Worksession Minutes

 August 2, 2007

The meeting was called to order at 7:00 p.m. Present were Mayor Calvo, Mayor Pro Tem Jewitt, CMs  Dennison, Gourley and Lofgren. Also present were Town Administrator Murphy, Clerk Harper Boys & Girls Club representatives Tom Reynolds and Chris Brittan-Powell and citizens.

1.    Mayor:

Agenda: Boys & Girls Club representative Tom Reynolds and Historical Committee Chair Cheryl Jewitt are expected to attend to discuss matters related to their organizations, which will be taken out of order upon their arrival.

Announcements: CM Lofgren and Mayor Calvo won the Mayor's cup in the Port Towns Paddle Sport Regatta.

Calendar: A special 3-cities meeting with School Board representatives is being planned for late August. A Safe Streets Committee Hearing is planned for early October. A Halloween party is being planned for October 27 or 28.

Minutes:  There were none.

Department Reports: Mayor Calvo reported that he met with County Councilmember Eric Olson's legislative aide Danielle Glaros and gave her a tour of Berwyn Heights highlighting issues of current concern, including the new developments, problem properties, homes under consideration for the County Historic Homes Register, Indian Creek and WSSC projects. He, TA Murphy and Town Engineer Vernon Kelley also met with WSSC representative Dave Newberry to discuss the Town's concerns about how Seminole Street was resurfaced after the replacement of the water main and possible core drills to check the quality of the filler materials. Mr. Newberry conceded that the contractor misinterpreted some specifications and applied base asphalt for the top surface. However, he rejected requests for core drills, noting that WSSC would fix any future sinkage of the street surface. Mayor Calvo suggested the Town appropriate up to $1,000 to perform the core drills itself to assure that the filling of the trenching was done correctly and that full fledged renovation of Seminole Street would hold up over time. CM Lofgren will decide whether to proceed with funding core drills. TA Murphy has been tasked to write a letter to WSSC to state the Town's concerns. Mayor Calvo further reported, that a water main break on Berwyn Road and Cunningham Drive sent a flood of dirty water into Indian Creek last Saturday and polluted the stream. Councilmember Olson happened to see it and sent a message of complaint to WSSC.

CM Gourley reported that Public Works  set up a new shed behind the Town Center, which is intended to hold garden equipment and supplies currently stored in the Town Administration Building. He also hopes to be able to purchase a new television for the Senior Center to replace an old one that does not work properly anymore. Mayor Calvo commented that no money was appropriated for this purpose during the recently concluded budget process and asked that CM Gourley submit a formal proposal to the Council.

MPT Jewitt reported that a Spanish interpretor has been hired and should be ready begin work next week. CM Dennison reported that Greenbelt Middle School Principal Judy Austin will attend the meeting of the Education Advisory Committee on August 14. CM Dennison had a number of discussions about the ball fields with the Boys & Girls Club.

Citizen Comments: CM Dennison received positive comments about the Safe Streets Committee 's work, an inquiry about when Seminole Street would be re-paved, as well as comments about the unfinished house on 58^th Avenue, patrolling, a proposed noise ordinance, the hockey rink and Pontiac Street field. MPT Jewitt received a comment regarding the Safe Streets Committee while on vacation. CM Lofgren received a comment about noisy neighbors and plans for a noise ordinance. Mayor Calvo received more comments about late night activity at the Berwyn Presbyterian Church, the noise ordinance, questions about the Emergency Preparedness flu drill and a commercial property and unfinished house on 58^th Avenue.

Mike Attick asked about a calendar posted on the old web site and thanked the Council for its support of the pandemic flu drill.

5.    Parks and Recreation (discussed out of order)

Ball field rules: Mayor Calvo welcomed Boys & Girls Club representatives Tom Reynolds and Chris Brittan Powell who were in attendance to discuss a revised set of  ball field rules to be posted at Sports Park and Pontiac Street field. Mayor Calvo said that the revised rules have been simplified and condensed. Initially, separate signs posting permit information and field rules were envisioned. However, the simplified rules can be combined with permit information on one  sign, while a second sign could display a Spanish translation. This would mean 2 signs at each ball field.

