Town Meeting Minutes

October 10, 2007

The meeting was called to order at 8:00 p.m. Present were Mayor Calvo, Mayor pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Chief of Police Murphy, Treasurer Lape, Clerk Harper, as well as Chair of the Education Advisory Committee (EAC) Ann Harris Davidson, Chair of the Historical Committee (BHHC) Cheryl Jewitt, Chair of the Neighborhood Watch/Emergency Preparedness (NW/EP) Mike Attick, Gazette reporter Marcus Ngbea and citizens.

 Mayor Calvo led the Pledge of Allegiance.

1.    Hearings

Commercial Clean Lot Ordinance No. 134 (8:01 p.m. – 8:02 p.m.): Mayor Calvo said that the Council is holding hearings on two ordinances first introduced in August and up for adoption tonight. He invited citizens to comment and opened the hearing. As there were no comments, he closed the hearing

Building & Inspection Ordinance No. 104 (8:02 p.m. - 8:03 p.m.): Mayor Calvo opened the hearing. Mike Attick of 62^nd Avenue commented that the Ordinance requires portable temporary storage units (PODS) to be placed on hard surfaces only.  In many cases, this would mean that a POD must be placed on a driveway and may entail that more cars are parked in the street. He further noted that PODS are not rolled off trucks like dumpsters but are gently lifted into place. This might allow for placement on front lawns as damage would be negligible. With no further comments, the hearing was closed.

2.    Minutes

Clerk Harper read a summary of the September 12  Town meeting minutes. On a motion by MPT Jewitt and second by CM Dennison, the minutes were adopted 5 to 0 with corrections. Treasurer Lape offered a further correction. On a motion by CM Dennison  and second by MPT Jewitt, adoption of the minutes was reconsidered to allow the correction.

3.    Treasurer’s Report

Treasurer Lape gave the Treasurer's report for the month of September.

4.    Mayor’s Report

Mayor Calvo commented at length on an armed robbery that took place on October 2 around 10 p.m.  at night. Three armed men entered the home of a family in Berwyn Heights and robbed them at gun point. Upon leaving the home, they found the neighbors in the front yard and robbed them as well. There were no physical injuries but the perpetrators escaped. Mayor Calvo said that this is the most serious crime that has occurred in his time as Mayor and a wake-up call to the community. While Berwyn Heights continues to enjoy a low crime rate, the Town's police force has been authorized to implement additional safety measures, including more overtime and patrol time. Further, a letter was sent to all residents to inform them of the incident so that they can improve the safety of their homes. Residents are encouraged to be watchful and report any suspicious behavior. Chief Murphy stands ready to talk to residents who want to share any concerns and to give advice on how to improve home security.

Mayor Calvo continued that there is good news regarding the Seminole Street project. After initially rebuffing Berwyn Heights' request to perform core drills to test the quality of newly resurfaced Seminole Street, WSSC's inspectors have acknowledged that core drills commissioned by Berwyn Heights show substandard work. The WSSC contractor has been ordered to redo the street. The work is likely to take place next spring and will be combined with a complete renovation of the 5600  - 5800 blocks of Seminole and Ruatan Streets.

Mayor Calvo reported that the Council participated in a Four Cities Coalition meeting with the Board of Education to discuss school capacity issues in the Northern Inner Beltway communities. One of the outcomes was agreement to set up a County-wide school capacity task force to study overcrowding and recommend solutions. Further, Superintendent Deasy has proposed expanding the number of pre-K through 8^th grade schools in the County as a way to more effectively educate young adolescents. This would generally reduce the number of students in middle schools and would make Greenbelt Middle School less crowded. Berwyn Heights Elementary School (BHES) is among those considered for conversion. Many parents are excited about the prospect and are encouraged to become involved in the PTA and Education Advisory Committee (EAC) to make their views known. The Town Council plans to take a stand on the issue at the next worksession.

Lastly, Mayor Calvo related that review of the Commerce Bank proposal has been postponed until January 2008 and that two block parties were held last weekend.

5.    Department Reports

Administration: CM Gourley reported that the Town audit has begun, that the Town Offices are about to be painted and new carpets to be installed. He thanked Public Works and Administration employees for helping to move furniture and boxes to make the painting possible. He then gave a report on the FY 2008 revenues received to date.

Code Enforcement: MPT Jewitt reminded residents to keep their grass cut, to store fire wood in the manner prescribed in Ordinance No. 107 and to clean up after pets when they are taken for walks. He concluded with a report on code violations for September.

