Town Meeting Minutes

 January 11, 2006

The meeting was called to order at 8:05 p.m. Present were Mayor Calvo, CMs Dennison, Gourley, and McNulty. CM Laughlin had an excused absence. Also present were Town Administrator Murphy, Chief of Police Murphy, Treasurer Lape, Clerk Harper, Code Enforcement officer Lorna Dorland as well as Chair of the Education Advisory Committee (EAC) Ann Davidson, Chair of the Neighborhood Watch/Emergency Preparedness (NW/EP) Ron Shane, Greenbelt Metropark representatives Sandy Gallagher and Marva Camp, Gazette reporter Michael Zimmerman and citizens.

Mayor Calvo led the Pledge of Allegiance.

1.    Presentation (8:06 p.m. - 8:38 p.m.)

Metropark Conceptual Site Plan:Mayor Calvo explained that a brief presentation on the Greenbelt Metropark development will be followed by a public hearing on a Resolution 01-06 approving the Conceptual Site Plan (CSP). The CSP sets the broad parameters for density and mix of uses of a development which will later be supplemented with Detailed Site Plans (DSP). Berwyn Heights does not have approval authority over this project but can take positions that will be considered by the District Council when it reviews the plans.

Sandy Gallagher, Metropark project manager, reviewed the CSP. Currently, the focus is on the residentially-oriented south core that will be built first. Last minute changes to the CSP are being negotiated with the City of Greenbelt as part of the siting of a recreational area in the center of the south core. These include changes in the mix and density of residential units and location of a stream crossing for the connector road. The plans call for 302 apartments, 380 condominiums and 340 town homes of which 130 are 2 over 2 condominiums, 67 are front loaded and 143 rear loaded. The high-density, commercially oriented north core will be built later and has as yet few details.

Ron Shane of 57^th Avenue asked if the connector road has traffic circles at intersections with side streets to discourage cut-through traffic from the Beltway. Ms. Gallager confirmed that there would be traffic circles with raised intersections. Mr. Shane continued askking if there will be storm water retention ponds on the site. Ms Gallagher said there will be two storm water quality facilites, one at the north end and one at the south end of the south core. They are designed to take the first flush of storm water and will be treated as amenities.

Joan Hayden of Seminole Street asked several questions about storm water management in the development and expressed doubts that there would be no downstream impacts, particularly with respect to flooding along 56^th Avenue in Berwyn Heights. Ms. Gallagher said that the developer is required to show that there will be no upstream or downstream impacts and has submitted studies to the County. Mayor Calvo added that the resolution has new language that requires the developer to show conclusively that there will be no impacts. Otherwise, they should held responsible for making needed improvements.

Ann Davidson of 58^th Avenue asked where any children living in the development might go to school as most surrounding public schools are already at or over capacity. Ms. Gallagher referred the question to Marva Camp who replied that the developer is required to pay a schools surcharge to help pay for the accomodation of new students. The developer has had joint discussions with the County, school board, Springhill Lake developers, Beltway Plaza owners and the City of Greenbelt about any new facilities that would replace Sprinhill Lake Elementary and Greenbelt Middle Schools. There are plans for building a combined Elementary/Middle School at the site of the current Greenbelt bus lot. The possibility of building a vertical school, which would offer more capacity on a smaller lot, has also been discussed.

Mayor Calvo noted that TA Murphy is at the moment drafting revisions to the resolution to include language expressing concern about the lack of planning for schools to accomodate the influx of children. Ms. Davidson added that the surcharge paid by developers is of little use unless land is set aside to build schools.

CM Dennison asked where the connector road will end prior to construction of the north core. Ms. Gallagher said it would end at the north end of the south core. CM McNulty asked 1) how construction equipment will access the development and 2) what type of residential units will be built in the north core. Ms. Gallagher replied that, during construction of the south core, trucks will use Branchville Road. Once the connector road is built trucks will use it as well as other roads that would enter from Cherrywood Lane. The type of units to be built in the north core will comprise mostly multi-family and condominium units which may include 10 story buildings.