Tom Reynolds said that, having discussed the content of the signs with Chris Brittan Powell, there are two concerns: 1) to highlight that Boys & Girls club activities take precedence over all other uses of the ball fields; and 2) to note that violations of the Code of Conduct can be fined and will be enforced by Berwyn Heights Police. Telephone numbers of the Town Administrator for obtaining permits, and of Berwyn Heights Police for reporting violations should be included on the sign. Mayor Calvo agreed adding that the permit information should be a lead-of paragraph separated from the code of conduct. A fine of perhaps $100 for violating the rules would ensure that they are taken seriously 

CM Lofgren suggested that the rules be coordinated with the Park Police because they patrol the Indian Creek bike path and are responsible for upholding rules at Park & Planning facilities. Mr. Brittan-Powell said that, at a recent Boys & Girls Club picnic, Park Police endorsed the posting of ball field rules.

Resident Mike Attick asked if all other users need get permission from the Boys & Girls Club and would this rule out pick-up games during times when no regular practice or games are taking place. Mayor Calvo said an occasional pick-up game does not require a permit, only regularly scheduled activities. The permit requirement gives the Town more control over the use of the field and helps maintain the grass cover.

Cheryl Jewitt suggested that the rules include hours of operation. After discussion, the Council agreed that a rule “Park closes at dusk” be added. CM Dennison moved to adopt the rules and post a sign at Sports Park and later at Pontiac Street field. CM Lofgren seconded. The motion passed 5 to 0.

Pontiac Street field: Mayor Calvo said that, despite the Town's efforts and expenses, the Pontiac Street field is substandard with the ground bumpy and the turf sparse. He would like to put the focus back on improving the quality of the field and have staff and the Boys & Girls Club come up with a comprehensive plan. The plan should define goals and lay out options on achieving optimum to minimum quality.

Tom Reynolds said that Club agrees that improving the quality of the Pontiac Street field is a priority. As the Club is growing and has more teams, a second field is needed. Club member and PTA board member, Ditte McInnes, who is a horticulturist, has already done extensive research on how to improve the field as well as designed a spreadsheet for expenses related to different options. The Club is happy to share the findings with Town staff and help the Town with any maintenance plan that is adopted. Additionally, the Pontiac Street field, which unlike the Sports Park field is full-size, also should be equipped with full size goals.

CM Dennison said that Prince George's County Public Schools (PGCPS) may be able to help with this as they are maintaining some football fields that are in very good condition. Mayor Calvo said that he would have the Public Works Department explore training a staff member in landscaping as a way to develop in house expertise.

CM Dennison moved to direct staff to work with the Boys & Girls Club to develop a comprehensive plan for improvement of the Pontiac Street field to be reviewed by the Council this fall. MPT Jewitt seconded. The motion passed 5 to0.

Historical Committee museum: CM Dennison said that the Historical Committee has hoped to open a museum for displaying photos, artifacts and historical documents in its possession. She has appropriated money to purchase a display case for this purpose.

Historical Committee Chair Cheryl Jewitt elaborated that Committee members have been thinking for a while about making some of its artifacts and documents available for public viewing in a formal setting. The Committee has no set guidelines and is open to suggestions on how to exhibit such items, such as a display case or a dedicated room. Committee members who are professional archivists can consult on how to chose and best exhibit the chosen items.

Mayor Calvo said that the best space for a museum is the current Council office. Turning it into museum, however, requires moving the Council into one of the back rooms of the Town Office, which are now used largely for storage. Efforts have been made to clean up the back rooms but without much success. Therefore he would like to have a formal vote to direct staff to clean up the back room and asked that Clerk Harper be charged with carrying out the move. Further, he would authorize getting new shelves, moving map files and disposing of electronic equipment previously intended as part of a BHTV studio if need be. MPT Jewitt agreed and urged that the Council make a decision tonight to turn the Council room into a museum and to set a deadline. Mayor Calvo proposed November 1 as the deadline. CM Dennison so moved. MPT Jewitt seconded. CM Gourley moved to amend the motion to set an earlier deadline for October 12. The motion failed for lack of a second. With no further discussion. The original motion was passed 5 to 0.