Parks and Recreation, Education and Civic Affairs: CM Dennison thanked the Seniors for hosting the Ice Cream Social. She announced that a children's Halloween Party will be held on October 27 and the Tree Lighting ceremony on December 8. The Recreation Council at its last meeting discussed the establishment of a Berwyn Heights marching band. Members likely would be drawn from the Parkdale High School band, Berwyn Heights Elementary School students, the University of Maryland marching band as well as individual Berwyn Heights musicians. The next meeting will be held on November 1.

In other news, BHES students held their yearly walk-a-thon and raised $5,600 for the PTA; on October 27, the PTA has organized a paper recycling day sponsored by real estate agent Sharon McCraney. The Berwyn Heights Men’s League has begun signing up participants for the winter basketball league, while the Boys & Girls Club will hold its annual Awards Banquet this Sunday at Sports Park. Lastly, CM Dennison noted that, at the Berwyn Heights Historical Committee (BHHC) meeting, new officers were elected and plans for a museum discussed.

Public Health and Safety: Chief Murphy gave the police activities report for September. There were 11 Part I offenses, which is below the 5-year average of 10.8 for the month. Part I offenses for the year to date stand at 92, which is also lower than the 5-year average of 106. Further, Officer Michelle Bennett was promoted to Private First Class after successfully completing her probationary period and Officer Walker Chapman was promoted to Corporal. Chief Murphy concluded with highlights from press releases and commented on the October 2 armed robbery. He said that the officers charged with keeping Berwyn Heights safe have pledged to be doubly diligent on their patrols to prevent this from happening again. He has received many comments on the letter sent out last weekend to inform residents. Most expressed support for Berwyn Heights police and some requested input on how to improve personal home security. Chief Murphy said he continues to welcome comments and inquiries and is available for consultations on how to improve home security.

Public Works: CM Lofgren reported that the Public Works crew, helped by the warm weather, was able to complete many painting projects over the last month and mowed the grass strip along Ballew Avenue. Meetings were held about employee's performance evaluations and improving special trash collection procedures.

6.    Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson reported that last night's EAC meeting was subordinated to Superintendent Deasy's first ever state of Prince George's County Public Schools address at Herbert Wise High School. The address highlighted progress in a number of areas, including more teachers with advanced certification, more Advanced Placement (AP) courses, with a core course of eight AP classes offered at each County high school, and more students taking AP classes and SAT exams. PGCPS has drafted 3 different scenarios for expansion of pre-K – 8 schools, in 2 of which BHES would become a pre-K – 8 school. Hearings on the proposals are to be held within the next few weeks and a Board vote may take place as early as November. Ms. Davidson said she would welcome the Council taking a position on the matter and encouraged parents to weigh in on the proposals in hearings. She said that Greenbelt Middle School is proposed to remain a middle school but stands to loose students as some of its feeder schools are likely to convert to pre-K - 8 schools.

Lastly, Ms. Davidson announced that the EAC will hold elections for Chair, Vice Chair and Secretary in January. Nominations are open and anybody may volunteer for a position. Meetings are held on the 2^nd Tuesday of each month.

Historical Committee: Chair Cheryl Jewitt reviewed last year's accomplishments, including a first time historical bus tour of Berwyn Heights and the award of an Anacostia Trails Heritage Association (ATHA) grant. Thanks to the Council providing a room, a museum will be established in the Town Office. At the last meeting, the Committee voted to re-elect herself as Chair, Sealani Weiner as Vice-Chair and Dick Ahrens as Secretary. Sharmila Bhatia was thanked for her service as Secretary over the last two years. Ms. Jewitt announced that Morris Wilcott, coordinator for Veterans Oral History project at the College Park Aviation Museum, has been engaged as a guest speaker at the October 23 meeting to share his expertise on oral histories.

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick thanked Mayor Calvo for an email briefing him on the October 2 armed robbery and the Chief for detailing Officer Bennett to last week's NW/EP meeting.

Recreation Council: CM Dennison re-iterated that the Halloween Party will be held on October 27, not on October 17, as was wrongly stated in the last Bulletin.

Safe Streets Committee: Mayor Calvo said that the Committee is awaiting the report of the Traffic engineer and will reconvene in November.

7.    Unfinished Business

Commercial Clean Lot Ordinance No. 134 - 2^nd Reading & Adoption: Clerk Harper read highlights of the Ordinance. MPT Jewitt moved to adopt it. CM Gourley seconded. MPT Jewitt outlined the main elements of the Ordinance, which sets up standards specific to the maintenance of commercial properties. The Ordinance is designed to work within the larger framework of County and State regulations. Care was taken to ensure that its requirements do not conflict with the uses allowed in the commercial and industrial zones of the Town. The latest version offers a differentiated system of penalties for different types of violations ranging from a 5 day compliance period for addressing unsafe and unsanitary conditions to 15 and 30 day compliance periods for violations that take longer to address. Building and infrastructure repairs may extend beyond the 30 day compliance limit, if a plan to address a related violation has been agreed upon between the Town's Code Director and the business.

