Mayor & Common Council Meetings

CITY OF WESTMINSTER, MARYLAND MAYOR AND COMMON COUNCIL MEETING APRIL 8, 2013 QUORUM: A meeting of the Mayor and Common Council was held in the Council Chambers at City Hall, 1838 Emerald Hill Lane, Westminster, Maryland on the evening of April 8, 2013, at 7:00 P.M. Mayor Utz; Council President Halstad; Council Members Whitson, Chiavacci, Wack, and Frazier; City Administrator and Acting City Clerk Wolf, Chief of Police Spaulding, City Treasurer Palmer, Director of Public Works Glass, Director of Recreation and Parks Gruber, Director of Community Planning and Development Horn, Director of Housing and Preservation Services Beyard, and City Attorney Levan were present. CALL TO ORDER: Mayor Utz conducted the public hearing on PHA Administrative Plan and PHA Annual Plan. The Mayor and Common Council review the PHA Administrative and Annual Plan for the City Public Housing Agency each year. This document provides the rules for how the program is operated by the City Public Housing Agency, based on the requirements of Federal regulations. Mr. Beyard pointed out some of the highlights to the changes that are recommended by the Housing Department. Section 8 landlords have to comply with the requirements of the Rental Licensing Program and all of the standards required for property maintenance. The definition of “Victims of Domestic Violence” was added and the requirements to meet the preference of Domestic Violence was transferred. Under “Live-in Attendants,” social worker or case worker has been removed from the 2013 Administrative Plan because all approval for a Live in Aide must have certification from a medical doctor and verification of the requirement must include required hours for the Live in Aide. Family Unification was removed as a preference. Mr. Beyard explained that there are four special vouchers for assistance without the requirement to be on the waiting list. The vouchers are handled by referral from the Department of Social Services and are applied and tracked independently. General Health and safety and cleanliness were added to one of the categories when looking at the inside of a property. He commented that these are a few changes out of 173 pages of the Administrative Plan. Mayor Utz questioned if the list of changes needed to be approved by the government. Mr. Beyard replied that the changes needed to be approved by the Council. Mayor Utz inquired that the Council can then enact the changes. Mr. Beyard replied yes. Mr. Chiavacci questioned if the 173 pages of the Administrative plan was driven by the Federal government. Mr. Beyard replied that it mostly comes from the Federal government, but then can make changes locally to ensure that those who are receiving the help are those in the Westminster area. With no additional comments or questions from the Common Council and the public, Mayor Utz closed the public hearing. Mayor Utz read a proclamation declaring the week of April 14th through April 20th as National Public Safety Telecommunicators Week. Communications Supervisor Brenda Roper and Communications Specialists Dylan Bedwell were recognized by the Mayor and Chief Spaulding. Mayor Utz also read a proclamation announcing that April 2013 is Fair Housing Month MINUTES: Upon motion of Mr. Chiavacci, seconded by Mr. Frazier and unanimously passed, the minutes of the Council meeting of March 25, 2013 were approved. REPORT FROM THE MAYOR Mayor Utz shared his sincere gratitude to the Carroll Arts Council for putting on a great Peep Show. He commented that it has gained National recognition through many outlets. Sandy Oxx and staff and members of the organizations need to be commended publically. He shared that this event packed the City for two weeks. REPORTS FROM STANDING COMMITTEES Mr. Frazier shared his experience regarding a Westminster Emergency vehicle. He explained that an ambulance had been parked in a no parking zone of a restaurant that he was walking into and discovered that the EMT’s were not there for an emergency, but to pick up food. He was concerned about the EMT’s using the vehicle for personal use as well as parking in a no parking zone when there was not an emergency. He commented that this does not look good on the City and that he has contacted Mr. Cumberland. Have spoken to a handful of people regarding this issue and have had heard two other complaints. Mr. Chiavacci explained that when emergency personnel are on call they must respond in a timely manner. Many times emergency personnel drive the emergency vehicles to do things such as pick up their lunch or dinner so that if they do receive a call while on their break, they are able to get into the vehicle and respond to that call as quickly as they can. Dr. Wack shared that he had the same experience as Mr. Frazier and when he was leaving, the EMT who had been picking up her food received a call and immediately ran out to respond to the call. President Halstad questioned Chief Spaulding about the emergency vehicles parking in a no parking zone. Chief Spaulding replied that the no parking zones are designated for emergency vehicles to have access if they need it. It would be highly unlikely that a parking citation would be written to emergency vehicles. He would presume that the same types of circumstances that the Council described. They