Town Council - Regular Meeting

I will now call this Mortown Town Council meeting to order. If you would please stand for the pledge of allegiance. [clears throat] To the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

[clears throat] All right. First up on the agenda, we've got our presentations portion. And at this time, I'll go ahead and relinquish to our mayor, Mayor Hushower.

All right. Is it on now? There we go. All right. Got some uh members of the historical society of Mount Ary are up here. We got uh Mike Gigo who is the president of the historical society, Wayne Evans who is a member and Rick Du who is a member of the historical society as well. So they have been uh working hard to make sure that the uh flat iron is um stays intact while we work on a method to preserve it. And uh and the historical society over the years has been donating money uh toward this effort. And tonight they're bringing us a check for $10,000 which we greatly appreciate. It was earned through fundraising at the um during Halloween as well as uh the generous donation overall. So, we greatly appreciate it. And I'm going to hold up a big check. And what the big check shows is the amount that they have given over the last few years uh for the project. And that amount is $22,722, which is pretty impressive. So, but uh Mike's up here with a check for 10,000 today, right?

All right. [clears throat] Thanks so much. I'll give We greatly appreciate it. Sure. AND [applause] I'll go and get a picture here. [applause] Yeah. Get it right up here and you guys can There we go. Thanks a lot. [snorts] Appreciate your help. Thank you, Wayne. All right. Thank you all very much. Go straight to

Katie. [laughter] Next up, we have our public comment. Is that the lawyers wish to speak? Yes, sir. If you would please just state your name and address. Hey, I'm Steve Slesburgger. I'm a town resident. Um, I just had a couple quick questions. Um, number one on the um are you going to adopt the food truck thing or is that just for presentation tonight?

Got it. I got it. Uh, so that's just for introduction. Introduction. Okay. Okay. Okay. The only thing I just saw there was a typo on 151c where it says foot instead of food balance opportunities for foot trucks. And I think it should be food trucks. Um and then the other question I had in regards to that particular thing that you guys will look at it I'm sure.

Um it talks about permanent and temporary food trucks. Uh, and it talks about they each need permits and but it doesn't say um on permanent food trucks uh how they the the permit is only valid for a special event or a period of time. Uh and then it says the duration is only 12 hours within a window of 7 to 9. So, for a permanent food truck, how do they need more than one permit or how long is a permit valid for a permanent food truck or is does that fall under the um it was talking about a site plan and then for therefore it's not a food truck, so it doesn't need the permit. I'm not sure. It was just kind of confused when I looked at um and then getting on to the more important thing with the um water increase. Um, unfortunately you guys got stuck with something that may not have been your issue to start with. And unfortunately, you have to be the ones that make the decisions. Um, I'm looking at it in two different uh sections. The there's an operating and the capital. The operating, we know the hard numbers on that. There's no question we have to meet that requirement. So, I am in favor of your increase um for the next two cycles. So, you can look at it um and we know what the hard numbers are and then there's going to be an increase every um a year with cost um uh increased cost. Uh so, I don't have a problem with that. But when we look at um the presentation where they said all the things that are in the pipeline and then possibly needing to increase the rates to 20% over the ne each year over the next 5 years. I would hope that you guys would um look at some of the things I know you mentioned last month about sharpening

your pencil and looking at the budget. Um hopefully the pencil is sharp all the time, not just, you know, now that we have an issue. Um, but we took, we were talking about the reserves and it took us over 10 years to drain these reserves and we're trying to reestablish these reserves over five years. I think maybe we need to extend that out. Um, so we're not having such a large increase. This increase is going to be um very detrimental to those on the fixed income, especially the seniors. We have the increase in our property tax and now we're having the increase in the water and sewer rates. Um, I think it far exceeds what social security unfortunately is going to be the raise for most people this year. So, I would hope that maybe we could uh spread that a little bit. Also, when we had the presentation with the uh items in the pipeline, um, obviously we don't know if we're getting ARPA any more ARPA, which I don't think we are, but we have gotten grants in the past for P5s and things like that. None of that was taken into consideration as a possibility that we may get some grants down the road that can help with the deficit in the reserves. Also, I couldn't tell exactly when I looked through the code how much each individual property pays and impact fees, but I looked at the last presentation by Buffalo Ridge and it looked like it was about $25,000 per hookup. Now there eight eight hookups there and there's 60 in Greenree that are already been approved or in the process. Um so we're talking and then eventually Beck is going to be developed at some point and that was 300. If you add that 25,000 times approximately 350 units we're talking at almost $8.5 million. So in the next 10 years, there's a possibility that we could have $8.5

million put back into the reserves from those impact fees. So my suggestion or my thought would be that maybe we spread out the the increase in fees over a longer period of time, see where these different um impact fees, possible government um grants fall, and uh maybe we don't have to increase the full 20% over the next 5 years. Thank you. Thank you.

Yeah, I I appreciate that. U if if if you'll give me the opportunity, I'll sure talk for a couple minutes on this. Uh first thing is um you know, we are out there looking at exactly what we're going to need and we have developed a process uh that we're going to go through over the next couple of months. Uh the ordinance tonight uh stands as it was written with some changes in it that would take us basically through the next two billing cycles. But the staff and I have worked together uh and we're going to be presenting a a concept to the water and sewer commission which meets on Wednesday at Dick. You guys are 7 o'clock or 7:30?

7 o'clock.

7 o'clock. So, Wednesday at 7:00, we're going to come to them with a concept that will lead to drafting a long-term ordinance uh that will get drafted and presented to the Water and Sewer Commission at the January meeting and and we'll let them get some buy in on this and then that's what will generate an ordinance that would be introduced in the February time frame for uh for a long-term solution. and we are looking at those percentages. Uh, you know, and certainly we're going to shave off whatever we can. Um, as far as ARPA goes, we're we're done with ARPA. It's, uh, that that was a one-time thing and it's it's gone. So, um, but really appreciate your comments. Feel free to come to the meetings and and, uh, stay attuned to it. I appreciate you being here. So, thanks.

All right. Thank you, mayor. We [clears throat] do not have any speakers tonight, so we'll move on to approval of council meeting minutes. First up, we're going to go back to what was tabled from last month. We have our October 2025 closed meeting minutes. The subject was litigation. I'll make a motion to approve. Do we have a second? Second. Any discussion? Hearing none. All in favor of approving the October 2025 closed meeting minutes under litigation, please signify by saying I. I. closed. We have our October 2025 closed meeting minutes. It was under subject land acquisition. I'll make a motion to approve. Do we have a second? Second.

Any discussion? All right. Hearing none. All in favor of approving the October 2025 closed meeting minutes. Under land acquisition, please signify by saying I. I. I. All right. Now, we're into our November 2025 town council meeting minutes. Uh, I will make a motion to approve. Do we have a second? Second. Any discussion? All right, hearing none. All in favor of approving the November 2025, I'm sorry, yeah, November 2025 town council meeting minutes, please signify by saying I. I opposed. Then we have our November 2025 closed meeting minutes. Subject matter was litigation. I'll make a motion to approve. Do we have a second? Second. Any discussion?

Hearing none, all in favor of approving November 2025 closed meeting minutes for litigation, please signify by saying I. I opposed. Lastly, our November 2025 closed meeting minutes under land acquisition. I'll once again make a motion to approve. Do we have a second? Second. Any discussion? All in favor of approving the November 2025 closed meeting minutes for land acquisition, please signify by saying I. I.

Opposed. All right. Thank you. All right. Next up, we have our civil air patrol report with Aaron Lavell, first lieutenant. I don't see her today. So, we will move on from that. We have our Mount Air volunteer fire company with Mr. Herd. It's December. Nobody feels like working. Then we have our Mount Police Department report with Chief Janever, who I do know feels like working. [laughter] Sir, how are you, sir? Good. How is everybody? [cough and clears throat]

Good evening. for our community outreach. November 1st, uh the Mount Tractor Supply uh donated a $500 check to the Mount Police Department for a hometown hero event. Those funds will be donated to the Carol Community Foundation Center. And just to [clears throat] let everyone know, that center helps with shop at a cop uh and a lot of other things that we do here for law enforcement with some of the things with the town. Um it does help offset some some things on that. So, that's great. Thank you again, the Mount Air Tractor Supply. I do appreciate that. For recruitment, we have five applications that have been uh submitted for lateral positions, which all of those applications are still being currently processed. We do have one application that's being submitted for entry level. Uh that gentleman there took an exam, written exam today. For calls for service, uh we had 612 uh small decrease in calls for service, which is good. And again, those calls are self generated, excuse me, and then obviously dispatch for the officers. Uh, the Mount Area Police Department, we did have a noteworthy arrest which was posted on Crime Watch. And I'm just going to read this. This was the post from Crime Watch. November 23rd of 2025. MAPD officers were dispatched and reported a vehicle theft at Domino's located at 431 East Ridgeville Boulevard. With the help of the victim, MAPD officers were able to locate the vehicle. Upon locating the vehicle, um the individual fled on foot. Carol County Sheriff's Department and Frederick County Sheriff deputies responded to the scene uh with the incident to assist MAPD officers. Uh Frederick County Sheriff's Office K9 unit responded to the scene and conducted a track. While conducting the track, a 9mm unerized homemade ghost gun was recovered. The individual was located and identified shortly after the K9 track and placed under arrest. Due to the charges, this individual was identified um through investigation as a

