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

Monday, November 30, 2009
 
MINUTES


(Minutes adopted March 1, 2010)

PRESENT:
Mayor Williams
Councilmember Clay
Councilmember Robinson
Councilmember Schultz
Councilmember Seamens
Councilmember Snipper
Councilmember Wright
City Manager Matthews
City Clerk Carpenter
Police Chief Ricucci
CSAFE Director Kendall
 
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

Ms. Clay requested that the leaf vacuum pick up leaves at Hilton and Trescott and noted that there were a lot of leaves about town.

Mr. Seamens requested that the City provide a public notice regarding the closing of Sligo Creek Parkway (Maple to Piney Branch) for construction work.

Mr. Robinson offered his regrets for missing the November 23 meeting due to travel. He commented on the energy efficiency block grant that the Task Force on Environmental Action was encouraging the City to submit. He supported the application.

Mr. Wright requested staff to follow up with the WSSC contractor on the paving of Carroll at Tulip Avenue.

ADDITIONAL AGENDA ITEMS

Mr. Williams announced that Valerie Ervin could not attend the meeting as planned.

Mr. Williams explained that there was a problem with the vote on the capacity building ordinance on November 23. He said that at roll call, there were six present -- three voted in favor, one voted no, and two abstained. The abstentions count as "no" votes, and so it was essentially a tie vote meaning that the motion failed. Mr. Williams suggested that a Councilmember should leave the room if they are recusing themselves from the vote.

Council discussed the issue of recusal and abstention. It was determined that abstentions are counted as "no" votes. The Council decided that a recusal removes the individual from the quorum, even if the individual remains in the room. The Clerk was asked to draft language to be added to the Council rules of procedure.

Mr. Williams described his plan for scheduling Ward Nights at future meetings. He said if possible, he would like to schedule ward specific items on those evenings.

Ms. Matthews agreed to provide information on staff work in each ward in advance of the Ward Night session.

PUBLIC COMMENT PERIOD

Rosalind Grigsby, Executive Director of the Old Takoma Business Association, thanked the Council for taking the initiative to encourage residents to shop locally. She asked Councilmembers to take it one step further, by pledging to do their holiday shopping in Takoma Park.

Erwin Mack, Executive Director of the Takoma/Langley Crossroads Development Authority, echoed Ms. Grigsby’s comments. He noted the diversity in the business community and said the businesses deserve our patronage.

Mr. Mack announced that Santa would be in the Crossroads on December 8 to bring a focus to pedestrian safety. A press conference with the three jurisdictions’ chiefs of police was also scheduled.

Mr. Mack commented that the City was very fortunate to have Mary Kendall and Gretchen Hilburger working with the CSAFE Program.

Emily VanLoon also encouraged the shop locally concept. She noted the "pajamarama" event scheduled for Sunday, December 6, from 7-10 a.m.

CITY MANAGER’S COMMENTS

Chief Ricucci provided an update on crime in the City. He said he had extra details working the streets and had identified more suspects. Chief Ricucci noted that there was one vacancy for a police officer and the crime analyst’s position was vacant. He was conducting interviews for the positions. In response to a question about injured officers, Chief Ricucci said four officers were out with injuries with one of them scheduled to return shortly.

Chief Ricucci continued to encourage residents to contact the police about suspicious activity.

Chief Ricucci said his Advisory Board would begin meeting soon. He said he would announce meetings in advance.

REGULAR MEETING

Mayor Williams reordered the agenda.

Reconsideration of Single Reading Ordinance Authorizing Execution of a Contract for Services Related to the Capacity Building Initiative

Mr. Snipper moved to reconsider the vote on the ordinance (of November 23). The motion was seconded by Mr. Schultz.

Mr. Wright recused himself from the discussion and the vote.

Mr. Seamens commented that he had voted no on the ordinance before and would do so again.  He said he felt that the group had not been beneficial in helping residents in preventing conversion of rentals. He also said he thought that the Council should look to reduce expenditures.

Ms. Clay agreed with Mr. Seamens. She said the Council has to prioritize. She commented that she believed we would see less push to convert to condominiums.

Mr. Snipper supported the ordinance. He said the capacity builders support and organize tenant associations, which is an important ongoing task.

Mr. Schultz commented that he was uncomfortable with putting the City’s budget issues on the back of tenants as opposed to other constituencies. He noted that despite the renewal clause in the contract, the City was not necessarily committing to funding in future years.

Mr. Robinson asked Ms. Walker if the County does capacity building for tenants. Ms. Walker said it was unique to Takoma Park. She noted the work the capacity builders had done in the past. Mr. Robinson indicated that he would support the ordinance.

