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City Council
Minutes of City Council Meetings | Agenda for next City Council Meeting
MINUTES OF CITY COUNCIL MEETINGS
CITY OF WESTMINSTER, MARYLAND
July 28, 2003
QUORUM:
A Meeting of The Mayor and Common Council was held in the City Hall Council Chambers, located at 1838 Emerald Hill Lane, on the evening of July 28, 2003, at 7:00 p.m. Mayor Dayhoff; Council President Halstad; Council Members Albert, Chiavacci, Ferguson, and Wack; Planning and Public Works Director Beyard; City Treasurer Urban; City Attorney Walsh; Police Chief Joneckis; and City Clerk Taylor were present.
MINUTES:
Upon Motion of Mrs. Albert, seconded by Mr. Ferguson and unanimously passed, the Minutes of the Meetings of July 14, 2003 were approved.
CONSENT CALENDAR:
The Consent Calendar consisted of the approval of parking permit incentives; approval of a leave of absence; and assignment of an Acting Chief of Police. The Mayor noted that he, Council President Halstad, and the Public Safety Committee Chairperson all recommended appointing Major Dean Brewer as Acting Chief of Police effective August 1, 2003. Mayor Dayhoff thanked retiring Chief Joneckis for his 29 years of hard work. Dr. Wack moved to approve the Consent Calendar. Mr. Chiavacci seconded and the Motion carried unanimously.
BID:
Council President Halstad noted that Charles J. Miller, Inc. of Hampstead, Maryland submitted the lowest of three bids to perform the annual roadway paving contract in the City. The contract price would be limited to $250,000 as per the Fiscal Year 03-04 Budget. On Motion of Mr. Chiavacci, seconded by Dr. Wack and unanimously passed, the bid was accepted.
REPORTS FROM MAYOR:
… Read a Proclamation making August 5, 2003 National Night Out.
… Requested Council Members to advise City Planner Siders of their availability for a strategic planning session in October.
… Noted that the Concerts in the Park series, the Annual 4H Fair, the Pennsylvania Avenue Block Party, and the First Annual Celebrity Golf Tournament all were extremely successful.
… Thanked residents Robin Kable and Karen Loats for filling planters on Main Street.
… Announced that Celebrate Local Heroes Day would take place in Dutterer’s Park on August 17, 2003 and that the Union Street Block Party would take place on August 2, 2003.
… Thanked everyone involved in responding to a sinkhole at the intersection of Anchor and West Green Streets and had Mr. Beyard summarize the remediation work.
ORDINANCES AND RESOLUTIONS:
At the request of Council President Halstad, Mr. Walsh summarized recently received comments from the American Civil Liberties Union concerning Ordinance No. 704 – Parades and Demonstrations. Following a lengthy discussion about the comments, Mr. Walsh suggested amending Ordinance 704 in two ways. First, a sentence would be added after the first sentence in Section 109-14: “Such appeal shall be taken in accordance with Section 7-201 et seq. of the Maryland Rules of Procedure.” Second, Section 109-15.3 would be deleted. Mr. Ferguson stated his belief that permits should only be required for parades, not for sidewalk demonstrations. Mr. Chiavacci moved to adopt Ordinance No. 704 with the amendments suggested by Mr. Walsh. Dr. Wack seconded the Motion. Mrs. Albert indicated she would support the Motion but that she had concern about the deletion of Section 109-15.3. Mrs. Albert, Mr. Chiavacci, and Dr. Wack voted to adopt the Ordinance as amended. Mr. Ferguson voted nay.
At the request of Council President Halstad, Mr. Urban summarized Ordinance No. 708 – Amendments to the Procurement and Contracts Chapter. The Ordinance reassigns responsibility for procurement and contracts from the City Clerk to the City Treasurer. It also allows the City Treasurer to authorize emergency procurements in extremely limited circumstances. On Motion of Mrs. Albert, seconded by Mr. Ferguson and unanimously passed, Ordinance No. 708 was adopted.