juvenile and was charged as an adult and transported to Carol County Booking Center. Again, if you folks, if anyone sees anything or something doesn't look right, suspicious, please call the Monterey Police Department. We're coming upon these holidays here, these so-called porch pirates. I've said it in years of past and every month, this town is big with fraud. Uh again, this town does a great thing for disposal of certain documents. Take advantage of it and if you're unsure of something, give the department a call and we'll help guide you through there with that information. Um I've said this also um before too, our crime watch, if you're going to post something or post something on the internet, that is not manned by our agency 24 hours. We don't have somebody sitting there looking through Facebook or anything else or crime watch. We do get a notification through Crime Watch. If an incident that needs to that is taking place, if you need police respond, please dial 911 or you can use a non-emergency number and an officer will be dispatched to assist at that location. We do not respond to the 9 or excuse me, the crime watch postings if you're going to put it in there. If we do respond to that, again, once that email is open and addressed, an officer will respond to you and that will be either myself, Lieutenant Hopkins, or Sergeant Brooks that will make a call back to those people that are looking for assistance. I will note we do have our upcoming road closure. It's been posted out there, but at Main Street for uh from West Watersville uh road to Cotwood A Paradise will be closed for the parade. Hopefully the weather works in our favor and that's going to be from 5:00 to 9:00 and that's December 6th for the Main Street Christmas event. So, it's a good event. Hopefully the weather again cooperates

with us. Uh Santa Claus, he's coming to town. So, that's on December 19th. It's going to be at the Mount Caboose to North Main Street and that's from 5 to 8. There will be two officers there to maintain for pedestrian traffic and control of that nature. Um, the weather this evening may not be so nice going into the wee hours of the morning. I know this town here does a great job of keeping the streets clean. If you find something that it's not so nice, please give a call out. Either the officers will set up cones and make the appropriate calls to public public works and have them address the situation, too. Other than that, try to keep it short and sweet. Uh, Mr. Kelly, I know you did have a question. uh last time it was addressed to Lieutenant Hopkins in my absence while I was away out of state is that you had a question about the videos um why there were so many videos and the reason for so many videos that were obtained from the state's attorney's office is each officer they have a body cam video that would be one and then they're incar also which that incar could have two to three cameras along with the officer so if I'm on scene and another excuse me another officer is with those cameras. So that could be six that are requested from the state's attorney's office. So that's why the numbers have increased for that. So I just wanted to address that with you. I know it was brought up.

Thank you. So it may not have been 67 incidents. It wasn't 67 incidents. No. No, sir. No, that's just the number of requests that when I sent that over to the state's attorney for this one here for this past month, that's what's been sent to the state's attorneys. Yes. On on the page. Other than that, that's my report.

Yeah. Uh, so I received a letter in the mail uh today when I came into the office. It was written by a letter named I'm sorry, a person named Beverly who lives up in New Jersey and Beverly was driving through town and she lost her wallet at the Burger King. and Brandon Wright uh went there, retrieved the wallet, and hung out for the two and a half hours uh which he was working, but he he waited patiently with it for that lady to return and retrieve her wallet. And she's got about the best penmanship I've seen of uh anybody. But she wrote a really nice handwritten letter. And I want to say thank you to Officer Wright for uh helping that lady out. and I want to give you this letter so you could personally deliver it to him and say thank you for great community policing.

Any other questions? I I just want to are there dates for pack the cruiser or there plans for pack the cruiser? There is uh state trooper uh Palmer uh Groudy sent me the information there. I believe it's uh December 19th. It'll be at the Walmart. We usually meet at JMP. It's a shop with a hometown hero. Um, I wanted to make sure sometimes dates do change and things of that nature, but I'm pretty positive it's the 19th. I just received that the other day, that information. So, we'll we'll be there with that and thank you again. And we do have some great officers here that work in this town. So, they do an awesome job. Thank you. All right. Thank you. Yes, sir. [clears throat]

Next up, we have our mayor's report with Mayor Hasharm. Okay. Uh, few things went on this month. Uh, only thing I'll point on out on my calendar is on November 6, I attended the Mountaineer Volunteer Fire Company monthly meeting and I brought them our check for $243,000 out of our budget for our taxpayer contribution to the company. So, they have that now. Um, and then, uh, kind of a sad note, the town regrettably lost a treasure with the passing of Donnie Brightwell on November 10th. He [snorts] was inducted into the Mount Air Hall of Fame in 2015 for his volunteerism throughout the town. He was a 57-year life member of the Mount Air Volunteer Fire Company. Most notably to residents, Donnie will be remembered for all the features in town. He played an instrumental role in restoring such as a 1926 American Lefrance pumper truck that served from 1926 through 1958 and the baggage carts that are located outside of the town's museum. And honestly, I can't think of a time that I ever saw that fire truck driven without Donnie behind the wheel. I hope he trained somebody else how to drive that thing. So, uh, if he didn't, I can drive a Model A, so I might be able to drive it. So, uh, could we please have a moment of silence for Donnie, please? [snorts]

Okay, thank you for that. and uh the hometown hero banner program. Uh the window is open for new hero banners. Uh we have about 30 banners that are still available for the residents of Mount Area to cost at $200. This new collection of banners will be installed by Memorial Day of 2026. Uh visit the town's website to apply. Please complete the application fully when applying and you'll need to scan any pictures uh that you of the service member and present that electronically along with the application. Uh we'll always remember our two September 11th casualties, Lieutenant Commander Ronald Pac and Chief Horn Officer Bill Ruth. And we have three other gold star families in town. That includes PFC Ronald Kenny who died in Vietnam. uh HM2 Jordan we died over on the west coast of the US and Lieutenant Jack Leatherwood who died during World War II. So uh so if you want a banner uh get online and you can uh get that done. Also wanted to offer a merry Christmas to everyone and I'd like to thank all the volunteers out there who helped to decorate the town with holiday cheer. Uh, please make it out to the Christmas tree lighting December 6. It'll be at 5:30 p.m. uh right over where the tree is at the train station, followed by the parade at 6:30. And we'll also have a manora lighting and that'll occur on December 14th from 5 to 7:00 p.m. in the rail yard. And that completes my report.

All right. Thank you. Next up, we have the Water and Sewer Commission, Beautifification Commission, and the Inclement Weather Task Force with Council Member Demoter.

Okay. Thank you. Um, [clears throat] beautifification commission. The commission last met on November 18th. Uh, the commission completed decoration of the downtown area and the Wildwood Park fence line and park gazebo on November 8th and 9th for the holiday season. Uh some gardening tasks were done but at reduced levels as we move into the winter season and the commission is planning on developing a calendar of gardening tasks and activities for the coming year so that everyone on the commission knows what to expect and who's doing what uh moving forward. Our next meeting will be on January 20th, 2026. Water and sewer commission last met on November 5th. The main focus of that meeting was to receive a presentation from the town engineer on the town's water and sewer capital and operating plan. Mayor Hushau also attended answering questions and giving context to the history of the water and sewer funding over the years. And the mayor uh discussed this earlier. I'll just recap it. Um the mayor at the water and sewer commission meeting presented a plan for moving forward which is in the near term [clears throat] to continue moving ahead with an 8% acrosstheboard water and sewer increase which would take effect beginning December 22nd on a quarterly basis and then within the near term also work towards a longer term uh solution which would be a modified rate structure and a more long-m term approach for dealing with the uh deficits that we have. So the plan is that at the December 3rd water and sewer commission meeting which is this Wednesday uh the executive branch will be presenting I think their

revised approach and then the water and sewer commission will deliberate on that and offer comments back and perhaps give consensus on that approach and if not it may take until the January meeting time frame but the goal is to get an updated ordinance prepared, introduced at the February meeting so that it can then get hopefully approved and factored into the next year's budget cycle which happens March April kind of time frame. So that's kind of again the path moving forward. Um as the commission liaison I'll I spoke with the mayor. I'll I'll work with the executive branch as that ordinance kind of fleshes out and help to sponsor that within the town council and advance that through the council. Um we also discuss elements to be included in an updated communication letter from the mayor to all town residents covering both PAS as well as the direction that's being taken with the water and sewer rates and structures. Uh the commission will meet again later this week on December 3rd and then we'll meet again on January 7th, 2026. We're also continuing to look at the water use allocations issued by the town for new developments and commercial entities at the time of their consideration and approval within the planning commission process for approving site development plans. Uh we're still looking at that data, thinking through process improvements, and just long-term moving into next year. Um, I'm I'm going to likely as a council member be um developing some some additional guidance that maybe goes into a code and I've talked at a very

cursory level with the town engineer about getting some some guidance on that in inclement weather task force last met on November 19th. Uh we centered on two topics. We review the current design and content of the task force web page that's currently on the town's website. And we identify needed content and structure refinements to fully align its content with the mission, activities, and priorities of the task force. And our plan is to have an updated mockup with written content uh by Christmas. Our main activity was to review a draft of a resolution to acquire, operate, and provide educational outreach on a weather alert siren system to advance public safety. Recall that on October 28th in my report outs, I reported that the task force reached a unanimous recommendation that the council should pursue such a system. So, the task force at our meeting made several edits to the document and then I work with our town attorney to finalize a resolution which will be resolution 2026-1 and we will get that on the January council meeting agenda for formal council consideration and vote as as I've been reporting at the last several meetings. Um finally I wanted to mention as the lays on to the fast the task force on November 13th I attended the 38th annual meeting of legit which is the local government insurance trust. They have an annual meeting and the town administrator and the town clerk also attended. Um this year's theme for the meeting was emergency preparedness and response. So, that's what kind of perked me up to to go to that. I wanted to share three key

take-home messages that that I heard from the keynote speakers. The first one was we're all going to have a bad day someday. So, get prepared. And indeed within Mount Ary, we've had two really bad days in the span of about seven years in terms of severe hazardous weather events. The other messages are all disasters begin and end at the local level. And then the last one, people and non-traditional roles may be your greatest assets in a disaster situation. So build your basic community groups as they will be a key part of your response. And to that end, I want to thank the members of the task force for all their efforts so far in helping us to prepare for and respond to future hazardous weather events that may come our way. The next meeting of the task force will be held on December 17th. Thank you.

