Worksession Minutes

 August 20, 2007

The meeting was called to order at 7:04 p.m. Present were Mayor Calvo, Mayor Pro Tem Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Town Administrator Murphy, Clerk Harper, Gazette Reporter Marcus Ngbea and citizens.

1.    Mayor:

Announcements: A Homeland Security Summit will be held on October 11. An open hearing is scheduled for September 6, 7 – 9 p.m. at the Glendale Community Center on the closing of the Brown Station landfill. CM Gourley, his mother and partners Rena Brewrink and Eric Beard won in a regional bridge tournament last weekend.

Calendar: The date for an open meeting with the Prince George's Board of Education was added for September 13, 8:00 p.m. at the Berwyn Heights Town Center.

Minutes:  On a motion by MPT Jewitt and second by CM Lofgren, the July 16 worksession minutes were approved 5 to 0 with corrections. On a motion be CM Dennison and second by MPT Jewitt, the August 2 worksession minutes were approved 5 to 0 with corrections.

Department Reports: CM Lofgren reported that he and Director Coleman have met to complete their employee evaluations. CM Dennison reported that Greenbelt Middle School Principal Austin and her IB Coordinator attended the last Education Advisory Committee (EAC) meeting to discuss the preparations for implementing an International Baccalaureate program. She reminded residents to drive carefully as school is back in session. The unofficial count of students attending Berwyn Heights Elementary School is 470. This fall English classes for adults will be offered at the school. Registration is on Monday, August 27, 6:30 p.m.

MPT Jewitt reported that the telephone of the newly-hired Spanish translator still has some problems and that the code vehicle is undergoing repairs. TA Murphy reported that the beginning of the audit was rescheduled. Mayor Calvo reported that the Police Department has a candidate for the 8^th officer position. Officer Chapman attended the last Safe Streets Committee meeting and provided helpful information on which places in Berwyn Heights generate the most traffic violations.

Citizen Comments: CM Gourley received comments on commercial vehicles parked in the street on 58^th Avenue and blocking rush hour traffic. TA Murphy and Director Solomon were tasked to research the issue. CM Dennison has received comments on the upkeep of the Town Center landscaping and plans to make improvement in the fall. Mayor Calvo received comments on parties at the Berwyn Presbyterian Church, where disturbances have been reduced, a proposed subdivision of an Edmonston Road property, the mulch pile on Ballew Avenue, benches at bus stops along Edmonston Road, the Pontiac Street field, Safe Streets Committee proposals, animals tearing trash bags and non-recycling residents.

Fiscal policy (postponed)

Pension plan: Mayor Calvo explained that the Town received a letter with revised valuations to join the Maryland State Pension Plan for three different scenarios:

1.    100% recognition of past service = $1,774,000

2.      50% recognition of past service = $1,230,000

3.      33% recognition of past service = $1,066,000

He said that the cost of joining the Plan at the 33% level is more expensive than first thought. He believes that the high cost rules out joining at the 100% or 50% level. The good news is that the annual contribution rate of 8.8% is less than anticipated and less than the Town's current contribution for employees who participate in both the 401(a) and 457 retirement plans.

CM Gourley suggested that if $500,000 from the Metroland compensation was   rolled into financing joining the Plan at the 50% level, the financing of the remaining $729,000 would be doable. Mayor Calvo replied that the Town has to be prepared to finance the entire cost of joining because the Metroland payout is uncertain. The Town should seek financing that has no pre-payment penalties and then pay off $500,000 when the Metroland contribution is received. Also, the cost of joining can be phased in over 2 years. Mayor Calvo speculated that the annual interest costs could be approximately $70,000 - $75,000 over 15 to 20 years. Apart from preparing the financing, Town employees need to set up committees to give their input on the pension plan by the end of this year and State legislation needs to be introduced to permit Berwyn Heights to join at the 33% level.

CM Lofgren sought clarification that employees would be credited with 33% of past service but 100% of service going forward. Mayor Calvo confirmed this. He added that employees who leave before they have served 5 years would lose their claim to pension benefits. However, when the Town enrolls in the State Pension Plan, employees would be allowed to keep their 401(a) and 457 contributions. But the Town would stop its contributions to these plans. CM Lofgren asked if the Town Council's compensation has been figured into the actuarial valuation. Mayor Calvo said it hasn't because the Council receives stipends and not salaries. However, the Town's part time employees are included. CM Dennison commented that the Safe Streets Committee should have priority for Metroland funds but cautioned not to rely too much on the contribution.

