Town of Berwyn Heights

Town Meeting Minutes

MAY 9, 2007

The meeting was called to order at 7:30 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, 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. Hearings

FY 2008 Town budget (7:40 p.m – 7:41 p.m.): Mayor Calvo said that the Town budget to be adopted tonight was introduced at the April Town meeting and a summary has been published in the Bulletin. Significant changes since introduction include $8,000 in savings in workers compensation and health insurance. These funds were distributed to merit salary increases ($3,000), police overtime ($1,000) and gas and oil ($4,400). Mayor Calvo opened the hearing and invited residents to call in. There were no comments and the hearing was closed.

FY 2008 Public Safety Taxing District budget (7:44 p.m. – 7:45 p.m.): Mayor Calvo said that in FY 2005 the Town Council established a Public Safety Taxing District (PSTD) with a real property tax rate of 10 cents per $100 of assessed real property value and a personal property tax rate of 5 cents per $100 of assessed personal property value. The intent was to fully fund the cost of 1 additional police officer over a 3 year period. However, even with a 5 cent increase in the personal property tax rate budgeted for FY 2008, total PSTD tax receipts are insufficient to cover the entire cost of the officer. It is proposed that the Town make up the remaining $10,600 from the general budget. Mayor Calvo opened the hearing. There were no comments and the hearing was closed.

Commerce Bank agreement (7:45 p.m. - 7:46 p.m.): Mayor Calvo said that the Commerce Bank agreement was introduced at the April Town meeting and published in the Bulletin. The agreement provides for the Town's support for the establishment of a Commerce Bank branch at 5815 Greenbelt Road in exchange for Commerce Bank committing to upgrading and maintaining the site, paying for the closing of 59^th Avenue, using Berwyn Heights in the Bank name and addressing other matters to ensure good relations with the Town and neighboring property owners. Mayor Calvo opened the hearing. There were no comments and the meeting was closed.

2. Minutes

Clerk Harper read a summary of the April 11 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 April.

4. Mayor’s Report

Mayor Calvo commented that Berwyn Heights Day was a terrific success and thanked the organizers, employees and volunteers that made it happen. The new Sports Park location worked well and was an opportunity to showcase the improvements made to the facility. Improvements to the Pontiac Street field are also in the works. The Boys & Girls Club has plans for a new shed, a 63^rd Avenue gate, and an asphalt path leading onto the field. Signs displaying the rules for using both the Pontiac Street and Sports Park fields will be posted in the near future.

Mayor Calvo continued that, in the next few weeks, he will present Council with an administrative order that clarifies the open meeting and public inspection requirements as they relate to Town committees. He announced that the Council held an executive session at the April 16 worksession to select the citizen of the year. This year the Council selected Tom Reynolds who has been an active citizen since he settled in Berwyn Heights and most recently led the Boys & Girls Club as President. He was honored for his many contributions to the community on Berwyn Heights Day.

Mayor Calvo further gave an update on the WSSC projects. The Town is talking with WSSC contractors about a full restoration of the 5600 – 5800 blocks of Seminole and Ruatan Streets after the water and sewer line replacement of last year, which may occur during the summer. The Osage Street water main replacement project is ongoing and projected for completion in September, while a less invasive relining of the water main along Berwyn Road is scheduled for July and August. MPT Jewitt added that a sign has been posted for a planned water project on Seminole Place. However, the Town has not yet received official notification about it. Lastly, Mayor Calvo announced that the Town continues to seek a Spanish interpreter. Those interested may contact the Town Office.

5. Department Reports

Administration: CM Gourley looked back on his first year as head of the Administration Department. He said that it is a change of pace from working with the Public Works Department but equally challenging. He thanked the Town Office staff for their assistance. He noted that the Administration budget is slated for a 5% increase in FY 2008, mainly due to the upcoming municipal election, and increases in salaries, electricity and copying services. He then reported on the revenues received to date.