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

2.    Public Works

Leaf machine purchase: CM Lofgren informed the Council that a leaf collection machine approved for the FY 2008 budget has been ordered at a purchasing price of $36,700. The new leafer can hold almost 50% more than the old machine at a capacity of 25 cubic yards. The old leafer will be used as a backup.

3.    Administration

No items were discussed.

4.    Code Enforcement

Commercial Clean Lot Ordinance: MPT Jewitt said that the changes proposed by the Council at the last worksession have for the most part been addressed in the revised version, except  a mistake in numbering. Changes made include cross references with the County Zoning Ordinance, a 5 day window for correcting repeat and serious violations and a maximum permissible grass height of 6”. Code Director Solomon has reviewed the Ordinance to ensure that it no longer has any residential code provisions.

Mayor Calvo said he believes that, after some cleaning up, the Ordinance is ready for introduction at the August Town meeting, but that adoption probably won't occur before October. One provision that needs further discussion is the 6” maximum grass height, which may require another fact finding trip by the Council. There were no objections to introduction at the August Town meeting. MPT Jewitt said he will be ready to outline the Ordinance.

Building & Inspection Ordinance amendments: MPT Jewitt explained that the Council has taken the opportunity to update Ordinance No. 104 when revising the building permit fee. As has been done with other ordinances, all fees and fines have been removed from the Ordinance to be set from time to time by Council resolution. Another important change is an added section regulating Portable Storage Units (PODS), which includes a permit requirement, maximum size and condition and placement.

CM Dennison questioned why PODS should be permitted for more than 2 weeks. MPT Jewitt said that PODS are frequently used to hold contents of a home when they are remodeled, which usually takes longer than 2 weeks. Mayor Calvo said that he would like to see a provision providing a grace period to new residents who are not familiar with Town code. MPT Jewitt said that leniency could exercised at the discretion of code officials. Mayor Calvo preferred such a provision to be explicit and suggested appropriate language, i.e. “consideration should be given to new occupants.”

CM Lofgren proposed to give consideration to residents moving out as well and exempt them from permits for a couple of days. MPT Jewitt and Mayor Calvo disagreed saying that residents moving out should be aware of the relevant Town regulations. Permit fees are intended to subsidize staff time spent investigating and enforcing Town regulations. As such, all POD placements require some staff investigation and should entail a permit fee. New occupants would not be exempted from permits but should be given a notice before they are charged a late fee. There were no objections to including the new occupancy provision into the draft to be introduced at the Town meeting.

Rental license refund request: MPT Jewitt explained that the owner of a rental home requested a $150 refund of the annual $200 license fee because her tenants were said to have rented the property for only 3  months in FY 2006-2207. She further stated that she does not intend to rent the home in the future.

Mayor Calvo commented that he sees no reason to refund part of the license fee as the cost to the Town of processing the license and inspecting the property is the same whether it be for a year or 3 months. The Council agreed and declined to approve the refund.

Peace, Order & Nuisances ordinance: Mayor Calvo said that the draft ordinance distributed tonight is intended as a starting point for discussion and not ready for introduction. The Ordinance combines noise regulations from College Park, St. Michaels and other towns, which represent two alternate approaches. As outlined in Section 5, College Park has set standards for permissible noise levels which vary for residential, commercial and industrial areas as well as for time of day (65 decibel during the day and 50 decibel during the night) Upon receiving complaints, code officers investigate noise levels, which are measured with a decibel meter at the property line. Then a special Council-appointed noise control board holds hearings on the reported problems. Mayor Calvo commented that, because the College Park process is based on an objective standard, it holds up well in court but is probably too involved for Berwyn Heights. However, he would consider setting a decibel standard for night time.