Evaluations: Mayor Calvo reported that Chief Murphy turned in his employee evaluations by the July 31 deadline. He has reviewed them and given his input. He asked that Councilmembers remind all other directors to complete the evaluations. Those that have not done so are now delaying the merit awards. He would like to have a meeting to discuss ratings and merit pay in September. He reminded Councilmembers that evaluations should have a rating range and that directors' evaluations have a rating factor for how they evaluated their employees. CM Lofgren said that he and his director have added a lot of comments on the form not captured by the rating factors. However, the forms have no separate space for department head comments.

2.    Administration

Bulletin cover: The following topics were chosen for the cover of the September Bulletin: Ice Cream Social. Mayor Calvo proposed a thank you to employees on the occasion of Labor Day, which should include a listing of all employees by department and years of service. There were no objections.

At 8:20 p.m., the Council took a 10 minute break.

3.    Code Enforcement

Commercial Clean Lot Ordinance: TA Murphy said that the only changes to the Ordinance are in Section 7D, combining previously separate provisions on untagged vehicles. Mayor Calvo said that the next step would be to get input from the business owners.  A notice of a public hearing on the Ordinance, to be held at 7:30 p.m. prior to the next Town meeting, should be sent out to property owners as well as tenants or property management companies responsible for the upkeep of a property. At the same time, the draft Ordinance is to be posted on the website for reference and a summary published in the September Bulletin. Further, the Council should undertake a field trip to the Commercial District in the company of the Code Director, possibly at the first worksession in September, to get a first hand look at maintenance issues. CM Lofgren said that he would like the Town to particularly reach out to some of the key players and get their input, such as the owner of the scrap yard and several property managers that actively participate in the Commercial District Management Authority (CDMA).

Building & Inspection Ordinance: MPT Jewitt said that among the provisions that need to be revised is the reference to an Office of Building Inspector in Section 2. Instead it should be stated that the authority to enforce the building and inspection regulations rests with code enforcement officials. Also, Section 6, which covers dumpster permits, should differentiate between roll-off containers and waste management dumpsters, should possibly specify a maximum size for roll-off containers, as was done with Portable Temporary Storage Units (PODS) and disallow business use of roll-off containers.

CM Gourley commented that he would add a provision limiting the number of times a roll-off container can be placed on the same property in a given year and modify any size limitation with Council approved waivers. Mayor Calvo agreed, saying that any extension of a dumpster permit beyond the 60 day limit should require Council approval and possible additional fees. CM Lofgren said that there should be room for discretion when extending permits and levying additional fees. MPT Jewitt asked that the Section 6 title should be changed to Roll-Off Container permits to distinguish them from dumpsters used for cyclical waste management. Resident Mike Attick commented that it is cheaper to rent a dumpster by the month than per week even if the owner plans to use it only for part of a month. TA Murphy was asked to make the above discussed changes for the next worksession.

Noise Ordinance: Mayor Calvo said that no changes have been made since the first round of discussions. He formed the impression that the Council prefers setting a decibel standard to enumerating violations. To establish a decibel standard for noise violations, he will have Chief Murphy arrange a demonstration of the decibel meter for the Council at one of the next worksessions.

8724 Edmonston Road variance request: TA Murphy said that he went to the property to confirm that the revised site plan is correct. A variance is needed for a pre-existing, non-conforming set back of a garage and carport. He also obtained blue prints for a planned 2 story addition, which shows no additional kitchen or bathrooms. Thus, there is no indication that the house will be turned into a multi-family home. Based on the revised site plan and blue prints, TA Murphy now recommends approval of the variance request.

Mayor Calvo said that the existing house is very attractive and the property well maintained. He is concerned that the addition will turn the home into an oversized monstrosity.  He would also like to know what the neighbors’ reaction would be and ask the owner some questions about the project. He is not prepared to make a decision on the variance tonight and asked that the property owner be invited to a future worksession. Neighbors should be notified of the meeting and invited to comment and arrangements for a translator made. CM Lofgren added that while the Town probably can’t stop the addition from being built, it should try to prevent possible conversion into a multi-family home. To that end, the Town should condition approval of the variance on the house remaining a single family dwelling in an R-55 zone.