Code Enforcement: MPT Jewitt thanked Director Solomon for setting up a booth on Berwyn Heights Day and distributing information about the Code Enforcement process. Residents especially enjoyed the cake she served at the booth. MPT Jewitt then reminded residents that it is growing season and grass needs to be cut so as not to exceed 10”. Also, shrubs and trees need to be trimmed so as not obstruct sidewalks or impair visibility at intersections. The Town is experiencing an increasing problem with abandoned shopping carts. Residents are requested to report these to the Public Works Department so they can return them to the proper store. He concluded with a report on code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that the Council on April 30 again hosted a student mock council meeting on occasion of Municipal Government Month. BHES Gold Committee members and Student Government representatives participated, including Morgan Branch, Saahira Brown, D. J. Cicotte, Sarah Conover, Danielle Rosales and Aizlinn Seeram. She further noted that Berwyn Heights Day was a success with a lot of participation from the residents and Town committees. She thanked all those who helped make the festivities possible. Lastly, she announced upcoming events including a May 14 rededication of Farwell Park, a June 5 BHES PTA pool party, a June 16 Town wide yard sale and a June 20 Volunteer Appreciation Dinner.

Public Health and Safety: Chief Murphy gave last month's police activities report. There were 12 Part I offenses, more than the 5 year average of 10 for April. He thanked former D.C. Police Officer Panko for the donation of an unused set of body armor that will be used for training new officers. He congratulated BHES 3^rd grade teacher Joyce Erb-Applebaum on receiving an Agnes Meyer Outstanding Teacher Award. In his department, Officers Chapman and Sullivan were named Officers of the Year and Camille Carter Police Civilian of the Year. He concluded with highlights from press releases.

Public Works: CM Lofgren congratulated all involved in organizing another successful Berwyn Heights Day. Public Works employees are still recuperating.

6. Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson reported that the Committee worked successfully with the PGCPS Board of Education and senior administrators in improving the public school options for Berwyn Heights residents. Among the achievements is a 4-year extension of the Music & Technology Program at BHES at a time when other schools have lost their specialties. The interaction with PGCPS continues with the visits of District 1 School Board member Rosalind Johnson to Berwyn Heights on June 12 and Greenbelt Middle School Principal Judy Austin at the August 11 Town meeting.

Ms. Davidson continued that at the last meeting the School Board members voted unanimously to recommend removing Nathanial Thomas from the Board. Other BHES staff receiving awards this year include science teacher Margie Strohecker as an Outstanding Educator, Almura Geter as Outstanding Support Staff and Yvonne Stone as Community Leader in Education. This good showing is evidence of the successful collaboration of the EAC, PTA and parents in helping secure recognition for the teachers and staff at BHES.

Mayor Calvo asked if Ms. Davidson knew the district boundaries established for the next 9 district member school board. Ms. Davidson replied that the boundaries are very close to those of former District 2 and include Greenbelt, Lanham, Seabrook and parts of College Park in addition to Berwyn Heights.

Historical Committee: Chair Cheryl Jewitt said that, from the Historical Committee's perspective, Berwyn Heights Day was a complete success. Members could watch the dedication ceremony for the Carrington Avenue plaque from their booth. She thanked Mark Bell for taping the dedication, Public Works for helping set up, and the Recreation Council for coming up with a new layout that worked well. Visitors stopping at the BHHC booth urged Committee members to bring back the wine and cheese reception next year.

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick said that Berwyn Heights Day was great. On Saturday, a CERT graduation ceremony will take place at the Town Center. Residents are welcome to stop by. The next meeting will be on June 6.

Recreation Council: CM Dennison announced that the Town-wide yard sale will take place on Saturday, June 16.

Safe Streets Committee: Mayor Calvo announced that the Committee will hold its next meeting on May 17. Chief Murphy will present data on traffic violations and accidents for locations throughout Berwyn Heights and answer any questions from the Committee and residents. He thanked Chief Murphy and Clerk Carter for collecting these useful statistics.

7. Unfinished Business

Ordinance No. 139 – Adoption of FY 2008 Town Budget: Clerk Harper read a summary of the Ordinance. MPT Jewitt moved to adopt it. CM Gourley seconded. Mayor Calvo said that this budget maintains the same real property tax rate of 48.6 cents and personal property tax rate of $1.215 the Town has had for several years. He then explained where the money in the budget comes from and where it goes: The largest share of revenues or 50% comes from real property taxes; 12.3% from personal property taxes, 10.7% from income taxes and 7.8% from Highway User Fees. On the expenditure side, the largest part of the budget or 28.5% goes to the Public Works Department, followed by 24.4% for the Police Department, 10.7% for the Administration Department, 3.7% for the Code Department, 8.4% for employee benefits, 4.7% for capital expenditures and 5% is transferred to reserves.