are on duty, they are working, they have a need to respond to an emergency should one occur. They need their vehicles close rather than having to run five miles across the parking lot to get to their emergency vehicle to respond to a call. Mr. Frazier commented that he can see why they have to take the emergency vehicles, but disagrees with them parking in a no parking zone. Dr. Wack reported he has been in contact with staff at Waste Not! Carroll over the past couple of months regarding the idea of ‘pay-as-you-throw’ trash collection. He shared that he had asked Mr. Glass to pull together numbers about the City’s recent experience is with trash, including total tonnage and what percentage we’re recycling. He shared that Waste Not! Carroll did a nice job pulling together an analysis comparing Westminster to other municipalities - both in terms of the amount of trash generated and the percentage recycled. Dr. Wack complimented Mr. Glass for doing a great job with keeping our costs as low as possible. He shared that there could still be ways to reduce those costs even more. He suggested encouraging more citizens to recycle because we do not pay the same tipping fees for recycling and composting of organic materials. This could reduce water stream costs by 40-60. The problem is there is not any easy, low cost way to get from where the city is today to that arrangement. Dr. Wack shared that the best solution would be a ‘pay-as-you-throw’ system to reduce expenses for trash collection and pass those savings back to the tax payer in form of a tax cut. Dr. Wack went on to report that April 15 will be the City’s first budget workshop. He shared that healthcare costs increased thirteen percent ($190,000). He also shared that the City received a $198,000 rebate from the previous year. The L.E.O.P.S. Pension for Police Officers increased to $168,000, which will continue at that level as an annual cost to the City. He explained that the City has been planning for these changes so they could be absorbed without much hardship. He explained that the City Staff has not had a salary increase for five years, and the FY 2014 budget will include a 3% increase for staff. The City is proposing to fund $250,000 for the Fire Department again. Dr. Wack explained that the City will receive highway user funds, which will be put toward the Street overlay program. He shared that there have been some unexpected additions to the Capital Improvement Program. These items include replacing furnaces in the Police Department building, finishing Wakefield Valley Trail, repairing the Skate Park, and funds for fiber as part of the Broadband Study. He also shared that there will be a one cent property tax cut proposed for citizens. Dr. Wack questioned Ms. Levan about the legal definition of insubordination and any particular criteria needed to be met before it can become actionable. Ms. Levan replied that insubordination would be when an employee acts in a manner contrary to a direct instruction from the employee’s supervisor. The offense may be minor or major depending on the seriousness of the offense and the employee’s previous history. Dr. Wack noted that there will always be friction between people working in a large organization. However, he noted it should be clear that supporting the Mayor, the City Administrator and the Department Heads, and making sure they get the respect, loyalty and obedience they deserve as leaders of this City, will be expected of everyone. Mr. Whitson reported that the Peep Show was a great success. He shared that NBC Nightly News and the Baltimore Station were at the show. Sandy Oxx was very pleased with the way it turned out. He commented that the Carroll Arts Center is a very hard working group. NEW BUSINESS President Halstad shared that the changes made to the PHA Administrative Plan and PHA Annual Plan needed to be approved following the public hearing. Upon motion of Mr. Chiavacci, seconded by Mr. Whitson, the Council unanimously approved the PHA Administrative Plan and PHA Annual Plan. Chief Spaulding shared as the Council is aware the Police Department has initiated the automated enforcement program back in March 2010. Chief Spaulding has been sharing information on the program with the Council and as a result in the past few years there have been changes to the program. In July of last year the decision was made to decommission two additional cameras sites. This left the City with one site, which is site 505, Malcom Drive and Nursery road. In the past year, the cameras have identified a total of 2178 potential red-light violations that occurred at that intersection. Each of those potential violations were screened by a police officer and compared to twelve criteria that use to determine if the citation is valid or not. After that review, a total of 1958 violations were cited. That represents about 5.4 citable red-light running violations per day. Each of those violations represents potential collision at the intersection. Chief Spaulding explained that 25 of those violators requested a court hearing and all 25 violators were convicted of running the red-light. He pointed out that in a three history of the program, has been about 75 total citations that have been reviewed by the court and 100% of those cases the defendants were found guilty on the video