Town of Berwyn Heights

Town Meeting Minutes

March 14, 2007

The meeting was called to order at 8:00 p.m. Present were Mayor Calvo, Mayor pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Town Administrator Murphy, Chief of Police Murphy, Officer Young, Treasurer Lape, Clerk Harper, as well as Chair of the Education Advisory Committee (EAC) Ann Harris Davidson, Chair of the Historical Committee (BHHC) Cheryl Jewitt, Chair of the Neighborhood Watch/Emergency Preparedness (NW/EP) Mike Attick, Gazette reporter Marcus Ngbea and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Swearing in

Mayor Calvo swore in Police Officer Travis W. Young. Chief Murphy said that Officer Young previously served in Beaver County, Pennsylvania and now lives in Virginia. Mr. Young thanked the Council and Town of Berwyn Heights for being given the opportunity to serve. He is looking forward to working in a small town and getting to meet everyone.

Mayor Calvo thanked Chief Murphy for his efforts in quickly filling vacancies and expressed excitement that the Berwyn Heights police force now has its full complement.

2. Minutes

Clerk Harper read a summary of the February 14 Town meeting minutes. On a motion by CM Gourley and second by CM Dennison, the minutes were approved 5 to 0 with corrections.

3. Treasurer’s Report

Treasurer Lape gave the Treasurer's report for the month of February..

4. Mayor’s Report

Mayor Calvo wished his wife a Happy Birthday. He then gave an overview of this year's budget process. The Council will discuss and modify the proposed budget, that was presented by TA Murphy at the March 5 worksession, until its formal introduction at the April Town meeting. The introduced budget will be fine tuned until its adoption at the May Town meeting. A budget summary will be published in the April Bulletin and residents may contact the Town Office for more in depth budget information. Resident input is welcome.

Mayor Calvo gave an overview of the budget. He said that revenues have come in strong. Real property taxes have seen the largest increase at 13.7% due to rising property values. However, the tax rate has remained unchanged at 48.6 cents per $100 of assessed property value for a number of years. The increase is moderated for owner occupied homes by a Homestead Tax Credit. Other revenues that are increasing include interest and dividend income, demonstrating sound fiscal stewardship. License and permit fees could be raised by the Council. Other revenue sources are mostly flat. The budget also proposes to transfer $102,000 from surplus to purchase public works vehicles and another $50,000 to the operating budget.

On the expenditure side, the operating budget is slated to go up 4.6%, excluding the capital budget. The bulk of the increase is due to the roll up cost from competitive salary increases given in January 2007, a 2.5% Cost of Living Adjustment (COLA) and promotions in the Police Department. Other increases are for the cash purchase of a police car, health insurance premiums and number of smaller items.

The proposed budget also calls for an increase in the real property tax rate of the Public Safety Taxing District of 3.5 cents per $100 of assessed property value and of 5 cents in the personal property tax rate. The additional revenue would fully fund the 8^th police officer who was sworn in tonight. However, Mayor Calvo opposes a PSTD rate increase in the real property tax on top of the 40% increases some businesses face from re-assessments. Further, an $80,000 contribution to the infrastructure improvement fund has been proposed, as well as a $10,000 increase for street maintenance.

In other news, the Council submitted a revised agreement to Commerce Bank, which plans to open a branch at 59th Avenue and Greenbelt Road. The agreement is slated for approval at the April Town meeting and, among other things provides for the closure of 59^th Avenue. However, the authorization for the closure will be considered as a separate resolution tonight. Further, the Washington Suburban Sanitary Commission (WSSC) is in the process of replacing old water mains and sewer pipes along Osage Street, as well as parts of 60^th Street and Place. The project should be completed in September. They have committed to resurfacing the affected streets. The County Zoning Board upheld the Town's opposition to an application for a driveway variance, which the Council suspected was intended for development of an investment property.

5. Department Reports

Administration: CM Gourley reported the receipts of revenues during the month of February. FY 2007 revenues received to date total $1.8 million.The Town sold an old dump truck and trash truck and had the sidewalk in front of the Town Office repaired.

