Town of Berwyn Heights

Worksession Minutes

March 20, 2006

The meeting was called to order at 7:08 pm Present were Mayor Calvo, CMs Dennison, Laughlin Gourley and McNulty. Also present were Town Administrator Murphy, Clerk Harper and citizens.

1. Mayor

Announcements: The new Superintendent of Prince George's County Public Schools (PGCPS), John Deasy, will hold a press conference on March 31, 9 a.m., at the Scasser Administration Building in Upper Marlboro. Mr. Deasy has been invited to attend a joint meeting of the Berwyn Heights and College Park Education Advisory Committees in May.

Calendar: The Council reviewed the calendar. A mock council meeting with students of Berwyn Heights Elementary School (BHEAC) is to be added on April 24, 6:30 p.m.

Minutes: CM McNulty moved to adopt the March 6 worksession minutes. CM Laughlin seconded. The minutes were approved 5 to 0 with corrections.

Department reports: CM Gourley cautioned residents to avoid a sunken temporary patch on Cunningham Drive between Berwyn Road and Goucher Drive. Public Works will be requested to put out cones to demarcate that section of road. He encouraged residents to contact the Washington Suburban Sanitary Commission (WSSC) regarding the patch. Mayor Calvo will request that the WSSC crew currently working on Seminole Street look into the matter. CM McNulty reported that Friday night, March 17, Berwyn Heights Police had 2 additional officers on duty for the late night shift. This fulfills a requirement for state funding of overtime. CM Dennison reported that Berwyn Heights Day planning is on track. All Town committees are participating. The Boys & Girls Club will sell drinks at the new Concession stand; the Neighborhood Watch/Emergency Preparedness will perform a fire suppression demonstration; and the Historical Committee will dedicate its next historic street marker.

CM Laughlin reported that the Cities of College Park and Takoma Park have revamped their websites to better serve their Hispanic communities. They link to translation and other city and community services. The sites are a possible resource for the Berwyn Heights code enforcement department. Mayor Calvo reported that the new administrative assistant is doing well; that collection of public safety taxes is almost complete and that the Town Center attic clean-up is under way, with vents and fans having now been sealed. TA Murphy was asked to find out if young bats are currently being raised so as to avoid separating them from their parents when one-way exits are installed.

Citizen comments: Stephanie Terry, a Berwyn Presbyterian Church Elder and Chair of the Mission Committee, addressed the Council on behalf of the the Church. She requested the Town's permission to put up two small, simple signs in the Greenbelt Road right of way that would announce the presence of the Church to drivers. Mayor Calvo said that permits for signs are granted by the County with the Town taking a position. He would like to see a specific design before making a recommendation. Ms. Terry said that they would submit a design before they proceed. The Council expressed their support in principle. Ms.Terry was requested to work up a proposal with TA Murphy's help and then submit it for Council review.

Mike Attick of 62^nd Avenue commented that residents will have difficulties reporting the sunken patch on Cunningham Drive because of an automated answering system used by WSSC. Further, a number of trees along the Quebec Street side of the school property need trimming as branches have grown into the power lines. David Morris of 58^th Avenue questioned whether the Town's support for a church sign is a violation of the separation of Church and State. Mayor Calvo said it is not a violation as permission to put up a sign does not constitute an endorsement of a religion.

Mayor Calvo received a request from the Men's League for support of additional public parking spaces in front of the Berwyn Heights Community Center. Currently, all spaces are taken up by 2 handicapped spaces and a fire lane. The Chief of the Berwyn Heights Fire Department has indicated that there is room for a few public parking spaces.

MML Board of Directors nomination. Mayor Calvo explained that all Maryland municipalities are encouraged to submit nominations for the Maryland Municipal League's (MML) board. However, nominations can be submitted until June 26. The Council declined to submit nominations.

HB 1360 Elected School Board: Mayor Calvo said that the Education Advisory Committee (EAC) has recommended the Council take a position in favor of this bill re-establishing an elected school board elected from 9 single member districts. The bill was recently passed by the House of Delegates and is now headed for the Senate. CM Dennison moved for the Council to send letters of support to all Prince George's County senators. CM McNulty seconded. The motion passed 5 to 0.