evidence that was presented. The Westminster Police Department issued 5.2 citations per day in the first year of program. Last year this number increased to 6.7 citations per day on average. This year, the number went to 5.4 citations per day. The Police Department has received a total of $162,409 in revenue in fines for this program in year three. Of that total the City paid the vendor $80,423 and expended approximately $20,000 in staff time reviewing citations, going to court, and administering the program. The program has netted about $61, 985 in year three. Chief Spaulding then shared that on an annual basis the Westminster Police Department looks at crash data that occurs in the intersection. The analysis demonstrated that the total crashes at the intersection declined from eight in year two to five in year three, which is a 37.5% reduction in crashes at that intersection. None of the crashes in year three involved personal injury and only one were serious enough to require that a formal investigation to be done. In year three the Police Department has recorded the lowest number of total crashes, the lowest number of investigated crashes and the lowest number of personal injury crashes at that intersection in a six year period that studied the three years before and the three years since the start of the program. None of the crashes were related to red-light running. Chief Spaulding recommended to the Mayor and Council to continue the program activity for another year. Dr. Wack questioned Chief Spaulding about synchronizing the lights. Chief Spaulding replied that this is up to SHA, but that he can make this suggestion to them, if it has not already been done. He explained that there is a high volume of cars that travel through this intersection and that it is the heaviest traveling intersection in the County. President Halstad questioned how much is each fine. Chief Spaulding replied that it is $75 for each fine, no points added and that the citations are not reported to the insurance company. Mr. Chiavacci recommended continuing the red-light camera program at the intersection. He feels that it pays for itself and that it is cutting down on the amount of accidents. Mr. Frazier agreed with Mr. Chiavacci. President Halstad questioned the amount of citations in year one and two and if it is working. Chief Spaulding replied that there were1898 citations in year one and there were 2460 in year two. Mr. Whitson question Chief Spaulding who controlled the amount of the citations. Chief Spaulding replied that it is up to the State. President Halstad inquired about the effect of having a police officer set at that intersection. Chief Spaulding replied that it is very complex intersection and there is no place to put a police officer. Mr. Chiavacci commented that if the City were to put a police officer there, this would probably cause more accidents at the intersection leading to it. Council agreed to keep the Automated Enforcement Program (Red-light Camera). DEPARTMENT REPORTS Mr. Beyard reported that he has received 1,100 applications for the Rental Licensing Program. He has issued 876 licenses and has received $21,780.00 in fees. He shared that the workshops went well. Mr. Frazier questioned Mr. Beyard how many attended the workshops. Mr. Beyard replied that out of four workshops there were approximately 50 people who attended. Ms. Gruber reported that during her run before the meeting she passed by three parks and ended up on the Wakefield Valley Trail. She shared that the parks were full with families engaged in recreational activities. She commented how well loved and well used the parks are in Westminster. Ms. Gruber also reported that the recreation department had the twilight egg hunt which consisted of nearly 100 children from the ages of 9-12 years of age. For the official annual egg hunt they had 2,000 people attend. Ms. Gruber appreciated the attendance of Mayor Utz for the countdown. Mayor Utz shared that he had his grandchildren at the egg hunt and went to the park following the egg hunt. Ms. Gruber shared that the Winter’s Mill Girl’s lacrosse team, provided all the volunteers for the event and it could not have held without their help. Ms. Gruber also reported that the Recreation department is addressing the Skate Park and she is working on the waterslide at the Community Park. She shared that she is working on the lease of equipment for the Family Center. Ms. Gruber shared that the department was able to develop a partnership with the Westminster Road Runners Club to work collaboratively with them on Main Street Mile, which is April 10; it is sold out at 750 runners. Typically in the past the event has ended at the Fire Department and will this year as well, but the Recreation Department has been approached to host the event and have it end at the Armory next year and Ms. Gruber has agreed to do so. She feels that this is fantastic exposure for the City’s facility. Mr. Chiavacci commented that the Skate Park is starting to show wear and tear and feels that it is a valuable asset to the City. Chief Spaulding reported that the Westminster Police Department had been approached by the Attorney General’s office for a State wide voluntary gun turn in program. The Attorney General wanted to hold this event on May 11, but this is at the same time