Town of Berwyn Heights

Town Meeting Minutes

September 12, 2007

The meeting was called to order at 7:30 p.m. Present were CMs Dennison, Gourley and Lofgren. Mayor Calvo arrived at 7:40 p.m and Mayor Pro Tem Jewitt at 8:00 p.m. Also present were Town Administrator Murphy, Officer Walker Chapman, Clerk Harper, who arrived at 7:40 p.m., as well as Chair of the Education Advisory Committee (EAC) Ann Harris Davidson, Co-Chair of the Safe Streets Committee Sharmila Bhatia, Gazette reporter Marcus Ngbea and citizens.

CM Dennison led the pledge of allegiance.

1. Hearings

Quebec Street School zone (7:45 p.m. – 7:46 p.m.): CM Dennison explained that the Council at its last worksession approved the recommendation of the Safe Streets Committee to establish a 15 mph school zone on Quebec Street between 63rd Avenue and Cunningham Drive. This is intended to improve safety for students that use the Berwyn Heights Elementary School back entrance. Upon his arrival, Mayor Calvo said that the hearing on the Quebec Street school zone is one of 3 hearings scheduled for tonight. However, it is the only matter that is up for action. He invited residents watching the meeting on TV to call in with comments. Mayor Calvo explained further that local governments are authorized to establish school zones anywhere within ½ mile of a school. The 15 mph speed limit of a school zone, however, is only in effect during school hours. He opened the hearing and, there being no comments, closed the hearing.

Commercial Clean Lot Ordinance 7:49 p.m. - 8:00 p.m.): Mayor Calvo explained that currently Berwyn Heights' commercial and industrial zones are covered by the existing residential Clean Lot Ordinance, which does not always provide the best fit. The goal of the new Ordinance is to enforce the standards that apply to the commercial (CSC), industrial (I-2) and Metro overlay (MXT) zones that exist in Berwyn Heights. In addition, it attempts to ensure that all businesses maintain their properties on an ongoing basis. It sets up shorter compliance periods for routine maintenance, such as cleanup of litter, infestations, grass cutting and illegal vehicles and a program to deal with repairs to infrastructure, such as curbs, gutters, aprons and parking lots. He then opened the hearing.

Tom Watts, owner of Greenbelt Shell, said that there are some untagged and unregistered vehicles at his station which are in process of being inspected. He asked whether they are subject to fines with adoption of the new Ordinance. Mayor Calvo replied that the Ordinance does not seek to curtail permitted uses but prevent the storage of untagged or unregistered vehicles for extended periods of time. The Council will try to ascertain the right parameters for permitted storage of such vehicles and plans to have further conversations with business owners. Mr. Watts continued that the station also stores scrap tires, which, however, do not exceed the limit of 50 permitted by State law. Mayor Calvo said that the issue is not so much having scrap tires as how they are stored. The goal is to complement County and State law rather than contravene it. He asked Mr. Watts to provide TA Murphy with specific references to the law to which he adheres to help iron out problems in the Ordinance.

Martha Green, owner of the C. G. Trucking Company on Ballew Avenue, said that her business occasionally has trucks on her lot that are registered but untagged. She asked whether they would be in violation of the Ordinance and subject to fines. Mayor Calvo said that this should be looked into. Additionally, there may be questions about how many vehicles can be kept on a property and how the vehicles may be stored so as not be unsightly.

John Vecchiarelli, representing Jack Nazario, owner of the Weygandt Building, said that one of Mr. Nazario’s Ballew Avenue properties is leased to Petroleum Pipe Works, a road and infrastructure construction company. Construction equipment and materials are stored at the site, a use that is allowed in an I-2 industrial zone, the most heavy-duty of industrial zones. He asked if the Ordinance proposes to restrict the storage of such materials and equipment. Mayor Calvo replied that the Town may not restrict usage permitted under a particular zone, but can regulate aesthetics, how materials are stored and enforce correct usage. He invited Mr. Vecchiarelli to study the Ordinance and comment on sections that are perceived to have problems.

Building and Inspection Ordinance amendments (8:05 p.m. – 8:06 p.m.): Mayor Calvo explained that during the last budget process the Council raised the fee for Town construction permits, which necessitated revising the existing Ordinance. This led to a more comprehensive review of the Ordinance, including updating of existing regulations for dumpsters or roll-off containers and adding a section regulating Portable Temporary Storage Units (PODS). As with other recently revised ordinances, fees and fines were taken out of the Ordinance so as to be set by Council resolution. Mayor Calvo opened the hearing and there being no comments closed the hearing.

2. Minutes

Clerk Harper read a summary of the August 8 Town meeting minutes. On a motion by CM Dennison and second by MPT Jewitt, the minutes were approved 5 to 0 with corrections.

3. Treasurer’s Report

CM Gourley gave the Treasurer's report for the month of August.

4. Mayor’s Report

Mayor Calvo strongly criticized a recent Gazette article, which incorrectly stated that the Town intends to purchase properties in the industrial zone to expand its tax base. He said that this was a gross error with no basis in fact. He said that the story was fabricated entirely by the Gazette and that the Council has authorized the writing of a letter to the editor to demand an apology and correction.

