Town of Berwyn Heights

Worksession Minutes

March 19, 2007

The meeting was called to order at 7:02 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Jewitt, CMs Dennison and Gourley. CM Lofgren had an excused absence. Also present were Town Administrator Murphy, Clerk Harper, Chair of the Education Advisory Committee (EAC) Ann Harris Davidson, Chair of the Historical Committee (BHHC) Cheryl Jewitt, Boys & Girls Club Representatives James Wilkinson and Chris Brittan Powell, and citizens.

1. Mayor

Announcements: CM Dennison and EAC Chair Ann Harris Davidson attended an AIMCO open house on the Springhill Lake development prior to the meeting.

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

Minutes: On a motion by CM Dennison and second by MPT Jewitt, the February 20 worksession minutes were approved 4 to 0 with corrections. On a motion by CM Gourley and second by CM Dennison, the March 5 worksession minutes were approved 4 to 0 with corrections.

Department reports: Mayor Calvo reported that the Police Department received a $9,000 grant for overtime in traffic enforcement. The money can be used to pay for officer benefits as well as vehicle maintenance and gas expenditures. CM Gourley reported that he is soliciting proposals for a backup generator in the Town Office as well as for new carpeting. CM Dennison reported that she and the Recreation Council continue to work on Berwyn Heights Day.

Citizen comments: Mayor Calvo received a positive comment about off-road parking during snow clearing operations. Ann Harris Davidson said that the Berwyn Heights Elementary School (BHES) has set up paper recycling program and earns money based on tons of paper recycled. Residents who are concerned that their paper is not recycled by the current contractor may bring it to the dumpster in the school parking lot and help the school earn money. All paper is accepted, except corrugated card board

Council Rule No. 3 minutes procedures: Clerk Harper reported that CM Lofgren is proposing to update the minutes procedures because they contain background information that is no longer relevant. He suggested that they be attached or incorporated into Council Rule No. 3. She and CM Lofgren collaborated on the revised version, which deletes background information, adds a statement of purpose, updates procedures regarding organization, substance and time lines for producing minutes and adds a number of conventions on spelling and abbreviations to the appendix. CM Dennison questioned why the procedures call for the Mayor to review the minutes before the rest of the Council as well as the usefulness of some abbreviations in the appendix. Mayor Calvo said that he prefers that Councilmembers to review the procedures and propose changes at a future worksession.

Commerce Bank agreement: Mayor Calvo explained that TA Murphy has revised the Commerce Bank agreement to include a provision, proposed by Ms. Davidson at the last Town meeting, that requires the Bank to use Berwyn Heights as part of its address. Mayor Calvo has also talked with Commerce Bank representative Dan Lynch about the mural, which the Bank prefers to do in-house but the Bank ma be willing to commission another work from a local artist instead of the mural. Mr. Lynch has also expressed an interest in the Historical Committee providing input in selecting a picture of Berwyn Heights that may be used as a template for the mural. The Council added a revision of the agreement to require that trash cans on the Commerce Bank site be covered. TA Murphy will submit a final revised version of the agreement to Commerce Bank and seek its approval in time for adoption of the agreement at the April Town meeting.

2. Code Enforcement (moved down on agenda)

3. Parks and Recreation

Farwell Park rededication: Chair of the EAC Ann Harris Davidson and Chair of the Historical Committee Cheryl Jewitt briefed the Council on plans for the rededication ceremony of Farwell Park. Ms. Jewitt explained that she and Ms. Davidson met with BHES Principal Dr. Singer to produce an outline of the ceremony. The original dedication took place in 1988, when BHES was closed. As a result, the ceremony featured mostly speeches from Town Councilmembers and local dignitaries. The rededication ceremony, in contrast, will be more student-centered, with a student choir and band performing and an essay contest about how the school may have been different 50 years ago when Ms. Farwell first served as principal. Ms. Davidson and Ms. Jewitt would welcome a speech by Mayor Calvo, the Council's input on the guest list and the Town's assistance in sprucing up the garden in which the memorial is situated. It was agreed that the Town would invite speakers, pass a resolution at the May 9 Town meeting and provide other needed assistance. The celebration is planned for May 14 between 2 - 3 p.m.

