Worksession Minutes

 July 24, 2006

The meeting was called to order at 7:05 p.m. Present were Mayor Calvo, CMs Dennison, Gourley, Jewitt and Lofgren. Also present were Town Administrator Murphy, Clerk Harper and citizens.

1. Mayor

Agenda changes: Metroland update and Council chamber furniture were added to the agenda.

Announcements: On September 11, a memorial will be dedicated at the Bladensburg Waterfront Park to remember those Prince Georgians who died in the 2001 terrorist attacks.

Calendar: The presentation on a proposed Commerce Bank branch for the August 21 worksession needs to be confirmed or postponed to September. The date for the Ice Cream Social was set for September 15, 7:00 p.m. The date for the Historical Committee bus tour was set for October 15.

Minutes: The Council reviewed the minutes. On a motion by CM Dennison and second by CM Jewitt, the July 10 worksession minutes were approved 5 to 0. On a motion by CM Gourley and second by CM Jewitt, the June 19 worksession minutes were approved 5 to 0 with corrections. The July 12 Town meeting minutes were reviewed for approval at the August Town meeting.

Department reports: Mayor Calvo reported that Officer Matthew Van Dyke tendered his resignation effective August 8. He accepted a Corporal's position in Edmonston. CM Jewitt reported that part-time Code Enforcement Officer Lorna Dorland resigned. The Department will operate with existing staff until a new employee is found. CM Dennison reported that she has been in touch with the Seniors regarding the Ice Cream Social, with Historical Committee regarding the Berwyn Heights bus tour. She also talked with the Chair of the Education Advisory Committee (EAC), Ann Harris-Davidson, about calling an August meeting to discuss the upcoming Prince George's County school board elections, among other things. CM Lofgren reported that Public Works employee George McConnell resigned and that a CDL driver, funded in the FY 2007 budget, was hired. Director Coleman is still in the process of soliciting bids for a new trash truck. Most are in the $130,000 - $140,000 range. Mayor Calvo said that Bowie's orders 3 trash trucks per year and suggested that Public Works explore piggybacking onto its bid. CM Gourley announced that a shed at the Town Center needs repairs. Town residents with carpentry skills are encouraged to contact the Town Office.

Citizens comments: CM Dennison received comments about the recent flooding of basements along 56^th Avenue and Seminole Street and a question about a shooting on Natasha Drive. CM Jewitt confirmed that a shooting took place and that Berwyn Heights police arrested a suspect. A loaded gun found on the school property is thought to be connected with the shooting. Further, CM Jewitt received a comment regarding the perceived uneven enforcement of clean lot regulations, which led to a drive around Town to compare properties on their state of upkeep. He and the resident identified 12 properties that should likely receive a warning. Another comment pertained to the reports of code statistics in the Bulletin and at Town meetings, which might be improved by including compliance rates.

CM Lofgren received comments regarding the disposal of yard debris, in particular downed branches after storms. The Town may need to clarify that branches must be cut down to a 4' length so that they fit in the packer of the truck when issuing a violation. Mayor Calvo added that residents often reference Hurricane Isabel, during which some regulations were waived, when they complain about the removal of yard waste.

Mayor Calvo received a comment about the delay in refunding a rental license fee. The refund was authorized in April when the rental home was declared unfit for habitation. He further noted that several rental homes with a track record of complaints on Seminole Street, Edmonston Road and 63^rd Avenue have been vacated and two of them sold to families with children. More illegal election signs have been put up in the Greenbelt Road right of way and around Town. The Code Department has talked to the owners of Staples property who have not authorized the signs. Mayor Calvo has made complaints to the candidates in question without result. He plans to propose regulating signs as part of a commercial clean lot ordinance to be introduced later this year.

Mike Attick of 62^nd Avenue asked if the properties identified during CM Jewitt's drive around Town received high grass violations. CM Jewitt replied they did not as he was not on official business. Carmen Greenwell of Ruatan Street asked why Council meetings cannot be started when a quorum is present rather than when the Mayor arrives. There have been a number of meetings when citizens present and watching at home have been inconvenienced by delays of 15 minutes or more. Mayor Calvo replied that meetings start when called to order by the Mayor. Opening a meeting is the prerogative of the Mayor or the Councilmember designated to chair the meeting. As a citizen Council, Councilmembers will sometimes be delayed by professional obligations arising from their day jobs. He apologized to those who are inconvenienced but asked for understanding. CM Dennison said she believes that, legally, a meeting can be started when there is a quorum but suggested this be confirmed with the Maryland Municipal League (MML) or Town Attorney.

Kenilworth Avenue widening: CM Jewitt, who chaired the July 20 Four Cities meeting in the Mayor's absence, gave an update. Steve Foster and two other representatives of the State Highway Administration's (SHA) regional planning office briefed the assembled on the planned widening of Kenilworth Avenue in connection with the M-Square Development at the College Park Metro. However, apart from the specific square footage in development construction that triggers certain improvements of access roads, no technical data or site plans were provided. Nor could SHA representatives say definitively if the widening would take only in the median strip to accommodate third lanes or include a part of the buffer zone along Edmonston Road. Berwyn Heights made known its preference not to have the buffer zone reduced. SHA representatives went on to share information about other highway improvement projects of interest, including Route 1 improvements, the Terrapin Parkway, the I-95 interchange with the Metroland connector and the ICC interchange.

TA Murphy commented that SHA was unaware that groundbreaking for a fourth building complex at M-Square had already taken place. As a matter of course, the SHA does not initiate road improvements on its own, but responds to notification about developments and square footage under construction. CM Dennison asked how Berwyn Heights can stay informed about the project so as to be able to give timely input. Mayor Calvo thought that Berwyn Heights should keep in touch with the College Park Planning Office, which is likely to have the most up-to-date information.

