Worksession Minutes

 July 16, 2007

The meeting was called to order at 7:00 p.m. Present were Mayor Calvo, Mayor Pro Tem Jewitt, CMs  Gourley and Lofgren. CM Dennison had an excused absence. Also present were Town Administrator Murphy, Clerk Harper,  and citizens.

1.    Mayor:

Announcements: There were none.

Calendar: The August 6 worksession was rescheduled for August 2.  The August 23  Safe Streets Committee public hearing may be postponed to a time when concrete proposals for improvements to street safety are ready for public comment.

Minutes:  On a motion by CM Gourley and second by CM Lofgren, the July 2 worksession minutes were approved 4 to 0 with corrections.

Department Reports: Mayor Calvo reported that he held 2 meetings with employees on retirement plans at which he explained the current system and future options. The meetings were productive and provided answers to many questions, in particular a possible loss of 401-a and 457 funds. After the meetings, several employees took action to join the 457 retirement plan or increase their contributions. As previously announced, the Council will help employees to set up committees to represent their interests on retirement questions and invite a representative from the State Retirement System to answer individual questions. Further, Corporal Billy Sullivan, who served Berwyn Heights for 15 years, ended his employment on July 13 to join the Town of Edmonston police force. In an exit interview, Mayor Calvo thanked Officer Sullivan for his long service and invited him to the upcoming employee appreciation lunch. The previous Friday, Mayor Calvo sent a letter to WSSC requesting core drills on Seminole Street and site visits to Osage Street to check the work quality of these street renovation projects.

MPT Jewitt reported that, in the previous month, 5 building permits and 1 dumpster permit were issued, over $1,500 in liens sent to the County, 2 rental properties added and a number of fines issued. Thanks to the efforts of Code Director Solomon, new information on the unfinished home on 58^th Avenue has been obtained from the County. The owner of this home filed an insurance claim to recover money lost during the construction process due to a contractor leaving. However, the insurance company denied the application early this spring. Now, the owner is planning to sell the property as is and is investigating the renewal and possible transfer of permits for the sale. He has resumed contact with the Town and is spending more time cleaning up the back yard of the property. Director Solomon is also closely following a planned addition of a home on 57^th Avenue. In response to concerns by the Town, the County turned down plans for two additional kitchens as part of the renovation and confirmed that the home will not become a multi-family dwelling.

CM Gourley reported that a resident has committed to become a Spanish interpreter for the Town. She may report within a week. CM Lofgren reported that the Public Works Department saved a total of $582 from free disposal of refuse during tipping day and sale of scrap metal. On the other hand, the landfill has raised tipping fees by $10 per ton despite promises not to raise fees. This will result in approximately $13,000 in additional expenses for trash disposal this year.

Citizen Comments: Mayor Pro Tem said that he received a doorhanger for a broken sliding glass door he temporarily stored in his side yard. He also received comments regarding Berwyn Heights homes advertised for rent on the internet and a business run out of a home as indicated by commercial trucks parked in the driveway and the street. Mayor Calvo received comments about a loud party on Charlton Avenue, about WSSC re-seeding residential lawns along the Osage Street project and about a 56^th Avenue resident putting out a grass fire. CM Lofgren received a comment from a former Councilmember about the proposed list of ball park rules as too lengthy.

Fiscal policy: Mayor Calvo said that it is important to develop a proper definition of an operating budget as a component of fiscal policy. To date, 3 months operating expenses have been set aside to safeguard against potential cash flow problems, which may ensue from the late receipt of income and property taxes. TA Murphy elaborated that he calculates the operating reserve from projected operating expenses between July and September, plus debt service payments due in October, minus projected receipts for the same 3 months. In contrast, previous administrations arrived at the operating reserve by dividing the annual operating budget by 4. Mayor Calvo said that the fiscal policy should spell out how the operating reserve is calculated as it represents a significant amount of money set aside. He also noted that the reserve has not grown at the same pace as employee salaries. He asked TA Murphy to draft a statement on the operating reserve.

MPT Jewitt proposed to draw up a blueprint for discussing fiscal policy, including sequence of chapters. For reference, the Maryland Municipal League posts a sample fiscal policy online, as do many other municipalities. Berwyn Heights has a budget ordinance which outlines the requirements of a budget in brief.

Port Towns Paddlesport Regatta: Mayor Calvo said that the annual Paddlesport Regatta will be held on July 28 at the Bladensburg water front. He intends to participate and asked if another Councilmember wants to be a partner. CM Lofgren said he would.

2.    Public Works

No items were discussed.

3.    Administration

Position classification and pay plan: TA Murphy provided the Council with a revised pay plan that includes a 2.5% Cost of Living Adjustment (COLA) adopted in the FY 2008 budget.

Bulletin cover: The Council approved the following items for the August Bulletin cover: National Night Out as focus, announcements with jumps for Hello Huskies Night, Ice Cream Social and the rescheduled August 2. worksession.

