Town of Berwyn Heights

Town Meeting Minutes

April 11, 2007

The meeting was called to order at 7:32 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, Chief of Police Murphy, Treasurer Lape, Clerk Harper, as well as Chair of the Neighborhood Watch/Emergency Preparedness (NW/EP) Mike Attick, Co-Chair of the Safe Streets Committee Paul McNulty, Gazette reporter Marcus Ngbea and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Hearings

Constant Yield Tax Rate (7:34 p.m. - 7:38 p.m.): Mayor Calvo said that it is proposed not to adopt the constant yield tax rate for fiscal year 2008, but to maintain the current tax rate of $0.486 per $100 of assessed real property value, which would produce a 12.6% increase in real estate taxes on residential properties and 14.1% increase on commercial properties.

Mike Attick of 62^nd Avenue commented that the citizens are again made to bear the entire tax burden from rising real estate assessments, even as the budget continues to show a surplus. The rising taxes pose a hardship for some residents. The Council should consider beginning the budget process on the basis of the constant yield tax rate rather than the current tax rate.

Ordinance No. 139 – FY 2008 Town budget: Mayor Calvo gave an overview of the budget and the changes made from the proposed to the introduced budget. The FY 2008 budget proposes to maintain the current tax rate. This will yield approximately $150,000 more in revenue or 13.7%, more than this fiscal year due to rising real estate values. However, due to caps on increases, the average increase of a homeowner’s tax bill will be 7% - 8%. Other Town revenue sources are projected to be mostly flat or increasing modestly. Overall, operating revenues are projected to be $2.3 million, which reflects and increase of 8%. The FY 2008 budget also proposes reducing the amount taken from surplus from $64,000 to $50,000, or 22% less, while setting aside $89,000 for the purchase of capital equipment.

The most significant expenditure in the FY 2008 budget are roll up costs from competitive salary adjustments for Town employees initiated this year and a 2.5% Cost of Living Adjustment (COLA). Health insurance and workers compensation insurance are slated for significant increases at 13.7% and 39%, respectively. Overall, the operating budget is projected to be $2.2 million, which is 5.9% larger than last year. Additionally, transfers to reserves have increased by 9.9 % to $123,000. This includes an $80,000 transfer to the infrastructure fund and $43,000 to the vehicle replacement reserve. After transfers to reserves, the budget shows a $165,000 undesignated surplus.

Each Councilmember gave an overview their departmental budget. Town Administrator Murphy, reporting for CM Gourley, said that the General Government budget is proposed to go up by 5%. It comprises the budgets of Mayor & Town Council, Town Administration, Municipal Building and Town Center. The main cost drivers are salary adjustments and a 2.5% COLA. However, some additional money has been appropriated for repairs and renovations in the municipal building and Town Center.

Mayor Calvo reported that the Police Department is proposed to go up by 6.9%, most of which will be for salary increases and related benefits. Importantly, the Department is back to being fully staffed. Furthermore, there are increases for electricity, oil and gas. On the revenue side, a number of police service fees and traffic fines were raised. The Neighborhood Watch/ Emergency Preparedness budget was maintained at the current level and the Fire Department received a $2,000 contribution for the purchase of defibrillators.

Mayor Pro Tem Jewitt reported that the Code Enforcement Department is budgeted a 15.8% increase, which reflects employee salary enhancements and funding for an additional 4 hours per week for the part time code enforcement officer. The public relations budget was also increased to enable the Department to better inform residents, in particular Spanish-speaking residents, about community standards and the code enforcement process. To offset some of the new expenditures, the rental license fee has been raised by $10 and the building permit fees will now fully match the County's fees.

TA Murphy, reporting for CM Lofgren, said that the Public Works budget is proposed to go up by 5% overall. The Public Works building budget is slated for a 14% increase, largely due to the purchase of a new sliding gate. The Streets & Sanitation budget is to go up by 5%, largely due to salary adjustments. The Street Lighting budget is to go up by 4% despite having nearly doubled in the previous fiscal year. Several expensive Public Works capital equipment purchases are being funded through the Capital Equipment budget.

CM Dennison reported that the Parks & Recreation budget is slated for a 19% increase, most of which is appropriated for Special Events and Equipment expenditures. In addition, the maintenance costs for Sports Park and Pontiac Street fields have been put into her budget.

At 8:10 p.m, Mayor Calvo opened the hearing on the FY 2008 Budget. There were no comments and the hearing was closed at 8:11 p.m.