All right. Thank you. Next up, we have our planning commission with council member Kelly.

Thank you, council president. Uh the planning commission met on November 24th. The main agenda item was uh further discussion on the recommendation decision on the Warfield property annexation resolution. Mouthful. Uh the commission gathered more public comment and additional information from the petitioner. Uh they also went through the draft addendum that they intend to provide the council along with their decision uh which will include the information they've gathered along with responses to a survey that was distributed to the residents of Noddingham. Uh the commission's uh the commission seems poised to vote on recommendation decision at the next meeting which will be on January 26th. And that's all I have.

All right. Thank you. Next up, we have the Streets and Roads Commission, Commission on Aging and Livability, and the Flat Iron Task Force with Council Member Mund.

All righty. Thank you, Council President. Uh start off with the Flat Iron Task Force. Uh besides a generous donation from the historical society, which we thank you for that, uh please read the mayor's report for further updates regarding the uh outstanding funding attempts to do it and where we stand on those attempts. Cole, since um both of the November and December meetings are close to the holidays or were close to the holidays, it was decided at a previous meeting to hold one meeting for both November and December, which will be this Wednesday, December 3rd at 5:00 p.m. here in town hall. Streets and Roads, the meeting was held on 11:25 here in town hall. It was a fairly light agenda. Uh basically we went over some items that we continuously watch which is basically um the route 27 expansion plans. There are no plans really but just to make sure that we stay within the top five for Carol County's um projects for transportation requests for the state. They did their annual tour and I believe that we were still put in the top five with the state from Carol County. It's a good thing to report on that. uh Main Street regarding the uh flashing lights. Still waiting on funding from MDOT to move forward with that. I will contact them again shortly to see where we stand on that. Um the traffic circle, which we'll be discussing um later tonight, but basically it's still on um the timetable for completion somewhere around March or April, weather dependent. Uh the new business uh was a site plan for existing that they've already looked at for the Buffalo regular property development which is those eight homes. Um lately there's been a uh excess or a lot of actions along Route 27. Uh chairwoman Re Lucy Regal talked with police department MAPD

regarding the causes of those and it was found out was most of them were or all of them were driver error. So, it's nothing that was design flaw with the road or anything else that drivers were messing up like either on their phone or not paying attention. Um, there was discussion of a safet safety campaign for walkers brought forth by Ashley Kohler of the town. Uh, it was called being be seen be safe. We discussed it. Um, I will be talking to the town administrator and the mayor of our decisions if Lucy hasn't contacted, but I would like to remind people out there since it's dark in the morning now, if you're walking, running, jogging, walking a dog, please wear a reflective vest and or at least light colored clothing. Uh, black is not a good color to wear at night. Uh, I've nearly hit a couple people that you turn on a road and they're right by the road in black. So, please remember that and wear reflective clothing so so you can be seen. Um, like to also say that the safety driver event is on again for next year will be held for 11:26 at the carnival ground. Uh, 11 to 3. I believe the new owners of the state farm insurance agency is continuousing that. So, we're happy with that. Um, we discussed speed study results that were the study was held for the um, I want to say South Main down around Chick-fil-A and McDonald's. It was very enlightening and interesting that the highest speeds recorded that way in both directions were approximately 70 m an hour. Um, one coming from 70 crossing over 27 and then the one coming from north going towards 27. So, there are people that are speeding down that way excessively, and that's one of the main reasons why we had a lot of that is probably one of the

higher accident areas in town. Uh, the next meeting is January 27th, 7 p.m. here at town hall. And that concludes my reports. All right. Thank you. Next up, we have the Economic Development Commission and the Recycling and Sanitation Commission with Council Secretary Evans.

Thank you, Council President. Excuse [clears throat] me. The EDC did not meet in November due to the holiday and lack of attendance for the Wednesday before Thanksgiving. I however did meet with U chairman Ray Miller to discuss some more of the action items from the EDC roundt. Um so we're getting more information and making sure that we're attacking those um action items on that for there will not be a meeting for EDC in December due to the Christmas holiday. Our next meeting will be in January. For the sanitation and recycling, we had the Frederick County communications manager for the landfill visit us and give us some information. Um, as of July 1st, there's a $10 minimum for drop offs at the landfill. Uh, they're working on automation to pay online. Um, we switched the yard waste pickup in January to be Christmas trees only and they will showed that he told us that there would be no charge for that drop off because of it's Christmas trees. Um, unless [clears throat] there's other things included with it and then there will be charges for that. There will be no more cash discounts for drop offs and WM won the sorting contract for the recycling Frederick recycling facility. Um he also stressed that please do not bag everything up in plastic bags and put them in the blue bins. Um that's a no no. And then we discussed the next e-waste recycling event which will be May 2nd, 2026. Uh more details to come on that and our next meeting for uh sanitation and recycling is in January. That's all I have.

All right. Thank you. Next up is myself with the board of recreation and parks and the sustainability commission. The stain sustainability commission did not meet last month uh for parks and wreck. It was a short meeting for November. Uh Girl Scout troop 1629 attended to present their silver award project uh which will be letter boxes in Watkins Park and Rails to Trails East. Uh the troop will work with the public works for exact locations and this will occur in the spring. uh and the parks and wreck uh commission just wanted to say kudos to all involved in the October Mount Scary event. There will not be a December meeting for Christmas and we look forward to meeting again in January. And that concludes my report. Next up, we have our town attorney report with Mr. Tom McCarron.

Uh in the uh month of November, uh worked on the two uh uh agenda items. the revised ordinance on water sewer rates with the assistance of Councilman Mund. Um as well as the food truck ordinance with the assistance of uh the town administrator. Um also worked on the resolution for the W uh weather uh siren which as Councilman Demoter um mentioned will be introduced uh next month. um attended the planning commission uh meeting uh mostly devoted to the proposed Warfield uh property annexation as the main topic and a lot there was a lot of discussion about that. Um and then also of course the items on the closed agenda uh most notably the uh the uh pleasants litigation for which we uh prepared and deleted and filed the uh brief to the Maryland appellet court just before um Thanksgiving. Um that's it for my report this month.

All right. We all received our copies of the town administrative report, code enforcement report, and the zoning administrator report. Is there anything to add from those? No, sir. Okay. All right. We're now on to new business. First up, we have a PWA bond released for S-9-000010. This is the Twin Arch Business Park, section 4, lot 18A, J&J trash. This is for approval. Uh, I'll make a motion to approve. Do we have a second? Second. All right. Any discussion? Barney is assuming everything's good to go. Yeah, everything's pretty straightforward.

Okay. All right. Uh hearing no more further discussion. All in favor for the PWA bond release for the Twin Arch business park section 4 lot 18A J&J trash. Please signify by saying I opposed. All right. Thank you. Next up we have another PWA bond release for S-9-000032. This is Twin Arch Business Park section 4 lot 17. This is for approval. I'll make a motion to approve. Do we have a second? Second. Any discussion? I have just some questions for the town engineer. I read this correctly and stuff. This was for the Kingsports project over there. Is that the correct lot? Lot 17,

I think. So, lot 17 was owned by King Sports, but then J&J Trash bought that out. So, J&J Trash is actually the um the holder of that parcel now, correct? Okay, never mind. That was dealt with if um King Sports was still there. And I just wanted to make sure that all the work was done on that lot cuz I know there was some concerns over with their development over there. U but since it deals with J&J questions are mute then. Yeah. I think you're referring to lot 15. Okay. In the center. Cool. Thank you. All right. Any further discussion?

All right. Hearing none. All in favor of approving the bond release for Twin Arch Business Park section 4 lot 17, please signify by saying I. I opposed. All right. Thank you. Next up, we have another PWA bond release for S-21-000022, Twin Arch Business Park, section 2, lot 20. This is for Ultra Utilities. I'll make a motion to approve. Do we have a second? Second.

Any discussion? All right, hearing none. All in favor of approving the bond release for Twin Arch Business Park, Section 2, lot 20, please signify by saying I. I opposed. All right. Thank you. And last on the bond release, we have uh this will be for section S20- 0031 for the Mount Airy Medical Eye Center at Mount Airy Ridge LLC, 1401 Ridge Court. I'll make a motion to approve. Do we have a second? Second. Any discussion?

I got a question on this one too, not regarding There's a note on that says once the bond writer is submitted and accepted by the Department of Community Planning, the bond amount will be reduced. Is that our department of community planning or by the town or the county? I can take that. It is. It's actually uh mislabeled in there. It would be the the planning department. Okay. But community development, but it is the town. Town. Okay. Thank you. Yep.

