of um that was
[49:05]
another area where we had a specific
standard
[49:09]
defined, but it wasn't something that we
certified. Um so, we do want to make
[49:15]
sure that we don't still specify um you
know, a certain ratio of late and no
[49:20]
response times or um or no response
times. So, I think we may have gotten
[49:25]
that taken out, but if if it wasn't,
it'll be taken out before it goes to
[49:29]
public hearing.
>> Going to clean up the other references
[49:32]
that I
>> Yes. And we'll make those revisions as
[49:34]
well. So, yep.
>> And I I expect that there may be further
[49:40]
revisions recommended after the planning
commission gets a chance to review it
[49:44]
and comment.
>> They and they've seen it, right? Like
[49:47]
it's been mailed to you guys or they
have not seen it yet.
[49:50]
» Yeah. you guys
>> once it's once it's introduced it'll go
[49:54]
before them so they'll they'll have it
at the September their September meeting
[50:00]
» any additional comments questions
concerns from council before I proceed
[50:02]
from site plans
>> just for my sleep that night
[50:08]
» hearing none I'm proceeding forward um
adoption under adoption we got ordinance
[50:13]
10-2026 accessory dwelling units Jim did
you have anything you want to follow up
[50:17]
with that on I know we've had some back
and forth conversation regarding We've
[50:20]
Yeah, we've been working on the uh the
parking study. Uh the police
[50:24]
department's been helping out with that
during the uh weekend and evening hours.
[50:28]
Um so we'll make sure that we have the
the data in our uh tracking sheet. Uh
[50:38]
so far, I don't think we've seen any
surprises as far as uh
[50:44]
observed parking availability or
observed parking uh congestion. So, it
[50:50]
it so far it seems like, you know, the
areas that we all kind of knew were
[50:54]
going to be packed with parked cars uh
seems to be kind of playing out the way
[50:59]
we expected.
>> They are in fact packed.
[51:01]
» So, yes. Um so, but we'll we'll have
that finalized before Monday night so
[51:06]
that the study will be, you know,
formally completed before.
[51:10]
» Was this one we reintroduced last month?
>> Yes.
[51:13]
» Okay. Just wanted to double check on
that. And this has the we we we had one
[51:18]
recommendation from planning on this and
I'm forgetting the exact wording.
[51:24]
» It was uh
>> I it was I believe it was in the appeal
[51:29]
process that we wanted there to be
>> something Yeah. something that changed
[51:35]
that was um there needed to be something
particular to that property that that
[51:42]
made providing off- streetet parking um
>> Oh yeah, there was that it wasn't like a
[51:48]
blanket. Um just
>> that that one mile provision that you
[51:52]
guys put in
>> um
[51:55]
it was um
[51:59]
it was under the waiver.
[52:04]
Oh yeah,
>> it was it was um
[52:06]
» yeah it was it was under the waiver um
>> the general cost to construct off
[52:11]
streetet parking spaces and the planning
commission's comment was or after after
[52:16]
discussion I think the consensus was
that um
[52:20]
the general cost to construct off-
street parking spaces that we add to
[52:24]
that um
uh that there is uh some unique
[52:30]
characteristic that makes it different
than other properties in in the
[52:35]
district. Much much the same as if we
had
[52:38]
» Yeah, it was the compar it was the
comparative cost because it's like
[52:42]
» it the way that it's worded, it could be
the general cost to construct offse
[52:46]
parking uh spaces. It's like everybody's
going to complain about the general cost
[52:51]
to construct offite offsite parking
spaces. It's it's the comparative cost
[52:55]
of is there something about your
property,
[52:58]
» right?
>> That that was the wording we were trying
[53:00]
to get into. was something like the
general cost
[53:04]
right there.
>> Yeah. Because it it's like Yeah. It's
[53:06]
not necessarily the general cost. It's I
would say even the comparative general
[53:10]
cost to uh to other uh other comparative
uh lots.
[53:18]
» That that was what we were aiming for in
that
[53:20]
» that right that that was the planning
commission's thought on on that. And if
[53:24]
if council's supportive of of making an
amendment like that, we can revise the
[53:28]
text before Monday night and have it um
in in your packet for Monday.
[53:33]
» You just want like a consensus on that.
>> Oh,
[53:38]
» so
>> okay. So right now,
[53:40]
» so right now you can you can so the
waiver section says if the above cannot
[53:46]
be obtained
um meaning the off streetet um
[53:52]
parking section
>> off street parking
[53:54]
» the applicant may apply for a variance
before the board of appeals in which the
[53:58]
board shall require a parking study that
considers and the first item and and
[54:04]
this is basically trying to satisfy the
state. the state requires that we have a
[54:09]
a waiver process for the parking because
they really don't want the they don't
[54:15]
want parking to be used as like a hammer
basically to you know to
[54:21]
» stop ADUs from being developed. Um, so
the first thing in that waiver
[54:26]
consideration is the general cost to
construct off streetet parking spaces
[54:31]
and that was deemed and and I concur
that's very broad and um thinking back
[54:38]
to what the board of appeals looks at in
other cases where somebody's ex looking
[54:44]
for uh you know a variance to a setback
or something like that. We look to see
[54:49]
that there's something different about
that property that makes it harder to
[54:54]
comply than another property. So the
example might be
[54:58]
» if the house if the property is a steep
slope and in order to create an extra
[55:04]
parking space they would have to build a
you know a huge retaining wall to be
[55:09]
able to fit a vehicle on the lot. That
would be kind of a you know a special
[55:14]
circumstance that might be considered in
in terms of granting a waiver different
[55:18]
than a normal
>> that that you know would be it. So that
[55:22]
would get rid of just the blacktop is
expensive. You know my payback period
[55:28]
will be too long to to do this. um that
there needs to be something some some
[55:34]
you know compelling reason you know that
that
[55:39]
you know other than just you know I
don't want to pay for a parking space.