Mr. Shane  asked how residents of the south core can get to the Metro Station if the connector will end in the south core. Ms Gallager replied that initially a shuttle will take commuters to the Metro. There are also plans to build a hike and bike trail to the station before the connector is opened. Ms. Davidson asked if Berwyn Heights residents could piggy back on the shuttle. Ms. Gallagher said that the shuttle will most likely be funded with money from a Metropark homeowners association. However, the developer would not be opposed to look into it. CM Gourley asked if the developer plans to repair Branchville Road after construction is finished. Ms. Gallager said that they are required to do so under a haul road permit issued by the County Department of Public Works (DPWT). Mayor Calvo thanked Ms. Gallagher for her presentation.

2.    Hearing (8:38 p.m – 8:39 p.m.)

Mayor Calvo opened the hearing. Ms. Davidson thanked the Council for an addendum to the resolution in which the Town expresses concerns about public enducation issues. With no other comments, Mayor Calvo closed the hearing

3.    Minutes

Clerk Harper read a summary of the December 14 Town meeting minutes.CM Gourley moved to adopt the minutes. CM Dennison seconded. The minutes were adopted 4 to 0 with corrections.

4.   Treasurer’s Report

Treasurer Lape gave the Treasurer's report for the month of December.

5.    Mayor’s Report

Mayor Calvo reviewed the Council's accomplishments for 2005. January 2005 saw the implementation of a revised Rental Housing Ordinance that gave the Town better tools to proceed against unlicensed and problem rental homes. A budget was adopted that for the first time allows for long-term planning. It established an infrastructure fund in which money will be set aside to pay for road repairs upfront rather than through borrowing. As  a result, the financial position of the Town has been turned around: instead of pulling $100,000 from the surplus $45,000 can be added. Further, the Council negotiated an agreement with the Metropark developers that grants Berwyn Heights control over Branchville Road and compensates the Town for traffic and other impacts with $1 million. In addition, the Town was able to annex several industrial properties along Branchville Road to cement its control over access to this road. Finally, the Council has opened up its meetings to more citizen discussion including worksessions.

Mayor Calvo continued with a preview of tasks the Council hopes to accomplish this year. The budget season begins in February with presentations from all department heads. The Council plans to develop a fiscal policy to help guide future Councils through the budget process. New appropriatons for the infrastructure fund and a proposed vehicle replacement fund will be considered with the goal of eliminating debt servicing costs. Employee salaries and benefits will be on the agenda to make Berwyn Heights competitive with surrounding municipalities. Finally, it is hoped that a safe streets Committee can be set up to devise plans to mitigate increased traffic expected with the opening of Metropark. He encouraged residents to contact the Town Office or Council to serve on the committee.

6.   Department Reports

Administration: Mayor Calvo announced that municipal elections are scheduled for May 2. The filing deadline for those wanting to run for the Council is March 7. For more information, residents can contact the Town office. He further reported that revenues continue to come in strong, with most businesss licensing fees and over half of the new public safety taxes collected. Public safety taxes will be set aside in a separate budget that will fund public safety improvements.

Code Enforcement: Assistant code official Lorna Dorland reported for CM Laughlin who was absent. She recited the code violations and fines issued for December 2005

Parks and Recreation, Education and Civic Affairs: CM Dennison reported the winners of the Best Decorated House and Yard Contest: 8716 Cunningham Drive for best overall, 5804 Ruatan Street for best house, 8912 56 Avenue for best yard and 5804 Swarthmore Drive received honorable mention. She added that winners of the best decorated yard make their ornaments by hand. She announced that the Recreation Council will begin Berwyn Heights Day planning at its next meeting on February 2, 7:30 p.m. All Town organizations are requested to send representatives. Ann Harris-Davidson was elected chair of the Education Advisory Council, with John Trangsrud remaining as Secretary. All citizens who want to run for Town Council in the May 2 election must file a certificate of nomination by close of business March 7. Municipal registration will close on March 31. Absentee ballots can be requested from March 31 to April 25. A Candidate's Night, at which candidates present themselves to the voters, will be held on April 26. All citizens are requested to come out and vote.

