Worksession Minutes

 August 21, 2006

The meeting was called to order at 7:06 p.m. Present were Mayor Calvo, CMs Gourley, Jewitt and Lofgren. CM Dennison had an excused absence. Also present were Town Administrator Murphy, Clerk Harper, representatives of Commerce Bank, Attorney Dan Lynch and Mack Gather and citizens.

1. Mayor

Agenda changes: Bulletin cover was added to the agenda.

Announcements: Today was the first day of school for Prince George's County Public School (PGCPS) students, who are the first among surrounding school districts to return. Tomorrow at 6:30 p.m., the Berwyn Heigths Elementary School (BHES) PTA will host a Hello Huskies back to school picnic. The Town Council has been invited.

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

Minutes: The Council reviewed the August 7 worksession minutes. On a motion by CM Gourley and second by CM Jewitt, the minutes were approved 4 to 0 with corrections.

Department Reports: Mayor Calvo reported that a school system maintenance crew has cut the overgrown grassy slopes around the tennis and basketball courts at the back of the school after he made a number of telephone calls to various PGCPS offices. PGCPS Director of Maintenance Larry Pauling was made to understand that the grounds were turned over to the school system when Berwyn Heights reopened and that it is their responsibility to maintain the grounds. Mayor Calvo has requested a written confirmation that PGCPS owns the land and a commitment to maintain it. Ideally, the areas in question should probably be planted with a ground cover. CM Lofgren advised against this as grass is easier to maintain. Also, the how-to of maintenance should be left to the owner.

Mayor Calvo further reported that the Council received a letter from the Prince George's County Police apologizing for not notifying Berwyn Heights Police of a June bomb threat to a Berwyn Heights abortion clinic. Chief Murphy was satisfied with the apology.

CM Lofgren reported that the Public Works crew has begun cleaning up the 60th Avenue walking path bordering the west side of the school. The path needs some repairs and steps added. Director Coleman has received three bids for a crew cabin dump truck, which will be forwarded to the Council in the near future.

CM Jewitt reported that several applications for the vacant part time Code Enforcement Officer position have been received and are being reviewed. Director Solomon e-mailed her weekly update, which highlights an abatement on Charlton Avenue and a fine for failure to register a rental home on Edmonston Avenue.

Mayor Calvo reported for CM Dennison that the annual Ice Cream Social will be held on September 15 at the Town Center. Pertaining to Public Health and Safety, he noted that a Pontiac Street resident died last week from complications with diabetes. Chief Murphy is narrowing down the candidates for the vacant police officer position and hopes to have it filled in the near future.

Citizen comments: Mayor Calvo received an inquiry about a construction permit for a residence, complaints about an unkempt Ruatan Street property, election signs cluttering the Staples/Blockbuster property and graffiti on an SHA pole at the corner of Greenbelt Road and Edmonston Road.

CM Lofgren related that Public Works wants to publish the yard waste disposal regulations of the Prince George's yard waste disposal site. Their regulations must be followed regardless of Berwyn Heights rules and ordinances.

Commerce Bank presentation: Mayor Calvo welcomed Attorney Dan Lynch and Mack Gather to present plans for a Commerce Bank branch on the 5800 block of Greenbelt Road as well as residents who would live near the proposed project. Plans include acquiring a residential property at 5916 59th Avenue to square off the rear property line of the bank and associated rezoning process. In addition, the Town is considering closing 59th Avenue and creating a cul-de-sac between the residential and commercial district. The Council will seek residents' input on this after the presentation.

Dan Lynch explained that Commerce Bank is expanding into the Washington Metropolitan area and has identified the Greenbelt Road site as a promising location for a branch office. The bank would have 3 drive-through tellers in the rear of the building. The site would be entered from 58th Avenue and exited on 59th Avenue. Parking is in the front. With the exception of the entrance and exit, the property would be surrounded with a landscaped border: in the rear with a 15' – 30 ' buffer and 6' fence; in the front and sides with a 4' buffer and 3' retaining wall. A new sidewalk along the front of the property would be set back from Greenbelt Road with a landscaped green strip. The building itself has a brick and glass facade, cathedral callings and a mural depicting an object of local significance to make it attractive and inviting. Commerce Bank strives to be consumer-oriented and a friendly neighbor supportive of the community in which it operates. At this juncture, the Bank has filed for a pre-review. When the details have been worked out with community input, the plans will be filed with Parks and Planning for detailed site plan approval.

