Worksession Minutes

January 9, 2006

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, Clerk Harper, Greenbelt Metropark representatives, Norman Rivera, Sandy Gallagher, Mike Snyder et al, and citizens.

1.    Mayor

Agenda: Code Appeal I was moved up on the agenda to accommodate the appellant who was present.

Announcements: The Northwestern Colors Performing Arts Program will present Rosa Remembered on February 4, 6 p.m. Tickets can be obtained through Berwyn Heights Elementary School (BHES). Senator Pinsky, Delegate Gaines and Ross will hold a reception at the Miller Senate Building on January 16.

Calendar: The Council reviewed the calendar. No changes were made.

Minutes: The Council reviewed the minutes. CM Gourley moved to approve the December 12 worksession minutes. CM Dennison seconded. The minutes were approved 4 to 0 with corrections. CM Dennison moved to approve the December 19 worksession minutes. CM McNulty seconded. The minutes were approved 4 to 0 with corrections. The December 14 Town meeting minutes were corrected and are to be approved at the January Town meeting.

Department reports: CM Gourley reported that all equipment is back online. The Public Works crew did a good job finishing loose leaf pickup despite breakdowns of equipment. Mayor Calvo said he would like the Public Works Department to look into instituting a system of notifying residents of leaf pickups based on the College Park model. CM Gourley agreed to plan it for next year. CM McNulty reported that Allstate Insurance conceeded fault in an accident in which Chief Murphy's car was hit. The Town will receive a $500 reimbursement of the deductible. Another lawsuit against the Town charging an officer with false arrest has not been heard yet.

CM Dennison announced the homes that won the Best Decorated House and Yard Contest: 8716 Cunningham Drive for best overall, 5804 Ruatan Street for best house, 8912 56^th Avenue for best yard and 5804 Swarthmore Drive received honorable mention. Further, the Education Advisory Committee (EAC) will meet on January 10 and elect new officers while the Recreation Council has begun planning for Berwyn Heights Day on May 6. All Town organizations are requested to send representatives to the next meeting scheduled for February 2, 7:30 p.m. Mayor Calvo reported that revenues from Public Safety Taxing District, business licenses and Personal Property Taxes are coming in strong. A number of applicants for the administrative assistant position have been interviewed.

Citizen comments: Mary Smith of 59^th Avenue said that prior notification of leaf pickup dates would be a great idea. Mayor Calvo was informed by a resident that a neighbor is experiencing financial difficulties and is seeking help. Mayor Calvo plans to follow up.

Metropark CSP approval: Mayor Calvo explained that this is the 3^rd presentation on the Greenbelt Metropark Conceptual Site Plan (CSP) the Council has received in the last couple of months. The Council will continue to receive updates as the development progresses and Detailed Site Plans (DSP) are submitted. Tonight's focus is on storm water management.

Norman Rivera, Metropark Attorney, was accompanied by Sandy Gallagher, project manager, Mike Snyder, storm water management engineer and others. He began with an overview of the project, which consists of a high density, commercially-oriented north core and a medium-density, largely residential south core. The south core is in a more advanced stage of planning, with DSPs for town homes and condominiums having been drafted or filed. Continuing negotiations with Greenbelt hinge on determining the exact size and shape of a recreational area that was added in the center of the south core. Staff reports finalizing the CSP are expected for January 14 or 15 and the Planning Board hearing is scheduled for January 26.

Mayor Calvo referenced the parcels under discussion on the latest site plan and asked how many residential units were planned for the south core. Mr. Rivera replied that a total of 983 units were planned, taking up approximately 160,000 square feet. However, the mix of town homes, versus condos and apartments may change in negotiations with Greenbelt over the central green space. Pertaining to storm water management, the CSP mandates that there be no upstream or downstream impacts from the development.

Mike Snyder of Dewberry reviewed the storm water management plans. He noted that the south core is situated next to the Indian Creek which is joined by Narragansett Run on the site and passes under Greenbelt Road through culverts. A 1993 study of the Anacostia watershed has been adopted by the County as the 100-year flood plane plan and is the basis of Metropark's storm water management plan. State and County law mandates that any fill-in of the flood plane must be compensated by cuts or additions. This requirement is met with the rehabilitation of a former concrete facility that will be added to the flood plain to compensate for fill-in associated with the building of the connector road. Thus there is no loss of flood plain area.

