Town Meeting Minutes

February 14, 2007

The meeting was called to order at 8:00 p.m. Present were Mayor Calvo, MPT Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Town Administrator Murphy, Chief of Police Murphy, Clerk Harper, as well as Chair of the Neighborhood Watch/Emergency Preparedness (NW/EP) Mike Attick, Co-Chair of the Safe Streets Committee Paul Mc Nulty and citizens. Treasurer Lape had an excused absence. 

Mayor Calvo led the Pledge of Allegiance. 

1. Announcement (added item): CM Lofgren announced that the Public Works crew has been working hard to clear the roads in the wake of Monday night's snow and ice storm. He explained that the road clearing has been made difficult by sub-freezing temperatures, at which salt does not efficiently melt the ice. He asked residents to show understanding and patience. 

2. Hearings

59^th Avenue closing (8:07 p.m – 8:25 p.m): Mayor Calvo said that tonight's hearing is the beginning of a formal process to close 59^th Avenue at Greenbelt Road. Residents in a 2 block radius of the site have been duly notified. The road closing has been discussed as part of Commerce Bank's detailed site plan application to open a branch office on Greenbelt Road between 58^th and 59^th Avenue. At previous meetings and in personal conversations, residents of 59^th Avenue have been largely supportive of the closing. Commerce Bank plans to make extensive improvements to the site and has offered to pay for the road closure. The barrier closing the road would be located between the commercial and residential sections on 59^th Avenue and would allow continued access to the BP Amoco gas station and the Bank. On the residential side, 59^th Avenue would end in a 40' hammerhead turnaround. 

Liaquat Memon, owner of the BP Amoco gas station at the corner of 59^th Avenue and Greenbelt Road, said he opposes the road closing because he fears loosing 20% of his business. CM Dennison asked how he arrived at the 20% figure. Mr. Memon replied that he has run this gas station for 15 years and knows that 20% of his customers come down 59^th Avenue. CM Dennison continued asking if his gas station has other entrances. Mr. Memon replied that there are 2 entrances on Greenbelt Road in addition to the 59^th Avenue entrance. MPT Jewitt noted that the 59^th Avenue entrance would not be blocked by the street closure. He also said that he does not remember Mr. Memon opposing the proposed closure at a previous hearing. Mr. Memon replied that he did oppose it. 

Mayor Calvo asked if Mr. Memon has considered the possibility that Commerce Bank would generate new business for his gas station. Mr. Memon said he does not believe this would be the case and that the Town is favoring Commerce Bank over his business. CM Lofgren pointed out that the street closing would not benefit the Bank. Mayor Calvo said that the closing is intended to benefit the residents of 59^th Avenue and others because it reduces pass-through traffic in Town. Mr. Memon said that the Town might consider putting in speed bumps instead. 

Mike Pimenov, who lives on the corner of 59^th Avenue and Tecumseh Street, said that he supports the closing of 59^th Avenue. He has witnessed speeding and near accidents on a regular basis and believes that the road closing would make his street safer. He believes that most 59^th Avenue residents share this view. In response to CM Gourley, he said that there are a number of families with children on the street and these children sometimes play in the street. 

Mike Attick of 62^nd Avenue said that, if 59^th Avenue is closed, he would recommend having the largest possible hammerhead so that emergency vehicles and trash collectors can turn around with ease. He further, suggested the Council consider making 58^th Avenue a 'one-way out' street as an alternative to closing 59^th Avenue. In the past, this was done to reduce pass-through traffic Closing 59^th Avenue would inconvenience many residents. Mayor Calvo encouraged Mr. Attick to share his thoughts with the Safe Street Committee. 

Phil Ventura of 57^th Avenue interrupted with a complaint about the ongoing snow and ice removal effort. Mayor Calvo asked Mr. Ventura to not speak out of order. 

Joan Hayden of Seminole Street opposed the road closing because: 1) it would disrupt existing traffic patterns and may disrupt traffic flow on Greenbelt Road; 2) it would make it harder for emergency vehicles to serve the residents on the street; and 3) a dead end street has its own safety problems, such as vehicles using residential driveways to turn around. 