All right. Any further discussion? All right. Hearing none. All in favor of approving the Mounty Medical Eye Center, Mount Mary Ridge LLC 1401 Ridge Court to have their bond released, please signify by saying I. I opposed. All right. Thank you. Then we are on to our recommendation of approval for fiscal year 2026 paving. This is streets and parks department. Uh I'll make a motion to approve to get a discussion going. Do we have a second? Second. All right. Any discussion? Uh, yes. I have a couple of questions. Okay.

So, the fir first question is for for the town engineer. Was this was this paving planned, let's call it. Was this um coordinated with the streets and roads commission? Uh, it's been talked about at different meetings, but um I don't know that we I didn't go to the streets and roads commission to seek um okay

their input and I I I I bring that up because the I used to be the lay on the streets and roads and if you look at the charter for streets and roads under duties, it says the commission shall review and provide advice on street and road maintenance including including the annual street and road repaving plan for the town drafted by the town of Mount area engineer and shall provide recommendations to the council. So it sounds like this memo andor [clears throat] a an a actual physical repaving plan. Do you have a a separate repaving plan that you develop? So, yeah, we're working on just like the CIP for the water and sewer, working on updating that.

Um, but, uh, this year we didn't have a full paving budget because, um, uh, a good chunk of that went towards the roundabout project. So, um, we had, um, I forget the exact amount, but, um, enough to put, uh, be able to do Prospect near Main Street and, uh, Hill Street. uh make sure that we attack those two projects first. So that was talked about in the budget our budget discussions.

Okay. And then another question. So in the background of the memo, it says uh the bump on the corner of Prospect and Main Street in the downtown area is a problem area that is bothersome to drive on. So I guess my question is, is this a doover? I mean, we paid to have this done once and now we're going to pay to have it done again to to make improvements. Was there something wrong with the previous design? Yeah. And actually, it was my my decision on it. So, um I take responsibility for that one. Um but we were trying the intent was to make the uh pedestrian crosswalk a little more level. Yeah.

Uh by but by doing that, you create a couple humps. um because you're coming down, leveling, then coming down again.

Um it it's not so bad if you stay away from the curb. So, and that's how the white line is is striped to keep drivers away from the curb, but people cut cut that all the time. So, they're always closer to the curb and creates quite a jolt um if you if you drive right there. So, uh the net um improvement would be to there's two ways of improving that. one is doing a massive improvement which would level out that intersection for like about 50 feet and then drop the pavement which would be a very large cost. Uh the second option would be to um do what we're planning on doing which is to um make the crosswalk uh the cross slope more the slope of the road which which is something that we can do.

Okay. And then the another question for the second item, the the problem area prospect at the end of Hill Street with improper storm water dram uh drainage and such. What is this? Another doover. What is this?

That's not a doover. Um uh I don't know if you seen Veterans Way uh Veterans Lane about 20 years ago. Um on the Park Avenue side, it the the road was more level and then it drops at the end. Um and that's how Hill Street is coming into Prospect. Uh the idea is to actually cut out um actually regrade that, take out a good amount of material, more than just the asphalt, make it a smoother slope going down to the road. Uh the other part part of it is there is a hump there. There's a low spot where the trail is and that's holds water. So there's a lot of water seepage into the asphalt and causing causing that to crack and so it's going to fix two problems there.

Okay. Is the plan there. But no, that one's not a doover. The first one is okay.

So just just back to my first comment again. Just just take it with the with the spirit it's intended which is you know it's I believe it's important to have plans. If we say we're going to develop a plan, we should have a physical plan. And if the town code charter for a commission says it's supposed to be coordinated with the commission and the commission shall provide comments back to the council, we should be following what the the charter says. So, I would just encourage you to develop the plans that are supposed to be developed, coordinate them with the commissions the way they're supposed to be coordinated. It's good due diligence. It's good. You know, you get feedback from different commissions. Just I would just ask to follow the process that's that's in the code. So, thank you.

Any further discussion? Uh, if I may short just piggyback on that. Um, when I was on streets and roads commission, I I advocated for and I believe we looked into it [clears throat] heading north on Main Street, right? asking asking the state to if we could put uh guidelines to the yellow line turning left on the prospect. Um there are I've witnessed more than once people coming down the wrong side of the road as I'm approaching uh Main Street. So uh is that at all have we heard back on that? Is that all can we do that at the same time or is that just still in are we in a holding pattern on that?

So that's something that the state would have to do. Um, so we wouldn't be able to necessarily do at the same time, but uh I can follow up on that. Um, I know they had said it was a good idea at the time, but and then silence. Yeah, you got the silence, right? Um, so follow up. Typical state. So I just want to make sure that was still out there. So I didn't know if if Council M was even aware of that.

No, no, I was not. So, I'll I'll make a note and add to it when I I'll let Barney do the initial followup and I'll contact them regarding that. And the um flashing pedestrian crossing lights too to see where it is might be kind of the same answer there with the pedestrian when money avails itself. They'll do it even though it's just painting and everything else. But and and the problem is simply just it's very hard to to see the yellow line because because there's that that dip there. And I don't know, you know, obviously we need to take that into account with the improvements that we're doing, but um it's a it's a it's it's still a hazard.

Yeah, I'll talk to Barney to get what your suggestion was so I'm up to speed on it so I can understand what you were requesting, too. Thank you. If I may, uh Jared, can you make a note of this for our staff meeting on Wednesday? Thanks.

Any further discussion? Uh just sorry quick question. I got sidetracked [laughter] with this. Thanks, Mr. Council Kelly. The um for this paving 2026. I know I ask this every once in a while. Um the money hopefully we'll still have some money and funding left in the uh paving projects to handle the various washboards that are occurring. When I mean washboard when the pavement slides down. I know Candace is getting bad at on the whole way within the town and it looks like I know we did have um not CJ Miller. It was the other paver that we used over on Aaron Drive Laney MT Laney. Um that seems to be sliding again too. I'm not sure because of the traffic or trucks. So we might have to start looking into a better a more concrete solution to that one. Sorry. [laughter] And you indicated looks like I guess we are saving some money by piggybacking on with the uh CJ Miller

paving project. So we are saving overall money on these projects too. Correct. Yes. Okay. Cool. Thank you. Any further discussion?

All right. I just have my only question and uh don't hit me, mayor. [laughter] Um the the biggest the biggest expense we have in this is the the rails to trails central pavement at almost uh 94,578. And I definitely want that to get done. My question is are there roads that are traveled by vehicle right now that are in dire need to be paved that are not because we didn't have a full budget. meaning, you know, while I want this to get done, you know, so bike riders and stuff have easier access to Watkins Park, that's not getting traveled on a daily basis, right? So my question would be, is there other areas that should be hit prior to that in your opinion?

So we have two budgets. Um, this is coming out of the parks. Saw Katie put her hand up so I figured this was coming from somewhere different. [clears throat] So, and some of that is grant money that's being moved over. Um, so, um, we we can't use parks for streets and streets for parks, but So, perfect. Then I can explain that if anyone asks. Why do we spend $100,000 when we have other roads to be, uh, paved? So, that's perfect answer. But there will be um some paving money left over in the streets, which we would look in the spring maybe to combine with the [snorts] next um fiscal year's budget. Okay. To try to get them done together. Okay. Yeah. And I thought that some of that money for the rails to trails was grant money left over too. I just wasn't sure how much. So I wasn't going to really

I kind of figure too, but I don't want to let people make a assumption that it's not, you know. So no problem. So it's better to use grant money than lose it. All right. Any further discussion? All right. Hearing none. All in favor of the recommendation of approval for fiscal year 2026 paving in the amount of $180,000 not or $180,944 to CJ Miller. Please signify by saying I. I nay. All right. 41. Next up, we have our commission appointments and reappointments. I'll go ahead and relinquish to our mayor, Mayor Husher.

All right. Um, [clears throat] got two on the list. Um, first of all, Vincent Cobalt to appoint to the beautifification commission and and we did send out u their applications uh this month. So, they were online. So, you want to go one at a time? Yeah. Okay. Uh, all in favor of Vincent or I'm sorry, we need a motion. I I'd like to make a motion to uh appoint uh Vincent Cobalt to the beautifification commission. All right. Do we have a second? I'll second. Any discussion? All right. Hearing none. All in favor of appointing Vincent Cobalt to the beautifification commission, please signify by saying I. I. I.

Thank you. Okay. And second of all is uh Bradley Lingren to appoint to the board of parks uh recreation and parks. All right. I'll make a motion to appoint Bradley Lingren to the board of parks and wreck. Uh do we have a second? Second. All right. Any discussion? All right. Hearing none. All in favor of appointing Brad Lingren to the board of parks and recck, please signify by saying I. I. I. Opposed. All right. Okay. And uh one more and that's to reappoint France Honken uh to the water and sewer commission. Do we have a motion? I'd like to make a motion to reappoint France to the water and sewer commission.

I'll second. Any discussion? Hearing none. All in favor of reappointing Fran Sonen to the Water and Sewer Commission, please signify by saying I. I. Opposed. All right. Thank you. All right. Next up, we are in our ordinances and resolutions. First up is ordinance 2025-9, water and sewer rate increase. This is for adoption. Do we have a motion? I'll make the motion for adoption of 2025-9 as amended. Do we have a second? Do we have a second? I'll second.

All right, we are now in discussion.

