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Worksession Minutes
January 7, 2008

The meeting was called to order at 7:04 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. MPT Jewitt arrived at 7:16 p.m. due to work-related reasons. Also present were TA Murphy, Director of Public Works Joe Coleman, Clerk Harper, Boys & Girls Club representatives Chris Brittan Powell, Tom Reynolds and Kevin Conover, Gazette reporter Marcus Ngbea and citizens.

1. Mayor

Agenda: The discussion of the Pontiac Street field renovation was moved up to the Mayor's agenda. The code appeal hearing was postponed to a future worksession.

Announcements: There were none.

Calendar: A Historical Committee budget meeting was added for January 13.

Minutes: On a motion by CM Dennison and second by CM Lofgren, the November 19 worksession minutes were approved 5 to 0 with corrections. On a motion by CM Dennison and second by CM Lofgren, the December 4 worksession minutes were approved with corrections. The December 12 Town meeting minutes were reviewed for approval at the January Town meeting.

Department reports: CM Lofgren reported that curbside leaf pickup ended on December 31 and all leaves must now be bagged for pickup. With 2 leaf machines in operation, the pickup went smoothly this year. Approximately $5,000 was spent for leaf disposal. Christmas trees are picked up with other yard waste. CM Dennison reported that the Recreation Council will soon begin planning Berwyn Heights Day and needs volunteers to help. Town organizations may be asked to designate a liaison to the Recreation Council, who would then attend meetings on a regular basis. MPT Jewitt reported that the Code Department is still seeking a part time Code Enforcement Clerk. CM Gourley reported that the audit has been completed and distributed to the Council. Mayor Calvo added that it will be discussed at the next worksession. It shows, among other things, that the Town had a 10% increase in net worth and an operating surplus of $125,000. Mayor Calvo continued with Police Department news, noting that crime decreased in 2007 and that a police car was involved in an accident last week, sustaining $7,000 in damage.

Citizen comments: CM Gourley received a comment suggesting the Berwyn Heights Elementary School PTA redesign its Husky mascot. Mayor Calvo received a complaint about a recently constructed pink driveway featured in a recent code appeal, as well as comments about the proposed pension plan, speeding and mixing recyclables with regular trash. MPT Jewitt also received a comment about the pink driveway. He said that there are no Town or County ordinances that prohibit the use of this construction material and that the owner is free to construct the proposed sidewalk with the same material. CM Dennison received a number of questions about the proposed pension plan and the Charter amendment as well as comments about a potential traffic circle at 58th and Pontiac Street. Mayor Calvo said that the Safe Streets Committee met in December to discuss the report of the traffic engineer. A traffic circle at 58th Avenue was one of the items discussed. The Council is expecting to receive written recommendations from the Safe Streets Committee soon. MPT Jewitt received an email suggesting that the Town's supplemental voter registration deadline be moved to within a few days of the municipal election to make it easier to register.

Mike Attick commented that, in a background document on the pension plan, the figures quoted for a Town bond sale should be clarified so that the public can see the cost of the entire package. Mayor Calvo said that the figures referred to by Mr. Attick relate to the public sale of a bond under the authority the Town currently possesses. The cost of a privately negotiated sale would be less.

Pontiac Street field restoration plan (discussed out of order). Mayor Calvo welcomed Public Works Director Joe Coleman and Boys & Girls Club representatives Chris Brittan-Powell, Tom Reynolds and Kevin Conover. CM Dennison raised a point of order and asked to introduce the topic, which falls under her department. Mayor Calvo granted the request but noted that it is the Mayor's prerogative to run the meeting. CM Dennison thanked TA Murphy and Director Coleman for drafting a plan for the restoration of the Pontiac Street field, which outlines 5 different approaches and asked them to present it. Mayor Calvo elaborated that the Council had tasked TA Murphy and Director Coleman to come up with a set of options on how to improve the field ranging from the current approach to the “Cadillac” version. Tonight the Council begins an exploration of the various options but any decision will be made as part of the budget process.

