Town of Berwyn Heights

Worksession Minutes

May 2, 2005

The meeting was called to order at 7:00 p.m. Present were Mayor Calvo, CMs Dennison, Gourley and McNulty. CM Laughlin had an excused absence. Also present were Town Administrator Murphy, Code Enforcement Director Solomon and Clerk Harper.

1. Mayor

Announcements: CM Dennison reminded Councilmembers that they are to serve pancake breakfasts to residents on Berwyn Heights Day. Mayor Calvo thanked CM Dennison for her preparation of a successful rain garden dedication. The Washington Suburban Sanitary Commission (WSSC) has been requested to inspect the Sports Park concession stand tomorrow so that permits can be issued before Berwyn Heights Day. Big scissors for the ribbon-cutting ceremony have been obtained. Lights at Sports Park are not working properly. A Maryland-National Capital Parks and Planning Commission (M-NCCP) representative will inspect them tomorrow. TA Murphy has expenditure reports through April for Councilmembers perusal. A FY 2004-2005 budget amendment will be prepared at the May 9 worksession. CM Dennison will graduate from the Academy for Excellence in Local Government in September.

Calendar: The Council reviewed the calendar for May and July. In May, worksessions will be held on the 9th and 16th, the Town meeting on the 11th, and a Prince George's County Municipal Association (PGCMA) meeting on the 19th. Town Offices will be closed on Memorial Day. In June, worksessions will be held on the 6th and the 20th, the Town meeting on the 8th and a Four Cities Coalition meeting on the 21st in Berwyn Heights. The Maryland Municipal League conference will be held from June 26 - 29. Senator Pinsky will give a legislative briefing for residents on June 13, 7:30 p.m. The Berwyn Presbyterian Strawberry Festival will take place on the 4th, the Town-wide yard sale on the 11th and Tipping Day on the 15th. In July, worksessions will be held on Tuesday, the 5th due to the Independence Day holiday and on the 18th, the Town meeting on the 13th.

Minutes: The Council reviewed the minutes for the April 4 and April 11 worksessions. CM Gourley moved to approve the April 4 minutes. CM McNulty seconded. The minutes were approved 4 to 0 with corrections. CM Gourley moved to approve the April 11 minutes. CM Dennison seconded. The minutes were approved 4 to 0 as is.

Citizen Comments: CM Dennison had an inquiry about the timing of the Seminole Street repairs. TA Murphy said that the contractor is working on a large project in southern Maryland through summer and is expected to begin Seminole Street repairs in the fall. The funds are being appropriated from this year's budget. Mayor Calvo received comments about Berwyn Heights Day and the concession stand.

CM Gourley moved to suspend the rules and move up discussion of the Clean Lot Ordinance amendments. CM Dennison seconded the motion passed 4 to 0.

6. Code Enforcement

Clean Lot Ordinance - grass cutting amendments: Mayor Calvo explained that the Council agreed to make changes to the ordinance with respect to high grass violations so that they may be implemented by June. Code Director Solomon worked with TA Murphy drafting the proposed changes. The proposed changes include an introduction the Definitions Section, removal of fine schedule, reduction of maximum grass height to 7, shortening of compliance time frames and a right to appeal Council decisions to the District Court.

Director Solomon explained the current violation process. When grass reaches 10, the owner is notified in person or by door hanger to cut the grass within 7 days. If no remedial action is taken, a certified letter is sent giving 15 days to comply. If there is no compliance within 15 days, a $100 fine is imposed. If there is no compliance within the following second 15 days, a $200 fine is imposed. For each additional 15 day period that the violation is not corrected, a $200 is imposed. Then the Town, after the 30th day, the Town can abate at owner's cost. Last year, 282 certified letters were mailed notifying owners of high grass violations. Between 17 - 20 high grass fines were issued. Seven were repeat offenses and 2 were abatements. Repeat offenses receive no courtesy door hangers but are notified by certified letter in the first instance.

Director Solomon proposed to impose $100 fine for the first offense, a $200 fine for the second offense and a $300 fine for the third offense plus abatement costs. She proposed to shorten the period from the initial door hanger to the mailing of a certified letter to 3 days and the period from the mailing of the certified letter to the imposition of a fine to not less than 10 days. TA Murphy proposed to impose a $50 fine for the first offense, $100 for second and raising fines in $100 increments for each additional period of non-compliance.

At 8:00 p.m., the Council took a 5 minute break.

Clean Lot Ordinance (continued):

The Council discussed the proposed revisions.

Section IV. Definitions: The last sentence of the introduction was struck.

Section V-B. Violations: The maximum grass height was reduced to 7.

Section VII-A. Notice of Violations and Penalties:

Mayor Calvo moved to adopt a notification system that discourages repeat offenses. The 7 day courtesy period from the initial door hanger notice to the mailing of a certified letter would be left in place for the first offense in a calendar year. The courtesy period, which is not part of the ordinance, would be reduced to 3 days for the second and third offense offense, and to no courtesy period would be given for the fourth offense. CM Gourley seconded. The motion passed 3 to 1 with CM Dennison opposed.

The Council agreed to set fines in a separate fee schedule and to keep fines as is, i.e. $100 for the first fine, $200 for the second fine and $200 for the third fine. The period from the first certified letter warning owner of the imposition of a $100 fine in case the violation is not corrected was reduced from 15 to 10 days. Periods of subsequent notification to imposition of fines were also reduced to 10 days. CM Dennison was opposed to shortening the fining process except for the period between the second fine and the third fine and abatement, which passed 4 to 0.

The Council also decided to institute a municipal infractions appeal process as adopted in the Rental Housing Ordinance. CM Dennison abstained.

TA Murphy was asked to draft the changes for introduction at the May 11 Town meeting.

2. Administration

Employee appreciation lunch: Wednesday, June 22 was approved as the date for the employee appreciation lunch.

3. Parks and Recreation, Education and Civic Affairs

Volunteer appreciation dinner: June 22 was approved as the date for the volunteer appreciation dinner.

Berwyn Heights Day: CM Dennison said that the Prince George's Health Department may inspect. Berwyn Heights Day organizers are to follow a checklist to comply with the regulations. The Sports Park parking lot, which is torn up because of the construction of the concession stand, will have to be made safe for use. The concession stand will be dedicated but will not be open to the public.The old police car will be removed from the Town Center. Mayor Calvo needs background information to announce the citizens of the year.

4. Public Health and Safety

No items were discussed.

5. Public Works

Mulch pile agreement: TA Murphy briefed the Council on contents of a use agreement between the Town and the Maryland-National Parks and Planning Commission (M-NCPPC) regarding the mulch pile that was moved to a new location. He recommended that the agreement be revised with respect to address, responsibilities ascribed to the Town and terms of termination, among others. Mayor Calvo said that TA Murphy should request the missing Exhibit A which identifies the license area on a tax map. Otherwise, the agreement is a standard agreement which provisions may be adapted as needed. CM Gourley objected to the restrictions on storing materials other than mulch at the site. Mayor Calvo said, that while this agreement is incomplete and needs clarifications, the mulch pile site is less important than Sports Park on which the Town needs M-NCPPC's cooperation. The upgrading and maintenance of Sports Park is a priority.

The meeting was adjourned at 9:30 p.m.

Kerstin Harper, Town Clerk