HB 1640/SB 1013 MML growth management bill: Mayor Calvo explained that the Maryland Municipal League (MML) has introduced this bill in response to legislation supported by the Maryland Association of Counties (MACO) that would limit municipalities' ability to annex land. The MML bill would provide for better joint planning between local governments. CM Gourley moved to support the bill. CM Dennison seconded. The motion passed 5 to 0.

SB 296/ HB 1657 Street Lighting Equipment: Mayor Calvo said that this bill, introduced by Al Carr of Kensington and supported by Senator Pinsky, has passed the Senate and will be considered by the House. It would allow municipalities to purchase street lights from the Potomac Electric Power Company (PEPCO) and contract with other suppliers that may offer cheaper electricity rates. Purchasing street lights would require a large up-front investment but would result in substantial savings long-term. He favors giving municipalities this option. CM Dennison asked if municipalities would also pay for the maintenance of the lights. She was told they would. CM McNulty moved to support the legislation. CM Gourley seconded. The motion passed 5 to 0.

2. Administration

Bulletin cover: The following items were approved for the April Bulletin cover: announcements for Town Council election, Candidates Night, Student Mock Council Session, Berwyn Heights Day, introduction of the FY 2007 budget, constant yield tax notice and income tax filing notice.

At 7:55 p.m., the Council took a 5 minute break.

3. Code Enforcement

Code appeal I: CM Laughlin explained that a resident has filed an appeal of a $100 fine for failing to remove parts of a tree, that was cut down in mid-January, from his front yard. The tree was within the Town right of way and had been declared dead by Public Works Director Coleman who asked the homeowner to have it removed.

The resident, who was present, explained that he had the said tree cut down within one week of being contacted by Public Works Director Coleman and Code Enforcement Officer Solomon. He did so despite the fact that he disagreed with their judgment that the tree was dead. To save money, he decided to remove the tree himself. He stacked the smaller branches on his porch but was unable to finish removing the logs before the onset of a snow storm. After receiving the first notice of a violation, he began to elevate the logs on large cinder blocks to comply with the requirement. However, the removal process is difficult and time-consuming using hand tools and he continues to work on the task. He asked that the Code Department give consideration to his show of good faith and allow a reasonable amount of time to complete the job before imposing a fine. He suggested the Code Department work more cooperatively with residents rather than enforce the letter of the law.

CM Laughlin asked how long he would need to complete the job. The resident said that he should be able to finish by the end of April. CM Laughlin moved to rescind the fine and set April 30 as the deadline for completion. CM McNulty seconded. The motion passed 5 to 0.

Code appeal I: CM Laughlin explained that the resident owner of a rental home requested that a $200 fine for late payment of the rental license fee be waived as he had been given too little time to comply. In a letter, the home owner explained that he bought the home in 2004 but was unaware of the licensing requirement. He received the notice to pay the license fee on February 2, 2006 with payment due on Friday, February 3. Cash payment was received on February 9. The resident owner is young and rents to friends at below market rates. The fine represents a financial hardship.

CM Laughlin moved to waive the fine. CM McNulty seconded. CM Dennison said the Town needs to find a way to contact new rental homeowners about the licensing requirements to avoid situations like these. CM Gourley moved to postpone a decision to the next worksession to give the owner a chance to attend the Council meeting and to find out if the home was a rental from the time it was purchased in 2004. The motion failed for lack of a second. The motion to waive the fine passed 4 to 1 with CM Gourley opposed.

5. Parks and Recreation

No items were discussed.

6. Public Safety

Tuition reimbursement fund: CM McNulty said that he had explained the concept of the fund at the last worksession. Tonight he only seeks a decision to establish a line item in the budget, leaving the details to be discussed later. Mayor Calvo requested an explanation of parameters. CM McNulty explained that the fund would serve to reimburse permanent employees for tuition expenses on a first come first serve basis. He has no recommendation as to what dollar amounts are appropriate at this point. In the ensuing discussion, it was proposed to conduct a survey of employees to gauge interest; to limit eligibility to a C grade average or better; and to set up a small start-up fund with a policy to follow later.