Public Health and Safety: CM McNulty highlighted last year's notable changes which include expansion of the Police Department office space, a police officer pay increase and overcoming  several police vehicle shortages. He noted that Chief Murphy has submitted the Department budget request in record time and that there has been a recent increase of indecent activity in cars parked in front of people's homes.

Chief Murphy gave the police activities report for the month of December. There were 7 Part I offenses,  consisting of 1 assault, 4 minor thefts and 2 car thefts. This is lower than the 5 year average for December of 14.6. The 2005 total of 116 Part I  offenses is also lower than the 5-year average of 141.8 and represents a 16% decrease.

Chief Murphy noted that Detective Sergeant Antolik has been named 2^nd in command and continued with an analysis of Berwyn Heights crime statistics over the last 5 years which shows a consistent downward trend. He attributed it to the efficiency of the Berwyn Heights police force. He concluded with a report of recent press releases.

Public Works: CM Gourley thanked the Public Works crew for “holding down the fort” in the absence of Director Coleman, who underwent surgery and a lengthy rehabilitation. He expressed pride in his department's performance despite difficult circumstances.

2.  Committee Reports

Education Advisory Committee: Mayor Calvo congratulated Ann Harris Davidson upon her re-election as Chair of the Education Advisory Committee. Ms. Davidson thanked Mayor Calvo and Council noting that livable communities are a function of many things, including an effective Council, good services and good public school choices. Currently, the planned addition of pre-K classes threatens to again overcrowd Berwyn Heights Elementary School (BHES) and raises the issue of what will happen to the 6^th grade, slated to be moved to middle school. Hyattsville Middle School has the continuity Music and Technology program but has no 6^th grade. Other educational issues affecting Berwyn Heights students are proposed boundary changes, loss of the northern high school and lack of provisions for educating additional students from the new Springhill Lake and Metropark developments. She thanked John Trangsrud for agreeing to continue as Committee Secretary and hopes Maria Robles will continue as Vice Chair of the EAC.

Historical Committee: There was no report.

Neighborhood Watch/Emergency Preparedness: Chair Ron Shane reported that the NW/EP Committee at the last meeting discussed Berwyn Heights Day. It plans to display the emergency response trailer, set up a first aid tent, invite other Prince George's Community Emergency Response Teams (CERTs) and hold a 50/50 raffle. The Committee is also attempting to recruit a corporate sponsor to put on a fire extinguishing demonstration. On January 12, the trailer will be on exhibit at the Maryland Fire & Rescue Institute (MFRI) while Mr. Shane will speak about the role of CERTs. The Berwyn Heights CERT was invited to participate in a citizens forum on emergency preparedness hosted by the Washington Times next week and hopes to send a representative. The Town of Fairmont Heights plans to look at the trailer to gather ideas for setting up its own program. Lastly, the Four Cities Coalition has agreed to take stock of its supplies in preparation for future cooperation in emergency preparedness.

Mayor Calvo added that emergency preparedness is on the agenda for the April Four Cities meeting and that this month's Bulletin has very useful information on how citizens can prepare for emergencies individually.

Recreation Council:  CM Dennison re-iterated that the Recreation Council is seeking volunteers to help plan Berwyn Heights Day.

3.  Unfinished Business

There was none.

4.  New Business

Resolution 01-06 Approval of Greenbelt Metropark Conceptual Site Plan: Clerk Harper read the Resolution. CM McNulty moved to approve it and CM Dennision seconded. Mayor Calvo proposed several edits to the Resolution. There were no objections.

Mayor Calvo continued that the Resolution expresses concern about storm water management. It asks that the developer prove conclusively that there will be no additional runoff that could exacerbate flooding in Berwyn Heights. Another concern is that adequate provisions be made for public educational facilities to accomodate the additional students Metropark and other proposed developments are expected to generate. Apart from these concerns, this CSP is an improvement over what was initially proposed. Due to Greenbelt's efforts, the density was lowered and design and layout improved.

CM Dennison voiced skepticism that the Resolution can ensure compliance with the Town's requests. Mayor Calvo said that it puts Town's concerns on the record.