Okay, I'll just start ex uh go over what was amended on it. At the last meetings, it was discussed that we were going to do this in a I want to say a two-step approach as the mayor indicated earlier uh in tonight's meeting. So basically the amended version of this is basically what the water and sword commission put forth earlier just that it is a straight 8% increase for that will apply to starting December 22nd and until changed by an ordinance further further down the line. So that's pretty much the ordinance. It took out the multi-year rate increases and everything else. None of the fees are um altered. I want to say the base fees, the usage fees and everything else. Uh so everything else is pretty much the same as the water and sewer ex that is just a straight 8% um increase in the water bills starting uh with the third quarter billing cycle of December 22nd. And if you have further questions, I believe the mayor brought forth uh a video recently that explains why we have to do this and kind of re recaps the upcoming uh newer ordinance being proposed for the first part of the year.

A clarification please. So fiscal third quarter. Hold on. the third quarter for the billing cycle of the water and sore which begins December 22nd. They're a little bit off way to explain it between say a fiscal quarter and the billing quarter. Okay, that's the be it's just the the way we have to do it just to make sure when we pull down to make sure there's no air in bills or higher than normal numbers. So they don't match up exactly like a fiscal quarter and the billing quarter for the uh warden and sore and if I'm incorrect Katie anybody else can I got married

Mary too but I believe that's what's been explain explained to me that's why it's a little bit different. I'm sorry. I'm not trying to be I'm not trying no the So the next bill we get which will be for due in January will that will not be increased. It'll be beginning water consumption and use on December 22nd. Yes. So the bill that would reflect the high rates would be the April bill. Thank you. Yeah. No problem. Thank you. Further discussion?

Uh yes, a couple comments. Um, and these reinforce uh all the comments I made on the record at the last two council meetings on this topic. But if you go to the first page, one to the third whereas it says whereas after presentation during the November 3rd meeting, the council concluded that a long-term 8% rate increase would be inadequate to meet the goal of reestablishing a fiscally sound water and sewer fund. I want to make the point for myself. It wasn't just about being inadequate that we don't we're not collecting enough money. My issue is I don't approve of the current rate structure. If we're going to go in and make changes to the rates, I don't like just wrapping an overall rate increase around the current tiered structure. So, um I'm pretty adamant about that and I need to see some actual changes in in the tiered structure. And I will say anecdotally, I had a just a passing conversation with the town administrator. I understand that the executive branch is truly looking at re, you know, taking a fresh look at the tiered structures and maybe modifying those um just just rethinking that process. So if that's ongoing, I very much encourage that. So that's that's a good thing to me. Um the other thing is in the whereas statements on the second page at the top of the second page it says um first quarter of calendar year 2026 that may go into effect for the new billing cycles beginning 2026 2027. That's what we were saying earlier. We're trying to develop a a a new hopefully rate structure and rate

increases in a sensible way and to get that in place in time for the next fiscal budget like by next April. My only point in saying that is that's the whereas statement, but if you read the actual ordinance, the ordinance basically says we're going to increase this for 8% and it's going to stay 8% annually unless something else is done. So, I'm just saying I know we're planning on taking an action and I I think we're going to, but this basically says if we do nothing else, we're going to have an 8% increase this year and then that'll continue year after year after year. So, but I am confident that we're going to work through and deliver um another another product. Um I want to rattle off a couple real quick comments. and I just want to get them on the record because I've been thinking about this. This is not necessarily what I would have in a final ordinance, but um if we only went ahead with giving an 8% increase across the board, I just want to get these comments on the record. Um, it would be guess the third page under it's for the water rates where it says six, seven, and eight. You see where I'm at, everyone? Okay. So, I'm gonna I want to just get these comments for the record. And I know that we're probably not going to end up with these numbers, but on number six, um I I would be looking at a rate change

to 872, not 782. On number seven, I'd look at a rate change of 991, not 8.99. On number eight, I'd look at a rate change of 1207, not 1013. Very quickly, under the sewer rates, the very last page, item five, I do a rate change to 630 instead of 540. Item number six, I would propose 748 instead of 567. And item number seven, I would propose 964 in place of 594. If nothing else ever changed, then we never came up with a modified rate structure and we were just going to work off of this. Those were my thoughts to um increase the rates at higher higher tier users. I just wanted to make those comments and those were my comments. Thank you.

Uh I'll let you go first. So I can the mayor I mean I think he was had getting ready to say something because Oh I'm not I'm not proposing that as an amendment. Clarify.

Well, thank you. That's what I was going to ask too because it sounds like that's what he was trying to do is propose a higher than what we agreed upon of an 8% across the board rate to higher tier users which without proof or anything just to get on his soap box and um speak out against what he wants to see Ford trying to um I want to say influence the upcoming discussions with it that he's been proponent of higher ter higher usage rates for higher tier users. But then again, I would suggest you look at how many town how many towns do does have that and what and how that would impact the town itself. So please, if you're going to suggest stuff like that, make it as an amendment, not just to get out there and discuss stuff to throw out there to throw the hand grenade and then run away because I worked very hard on this over many days to do the 8%. And also the whereases was is just that as a statement of what that what we discussed the last time. It is not intended to say, oh, it's going to be an 8% year-over-year what you suggested. It's an 8% one time and one time only. and as whereas is construed as that we will be taking this up again in discussion and no rebuttal is needed please. Thank you,

Council President. Just a quick comment. Again, my my my statements were just just comments. I did not make an amendment. Thank you.

Okay. All right. So, so I just uh you know, for the citizens out there, I mean, the executive branch is looking at this very close and we are working together as a team. There's numerous people on staff that uh you know that have their spoon in the chili on this thing and we're trying to uh trying to do what's reasonable and you know in the end uh council member Demoter I think you'll be impressed with we with what we put together and we will be bringing it to the water and sewer commission so you'll have plenty of opportunity to take a look at it. So thank you councel.

Any further discussion? Quick comment. Uh, I came in here um in the mood that the only the only way I'd be in the mood for voting for a band-aid was to be reassured and confident that there'd be an aggressive, efficient plan to get to the long-term solution. [sighs and gasps] I'm encouraged. I mean, I'm hearing team I'm hearing uh work between the staff and the commission. And that's those are all the things I want. Um, and I mean, it's an aggressive time schedule. It's an aggressive goal, right, for getting it uh back to us in time for budget season. So, all the comments and again, what I'm hearing, Mr. Mayor, that I I'm really encouraged by that. Um, I think the one thing I'm struggling with is um is it is it right to put a band-aid on now because we've already established the 8% isn't the right number, right? Um, is it right? Is it fair? Is it the right thing to do for the pe for the people to do a small step so maybe the later steps are a little less steep? Right. I don't know. So that that that's that's what I'm wrestling with right now.

If if I may, that's the 8% would be factored in um in the long-term solution. So, it'll be less of a hit um down the road. It's it's going to be the same amount of dollars. I don't I don't want to blow sunshine up anybody's um skirt or whatever on this, but finish that. [laughter] I went down that road and I couldn't back

that'll be [laughter] almost. Uh so anyway, uh but I I appreciate your thoughts and and this is a tough one. I mean, I don't I don't like it. My daughter lives here in town and every time she comes over to the house, she heads straight to my wallet [laughter] and and uh you know, and I got to got to pay for it. So, uh I don't want to put a cost on her. I don't want to put a cost on any citizen in town. Truth of the matter is inflation, you know, over the last several years has just gone crazy. And the costs of operating this sewer system, water and sewer system are are outrageous now. And they're not getting cheaper. And we can't keep going annually $250,000 in the hole when, you know, when we know that we're paying half, if not more than half of what every other municipality is is paying. And and the only comfort that I can find in this as as the mayor is that I know that whatever course corrections we make today are the right ones because whoever comes into office behind us is is not going to back up and say, "Oh, they they screwed up. They they charged us too much." Because they're going to look at the budget and they're going to realize we don't have a choice. you know, if we're going to stay a viable town, then um then we have to uh we have to make these adjustments. So, I I hope you approve it tonight. Uh I'll take the tomatoes and the arrows in the back, but uh but we can't keep operating this way and I'm not going to pass it on to the next group. So, and to address Councilman Kelly's, I am confident that even though with the aggressive, we will have by the town administrator and the mayor, we will be

having something presented to us [snorts] March or February to discuss or little bit sooner because we want to tie it into the uh upcoming budget so Katie can figure the new numbers into the budget. The only concern with me is when it gets to the warden and sword commission while they do look at it uh it could be held up there with uh discussions and concerns while it can be corrected later and I'm not disagreeing with the higher tier users but start looking at doing the research the board of sort commission and other people on who these higher tier users are and you will be since I looked into a little bit you might be amazed that some of the small businesses that are that this town depends on are the higher tier users and they're just one or two of them. That's it. So, by raising massively rates on higher tier users now or later or whatever you want to say isn't going to really make a difference. It might make a difference to the small business that we will not have uh certain fresh products within this town that everybody loves uh that and the company supports a lot of stuff within this town. Uh yeah, there are some couple that are multinational corporations, multi-state corporations, but you might be surprised at the smaller businesses that will that are high-end water users within this town. So unfortunately to had a look at it this water to source system the primary user are homeowners and small users. So I get it trying to save money on the um for those users but if you're raising rates that won't cover the cost [snorts]

of what we're trying to do it it's fruitless is the best way to describe it. Sorry that's it. [laughter] Sorry, Councilwoman Evans. Go ahead. If you got comments, sorry. So, my my thing is um to Councilman Kelly's point is we're putting a bandaid on this. Um and I've heard February, March with no firm timeline commitment.

