CITY OF TAKOMA PARK, MARYLAND
PRESENTATION, REGULAR MEETING AND WORKSESSION
OF THE CITY COUNCIL

Monday, March 22, 2010
 
MINUTES


Minutes adopted July 19, 2010


Closed Session of March 15, 2010
On March 15, 2010, the City Council convened in the Community Center Azalea Room at 6:00 p.m. to vote to go into closed session to: 1) discuss matters related to collective bargaining negotiations with AFSCME (pursuant to Annotated Code of Maryland, State Government Article, §10-508(a)(9)); and, 2) to discuss a personnel matter related to one or more specific individuals (pursuant to Annotated Code of Maryland, State Government Article, §10-508(a)(1)(ii). Motion to convene in closed session by Mr. Wright; second by Ms. Clay (VOTING FOR:  Williams, Clay, Robinson, Schultz, Wright; ABSENT: Seamens, Snipper).  The Council convened in the Council Conference Room for the closed session. Officials Present: Williams, Clay, Robinson, Seamens, Snipper, Schultz, Wright; Staff/Others Present: Matthews, Carpenter, Ludlow.  Council discussed the negotiations regarding the AFSCME contract and provided direction to staff. The Council then heard the City Manager’s presentation regarding staff reductions. Following the closed session, the held an administrative function session, then attended the Ward 2 reception. Council later reconvened in the Azalea Room at 7:32 p.m.

Administrative Function Session of March 15, 2010
The City Council met in the Council Conference Room at 6:56 p.m. on Monday, March 15, 2010, to meet and confer with the City Manager regarding her contract. (OFFICIALS PRESENT: Williams, Wright, Clay, Robinson, Seamens, Snipper, Schultz; STAFF/OTHERS PRESENT: City Manager Matthews)  

CALL TO ORDER

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.

PRESENT:
Mayor Williams
Councilmember Clay
Councilmember Robinson
Councilmember Schultz
Councilmember Seamens
Councilmember Wright
City Manager Matthews
City Clerk Carpenter
Public Works Director Braithwaite
HCD Director Daines
 
ABSENT: 
Councilmember Snipper
 
COUNCIL COMMENTS

Ms. Clay asked the City Manager to compile a set of responses from comments on Ward 2 night. She asked for an update on the road patch at 403 Boyd Avenue and parking enforcement in front of the fire station.

Ms. Matthews said that the Police Department has been checking the fire station on a daily basis. She said that some tickets have been issued or, in some cases, the officer has used his or her discretion to ask that the vehicles be moved.

Mr. Wright commented that a fair number of right-of-way areas were damaged during the snow and clean up. He asked what would be happening to the property that was damaged by the City in front of residents’ homes.

Mr. Wright noted the City’s schedule for street sweeping. He said he would be asking residents in his ward to try not to park on the street or park on alternate sides to provide a clear path for the street sweeper. He asked Ms. Braithwaite to provide schedule information for that purpose.

Mr. Seamens encouraged residents to complete their census forms quickly. He noted the importance of having forms returned by apartment dwellers, who are typically less responsive.

Mr. Williams reminded residents about the Saturday, March 27 census festival scheduled for the Takoma/Langley Crossroads. Mr. Williams announced a meeting at Piney Branch Elementary School to discuss and support the removal of polystyrene lunch trays from the school.

Mr. Williams reported that the Highway User Revenue funds had been reduced by 90% by the State. He was working with the MML Legislative Committee on the issue. He also noted that he would be meeting with the new State Highway Administration District Engineer and welcomed suggestions for issues to bring up with him.

Mr. Schultz noted the damaged curb and gutter on New Hampshire Avenue and suggested Mr. Williams mention that to the District Engineer.

Mr. Williams announced that there would be no City Council meeting on March 29, instead, residents were invited to attend a listening session on alcoholic beverage laws in Takoma Park.

PUBLIC COMMENTS

Pat Loveless, 7620 Maple Avenue, asked if people could phone in to City Council meetings with comments.

Margaret Bowman, 7509 Hancock Avenue, commented on the stormwater project at Hancock and Sheridan Avenues. She said she was very impressed with the solution devised to deal with erosion issues at the site, by creating a structure to slow the water, address flooding, clean the pollutants, and enable native plants to live there.

Kay Daniels Cohen thanked Ms. Bowman for her efforts on the project.

Carol Hotton, 101 Sheridan Avenue, said she definitely supported the stormwater project.

Kay Daniels-Cohen, President of SS Carroll Association, commended Public Works for its response to the three snow storms. (The commendation from SS Carroll is attached.)

CITY MANAGER’S COMMENTS

Mr. Seamens requested the City Manager to have code enforcement visit the site of the graffiti at the stores on Maple Avenue, to ensure quick removal.

PRESENTATION

(1) Update from County Councilmember Marc Elrich

County Councilmember Marc Elrich briefed the City Council on the County budget, the school budget and maintenance of effort, the proposed bus rapid transit system, a project of Valerie Ervin's in the Kennedy school cluster to share data between Montgomery County and the school system, and the ambulance fee and energy tax proposed for FY 2011.

City Councilmembers also mentioned the Sligo Park Hills traffic study, tax duplication payments, the housing supply for low income residents, and the differences between commercial and residential tax rates.