4.    Parks and Recreation

No items were discussed.

5. Public Safety

Quebec Street school zone: Mayor Calvo explained that the Safe Streets Committee identified Quebec Street at the rear entrance of Berwyn Heights Elementary School as an area that needs more speeding protections and recommended that Quebec Street between 63^rd Avenue and Cunningham Drive be made a school zone. Chief Murphy has looked into it and informs the Council that, according to Article 21, Section 803 of the Maryland Vehicle Law, “any municipality may decrease the maximum speed limit in a school zone within the municipality to 15 mph during school hours, provided the municipality pays the cost of placing and maintaining the necessary signs.” The Law further provides for the establishment of a school zone within a half mile radius of the school, the signs and lights required and the doubling of fines. Mayor Calvo said that, if the Council accepts the recommendation, the decision should probably be made as a resolution at a Town meeting to give it more force in case it is challenged in a court of law.

CM Dennison commented that the crosswalks in the school zone should be painted yellow to make them more noticeable. CM Lofgren said that Chief Murphy should be consulted about the proper signs and their placement when establishing the school zone. MPT Jewitt suggested making the signs read that the 15 mph speed limit applies only during school hours. Mayor Calvo said that he has no problem with posting the 15 mph speed limit all day. However, he would not collect fines for going faster than 15 mph during non-school hours. Further, it appears that the law provides for a doubling of fines in the school zone only when lights are installed, which he is not prepared to do. The Council voted 5 to 0 to establish a 15 mph school zone on Quebec Street between 63^rd Avenue and Cunningham Drive. The measure will be formally adopted by resolution at the next Town meeting. CM Lofgren noted that any placement of new signs requires a public hearing. Mayor Calvo said that it could be held at the Town meeting prior to voting on the resolution.

6.    Public Works

Mulch pile closing: CM Lofgren explained that Director Coleman has recommended closing the mulch pile for the following reasons: 1) it invites unauthorized dumping, which Public Works has to clean up; 2) the mulch site is the property of Park and Planning, which requires the site to remain clean; 3) the mulch provided free to the public now has a cost; and 4) the mulch provided is of inferior quality, which many gardeners do not want.

Mayor Calvo said that he inspected the site and agreed that it is trashy. However, he likes the service and the cost of the mulch at $10 a truck load is nominal. He would like to explore putting the mulch pile back where it used to be at the corner of Ruatan Street and 56^th Avenue. The resident who complained about the mulch pile being there and caused it to be removed has since moved out. In the old location, the pile was open to inspection and dumping was difficult. CM Lofgren said that if the mulch pile is kept, he would recommend limited hours and have the police check on the site to prevent dumping. Resident Mike Attick suggested that Berwyn Heights compost the leaves it collects in the fall and make its own mulch as is done in Greenbelt. TA Murphy said that Berwyn Heights does not have a site large enough to compost leaves.

CM Gourley moved to keep the mulch open Monday – Saturday, 7:30 a.m. - 4:00 p.m. and pay a Town employee to open and close the gate on Saturdays until a new location is found. CM Dennison seconded. Mayor Calvo said that he is opposed to the police being charged with opening and closing the gate. He would rather pay a Public Works employee overtime to do this, or, if none is found, to keep the mulch pile closed on Saturdays.

MPT moved to amend the motion to keep the mulch site open Monday – Friday, 7:30 a.m. – 4:00 p.m., and for limited hours on Saturday to be agreed upon by the Council and the Public Works Department. CM Dennison seconded. CM Lofgren agreed that the Police shouldn't have to be responsible for opening the gate on Saturday nor should the Public Works Department. He suggested that it might be opened by appointment, or one Saturday a month. Further, the Town should put up a camera to monitor the site and put up a “No Dumping” sign announcing a penalty of $1,000. The amendment passed 5 to 0. The original motion as amended was approved 5 to 0.

7.    Executive Session (10:08 p.m. - 10:33 p.m.)

On a motion by CM Gourley and second by CM Dennison, the Council went into an executive session regarding a personnel matter. With matter discussed, the executive session was closed  at 10:33 p.m. on a motion by MPT Jewitt and second by CM Gourley.

Kerstin Harper, Town Clerk