Election Ordinance amendments: Mayor Calvo explained that several issues emerged during the recent Town Council election that may need to be addressed. This may include changing election procedures set down in Election Ordinance No. 109. The issues include pay raises for election judges, the placement of election signs, registration procedures, provisional balloting, Spanish translation and the absence of a paper trail for electronic voting machines, among others. Councilmembers were asked for their input to begin discussions.

CM Gourley said that the Council already raised the compensation for election judges. Therefore, fees set down in the Ordinance need to be amended. CM Jewitt said that the provisions regarding placement of election signs in the Town right-of-way are open to different interpretations and should be clarified. Property owners often look at the Town right-of-way as an extension of their property. They have an interest in its appearance and whether and where signs can be posted. CM Lofgren noted that property owners certainly have responsibilities regarding the right-of-way, such as snow removal. Also, the actual property line varies from property to property and it makes sense to set a width for the right-of-way and apply it uniformly.

Mayor Calvo said that signs should not be posted right at the curb, but set back at least one foot, as specified in the Ordinance. On the other hand, posting a sign 10 feet behind the curb can make it hard to see. A balance needs to be struck. Another provision that may need to be reviewed is the requirement that Council candidates need 5 resident signatures to file a petition of nomination. CM Jewitt questioned the need for financial disclosure but was assured that it is required by State law. CM Dennison registered her concern about the lack of a paper trail with electronic voting.

Clerk Harper said that the Election Ordinance primarily deals with the responsibilities of the election judges and is often not clear about the processes taking place at the Town office, such as supplemental registration, absentee ballot applications and other aspects of election preparation. Further, the Ordinance is probably too detailed with respect to the listing of supplies for the polling place. Mayor Calvo asked Councilmembers to review the Ordinance for possible changes to be discussed at future meetings.

Metroland update: Mayor Calvo said that CM Dennison had requested an update because the Planning Board is believed to be holding a hearing on Metroland site plans today. TA Murphy said that the background document in Councilmembers' packet contains a letter of protest by Greenbelt pertaining to changes in the conceptual site plan for the north core of the Metroland development. The changes were negotiated by County Councilmember Tom Dernoga and approved by the District Council without Greenbelt's knowledge. CM Jewitt added that the changes violate prior covenants between the city and the developers with respect to density and movie theaters. CM Dennison said that the background document has provisions applying to Berwyn Heights, such as sidewalks on Branchville Road and preservation of wetlands. This suggests that the Town needs to keep track of changes. Mayor Calvo said that Berwyn Heights has its own agreement with the developer. TA Murphy was asked to monitor the planning process to make sure that maximum number of residential units in the south core is not exceeded.

2. Parks and Recreation

BHES grass cutting: CM Dennison said she has been concerned about the maintenance of the school grounds and believes that all parties involved ought to come to an understanding of what their maintenance responsibilities are. Such an agreement should be in writing and accompanied by a map outlining the respective areas. TA Murphy explained that currently Prince George's County Public Schools (PGCPS) are responsible for the grassy slope between the back parking lot and 60^th Avenue going around to the back entrance on Quebec Street and to the playground, as well as for the grassy areas at the front entrance of the school. Parks and Planning is only responsible for a narrow perimeter around the gymnasium and Berwyn Heights for the ball fields and the perimeter outside the fence of the grounds.

Mayor Calvo said that he believes that the school-based custodians are responsible for mowing rather than the facilities maintenance department of the school system. The school crew may not have the right equipment to cut the grassy slopes. TA Murphy added that there is an operations maintenance department, which oversees the school custodians. They say that custodians are responsible for cutting the grass. CM Jewitt noted that the last time Berwyn Heights wanted to cut the fields, the school system crew was in the process of doing that.

Mayor Calvo said that he has arranged for a meeting with the new Chair of the Planning Board, Sam Parker, with whom he will raise these issues. CM Lofgren explained that Park and Planning agency is, in fact, the park department for Berwyn Heights and should maintain the park facilities, including the playground and Sports Park. However, they are not pleased that Berwyn Heights has the right to program these facilities. He suggested that the maintenance issues might be resolved if programming control were given back to Park and Planning. The only disadvantage may be that more games would likely be played at Sports Park.

Mayor Calvo said the Berwyn Heights Boys and Girls Club representatives confirmed that they want to keep control over what games are played at Sports Park at the June 19 worksession. He does not want to revisit that decision.

3. Public Safety

No items were discussed.

4. Public Works

No items were discussed.

5. Administration

Bulletin cover: The Council agreed to put the following items on the Bulletin cover: National Night Out, Back-to-school and Ice Cream Social.

Council chamber furniture: CM Gourley said that he is planning to purchase new chairs for the Council chamber as a first step to improving its appearance. The money would be taken from the Municipal Building budget. Mayor Calvo thought that the improvement of the Council Chamber is a matter for the entire Council to decide rather than only the Administration Department. Further, there should be an overall plan for redesigning the entire room. New chairs should fit into that design concept. Other aspects of the room's redesign should address the functionality of the broadcasting equipment and the possible integration of historical materials.

CM Gourley replied that he simply wanted to get the process of updating the Council chamber started to make it look more presentable. Mayor Calvo agreed, in principle, that improvements are needed but that there should be a plan. Further, there are other more important priorities, such as street renovations and employee salaries and benefits that need to be addressed. The Council agreed.

6.  Code Enforcement

No items were discussed.

7. Executive session

On a motion by CM Gourley and second by CM Jewitt, the Council went into executive session regarding a specific personal matter. As a result of discussions, the Council authorized staff to advertise for the part-time code enforcement officer position. CM Gourley moved to close the executive session, seconded by CM Dennison.

The meeting was adjourned at 11:10 p.m.

Kerstin Harper, Town Clerk

 
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