REGULAR MEETING

(2) Second Reading Ordinance Awarding General Obligation Bond Financing for a State Retirement and Pension System of Maryland Deficit

Motion to adopt Second Reading Ordinance 2010-14 Awarding General Obligation Bond Financing for a State Retirement and Pension System of Maryland Deficit. Moved by Councilmember Clay, seconded by Councilmember Schultz.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, and Councilmember Seamens; ABSENT:  Councilmember Snipper, and Councilmember Wright)

Second Reading Ordinance 2010-14 (attached)

(3) First Reading Ordinance Amending the Stormwater Management Code

Ms. Braithwaite noted that the ordinance was to be in effect by May 4, pursuant to the State’s requirements. She said she had reviewed the amendments to the State regulations, and did not feel there was a need to change the ordinance as a result of the amendments.  She said the City has two permit applications pending. She anticipated that both would receive permits before May 4. She indicated that the new regulations would require developers to use environmental sight design before using any structural design features (such as pipes or channels).

Councilmembers questioned Ms. Braithwaite about the Task Force on Environmental Action’s comments. Ms. Braithwaite said that as long as the City was not weakening what was mandated by the State, the State would consider modifications. There is some flexibility for the City.

In response to other questions, Ms. Braithwaite said the new regulations require some innovative design work to meet the guidelines. She said the architectural and development community is well aware of the requirements and is incorporating the new requirements into designs.

Motion to adopt First Reading Ordinance 2010-15 Amending the Stormwater Management Code. Moved by Councilmember Clay, seconded by Councilmember Robinson.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, Councilmember Seamens, and Councilmember Wright; ABSENT:  Councilmember Snipper)

First Reading Ordinance 2010-15 (attached)

(4) First Reading Ordinance Amending Takoma Park Title 6 Housing (Ch. 6.16 Landlord-Tenant Relations and Ch. 6.24 Commission on Landlord-Tenant Affairs)

Ms. Daines presented the amendment. She noted that it would require a 48 hour written notice to a tenant before a landlord enters the unit, unless in the case of an emergency. The tenant may refuse entry, as long as it is not unreasonable. The landlord may go in on less than 48 hours’ notice if the tenant agrees to it in writing. The ordinance would allow up to $400 in damages to be awarded to a landlord or tenant by COLTA.

Mr. Wright asked for a clarification, that if the tenant does not respond to the notice, consent is implied. Ms. Daines confirmed that this would be the case.

Mr. Robinson asked if the landlord could go to COLTA if a tenant refuses entry. Ms. Daines confirmed that a landlord could go to COLTA, which could issue an opinion and order, and assess damages. A tenant would have a right to appeal the decision to the court. She noted that, in reality, these issues are usually negotiated.

Mr. Seamens commented that the draft ordinance was a significant improvement. He reiterated that the Housing and Community Development Department's perspective is different than the tenants' perspective.

Ms. Daines said she recognized the issue, but it is difficult to act on a problem unless the Department is aware of it.

Motion to adopt First Reading Ordinance 2010-16 Amending Takoma Park Title 6 Housing (Ch. 6.16 Landlord-Tenant Relations and Ch. 6.24 Commission on Landlord-Tenant Affairs). Moved by Councilmember Clay, seconded by Councilmember Seamens.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, Councilmember Seamens, and Councilmember Wright; ABSENT:  Councilmember Snipper)

First Reading Ordinance 2010-16 (attached)

(5) CONSENT AGENDA

A. Single Reading Ordinance 2010-17 Awarding a Contract for a Stormwater Project on Hancock and Sheridan Avenues (attached)

B. Resolution 2010-14 Recognizing Arbor Day in Takoma Park (Saturday, April 10) (attached)

C. Resolution 2010-15 Approving the Continuation of the Washington Adventist Hospital Land Use Committee (attached)

D. Resolution 2010-16 Awarding Small Community Grant Funds (attached)

E. Resolution 2010-17 Endorsing the Greater Washington 2050 Compact and Authorizing the Mayor to Sign the Voluntary Compact on Behalf of the City (attached)

F. Resolution 2010-18 Appointing Darsie Cahall, John Urciolo and HTI Representative James DiLuigi and HTI Alternate Representative Caroline Alderson to the Facade Advisory Board (attached)

G. Resolution 2010-19 Amending the City Manager’s Employment Agreement (attached)

H. Resolution 2010-20 Extending the Term of the Task Force on Environmental Action (attached)

Motion to adopt the consent agenda. Moved by Councilmember Robinson, seconded by Councilmember Seamens.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, Councilmember Seamens, and Councilmember Wright; ABSENT:  Councilmember Snipper)

WORKSESSION

(6) Continued Discussion of City Lot and Other Takoma Junction Issues

Kay Daniels-Cohen, Howard Kohn, and Roz Grigsby were present to represent the Takoma Junction working group. They requested that the Council appoint a Takoma Junction Task Force to consider 1) disposition of the City lots; 2) traffic dysfunction; 3) business and economic revitalization; 4) parking; and 5) quality of life.

Council discussed the proposal, the amount of staff time that may be needed, the need to set an agenda for the task force to ensure that there is a good connection with the Council, how to make the task force representative of different areas of the City, and the need to leverage community resources in the work of the task force.

ADJOURN

The Council adjourned for the evening at 10:16 p.m.