Mayor Calvo and CM Gourley thanked Code Director Solomon and TA Murphy for putting a lot time and effort into drafting and revising the Ordinance. The product is an Ordinance that provides new tools and unearths existing regulations that will help create a better looking and safer commercial district. With no further comments, the Ordinance was adopted in a 5 to 0 roll call vote.

Ordinance No. 134 Fee & Fine Schedule Resolution: On a motion by CM Dennison and second by MPT Jewitt, the Resolution was considered read. MPT Jewitt moved to adopt the Resolution. CM Dennison seconded. Mayor Calvo explained that the Resolution outlines the fees and fines corresponding to the system of violations and penalties set up in the Ordinance. While the dollar amounts of the fees and fines remain at previous levels - $100 for the first violation and $200 for violations that remain uncorrected - the compliance periods have changed. Thus, for certain violations, shorter compliance periods lead to fines being imposed more frequently. There were no comments. The Resolution was adopted in 5 to 0 roll call vote.

Building & Inspection Ordinance No. 104 - 2^nd Reading & Adoption: Clerk Harper read a summary of the Ordinance. MPT Jewitt moved to adopt it. CM Gourley seconded. MPT Jewitt explained that revision of this Ordinance was triggered by the Council's budget decision to adjust Berwyn Heights' building permit fee to match the County's. Other changes made include updates of language to reflect the current usage, tightening of provisions on dumpster (or roll-off-container) permits, adding a section on portable temporary storage units (PODS) and enhancing the appeals process.

Mayor Calvo added that the Ordinance also has new provisions to prohibit the use of dumpsters for importing refuse from outside the Town. The higher building permit fee helps to pay for the cost of enforcing building codes.

CM Dennison noted that Mr. Attick had pointed out that limiting the placement of PODS to hard, paved surfaces and at a 4' side yard setback from neighboring properties may prevent some residents from being able to use them. There are properties that have no driveways or share them with neighbors. MPT Jewitt replied that in such circumstances the resident who wants a POD should talk to his neighbors and to the Code Department to find a solution. If there is no driveway, the resident might need to apply to the Town Council to get permission. However, there is no provision in the Ordinance that expressly deals with this issue. CM Dennison suggested postponing adoption of the Ordinance to fix this problem.

Mayor Calvo said that he is opposed to allowing PODS to be placed on grass because they might not be secure. He agreed that there should be a means to apply for exceptions with the Council, however. CM Lofgren suggested that Section 11, which provides for the Town Council to settle questions of interpretation of the Ordinance, might be tweaked to authorize the Council to grant exceptions. Mayor Calvo responded that he favors creating a new provision for exceptions and postponing adoption to make the change. CM Dennison so moved. CM Lofgren seconded. MPT Jewitt objected to delaying the Ordinance from becoming effective because it would further delay implementation of the new building permit fee.

CM Dennison argued that postponing adoption would also allow the Council to resolve the issue with the Exemption and Approved Conditions Penalty Fee in the accompanying Resolution, on which there is disagreement. Beyond that, she would prefer to authorize the Code Director to make some of the decisions on exceptions rather than have them come before the Council each time. Mayor Calvo commented that he prefers providing the Council with the authority to grant exceptions. However, the Code Director should be able to issue permits if neighbors consent to placing a POD less than 4' from their property line. Mayor Calvo and MPT Jewitt said they would be prepared to adopt only the Fee & Fine Schedule Resolution while postponing adoption of the Ordinance. CM Gourley said that he would like to proceed with adopting the Ordinance as well. The motion to postpone adoption of Ordinance No. 104 passed 3 to 2 with MPT Jewitt and CM Gourley opposed.

Building & Inspection Fee & Fine Schedule Resolution 10-2007: On a motion by MPT Jewitt and second by CM Gourley, the Resolution was considered read. MPT Jewitt moved to approve the Resolution. CM Gourley seconded. Mayor Calvo explained that the Resolution would implement fees for building permits, roll-off-container permits and POD permits and fines for associated violations. He further noted that the Council at its last worksession could not agree on the procedure for granting extensions to the 60-day POD permits and penalties for violations. Thus two versions of the Exemption and Approved Conditions Penalty Fee clause are included in the Resolution. In the first version, a fine of $50 per week would be imposed if a permit holder fails to apply to and receive from the Town Council an extension of his POD or roll-off-container permit. In the second version, a fine of $25 per week would be imposed if a permit holder fails to apply to the Town Council for an extension of his permit. Mayor Calvo emphasized that under the second version, a permit holder would not have to pay a fee or fine until the Council hears his appeal, typically within 2 weeks.

