Town of Berwyn Heights

Worksession Minutes

June 20, 2005

The meeting was called to order at 8:01 p.m. Present were Mayor Calvo, CMs Dennison, Gourley and Laughlin. CM McNulty had an excused absence. Also present were Town Administrator Murphy and Clerk Harper.

1. Mayor

Announcements: Councilmember Hendershot's office has sent out a notice about registration for a Medical Reserve Corps Orientation. The Maryland-National Capital Parks and Planning Commission (M-NCPPC) will have a public hearing on updating the County Master plan on June 22.

Calendar: Upcoming events for June include a Four Cities Coalition meeting on June 21 hosted by Berwyn Heights, an employee appreciation lunch and volunteer appreciation dinner on June 22, a special Town meeting on June 23, 7:30 p.m. and the Maryland Municipal (MML) Conference in Ocean City from June 26 - 29, which the Council will attend. In July Town offices will be closed for Independence Day. Worksessions will be on July 5 and 18 and the Town meeting on July 13. In August, National Night Out is scheduled for the 2nd; worksessions for the 1st and 15th and the Town meeting for the 10th. The August 15th worksession may be rescheduled due to the absence of the Mayor and Town Administrator.

Citizen Comments: The Council received a message from Joy Newheart saying that there are ten pairs of Purple Martins at the Lake Artemesia bird house, five of which are nesting. She invited the Council to participate in the banding of newly hatched birds. CM Dennison agreed to set up the event. CM Dennision received a request from the Boys and Girls Club for a table at National Night Out. She will forward the request to CM McNulty. CM Laughlin received a comment from a citizen who expressed satisfaction with the permanent patch on Berwyn Road and a complaint about mowing at night at the Town Center. Mayor Calvo received a complaint about mowing too early on Sunday morning.

Minutes: CM Dennison moved to adopt the minutes for the May 16 worksession. CM Laughlin seconded. The minutes were adopt 4 to 0 with corrections.

Public Safety Taxing District: Mayor Calvo explained that there are two ordinances that pertain to the implementation of the Public Safety Taxing District, Ordinance No. 132, which implements it, and Ordinance No. 133, which establishes the tax rate and a budget. A notice of the hearing on June 23 has been mailed to affected business owners on June 13 and published in this weeks edition of the Gazette. TA Murphy gave some background. The Ordinances are based on new legislation passed by the General Assembly this session and on similar statutes that were researched by the Town Attorney for this purpose. The Ordinance specifies the boundaries of the special taxing district which would include the industrial properties along 55th and Ballew Avenues and Branchville Road as well as those of the existing Commercial District. It is further specified that the special tax be used only for enhancements of public safety services, that an Advisory Committee be established, that excess taxes be refunded and that a separate budget be established for the district. Taxes can be levied both on real or personal property.

In response to CM Dennison, TA Murphy said he would propose a separate budget for the district and the Town Council would adopt it. The Council would also implement the rules and regulations for the district. The role of the Advisory Committee would be advisory. The existing Commercial District Management Authority (CDMA) may be designated to act as the Advisory Committee and may need to be expanded to include representatives of the industrial businesses. The Neighborhood Watch/Emergency Preparedness Committee would probably not qualify for funding from this tax. However, the Fire Department does.

CM Laughlin said that the City of Hyattsville also may adopt the legislation this year. TA Murphy was asked to request a copy. The Council agreed to go forward with adoption of the Public Safety Taxing District at the special Town meeting on June 23.

Mayor Calvo said that the budget for the special taxing district is set out in Ordinance No. 133 but that the current figures are only place holders. The manner in which the money will be spent can be decided later. His preference would be to hire another police officer to give the Department flexibility in case of vacation or resignation of an officer, or as a back up for the evening shift. However, the proposed 10 cents real estate tax would not pay for an officer. The Town would need to contribute. While opposes a special tax on personal property this year, this might be considered later and added to the resources to hire an additional officer in the future.

In response to CM Laughlin, TA Murphy said that, this year, the Town would collect taxes and deposit them in a special bank account. Next year the County will collect. He will check to find out if the collected revenues can be carried over to the following year or must be spent in the same year as collected.

CM Gourley stated that he favors levying a 5 cents public safety tax on personal property in addition to the 10 cents real property tax under consideration. This would raise approximately $12,000 on top of the $24,000 raised from real property taxes. He believes this does not impose financial hardship on Berwyn Heights businesses nor result in the loss of the business. Mayor Calvo responded that the Town has already raised personal property taxes (PPT) by 2.5 cents for FY 2006. Adding another 5 cent on top of that would place a special burden on one business that pays 2/3 of all PPT taxes. Further, an increase in the public safety PPT was not mentioned at the last CDMA meeting or in any notice sent to business owners. He would prefer delaying adoption of a public safety PPT until FY 2007. CM Dennison and CM Laughlin agreed. Seeing that there was no support for his proposal, CM Gourley did not make a motion to adopt a special PPT.

At 8:38 p.m., the Council took a 5 minute break.