Ordinance No. 140 - Public Safety Taxing District hearing: Mayor Calvo explained that two years ago the Town established a Public Safety Taxing District (PSTD) in the commercial area of Berwyn Heights. A special PSTD real property tax rate of 10 cents per $100 of assessed value and personal property tax rate of 5 cents were adopted to fund an 8^th police officer. For FY 2008, it is proposed to raise the personal property tax from 5 to 10 cents per $100 of assessed value. But the Council declined to raise the PSTD real property tax rate on top of large real property valuations increases businesses are experiencing this year due to reassessments. However, this leaves the PSTD about $9,000 short of fully funding the 8^th officer and this expenditure has been absorbed in the Town's general budget.

At 8:15 p.m., Mayor Calvo opened the hearing and invited residents to comment. Mike Attick said that the Commercial District should pick up the full cost of an 8^th officer, as planned when the Public Safety Taxing District (PSTD) was established. Town residents should not be asked to make up the difference. With no further comments, the hearing was closed at 8:18 p.m.

Commerce Bank hearing: Mayor Calvo said that the agreement to be introduced tonight has not been finalized. It will be up for adoption at a future Town meeting after Commerce Bank has reviewed it and the Council has had a chance to discuss any proposed changes.

The hearing was opened at 8:20 p.m. Mike Attick asked if Commerce Bank has contacted the State Highway Administration (SHA) regarding the 58^th Avenue traffic light. He was told they had done so. The hearing was closed at 8:21 p.m.

2. Minutes

Clerk Harper read a summary of the March 14 Town meeting minutes. On a motion by MPT Jewitt and second by CM Gourley, the minutes were approved 4 to 0 with corrections.

3. Treasurer’s Report

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

4. Mayor’s Report

Mayor Calvo reported on the recently adjourned legislative session. The Maryland General Assembly approved an increase in municipal aid for police protection to the tune of $150 per officer per year. An attempt to bail out the Prince George's County Hospital system failed and may be the subject of an emergency session. If the Hospital closes, other health care facilities in Prince George's are likely to become severely crowded. To save the Hospital system, which is a County-run facility, a 2 cents add-on to the County real estate tax rate is one of the options that may be considered. The legislature had a largely successful session but put off dealing with a looming structural deficit of $1.5 billion until next fiscal year. A number of different tax increase proposals will likely have to be considered and transfer payments to municipalities may be reduced.

Mayor Calvo thanked County Councilmember Eric Olson for helping Berwyn Heights work out an arrangement with the Park and Planning Commission's Parks and Recreation Department regarding maintenance of Sports Park and for getting legislation passed that limits pawn shops in Prince George's to the existing number.

In other news, the WSSC water and sewer line replacement along Osage and neighboring streets is progressing and should be completed by the end of summer while another WSSC water main cleaning and relining project has begun along Charlton and Berwyn Roads. Mayor Calvo has learned about recent changes WSSC made to its customer relations and billing processes. If residents have questions about their water bills, they can contact the Town office for information.

5. Department Reports

Administration: CM Gourley reported on revenues received to date. He reminded residents that new recycling bins are available from the Public Works Department; that additional Bulletins can be obtained at the Town Office; and that broken street lights should be reported to the Town Office. Further, the Administration Department arranged for the sidewalk to be repaired in front of the Town Office and is receiving bids for replacing the carpets and painting inside the building

Code Enforcement: MPT Jewitt sent well wishes to Directors Coleman and Solomon, Darlene Erickson and Yvonne Odoi, all of whom had health-related problems this week. Residents will have an opportunity to talk with Code Director Solomon on Berwyn Heights Day, where she will have a booth with a lot of information on the code enforcement process. MPT Jewitt concluded with a report on code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison wished her neighbor Eddie Daffron a Happy Birthday. She then reported that the Berwyn Heights Elementary School (BHES) PTA will hold a yard sale on April 21; that the BHES Gold Committee adopted Pop's Park and is planning a clean up for Earth Day; and that the Town will celebrate Municipal Government Works Month with a student mock council meeting on April 30.

CM Dennison thanked Mayor Calvo and County Councilmember Olson for getting the Sports Park maintenance issue settled. The Sports Park base ball field has been fixed up and looks great. The Pontiac Street Field has also been reseeded and fertilized. Questions about the soccer and baseball program can be directed to the new President of the Boys & Girls Club, Chris Brittan Powell.

CM Dennison continued that the Historical Committee is finalizing the next historic street marker for Carrington Avenue, now Osage Street. The street was named after General Edward C. Carrington who once owned a large tract of land, later known as “Sportland” in Berwyn Heights. The Recreation Council is finalizing plans for Berwyn Heights Day, which begins with a Fun Run and Pancake Breakfast, continues with a parade at noon and afternoon of games and craft vendors and ends with a concert at Sports Park beginning at 4 p.m.. On May 14, a rededication ceremony of Farwell Park will be held featuring the student band and an essay contest.