At 8:10 p.m., the Council took a 10 minute break.

4.    Code Enforcement

Commercial Clean Lot Ordinance: MPT Jewitt thanked TA Murphy and Code Director Solomon for drafting the Ordinance, which requires business owners in Berwyn Heights to keep their properties free of litter, debris and garbage as well as abandoned and untagged vehicles and to keep their buildings, yards and parking lots looking presentable and in good repair. The Ordinance is based on the Prince George's County Zoning Ordinance and a combination of municipal code and uses the International Building Code and the Maryland Rehabilitation Code as the maintenance standard. The section on the enforcement process borrows heavily from the Town's residential Clean Lot and Rental Ordinances. He then highlighted various sections of the ordinance that need further refinement and correction.

In response to Mayor Calvo, TA Murphy said that standards for industrial businesses would be different from commercial businesses. Permitted uses are based on the Prince George's County Zoning Ordinance but more research is needed. For example, it should be verified which materials and equipment can be stored on an industrial property. Mayor Calvo suggested that the focus should be on the frontage rather than the entire site. Different zones, commercial, industrial and MXT – might be defined in section 6 and cross-reference with relevant sections   of the Prince George's County Code.

Regarding maximum permissible grass height, a stricter 6” standard is proposed for commercial  properties, because businesses can be expected to have landscaping contractors perform the grass cutting on a regular basis. TA Murphy was asked to check with Greenbelt and College Park  regarding their high grass regulations. Mayor Calvo suggested that the fining period for high grass violations as well as some others might be shortened. Council agreed that a two tier fining process should be adopted for standard violations and more serious and/or repeat violations. Standard violations would be fined within 15 days of notice of a violation and serious violations within 5 days of notice or immediately.

Mayor Calvo proposed that the Ordinance be introduced in August, followed by a public hearing in September to which businesses would be invited and possibly adopted in October. There were no objections

Building permit fee: TA Murphy explained that the current Building & Inspection Ordinance provides for the Town to charge one half of the County building permit fee. He proposed amending the section in question to provide that the fee “be set from time to time by Council resolution.” Mayor Calvo said that the same should apply for the late fee. CM Gourley wondered if the Building Officials and Code Administrators (BOCA) Energy Conservation Code referenced in Section 4 is still in use and, if not, to take it out of the Ordinance. Mayor Calvo agreed and proposed to update other sections dealing with dumpster permits and Portable Temporary Storage Units (PODS). He said that these changes are relatively easy to make and that the Ordinance could be introduced in August and adopted in September. There were no objections.

POD permits: MPT Jewitt said that Code Director Solomon provided draft regulations for Portable Temporary Storage Units (PODS) for Council discussion. She recommends incorporating them as a separate section in the Building & Inspection Ordinance. The following provisions pertaining PODS are proposed: 

1.    Limiting maximum PODS size to either 8 x 16 x 8 feet or 10 x 24 x 9.

2.    Limiting the number of PODS at a property at a given time. Mayor Calvo proposed to limit the square footage taken up by PODS  instead, regardless if it is 1 large POD or 3 little PODS.

3.    Limiting the time PODS can be kept at a property to 30 days, with a one time extension to 60 days.

4.    Defining placement (on asphalt, concrete or gravel driveway, not encroaching on right of way, neighboring properties and street)

5.    Requiring PODS to be maintained in good condition

6.    Requiring a permit

7.    Setting permit fees ($50 per 30 days) and late fees ($25 per 15 days)

Mayor Calvo commented that size and number of PODS could be limited by square footage (Council may also want to review bonds required for large dumpsters), that placement may include setback requirements (e.g. 4' from property line), and that late fees might be imposed on a daily basis and should not be less than the permit fee. Permit fees might vary with size. CM Gourley commented that he would want to exclude very large PODS because they are unsightly.

CM Lofgren commented that the County code should be checked for provisions on PODS. When defining placement, the definition of  hard surface should be as specific as possible. Further, he believes that size limitations should be dropped because PODS may come in too many sizes. Also, a new homeowner, for example, who is unaware of Town regulations, may have a large POD delivered only to find that he has to rush to get it emptied off the property.

Mayor Calvo said that new homeowners should probably be given a grace period before they must obtain a permit. He  would allow for charging different fees for different POD sizes in the fee schedule resolution but he is not certain if there should be a size limitation. For purposes of drafting the Ordinance, however, the maximum POD size should be put spelled out. With respect to setback requirements, PODS should not be placed within 4' of a neighbors property line without prior permission.

5. Parks and Recreation

No items were discussed.

6. Public Safety

No items were discussed

7.    Executive Session (9:42 p.m. - 10:42 p.m.)

On a motion by CM Gourley and second  by MPT Jewitt, the Council went into executive session to discuss a personnel matter. With matter discussed, the executive session was closed on a motion by CM Gourley and second by MPT Jewitt.

Kerstin Harper, Town Clerk