In response to Councilmembers questions, Mr. Lynch explained that a landscaped green strip surrounds the property on all sides with exception of the access points. The 59th Street residential property is needed to square off the Commerce Bank property and allow for a smooth traffic flow through the teller windows. The rezoning of the residential property will be less rigorous than normal as the site is in a Metro Transit Zone. The drive trough teller lanes can accommodate 9 cars at one time, which is expected to be sufficient not to cause backups onto 58th Avenue. If necessary, a change in the timing of the traffic light at 58th Avenue and Greenbelt Road can be negotiated with the State Highway Administration (SHA). A Commerce Bank traffic analyst is working on a study projecting the traffic impact of the Bank.

Mack Gather said that Commerce Bank was recently rated the #1 consumer bank by Consumer Reports. It is a retail-oriented bank that stresses customer convenience. The bank is open 7 days a week until 8 p.m., which reduces rush times before the weekend by spreading out the use time.

Dan Lynch said that the developer's traffic study can be made to include the 60th Avenue intersection. The fence currently planned for the rear of the property is a 6' board-on-board fence but a longer-lasting barrier would be considered. A Commerce Bank manager has authority to address these types of issues raised by the community. Placement of trash cans can also be authorized by the branch manager. With respect to lighting, the Bank will follow Park and Planning sector plan requirements. Plans call for standard box lights to light the grounds after dark and the building to be illuminated internally. Similarly, sector plan requirements will be followed with respect to sidewalks. Current plans show tree pits between the sidewalk and Greenbelt Road; grass strips could be added.

Mayor Calvo asked if the developer would agree to help with a possible closing of 59th Avenue to stop cut-through traffic. Mr. Lynch replied that Commerce Bank would work with the Town to provide what is needed, including a hammerhead turn-around.

Mayor Calvo invited residents to comment on the project. V.J. Kaikhanis of Tecumseh Street asked 1) if the Commerce Bank rear property line lines up with that of the BP gas station and 2) whether there are provisions for traffic backing up on 58th Avenue when turning left onto Bank property. Mr. Lynch replied that the rear property lines line up. Second, the site is designed to prevent backups because they would conflict with the goal of making the Bank as convenient as possible. Mr. Gather added that each teller lane has two windows, which translates into 6 customers that can be served simultaneously, plus one escape lane for customers that do not want to wait in line. Traffic impact studies are based on the worst-case scenario, i.e. rush hour.

Lequat Memon, who owns the BP gas station at 59th Avenue and Greenbelt Road, asked if customers can enter the Bank site from 59th Avenue, including from the gas station. Mayor Calvo said they could. Carol McClary of 59th Avenue noted that Commerce Bank would be the 9th bank along Greenbelt Road. Kirk Weems of 59th Avenue asked 1) if the Bank would give hiring preference to locals; 2) whether the Bank plans to make contributions to the community; and 3) whether the 6' fence is sufficient to screen out the microphones of the drive-through tellers. Mr. Lynch said that Commerce Bank has a policy of hiring people who live nearby; that it seeks to support the community through various contributions and programs and that a different kind of fence in back of the Bank will be explored.

Mary Smith of 59th Avenue asked by what authority the residential home bordering the Bank property can be taken. Mr. Lynch said that the home would not be taken but purchased from the owner. She continued that traffic backups regularly occur on 58th Avenue due to cars waiting at the light to get onto Greenbelt Road. This may make it difficult for customers to turn left onto the Bank property. Mr. Lynch said that this will be looked into. Another option is for customers to enter from 59th Avenue.

Aldo and Jennifer Zambrana of 58th Avenue said that access into the Bank may be problematic because drivers often speed down 58th Avenue to make the green light onto Greenbelt Road. This makes it difficult to back out of their driveway and is dangerous for their children. The Zambranas expressed interest in a good screen between the proposed Bank and their house to prevent trash from being dropped into their yard and people wandering onto their property. Mr. Lynch said that the Bank will work with neighbors to solve these problems. Cleanliness is a high priority with Commerce Bank. There will be no dumpster on site. All trash is stored internally and removed every day by a contractor that also maintains the grounds. ATMs are cleaned 5 times a day.

CM Jewitt thanked residents, who would be prospective neighbors of the Bank, for coming to the meeting and voicing their concerns. The Town intends to work closely with them to ensure that their interests are observed and negative impacts minimized. He believes that the Commerce Bank project has potential to improve one of the gateways into Berwyn Heights.

Mayor Calvo added that the Town is considering adoption of a commercial clean lot ordinance that would give the Town the ability to enforce clean lot standards applying specifically to businesses. Similarly, the Town intends to incorporate residents' concerns into a formal agreement between the Town and the Bank so that it can be held accountable.

