Worksession Minutes

 September 4, 2007

The meeting was called to order at 7:04 p.m. Present were Mayor Calvo, Mayor Pro Tem Jewitt, CMs Dennison and Lofgren. CM Gourley had an excused absence. Also present were Town Administrator Murphy, Director of Code Enforcement Sonjia Solomon, Clerk Harper, Rafael Andres, Tony Nzekwe, and citizens.

1.    Mayor

Agenda: Mayor Calvo explained that the latest edition of the Greenbelt Gazette had an article about Berwyn Heights that was factually incorrect and asked to add an agenda item to discuss the article and possible letter to the editor. There were no objections

Field trip to Commercial District (7:10 p.m. - 8:20 p.m.): The Council, accompanied by  Director Solomon, TA Murphy and Clerk Harper, toured the industrial and commercial district of Berwyn Heights. The tour was intended to gain a first hand impression of the upkeep of the properties in the District and help in the drafting of a Commercial Clean Lot Ordinance. Among the problems encountered were storage of possibly hazardous materials and untagged vehicles, strewn trash, clutter and overfilled dumpsters, rodent and insect infestation, weeds and high grass growing in yards and in the pavement, as well as cracked and worn curbs, gutters, aprons, sidewalks and parking lots and broken fences. With a commercial clean lot ordinance in effect, properties with such defects could be penalized more effectively. Hazardous and unsanitary conditions would likely be fined more quickly than deteriorated infrastructure, which may require large investments in time and money to address. Infrastructure fixes should be brought to owners' attention and may include making a strategic plan and multi-year implementation. Industrial properties along Branchville Road and Ballew Avenue may eventually be redeveloped with the Metroland development going forward.

2 Code Enforcement

Variance request (moved up on agenda):  Mayor Calvo welcomed property owner Rafael Andres and his contractor Tony Nzekwe. Mr. Andres intends to build a two-story addition to the home at 8724 Edmonston Road, but must first obtain a variance for a pre-existing, non-conforming garage and carport side yard set back. Mayor Calvo said that the Town of Berwyn Heights, before it recommends approval of the variance request, is taking the opportunity to review the plans to ensure that they fit with the Town's character and do not cause problems for neighboring properties. He asked Mr. Andres to describe his building plans in more detail and explain the rationale for the addition.

Mr. Andres said that he bought the house 2 years ago and lives there with his wife and child. The house is too small, however, as it has only two rooms and no basement. The original plan was to push the back out 15' across the entire 36' width of the home and build a tow-story addition while adding a second floor to the existing house. However, he is now considering a less extensive addition, which would only push out the kitchen by 6' over its width of 20' and add a second floor. The goal is to enlarge the kitchen and have 1 master bedroom and 2 other bedrooms.

Mayor Calvo said that Mr. Andres' home is small but handsome. He is concerned that it might be turned into a “big box” that towers over its neighbors. He would like to ensure that the enlarged home remains attractive and fits with the rest of the Town. Mr. Andres said that he does not plan to build a “big box” and will strive to make the home look attractive. In response to other questions, Mr. Andres confirmed that he plans for the addition to be completed within 5 months and has financing and contracts in place. He and his family will be moving out during the renovation but hope to move back in as soon as possible. He has talked to his next door neighbors who have no objections to the project. Mayor Calvo reminded him to leave contact information and revised plans with the Town and not to park commercial vehicles in the street at night and on weekends during the construction.

Mayor Calvo invited Mr. Andres' neighbor, Kathy Henry-Rodgers, to comment. She said she had no objections to his plans.

MPT Jewitt moved to recommend approval of the variance request. CM Dennison seconded. Mayor Calvo said that Berwyn Heights has become more sensitive to the issue of renovations and when it has a chance to review building plans it will do so to ensure that it conforms to community standards. The motion passed 4 to 0.

At 8:45 p.m., the Council took a 10 minute break.

Announcements: A public forum on mansionization will be held September 5 at the M-NCPPC Administrative Headquarters to address the building of oversize homes in Prince George's County.

Calendar: No changes or additions were made.

Minutes:  Review of the August 20 worksession minutes was postponed.

Department Reports:  CM Dennison reported that Hello Huskies Night had great attendance and that the finished student mosaic was on display. She announced that Town committees are resuming meetings. The Recreation Council is looking for volunteers in the new year. The Historical Committee is starting to discuss plans for the museum that is to be opened in November. MPT Jewitt thanked Director Solomon for accompanying the Council on its tour of the commercial district.