Mayor Calvo replied that Fire Chief Fusco of the Berwyn Heights Volunteer Fire Department had no objections to the road closing. He noted that a Commerce Bank agreement and road closing will be a subject of discussion at the next worksession. Residents are welcome to offer their input. With no further comments, the hearing was closed. 

Verizon Cable TV Franchise Agreement (8:28 – 8:30 p.m.): Mayor Calvo explained that Ordinance No. 138 adopting the Verizon Cable TV Franchise Agreement was introduced at a Special Town meeting on February 5. The agreement, which is similar to the agreement between the Town and Comcast Cable TV, permits Verizon to use the Town right of way to put in place the infrastructure to offer cable TV, high-speed Internet and telephone services to residents and to pay the Town both a cable TV franchise fee and PEG franchise fee. Mayor Calvo opened the hearing. There were no comments and the hearing was closed. 

3. Minutes

Clerk Harper read a summary of the January Town meeting minutes. Upon a motion by MPT Jewitt and second by CM Dennison, the minutes were approved 5 to 0 with corrections. 

4. Treasurer’s Report

CM Gourley gave the Treasurer's report for the month of January, as Treasurer Lape was absent. 

5. Mayor’s Report

Mayor Calvo reported that last month Council took a stand against AIMCO’s (Apartment Investment and Management Company) Preliminary Plan of Subdivision Plan to redevelop Springhill Lake. This was done in response to the newly elected Prince George's County Board of Education approving a letter expressing its intent to transfer the Springhill Lake Elementary School property to the developer. The letter would allow AIMCO to proceed with the application of the Preliminary Plan of Subdivision without satisfactorily addressing the adequacy of schools and other public facilities. Mayor Calvo stated that the School Board issued the letter upon urging by County Executive Jack Johnson but the transfer, on current terms, would be a disadvantageous to Prince George's Count Public Schools (PGCPS). AIMCO would pay PGCPS $20 million for a new K – 8 school instead of paying $42 million in impact fees for a redeveloped Springhill Lake with doubled density. Additionally, PGCPS would loose the 14 acre elementary school property without receiving any land in return.  

The Council's opposition is threefold: 1) it opposes the approval of the preliminary plan of subdivision filed with the County Planning Board until the adequacy of public facilities is fully addressed; 2) it opposes the transfer of the Springhill Lake Elementary School property unless AIMCO provides another site to build a new elementary school; and 3) it opposes HB 416-07 waiving impact fees on redeveloped housing. 

Mayor Calvo reported further that the Town continues to wait for a formal response from the M-NCPPC Parks and Recreation Department regarding the renovation and maintenance of ball fields. It appears, however, that the restoration of the infield has been scheduled for early March. At a recent worksession, the Council has received a presentation from a representative of the Washington Suburban Sanitary Commission (WSSC) regarding a water and sewer replacement project on Osage Street scheduled for this spring. At the same time, the Council learned that WSSC would cooperate with the Town to properly restore streets after water and sewer pipes have been replaced. The topic of street renovation was also discussed at a recent Four Cities Coalition meeting and useful information was obtained on how this task is handled by Berwyn Heights' neighbors. College Park rates all of its streets on a 1 – 10 scale each year and uses the rating to determine priorities for renovation. 

Mayor Calvo continued that, earlier this month, he attended the Maryland Mayors' Conference in Annapolis, at which Governor O'Malley gave the keynote address. One of the main topics was the FY 2008 budget, which proposes a 6.5% increase in expenditures. While the increases will be covered by transfers from the surplus in FY 2008, the impact in the FY 2009 is a projected $1.24 billion deficit. This is likely to have a negative impact on aid to municipalities. A number of proposals to address the deficit were put forward, including authorizing slot machines, expanding the sales tax base and increasing transfer taxes. This year, highway user revenues are likely to remain close to full funding and police aid may be increased from $1,800 to $2,400 per officer. Also discussed were legislative priorities of the Maryland Municipal League (MML), which include electrical aggregation and authorizing municipalities to purchase and maintain their street lights. 

Lastly, Mayor Calvo reported that the Council, at its last worksession, received budget requests from the Departments of Public Health and Safety and Parks and Recreation, as well the Neighborhood Watch/Emergency Preparedness Committee. The budget presentations will continue at the next worksession with the Departments of Code Enforcement and Public Works and on March 5 with the Town Administrators draft budget. Public participation is encouraged. 