[55:42]
» Yeah. And I have I'd have to go back and
look and see what the I thought we had
[55:45]
really good wording, but uh but
basically the comparative to make it the
[55:49]
comparative general cost to construct
off- streetet parking spaces
[55:55]
uh I'm using comparative too many times,
but the general cost to construct off
[55:59]
streetet parking spaces compared to
other similar properties. So basically,
[56:04]
if every a property on that street it
would cost the same to put a driveway in
[56:08]
the back or or whatever you would have
to do, that's not an extra hardship. If
[56:15]
you have to cut through three people's
property and get get variances for for
[56:21]
all of that plus all then that or you
have to cross a stream or something that
[56:26]
that that might be that might be
something that could be unique, right?
[56:30]
» Yeah. a unique
>> characteristic
[56:33]
» characteristic as opposed to just the
general cost to construct off street
[56:37]
parking.
>> Um because uh because yeah because right
[56:42]
now you can complain about anything.
>> I'll probably chat with you offline. I
[56:48]
think I'm just it's not clicking in my
head. So like we'll you'll you'll you'll
[56:53]
make it right.
>> Could you prepare two copies for Monday?
[56:57]
I guess then I guess one with the
change, one without the change and then
[57:00]
council can decide which one they want
to adopt.
[57:01]
» Sure.
>> Yeah. Go ahead and do that.
[57:03]
» And I I will Yeah, I
>> apologize for not having the language
[57:09]
pasted in here. Um
>> I was going to say it's because I think
[57:12]
we did settle on
>> we settled on some decent language and I
[57:15]
we should go back and and double check
that because I thought we had we had
[57:19]
something that really
>> Let's uh let's just have both in case
[57:22]
council defaults to not
>> I wanted to change it. We'll we'll have
[57:26]
we'll have version A and version B in
the packet for Monday.
[57:29]
» Sounds good.
>> Wait, did we need a consensus to do
[57:31]
something though?
>> No, I I think just having two versions
[57:34]
should be fine and council can decide
what they want.
[57:36]
» Oh, I think I think Dan's uh Dan's
pulling it off. If the general cost is
[57:40]
atypical, that was that was the word I
used.
[57:42]
» Choice of words.
>> Atypical.
[57:46]
» Yeah, it the Dan the general look at Dan
pulling the uh pulling pulling it out.
[57:52]
Words matter in laws, man. But yeah, but
no, that was that was the wording that
[57:56]
we used. It was atypical. If the the
general cost is atypical to construct
[58:00]
off- streetet parking spaces, and that
was and that covered it.
[58:04]
» And then Yeah, that's right. Thank you,
Dan.
[58:09]
» Atypical.
>> And then we had to talk about the word
[58:12]
atypical.
>> Then we had to talk about atypical for
[58:15]
» That's a great word for for the law. It
really is a great word.
[58:17]
» Wonderful. The amount of times Harry
just said it was pretty
[58:21]
» That's so funny. Any additional
>> came up with it during the meeting. I I
[58:25]
was proud of it.
>> You should be. You should be. That's
[58:27]
that's that's
>> a typical 10 times fast though.
[58:31]
» Any additional comments, questions,
concerns on ordinance 10-226 accessory
[58:34]
dwelling units before I proceed.
>> Remind me the deadline is literally we
[58:37]
have to vote for it on Monday. Correct.
Because it's due what next month or this
[58:41]
month?
>> It must be adopted before 1st of
[58:43]
October.
>> So So our deadline unless we in do
[58:46]
another meeting, we got to make a
decision on Monday. All right. Thank
[58:49]
you.
Proceeding forward to ordinance 11-2026
[58:53]
fiscal year 226 budget amendment number
three. Um Jim, there were some questions
[58:58]
about whether some of this had already
been adopted in a previous Well, no,
[59:02]
because we that's right. We introduced
the budget amendment. That's why you saw
[59:04]
question.
>> Okay. So that so that that's why
[59:07]
everything looked really familiar. Okay.
>> That's why
[59:09]
» I was just I'm running through this. I'm
like we talked about all of this
[59:12]
already.
>> Because it was introduced, as the mayor
[59:15]
said, it was just introduced last month.
>> No problem. Remember I'm good. No
[59:19]
changes since since last month to it.
>> Uh any additional comments, questions,
[59:24]
concerns from council regarding it?
Hearing none, proceeding forward to
[59:28]
resolution 226-07 updates to fee
schedule. Again, this is part of the
[59:32]
reason why we are considering a third
meeting for council this month. Um
[59:37]
I know they had worked again on the
numbers.