of Flower and Jazz Festival. He explained that it is where people who have unwanted guns may turn them in and then they are destroyed. The County has agreed to allow the Police Department to use the Westminster Senior Center for the gun turn in program on May 4. Mr. Chiavacci questioned if it will come before Council before making a decision that the City is going to hold an event like this. Ms. Wolf suggested having a discussion amongst Council to decide if we wanted to have the Westminster Police Department have a gun turn in. Mr. Chiavacci disagreed with having the Westminster Police Department have the gun turn in, explaining that he does not like the message that it is sending to the citizens of Westminster. He said citizens may turn in unwanted guns anytime without having a special event. Dr. Wack questioned Mr. Chiavacci as to what message is being sent to the residents of the City. Mr. Chiavacci replied that the City does not have gun control laws, not do we have any say over the question of people owning or carrying guns within the City of Westminster. He does not like the message that it sends having a gun turn in here in the City because he feels that it is a message that the City is in alignment with gun control, the City should stay out it. President Halstad questioned if someone has a gun that they do not know what to do with, where could it be taken. Mr. Chiavacci questioned Chief Spaulding if someone could bring the gun to the Westminster Police Department to turn it in. Chief Spaulding replied that they could, but most people do not know that they are able to do that. Chief Spaulding shared that there was a fatal accidental shooting just a few weeks ago in the City. His intent was to offer an opportunity for people who had firearms that they wish to get out of their household for whatever reason. Dr. Wack commented that he sees Mr. Chiavacci’s position and respects his passion about this issue. He does not share his concern and feels that the gun turn in is not a big issue. Dr. Wack agrees with Mr. Chiavacci’s sentiment that these are the kinds of statewide and national issues that the City should steer clear of. President Halstad questioned Chief Spaulding as to the extent of the City’s commitment, participation and expense. Chief Spaulding replied that he really hasn’t had the opportunity to get that deeply into the details of the event but did expect a commitment of six people for four to six hours. President Halstad questioned if this is a ‘no questions asked’ event. Chief Spaulding replied yes. Mayor Utz questioned if someone brings a firearm in, and the Police Department runs it through a wanted check and it is wanted or stolen, how would the Department follow- up? Chief Spaulding replied that the Police Department would attempt to investigate it as much as they could and return the firearm to its rightful owner (if in fact it were stolen). Chief Spaulding noted that this is very unlikely to occur. Mayor Utz commented that he understands the Attorney General’s goal, but the Attorney General is not providing any funding towards staff hours. He added that not only will the City be paying overtime, but once the guns are collected, they need to be inventoried, then need to be taken to be shredded which requires more time. Mayor Utz agrees with Mr. Chiavacci, commenting that people are able to bring them to the station to turn them in at any time. Mr. Frazier commented that he does not see a reason for the gun turn in program if the guns can already be turned in at the Police Station. He questioned if there is any difference turning it into the police station. Chief Spaulding replied that if it is turned into the police station, the department would ask for their information. If it is turned in at the Senior Center, then we would not ask for their names. President Halstad commented that it is a calculated effort to continue to take guns away from people and does not feel that it is a good idea for the government to have a monopoly on guns. To that extent, this is not the kind of community where it is going to be successful. Mr. Frazier suggested putting something in the paper explaining that citizens are able to turn in their unwanted firearms to the State Police department. He feels this would get a better response. Council agreed that the Westminster Police Department will not participate in the gun turn back program. Mr. Horn reported that he spoke to a citizen on Colonial Avenue. He is hoping to see a citizen initiated community meeting. He has not received confirmation that that meeting has taken place and has asked the church if they have conducted a meeting there. Mr. Horn reminded Council that there was an absence of consensus amongst the people that attended the meeting, but he is hoping to hear something positive back as a result of the meeting. Mr. Glass reported that the Sawgrass tank has been drained and cleaned and are now waiting for the contractor, but the City is ahead of schedule. Mr. Frazier questioned if this changes the water pressure. Mr. Glass replied that it will not change your water pressure, but the water surface elevation is what changes the water pressure. He explained that the altitude valve needed to be adjusted, which may have changed the pressure slightly. Dr. Wack questioned how it is not affecting