Mayor Calvo said it would be better to have a concrete proposal which could be modified in discussions of the Council. He proposed to condition reimbursement on 1) performance; 2) the employee staying with the Town for a certain number of years; and 3) a maximum amount per employee. He asked CM McNulty to work with TA Murphy to draft a short policy for discussion in April.

7. FY 2007 Budget Discussion

Mayor Calvo explained that TA Murphy prepared materials to answer questions raised in previous budget discussions, including proposals for revising certain license and permit fees, explanations of how certain appropriations were arrived at and a comparative analysis of police officers salaries in neighboring communities. Beginning with a review of Town fees, TA Murphy proposed to include professional practices among those businesses whose license fees would be based on the gross receipts. This would require a change of definitions in the governing Ordinance. In addition, a monthly late fee for business license fees could be applied. Building permit fees could be raised from 50% to 75% of County building permit fees. New permit fees could be levied on installation of fences and electrical and plumbing systems. TA Murphy advised against raising current dumpster permit fees or rental license fees. He revised downward the revenue projections from appliance pick-up fees. He then providing additional background for certain appropriations.

Under comments, Mayor Calvo noted that he supports the changes in business licensing fees and recommends adopting a new fee schedule by resolution. Electricity rates are slated to go up by 55% this year, using up $12,000 in undesignated reserves and possibly more. TA Murphy is soliciting bids from different suppliers to keep costs down. With respect to the hiring of an 8^th police officer, salary and all related expenses are budgeted under the public safety taxing district. An officer could be hired mid-year as there is not enough public safety tax revenue in 2007 to cover the cost. Increase in travel and cell phone expenses associated with the part-time code enforcement officer are warranted because of the valuable translation service the officer provides. CM Gourley's cell phone, like those of other Councilmembers, should come out of his pocket. To keep down the tree service budget, the school system should be approached again to request them to undertake the pruning of trees around the perimeter of the school fields.

CM Dennison commented that she disagrees with raising various town service fees as a new form of taxes. She fully supports the renovation of the Senior Center bathrooms but believes that painting may be less expensive way of doing it. She questioned the need for the purchase of new rifles as the crime rate in Berwyn Heights is low. She opposed raising the budget for the school flasher as it needs to be repaired first.

CM Gourley commented that revenues from the sale of scrap metal has declined due to a resident collecting such metal. He offered to pay 50% of the cost of his cell phone. CM Laughlin asked if TA Murphy has talked to the Code Enforcement Director about electrical and plumbing permits and about electricity rates increase. TA Murphy said Director Solomon had suggested requiring permits for electrical and plumbing work. However, estimating costs would be difficult. The large increase in electricity rates is due to the way utilities were deregulated. CM McNulty noted that the Public Safety postage appropriation may be too low.

In the context of discussing the budget for maintaining the ball fields, CM Dennison commented that a recent Gazette article regarding the school fields contained many inaccuracies. Specifically, she wished to correct the impression that CM Gourley and the Public Works Department have been responsible for renovating the ball fields and that the Town intends to sue the school system over the fields. Mayor Calvo agreed and said he spoke to the reporter to recommend that he cross check his facts. CM Gourley replied that he did not wish to take full credit nor that he suggested the school system should be sued. His words were taken out of context.

Mayor Calvo reviewed a budget summary to be published in the April Bulletin. TA Murphy clarified certain figures. He noted that none of the proposed Town fee increases are reflected in the budget. CM Gourley suggested the Council raise business license fees higher than proposed.

TA Murphy reviewed a draft survey of police officer pay scales in the neighboring municipalities of Bowie, College Park, Edmonston, Greenbelt, Hyattsville, Laurel, Mount Rainier and Riverdale Park, which are to serve as the basis for a Berwyn Heights pay scale. Mayor Calvo asked that University Park be included in the survey and that pay scales for public works and code enforcement personnel be obtained as well.

The meeting was adjourned at 10:20 p.m.

Kerstin Harper, Town Clerk