[59:40]
» I think here it's showing only two
changes, right? It's showing the park
[59:44]
impact fee increasing and a new
accessory building. Yeah, because it
[59:49]
came back that we couldn't do
>> the police impact fee.
[59:54]
» Ah. Oh, that's Yep. Okay.
>> And yeah, and the accessory building one
[59:58]
is just it it just now says accessory
building instead of sheds
[1:00:02]
» uh because it's the same fee for a
garage or a greenhouse or whatever
[1:00:07]
building it might be.
>> So, that was kind of the big thing
[1:00:09]
though was we can't charge a police
impact fee. So,
[1:00:12]
» um and this can probably
taken offline too, that's fine. How how
[1:00:17]
did the park impact fee uh number
got to
[1:00:23]
» um Lena provided that calculation I
believe last month in in a memo. I will
[1:00:30]
suggest referring back to that. It's
it's um
[1:00:32]
» yeah it's it's the same fee from last
month. She did have the memo at the
[1:00:35]
beginning of the
>> and it's basically the same the same
[1:00:38]
formula that was used when we determined
the original fee. Uh but what changed is
[1:00:45]
um she went back and reworked the
anticipated costs for the things in the
[1:00:50]
capital improvement program and and
those increased costs. A little bit
[1:00:55]
about that,
>> right? So basically
[1:00:57]
» basically what their share what their
share would be. Yeah. What their share
[1:01:00]
would be of those costs essentially.
>> The formula stays the same but the the
[1:01:04]
cost
>> related to the project changes
[1:01:07]
» has changed. So you know those variables
changed,
[1:01:10]
» right? It was never included in the
original calculations. Yeah.
[1:01:13]
» Well, actually, it's just the the idea
that construction costs and materials
[1:01:16]
costs have just
>> increased so dramatically since the fee
[1:01:21]
was first adopted.
>> Yeah.
[1:01:23]
» Um, you know, and and again, you know,
right right now,
[1:01:28]
blacktop and, you know, are just um
through the roof. So, um, yeah. So, we
[1:01:36]
can't we can't do the same amount of
work
[1:01:40]
» at the same time
>> for the thousand fee that that we
[1:01:43]
originally expected we could do. So,
>> inflation's killing everybody.
[1:01:48]
» Any additional comments, questions,
concerns regarding resolution 22607
[1:01:51]
updates to fee schedule?
>> Yeah, just that it's too low still. I
[1:01:55]
know that's her recommendation, but like
when you look at like other governments,
[1:01:59]
even Carol County went from like $500 to
like $3,000 recently. Might have been
[1:02:04]
nice to me a few years ago, but I'm if I
just double check what all other
[1:02:08]
Maryland counties are at, I mean, we
would be peanuts in comparison to what
[1:02:12]
other towns and and counties are
charging. So, I would just say we we
[1:02:16]
might want to still consider something
much higher than $1,600. I think I
[1:02:20]
remember the comparison that Mackenzie
showed me versus the other
[1:02:22]
municipalities and I think we do now
fall higher than the other
[1:02:24]
municipalities. But the problem I mean
again the problem comes is you have to
[1:02:28]
have a you have to correlate the number
to something factual or else basically
[1:02:32]
the developer can contest it.
>> We also have to have development to even
[1:02:35]
collect it to begin with. So
>> yeah. So again there's a couple the
[1:02:39]
biggest thing though is again you can't
right we can't just make up a number.
[1:02:42]
the number has to correlate to some kind
of factual number or else the developer
[1:02:47]
could contest hey we are paying a fee
that has no relation to the actual
[1:02:51]
impact of this house this these people
living here in the park. Um that's my
[1:02:56]
under
>> yes and and and basically when we do the
[1:03:00]
calculation you know we start from a
point of you know that that as far as
[1:03:04]
the fee goes we need to establish you
know the level of adequacy that we're
[1:03:10]
starting with right because we can't we
can't burden new development with
[1:03:14]
something that we're already behind on.
So we can't make new development pay for
[1:03:18]
the sins of the past. So we we look at
it starting at you know okay we're
[1:03:23]
adequate today here's what we need to do
to stay adequate and it's going to cost
[1:03:28]
us X to remain adequate for the next you
know whatever it may be thousand you
[1:03:35]
know thousand houses or a thousand
people and then you divide it out and
[1:03:39]
that's you know
>> and I imagine that's why it's more fluid
[1:03:42]
through a resolution because again if
the idea is you have more projects that
[1:03:45]
hit the capital budget all you have to
do is go back to the resolution adjust
[1:03:48]
the number again that's why the
>> maybe something I can speak all offline.
[1:03:52]
I guess my concern is how we came to 20%
as the share and that's how we got to
[1:03:56]
1600. That that was the part that I
never jived with
[1:03:59]
» is how do we say we're only doing 20% of
the fee of as an impact fee. That was
[1:04:04]
where I kind of had the disconnect
>> unless somebody's able to I can have
[1:04:07]
Lena reach out to you.
>> Yeah, that was the part because I'm like
[1:04:09]
if you do 100% well then it's over
$8,000 if you do 50. That was just how
[1:04:13]
do we get to 20% is the impact.