Code Enforcement: MPT Jewitt reported that, with the impending construction season, residents are reminded to get all necessary permits. The Code Enforcement office will gladly answer any questions regarding permits. With spring around the corner, residents are also reminded that grass must be cut before it is 10” tall. Residents switching to satellite TV providers are requested not to install dishes in the Town right of way. With respect to the proposed FY 2008, the Department's main request was for an increase in hours for the part-time code enforcement officer, who monitors activities on weekends and evenings and a code clerk, who follows up on code cases. The increased expenditure might be covered by an increase in the rental license fee. MPT Jewitt concluded with a report on code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that she had a busy month, beginning with a Recreation Council meeting that was attended by most Town organizations and departments and produced a general plan for Berwyn Heights Day. Volunteers are still needed. Teenagers can earn community service hours. CM Dennison continues to work with the Education Advisory Committee on school issues deriving from AIMCO's redevelopment of Springhill Lake and keeps up with events at Berwyn Heights Elementary School (BHES). Third grade teacher Joyce Applebaum won this year's Agnes Meyer Outstanding Teacher award given by the Washington Post. The Historical Committee is finalizing the next historic street marker for Carrington Avenue, now Osage Street, and is procuring stronger posts for the markers to prevent theft.

CM Dennison continued that the Boys & Girls Club launched a fund raising campaign last weekend to finance the construction of a new cinder block shed for the Pontiac Street ball fields. The fund raiser was sponsored by the ReMax Realtor team of Deedee Blizzard, Kristen Buker and Kathy Armstrong. The fund raiser calls for residents and businesses to purchase bricks with their names or motto inscribed that would become part of the shed's facade.

The Parks and Recreation Department proposed budget has new funding for special events, Pop's Park equipment, maintenance of the ball fields at Sports Park and Pontiac Street and various items requested by Town organizations and BHES.

Public Health and Safety: Mayor Calvo highlighted important changes in the Police Department budget. He said that Chief Murphy requested a substantial increase in the Overtime budget to allow more flexibility in scheduling to achieve 24 hour coverage. A large portion of the request was funded in the Town Administrator's proposed budget. However, a request for an increase in the Shift Differential from $1.00 to $1.50 per hour was not funded. Chief Murphy also requested a large increase in his capital budget to finance the purchase of TAZERs. Mayor Calvo has come around to support this acquisition, because TAZERs are now equipped with video and audio recording equipment that would much reduce the liability risk when TAZERs are used.

Chief Murphy gave the police activities report for the previous month. There were 13 Part I offenses, higher than the 5 year average of 10 for this month. Part I offenses for the year to date were 21. Notable incidents included an arrest for driving without a license, which is now a jailable offense, two attempted car thefts in the night of February 22 and a robbery of the X-tra Mart on Greenbelt Road.

Public Works: CM Lofgren recognized resident Neil Gehrels, who heads the SWIFT Satellite Team at NASA/Robert Goddard and was awarded the Bruno Rossi prize for his original work in high-energy astrophysics. CM Lofgren continued that the Public Works Department spent 236 man hours on removing snow and ice resulting from a recent storm at a cost of approximately $4,200. He said that the Town had received bids for an old trash and dump truck, and was informed that they were sold yesterday for a sum of $4,000.

With respect to the the Public Works budget, funding for several big ticket capital items has been requested: a new leaf collection machine, pickup truck, salt spreader and sliding gate for the Public Works yard at a total cost of $106,000. Additionally, the gas and oil and electricity budgets went up due to inflation. Residents are encouraged to attend the budget worksessions to learn more about the funding details.

6. Committee Reports

Education Advisory Committee: Chair of the EAC Ann Harris Davidson noted that this is Women's History Month and announced that Mr. Gehrels' wife, Ellen Williams, was made a member of the National Academy of Sciences last year. She also thanked CM Dennison for her steadfast support on education issues. Ms. Davidson continued that, after last month's elections of officers, John Trangsrud will continue as Secretary, Jeff Knutson agreed to be the Safe Streets Committee representative and PTA Vice President Beth Brittan-Powell the liaison between the EAC and BHES.

Many good things are happening at BHES, the media specialist Irene Tremper secured a $2,500 Best Buy grant for computer equipment and the school has put in place a paper recycling program that earns the school money. The school may be the only Green School in Prince George's County. Lastly, she and Historical Committee Chair Cheryl Jewitt had a productive meeting with BHES Principal Karen Singer about the Farwell Park rededication. The date of the re-dedication ceremony was set for May 14, 2007, 2 to 3 p.m., which was also the date of the initial dedication of Farwell Park.