A different approach is outlined in section 6, which enumerates the activities and noises considered a nuisance or disturbance. It incorporates the current Berwyn Heights Peace, Order & Nuisance Ordinance No. 114  and provisions from other municipalities' ordinances. Activities that are potential violations are described in detail as well as a process for granting exceptions through permits, as for outdoor concerts and parties.

Section 7 outlines how violations are determined and fines assessed. Currently, Berwyn Heights residents call the police if there is noise problem. Police come to the scene and write a report documenting the incident. The report is then forwarded to the Code Department for follow up and assessment of a fine. In another approach, practiced in College Park, an investigation can be triggered by complaints from multiple residents about a chronic noise problem. If adopted  in Berwyn Heights, residents might be given the opportunity to petition the Council for an intervention to compel a resident to address the problem.

CM Dennison commented that the Ordinance as drafted would infringe on her civil liberties and property rights because it apparently outlaws a number of ordinary activities such as singing, playing musical instruments or mowing the lawn. Further, she believes requiring permits for private concerts or parties is excessive and unnecessary. CM Gourley recommended including car alarms in the listing of possible noise violations. Mayor Calvo responded that, at this stage, the draft just presents a number of different approaches as practiced in different municipalities and is meant to stimulate discussion. It is not a definitive proposal..

MPT Jewitt asked what CM Dennison envisions for addressing excessive noise. CM Dennison said that she would like a simpler ordinance, in which a noise violation that defines a decibel standard and sets up a process for investigating complaints 

CM Lofgren related that, when the current Ordinance was written, the Council rejected use of a decibel meter because a meter was expensive, required a qualified operator and had to be calibrated. If a meter is used, enforcement is bound to become more complex. He believes, however, that any ordinance should provide a mechanism to stop chronic noise problems such as   car alarms going off repeatedly, barking dogs and noisy trucks.

Mayor Calvo noted that, under the current Ordinance, there is no noise level that is unlawful in the daytime. All violations take effect after 9 p.m. Nor is there a way to be exempted from the Ordinance after 9 p.m. Therefore he would support some sort of objective standard that limits loud noises during the day and allows for exceptions at night. But he is still in in process of thinking this through and would like input from the Council, in particular, regarding a decibel standard as opposed to enumerated violations.

CM Lofgren said that an objective standard is probably needed. MPT Jewitt said that he is comfortable with using a decibel standard next to some enumerated violations. Mike Attick commented that if the police are expected to enforce noise violations they need to be given the tools to do so.

5. Parks and Recreation (moved up on agenda)

6. Public Safety

Take home car policy: Mayor Calvo explained that one of the new officers is excluded from the take home car policy because he lives in Virginia. However, his commute is under the 50 mile radius set as a limit by the policy. Chief Murphy has asked if the Council would make an exception. Mayor Calvo supports the Chief in changing the policy to allow all officers who live within a 50 mile radius of Berwyn Heights to take their police cars home, regardless of state of residence.

CM Gourley said that he has no problem in making the change provided this does not entail changes in insurance. CM Lofgren said that there may be limits to exercising their police powers, such as the power to arrest, when outside of Maryland. Mayor Calvo said that he thinks there are some limits. TA Murphy said that they are only required to intervene in exigent situations outside their jurisdictions. With no further comments, CM Gourley moved to drop the state restriction from the policy. CM Lofgren seconded. The motion passed 5 to 0.

Emergency Management Coordinator: Mayor Calvo proposed to appoint Mike Attick, currently chair of the Neighborhood Watch/Emergency Preparedness, as the Town's Emergency Management Coordinator, as required in the Emergency Management Plan. CM Dennison so moved. CM Gourley seconded. The motion passed 5 to 0.

The meeting was adjourned at 9:55 p.m.

Kerstin Harper, Town Clerk