>> I'll have Lena reach out to you and talk
[1:04:16]
with you a bit about it. If you can can
you coordinate that?
[1:04:20]
» Yeah.
>> Um any additional questions, comments,
[1:04:23]
concerns regarding resolution 22607
updates to fee schedule.
[1:04:28]
» Hearing none, proceeding forward. City
manager report. Jim, what you got for
[1:04:30]
us?
Uh let's see. We touched on this uh a
[1:04:35]
couple minutes ago for the ADU, the
parking study. Um we've we've I believe
[1:04:40]
done all the field work there. So we
might have some more updating in the the
[1:04:44]
tracking sheet to do, but um we'll make
sure that that's locked in before Monday
[1:04:49]
night. Um, site plans is in the packet
and we already talked a little bit about
[1:04:54]
that and uh, Andrew and I are uh, hoping
that we can get the sign ordinance uh,
[1:05:02]
close to introduction um, you know, with
his remaining time with the city. Uh, so
[1:05:08]
which is drawing to a close. So, uh,
trying to crank through that as best we
[1:05:13]
can because he's uh, been the lead on on
that one. Um,
[1:05:18]
» for those unaware, Andrew has taken a
job closer to home.
[1:05:21]
» Our Andrew Gray.
>> Yep.
[1:05:23]
» Oh, well, congratulations to him.
>> So, again,
[1:05:27]
beat up the Manchester guys. They they
poached him.
[1:05:30]
» It is definitely a loss for us, but
>> Well, that's what I want to say. It's a
[1:05:33]
big loss for the city, but also
congratulations to him on being closer.
[1:05:37]
» Yeah, that's a huge win for his fans.
>> Okay, so I got to go all flock camera on
[1:05:41]
uh on Manchester. No problem,
>> right? Yeah, they declared war. Then
[1:05:44]
when we see when we see them in MML,
we're going to get them.
[1:05:47]
But again, you know, just in his just in
his short time of being here at the
[1:05:50]
city, you know, again, he is an
exceptional professional professional
[1:05:54]
here. So, I gota say we appreciate his
work and it'll definitely be a loss. So,
[1:05:59]
» yeah. So, moving on. Uh nothing new on
the Roberts Road uh uh project. Uh
[1:06:05]
Memorial Drive, we had the uh the final
walkthrough today. Uh very very short
[1:06:11]
punch list. There were I I think two
spots that need a little blacktop work.
[1:06:17]
Um and and I'm talking about an area uh
probably the size of my my notepad that
[1:06:24]
uh was like sticking up a half inch. I
mean really minor stuff. Uh and there
[1:06:30]
were some areas where where the
contractors are going to come back in
[1:06:33]
and some where DPW is going to come back
in uh just where the the black top is uh
[1:06:39]
a little bit prouder of the grade, you
know, above the grade a little bit. So,
[1:06:42]
we want to back fill some dirt and and
seed it just so there's not like a drop
[1:06:46]
off at the side of the road. And that
that's pretty typical. Once the paving's
[1:06:49]
done, you kind of come back through and
see if there's areas where
[1:06:52]
» How all the connections look, the house
connections and everything like that.
[1:06:56]
» Generally good. Um there's there's one
driveway that we're going to come back
[1:06:59]
and add some gravel because the just the
construction it
[1:07:04]
» Yeah, it's always hard because it's all
different. There's there's a couple
[1:07:07]
areas where, you know, the existing
driveway or or alley was um you know, a
[1:07:13]
hodgepodge of dirt, gravel, and concrete
and black top. And you know, that trying
[1:07:18]
to tie into that is, you know, a little
difficult. So, you know, we may we'll be
[1:07:23]
coming back maybe adding some gravel to
help transition that. And there's a
[1:07:27]
driveway that we're going to add some
gravel to because they've got a pretty
[1:07:30]
good drop off, you know, at the black
top to their existing gravel driveway. I
[1:07:35]
haven't had a chance to look, but what
about the connection to the fire uh the
[1:07:39]
carnival grounds? Was that
>> you guys satisfied with Yeah,
[1:07:43]
» I think Yeah, I I think the contractor
did a really nice job on that seam and
[1:07:48]
um and the city came back in and
repainted the lines for the parking
[1:07:51]
spaces that were um you know, partially
obliterated with it. And um Okay.
[1:07:55]
» And we actually went around the corner
and
[1:07:57]
» satisfied over there.
>> Nice.