Lastly, CM Dennison thanked the Neighborhood Watch/Emergency Preparedness Committee for putting together a CERT class for Town residents, which included all of Boy Scout Troop 430.

Public Health and Safety: Chief Murphy gave the police activities report for March. There were only 8 Part I offenses, which is lower than the 5-year average of 12. Part I offenses for the year to date are 29, also lower than the 5-year average of 31. The Police Department was awarded a $9,000 grant for traffic safety enforcement. Officer Young, who joined the Department recently, received his Maryland police certification and started patrolling The Maryland Chiefs of Police Association is accepting applications for a $750 scholarship of students studying law enforcement or criminal justice. Interested students residing in Berwyn Heights may contact Chief Murphy for assistance. Chief Murphy concluded with a report on significant incidents.

Mayor Calvo said that there has been a spike in homicides in Prince George's County during the last month, one of which took place in Lanham and another in Greenbelt. He urged residents to be vigilant and notify the Police Department of suspicious activities. He also thanked the Berwyn Heights Fire Department for their fast response to another fire in Springhill Lake, where they are first due.

Public Works: Mayor Calvo, reporting for CM Lofgren, said that the Town had followed up on inquiries regarding proper recycling by the current recycling contractor. The Town learned that there has been a change in County recycling procedures, which permits recyclers to take recyclables to a new Howard County facility. It is equipped to mechanically sort metal, plastic and glass that has been previously mixed together and compacted. This makes for a more efficient recycling process.

6. Committee Reports

Education Advisory Committee: CM Dennison reported that the General Assembly passed SB 657, which re-establishes a 9 district school board for the next election in 2010. On May 14, a rededication ceremony for Farwell Memorial Park will be held at BHES. All are invited. District 1 School Board Member Rosalind Johnson has been invited to attend the June 12 Education Advisory Committee meeting to discuss Berwyn Heights education issues. Residents are advised that BHES has a paper recycling program, open to all, which raises funds for the school.

Historical Committee: CM Dennison read a report by BHHC Chair Cheryl Jewitt, who could not attend. The Historical Committee is inviting residents to visit its table on Berwyn Heights Day. It is hoped that residents will sign up to be interviewed for the Committee's oral history program and bring old photos of Berwyn Heights of which copies may be made.

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick thanked the Town for making the Town Center available for a CERT class that takes place Tuesday evenings. At the last meeting 16 adults and 14 boy scouts took part in the emergency training. The next regular meeting of the NW/EP on May 2 is planned to be held at the Public Works yard to take an inventory of the emergency trailer. Councilmembers are welcome to attend. Mr. Attick concluded with the presentation of a plaque by the Prince George's County Director of Homeland Security to thank the Town of Berwyn Heights for supporting the Prince George's County CERT drills.

Recreation Council: CM Dennison and Mayor Calvo called on residents to volunteer on Berwyn Heights Day. Mayor Calvo noted that, according Recreation Council bylaws, Town organizations are supposed to be represented on the Recreation Council and hoped that more organizations would regularly send a delegate to Recreation Council meetings.

Safe Streets Committee: Co-Chair Paul McNulty said that there was a very good turnout for the Committee's March 29 public hearing and many good ideas were put forth. The Committee will review the ideas and work on consolidating them for presentation at future meetings. Mr. McNulty thanked the Town for setting up the room, Beth Brittan Powell and Jeff Knutson for their excellent slide show and Jim McGinnis for taking attendance and collecting comments. He also thanked the Council for being present and providing information.

7. Unfinished Business

There was none.

8. New Business

Ordinance No. 139 - Introduction of the FY 2008 Town Budget: MPT Jewitt moved to introduce the Ordinance. CM Dennison seconded. Clerk Harper read a summary of the Ordinance.

Mayor Calvo said that he is pleased with this budget. The Council was able to make progress in several important areas due largely to strong growth in real property tax revenues. This includes providing more competitive employee salaries and benefits, purchasing a new police car every year, adding an 8^th police officer funded largely by the Town's businesses, putting highway user fees into an infrastructure reserve fund and setting up a vehicle replacement fund to purchase vehicles outright. As a result, the Town's debt has gone down while interest income has increased substantially. In the audits, this shows up as an increase in the Town's net value of $300,000 over the last 3 years.