Council President Halstad summarized Ordinance No. 705 – Utility Permits and Resolution No. R03-15 – Utility Permit Fees. Mr. Beyard explained that the Ordinance authorizes the Director of Planning and Public Works to issue permits for digging up any part of the streets, sidewalks or public places of the City for the purpose of laying down utilities. It further authorizes the Mayor and Common Council to establish permit fees. Resolution No. R03-15 establishes a fee of $350.00. Mr. Beyard added that the fees are necessary because street cuts shorten the life of a street and create other expenses for the City. The revenue will be deposited in the Street Overlay Fund. Mr. Ferguson moved to Introduce the Ordinance and Resolution. Dr. Wack seconded and the Motion carried unanimously.
At Council President Halstad’s request, Mr. Beyard summarized Resolution No. R03-13, which amends Resolution No. R03-5 pertaining to designation of metered parking zones, and Resolution No. R03-14, which amends Resolution No. R03-6 pertaining to the implementation of parking permits. The Resolutions change the effective date of new parking regulations and rates to September 2, 2003. The Resolutions also authorize the Mayor and Common Council to authorize discounts and promotional options for meters and for parking permit charges. Dr. Wack made a Motion to Suspend the Rules of Order and Procedure in order to introduce and adopt the Resolutions. Mr. Ferguson seconded and the Motion passed unanimously. Mrs. Albert moved to adopt the two Resolutions. Mr. Ferguson seconded and the Resolutions were adopted.
NEW BUSINESS:
A closed meeting was scheduled immediately to follow the regular session on Motion of Mr. Chiavacci, seconded by Mrs. Albert and duly passed, to discuss a personnel matter and to obtain legal advice, as authorized in Section 10-508(a)(1) and (7) of the State Government of the Annotated Code of Maryland.
MISCELLANEOUS BUSINESS:
Mayor Dayhoff and all five Members of the Common Council attended the closed meeting held at 8:55 p.m. following the regular session in City Hall. City Attorney Walsh also attended. The purpose of the meeting was to discuss a personnel matter and to obtain legal advice in accordance with the State Government Article.
DEPARTMENTAL REPORTS:
With regard to the Law Enforcement Officers’ Pension Plan, Mr. Urban advised that the Board of Trustees for the Maryland State Retirement System approved a 10-year payback plan for the credit earned resulting from adoption of the LEOPS Program.
Mr. Beyard recommended that the Mayor and Common Council approve the appropriation of up to $150,000.00 from the City benefit assessments funds to pay contractors that worked on the sinkhole described above in the Mayor’s Report.
CITIZEN COMMENTS:
City residents Phyllis Pollard, Christina Lockard-Windsor, and Jesse Lockard complained that a local service garage was filling up their parking spaces with its customers’ vehicles. The City created the spaces for the residents several years ago. Their complaint was referred to the Public Works Committee.
City resident Debby Redeker complained about pedestrian safety. Chief Joneckis and Mr. Chiavacci advised her that the law protecting pedestrians in crosswalks would become stricter on October 1, 2003.
City residents Ken Warren and Rebekah Orenstein complained about vehicles speeding on Pennsylvania Avenue. Ms. Orenstein thanked the City for helping with the block party on Pennsylvania Avenue. She reported that she has noticed an increase in discriminatory conduct in her neighborhood.
Ms. Sylvia Tejeda of Green Street voiced her opinion that sidewalk demonstrations should require no permit. City resident Mr. Richard Serrao complained that he had insufficient opportunity to review and comment on the Parades and Demonstrations Ordinance.
City resident Lori Graham thanked Chief Joneckis for his work, especially on Pennsylvania Avenue.
Mr. Warren distributed printouts of incident reports to the Mayor and Common Council.
Council President Halstad adjourned the meeting at 8:45 p.m.
Laurell E. Taylor
City Clerk
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