Mayor Calvo reported that, after consulting with the Code Director and Chief Murphy, he asked Public Works staff to come in over the weekend and remove a large pile of trash that was left in the street after residents moved out. Besides exceeding the quantity limits for trash disposal, the pile also posed a safety hazard. The homeowner was billed for the removal after the fact. Mayor Calvo thought that there should also be fines for this type of incident, which would require a change in the residential Clean Lot Ordinance. CM Lofgren added that there was another trash pile on the other end of Town, which was almost as big, but it was not placed in the roadway. Current Ordinances don't allow for immediate removal or fining in that case. He agrees that there should be fines. Based on man hours, the removal cost is at least $500. MPT Jewitt said that removal cost and/or fine should be such as to discourage this kind of dumping.

Mayor Calvo further reported that he attended Hello Huskies Night and received a tour of the school from Principal Singer. Also, a prospect to fill the 8^th police officer position fell through and the search was resumed.

Citizen Comments: Mayor Calvo received a comment on trash removal fees, the unfinished home on 58^th Avenue and a rat problem near the Costa Allegre restaurant. CM Dennison received comments regarding a broken cross walk button and other safety issues regarding the pedestrian crossing on Kenilworth Avenue. The resident is requesting help in getting these issues resolved. Mayor Calvo commented that the Safe Streets Committee is compiling a list of safety issues that involve the State Highway Administration (SHA) including the Kenilworth Avenue/Pontiac Street intersection. Safety improvements to this intersection should be raised when a meeting is scheduled. The fixing of the cross walk button will be requested by the resident herself. MPT Jewitt received a comment on the Commercial Clean Lot Ordinance which proposed to authorize the Town to direct the repaving of parking lots and enclosing of dumpsters. Further, he received a comment about illegal immigrants in multi-family homes.

Letter to the editor (added item): Mayor Calvo said that he would like the Town to send a letter to the editor of the Gazette regarding an article incorrectly stating that the Town is planning to purchase properties in the industrial district and other mistakes. MPT Jewitt so moved. CM Lofgren seconded. The motion carried 4 to 0.

No changes or additions were made.

3.    Code Enforcement

Code appeal I: MPT Jewitt explained that the homeowner of 8311 Cunningham Drive sent a letter appealing a $100 fine for a high grass violation. The owner received a door hanger on July 12, a certified letter on July 19 and a $100 fine on August 6 with his yard remaining in violation. The owner admitted that the weeds in his yard were too high at the dates checked and apologized. He pleaded leniency, however, because he is a young, first-time homeowner and short of money and because he is in the process of renovating his house. Additionally, he has always promptly complied with notices from the Code Department to remain in good standing.

MPT Jewitt said that he is not inclined to waive the fine. The letter indicates that there have been other times when notices were left at this address. He moved to uphold the fine. CM Dennison seconded. The motion passed 4 to 0.

Code appeal II: MPT Jewitt explained that the owner of a rental home at 6209 Pontiac Street sent a letter appealing a $100 fine for a failed re-inspection the owner was informed of a list of items that needed to be completed within 30 days following an annual inspection of his rental home on March 12. The owner requested an extension of the re-inspection to allow for the installation of a new door dependent on delivery. However, the Code Department was not contacted to schedule a re-inspection until July 17 despite repeated calls by the Code Assistant. During the July 23 re-inspection, a $100 fine was issued because a bathroom exhaust fan was inoperable and tenant's rights and responsibilities forms had not been filed. Shortly after the re-inspection, the tenant representing the landlord called the Code Department to request tenant forms and to report that the exhaust fan was not broken but had to be operated in conjunction with the light to work. The Code Officer said that a demonstration needs to be arranged and extended the deadline for paying the fine to August 22.  Again, there was no attempt by the owner to schedule a re-inspection. However, on August 22 the Code Department received the missing tenant forms and a letter of appeal. In it the homeowner pleaded leniency because he did not know that new tenant forms were needed if the same tenants remained in the home and that the tenant who was present during re-inspection did not know how to operate the fan.

Mayor Calvo commented that the home owner and/or tenant let 3 months go by to schedule the re-inspection after requesting an extension. The Code Director was already lenient when she chose not to issue fines for renting without a license and for every missing tenant form. Mayor Calvo also said that the rental license application should request information on whether the rental home is owner-occupied or not and the rental owner's principal residence. MPT Jewitt moved to uphold the fine. CM Dennison seconded. The motion passed 4 to 0.

Ordinance No. 104 - Building & Inspection: TA Murphy reviewed the latest changes to the Ordinance. They included 1) replacing the term Office of Building Inspector with Code Enforcement Department were applicable; 2) replacing the term dumpster with roll-off container; 3) prohibiting the use of a roll-off container as a transfer station for waste from other sites; 4) adding aprons to Town property that might be damaged by roll-off containers; 5) limiting the number of portable temporary storage units (PODS) to one per property at a given time; 6) and  permitting a grace period of 5 days for new residents to get PODS permits. Further, the Code Enforcement Director recommends deleting section 10, which describes the administrative appeals process for fees and fines levied. Currently, any fees and fines not paid after 10 days will be collected as liens against the offending property owner.