Four Cities agenda: The Council agreed to submit the following agenda items: joint hosting of a candidates forum for the U.S. Senate race and the public safety taxing district legislation.

Highway user revenues replacement grant: TA Murphy explained that the General Assembly cut the funds proposed for highway user revenue distribution. In response to criticism from cities and towns, it appropriated replacement grants for streetscape projects. Berwyn Heights' share of the money is $12,093. To obtain the money, it must be used for a street scape project with a minimum value of $50,000 and started in FY 2006. TA Murphy suggested the money be used for the repair of intersections, i.e. Pontiac/Kenilworth and Goucher/Cunningham. He is in the process of obtaining eligibility criteria and application materials. Mayor Calvo asked if the money could be used as a match for projects already in the pipeline, such as under drains. TA Murphy was tasked to find out.

Mayor Calvo noted that there is a possibility the Town could receive $45,000 from the County to make up for the reduced FY 2005 Community Development Block Grant (CDBG) funds. He proposed to submit an application for a streetscape grant with under drains as the 1st option, Ruatan Street renovation, which depends on the receipt of $45,000 from the County, as the 2nd, and intersection as the 3rd. The Council agreed.

2. Parks and Recreation, Education and Civic Affairs

Volunteer appreciation dinner: CM Dennison reported that 72 volunteers have signed up for the dinner and that she will remain within the budget set for the event. However, there may not be enough money in the budget to purchase gifts. Mayor Calvo will lead off the dinner with a short speech. The Council agreed to help set up the tables after the Four Cities Coalition meeting on the evening prior to the dinner.

3. Public Health and Safety

Mayor Calvo announced that Officer van Dyke has tendered his resignation.

4. Public Works

Ruatan Street under drains: Mayor Calvo reported back on his conversation with the resident of 6213 Ruatan Street regarding the installation of under drains on his property. At a previous worksession, his neighbor at 6211 Ruatan Street requested the Town's assistance in the installation of the under drain. The neighbor built a new driveway last year that abuts the property line and possibly goes over it. In the process, the fence of the 6213 Ruatan Street property owner was damaged and storm water runoff, diverted by the driveway, causes erosion on his property (as well as under the driveway of the neighbor's property). As a result, the owner of 6211 Ruatan Street has become reluctant to consent to the installation of an under drain. However, he may agree to the project if it is carried out under the auspices of the Town and he has assurance that it is done properly.

Mayor Calvo said he believes he can broker an agreement between the neighbors and would like to proceed. The proposed under drain would benefit both parties as well as the Town because the volume of runoff from these properties is large enough to cause underground weeping and ice damming on the street in winter. CM Gourley suggested getting advice from the Town Attorney before getting involved. There may be a possibility that the Town will end up footing the bill if it acts as a guarantor. Mayor Calvo said that the agreement would be between the neighbors and the Town's role is that of a broker. The owner of 6211 Ruatan Street has offered to pay for the installation of the under drain. The Council agreed for the Mayor to proceed with mediation. TA Murphy will check to see if a permit and storm water management plan is required for building a driveway.

5. Administration

Bulletin Cover: The following items were approved for the July Bulletin cover: Happy Fourth of July, National Night Out announcement and public hearing on Clean Lot Ordinance amendments.

Performance evaluations: Mayor Calvo explained that the Personnel Manual prescribes that evaluations be done in June with merit increases becoming effective on July 1. He prefers the process followed last year. Evaluations were done in July and August and merit increases were made effective November 1. Larger merit increases could be given because the effective date was delayed. He also prefers that department directors be treated as all other employees and given merit increases rather than bonuses to be based on their evaluations.

CM Laughlin recommended that the Council decide on the grading scale prior to the evaluations period to avoid departments using different standards. The Council agreed to use a grading scale with full and half numbers and to make merit increases effective November 1. A memorandum notifying directors of the parameters for evaluations is to go out shortly.

6. Code Enforcement

Clean Lot Ordinance: Mayor Calvo asked if the Council supports 10 as the maximum grass height and 7 day notification-fining periods, as discussed at the last worksession, for the purpose of Second Reading and adoption at the July Town meeting. CMs Laughlin and Dennison preferred a notification-fining schedule of 10 days between the first notification and fine, 7 days between the second notice and fine and 7 days between the third notice and fine, plus 7 days between a courtesy door hanger and the first official notice. The courtesey notice would be reserved for first offenders. CM Gourley preferred 7 days for all notification-fining periods. Mayor Calvo supported the 10, 7, 7 day fining schedule to achieve a majority decision but said that he is open to change his mind before the July Town Meeting. These standards are to be announced in the July Bulletin.

Clean Lot Ordinance fine schedule (tabled)

7. Executive Session (10:00 p.m. - 10:44 p.m.)

CM Gourley moved to go into executive session to discuss a personnel matter. CM Laughlin seconded. The motion passed 4 to 0. With the matter discussed, CM Gourley moved to end the executive session. CM Dennison seconded. The motion passed 4 to 0.

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

Kerstin Harper, Town Clerk