Ms. Davidson said that the total number of residential units has gone up from 983 to 1022, according to Ms. Gallagher's earlier presentation, and does not accord with the numbers in the Resolution. Mayor Calvo asked Ms. Gallagher to elaborate. Ms. Gallagher confirmed that the numbers have gone up explaining that the changes are due to the creation of a 3 acre central recreational space for which town homes were sacrificed. To make up for this loss, conduminium units were added and some retail space given up. Mayor Calvo asked for the total number of residential units in the south core. Ms. Gallagher said that the numbers will not be final until negotiations with Greenbelt are completed and the CSP approved. The CSP merely sets maximum density limits but allows flexibility to change the mix of uses, unit numbers and layout. The numbers will be final when the CSP is approved by Greenbelt on January 23 and the Planning Board on January 26.

Mayor Calvo asked how the reduction in retail space from 115,00 square feet to 80,000 square feet affects the look of the retail center. Ms Gallagher said that it would reduce the size of the proposed grocery store. CM Gourley commented that he believes the smaller grocery store cannot serve the entire population of the development. He proposed postponing the vote on the Resolution until the unit numbers have been finalized. Mayor Calvo said this is not an option as the Town is contractually bound to support the CSP before it goes to the Planning Board. He asked Ms. Gallagher if there are plans to exceed the 1022 unit number. Ms. Gallagher said that number would not be exceeded. Mayor Calvo stated if that were to happen the Town would oppose the plans.

TA Murphy commented that the Metropark representatives as recently as last Monday cited 983 as the number of residential units. The higher number given now raise a credibility issue. Mayor Calvo reiterated that Berwyn Heights would appeal the site plan and delay approval if 1022 residential units is exceeded.

CM Dennison asked why County Councilmember Tom Dernoga had so much influence over the layout of the development. Jerry Anzulovich of Berwyn commented that he chairs the County Council and has the most experience with planning matters.

Joan Hayden of 56^th Avenue thanked the Council for addressing concerns about flooding on 56^th Avenue in the Resolution but added that she believes that the development will be a bigger problem than is now realized. She then showed pictures of the January 1996 flood in which 56^th Avenue was under water. Ms. Davidson asked if there are records documenting how often floods like the one of 1996 happen and if there is a way to demonstrate if future flooding is aggrevated by the development. Mayor Calvo replied that there are methods to track that and that the Council has requested such information. He further noted the Council's concern about residents on 56^th Avenue having adequate flood insurance. Ms. Hayden said that there has been flooding of homes as long as her family has lived on 56^th Avenue, in 1961, 1963, 1972 and 1996. She asked that this problem be addressed. Mayor Calvo said that the authorities have been requested to address the problem.

In a roll call vote, the Council voted 3 to 1 to approve the Metropark CSP with CM Gourley opposed.

Resolution 02-06 - Introduction of Commercial District Management Authority Amendments: Mayor Calvo explained that, in June 2005, the Council established a public safety taxing district following authorizing legislation at the State level. At that time, the Commercial District Management Authority (CDMA) was designated as an Advisory Council of the special taxing district, advising the Town on how the taxes collected in the district would be spent. Following collection of  these taxes, the Council is now implementing the advisory and budget process. This requires amending Ordinance No. 123 governing the Commercial District Management Authority so as to include Berwyn Heights' industrial zone.

CM McNulty moved to introduce the amendments to Ordinance No. 123. CM Dennison seconded. There were no comments. In a roll call vote, the Council voted 4 to 0 to approve the introduction.

5.    Citizens Discussion

Joan Hayden stated that she talked to residents on 56^th Avenue following the last worksession at which flooding of this area was discussed. They feel that it was inappropriate for the Mayor to raise the issue of their having flood insurance. Mayor Calvo apologized for any offense. He simply wanted to make those who are at risk of flooding aware of the federally-insured flood insurance program and recommend giving it strong consideration. The Town will proceed with contacting those who live in the flood plain and make sure they understand the options available to them.

Kerstin Harper, Town Clerk

 
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