6. Administration (discussed out of order)

Bulletin cover: The following items were approved for the April Bulletin cover: Budget information, Berwyn Heights Day announcement, Neighborhood Watch/Emergency Preparedness training and tax banne

Solicitation permit: Mayor Calvo explained that the Berwyn Heights Volunteer Fire Department Ladies Auxiliaries plan to launch a fund raiser in which it will offer to take a family portrait for a $35 donation. The door-to-door solicitation requires a Council approved permit. MPT Jewitt moved to approve the solicitation permit. CM Gourley seconded. The motion passed 4 to 0.

3. Parks and Recreation

Boys & Girls Club shed: Mayor Calvo welcomed James Wilkinson, who gave a presentation on plans to build a new cinder block shed at the Pontiac Street fields. He said that the old wooden shed is dilapidated, not water tight and not secure. With a break in of the shed and fires set in the school dumpster, the Boys & Girls Club board decided it would be better to get a more durable structure. The new shed would also have a concession window and electric power and be built in the same location as the current shed.

Mr. Wilkinson continued that the projected cost for the cinder block shed is $20,000. To pay for it, the Club has requested a $10,000 contribution from the Town and launched a Buy a Brick fund raiser. For a cost of $99 or more, residents, former residents, businesses and organizations can purchase a brick tile on which their names or a dedication are engraved. The bricks would form a wall of gratitude on one side of the shed. Mr. Wilkinson said that the Club still needs to obtain a permit from Prince George's County Public Schools (PGCPS) and would like direction from the Council. He was advised to contact PGCPS Department of Architectural Services, School Board members representing Berwyn Heights, and the EAC Chair Ann Davidson.

Mayor Calvo said that the Town may be able to contribute some money but probably not the requested amount. The Buy a Brick campaign seems like a good approach to raise funds. The Council will be glad to pledge its support to the project and write an official letter of support that can be used to secure the permit and when approaching donors. CM Dennison moved to write a letter of support. CM Gourley seconded. The motion passed 4 to 0. TA Murphy was asked to write the letter.

At 8:04 p.m., the Council took a 20 minute break.

2. Code Enforcement (discussed out of order)

Code appeal. Mayor Calvo noted that the appellant, who was expected at 8:00 p.m., has not yet arrived. MPT Jewitt explained that the appellant is a non-resident owner of a rental home at 8516 60^th Place, who is appealing an $800 fine for failing to renew a rental license in a timely manner. He reviewed the case. The first notice of license renewal was sent by regular mail to appellant's stated home address on June 30 with the license renewal fee of $200 due on July 31. Subsequent letters, requesting payment and imposing cumulative late fees and fines of $600, were sent by certified mail and regular mail. All certified letters were left unclaimed and regular mail left unanswered until October 24, when appellant sent an e-mail requesting an appeal. The appeal was discussed at a November 6, 2006 worksession without appellant present and all fines were upheld.

At 8:30 p.m, the appellant arrived and was asked to state his case. He said that he goes to great lengths to keep up his rental property and screen tenants to ensure that they are responsible and no burden on the neighbors. However, communication between the Town and himself has been problematic. He previously requested and was assured that he would receive future code notices by email or by telephone, which he provided to the Town. His work schedule makes it difficult for him to pick up certified letters from the post office. He said he did not receive any of the notices informing him of the license renewal fee and subsequent fines. He first found out about the fines from one of his tenants, who had opened an October 9 certified letter from the Town sent to the rental address. Appellant also commented that the fines are excessive in relation to the offense.

During questioning, the appellant confirmed that his home address is the one used by the Code Department in its mailings, but maintained that he did not receive any of the regular or certified mail slips sent to that address. The appellant confirmed that the October 9 certified letter, to which he finally responded, was brought to his attention by one of his tenants. Mayor Calvo noted that this notice was mailed to his home address and possibly a copy went to the rental address.