Mayor Calvo commented that, if no appeals process is to be granted, then the violation should be designated as a municipal infraction from the beginning. CM Lofgren thought that there should always be an administrative appeals process when appeals relate to rules and regulations enacted by the Town. Courts are more inclined to rule in favor of the municipality if a case has already gone through an administrative appeal. Mayor Calvo said a property must still get a permit and pay the fee regardless of whether there is an administrative appeals process.

MPT Jewitt said that the Ordinance, as now written, does not spell out fines for improper use of dumpsters or PODs, such as wrong placement. Mayor Calvo agreed and proposed that Section 13 – Violations state that “violation of any provision of this Ordinance shall be subject to fines set from time to time by the Town Council.” MPT Jewitt further asked that Section 8 E be modified to take out the reference to the dollar amount of a $1,000 cash deposit for placement of roll-off containers in the roadway. The Council agreed to postpone adoption of the Ordinance to October.

Ordinance No. 134 - Commercial Clean Lot: TA Murphy explained the changes made to the Ordinance. The term dumpster was replaced by commercial garbage or refuse container or compacter. The word or was placed between the listing of abandoned, junked, wrecked, untagged or unlicensed motor vehicles to indicate that any or all of these are subject to fines. The word apron was added to curbs, gutters or sidewalks that need to be maintained by businesses in the Town right-of-way. Lastly, Section 7 R was added to hold businesses responsible for the repair of aprons, curbs, gutters or sidewalks in Town or State right-of-way if a safety hazard exists. In case repairs are not made, the Town is authorized to contract for repairs and bill the owner or file a lien again the owner's property. The section also holds businesses responsible for maintaining the landscaping in Town or State right-of-way.

Mayor Calvo recommended dropping the word or, except in the last instance, in the listing of illegal motor vehicles. He also objected to billing the owner for any repairs needed in the Town or State right-of-way because it may invite law suits. He would prefer fining businesses instead. The Code Department should establish a relationship with the businesses that have defective infrastructure. First broken or worn aprons, curbs, gutters and sidewalks should be brought to the owners' attention. Then an agreement might be worked out as to how and when repairs will be made. If repairs are extensive and resurfacing or replacement is needed, a business may be given several years to complete the project.

MPT Jewitt recommended incorporating the above Section 7 R into Section 7 F, which also deals with infrastructure maintenance and moving the landscaping provision in Section 7 R into Section 7 M. It was also agreed to differentiate between violations that can be remedied quickly, such as litter, infestations, high grass, overgrown shrubs and illegal motor vehicles and those that will take more time, such as infrastructure repairs, fencing and storm water management projects. Cross references to the relevant compliance periods and fines in Section 10 should be included in respective provisions in Section 7 as well. Further, a new provision should be added to Section 10 – Violations that deals exclusively with remedies for defective infrastructure.

CM Lofgren commented that requiring businesses to make infrastructure repairs in the Town right-of-way sets up a double standard with residential properties, where the Town takes on that responsibility. Mayor Calvo replied that he is mainly concerned about the curbs and sidewalks along Greenbelt Road, which are State Highway property. He asked TA Murphy to find out if SHA, and by implication the Town, has the authority to require businesses to repair infrastructure. It was agreed to schedule a hearing on the Ordinance during the upcoming Town meeting. Businesses will be sent notices tomorrow and the draft Ordinance will be posted on the Town website.

3.    Parks and Recreation

No items were discussed.

4.    Public Safety

No items were discussed.

5.    Public Works

Mulch guidelines: CM Lofgren explained that Director Coleman proposed to set up an on-demand mulch delivery program as an alternative to a public mulch pile and drafted related guidelines. Deliveries of mulch would occur on a weekly basis and may include a fee of $5.00 for 3 cubic yards. The mulch would be dropped off in an accessible location close to the street and no returns would be accepted.

Mayor Calvo thought that the proposal is a great solution to the difficulties of maintaining a public mulch pile and provides a valuable service. He supported the delivery fee because it likely limits the clientele to those who really want it. However, he would rather have the Town Office administer the program, with orders and payments taken there. In response to CM Dennison, TA Murphy said he inquired of Park and Planning about moving the mulch pile back to 56^th Avenue, but has not heard back yet. Council agreed to develop a mulch delivery program.

Kerstin Harper, Town Clerk