The conceptual storm water management plan, filed as a “child” of the overall CSP with the Department of Environmental Resources (DER), also calls for two storm water quality management ponds, one at the north end and one on the south end of the south core. The ponds are designed to take the first flush of runoff from the site to settle out the pollutants. They will not retain storm water but release it into Indian Creak before it reaches peak flow. Water retention is deemed undesirable for this site because it sits at bottom of a 25 square mile watershed area that will take a certain time to reach flood stage.

Mayor Calvo questioned whether no additional runoff would be generated from the site after building of homes, streets and parking lots. Mr. Snyder replied that the development is to be built on the site of the former sand and gravel mine. The soil of the site was saturated and had very little capacity to absorb storm water. Therefore, the runoff will not differ much from pre-development conditions. CM Gourley asked if there are any provisions for rain gardens. Mr. Snyder replied that they have been ruled out because they are water-retention facilities. The developer is now engaged in de-watering the site so as to be able to build on it. The planned ponds were deemed the most effective means to manage runoff from most storms. CM McNulty asked if the ponds need to be dredged to remain effective. Mr. Snyder said that they would be dredged every 5 to 10 years and that they would be aerated and otherwise well maintained.

Resident Joan Hayden of Seminole Street related her family's experience with Indian Creek floods since they moved into their home on 56^th Avenue in 1961. Before the Army Corps of Engineers regulated the Creek in 1973/74, there were 3 major floods in which 56^th Avenue was under water and homes flooded. Thereafter, the situation was improved until January of 1996 when a drenching rain fell on top of 3 feet of snow that was melting and again flooded 56^th Avenue. She concluded by noting that the development would add a lot of impervious surfaces to the Indian Creek valley which is likely to increase runoff. She asked that the developers make provisions to minimize the flow of floodwaters under Greenbelt Road.

Mr. Snyder responded that Greenbelt Road acts as a dam for the water draining from the watershed that lies north of it. The culverts under the road act to regulate the flow of water downstream. The same is true of the Beltway further upstream. The development does not change the hydrological characteristics of this area. Ms. Hayden said she doubted there would be no impact and showed photos of the flooded street and homes from January 1996 to illustrate her point.

Mayor Calvo thanked Ms. Hayden for showing the photos and making a clear case for Berwyn Heights' concerns about flooding on 56^th Avenue. He said the Town wants to make sure that the development does not make the situation worse. The Town also needs to make sure that an accounting is made of all 56^th Avenue properties that are in the flood plane and that those residents have flood insurance or renters insurance. Mr. Snyder assured the Council that the development would not make the situation worse and had to undertake studies to prove it.

Other questions were asked by residents Rick Ramsey, Mary Smith, Mike Attick, Joan Hayden and CMs Dennison and McNulty concerning provisions for additional traffic, plans for the intersection of the connector with Greenbelt Road, requirements for future development along recently incorporated Branchville Road, timing of the rehabilitation of a former concrete facility, prospects for tenants in the commercial north core, timing of construction of the storm water management ponds, plans for runoff from the south core recreational area and impacts on the Berwyn Heights Fire Department's service area.

Mayor Calvo concluded that the Council will have another presentation on Metropark at the upcoming Town meeting when it plans to approve the Conceptual Site Plan.

At 8:50 p.m., the Council took a 10 minute break.

2.    Public Works

No items were discussed.

4.    Code Enforcement (moved up on agenda)

Code Appeal I: Mayor Calvo, filling in for CM Laughlin, explained that the owner of 8908 60^th Avenue is present to appeal a $100 fine for a Clean Lot violation pertaining to an 8' high brush pile in his backyard. A second fine was waived by the Code Director because of the owner's good faith effort to clean up the pile. The owner acknowledged that the pile of wood, intended as firewood for his home, had grown out of control. However, he never received a door hanger left by Code Enforcement Director to notify him of the violation. Nor did he get the first certified letter warning him of an impending fine. He ignored the postal notices of the certified letter left at his home because he believed that they related to certified letters he himself had sent to tenants of his rental home at 8904 60^th Avenue. When he received the letter informing him of the imposition of the fine, he began to clean up the pile and contacted the Town to let them know he was working to remedy the situation.

