Town of Berwyn Heights

Special Town Meeting Minutes

June 23, 2005

The meeting was called to order at 7:30 p.m. Present were Mayor Calvo, CMs Dennison, Gourley and Laughlin. CM McNulty had an excused absence. Also present were Town Administrator Murphy, Clerk Harper, Gazette reporter Courtney Burns and citizens.

Mayor Calvo led the pledge of allegiance.

Mayor Calvo offered condolences on behalf of slain Prince George's police officer Steven Gaughan.

1. Public Safety Taxing District Hearing

Ordinance No. 132 Establishment of Public Safety Taxing District &

Ordinance No. 133 Budget for Public Safety Taxing District:

Mayor Calvo explained that both Ordinances relate to the creation of a special taxing district for the purpose of enhancing public safety. Ordinance No. 132 would establish the legal framework and Ordinance No. 133 would set the tax rate and a budget. The Ordinances are based on legislation authorizing municipalities to establish special taxing districts that was passed by the General Assembly in April and signed into law on May 26, effective July 1, 2005. The Council had watched the legislation closely since it was first introduced in the General Assembly and formally endorsed it in March.

Due to the late signing of the bill, the Council is adopting the Ordinances by an accelerated process as per Berwyn Heights Town Charter. It was introduced at the June 8 Town Meeting and is to be adopted tonight. Affected businesses were properly notified by certified mail by June 13. Other public announcements were made at Council meetings, on Channel 71 and the local newspaper.

The Ordinances provide for the establishment of a District Advisory Committee, a role the Commercial District Management Authority (CDMA) is designated to take on. They establish the boundaries of the district to comprise all commercial enterprises in the current Commercial District along Greenbelt Road, plus those in the industrial zone along Branchville, Ballew and 55^th Avenue. Special taxes can be levied both on real and personal property. A special tax of 10 cents per $100 of assessed real property and no tax on personal property is proposed.

At 7:37 p.m., Mayor Calvo opened the hearing on Ordinance No. 132 Establishment of a Special Taxing District. There were no comments. Mayor Calvo closed the hearing.

At 7:38 p.m., Mayor Calvo opened the hearing on Ordinance No. 133 Budget for a Special Taxing District. There were no comments. Mayor Calvo closed the hearing.

2. Unfinished Business

Adoption of Ordinance No. 132: CM Gourley moved to adopt the Ordinance. CM Dennison seconded. CM Laughlin noted that the Council is adopting the Ordinances in a compressed time frame because of the late signing of the authorizing legislation. CM Dennison commented that Ordinances would enable the Town to raise additional revenues to pay more attention to the Commercial District which has experienced more criminal activity than the residential areas. Mayor Calvo said that, in recent years, the Town has shifted new resources to public safety. A take-home car policy and 24-hour coverage were instituted. With the additional revenue from the special tax, the Town could hire an 8^th officer for backup in the evenings or in case of an officer taking vacation or sick leave. However, the special taxes would not be sufficient to pay for another officer and would have to be complemented by other Town resources. In a roll call vote, Ordinance No. 132 was adopted 4 to 0.

Adoption of Ordinance No. 133: CM Gourley moved to adopt the Ordinance. CM Dennison seconded. Mayor Calvo reiterated that Ordinance No. 133 proposes to establish a tax of 10 cents per $100 of assessed real property value on top of the existing real estate tax and no taxes for personal property. The new tax is expected to raise approximately $24,000. The budget proposes to divide expenditures evenly between wages and salaries and capital items. But the budget is open to future spending decisions.

CM Gourley moved to adopt a special tax of 3 cents per $100 of assessed personal property value. The motion failed for lack of a second.

CM Laughlin clarified that the proposed budget is a place holder budget at this time. When the Council decides how the money should be spent it can refer to Section 5 of the Ordinance which authorizes the Town Administrator to transfer funds within the budget with prior authorization of the Town Council. In a roll call vote, Ordinance No. 133 was approved 4 to 0.

3. Citizen Comments

There were no citizen comments.

The meeting was adjourned at 7:50 p.m.

Kerstin Harper, Town Clerk