[1:07:59]
» And you know, painted some of the white
lines that just to freshen them up that
[1:08:03]
we didn't even touch. So, um,
>> yeah, so I I think, uh, you know, we're
[1:08:08]
we're in good shape there. You know, as
I said, you know, mostly just kind of
[1:08:11]
back filling along the edges where
there's a little bit of a drop off, but
[1:08:16]
um and and I think there were two valve
boxes or curb stops that uh the
[1:08:21]
contractor is going to have to where
they didn't um they didn't get the valve
[1:08:25]
box to be quite flush with the black
top. So, very very minor things. So, um
[1:08:30]
you know, that'll be addressed in the
coming weeks. and the uh the blacktop
[1:08:35]
subcontractor is going to be back in
town uh working on the approaches to the
[1:08:40]
uh railroad bridge across Robert on
Robertsmore Road. Um so that's when
[1:08:44]
they'll take care of those black top
defects at Memorial. Um if I can even
[1:08:49]
call them defects, but anyhow, so so
that's wrapped wrapping up. Um,
[1:08:58]
see
George Street and Middle Street. We're
[1:09:03]
still uh waiting for CDM Smith to give
us a proposal for the project design and
[1:09:09]
construction services. uh we held a
scoping meeting with them and today at
[1:09:16]
the end of the walkth through uh uh the
CDM Smith engineer that was on site uh
[1:09:22]
we had a brief kind of just impromptu
meeting uh answering some questions and
[1:09:28]
furthering the you know making sure that
we're on the same page designwise. Uh so
[1:09:35]
we did talk about uh doing all new curb
and gutter and sidewalk uh much as we
[1:09:40]
did on Broad Street with this uh because
right now there's a lot of areas where
[1:09:44]
the uh the black top is only you know an
inch inch and a half uh below the top of
[1:09:51]
the curb. So in heavy rains the water
can you know go above above and beyond
[1:09:57]
the curb um and not get where it's
supposed to be or not drain properly.
[1:10:02]
Um,
>> yeah, I know people are looking forward
[1:10:03]
to that project at least getting done. I
know we've had a lot of comments,
[1:10:06]
concerns on it. So,
>> but but generally speaking, we're we're
[1:10:09]
planning to put the utilities back in
the same trenches that they're in now.
[1:10:12]
So, there shouldn't be a lot of worry
about rock and things like that as far
[1:10:16]
as excavation. Um,
and we're also going to incorporate some
[1:10:22]
uh sewer lining in Carol Heights and
Bankard Terrace um that still have
[1:10:26]
terracotta lines. So, we've kind of
expanded the scope a little bit beyond
[1:10:31]
um beyond Midland George that we're
going to be right there in George
[1:10:35]
Street, which connects to Carol Heights.
So, we're going to go ahead and take
[1:10:38]
care of the terracotta that's in Carol
Heights at the same time. So, the scope
[1:10:43]
is expanding a little bit, but it just
makes sense to try to hit it when the
[1:10:46]
contractor's right there in that in that
area. Um so, uh that's where we are on
[1:10:53]
that one. So hopefully we'll have a
proposal from CDM Smith um before you
[1:10:57]
next month for the engineering and
construction services. And uh that's all
[1:11:02]
that I have for this evening. Um unless
there are questions,
[1:11:06]
» questions, comments, concerns on city
manager report.
[1:11:08]
» One question. Do you I haven't heard
much about the audit. Is the audit and
[1:11:13]
underway? Where are we?
>> It's still targeted for uh the workshop
[1:11:17]
night in in October. So October 7th, I
believe, is our workshop. Yeah, they've
[1:11:22]
already
>> So, they're still on target for for
[1:11:24]
that. And usually it's kind of down to
the wire because we have to approve it.
[1:11:28]
Um it has to be finalized in October.
>> Um so, usually it's it's
[1:11:35]
» they're crunching it at the very end to
meet that that October workshop
[1:11:39]
deadline.
>> Right.
[1:11:42]
» Any additional comments, questions,
concerns for the city manager report?
[1:11:46]
Hearing none, present department
reports. Jim, did you have anything
[1:11:49]
specific department reports?
[1:11:56]
Are things kind of I guess settling down
with uh water usage
[1:12:03]
» since the summer's kind
>> I have not heard much about the weekend
[1:12:06]
spike in the last couple weeks. So um
we're still on target, you know, as far
[1:12:11]
as nutrient and everything on the
wastewater side. Um Kevin hasn't
[1:12:16]
contacted me about any uh about the
pumps running excessive amounts of time
[1:12:22]
the last
>> that's what I haven't heard anything
[1:12:24]
either. So I was assuming we're
>> Yeah. So I expect that to be I mean
[1:12:30]
» that Yeah. that we're not seeing the
same spike that we were during the you
[1:12:34]
know 95 degree period.
[1:12:39]
» Yes. We'll have a combined meeting for
the um October since Columbus Day is on
[1:12:46]
that Monday.
[1:12:51]
» Uh the
anything else gym department reports can
[1:12:56]
specifically
>> unless there if there are questions I
[1:12:59]
can get answers for you for Monday.
>> Any questions, comments, concerns
[1:13:03]
regarding department reports for the
city manager?
[1:13:06]
Hearing none, I am proceeding forward to
old business. Again, I'm going to kind
[1:13:12]
of run through old business because most
of it's just staple items. Um, charter
[1:13:15]
resolution CR 22601 and O2, term limits,
amendments to terms of office and
[1:13:20]
amendment to removal of office. Again,
those are just chilling as we go through
[1:13:23]
charter review stuff. Charter article
one, again, there's been some back and
[1:13:26]
forth of some draft language as far as
definitions in article one goes. We will
[1:13:31]
have probably the first draft for
council to review at the October
[1:13:34]
workshop. Um, but again, just be
reminded that we're not looking for
[1:13:38]
actual introduction and adoption of
these things just yet. The idea is to
[1:13:40]
basically put them on the docket, have
them sit on the docket until the end of
[1:13:44]
the process, and then lump them together
into one bigger repeal and adoption
[1:13:48]
essentially, not repeal and replace, I
guess. Um, up next be campaign finance.
