Town of Berwyn Heights

Worksession Minutes

June 19, 2006

The meeting was called to order 7:13 p.m. Present were CMs Dennison, Gourley, Jewitt and Lofgren. Mayor Pro Tem Jewitt presided until arrival of Mayor Calvo at 7:30 p.m. Also present were Town Administrator Murphy, Clerk Harper as well as residents Robert and Maria Zachrel and Boys and Girls Club officers Tom Reynolds, Kevin Conover and Jim Demino.

1. Mayor

Announcements: The Council will be away from June 26 – 28 to attend the Maryland Municipal League (MML) Convention.

Calendar: The Council reviewed the calendar. National Night Out was added for August 1. Meetings of the Historical Committee for July and August were taken off. The first September worksession was confirmed for Tuesday, September 5 as Labor Day is on September 4.

Minutes: The Council reviewed minutes. CM Gourley moved to adopt the minutes. CM Dennison seconded. The minutes were approved 4 to 0 with corrections.

Mayor Calvo arrived and took over as chair.

Department reports: CM Lofgren had no report. In response to CM Dennison, TA Murphy said that the Washington Suburban Sanitary Commission (WSSC) has begun repairing Seminole Street after replacement of the water mains. They plan to fix any remaining leaks, repair damage to curbs and driveways and patch the road surface. CM Gourley added that WSSC also be asked to fix two holes on the 5800 block of Seminole Street. CM Dennison reported that the Recreation Council broke even on Berwyn Heights Day and would meet briefly in July to set the date for the Ice Cream Social. The consideration of a memorial for former Berwyn Heights Elementary School (BHES) Principal Miriam E. Farwell was entrusted to the Education Advisory and Historical Committees.

CM Jewitt reported that the cell phone for the Assistant Code Enforcement Officer was canceled to 1) save money and 2) because she prefers to use her own cell phone for communicating with Town departments and Council. The Code Enforcement Director has been subpoenaed in a rental home civil dispute. CM Jewitt asked for input on how to proceed and whether the matter required consultation with the Town Attorney. Mayor Calvo replied that the Director would simply be asked to make a statement about what she remembers from an inspection of the home in question. CM Gourley reported that TA Murphy is in the process of collecting all invoices from Town departments in order to close the books on FY 2006 as well as getting ready to send out business license applications for FY 2007.

Mayor Calvo reported that the Police Department is investigating the recent theft of 4 cars in Berwyn Heights and that Chief Murphy is preparing for the purchase of 2 new police cruisers and new firearms. Mayor Calvo spoke to Gazette reporter Zimmerman who will write about the MML convention, the police car purchases and the Four Cities street sweeper.

Agenda changes (out of order): Mayor Calvo requested that 2 items be added to the agenda: Commerce Bank under the Mayor's agenda and Bulletin Changes under the Administration agenda.

Citizen comments: Mayor Calvo received a complaint from a Seminole Street resident about water pipes blocking her driveway. WSSC promised prompt cleanup after being contacted by TA Murphy and Director Coleman. He also received comments about a mature tree that was cut down on Osage Street and about a loud party on Ruatan Street. At some point, the Council may need to review the need for a noise ordinance that sets decibel limits. CM Gourley received comments regarding a badly repaired patch on Cunningham Street and payment for the Seminole Street water main replacement.

CM Jewitt received a comment on the Town Web site pages and Channel 71 slides not being updated and has followed up on comment about the need for a briefing on the widening of Kenilworth Avenue. He asked for the State Highway Administration (SHA) to make a presentation at the July 20 Four Cities meeting in Berwyn Heights. Mayor Calvo added that the briefing should be taped so that Town residents can view it later. CM Lofgren received a comment about a property that is for sale on 58^th Avenue and plans for subdividing it. The matter raises issues about setback requirements and a WSSC easement on the property that the Council may need to discuss in the future. Mayor Calvo clarified that setback requirements are defined by County Zoning Ordinance. He agreed that the Town should monitor this real estate transaction and coordinate early with the County Zoning Board of Appeal.