Mayor Calvo asked if the rental home he operates is licensed with Town. The owner said that he believes he does not need a license because he is not renting to more than two tenants. Mayor Calvo clarified that this is only true if he lived in the same house in which rooms are for rent. Otherwise a rental home needs to be licensed or a $400 fine could be imposed. The owner said he was unaware of this regulation but will apply for a license the following day. In another matter, he asked what he should do about a small refrigerator was dumped on his front lawn. He does not wish to pay the $35 disposal fee. Mayor Calvo advised him to call the Police Department and file an illegal dumping report.

In deliberations, Mayor Calvo said that he can't find grounds to waive the fine because the Code Department had applied the law correctly and had, in fact, been lenient in waiving a second fine for clean up work not completed by the deadline. On the other hand, the owner has acted in good faith to clean up the brush pile. CM Gourley proposed to reduce the fine to $50 and so moved. CM McNulty seconded. The motion passed 4 to 0.

Code Appeal II: Mayor Calvo explained that the owner of 8907 59^th Avenue requested a hearing to appeal a $100 fine for having a vehicle with expired tags parked on his property. However, the appellant did not appear and his letter of request does not give any reason as to why the fine should be waved. The owner confirmed receipt of a certified letter informing him of violation and fine to be imposed. At due date, the vehicle was still in violation and a fine was imposed. The owner confirmed receipt of the fine letter, covered the vehicle and requested a hearing. CM Gourley moved to uphold the fine. CM McNulty seconded. The motion passed 4 to 0.

1. Mayor (continued)

Public Safety Taxing District Advisory Council: Mayor Calvo explained that, as part of preparations for the budget season, the Commercial District Management Authority (CDMA) ordinance needs to be amended to comply with the requirements for a Public Safety Taxing District. Specifically, the borders of the Commercial District need to be expanded to include the industrial businesses along 55^th and Ballew Avenues and Branchville Road and to grant advisory authority to the CDMA Board on how to spend the public safety tax revenues. TA Murphy added that so far approximately $13,000 of $24,800 in projected taxes has been collected. The deadline has passed and reminders need to be sent to businesses that have not yet paid. The Council had no objections to introduction of the CDMA amendments at the Town meeting. A meeting with the CDMA board to begin the advisory process will need to be scheduled soon.

3.    Administration

Bulletin cover: The Council agreed on the following items for the February Bulletin cover: notices on the budget process and municipal election filing deadline, Berwyn Heights Day planning meeting, community service hours for spring cleanup and changes to trash collection service due to Presidents Day.

5.    Parks and Recreation

BHES fields: TA Murphy briefed the Council that, following recommendations from the M-NCPPC landscaping supervisor, Public Works has put up a temporary fence at the entrance of the playing fields to prevent unauthorized access in the future. CM McNulty added that Chief Murphy recommended putting up steel posts with a lockable chain that would allow for continued access of emergency and other vehicles to the field.

1.    Mayor (continued)

Metroland CSP approval: Mayor Calvo said that the Council will vote on a resolution to approve the Metropark CSP and asked if it should include language regarding the Council's concern about adequate storm water management. He believes that Metropark's engineer did a good job explaining the storm water dynamics of Indian Creek. He ventured that flooding on 56^th Avenue may be the result of water backing up rather than from increased flow under Greenbelt Road. It may be useful to have Parks and Planning or the Department of Environmental Resources (DER) study the situation and recommend improvements. There were no objections. TA Murphy was asked to include in the resolution the Council's concerns about additional storm water runoff generated by the development and to hold the developer responsible for downstream improvements if that proves to be the case.

The meeting was adjourned at 9:55 p.m.

Kerstin Harper, Town Clerk

 
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