Historical Committee: Historical Committee (BHHC) Chair Cheryl Jewitt elaborated on the rededication. She said that this ceremony will be more child centered than the original one, which was attended by a number of local and state dignitaries. The students will perform music and an essay contest will be held about how the running of a school 50 years ago might have been different. Ms. Jewitt also reported that the meeting of the Anacostia Trails Heritage Association (ATHA) held in Berwyn Heights was a success and thanked Mayor Calvo and CM Dennison for attending. Lastly, the Committee has been able to finalize the next historic street marker for Carrington Avenue thanks to the extensive research by Ms. Davidson on the Carrington family.

Neighborhood Watch/Emergency Preparedness: Chair of the NW/EP Mike Attick reported that the emergency trailer has been outfitted with shelves and thanked the volunteers who helped:

Eddie Daffron, Jodie Kulpa-Eddy, Carmen Greenwell, Merrill Weinrich and CM Dennison. He said that nobody attended last night's meeting on emergency preparedness training, except one County official. Another date has been set for April 5, which a number of state and local officials are slated to attend. The next regular NW/EP meeting will take place on April 4.

Recreation Council: CM Dennison announced that the Recreation Council made alternate plans for the Berwyn Heights Day concert, in case of rain.

Safe Streets Committee: Mayor Calvo announced that the next Safe Streets Committee meeting will take place on March 15 in the Council chamber. A public hearing on safe streets is scheduled for March 29 at the Town Center. Residents are urged to attend and comment on traffic problems in Berwyn Heights and offer potential solutions.

7. Unfinished Business

There was none.

8. New Business

Resolution 01-2007 Authorizing Closure of 59^th Avenue: Clerk Harper read the Resolution. Mayor Calvo elaborated that the road closure arises from plans by Commerce Bank to open a branch office at Greenbelt Road and 59^th Avenue. An agreement with Commerce Bank, still under negotiation, includes a provision for Commerce Bank to fund the closure. However, the road closure itself would be authorized by the Resolution, which is the last step in a process of public notifications and hearings that have taken place to comply with Council Rule No. 17. The Resolution can thus be approved tonight or introduced tonight and approved at the April Town meeting. Mayor Calvo asked for a motion to introduce the Resolution, with potential adoption at the April Town meeting. CM Gourley so moved. MPT Jewitt seconded.

Gary Vie of Seminole place testified that he opposes the closure of 59^th Avenue. He said that a vote on the issue tonight would be premature because no comprehensive traffic study has been undertaken and the Safe Streets Committee, charged with developing a comprehensive traffic plan, has not yet begun to receive public input. The closure has been justified as a measure to reduce future pass-through traffic resulting from the developments at Greenbelt Metro Station and Springhill Lake but it is not yet known where the impact is likely to occur.

Secondly, Mr. Vie believes that the closure will negatively affect emergency response from fire, medical and police services in Berwyn Heights and on Greenbelt Road. Thirdly, the closure shows disregard for the owner of BP/Amoco station, whose business may suffer because it would be cut off from Berwyn Heights customers using 59^th Avenue to access the station. The owner could decide to sue the Town for damages. Fourthly, Mr.Vie believes that the Town would make a bad trade if it gives Commerce Bank valuable commercial real estate along Greenbelt Road in return for having a turnaround built on 59^th Avenue. The land could be better utilized by building a police station. He also recalled that, when the Town previously tried to close a road, it soon reversed itself. Meanwhile, the closure pitted residents against each other and generated much bad publicity.

Mr. Vie recommended to postpone the closure until a comprehensive traffic has been performed and Berwyn Heights residents, businesses and emergency services have been consulted. He also suggested that the Commerce Bank agreement be published in the April Bulletin as well as an agenda of the Town meeting.

Mayor Calvo asked which land Mr. Vie believes the Town plans to give to Commerce Bank. Mr. Vie said he meant the Town right of way along 59^th Avenue. Mayor Calvo clarified that this land would remain Town right of way, albeit usable only by pedestrians and not cars. In fact, the Bank would give land to the Town when building a turnaround on part of the property it purchased to square off its rear property line. He also said that the Bank has not requested the road closure and would probably prefer not to do it, as it is quite expensive.