6. Department Reports

Administration: CM Gourley reviewed the FY 2007 revenues received by the Town to date and issued several reminders: Residents who have not received the current Bulletin may pick one up at the Town office. The Bulletin publishes PEPCO telephone numbers that can be called in case of a power outage. Steering wheel locks are available at the Town office and the Police station. Residents are encouraged to leave their porch lights on to deter crime. 

Code Enforcement: MPT Jewitt reported that the Code Department with the help of the Public Works Department carried out 2 abatements and identified 2 new rental properties. Residents were reminded that after a snowstorm they are obligated to clear sidewalks in front of their homes. He concluded with a report on code violations during the last month. 

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that she and several Historical Committee members attended an Anacostia Trails Heritage Association (ATHA) meeting at the Calvert House, at which the Committee received a mini grant. The grant will be used for a colored walking tour brochure and this year's historical street marker. She, Mayor Calvo and Education Advisory Committee (EAC) Chair Ann Harris Davidson testified at a recent School Board hearing against plans to transfer the existing Springhill Lake Elementary School property to AIMCO.  At Berwyn Heights Elementary School (BHES), the student population stands at 424, which is slightly over capacity. The EAC held elections at its last meeting, at which Ms. Davidson was re-elected as Chair, Mel Tremper and Jeff Knutson as Co-Vice Chairs and John Trangsrud as Secretary. The Recreation Council had a well attended organizational meeting for Berwyn Heights Day. It was decided that the festivities will end somewhat sooner and that more events will take place at Sports Park.  

CM Dennison informed residents that as part of her budget request she has asked for funds to help the Boys & Girls Club build a new shed at the Pontiac Street fields. The Club will begin raising funds for the shed with a March 10 dinner. Lastly, CM Dennison corrected a previous announcement: The winner of the Best Decorated House was the owner of 8717 63^rd Avenue. 

Public Health and Safety: Chief Murphy gave the police activities report for the previous month. Serious crime was at a low with 8 Part I offenses comparing favorably to last years January number of 12 and a 5-year average of 9 Part I offenses.  In response to Mayor Calvo, Chief Murphy noted that Prince George's County Police today requested assistance in detaining a group of men who had attempted to rob some University of Maryland students and then fled towards Berwyn Heights. With assistance from Berwyn Heights, Greenbelt and University of Maryland police, the suspects were detained at Greenbelt Road and 58^th Avenue and taken into custody. 

Public Works: CM Lofgren reported that Director Coleman has been in close touch with the Council during the cleanup of ice and snow from a recent storm. The Public Works crew worked diligently to spread 38 tons salt, 1,050 pounds of ice melt and 60 pounds of sand. They hand-cleared areas around the Town Center, the Berwyn Road pedestrian bridge and the back entrance of Berwyn Heights Elementary School. Low temperatures and a shortage of salt hampered the cleanup. 

7. Committee Reports

Education Advisory Committee:  CM Dennison reported that, in addition to the election of officers, a number of topics were discussed at the last meeting, ranging from PGCPS CEO Deasy's school improvement initiatives to the state of affairs at BHES. Chair Davidson would like to receive regular updates from the BHES-PTA either from a liaison that attends the EAC meetings or from minutes of PTA meetings. 

Historical Committee: CM Dennison read a report provided by BHHC Chair Cheryl Jewitt. It highlighted the award of an ATHA grant, an article on the Berwyn Heights Bus Tour published in the current ATHA newsletter and the hosting of the next ATHA meeting by the BHHC. 

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick reported that he is in the process of organizing emergency preparedness training for residents in the form of a mini-CERT (Community Emergency Response Team) class. He checked out the emergency trailer for any damage from the ice. On March 3, NW/EP has scheduled a trailer maintenance session. Volunteers are welcome to stop by and help. The next meeting is on March 7, 7:30 p.m. 

In response to questions, Mr. Attick said that the mini-CERT class does not fulfill the NIMS training requirement for Councilmembers. However, the mini classes can be applied toward an official CERT qualification. An initiative is underway to certify high school and university students in emergency response. The training can be counted as community service hours. 