Further, the appellant confirmed that he still has no valid rental license because he assumed that it was not due until the appeal was settled. Mayor Calvo said that the owner should know when he needed to renew his license. The fines would have been still higher if an appeal had not been pending. Mayor Calvo also noted that the rental home was up for foreclosure in August 2006, at about the same time the license renewal was due. The owner confirmed this.

MPT Jewitt commented that he has difficulty believing that none of the notices sent by the Town reached the appellant. He believes it is incumbent on the home owner to contact the Town when a certified mail slip with the Town as sender is left at the home, even if he cannot pick up the letter at the post office. CM Dennison and Gourley also expressed doubts that the home owner did not receive any notices. The appellant said that he was relying on notification by email and telephone. He is happy to abide by the Town's rental code and pay all applicable fees but expects to receive notification in the manner requested.

In deliberations, MPT Jewitt said that the decision to allow rental owners to request a secondary form of notification was made before he was on the Council. But he has ensured that this option is now part of the rental license application. Nonetheless, regular and certified mail remains the official method of communication.

Mayor Calvo said that the Council had directed that a secondary notification option be made a part of the regular license application a year prior to this case. But the directive was not implemented until recently. Thus, while the rental owner is to blame for not knowing when to renew his license and failing to pay attention to the mailed notices sent by the Town, the Town bears part of the blame for not having implemented the secondary notification option. He has no problems imposing steep fines if the Town strictly follows its own procedures and has a process that is user friendly.

Mayor Calvo proposed that the fine be reduced from $600 to $200 subject to the owner paying his rental license fee within 24 hours and subject to the next renewal date being July 31. MPT Jewitt so moved. Mayor Calvo seconded. The motion passed 3 to 1 with CM Gourley opposed. Mayor Calvo said that the owner has the option to accept this judgment or appeal to the District Court.

7. Budget

Mike Attick of 62^nd Avenue suggested the Council consider making a contribution to the Berwyn Heights Volunteer Fire Department towards the purchase of 2 AEDs for use in their ambulances, possibly as a year-end budget amendment. One unit costs $2,000.

Mayor Calvo announced that the Town has received notice from the Insured Workers Insurance Fund (IWIF) that the workers compensation premium has been raised by $12,000 due to a claim that led to an adjustment in the Town's experience rating. He then identified areas for potential additional revenues, including:

· Raising the rental license fee by $10 - $20

· Raising police fines and forfeitures

· Raising code fines

· Revising estimates for investment income

On the expenditure side, the following items require more funding than was proposed:

· Workers compensation

· Public Safety Taxing District (PSTD) officer most Councilmembers are opposed to raising the PSTD real property tax rate by $3.5 cents.

· Part time code enforcement officer

Budget areas that could be reduced include:

· Infrastructure fund

· Capital budget

· Public Works Temporary Labor

· Parks and Recreation line items.

TA Murphy said that there may actually be a $10,000 surplus if the Council decides to approve increases in the police fines and forfeitures, rental licenses, building permits and other code fines. Workers compensation only needs an additional $9,000 appropriation based on what was appropriated in this years current budget rather than what was spent. The PSTD officer's benefits could be covered by savings in lower health insurance premiums because new employees are taking a less expensive coverage than what was budgeted. Budget needs to reflect the $9,000 grant police just received.

CM Gourley stated that he opposes absorbing any costs for the PSTD officer in the Town budget and will not vote for it. Businesses can afford the tax increase and they were told at the outset that they would pay for one officer after a 3 year phase-in. Mayor Calvo replied that he respects his position but believes that the businesses did not know what the costs would be at the outset. He remains opposed to imposing another $3.5 cents real property rate increase on top of a 40% increase due to rising assessments.

MPT Jewitt said that, at some point, he would like to discuss the merits of raising the building permit fee as opposed to imposing licensing requirements for electrical and mechanical work. He believes that enforcement of electrical and mechanical permits would be difficult. Mayor Calvo agreed. He noted that the website should have downloadable permit forms to facilitate the permit application process.

The meeting was adjourned at 10:02 p.m.

Kerstin Harper, Town Clerk