Ms. Clay commented that to the extent that the capacity builders would be successful in making homeowners of tenants, it would increase the value. She said she would be interested in data on tenant opportunity to purchase in the County compared to the City.

Motion to adopt Single Reading Ordinance 2009-60 Authorizing Execution of a Contract for Services Related to the Capacity Building Initiative. Moved by Councilmember Snipper, seconded by Councilmember Schultz.    (VOTING FOR: Mayor Williams, Councilmember Robinson, Councilmember Schultz, and Councilmember Snipper; AGAINST: Councilmember Clay, and Councilmember Seamens)

Single Reading Ordinance 2009-60 (attached)

(1) Second Reading Ordinance Modifying PILOT Agreement for 8508 and 8510 Flower Avenue

Motion to adopt Second Reading Ordinance 2009-54A Modifying PILOT Agreement for 8508 and 8510 Flower Avenue. Moved by Councilmember Clay, seconded by Councilmember Seamens.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright; AGAINST: Councilmember Robinson)

Second Reading Ordinance 2009-54A (attached)

(2) Second Reading Ordinance Authorizing Appointment of Specialized Counsel for Labor and Employment Law Matters

Motion to adopt Second Reading Ordinance 2009-55 Authorizing Appointment of Specialized Counsel for Labor and Employment Law Matters. Moved by Councilmember Wright, seconded by Councilmember Seamens.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright)

(3) Second Reading Ordinance Amending Takoma Park Code, Chapter 2, to Remove the Public Safety Citizens Advisory Committee

Motion to adopt Second Reading Ordinance 2009-56 Amending Takoma Park Code, Chapter 2, to Remove the Public Safety Citizens Advisory Committee. Moved by Councilmember Clay, seconded by Councilmember Robinson.    (VOTING FOR: Mayor Williams, Councilmember Clay, Councilmember Robinson, Councilmember Schultz, Councilmember Seamens, Councilmember Snipper, and Councilmember Wright)

Second Reading Ordinance 2009-56 (attached)

(4) Consent Agenda

A. Resolution 2009-72 Awarding Funds Through the Small Community Grant Program (attached)

B. Resolution 2009-73 Urging Residents to Shop Locally and Support Local Business (attached)

C. Resolution 2009-74 Providing for the City Council's Holiday Recess (attached)

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

WORKSESSION

(5) Follow Up on the Audit and Discussion of Financial Matters

The City Manager briefed the City Council on four matters: 1) the actuarial valuation of the police pension plan; 2) the City’s deficit in the State of Maryland pension plan; 3) the CSAFE program; and 4) police accreditation.

Ms. Matthews presented the police pension plan actuarial valuation (report attached). The City’s contribution for FY 2011 would be 34.82% of covered payroll. She explained that the unfunded liability in the plan had increased for a variety of reasons. She said the liability is based on expected rate of return on assets, mortality, and disability rates. She noted that the Council had modified the plan earlier in the year to address the rate of disabilities. Because the plan is a relatively young plan, it can take time to become more fully funded.

Ms. Matthews reported on the City’s deficit in the State of Maryland pension plan. She said that years ago Takoma Park had elected a 40-year amortization to pay off the deficit. She asked for Council concurrence to examine other options to pay off the deficit. She said she would be looking at conventional financing or reserves to pay the debt.

The Council concurred with the City Manager’s recommendation to examine other options to address the deficit.

Ms. Matthews introduced Chief Ricucci to talk about the CSAFE program. Chief Ricucci explained that the State’s emphasis for the program had changed from community organizing to crime analysis, parole violators and arrests. He said he reluctantly recommended that the activities be absorbed into the Police Department and that the two part time positions be cut. He recommended that the City not apply for CSAFE funding.

The Council discussed the recommendation and concurred with the Chief’s recommendation to not apply for the CSAFE grant. Mr. Seamens opposed the recommendation.

Chief Ricucci next addressed the matter of accreditation. He recommended that the City not continue to participate in the CALEA accreditation program. He said it was not possible to do the work involved in keeping the standards up to date and doing the research with 20 hours a week of staffing. He recommended that the 20 hour position be reprogrammed to keep up the department’s general orders and perform other related activities.

The Council discussed the proposal. Mr. Seamens commented that he believed the accreditation program provided an assurance that there was an independent agency reviewing procedures and assuring adherence to them.

Chief Ricucci clarified that CALEA accredits, it does not provide oversight. Ms. Matthews agreed. She said that CALEA provided something like a best practices checklist. It does not provide oversight over a department.

Council concurred with the Chief’s recommendation. Mr. Seamens opposed withdrawing from the accreditation program.

ADJOURN

The Council adjourned for the evening at 10:18 p.m.