Mayor Calvo continued that Berwyn Heights tomorrow will host a Four Cities Coalition meeting with several representatives of the Board of Education to discuss school capacity concerns in this area. Residents are welcome to attend. The Four Cities have had a number of discussions about school capacity in connection with AIMCO’s proposal to redevelop Springhill Lake and rebuild the elementary school, plans to renovate Greenbelt Middle School and loss of a planned northern high school. Solving the overcrowding in northern Prince George's inner Beltway districts requires long term planning to build new schools and expand or reprogram existing schools. Last Tuesday, Mayor Calvo attended Hello Huskies Night at Berwyn Heights Elementary School (BHES), proclaimed September as PTA month and joined the PTA. The event attracted an estimated 500 people and illustrates the effectiveness of the BHES PTA, which hosts the event.

Mayor Calvo further reported that the Council has taken initial steps to establish a pension plan. Cost estimates for joining the Maryland State Pension System have been procured, employees have been briefed and committees set up in each department to enable employees to participate in the decision-making process. The Town recently received a letter estimating the cost of joining the pension plan at 1/3 credit for past years service at close to $1.1 million. The Town might finance this down payment over 15 years at annual payments of approximately $109,000 or over twenty years at annual payments of $94,000.

The Town today received a response from Park and Planning to its request for adding several historic homes to the County Historic Register. One home is eligible to be added immediately as an architectural assessment has already been made and 2 others would be added after they have been assessed. Ann Harris Davidson was thanked for initiating the inquiries with Park and Planning, which has led to County Councilmember Olson drafting legislation to revive the historic preservation program. Park and Planning has also begun to explore the possibility of building a trail linking Nevada Street to the Indian Creek bike path, which has been in its CIP program for almost 10 years and is coming up for a hearing.

At its last worksession, the Council discussed an issue, more frequent of late, of large piles of trash being dumped at the curb or in the street when residents move out. In one recent case, the owners were billed $500 because they left a huge pile of trash in the street. That fee is not a fine but reimburses the Town for the cost of removal. The Council considered the possibility of changing the Refuse Collection Ordinance so as to require residents to make prior arrangements for the removal trash piles and, if that is not done, permit the imposition of fines.

Lastly, Mayor Calvo commended Public Works Director Coleman for proposing a mulch delivery program as a substitute for having a continuously open mulch pile and the Public Works crew for removing illegally posted signs in the right of way along Greenbelt Road and Kenilworth Avenue.

5. Department Reports

Administration: CM Gourley apologized for his absence during the last meeting due to surgery, and thanked employees for presenting him with fruit basket as a get-well gift. He continued with an update on revenues received during the previous month, which included some FY 2007 income tax receipts. Overall FY 2007 revenues were $2, 207,000. Mayor Calvo commented that actual income tax receipts have come very close to projections this year due to changes in how these projections are made.

Code Enforcement: On behalf of the Code Enforcement Department, MPT Jewitt reminded residents not to store appliances, tires, vehicle parts, tools, building materials, toys, etc. on front steps, driveways, porches, decks or the side of the house. These actions are violations under the Clean Lot Ordinance. Further residents were informed that satellite dishes may not be installed in the Town right of way. He concluded with a report of code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison announced an upcoming Ice Cream Social and Historical Committee meeting. She then reported several education news items. PTA president Beth Brittan-Powell attended the last Education Advisory Committee meeting and reported on the PTA program for this year, which features a new Weekly Reader program, outreach to parents, walk-a-thon fundraiser and technology night. The next Recreation Council event is a Children’s Halloween Party on October 27. Lastly, CM Dennison thanked Ann Harris Davidson for her efforts to restart the County historic preservation program and making the registration of additional Berwyn Heights homes possible.

Public Health and Safety: Officer Walker Chapman reported on police activities for Chief Murphy, who was at the Maryland Police Chiefs conference. He noted that there were no Part I offenses and reminded residents not to leave cars running unattended, a violation under State law. In other news, the Police Department continues to search for certified applicants for the 8th Officer position and has updated its website at www.berwynheightspd.com.

Mayor Calvo noted that Officer Chapman took over responsibilities as the Safe Streets Committee liaison and commended him for his valuable contributions.

Public Works: CM Lofgren reported that the main incident during the last month was the cleanup of a large trash pile spilling into Osage Street that residents had put out just before close of business for the Labor Day weekend. Police and Public Works determined that neither the littering law nor the Town's Refuse Ordinance provided the needed tools for enforcement. A volunteer Public Works crew, however, came in on Saturday and cleaned up the property and then billed the owners retrospectively for the cost of removal. The Public Works Department also proposed initiating a mulch delivery program in lieu of maintaining a continuously open mulch pile on Ballew Avenue, which has been abused by illegal dumping. Details of program still need to be worked out and will be published in the Bulletin.

