City Council Meeting - Monday, October 19, 2009

CITY OF TAKOMA PARK, MARYLAND
SPECIAL SESSION AND WORKSESSION
OF THE CITY COUNCIL

Monday, October 19, 2009

(Minutes adopted January 4, 2010)

PRESENT:
Mayor Williams Councilmember Clay Councilmember Robinson Councilmember Seamens Councilmember Snipper Councilmember Victoria Councilmember Wright		City Manager Matthews City Clerk Carpenter HCD Director Daines Police Chief Ricucci Assistant City Attorney Sigman City Planner Lam Landlord Tenant Specialist Wilds

The City Council convened at 7:30 p.m. in the Azalea Room of the Takoma Park Community Center -- Sam Abbott Citizens Center, 7500 Maple Avenue, Takoma Park, Maryland.

COUNCIL COMMENTS

Councilmember Victoria commented on the status of the Public Safety Citizens Advisory Committee. She said she had listened to comments from the last meeting and had agreed with many of them. She said she would recommend shelving the Committee until the Council decides what to do.

Mayor Williams said his sense was to put the Committee on hold pending consideration of a revised mission. He said he would schedule a brief discussion to have a vote as to whether to keep the Committee active or put on hold.

Councilmember Robinson agreed with the idea of having the discussion.

Mr. Robinson noted recent instances of crime involving weapons. He said it was important for residents to be careful, lock their doors, call the police when needed, and look after each other.

Mr. Robinson said he had been contacted by the Community Band because the group still feels they are unclear as to their status and use of Heffner for their music storage and practices.

Councilmember Clay said she had also been contacted by the Band. She asked the Mayor to schedule a discussion of the issue.

Ms. Clay announced that she would be hosting a Halloween party at her house on October 30.

Councilmember Seamens suggested that the Council host a pool party after the November 16 swearing in.

Councilmember Wright commented that in door knocking for the election, he had heard about a number of issues: crime; pedestrian improvements that were needed; that residents were happy with the outcome of the school boundary study; that there are continuing problems on the Takoma Park Elementary School temporary busing. He also said he had heard a suggestion to provide a line item for residents to contribute to the tree fund, and there were questions about why the City cannot accept all payments electronically.

Councilmember Snipper noted that he had attended the COG forum on obesity and nutrition in schools. He said it was reported that walking to school improves fitness. Mr. Snipper said the city still has some places that could use sidewalks and he hoped that more would be built.

Mr. Williams noted for the record the passing of Ruth Abbott (wife of former Mayor Sam Abbott).

Pat Loveless, 7620 Maple Avenue, commented on Halloween safety issues.

Ms. Matthews provided time for Chief Ricucci to report to the Council on crime.

Chief Ricucci reported on car break ins. He noted that two of the 14 vehicles broken into had been unlocked. He said he had some information about a suspect who used an ATM.

Chief Ricucci reported on the robbery that took place over the weekend. He said the police are seeing more violence associated with crime. He had increased uniformed and plain clothes patrols, late night patrols, and patrols around the Metro. He encouraged people to contact the police if they see anything suspicious, at 301-270-1100.

(1) Second Reading Ordinance Amending Takoma Park Code Chapter 13.12 Parking Meters

Ms. Daines noted minor changes made to the ordinance since first reading. In response to questions from Council, Ms. Daines said that administrative regulations would be developed early in the year. Parking meter specifics in the ordinance will expire when the regulations are adopted. The administrative regulations will also set locations for parking meters.

Motion to adopt Second Reading Ordinance 2009-54 Amending Takoma Park Code Chapter 13.12 Parking Meters. Moved by Councilmember Snipper, seconded by Councilmember Wright. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Snipper, Councilmember Victoria, and Councilmember Wright)

Second Reading Ordinance 2009-54 (attached)

Ms. Matthews explained that the resolution would establish a process to provide for requests for funding of amounts over $2,500. Early Council review of requests would allow the Council to provide guidance for the City Manager prior to preparation of the budget.

Mr. Seamens moved to amend the resolution to add a requirement that the calendar for receipt of grant requests be published by October 1 of each year. The motion was seconded by Mr. Wright. The motion carried; Mr. Snipper opposed.

Motion to adopt Resolution 2009-66 Approving the Process for Review of Large Grant Requests (over $2,500). Moved by Councilmember Clay, seconded by Councilmember Snipper. (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Seamens, Councilmember Victoria, and Councilmember Wright; AGAINST: Councilmember Snipper)

Resolution 2009-66 (attached)

Emily Schabacker, Chair of the Ethics Commission, presented the report (attached). Commission members Murphy and Anderson were also present.

There was discussion about publications of advisory opinions. Mr. Snipper suggested publication of a short summary to provide public notification that an opinion had been issued. Mr. Seamens suggested looking at what other jurisdictions do. He also noted that he would like to see some changes in the process and said he hoped to look at revising and improving the ordinance.

Mr. Williams suggested that after some research is done on the practice of other jurisdictions, that the Ethics Commission return to discuss revisions to the process.

Ms. Clay indicated that she would like complaints to be published in a more proactive way. Mr. Robinson expressed interest in a FAQ of ethics, as an educational tool.

COLTA Chair, Jarrett Smith, was present for the discussion, along with Mr. Wilds and Mr. Sigman.

Mr. Sigman indicated that the worksession had been scheduled to respond to some issues raised when COLTA made it’s report to the Council over the summer.

The issue of illegal entry by landlords had been raised. Mr. Sigman commented that it is not a common problem. Rather than imposing more laws, the better approach is to be sure that all are aware of the requirements.

Another issue raised had been the issuance of subpoenas by the Commission. Mr. Sigman said staff was aware of overzealous requests for subpoenas when the facts were already in the record. He said staff suggested changes to make it easier for COLTA to deny a request for a subpoena. The Commission would be able to hold the record open if it turns out that the witness was needed.

The issue of subpoena enforcement was also raised. Mr. Sigman said it would help if the Commission had express authority to enforce a subpoena by going to court.

Another issue raised was enforcement of COLTA orders. Mr. Sigman said there had been a problem on occasion, typically stemming from the landlord’s financial situation or when a landlord could not be located or if the property was in receivership. Mr. Sigman said he did not believe additional laws were needed.

Mr. Smith added that he had discussed the subpoena issue with the Commission and if the enforcement authority could be added to the Code, it would be helpful.

Council discussed the information and recommendations and asked questions. Council requested that fines for noncompliance by landlords be reviewed to ensure they were high enough.

Ms. Clay said she would support changing the law so that a landlord could not enter a unit with no notice unless there was an emergency. She suggested that a 24 hour notice be required. Mr. Seamens agreed, referencing 6.16.140(A)(2) that allows a landlord to enter without written notice within two weeks of a tenant's request to make repairs. Mr. Snipper said if such a rule were written, it would be helpful to have some way to adjust it for situations outside the landlord’s control (for plumbers or other contractors).

Mr. Sigman suggested that tenants could be given the opportunity to waive the notice under certain circumstances.

Mr. Seamens suggested that the notice need not be written.

Mr. Wilds said he would need to research the issue further, but recommended that written notice be required.

Mr. Sigman was asked to come back with recommended code revisions and options for the Council.

Ms. Lam provided an overview of the proposed new CR Zone and presented her recommendations.

The Council discussed the recommendations and made comments to be incorporated into a resolution for the October 26 agenda.

The Council adjourned at 11:17 p.m.