[1:13:53]
I know me and you talked a little bit,
Jim, about some additional language to
[1:13:56]
add into there for the minor or the
underage age 18 donations part. Um, so
[1:14:01]
let's make sure that is good to go and
then put in for the October meeting as
[1:14:06]
an introduction for ordinance.
Um, I'm just going to go through and
[1:14:10]
then I'll ask for comments, questions,
concerns. Impact fee funding model.
[1:14:13]
Again, that's the same thing we're
working on as part of the updates to the
[1:14:17]
fee schedule. Mountain Brook developer
rights and responsibilities agreement.
[1:14:21]
Same thing. You know, that's an ongoing
discussion between staff and developer
[1:14:24]
currently. Memorial Park expansion. And
Jim, did you have anything particular
[1:14:29]
update?
>> We just make need to make our formal
[1:14:32]
decision go no-go on it so that Lena can
get back to the the uh grtors.
[1:14:38]
» So I will say Commissioner Vigliotti uh
me and him talked yesterday and we and
[1:14:42]
we're going to meet up on Friday to
discuss if there's any options at the
[1:14:45]
county level available for funding. Um
so again,
[1:14:50]
we'll talk more Monday um because I'm
supposed to be discussing with him this
[1:14:53]
week. The only option that we had from
Johnny O was uh
[1:14:58]
» was put in for the community,
>> put it in for for the million dollars. I
[1:15:02]
think the work
or something like that. Yeah.
[1:15:05]
» Yes.
>> Um for to try and get on get on the ear
[1:15:08]
marks. I will say that they and I think
I forwarded it to everybody and I I chat
[1:15:12]
with somebody briefly afterwards, but
like they they seem pretty bullish on on
[1:15:16]
this is the kind of project that they
want obviously because the park is, you
[1:15:21]
know, so
I would I wouldn't expect us to to have
[1:15:26]
any major issues getting on that, but I
mean, you never know. But yeah,
[1:15:29]
» that's something we can put in for the
federal
[1:15:31]
» make sure we go to the thing
>> for the federal earmarked funds. Yeah.
[1:15:34]
And again, we we've talked with him on
different projects for that as well as
[1:15:36]
part of that was the um recreation
centers, something we've discussed with
[1:15:39]
them as far as a project goes to put on
that earmarked fund. Um so again, the
[1:15:43]
only thing is, you know, we'll have a
lapse of the grants that we already have
[1:15:45]
in between that period. So again, I'll
give council an update on Monday after
[1:15:49]
discussion with the commissioner, you
know, if there's any viability to any
[1:15:52]
additional options at the county. Um,
other than that though, you know, we'll
[1:15:57]
going forward, we're going to have to
look once we get past the part of the
[1:16:00]
grant process, you know, what what it
looks like as far as funding that
[1:16:03]
project goes in the future. Um, so
again, we'll talk more on that Monday
[1:16:07]
then. Um, any additional comments,
questions, concerns from council
[1:16:10]
regarding anything under old business
currently?
[1:16:14]
hearing none. I'm proceeding forward to
new business monthly financial report.
[1:16:19]
Any additional comments, questions,
concerns from council regarding the
[1:16:21]
financial report?
>> No, I think we chat an email about about
[1:16:25]
one issue
>> just the yeah that um
[1:16:29]
we weren't prepared with all the figures
that we usually have. So um the net
[1:16:33]
working cash just uh from the general
fund net working cash is uh a
[1:16:38]
million93016
and uh from the utility fund the
[1:16:44]
unrestricted cash right now is 3,684260
[1:16:49]
» that was utilities.
>> Yep.
[1:16:51]
» And that's because we used the other
part of it. Well I guess there's more
[1:16:56]
money. Yeah.
>> Yeah. We
[1:16:57]
» and we used we used restricted um funds
to pay that down but um yeah. So our it
[1:17:02]
basically you know general fund cash
flow is is is very tight right now. So
[1:17:08]
» any additional comments question
concerns regarding the monthly financial
[1:17:10]
report
hearing none I'm proceeding forward to
[1:17:13]
accounts payables. Any additional
comments concerns from council regarding
[1:17:16]
accounts payables
hearing none. I'm proceeding forward to
[1:17:20]
approval of memorial park pavilion
number two construction proposal. Any
[1:17:24]
questions, comments, concerns from
council regarding that proposal
[1:17:27]
currently? No, this is just replacing
that pavilion that that correct got
[1:17:31]
messed up because of the storm a couple
weeks ago or month, however long ago it
[1:17:35]
was.
>> Yep.
[1:17:36]
» I did have a question on it. Do I'm
assuming we have an actual cash value
[1:17:39]
policy for why we got such few dollars
for a total loss.
[1:17:47]
» Obviously, it was on a replacement cost
policy.
[1:17:49]
» I am going to confess to not being
familiar with the terminology there. Um,
[1:17:55]
» yeah, Mr. Insurance Man.
>> Yes. I'm like, I don't understand it
[1:17:58]
either.
>> I was like, all right, so we're getting
[1:18:00]
essentially the asset minus depreciation
for why we're getting so few dollars
[1:18:04]
versus the cost it actually incurs to
replace it. It's usually a more
[1:18:09]
affordable policy, but the trade-off is
when you have a claim, you don't get a
[1:18:12]
lot of money.