Mike Attick of 62^nd Avenue complained about the Resolution having been discussed during the last budget worksession, at which no public comments could be made. He continued that there is no need to rush into the decision to close the road and that it could just as well be made as part of approving the Commerce Bank agreement. Second, while a public hearing was held at the February Town meeting, 3 out of 4 residents speaking on the matter expressed their opposition. However, he feels that the Council's mind was already made up and no consideration was given to the opposition expressed then. Third, while a comprehensive plan is referenced in the Resolution, no such plan has yet been drafted. Forth, the road closure is likely to divert traffic to other Town roads ending at Greenbelt Road, in particular 58^th, 60^th and 62^nd Avenues, and doesn't solve the problem of pass-through traffic. The 59^th Avenue closing sets a bad precedent for residents of these streets to ask for their streets to be closed. Fifth, while Commerce Bank would pay for the installing the barrier and turnaround, the Town would have to pay for the maintenance and removal of the barrier should it need to do so. Finally, Mr. Attick asked who asked Commerce Bank to close the road, if the Bank has no preference on the matter. He asked that the Council postpone the decision until a thorough traffic study has been completed.

Mayor Calvo responded that the idea for closing the road was his and was triggered by Commerce Bank's plans to open a branch office there. He believes the Bank to be a better use of the site than the current businesses. However, there was a possibility that the Bank would generate additional traffic on 59^th Avenue as Bank customers would exit onto this road. He personally notified 59^th Avenue and Tecumseh Street residents of this project and asked for their comments. Many of these residents attended the August and December meetings at which Commerce Bank presented its detailed site plans and expressed support for the road closure.

Currently, 59^th Avenue is often used as a cut-through because it does not have a traffic light at its intersection with Greenbelt Road. Closing the road would make living on it much more pleasant. Mayor Calvo believes that this is the most important reason for the road closure. He would prefer to have the Committee study the 59^th Avenue closure and make recommendations but waiting for this process to be completed would mean losing the funding from Commerce Bank. Their site plan is scheduled for review by the County Planning Board in April. If the Town misses this opportunity to close the road, it would likely not get a well designed barrier nor a turnaround large enough to accommodate Public Works and Fire Department trucks. He regrets the potential negative impact on the business of BP Amoco gas station but believes there are no grounds for a law suit. Mayor Calvo concluded saying that he respects those who disagree with the closure. It is the job of a public official to weigh different options. In this instance, he believes that the benefits outweigh the disadvantages and he is ready to vote on it.

CM Dennison commented that she would like to hear the opinions of a professional traffic analyst and have the input of the Safe Streets Committee before making a decision. She would prefer to make any decision about closing a road in the context of a comprehensive traffic analysis of all streets in Berwyn Heights. At this point in time, she is inclined to vote against the closure.

MPT Jewitt defended the discussion of non-budget items during the last budget worksession he chaired in Mayor Calvo's absence as necessary because these items were time sensitive. One was the 59^th Avenue Resolution that needed to be finalized before this Town meeting. He continued that he takes his job as elected official of the Town of Berwyn Heights very seriously. He makes every effort to study the issues and learn the opinions of residents before making a decision. With respect to the closure of 59^th Avenue, due diligence was exercised by the entire Council. After 3 presentations from Commerce Bank, multiple opportunities for public comment and numerous worksession discussions, he has made up his mind and plans to vote in favor of closing the road.

This does not imply disrespect for those opposed to the closing. Nonetheless, the misconception that the Town traded favors with Commerce Bank to reach an agreement needs to be corrected. The Town had no influence over who bought the property in question. However, the Council agreed that Commerce Bank would be an improvement over the businesses currently operating there. It approached Commerce Bank to find out if it would work with the Town on a number of concerns, including cut-through traffic on 59^th Avenue. Ideally, he would have liked to have made the decision as part of a comprehensive traffic plan. However, the Council did ask for input from the Fire, Police and Public Works Departments, all of which have said that their services would not be substantially hampered by the closure.

CM Lofgren seconded MPT Jewitt's statement. He said in his 22 years on the Council he can't remember an issue that has been discussed at this length. After considering the pros and cons of the issue, the Council is ready to make a decision. If the decision were postponed, funding for the closure would be lost and the project would not implemented. There is nothing that compels the Bank to cooperate with Town. Their business would be in a C-O zone that does not require approval for anything by the Town

CM Gourley said that the Council was duly elected to represent the citizens to the best of their ability. The Council could continue to discuss the road closure indefinitely and still not please everyone. Some action must be taken to curb cut-through traffic because it is certain that the Metroland and Springhill Lake developments will increase congestion all along Greenbelt Road and spill over to adjacent streets. Finally, the matter needs to be concluded because there are other pressing issues that require the Council's attention.