TA Murphy asked if the entrance to the Bank could be placed on 59th Avenue and the exit on 58th. Mr. Gather said that would put the drive-through tellers onto the passenger side of the car and wouldn't work.

Mike Attick of 62nd Avenue asked 1) if sidewalks would be built along the Bank property on 58th and 59th Avenue; and 2) why Commerce Bank was turned down by College Park. Mr. Lynch said that sidewalks are planned and that plans for a College Park branch have been approved by Parks and Planning. Mr. Attick further suggested that no left turns be allowed from the Bank property onto 59th Avenue and that the demolition of the house to become part of the Bank property be given to the Berwyn Heights Fire Department for fire fighting practice.

Mayor Calvo told the residents present that they can sign up with the County to become a party of interest to the proposed development so that they would be notified of all the steps in the approval process. He further proposed for Bank representatives to attend the October 11 Town meeting for a presentation. Mr. Lynch agreed.

At 9:05 p.m., the Council took a 15 minute break.

Mayor Calvo asked residents for their initial reaction to closing off 59th Avenue and building a cul-de-sac on the residential side. While this is only the beginning of the planning process, he would be inclined to respect their regarding the closing of the street. Residents were supportive of a cul-de-sac contingent on details yet to be worked out.

CM Gourley wondered if fire trucks could turn around if they had to respond to a call on 59th Avenue. Mayor Calvo said that this is one of issues that must still be worked out. However, trash trucks currently manage to service the 56th Avenue dead end. CM Lofgren said that there are some technical land use problems associated with closing streets that were encountered by previous Councils. These should be discussed in a closed session before going forward. He thanked Mr. Lynch and Mr. Gather for their presentation and said most residents would prefer Commerce Bank to other businesses as a neighbor.

MML fall legislative conference: Mayor Calvo, CMs Gourley, Jewitt and Lofgren as well as Clerk Harper plan to attend the Maryland Municipal League fall conference.

2. Public Safety

1993 Crown Victoria cruiser disposal: Mayor Calvo explained that Chief Murphy recommended disposing of the 1993 police cruiser but needs the Council's approval. The Council adopted a policy on disposing police cars which allows for selling them to another municipality for use as a police car or to a refurbishing business. CM Lofgren moved to dispose of the cruiser in accordance with the policy. CM Jewitt seconded. The motion passed 4 to 0.

Rabid animal notification: Mayor Calvo said that the Code Enforcement Director confirmed that a rabid animal was taken from Berwyn Heights by the County Animal Control Division as raised by a resident at the last Town meeting. The question is how to notify the public and tell them what to do if they suspect a problem.

CM Jewitt said that the Code Enforcement Department is working with the County's Health Department and Animal Control Division to establish the protocol for notifying the Town when a rabid animal is found and procedures residents should follow. Director Solomon has furnished the Council with a packet of background material that includes contact information and sample notifications. He is not sure if a notification for Berwyn Heights residents following this particular incident has been produced.

Mayor Calvo said he is is pleased with the information provided and lines of communications established with the County. Additionally, he would like a notice in the next Bulletin informing residents that a dead animal was found in Town that tested positive for rabies. However, there are no reports of any bites or direct contact with people or other animals in Berwyn Heights. CMGourley suggested that the Bulletin should simply refer residents to the Town Office for informational pamphlets on rabid animals procedures. Mayor Calvo said that pamphlets have been placed in the Town Office and will be available on a permanent basis.

3. Public Works

No items were discussed.

4. Administration

Bulletin Cover: The following items were approved for the September Bulletin Cover: Primary Election Day announcement with description of polling place, Ice Cream Social, Town Office closing on Labor Day and associated changes in trash collection. Additionally, information on voting procedures for the Board of Education will be published inside the Bulletin.

CM Lofgren submitted a sample page of “Talking Trash” for the September Bulletin issue. It explains rules and regulations at yard waste disposal sites in Prince George's County. Some of these rules conflict with provisions of Berwyn Heights ordinances. A review of the Refuse Collection Ordinance may be needed at some point.

5. Code Enforcement

No items were discussed.

6. Parks and Recreation

PTA month proclamation: Mayor Calvo said that he would like to issue a proclamation on behalf of the Council to celebrate September as PTA month at Berwyn Heights Elementary school's “Hello Huskies” back to school picnic. On a motion by CM Gourley and second by CM Jewitt, the proposed proclamation was adopted.

The meeting was adjourned at 9:50 p.m.

 
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