TA Murphy explained that current efforts to improve the field comprise aerating, fertilizing, liming and seeding in spring and fall. The annual cost is approximately $2,000 in materials. Under option 2, the field would also receive a once yearly “top dressing,” a mixture of top soil and sand spread on top of new seeds. The cost of contracting for this service is $4,800. The cost of the Town doing this would be $1,100 plus a one-time investment of $7,400 for a top dressing spreader. Under option 3, the field would be hydro-seeded once in the fall. The estimated cost to contract for this service is $9,500. However, hydro-seeding should only be done in conjunction with installing an irrigation system, which would prevent the new grass from dying over the hot summer months. Options 4 and 5 represent investments in different types of irrigation systems. Option 4 assumes the purchase of a portable irrigation system at a cost of $13,200. Option 5 assumes installation of an in-place irrigation system. Depending on where the water line for this system would tap into the water main, the cost ranges between $33,700 and $43,700. Additionally, there would be Public Works labor cost associated with top dressing and setting up the portable irrigation system.

In response to Mayor Calvo, Director Coleman said that the main point to keep in mind is that without regular irrigation any attempts at improving the turf are futile. He also believes that top dressing would help in getting new growth established because the soil that is there is too compacted. Water and better top soil are necessary to get a good root system started.

Under questions, CM Dennison asked out of which budget the water bill would be paid if an irrigation system is installed. She also suggested looking into grants to help fund the renovation and approaching Park & Planning about taking on the maintenance of this field, as was the case under Mayor Gaines. Tom Reynolds asked what could be done to eliminate clumps of grass on the field. During soccer practices, when kids run on the field, they risk turning their ankles on the uneven surface. He believes that leveling the field is a priority. Director Coleman said that dragging the field and applying new top soil would probably help that problem. Chris Brittan-Powell asked if the labor cost for setting up and monitoring the portable irrigation system would make this option more expensive than an in-place irrigation system in the long run. Director Coleman didn't necessarily think so, in particular as he is contemplating designating a couple of employees for horticultural tasks.

MPT Jewitt asked if sodding the field has been looked at. Sodding has the advantage of establishing a full stand of grass in a short period time despite higher up front costs, thus minimizing the time the field cannot be used. Director Coleman said he would look into how much that would cost. However, regular watering would be required to ensure that the sod survives. Mr. Brittan-Powell suggested that sodding might be considered for the playing area only, with the rest of the field getting a less expensive treatment. CM Lofgren said, in his 32 years as a recreational manager, the first question asked was “what is intended use of the field.” For a recreational field like this one, top dressing and hydro-seeding would not be considered. Any expensive improvements the Town decides to undertake should be limited to the playing area. He also pointed out that an irrigation system might not be usable when most needed if the State imposes water restrictions in the dry season.

Mike Attick asked if the closest fire hydrant might not be used to water the field. Director Coleman didn't think that watering with a high pressure hose is a good solution. Mayor Calvo asked if Park & Planning's maintenance of Sports Park has freed up Public Works resources that could be used for maintaining the Pontiac Street field. Director Coleman said it has helped somewhat but Public Works continues to maintain the surrounding area including the concession stand. TA Murphy estimated that approximately $2,000 is saved by Park & Planning maintaining Sports Park.

Mayor Calvo began with comments. CM Dennison asked to be allowed to make the first comments. Mayor Calvo declined the privilege. CM Dennison moved to make the first comments. The motion failed for lack of a second. Mayor Calvo said that there is a short term and a long term goal. In the short term, the goal is to make the field playable by leveling it out. He would welcome ideas about how that can best be done. In the long term, when the budget is less tight, some of the options discussed above might be considered.

CM Dennison said that the Council should give particular weight to CM Lofgren's advice who has long experience in the recreational field. She agrees with him that some of the proposed improvements, such as sodding, would be too expensive. She reiterated that the Mayor should seek Park & Planning's assistance. As for the plan presented, total expenditures for each option should be included as well as information on required man hours. Mayor Calvo said that he has explored whether Park & Planning could help with maintaining this field on a number of occasions. However, they have refused because, unlike Sports Park, it isn't their field. The Pontiac Street field belongs to the school system. He would like CM Dennison to stop suggesting that this is in the realm of possibility and focus on coming up with a workable solution.