Recreation Council: Reported under CM Dennison's Department report. 

Safe Streets Committee: Co-Chair Paul McNulty reported that the Committee had a good first meeting at which the members brainstormed ideas. The Committee plans to hold 3 public hearings during its tenure at which ideas and possible solutions will be vetted with the public. Public input is welcome and needed and may be given to the Committee in writing or at meetings. Meetings take place on the 3^rd Thursday of the month at 7 p.m. While regular meetings will not normally be televised, public hearings will be. 

8. Unfinished Business

Ordinance No. 138 – Second Reading and Adoption of Verizon Agreement: Clerk Harper read the Ordinance. MPT Jewitt moved to adopt the Ordinance. CM Gourley seconded. CM Gourley remarked that the adoption of the agreement allows Verizon to offer cable TV and broadband services in Berwyn Heights giving residents another option besides Comcast. The competition may also drive down rates for these services. 

Joan Hayden of Seminole Street asked when residents can expect Verizon services to become available. Mayor Calvo said that the time line depends on Verizon, but they move fast once given permission to install infrastructure. 

With no further comments, Ordinance No. 138 was adopted in a 5 to 0 vote. 

9. New Business

There was none. 

10. Citizens Discussion

Paul McNulty addressing CM Lofgren asked why Edmonston Road was cleared on the College Park side but not on in Berwyn Heights. CM Lofgren said that he doesn't know; he cannot speak for what other Towns are doing. Possibly they are using different equipment and salt mix. 

Mr. McNulty continued that the Council should consider keeping the tax rate at the current level, rather than lowering it to offset the sharp rise in property values. He believes the additional revenues could be put to good use by setting them aside for road repairs. His in-laws commented that Berwyn Heights looks a little more run down than during former visits. Asked for specifics, he said that the roads appear to be in worse shape due to many patches and yards less well maintained. CM Gourley commented that he tried on several occasions to recruit volunteers to plant trees and flowers but did not get a good response. 

Mike Attick of 62^nd Avenue said that middle and high school students can earn community service hours by helping with the reorganization of the trailer on March 3. He continued with comments on the snow removal effort. He said that College Park cut off the supply of salt to Berwyn Heights because they needed it themselves, which made clearing the roads more difficult. In general, snow removal is a science that requires the right equipment, sufficient supplies of salt and sand as well as proper timing. Snow clearing teams in the Washington area are not very experienced as snow and ice storms are a relative rarity. The crews do the best they can and residents should be considerate. 

Joan Hayden commented that 56^th Avenue has not been plowed by the Public Works crew. She then asked why the Historical Committee is not researching the Town's history apart from homes and streets. Many old residents know more about the Town's history than what is captured in brochures or plaques. She was informed that the Historical Committee is running an oral history project in which long time residents are interviewed. Any residents who wish to contribute their personal knowledge of the Town's history is always welcome to get in touch with the Historical Committee. MPT Jewitt noted that the BHHC has recently run a successful bus tour and each year is installing street markers, which inform about the important residents after which former streets were named. 

Ms. Hayden asked what the Town is getting out of pushing Commerce Bank to locate in Berwyn Heights. Mayor Calvo replied that the Town Council is not pushing the Bank to locate here. The owner of the property at Greenbelt Road and 58^th Avenue sold the property to Commerce Bank. The Council is evaluating the plans for the proposed Bank. Personally, he believes that the Bank would be a better use of the property than the businesses that are currently there. The Bank promises to be a quieter, cleaner and more responsive neighbor. MPT Jewitt agreed noting that the Town has no economic development department and has none or little influence over what businesses decide to locate here. 

Ms. Hayden followed up asking if the Council has thought about whether the bank would attract criminals that may roam through the Town. Mayor Calvo replied that safety is always a concern, but crimes have occurred at the video store that is presently there. One safety feature requested by the Town and agreed to by the Bank is bright lighting.

Wishing to speak as a citizen, CM Gourley commented that the Public Works crew did a good job clearing the Town streets under difficult circumstances. 

The meeting was adjourned at 10:04 p.m.

Kerstin Harper, Town Clerk

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