CM Dennison commented that her department's budget has gone up mainly because maintenance of the ball fields has been added to it. As a share of the total budget, the Parks and Recreation Department makes up 0.8%. Mike Attick commented that the Council did a good job with the budget.

The Council adopted the budget in a 5 to 0 roll call vote.

Ordinance No. 140 – Adoption of the FY 2008 Public Safety Taxing District Budget: Clerk Harper read a summary of the Ordinance. CM Dennison moved to adopt it. CM Lofgren seconded. Mayor Calvo said that the Public Safety Taxing District (PSTD) budget appropriates $54,700 for salary of the 8^th police officer. An additional $10,600 contribution comes from the Town's general budget. He is proud to have an 8^th officer on board who will reinforce the patrols and allow for more flexible scheduling.

CM Gourley commented that he is opposed to taking any money out of the Town's general fund to pay for the 8^th officer and will vote against it. He believes that the shortfall in funding should have been made up by increasing the PSTD real property tax rate. Unlike other Councilmembers, he believes the businesses can afford to pay the higher tax. CM Lofgren commented that the businesses will eventually pay for the entire cost of the 8^th officer as real property taxes continue to rise from increasing property values. Meanwhile, Berwyn Heights does not have to become hostile to business and levy additional taxes on top of an already large real property tax increase of 14.1% this year. Not all businesses in the District are giant corporations that can afford such increases. Mayor Calvo also disagreed with CM Gourley, noting that this vote is about appropriating funding for the 8^th officer. The $10,600 contribution from the general fund has already been approved as part of the Town Budget. If the PSTD budget is not approved, the Town would have to fire a police officer.

The Council approved the PSTD budget in a 4 to 1 roll call vote with CM Gourley opposed.

Commerce Bank Agreement: Clerk Harper read the Resolution adopting the agreement. CM Gourley moved to approve it. MPT Jewitt seconded. Mayor Calvo noted that one major change was made in the agreement since its introduction in April. Commerce Bank agreed to Berwyn Heights' request to install and maintain a 6' wide grass strip between the curb and sidewalk along Greenbelt Road, 58^th Avenue and 59^th Avenue. However, maintenance depends on the State Highway Administration's (SHA) approval of a sprinkler system to water the grass. New language provides for the negotiation of an alternate maintenance program for the grass strip if SHA does not approve sprinklers. Mayor Calvo summarized the remaining agreement stating that he considers this to be a very good agreement that could serve as a template for future agreements.

CM Dennison commented that she supports the agreement mainly because it commits the Bank to install a mural of Berwyn Heights and to commission a “historical portrait” that would allow the Historical Committee to create a piece of art for Berwyn Heights. Also, while she is not in favor of closing 59^th Avenue without further study, the agreement provides for Bank funding of the closure.

CM Lofgren commented that the agreement is a good one as it safeguards the Bank's immediate neighbors from undesirable impacts, commits the Bank to using “Berwyn Heights” in the name and address and lays the foundation for a good relationship with the Town. He reminded residents that the Town has no zoning authority and no direct influence over which business can locate at a particular site in the commercial district.

MPT Jewitt commented that Commerce Bank has already proven its desire to be a good neighbor by accommodating requests from adjacent property owners to install a sturdy fence and landscaping buffer at the rear of their property.

The Council approved the agreement in a 5 to 0 roll call vote.

8. New Business

Ordinance No. 141 – Introduction of FY 2007 Budget Amendment: Clerk Harper read a summary of the Ordinance. CM Lofgren moved to introduce it. MPT Jewitt seconded. Mayor Calvo noted that the budget amendment adds $40,300 in new revenues from grants. These will be distributed to various year-end capital purchases to be discussed during next couple of worksessions. There were no comments. The Ordinance was introduced in a 5 to 0 roll call vote.

Resolution Adopting Rental Housing Fee & Fine Schedule: Clerk Harper read the Resolution. CM Gourley moved to adopt it. CM Lofgren seconded. Mayor Calvo explained that the Resolution enacts an increase of the rental license fee from $200 to $210 per year and establishes fines for successive reinspections of a rental property. There were no comments. The Resolution was adopted in 5 to 0 roll call vote.