Chris Brittan-Powell thanked the Town for all the work and planning it has put into improving the field. However, since it appears that budget limitations will not allow for expensive improvements this year, the Boys & Girls Club is ready to discuss interim measures of improving the field. The following ideas were put forth:

  • Exploring the possibility of getting a water meter from WSSC and running a hose from a fire hydrant in the school parking lot to the field and connecting it to a sprinkler;

  • Exploring interest in an agreement between all the stake holders to each contribute something; for example, the Town could contribute materials and labor, the school water and Park & Planning its expertise;

  • Investigating the cost of sodding just the 105 yards x 55 yards soccer play area (top-dressing and irrigation in some form would be required);

  • Investigating grants for the improvement of recreational areas and playgrounds.

Mayor Calvo thanked the Boys & Girls Club representatives for their input and said that the discussion will be continued when some of these options have been looked into.

At 8:45 p.m., the Council took a 15 minute break.

Four Cities Coalition agenda: No agenda items were proposed.

Charter amendment resolution: TA Murphy provided additional information on the process of adopting an employee pension plan. He said that a Charter amendment authorizing the Town to sell bonds in the private market can be adopted in two ways: 1) by resolution of the Town Council, which can be petitioned to referendum by 20% of eligible voters within 40 days of its adoption, and 2) by a voter-initiated petition, whereby 20% of eligible voters prepare and submit the proposed Charter amendment to the Town Council. If the Town Council approves the voter-initiated Charter amendment, it can be petitioned to referendum by 20% of eligible voters within 40 days of adoption. If the Town Council rejects, the voter-initiated Charter amendment must be submitted to the voters. Regardless of whether a private sale authority is incorporated into the Charter, public ways and storm drains must continue to be financed through publicly bid general obligation bonds, as specified in Sections 805 and 807 of the Town Charter.

TA Murphy reviewed the next steps for joining the Maryland State Pension System.

  • Approval by the General Assembly for Berwyn Heights to join the State Pension System at 1/3 credit for prior service in the current legislative session;

  • Adoption of Charter amendment resolution to authorize privately negotiated bond sales no later than the March Town meeting to allow for a possible petition to referendum;

  • Adoption of a pension participation resolution no later than the May 2008 Town meeting, setting forth results of an employee vote, the plan to be joined, date of enrollment and credit for service;

  • Adoption of a Bond Ordinance no later than the May Town meeting authorizing a general obligation bond issue and setting forth the purpose and maximum amount of the bond and pledging the Towns full faith and credit;

  • Completion of an actuarial study (at cost of $5,250) of eligible employees to be completed after the Town joins the System on July 1, 2008;

Lastly, TA Murphy outlined the requirements for a privately negotiated as opposed to a publicly bid general obligation bond issue. The upshot is that a competitively bid bond issue is more time-consuming and about twice as expensive to arrange. According to bond counsel, a publicly bid bond issue under $2 million is not considered cost effective.

CM Dennison questioned the wisdom of changing the Charter and maintained that the Council should look at alternate less expensive ways to improve employee's retirement funds. MPT Jewitt pointed out that financing the entry into the State Pension System and the Charter amendment are separate issues. The decision to borrow money can be submitted to referendum and decided independently from the Charter amendment.

Pension plan: TA Murphy provided information on supplemental retirement options. He said that it is an employee's individual decision whether to join the pension plan or not. However, if he or she decides to join, the decision must be made at the time the Town joins the State Pension System. Further, it is up to the Town to decide if it wants to continue to offer the 401(a) and 457 retirement plans for employees that have chosen to opt out of the pension plan. Even if every employee joins the State plan, the Town may continue to offer a supplemental 457 plan and an optional match. Mayor Calvo added that offering a 457 plan would provide a more portable retirement alternative as this plan has no vesting period.