Mayor Calvo said most Councilmembers have developed their positions and are ready to vote. However, the motion on the table is for introduction tonight with adoption at the April Town meeting. He asked if there is a consensus for approving the closure tonight. MPT Jewitt said that he would make such a motion and CM Gourley said he would second. He asked for guidance on how to proceed. Mayor Calvo said that the motion on the table could be amended or tabled, followed by a new motion to introduce and adopt the Resolution tonight.

MPT Jewitt moved to table the original motion. CM Gourley seconded. In a 5 to 0 roll call vote, the original motion was tabled. MPT Jewitt moved to adopt the Resolution authorizing the closure of the 59^th Avenue tonight. CM Gourley seconded. Gary Vie commented that the Council should have stuck with the original motion and approved the Resolution in April. Additional input is needed and the March 29 public hearing of the Safe Streets Committee would be an opportunity to get such input. Approving the Resolution tonight sets a bad precedent for making traffic control decisions without an overall plan or consideration of alternatives. Additionally, other residents may now ask for their street to closed.

Mike Attick commented that he is looking forward to Commerce Bank opening an office here but he is opposed to the closure of 59^th Avenue because it will only displace traffic to other streets and may affect traffic flow on Greenbelt Road in unintended ways.

CM Dennison moved to table the motion. It failed for lack of a second.

Mayor Calvo said that the closure of 59^th Avenue does not preclude the development of a comprehensive plan in the future. Other options were considered and discussed with the Town engineer. MPT Jewitt added that 8 months of deliberations are sufficient to make a well founded decision. He is not likely to change his mind if this process is prolonged and the issue discussed at future meetings. The issue must be brought to a conclusion. CM Lofgren said that he raised a number of the concerns expressed tonight in discussions with the Council 3 or 4 months ago. They are not new; they have been debated and are not likely to change minds if debated again

The motion to approve the Resolution authorizing the closure of 59^th Avenue passed in a 4 to 1 roll call vote with CM Dennison opposed.

9. Citizen comments

Ann Harris Davidson suggested that the agreement with Commerce Bank include a provision requiring the Bank to use Berwyn Heights as it's address so that taxes are paid to this Town and not College Park. This might become a general policy for future agreements the Town makes with other businesses locating to Berwyn Heights. Ms. Davidson then reported that members of the Education Advisory Committee expressed concern about the recycling contractor mixing paper, metal, glass and plastic recyclables together. She asked 1) that the Council check if the collected materials are in fact recycled, and 2) that the Council compare the cost of recycling with the cost of general trash disposal to determine if recycling saves the Town money.

Mayor Calvo said that the Council shares the concerns about the mixing of recyclables. The new contractor, who is also a County contractor, was hired when the Town's previous contractor dropped Berwyn Heights. The Council is considering hiring another contractor when the term of this contract expires. However, he has also heard that recycling contractors often bring recyclables to the landfills if market prices are too low to make recycling worthwhile. The Town is looking into the matter more closely. Ms. Davidson said that Berwyn Heights residents as a whole are good recyclers and want assurance that recyclables are recycled. She noted that Berwyn Heights Elementary School has started a paper recycling program that earns the school money. Residents and the Town may want to look into using that service to recycle paper.

Gary Vie commented that he is disappointed the Council voted to approve the closure of 59^th Avenue. It may make it more difficult to restrict traffic on 60^th Avenue and other outlets when commuters from Springhill Lake and Greenbelt Station developments begin to use Cherrywood Lane and Greenbelt Road. The Council should have looked at the whole picture before it made this decision. Mayor Calvo thanked Mr. Vie for the constructive ideas he put forward and urged him to attend the Safe Streets Committee public hearing so that they can be taken into account when a comprehensive is developed.

CM Lofgren read comments he received by email. Ray Smith of Seminole Place thanked the Public Works Department for a thorough and timely job in clearing the road of snow and ice. Mr. Eley asked which bulk trash he can put at the curb for pickup. CM Lofgren noted that all white goods and air conditioners require a disposal fee of $35 and will be picked up by appointment. Push lawn mowers can be put out in the regular trash.

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

Kerstin Harper, Town Clerk