>> Yeah, because the
[1:18:16]
» I I was fell off my ear when I saw the
settlement.
[1:18:20]
» Yeah, that's my reaction, too.
>> It was It should have been three times
[1:18:24]
that.
[1:18:27]
I had damage on my barn and I'm still
waiting to hear from them. They haven't
[1:18:31]
come to meet with a with a settlement
>> number yet, but it better be more than
[1:18:36]
that.
>> Well, as as Alex cited, um by way of
[1:18:41]
example, um
>> you know, the depreciated value of of
[1:18:45]
the asset is is how the insurance
company does look at it. Um, and I can
[1:18:51]
say that when
>> uh
[1:18:55]
» when we had the the individual that
rammed the the finance office and
[1:19:00]
decimated the the finance office,
>> the insurance amount was very very
[1:19:07]
modest uh for that. And uh, Councilman
McCarron, you may remember how expensive
[1:19:14]
those front the front window and door
was when they were installed originally,
[1:19:20]
and they were replicated from the
original firehouse doors. They were
[1:19:24]
thousands and thousands of dollars to to
replicate those doors and and, you know,
[1:19:29]
have them fabricated. And the insurance
uh settlement basically was, you know,
[1:19:37]
large door $200, you know, it was that
sort of a thing. And
[1:19:41]
» yeah, so basically what the replacement
>> and you know, she not the direct
[1:19:44]
replacement, you know, 10 years old or
whatever is worth this. And so yeah, and
[1:19:50]
again, the policy is very affordable, I
guess, that way. But um
[1:19:54]
» how often do we have storms or or you
know weather events that cause this kind
[1:20:03]
of damage to city?
>> I think this is the first time I've
[1:20:08]
» I mean we've we've certainly incurred
storm damage before. Um and and more
[1:20:14]
often than not it's it's been in the
parks because we have you know more
[1:20:19]
trees and things like that. Uh, so you
know, we have we've had tree limbs come
[1:20:23]
down and cause damage. We've had wind
peel back metal roofs and things like
[1:20:28]
that, but we've never had a a situation
where a you know, structure was unsound
[1:20:34]
as a result of
>> I was going to say this is the first one
[1:20:36]
I've seen any of these.
>> Um, and we've we've had insurance, you
[1:20:40]
know, payments before. Um not not too
long ago, uh high winds ripped the uh
[1:20:48]
part of the roof off the uh field one
grandstand and um yeah, we did get some
[1:20:53]
insurance money to help repair that, but
um usually it's been more of a repair
[1:20:58]
situation. nothing
>> was a full full scale like
[1:21:01]
» now admittedly this pavilion has been
there for many many years and you know
[1:21:06]
was not constructed to the standard of
the others um back in the day
[1:21:11]
» this is one of the this is one of the
original ones right
[1:21:14]
» so this this was the only you know
wooden post pavilion that that was left
[1:21:19]
down there so um it certainly wasn't as
stout of a structure as the others
[1:21:26]
» any additional comments concerns
regarding the approval of the memorial
[1:21:29]
park number two construction proposal.
>> The out of pocket cost is like this 70k
[1:21:33]
here. Am I
>> reading that correct?
[1:21:37]
» Yeah.
>> Balance balance be paid by city
[1:21:39]
68,79607.
[1:21:43]
» That's that's how much is coming out of
us.
[1:21:44]
» That's that's right. This would be
>> would not be currently budgeted. So this
[1:21:51]
would be an budget amendment, right?
That's going to be an additional
[1:21:55]
expense.
>> Yeah. We didn't we didn't put it in the
[1:21:58]
current the current budget, right, Jen?
>> We didn't have this when the budget
[1:22:01]
amendment was introduced.
>> We passed this before all that. So, it
[1:22:04]
wouldn't have been right.
>> It wouldn't be in that budget.
[1:22:06]
» Okay. So, that this would be a draw on
on the current cash reserves then,
[1:22:10]
right? It's it's a use of the fund.
Okay.
[1:22:12]
» So, we still had a higher increase in
revenue than expected, which was greater
[1:22:16]
than this loss we incurred from what I
was reading. Correct.
[1:22:21]
» That's a very loaded number question
right there.
[1:22:23]
» Well, now Yeah. Yeah. I got I got you.
>> Yeah, I I see what you're cooking.
[1:22:27]
» Yeah,
>> we can we can wait for me to scroll back
[1:22:30]
up to the or I can just tell I can just
>> I can remember it was a 250 increase in
[1:22:35]
state tax revenue minus this
>> or I can just confirm it if that's all
[1:22:38]
right. Okay,
[1:22:46]
» Tim, would we just roll would we would
we just roll that into the midyear
[1:22:49]
budget amendment then or are you looking
to do something sooner than that?
[1:22:54]
I I think this can be rolled into the
midyear.
[1:22:56]
» Midyear. That's what I was thinking too.
Okay.
[1:23:00]
» Um any additional comments, questions,
concerns regarding an approval of
[1:23:03]
Memorial Park number two?
>> You're right. It was like a in a net
[1:23:06]
increase of like 570K.