In response to CM Dennison, Mayor Calvo said that while the Maryland State Pension System may not be as good as those in other states, it is the only one available. Further, its benefits have been improved in 1998, with allowances raised from 1.2% of average final compensation for each year of creditable service to 1.8%. Additionally, the Town plans to let employees keep all funds accumulated in their current retirement accounts plus credit them with one third of prior years of service. Despite the high cost, entry into the pension system can be financed without raising real property tax rates. As for the argument that Town jobs were not intended to provide cradle to grave benefits, the majority of the Council made it a priority to improve salaries and benefits in order to attract and retain qualified employees. He feels that the Council has researched and discussed the issue fully and is ready to move forward. Now is the time to receive input from residents.

CM Lofgren stated that a pension plan should have been established a long time ago, but has been put off because of the cost and paperwork involved. However, the Council and TA Murphy have done a lot of work to get the Town ready for entry. The Town should take that step now and be done with it, particularly in light of retirement costs continuing to go up.

Election schedule: Clerk Harper briefed the Council on preparations for the upcoming Town Council elections. These include, among other things, contracting for voting machines, swearing in the Board of Election Supervisors, accepting candidate nominations, registering voters, hosting a candidate forum and setting up the polling station. Council agreed on the following:

  • Using the same voting machine vendor as in the previous election;

  • Appointing a deputy to the Chief Election Judge;

  • Fixing the date for Candidate's Night for April 23;

  • Setting the 'no electioneering' perimeter at 100';

  • Forbidding campaign posters in the Town right-of-way, except on election day;

  • Checking whether the Town's supplemental voter registration deadline can be moved closer to the election date;

  • Providing provisional ballots; and

  • Publishing election rules in the March and April Bulletin.

2. Public Safety

No items were discussed.

3. Public Works

No items were discussed.

4. Administration

Christmas/New Year holiday 2008: CM Gourley explained that Christmas Day and New Year's Day will fall on a Thursday this year. He would like the Council to consider whether to give employees the Friday after these holidays off in exchange for working on another holiday. Mayor Calvo said that employees can just take that day off if they want a long weekend. He prefers not swapping any of the other holidays for these Fridays, in particular as trash collection would also have to be skipped. CM Lofgren agreed, noting that catching up on missed trash collections is hard on Public Works employees.

5. Parks & Recreation

Departmental spending: CM Dennison explained that CM Gourley had purchased a new $2,000 TV for the Senior Center over the holidays without bringing a proposal back to the Council, as was agreed last summer. She was surprised to find out about the purchase as she assumed this was her Department's responsibility. Mayor Calvo added, that at the August 2 worksession, CM Gourley proposed to purchase a new TV for the Senior Center. He was told that this item was not budgeted and was asked to submit a proposal for the Council's approval. However, the TV set was purchased without approval of the Council.

CM Gourley explained that he called CM Dennison to let her know that the Seniors wanted a new TV soon after he first learned about it in July. Then he announced it at an upcoming worksession. However, he does not remember being asked to bring back a proposal and apologized for not abiding by Council instructions. He further explained that he bought the expensive, high quality TV with his own credit card after a thorough search for the best price. His intent was simply to replace the Seniors’ old TV so that they could continue to enjoy movie nights and other social occasions. He did not intend to do anything behind the Council's back but accepts any consequences the Council might impose.

Mayor Calvo said he believes CM Gourley that he forgot to bring a proposal back to the Council. However, he believes it is important that all capital items above $500 be budgeted and then purchased by Town staff. It sets a dangerous precedent not to do that. Further, the TV purchase should have gone through CM Dennison's department, who is the Council Liaison to the Seniors Club. Thus it is incumbent on the Council to censure this action and take steps to curtail CM Gourley's ability to spend without approval.  MPT Jewitt agreed, saying that procedures were not followed and that consequences are in order. Mayor Calvo asked for a motion to 1) note for the record that the TV purchase was unauthorized, 2) that for the remainder of the term, any Administration Department purchase must be authorized in advance by the Town Administrator; and 3) that any Administration capital purchase not expressly budgeted must be approved by the Town Council. MPT Jewitt so moved. CM Dennison seconded. The motion passed 5 to 0.

The meeting was adjourned at 10:45 p.m.

Kerstin Harper, Town Clerk


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