Commerce Bank: Mayor Calvo informed the Council that he recently met with representatives of Commerce Bank regarding plans to build a new branch at 5815, 5819 Greenbelt Road. The site plan calls for acquiring a residentially-zoned property abutting the commercial property so as to square off the site and allow for the building of a drive-through teller lane with traffic coming in on 58^th Avenue and going out on 59^th Avenue. This would require re-zoning the residential property for commercial use. The bank's representatives said that they want to work with the Town to address any concerns. Mayor Calvo outlined 3 possible improvements: 1) improving the 58^th Avenue intersection of Greenbelt Road with a safe cross walk for the hiker-biker trail; 2) closing 59^th Avenue to through traffic and 3) moving the sidewalk back from Greenbelt Road to allow for a strip of green space. All improvements, however, would first need to be discussed by the Council and presented to the public for input. Residents of 59^th Avenue would be asked to comment on the possible closing of 59^th Avenue. On the whole, Mayor Calvo said he regards the prospect for the purchase and transformation of this property as a positive step toward improving this block in the Commercial District.

CM Gourley agreed that the proposal presents new possibilities for beautifying the entrance to Berwyn Heights at 58^th Avenue. The renovation of the 58^th Avenue sidewalk should be considered as part of this project. CM Jewitt suggested that the feasibility of a designated right turn lane for 58^th Avenue should be explored so that traffic does not back up so far at the traffic light. CM Lofgren was concerned that the 5800 block of Greenbelt Road might be too short for a drive-through teller lane and that cars would end up backing up onto 58^th Avenue. The re-zoning of the residential property may take some time because it would have to be reviewed by Parks and Planning. TA Murphy added that Commerce Bank is a major player in the banking industry. It is retail-oriented and strives for a retail appearance in its buildings and landscaping. Often their branches are located at street corners for visibility. Mayor Calvo noted that they do a lot of community outreach and support community clubs and partnerships.

CM Jewitt moved to move up the code enforcement agenda. There were no objections.

3. Code Enforcement (discussed out of order)

Driveway variance: CM Jewitt asked Mr. Zachrel of Cunningham Drive to present his case regarding a driveway variance. Mr. Zachrel explained that he was in the process of renovating his old driveway when he was told that he needed to get a permit. He stopped work and applied for a permit. However, he was told that the proposed driveway requires a variance from Prince George's County zoning regulations because of its layout and non-conforming uses of the left and right side yards. As proposed, the driveway would abut the neighbor's driveway in the left side yard and extend 19 feet to the right side yard in front of the home. It would be wider than the current driveway and include a 4 foot walkway. The owners want to park 1 commercial truck and two large personal vehicles on it. The commercial truck would be parked at the front of the driveway so that it can be moved out easily at all hours without disturbing the neighbors. The owner's job frequently requires him to respond to service calls in the middle of the night.

TA Murphy recommended supporting the owner's request for the variance with respect to the left side yard but suggested that the total driveway width be limited to 17 feet to reduce encroachment on the right side yard. The owner said that he prefers a 19 foot driveway and offered to install shrubs and flower beds to improve appearance. CM Lofgren requested clarifications on the site plan. CM Jewitt said that he is comfortable with the proposed driveway and moved to support the owner's request for a variance provided the right side yard is landscaped. CM Gourley seconded. The motion passed 5 to 0.

At 8:26 p.m., the Council took a 10 minute break.

4. Parks and Recreation (discussed out of order)

Sports Park: Mayor Calvo welcomed Boys and Girls Club officers Tom Reynolds, Kevin Conover and Jim Demino discuss Sports Park. He explained that in recent years the state of maintenance of the Sports Park field has declined and the new concession stand has resulted in additional maintenance responsibilities for the Town. This has raised the issue of whether the memorandum of understanding (MOU) between Park and Planning and the Town regarding Sports Park should be revisited. The MOU provides for the field owned by Park and Planning to be leased to the Town of Berwyn Heights and maintenance to be shared. Mayor Calvo would like to pursue a restructuring of the agreement so as to more clearly define maintenance responsibilities and put in place a schedule.

CM Lofgren said that the MOU was an outgrowth of a very active Men's League, which used the field extensively and performed much of the maintenance work. Generally, however, Park and Planning is the default provider of recreational and zoning services. The Town's recreational services are largely supplemental in nature. The Town might want to look at the assessed tax base and the share paid for Park and Planning as the basis for negotiating better terms for an MOU. There might be a trade-off in control over the usage of the field for getting Park and Planning to take on more maintenance.