6. Committee Reports

Education Advisory Committee: Chair of the Education Advisory Committee (EAC) Ann Harris Davidson reported that her Committee and the Berwyn Heights PTA are now cooperating closely. PTA President Beth Brittan-Powell briefed the EAC on planned activities for the next school year at last night's meeting. Ms. Davidson said that the BHES PTA is doing very well and its program could serve as a model for other PTAs in Prince George's County Public Schools. There is good news from Parkdale High School as well, which has added the critical languages of Chinese and Arabic to its language program, which already includes AP/IB Spanish and French. Russian was offered but canceled because only 4 students enrolled. Further, the EAC will collaborate with the College Park EAC and the University of Maryland's Institute for Minority Achievement and Urban Education to close the achievement gap of particularly male African Americans in standardized testing.

Ms. Davidson continued that PGCPS superintendent John Deasy at the last Board of Education meeting introduced new educational initiatives, which include expanding pre-K programs at all elementary schools and creating more schools with pre-K through 8th grade classes, which are now viewed as a more successful model for educating students in the middle years. These plans likely will become part of the discussion of what should become of Greenbelt Middle School as some of its feeder schools may no longer send students there if they become pre-K through 8th grade schools.

Historical Committee: Secretary of the Historical Committee (BHHC) Sharmila Bhatia announced that the Committee will hold its election of officers at its September 25 meeting. Also on the agenda is discussion of a BHHC museum that will be opened in the Town Office in a space recently donated by the Town Council. She and Committee member Hank Becker approached the Seniors Club for assistance in finding old photos, copies of which might be displayed in the museum, and to invite Seniors to participate in the oral history program run by the Committee.

Neighborhood Watch/Emergency Preparedness: There was no report.

Recreation Council: CM Dennison reported that a number of residents stepped forward to volunteer for the Recreation Council as a result of the Bulletin cover advertisement.

Safe Streets Committee: Co-Chair of the Safe Streets Committee Sharmila Bhatia reported that at the last meeting members consolidated and prioritized traffic safety concerns and then voted on them in a take-home survey. At tomorrows meeting the Committee plans to finalize its recommendations and is inviting residents to comment.

7. Unfinished Business

CM Gourley moved and CM Dennison seconded to postpone adoption of Ordinance Nos. 104 and 134 to the October Town meeting. CM Gourley thanked the Council for adding a provision to the Building and Inspection Ordinance while he was absent limiting the number of dumpster permits that can be issued to a particular property without Council approval. MPT Jewitt commented that the postponement of the adoption of both Ordinances will permit the publishing of synopses in the next Bulletin and provide additional opportunities for public input. The input received so far has been very constructive and worthwhile.

Mayor Calvo said that the Council went on a fact finding mission to the commercial and industrial districts as part of refining the proposed Commercial Clean Lot Ordinance, which proved to be instructive. The Code Department has already applied stricter enforcement to commercial properties but not industrial properties. The Commercial Clean Lot Ordinance will provide additional tools to better enforce violations as part of the transformation that will take place along Branchville Road as the Metroland development proceeds. CM Lofgren said that he is glad to have received input from some of the business owners tonight, which highlights the need to carefully study what types of uses are allowed within the different zones in Berwyn Heights. While it is agreed that all properties must cut their grass and pick up litter, it is less clear what can be done about untagged vehicles and storage of industrial materials and scrap. CM Dennison said that she would like to receive more input from businesses. CM Gourley agreed that it was good to take more time to finalize the Ordinance so as to allow for additional improvement. He thanked MPT Jewitt and TA Murphy for their efforts in refining the Ordinance. The motion to postpone adoption of the Ordinance was approved 5 to 0.

8. New Business

Quebec Street school zone: Clerk Harper read Resolution 12-2007 establishing a 15 mph school zone on Quebec Street. CM Dennison moved to adopt it. CM Gourley seconded. Mayor Calvo thanked the Safe Streets Committee for recommending this and said he believes that the school zone will improve safety as it raises awareness of the presence of students walking there. CM Dennison test drove Quebec Street at 15 mph and did not find it to be a problem. The Resolution was approved in 5 to 0 roll call vote.

9. Citizens Discussion

Ann Harris Davidson thanked CM Dennison for her support of efforts to improve public education options in Berwyn Heights and the Town Council for its help in getting Berwyn Heights historic homes added to the County Register. She further reported that she has had the opportunity to give a tour of Berwyn Heights to a group of students from the University of Maryland's Architecture, Planning and Historic Preservation Department. The Department offers a degree in historic preservation and has adopted Berwyn Heights as a study area. Further, she has been asked by Arcadia Publishing to complete and resubmit her “Then & Now” book proposal, which would publish photos of the Town showing how it has changed over time. When she did so in August, her proposal was enthusiastically received until Arcadia's marketing board learned that Berwyn Heights is a very small Town. A decision on whether to offer Ms. Davidson a publishing contract will be made on September 18. She is asking residents with historic photos to contact her so as to add to the pictorial history of Berwyn Heights.

The meeting was adjourned at 9:25 p.m.

Kerstin Harper, Town Clerk