Resolution Adopting Traffic & Parking Fee & Fine Schedule: Clerk Harper read the Resolution. MPT Jewitt moved to adopt it. CM Gourley seconded. Mayor Calvo said this Resolution enacts increases to a number of police fees and fines. Fines for violations with public safety implications were raised more than others. A fine for Unattended Vehicle (motor not running) violation was struck.

CM Dennison commented that raising fees and fines is another way of generating revenues without raising taxes. She doesn't see how these revenue projections can be made based on last year's number of traffic citations. CM Gourley asked if $250 is the limit for fines parked in handicapped spaces. He believes that drivers who abuse handicapped parking should receive higher fines. Chief Murphy replied that he doesn't know whether $250 is the limit but pointed out that this fine doubles if not paid within 30 days and doubles again if not paid after 60 days. If the fine is still not paid, the offender is reported to the Motor Vehicle Administration (MVA) who will not renew the license until the fine is paid. Mike Attick cautioned against prejudging people who park in handicapped spaces but appear to be healthy. Many handicaps are not easily identified

CM Lofgren commented that the Council didn't raise the police fees and fines to fund a part of the budget, but to apply appropriate penalties for the violation of certain traffic rules. Mayor Calvo agreed, noting that the Council would simply raise fees and fines across the board if the purpose was to generate revenues.

In a roll call vote, the Council voted 4 to 1 with CM Dennison opposed to approve the fee and fine schedule.

Resolution Authorizing Prince George's County Recycling Contract: Mayor Calvo said that last week the Town was invited to join the County recycling program. The Council has not yet come to a conclusion on the matter because it lacked some relevant information. However, a decision has to be made prior to the Council's next worksession so that the Town can be included in the County bidding process. He asked TA Murphy to give additional background.

TA Murphy explained that the contract subscribing the Town to the County recycling program is for the duration of 3 years with 3 optional one-year extensions. The program is divided into 5 recycling districts each with their own contractor. Berwyn Heights would likely be added to District 5, which comprises Hyattsville and parts of Riverdale because it has less than 2,000 dwelling units. The cost of the service is determined in part by the cost of labor, which is based on a “living wage” rate and is subject to yearly metropolitan area Cost of Living Adjustments (COLA). The user fee (cost per household) has already been set at $41.25 for next year. The County will provide new recycling totes to residents who want them. If the Town decides to set up its own recycling program, it needs to purchase a 20 cubic yard truck at approximately $85,000, pay for tipping fees of $26 per cubic yard and staff.

TA Murphy continued that there is no guarantee that Berwyn Heights will continue to be serviced by Bates Recycling (it's current contractor) nor that the date will be Thursday if it joins the County program. The County program has a quality assurance procedure, which provides for inspectors checking up on complaints, a 4-hour time frame for the contractor to correct a problem, fines if the complaints exceed a given number and, eventually, dismissal of the contractor.

In response to CM Dennison, TA Murphy said that the Town would save $6.75 per household per year, or approximately $7,200 overall. Another benefit is the transfer of bidding responsibilities to the County. Downsides may include a slower response to complaints as they are processed through a County bureaucracy.

Mayor Calvo noted that if Berwyn Heights chooses not to join the County program, it may not be able to get a contractor at this year's cost because it has a high rate of recycling and a stipulation for Thursday collection. CM Lofgren said that the County recycling program is likely the cheapest option available but its contractors may be less responsive to the Town's concerns. CM Gourley said that he is hesitant about committing the Town to a County program for 6 years with a contractor of unknown performance. Based on prior experience, he does not trust the County to do a good job. MPT Jewitt also expressed discomfort about joining the County program and losing control over the contractor.

Mayor Calvo summed up that Councilmembers appear skeptical about the joining the County program. He would therefore recommend not adopting the Resolution tonight. Personally, he could have voted either way. But he agrees that the County's track record is not great. Additionally, he believes it is important to keep Thursday as a recycling day. At some point, it may become cost-effective for the Town to institute its own recycling program. He asked if there is a motion to adopt the Resolution. CM Lofgren so moved. The motion failed for lack of a second.

9. Citizens Discussion

Mayor Calvo noted that Ann Harris Davidson has called in to confirm that Berwyn Heights will be in the school board district represented by Heather Iliff when the new 9 district member school board is elected in 2010.

The meeting was adjourned at 10:00 p.m.

Kerstin Harper, Town Clerk