Town of Berwyn Heights

Special Town Meeting

October 6, 2005

The meeting was called to order at 8:24 p.m. Present were Mayor Calvo, CMs Dennison, Gourley and Laughlin. CM McNulty had excused absence. Also present were Town Administrator Murphy, Clerk Harper, Attorney Richard T. Colaresi, property owners and citizens.

Mayor Calvo led the pledge of allegiance.

1. New Business

Annexation Resolution No. 08-2005 & 09-2005 First Reading: Mayor Calvo explained that the special Town meeting was scheduled to introduce two annexation resolutions and begin the process of annexing certain unincorporated properties bordering the north side of Branchville Road. He called on Attorney Richard Colaresi to describe the process in detail.

Mr. Colaresi explained that the State of Maryland allows municipalities to enlarge their boundaries in accordance with state law. To begin the process of annexation, a municipality must first hold a public meeting to introduce the annexation resolution(s) describing the areas to be annexed. Next, the Town must publish a notice of the proposed annexation in local newspapers in weekly intervals in conjunction with an announcement of a public hearing date on the annexation. As the areas to be annexed in this case are less than 25 acres, the notice only needs to be published two consecutive weeks. At the same time, the Town must notify County and State agencies of its intent to annex designated properties and file the necessary papers. After a 15-day wait period, the public hearing can be held and the annexation resolution adopted. In the ensuing 45-day wait period, a petition for referendum objecting to the annexation can be filed by the properties to be annexed or the citizens of Berwyn Heights. If there is no petition for referendum the annexation is complete on the 46^th day after adoption of the resolution.

Resident Mike Attick asked what happens if the City of Greenbelt also seeks to annex the properties in question. Mr. Colaresi replied that the properties will become part of the municipality that completes the annexation process first, unless there is a petition for referendum. However, a referendum is unlikely in this case as Berwyn Heights has obtained consent for annexation from all tax-paying property owners involved.

Mayor Calvo explained further that the proposed annexation relates to the Greenbelt Station development. As part of the agreement between Greenbelt and Metroland, Greenbelt required the Metroland developers to petition for incorporation into Greenbelt. While that process is moving forward, a recent City of Greenbelt staff report recommended that the city also annex other properties adjoining the proposed development. However, these properties did not consent to be annexed. Upon learning of Greenbelt's plans, the Council has contacted the owners of these properties and obtained their consent for annexation into Berwyn Heights. It has been a long-standing position of the Town of Berwyn Heights that it maintain control over access to Branchville Road and at some point annex the properties adjoining it. While Branchville Road is a County road, it is located in the Town of Berwyn Heights, with right-of-ways on the north and south side owned by Berwyn Heights.

The annexation is in the form of two resolutions because the properties to be annexed are not contiguous. Resolution 08-2005 proposes to annex the properties known as PG Scrap and the Concrete Institute and Resolution 09-2005 the property owned by Branchville Road LLC where Hercules Fence is located and PEPCO.

CM Gourley moved to introduce annexation Resolution 08-2005. CM Dennison seconded. Clerk Harper read the Resolution. Mr. Colaresi commented that the INTRODUCED section on page 3 should read introduced...at a Special Meeting. The motion passed 4 to 0 in a roll call vote.

CM Dennison moved to introduce Resolution 09-2005. CM Laughlin seconded. Clerk Harper read the Resolution. Mayor Calvo asked Mr. Colaresi whether the Resolution can be changed at the time of adoption to reflect if adoption takes place at a special or a regular meeting. Mr. Colaresi said it could. The motion passed 4 to 0 in a roll call vote.

The meeting was adjourned at 8:50 p.m.

Kerstin Harper, Town Clerk