Jim Demino said that he and several other Boys and Girls Club parents have taken on maintenance of baseball infield, dragging and raking it on a regular basis. He does not mind doing it, but the infield does need an application of new infield dirt and some way to drain standing water. In response to Mayor Calvo, he said that the Public Works Department so far has not provided additional help with the baseball field. However, the grass gets cut before games.

Tom Reynolds said that the problem may have been that someone other than Director Coleman, who is the point of contact for coordination with Public Works, was approached for help. He continued that from the Boys and Girls Club point of view the two main points are best possible maintenance and retaining control of usage. However, getting Park and Planning to do more maintenance may result in some loss of control. With respect to the baseball infield, a possible solution might be for the Boys and Girls Club to raise money for the dirt and Public Works to apply it.

TA Murphy said that Park and Planning has offered to replace the infield dirt if the Town pays for it. Mayor Calvo thought that the offer should be taken up and the best time for doing the job determined. He further stated that the Public Works budget for the last 2 years has appropriated money to hire an 8^th employee with an expertise in landscaping so as to look after the fields. No qualified person applied, however, and another CDL driver was hired. Training an employee in-house to take a landscaping function might be an alternative. CM Lofgren said that Park and Planning has grounds keeping crews and equipment now to perform these jobs. The Town should strive to get on their maintenance schedule.

Mayor Calvo concluded that the Town needs a system of maintenance that works independent of who is on the Council and in charge of the Boys and Girls Club or at Park and Planning. This requires instituting an annual schedule of maintenance and establishing lines of communication between the right Park and Planning office, Public Works and Boys and Girls Club. It was agreed to pursue the replacement of the baseball infield with Park and Planning and build a regular relationship, while the Boys and Girls Club would draw up a schedule of usage that could serve as the basis for a schedule of maintenance.

2. Administration

Bulletin cover: The following items were approved for the July Bulletin cover: Fourth of July, trash collection changes, National Night Out and Four Cities Meeting.

Bulletin format: CM Gourley proposed to shorten the Bulletin by 1) publishing summaries of minutes and 2) adding a section for military news. CM Dennison commented that she would prefer the minutes' section to remain as is. Seniors often use them as the principle source of information about Town issues. Further, the Bulletin with minutes provides an important historical record of the Town. Mayor Calvo agreed. He said publishing the minutes has been a long-standing practice and may be one of the reasons for the high voter participation in Berwyn Heights as compared to other municipalities. Publication of the minutes separates Berwyn Heights from other Towns who often use their newsletters as political platforms.

In response to CM Lofgren, CM Gourley said that the reason for his proposal is the possibility of saving approximately $1,500 - $1,700 per month in mailing costs. If only 25% of residents read the minutes, it might be cheaper to mail a set of minutes just to these addresses. CM Jewitt said reducing space for community organization pages may be a better option. Mayor Calvo suggested that Department news may also be considered for a shorter format, for example the Police page might publish monthly statistics rather than a press release of every incident. Maintaining a Bulletin with a full set of minutes, on the other hand, does not preclude the publication of a message in honor of military service. That could be approved on a case by case basis.

Employee appreciation lunch: The Council set July 26 as the date for the lunch. The location is to be determined.

Alternate providers of electricity: TA Murphy explained that PEPCO is no longer generating electricity but continues to deliver it and assigns supplier to its customers. Currently, PEPCO's rate is 10.9 cents per kWh for streets lights and 11.89 cents per kWh for other uses. The Baltimore/Washington Chamber of Commerce purchasing cooperative expects to get a favorable bid of between 9 and 10.5 cents per kWh at the impending auction. A potential alternate electricity supplier, Strategic Energy LLC, is offering a rate of 10.9 cents per KWh. TA Murphy suggested waiting until after the auction and to lock in on a rate lower than 10.9 cents per kWh. If it is higher, he would continue to use PEPCO. Mayor Calvo said that he considers a stable rate to be beneficial but would lock in for 3 years rather than 5.

7. Executive Session

On a motion by CM Gourley and second by CM Jewitt, the Council went into executive session regarding a personnel matter.

The meeting was adjourned at

Kerstin Harper, Town Clerk