Um what's the last possible moment that we can have it to make sure it's approved in this fiscal budget and that it doesn't keep getting kicked down the road? Not to say that you will kick it down the road, but to make sure that it doesn't. If if you start with the timeline that that starts in May, which is when the budget would be approved, you back it up to April, that's when the budget would be introduced. Okay? Uh back that up to March. Okay? By March, we need to have an ordinance on the table to be voted on, which means that we need by February, we need to be introducing something,

which means by January, we need to be talking to the Water and Sewer Commission and get their endorsement or their input, um, you know, uh, to the ordinance, which means we need a draft ordinance, uh, that would be ready to go in front of them in January. I'm prepared and I did mention it at the uh uh water and sewer commission meeting. Um we may have to have two meetings in January. If we get to uh the first meeting and they're not um you know if they have some adjustments they want to make and uh and we want to make them then we would have a second meeting in January and hash it out so to make sure that we meet that February timeline which means Tom's going to be busy. So okay. So, it's uh it's g it's going to take stars aligning and and moving forward, but we are already ready for the Wednesday meeting uh you know to introduce the concept and uh and uh Barney's worked hard on that and I like I said, I think I'll actually be impressed with what he came up with along with the rest of the staff. So,

so we we have a commitment for February for an ordinance coming before us that's to be introduced to be introduced. This is [laughter] that is my commitment. Okay. That's my commitment. Now, that doesn't mean that for all [snorts] I know in February we have a snowstorm and we got to move the meeting. If we need to have a special meeting, I can call one. Uh so, if we, you know, slide a week or something, I mean, we'll we'll do what we have to do to here's what I'll commit to. we'll have something done by by the budget. Okay. So,

the aggressive timetable that put into whereous is too is to make sure this happens. It it wasn't just oh, I'm going to let you know, oh, the executive staff can just loy down the thing. Now, discussions with mayor and I this is what he proposed. I wanted to whereas so we know out there to the public that there is a set time timetable. Also, the earlier is the better because even though this is not required to hold a public hearing, I would like to do what we did before is some form and maybe not a dedicated hearing a day of it or you know half an hour before. I would like the public to be allowed to come in and comment on on that and we normally don't do a vote the same day we hear something about it. So that allows for the you know this aggressive timetable allows for all that to happen. Hopefully, as the mayor said, there's no blizzard in February or something, but I'm willing to do a special meeting to discuss it since it's important to make sure we have a viable water and storage system now and and long term.

Any further discussion? Okay, I'll uh I'll go with my comments now. I I came in um pretty sure of what I wanted to do, but I wanted to hear uh everybody speak first as I usually do so that I don't I don't think for any reason sway anybody's mind or whatever. Um at the end of the day, this is messy.

There's a and not saying your work is messy. I mean the ordinance in g there's red lines everywhere. There are things that you know getting reviewed. This is not something that um you know it we all are sitting here saying this is not going to fix anything and we need to look at a rate structure within the next two months, 3 months. Okay. [clears throat] I don't know if any of us sitting out there would be confident with all these red lines when it comes to talking about our finances. I'm not. Um, I appreciate the work you did on it,

but I don't think this is something that I want to vote to approve. I don't think it's going to help anything right now. I don't think at this point we don't even know what we're going to be looking at in the next couple months. I don't know what what what they're coming up with, right? I have an idea cuz I'll talk to Jared thankfully. I have an idea, but I specifically stated at the last meeting, I'm not here to band-aid anything. Okay? We're going to fix it or and that's it.

So, to me, this is a band-aid. It's unnecessary. It's messy. And I think before we raise anything, we need to stick to at least what I thought were our guns, that we're going to see a new rate structure. Maybe we're going to see a The RA structure to me wasn't that big of a deal. It was a long-term fix and not a short-term band-aid. Until I see that, I'm not raising these rates personally with my vote. I'm not. Until I can see something on paper that says by year X, you're going to be putting money back into your reserves. Here's how much, here's what it's going to cost, and here's how it's going to happen. until that me I believe it's irresponsible to touch people's finances because we've already done it once and it didn't work. Now we're going to do it again and then in two months or 3 months later we're going to do it again. That's messy, guys. That's just messy. And I didn't like this ordinance to begin with. I don't like it now. And if we're going to do it, we do it right. We do it once. And if it means that hey it's a big step and it's not just a gradual step well then so be it. But it's what we have to do. Finances are black and white. There is no opinion. Things cost what they cost. It is what it is. But this we know it's not going to fix it. All this work that was done for two months.

Yeah. Could have done a lot lot more things with your time. You know, it just it's I want to see what we said we want to see before we touch these rates. That's my opinion. So, I respect May, Mr. No, of course. No, no, no. I just want No, I I respect that. And believe me, red red lines unfortunately are never cleancut as and Tom does have a a plain copy. So, yeah. On red line. First of all, if anybody wants the clean copy, just accept the changes and you get a clean copy. But the the reason I re I'll take the

I don't No, no, no. I want to let me clarify real quick. I don't mean like this is messy. I mean, we we introduced an ordinance that is so drastically different now than what we introduced. Correct. The process has been messy. I could care less about this piece of paper. Yeah. Okay. I just had where I've I've we in the past given a clean copy and a redline copy and not this council, but prior some council members have said, you know, what am I looking at? Which one's the operative one? So, when we've had major changes like this, I've usually recommended just go with the red line. I'll carry the clean to the meeting or email it to

Holiday. And I'm not disagreeing with that. This whole ordinance process for this has been a messy process. Unfortunately, this was like the best compromise just to maybe get something to lessen a late later one. But I mean, if we can vote on it and see where where it goes no matter at the end of the day this another one in March. I just wanted something saying we're also going to look at it again saying that we're we're not going to kick it down the road either. And you get that's why the warehouses were saying specific time timetable and stuff too. And I don't want it and I wanted to get it done in such a way where okay, we get something to Katie or to the budget to maybe help reduce the I want to say the strain on it. Something's better than nothing. And but if we can guarantee something, you know, hopefully we can move ahead this spring with a more final one, but until that time, [clears throat] this is at least gives us a little bit of in increase. And we're not hiding the fact that another another one's

coming down the pike in in the spring. Yeah, basically that's and I and I and I respect your positions and I get it too. It's not an easy This one was not an easy cuz it's like it was introduced once was introduced again and then it's like okay taking multi-year shrinking it down to one. Yeah. And without trying to offer something at the table that is totally different than what the hearing was on. Yeah. And that's what I didn't I didn't want to present something that is a totally changed ordinance from what people saw. The numbers were the same, but the people saw just less of them. No, no, I understand. And and like I said, it it by no means did I mean your work is sloppier. The red line copies, nothing like that. [laughter]

I meant the process. We we presented and we got to a discussion portion. None of us felt comfortable with it. We tabled it. Yeah, we came back uh discussed it more and basically redlined most of it and then we're back again with an 8% but we're all sitting here saying that this isn't going to really matter in the long run but we need to have something in front of us uh to to actually fix it which I think we all agree with that. Yeah. Um, but I I you know, for me personally, I don't I don't need a a baby step to get to the final. Okay.

I just want to see what the final is. I want to trust uh but verify that it's going to within a certain amount of years get us putting money back into the reserves. This does not accomplish any goal that I believe the consensus of this council has set for the water and sewer commission. Therefore, to me, I I don't see a purpose for it. I fully trust Jared. I fully trust the executive board uh to come up with a plan and and I' I've heard some of it already and I I'm very pleased with what I've heard already. Um but until it's on paper, you know, it is what it is, but I I I think that we're going to end up with a good product.

Okay. Yeah. Um, but I I don't think this is necessary and I think that 2025-9 has been kind of just a mess since the beginning.

Um, now what I will also say is, you know, I fully trust our commissions. I I enjoy our commissions and everything, but I I do not want to go into and I'm going to do my best to attend this meeting. And Larry, I would just kind of throw this towards the executive side. I I am hopefully I'm hoping you guys aren't intending to go to this water and sewer commission to get approval. I would fully advise you go there to get advice to get some other people to set some eyes on it and stuff like that. But approval from the commission is not necessary. If as the executive board, if you feel comfortable with what we're doing and what you're doing, then that's to me what matters. You're in the trenches. And I'll be honest, there is not one other commission in this town that dabbles in town finances. Not one. So, I also would like to kind of have a conversation about that as well. These are volunteers and they're great volunteers, but they are not elected and they do not work in the town of Mount Ary. So, the fact that they are dealing with financial things, which finances to me are very important, they're very private. You know, I I that is a concern of mine. And I don't think there's any other commission that doesn't. We've got plenty of issues with our water right now. Plenty that can keep them plenty busy. But I think that we need to make sure that the people that are supposed to be leading this effort are leading it. Of course, they can get thoughts, ideas, answer questions, etc. But again, I'm not trying to tell you how to do your job, but but to me, approval is is not necessary, nor is it necessary to hold up the process uh based on that. And I don't know any other commission that would that would have that ability. Well, so I Yeah, I I appreciate your

comments, too. I would say the board of parks and recreation gets very involved in the finances in town and so does beautifification and so does EDC. So there are commissions that uh that do get involved in in kind of guiding where uh where funds go at different times and even setting uh rates at pavilions and that sort of stuff. But oh, I guess I meant to monthly. Yeah, you understand what I'm saying. Yeah.