pressure. Mr. Glass replied because it is feeding a different direction and that the overflow elevations between the main system and the Wakefield system are very different. The overflow elevation at the College tank is 960 and in Wakefield is around 800. The 160 feet difference in elevation creates strong pressure the water is sent that direction and does not reduce the pressure. It would make the normal pressure in the low areas of a 100 psi closer to 170. Mr. Glass also reported that City has started the last phase of roadway pavement. He explained that the Street department is currently working on Medinah Circle and then Doral Court. Mr. Glass shared that he received a notice from AWR. He informed the Mayor and Council that there was a mailing that had gone out that masked at the time that this company, AWR, was working in conjunction with the City of Westminster with regard to an insurance that would take care of the property owner’s water line between the City’s valve and the house itself. This time AWR gave a heads up to the City that would be doing this mailing again and have assured Mr. Glass that will say they are not affiliated with the City at all. Mr. Glass added that this has been put on the City’s website to make citizens aware. Ms. Wolf reminded Council that the second annual downtown Restaurant week on April 19 through April 27. She shared there will be breakfast, lunch and dinner specials from 13 restaurants this year. The restaurants that are participating are Birdie’s Café, Cup Tea Bar, Furnace Hills Coffee Company, Giulianova’s, Harry’s Main Street Grille, J Café, Johansson Dining House, Maggie’s, Papa Joes, Paradiso Ristorante, O’Lordan’s Irish Pub, Rafaels, Sideways Cafe. Ms. Wolf encourages them to make reservations and participate in restaurant week. CITIZEN COMMENTS Rebecca Ornstein questioned if the Council if they were in or out on the Corbit’s Charge event. She shared that she has received $500 from Sheetz. She reminded Council of the history of Corbit’s Charge. She inquired if Mayor and Council would be able to match the money. She shared that she is also working on the County for funding. She explained that the man who made the movie Gettysburg and the author, Frederick Shriver Klein, of the book “Just South of Gettysburg” will be in town and could be honored at this event. Because Ms. Ornstein is running for Mayor, she is suggesting that Mike Eckerd, a professor of history, could be chair of this event. She explained that the play that she has written is in place and shared her thoughts of the events that would take place during the event. She shared that she has been coming to the Council meetings since last Spring and that she has been unable to get anywhere with the event that she has in mind. Ms. Ornstein commented to Dr. Wack that he carried this for years, inquiring where he was with the Corbit’s charge. Dr. Wack replied to Ms. Ornstein that the last time he helped her she accused him of stealing her idea. President Halstad explained that he is confused between the interchange Union Mills event and Ms. Ornstein’s proposed event. Ms. Ornstein explained that the Shriver’s, who hold the Union Mills event, are not happy about what is happening in Union Mills. Ms. Ornstein indicated this event would not compete with the Union Mills event. She explained that the Corbit’s charge occurred on Washington Road and East Main, not in Union Mills. She commented that this part of town never gets an event. Mr. Frazier questioned Ms. Ornstein if she is looking for an amount of $500 because last meeting she asked the Council for $5,000. Ms. Ornstein replied that she will take what she can get. She inquired receiving a$1,000 from the City. She explained that if she could get a $1,000 for the City, $1000 for the County, and $500 from Sheetz, she can put a decent event with some fundraising for the historical society. She commented that she can’t keep donating her time to this because the event is two months away. Ms. Ornstein questioned Mr. Chiavacci what his objection is. Mr. Chiavacci replied that she is suggesting that someone be the chairman of the event, questioning if Mr. Eckerd is committed to it. Ms. Ornstein replied that she has spoken to Mr. Eckerd. Mr. Chiavacci explained that he is not willing to approve funding without knowing that this event is well organized and know that it is going to happen. Ms. Ornstein commented that the Council has not allowed her to organize the event because they have not committed to it. President Halstad expressed his concerns about the conflict because there are a finite number of resources in the community. Ms. Ornstein questioned Council if they were out or in of the event. Council replied that they were out. Ms. Ornstein questioned Mr. Chiavacci about honoring the Finch’s. Mr. Chiavacci replied to her that she comes into Council confrontational. He replied that he is not talking to her about anything else at this point. President Halstad questioned what Ms. Ornstein’s third point was. Ms. Ornstein replied that her third point is if anyone has made a consideration of her suggestion if someone has one apartment in their residence that they be exempt from the landlord law. Mayor Utz replied no. ADJOURN: President Halstad adjourned the meeting at 7:37 PM. Respectfully Submitted, Shannon Visocsky