>> We had a good situation. It was better
[1:23:09]
than our bad situation. So, we're not in
a worse situation.
[1:23:13]
» I think we should sit pretty comfortable
this budget cycle, but you know, we'll
[1:23:17]
see. So,
um,
[1:23:22]
hearing no additional questions, I'm
going to proceed forward. Approval of
[1:23:24]
special event permit Tonytown Pride,
June 20th, 2027. Any comments,
[1:23:28]
questions, concerns for council
regarding that?
[1:23:31]
Hearing none, proceeding forward.
Approval of sewer flow study. Again,
[1:23:34]
this is something we had talked about
previously at the water meeting back in
[1:23:37]
April. Um, you know, we've been working
back and forth with the cont or the what
[1:23:42]
is it? CDM Smith on this. Um, so does
council have any additional comments,
[1:23:47]
questions, concerns regarding that?
[1:23:52]
» We we had talked about this uh I think
back the last time that Brian Lubenau
[1:23:56]
from CDM Smith was here. Um,
>> it was April for the water meeting
[1:24:00]
» talking about the water water and sewer
stuff. Um, and the question came up
[1:24:03]
about the um, effectiveness of the INI
program and um, so there's
[1:24:09]
» found that it was effective, right?
That's what I remember. Like it did it
[1:24:13]
job doing what it was supposed to do.
>> Yes.
[1:24:18]
» And yes. So the the CEM Smith memo
included in your packet um has a lot of
[1:24:23]
uh a lot of data uh to share, but the
>> it has charts.
[1:24:28]
» I like charts.
>> I know.
[1:24:30]
» Yeah. The estimated RNI uh or the RN INI
rates. I was like, nice trending down. I
[1:24:37]
like this chart. This is good.
[1:24:42]
Good information. But as as um you know
we did target the projects that we
[1:24:50]
expected the biggest reduction you know
we did those projects first.
[1:24:54]
» So the next project going to have a
lesser impact right? So as we you know
[1:24:58]
for example we we replaced and relined
um terracotta sewer that was next to a
[1:25:05]
stream bed. So, we know there's going to
be a lot of water coming in there. Um,
[1:25:10]
you know, so we're we've we've basically
gotten all those um projects completed
[1:25:16]
now. Uh, you know, more recently we did
the the um manholes closest to the
[1:25:23]
treatment plant on the main sewer
interceptor. Um, and you could on a dry
[1:25:28]
day you could pop a manhole and see
water pouring into the, you know, from
[1:25:32]
the sides of the manhole. Um so you know
again those kind of big big reduction
[1:25:38]
things you know have been already taken
care of. So we are at the point where
[1:25:43]
we're going to see a smaller INI
reduction with our future projects as as
[1:25:48]
the memo you know summarizes. So, um,
they're suggesting a very conservative
[1:25:56]
estimate on gallons per day u of inflow
and in infiltration reduction per linear
[1:26:02]
foot that we do here on out.
[1:26:08]
» Flattens.
[1:26:12]
» Okay. Any additional comments,
questions, concerns regarding the
[1:26:14]
approval of the sewer flow study?
[1:26:19]
Hearing hearing none. Proceeding
forward. Um
[1:26:23]
I am looking Well, I can't remember. Do
I do the motion of a German first before
[1:26:28]
the close session or close session
first? Um I guess I'm looking for a
[1:26:32]
motion of a German to go into close
session and then I'm going to read the
[1:26:34]
close session stuff. That's what I'll
do. Okay. In a minute here, I'm going to
[1:26:38]
be looking for a motion of adjournment
to go into close session of council on
[1:26:42]
the what
>> I already said. So moved.
[1:26:44]
» No, I got I got a read the statement
first.
[1:26:48]
» So one last call for a public hearing
regarding ordinance 10-226 dwelling
[1:26:52]
units. Anybody would like to make a
comment. I'm seeing everybody in the
[1:26:54]
audience leave. So that is a no. Um so
I'm going to go ahead and close the
[1:26:59]
public hearing regarding ordinance
10-226 accessory dwelling units. With
[1:27:03]
that said, I am looking I'm going to be
looking for a motion to go into close
[1:27:06]
session. Give me one second to read the
close session statement on the date
[1:27:09]
September 9th, 2026 at city hall at
8:56 p.m. In accordance to the Maryland
[1:27:16]
Open Meetings Act, title 10 governmental
procedures subtitle 5, meaning section
[1:27:20]
3-305B, this meeting will be closed is
disclosed only to consult with council
[1:27:24]
to obtain legal advice.
The following is a list of the subjects
[1:27:28]
to be discussed. Citation 3-305B7
deoper matters and to obtain legal
[1:27:33]
advice in regards to them. I am looking
for a motion of a German to go into that
[1:27:36]
closed session.
>> So moved.
[1:27:38]
» Looking for a second.
>> Second.
[1:27:42]
» Uh all those in favor signify by saying
I.
[1:27:44]
» I. I.
>> We are closed in we are adjourned in a
[1:27:48]
closed session. So let's go ahead and
wrap up the public stream and let's get
[1:27:51]
directly into that unless somebody needs
a break.
[1:27:53]
» Can I have like a five minute bathroom?
>> Five minute break real quick.