Yeah. Uh to your point, we are taking this to the water and sewer commission and uh and we will seek input from them, but no, they're not going to officially give an approval, but we do want we want their feedback and and it seems like at this table uh I continuously hear that uh that we have bypassed a commission on something. So now we're trying to go to a commission and and now it's now we're not supposed to.

No, I think let me clar I think what had me concerned was if they still needed more time to deliberate, it might push it back, etc. I just want to make sure that we're on solid ground with what we we we need to get certain things done going to them. I fully agree with

and and we did introduce that to him in in November and explain what the uh what the timeline would be. Um, I I mean it I don't know where this ordinance is going to go tonight, but I I do want to remind everybody that we started with a tremendous amount of reserves. And the unfortunate thing is that over over the years we we have not been developing houses. Um, and and to your point out there, you when you spoke at public comment, we do get money every time we plug a meter into a house. That's how we built up those reserves, but it's not the full 25,000. That 25,000 goes to several different categories, including parks and wreck. Uh, it goes to the uh uh to the volunteer fire company. uh goes into the general fund and it goes into uh it does go into water in different categories, water and sewer and I think that's about is it about 6,000 of it Katie?

That sounds

yeah about 6,000 out of that 25,000 and and it didn't used to be 25,000 when I first uh came in as mayor I worked with council member Demoter and we restructured all the impact fees. So, uh, you know, and and those all rose up a a little bit, um, you know, for for development. People do not want to develop in this town. I totally get it. I I understand that. Uh, I can tell you sitting here as the mayor, it is a conundrum. uh because everybody wants everything to stay where it is in terms of uh the the cost of the town and everybody wants to keep all the amenities and keep all the activities that we do in the town, but we don't have the reserves to keep picking away at. They are dwindling. We're not we're we're not in the gutter yet, but we are sitting right there where if we went another year

or the curve,

we're not at the curb. Okay. Uh if we went another year, then then we would have to start raising serious questions and and and most of the uh municipalities, I mean, I don't want to throw them all under the bus while I'm on camera to them, but uh but I mean, we we have reserves. We we have done well up to this point and we all enjoyed the fact that we had low water rates for for all those years, but but it's it's over. ARPA came in, it saved us a few years, but uh but now it's time we got to pay our bills. We can't keep going $250,000 into the hole in our uh in our operating budget on water and sewer. So, um I don't know where the ordinance goes tonight, but I am telling you we got to do something. So,

yeah, I would I would fully agree. I I uh I think we all actually agree that something has to be done and something pretty drastic. Um it's just a matter of being done and being done right. You know, I'll go back to when I was campaigning um and going door to door and do you want to develop? Every single person you talked to said, "No, we don't want to develop." Okay. Are you okay with your rates going up because you're either going to develop or you're going to raise taxes. And honestly, I didn't get much push back about raising taxes. I think that it's understandable. Um and but the water rates are the same thing. Either either you develop and you get impact fees and you live off of those or you become self- sustainable. It's been my goal on this council to make Mount Airy more self- sustainable, not keep building because eventually you're going to run out of land to build on and then have to raise it anyway to keep being self- sustainable. But now you're self sustainable living in Rockville. So I think we're good where we're at right now and I think we need to become self- sustainable as a town of about 10,000. So, I think this council, and I won't speak for everybody, but hearing everyone's comments, raising the rates is is absolutely probably going to happen, I think that uh we are on a good path in doing so. I am confident after speaking with Jared and and a little bit with the mayor that we're on the right path of of in this January, February time frame of having this introduction and it being ready to go. I just don't necessarily agree with this two-step process. I I I stated that without seeing a a plan in front in writing that I would not agree to raise the rates. So, I just have to stick with that personally. But obviously, I'll fully back whatever the consensus of this council is. Um, but mayor, I agree with you and you have my full support

that once we have a plan in front of us that shows an overall outcome over the course of x amount of years where we're putting money back in, then I'm 100% on board. Cool. So, I I agree. Um, any further discussion? I just like to say thank you for being honest and upholding. No, no, appreciate the work. Yeah. No, no, thank you. And I and I get it. I just wasn't going to do a multiple bizarre change that no no one has seen. No. Before and you know, I'm fully back and I get it, council president. No, you did absolutely what what you said you were going to do and I think overall it's it's fine. It's just um you know, those are just my thoughts, but whichever way this goes, um obviously, you know, it'll be fine.

That was consideration last month when we discussed this too. So, thank you. But thank you for your time. Any further? All right, we have a motion. We have a second for ordinance 2025-9. It's a water and sewer rate increase. Uh, it's the amended version that everyone has in front of us. It is for adoption. So, at this time, I would ask all in favor of ordinance 2025-9, water and sewer rate increase, the amended version, please signify by saying I. I opposed. Nay. Nay. All right. Thank you. And Carl, thank you again for the work on this.

No, no problem. I'll be more than happy to work with town staff and executive branch moving forward on the new ordinance as well. Yeah. And I think it'll be I think it'll be the right what we're looking for. Yeah. Yeah. So, so do I. Just trying to give us some something now. Understood. Thank you. All right. Ordinance 2025-20. It's a budget amendment to add $80,000 for the South Main Street Roundabout Project. Uh this is for adoption. Uh do we have a motion? I'll make the motion for uh adding $80,000 from the general fund capital budget to fund unplanned utility relocation services for the and other items related to the construction of the roundabout.

All right, I'll second to get into discussion. So, we're now in the discussion portion. Do we have any discussion on the table? Uh yes, I have some thoughts and comments. Sure.

So, [clears throat] and again just [laughter] this is these are not criticisms. These are comments um looking at the record of what's been said on the record at various meetings. So, I have to tell you I I have mixed feelings about this. Um quick recap. If you go back to the April 8th, 2024 council meeting, that's where we had an issue where this project was kind of stuck in the mud and the original contractor was not performing in a manner to get a storm water management design approved by the county. So, this council approved the an additional $33,000 to an additional contractor to help the primary contractor achieve success. I don't know whether we ever took any action on the performance of the first contractor. That's a side discussion. I'd be surprised that we if we did not. Um anyway, um and I think it was at that meeting where the town engineer said that um they were monitoring the original contractor for 18 months and still the stormwater management design was not successful. And that was all supposed to be approved by January of 2023. And here we were at April 2024, still without a storm water management plan that got accepted by the county. So we fast forward to May 5th, 2025. That's where we had to do a rebid of the entire contract for various reasons. And that's where I made the motion and I said, you know, I've been hearing from

MAPD that for a number of reasons and for safety considerations, we need a a curb or some sort of physical barrier running from Chick-fil-A all the way down to the roundabout to facilitate people not still making crazy U-turns. So, everyone was supportive of that. And during the conversation, um, the conversation from the town was, well, we have a contingency fund and we can draw on that contingency fund to fund these safety improvements. And the mayor made a comment, I think we are in good shape on the dollar figure with the contingency funds. So, I I'm not trying to to to pick at anything. I mean, that's everyone's best guess at the time. But the point is, I walked away from that meeting thinking, "Okay, we made an amendment. There's money there. It's going to come out of the contingency fund. Everything's going to be good." What we didn't talk about at that May 5th meeting was how much is in the contingency fund. And maybe being more realistic, the contingency fund is truly there for construction contingencies. So, was it reasonable to assume that we were going to be able to get our safety improvements out of that contingency fund along with any other design contingencies? So now here we are and we're being asked to provide funding for another $80,000 to cover the same safety improvements that I thought we were already going to get covered in the first budget that we approved.

And then the language of this it's the fourth whereas it says additional funding is required to fully cover unforeseen contingency cost and to incorporate the enhanced traffic safety improvements into the originally approved roundabout design. So, so my first question here is it says to fully cover unforeseen contingency costs. Is are these is this is this $80,000 for new design contingencies plus our safety features or do you need part of this $80,000 to still cover changes that that have already been needed? That's my first question. And the second question is out of this $80,000, how much of this $80,000 is going to be allocated for the safety improvements and however much that is, is it going to be enough? Are you going to come back again and say, "Ah, we need more money because we ran out of that contingency fund." Okay. So, so I'm done with my venting, but I've asked some specific questions and maybe you can help me. Thank you.

Sure. So um we had 75,000 in contingency which is only about maybe 3% of the project. So it's a small amount of contingency, right?

Um that was designed for things that we might encounter as you're digging and and something unforeseen. Um we knew there was going to be um some utility uh PTOIC Edison. Uh we're putting in I think nine new street lights. Um so in doing that we have to pay the utility company um uh separately. So uh it's not contingency to the contractor, it's contingency in the budget to allow us to you know pay for um um some utility costs as well. Um but um one you know we had one of the things that when we approved um this budget and it was the um like 30,000 $30 some thousand for that curb the 300 feet of curb for the safety so people don't make the U-turns continuously. um that um we we thought maybe we could capture that in that 75,000. But uh some other things came along. Um and one one in particular was we approved that with 99% storm water management design complete. Uh but that did not go. Um, when when the 100% came came, we had to put in a new manhole, an extra inlet, and and a new uh storm pipe. That added another $40,000 uh to the cost. Um, so that ate up more than half that contingency just by itself. Um, so it was things like that that came along. Um, there was a couple things missed from the design, but they were small items, but they again they still add up. 5,000 here and 8,000 there. Um, so this is kind of where we're at. We don't

anticipate any more uh unforeseen things. We've we they've done a lot of the digging already. They've gotten a lot of the unknowns that um uh most of the circle is is already graded, ready to go. Now it's just matter of fixing the ramps in the next two phases. Um, so when I say ready to go, not paved, but um, they have everything graded, you know, the stone basin, uh, got curbs in, they got storm u, uh, pipes in and and things like that. So, uh, we still need to move to the other phases, which is when we start moving lanes around a little bit. Um, so that's, um, we think this will cover it. Um, I can't guarantee it, but we think this will cover it. Uh we we think we've encountered most everything that we will encounter as far as extra costs. Um so that's kind of where we're at.