However, the Council has not yet achieved all its goals, including setting up a defined pension plan for Town employees. The Council has begun talking about it, but concluded that it is too expensive to set up in FY 2008. The cost of joining the State of Maryland Pension System giving full credit for all prior years of service is $1.4 million. To be able to implement a workable pension plan, State legislation may need to be passed and employees consulted.

CM Dennison commented that she is glad that the Council was able to implement a comprehensive salary plan. This should enable the Town to retain its long-term employees, especially in the Police Department. She also supports setting up a retirement plan and saving money for infrastructure improvements rather than taking out another bond.

CM Gourley said more adjustments to the budget may need to be made because the Town has not yet received notification from its insurance carriers about next year's rates. He is happy that the salary plan was adopted but believes that more could have been done. He fully supports setting aside money for road repairs, because the interest rates on bonds are very high. However, he is opposed to the Town supplementing the cost of the 8^th officer, which should be entirely borne by the Public Safety Taxing District.

The FY 2008 budget was introduced in 4 to 0 roll call vote.

Ordinance No. 140 – Introduction of the FY 2008 Public Safety Taxing District Budget: Clerk Harper read the Ordinance. MPT Jewitt moved to introduce it. CM Dennison seconded. Mayor Calvo commented that he hoped that the Public Safety Taxing District (PSTD) would fully fund the 8^th officer, but he continues to believe that it would be unfair to increase the real property tax rate on top of substantial increases in real property assessed values businesses are already experiencing in this and following fiscal years. Businesses also pay the regular real property and personal property taxes paid by all Town residents. Apart from that, the 8^th officer would operate like all other police officer and patrol the entire Town. The PSTD tax would pay for $57,000 of the cost of this officer, while the Town would add $9,000. Eventually, the PSTD tax will pay for the entire cost of the officer.

With no further comments, the PSTD FY 2008 budget was introduced in a 3 to 1 roll call vote with CM Gourley opposed.

Resolution No. 02-07 – Commemorating Municipal Government Works Month: Mayor Calvo said that the Town celebrates Municipal Government Works Month with special activities, which seek to educate citizens about the importance of municipal government. Clerk Harper read the Resolution. CM Gourley moved to adopt it. CM Dennison seconded. Mayor Calvo commented that the Town will once again host a mock Council meeting with students from Berwyn Heights Elementary School on April 30. This year's topic of discussion is recycling. The Resolution was adopted in a 4 to 0 vote.

Resolution No. 03-07 – Introducing Commerce Bank Agreement: Clerk Harper read the Resolution. MPT Jewitt moved to introduce it. CM Gourley seconded. Mayor Calvo noted that Commerce Bank's response to the Town's changes has been largely positive with few corrections offered. The Planning Board's hearing on the Commerce Bank detailed site plan has been postponed until the Town has approved the agreement, which he plans to do at the May Town meeting.

CM Dennison asked for clarification as to which changes were made by Commerce Bank, as the revised document has just been received and has not been discussed at a worksession. She was told that the changes are highlighted in the document. She objected that the agreement permits the closure of 59^th Avenue. Mayor Calvo said that the agreement only required Commerce Bank to pay for the closure if the Council approves it. CM Dennison also noted that the same law firm that represents the Town represents Commerce Bank, albeit through different attorneys. Mayor Calvo asked if she believes that there is a conflict of interest. She said she did not. Mayor Calvo said that Dan Lynch disclosed this at his first presentation to the Town Council.

Mike Attick asked what happened to plans to open a Commerce Bank branch in College Park. He was informed that those plans died because the city did not like proposed location.

With no further comments, the Council voted to introduce the agreement in a 3 to 1 roll call vote, with CM Dennison opposed.

9. Citizens Discussion

Former Councilmember and current Co-Chair of the Safe Streets Committee Paul McNulty suggested that the Mayor present some of the fiscal policies developed by this and the previous Council at the June Maryland Municipal League (MML) Conference. Other municipalities might benefit from them. Mayor Calvo replied that fiscal policies will be put in writing firsst, which the Council plans to tackle after the budget season. In the process, he intends to look at other municipalities' fiscal policies and see if there are any that the Town of Berwyn Heights might adopt. He hopes to finalize a formal fiscal policy by fall 2007.

CM McNulty announced that the Safe Streets Committee will have a table on Berwyn Heights Day and hopes that residents will stop by. He also thanked Gazette Reporter Marcus Ngbea for coming out to cover the Committee's meetings.

Carmen Greenwell noted that the date for the next Neighborhood Watch/Emergency Preparedness meeting was incorrect on the Channel 71 slide show.

The meeting was adjourned at 10:25 p.m.

Kerstin Harper, Town Clerk