Any further discussion? Um got a couple, but no, thank you for your um mostly do due diligence with this and always as in construction projects, I know there's always a contingency funding. What's the normal percentage of contingency for a project we keep? Is it so at least 5% sometimes 10% depending on the type of

Yes. So five five to 10. So we started at a lower number to begin begin with. Part of that was or will be eaten up for the safety improvements that councilman motor brought forth and we all agreed agreed upon. I'm not sure if Sean was here but basically may let's see a council approved the safety improvements for the for the curb. I don't want to put Sean under the bus if he if he wasn't here. [laughter]

Okay. No, thank you. And thank you for when uh some of the questions with this came up when I heard that we were asking you, I discussed some things with you and you answered them fully and sounded like the same things. It's just that some things you just don't know until you start digging. And I mean you try and prepare for everything you can and then some things you can and we approved the bid for the construction and unfortunately the water and sewer engineer was not up to task not the primary engineer for the project. It was a subcontractor I believe for the water and sewer part of it that failed us. And then I believe when [snorts] council president washer came on, we took on the 30 and then we got it correct to where the subcontractor ate the 30,000 or something or something like that, didn't we?

You actually denied it. So we came to you for asking for it, but you denied it. Yeah. And then then the consultant decided that they would just eat those costs.

Okay. So there was no extra 30,000 that went to the water and sore or any anything. They denied it and they ate it. So, I wanted to clarify that up. So, the other things were just unforeseen like moving utilities and as you and you said $40,000 for a man manhole. Unfortunately, they won't bargain on that. It is what it is for unfortunately for the cost of of of utility construction. So, that's about it. I mean, as I said, as you just indicated, most of it's done. Hopefully there will not be any un unforeseen but there always is and hope I mean but the big design construction parts are not un unforeseen. We know how much pave unless there's some massive increase in stone or asphalt or something of that nature. We should be okay. So I'm fine. Thank you. Sorry, council president.

All right. Um, few things. Just, uh, you know, when you when you want clicks, like the Baltimore Sun wants clicks, they like putting up these crazy headlines that makes it seem like everything's, uh, out of control. It's not. Um, of this 80,000, I want to say it was 39,000 for the curb, another [clears throat]

another 29,000 for uh, the stamped concrete, which everybody at this table agreed to. So, this wasn't contractor mistake. This wasn't any mistake. This was actually the the uh six people here saying, "Hey, we want to add this into this project to make it actually viable." So, you know, you're looking at almost $60,000 right there. Um that that we did. Now, here's here's the difference. When we voted on that curb um or we came to a consensus of that curb, you know, we were under an impression and it just was that that would come out of that contingency fund, right? [snorts]

So that's fine. You know, my question is as a council and and I don't think we need a formal vote, but maybe just a consensus now that we know that it's not with the curbing coming out of the contingency. I think that we all need to be okay with still having the curb cuz I think that we we approved it thinking it was coming from somewhere. Now we actually have to add some more money into it and and uh you know maybe we can just roll call real quick with a consensus. Is that viable for you? Is that okay with the council? Let me just get when you say curb, you talk about the safety curb running from the 300 foot of curb. Okay.

And like I said, the only reason why I want to I want to get a a new consensus is because the funds are coming from somewhere different. You know, when we when we came to that um it was coming out of the 75,000 contingency that was already there. Now it's not. So, it's new information. I just want to make sure that we're all still comfortable. And when you say stamp I'm just clarify when you say stamp concrete it clarifies for me too. The curb we were talking about was get where is the stamp concrete? No. Um that is at at the top of the roundabout. They have stamped concrete on each side and then they had a center line I believe is what it was that was just regular concrete and we just to make all of that match look viable. It it's the right thing. I mean it's the right thing to do.

No. No design. I just was imagining when you said when you were lumping those two together. I was figuring the curb was going to be stamped. I was hearing something different from curb curb was 39 curb curb the stamp concrete was was 29. So we're talking two separate Yeah.

portions of the project in other words. Okay. No, I'm okay with the curb because unfortunately yeah it is coming from a new pot of money but even with the construction there I'm seeing people turning into the dirt big trucks. I mean, it's just like people just don't realize that you can just go go around if it's a twominute more detour, it's 2 minutes, but to stop 95% of the people doing those Uturns, the curb should be kept, unfortunately. Yeah. I mean, it is what it is for the cost, but I think in the long run, safety for everybody outweighs uh the cost on this.

Yeah. And from from a former streets and roads, you know, uh commissioner, without that as small as it I mean, 8 in, we're hoping will make a difference, but without any kind of physical deterrent to just make that left, the roundabout is a waste. Yeah. So, you know, that's my opinion. I think others on that commission would agree to it. So, I'm good. Yeah. [clears throat]

Yeah. Just a quick question of clarification. Maybe I'm just using different terms. So, this extra $80,000, is it going to go into an updated contingency fund or we're just calling it different things or is it just $80,000 gets put into the budget? It's just a budget amendment. Okay. Um, again, some of it will go to the contractor, some will go to the utilities. Okay. But but we're we're highly confident that within this $80,000, there's enough to do the safety improvements. Yes. Okay. Yes. Thank you.

All right. Well, again, I I didn't want to rehash an old thing. It's just it's coming from new funds. I just wanted to make sure that we were all on the same page and and knowing that uh I agree the curb has to be done. You know, it people were running over the plastic pylons that were in there, that's why they're no longer there, right? And for everybody that that is up in arms 3 years after it was approved as to why we're doing it, uh, one, you should have been here back before the decision was made. Two, I wonder if you were one of the ones making the U-turn. So, it's being done because it has to be done. If if people didn't make illegal U-turns, it probably wouldn't have to be done. But um you know I agree before I was on council I was actually opposed to it myself but now that we're here we got to make the best of it. So having the curb run all the way up I think is imperative to make the traffic circle useful to ensure that 99.9% of people that don't drive lifted trucks actually use the roundabout. Um so as long as we're on the same page with that

I won't comment on that one. Then I think we'll [laughter] then I think we'll be good. Yeah. Then I think we'll be good. Uh any further discussion or concern?

Uh I just want to make a comment to you council president. I saw some disturbing comments of people as you said you don't come in people don't come in and we're not making a choice here between clean water and this traffic circle the clean water part of the town. People were saying what do you want clean clean water or traffic circle? Well, that shows that people are not paying attention because the clean water part of the town budget is funded by a grant from the state to cover the PAS remediation. So, we are taking care of both the traffic circle to improve safety. As I indicated earlier, people love to go 70 m hour down that road. So, maybe the traffic circle will slow them down hopefully. And also we are providing this town and the people that come visit with drinkable portable water at very little to no cost to the taxpayers of this town. Thank you, Council President.

All right. So, we have a motion. We do have a second uh for ordinance 2025-20. Uh last chance, no further questions or concerns. All right. All in favor of approving ordinance 2025-20. This is a budget amendment to add $80,000 for the South Main Street roundabout project. Please signify by saying I I opposed. All right. Thank you. Thank you, Barney. All right. Next up, we did have an ordinance 2025-21. This is for food trucks for introduction. Uh I was told that we're actually going to hold on this for introduction. If you don't mind, what's that? Not introduce it.

Yeah. So, we're not going to introduce this month. I think that they want to do a little bit more uh digging with the ordinance before we bring it to the table. So, um, we're going to go ahead and just redline that from the agenda now. Um, and then we'll look for maybe next month, uh, January, we'll have an introduction, uh, pertaining to food trucks. Then the objective is to give, um, EDC and some of the local businesses the opportunity to give some feedback on it. Okay. To get a little more detail, more information. Hey, perfect. I like it. And [clears throat] did a fantastic job on the ordinance, too, as well.

Yeah, and I agree. getting uh some um uh input from uh from the town prior to introducing it will be beneficial uh to the introduction. So clean that's what I was going to say. I was going to make a comment too to avoid theliness of the previous ordinance. I'm going to discuss some uh after reading I have some thoughts and cons thoughts about it on implementation and general wording. So, I'll talk to Jared and Councilman Evans about incorporating so we don't get multiple copies here and go through the red line thing again. So, thank you.

All right. We don't have anything under unfinished business. We will have uh two close sessions uh this evening for litigation and land acquisition. At the conclusion of those closed sessions, the December Town Council meeting will be adjourned. We're going to roll call into close session. Uh, and I before we do that, I wish everyone a merry Christmas and a happy new year. And uh, we'll see you next month. Council member Demoter. Hi. Council member Mund. Hi. Council Secretary Evans. Hi. Council member Kelly. Sorry, [laughter] I almost said Galleti. Council member Kelly. I'm only three doors down. [laughter] I I'm an I as well. I'll see you guys later. Hey, Len. [laughter]