CM Lofgren commented that those applying for an extension already have paid for a permit and have a POD on their property and simply require more time. As the Council may not be able to meet for a couple weeks from the date of application and grant a permit extension, the resident would receive fines in the interim. This is why he favors requiring that a resident merely apply for a permit extension. On the whole, CM Lofgren would prefer to postpone adoption of the Resolution as the Council may spend considerable time arguing the fine points of the above provision.

MPT Jewitt stated for the record that he is opposed to the changes made to the POD permit fee in his absence, which was reduced from $35 to $25 per month. He also didn't like that a resident applying for permit extension beyond the 60-day limit would not have to pay any fees until his appeal is heard by the Council. CM Dennison moved to postpone adoption of the Resolution, CM Lofgren seconded. The motion passed in a 3-0-2 vote with MPT Jewitt and CM Gourley abstaining.

8.    New Business

Nevada Street Trail: Mayor explained that 2 alternative trails have been proposed by the Maryland-National Park & Planning Commission (M-NCPPC) to connect Nevada Street to the Indian Creek Trail. Alternate 1 goes west from Nevada Street and connects with the Indian Creek Trail by traversing a flood plain. This alternative is more expensive at $115,000 because it would require a boardwalk. Alternative 2 goes south from Nevada Street to a trail that connects College Park Estates to Lake Artemesia. This alternative is less expensive at $85,000 and would improve an existing footpath. However, the CIP budget only appropriates $50,000 and neither alternative would be built this year. Additional funding needs to be procured.  Mayor Calvo said so far the Town has received 5 emails supporting alternative 1 and 1 email supporting alternative 2. 

Mike Attick supported alternative 1 because he believes it would get more use. CMs Gourley and Dennison supported alternate 2 because it would be cheaper and would have less impact on the forest. Mayor Calvo and MPT Jewitt supported alternative 1 as it provides an additional amenity. Mayor Calvo said that the Council would consider additional comments at the next worksession and then take a position.

9.    Citizens Discussion

Mike Attick said that as NW/EP chair he received many comments on the October 2 incident, including why County police was first to respond and whether a Berwyn Heights officer was on duty at the time. He also commented on incidents at BHES, Sir Walter Raleigh and a recent trash collection controversy. He asked if Police and Public Works employees are discouraged from talking to residents, why Police officers have not attended NW/EP meetings on a regular basis, why the take-home car policy is not readily available, if the meeting tapes are being edited, and why has it become difficult to obtain information about Town affairs.

Mayor Calvo replied that the officer on duty was out sick, that Mr. Attick was briefed on the incident and that his input was requested on the letter to residents. There are no restrictions on employees talking to residents or making policy documents available to them. He suggested that there might be better ways to get answers to some of the questions than raising them at a Town meeting. He agreed with Mr. Attick that the Refuse Collection Ordinance is poorly drafted.

Ann Harris Davidson of 58^th Avenue said that she supports the attempt to form a Berwyn Heights marching band, adding that a joint Berwyn/Berwyn Heights band was in existence from 1898 to 1930. She reported that the Apartment Management and Investment Corporation (AIMCO), which seeks to redevelop Springhill Lake, recently lost a lawsuit regarding the redevelopment of a garden apartment complex in Los Angeles. She passed on recommendations to install motion sensing lights around the house rather than leaving porch lights on at night.

Ms. Davidson continued that Arcadia Publishers have accepted her proposal for a Then & Now book on Berwyn Heights. She thanked Mr. Chlopicki for providing a historical photo that is adequate for the book cover. She also asked if the Town's letter of support for adding certain Berwyn Heights houses to the County Historic Register has gone out and whether she could have a copy.

Cheryl Jewitt of Natasha Drive proposed to switch heavy trash day to Monday/Tuesday so that residents can put it out over the weekend. She also suggested publishing photos of Department Directors on Channel 71 and occasionally in the Bulletin.

Carmen Greenwell asked Chief Murphy what was stolen in the armed robbery of October 2, if the victims called 911 and whether there were any deliveries made to the home prior to the incident. Chief Murphy said that Prince George's County Police as the investigating agency is responsible for press releases and giving out more detailed information. However, he thinks there is no reason to believe that the residents were targeted.

Joan Hayden of Seminole Street commented that community policing should be re-activated in light of the recent incident so that police and residents get to know each other better. Further, she proposed for Councilmembers to attend NW/EP meeting to show their interest in having a viable Neighborhood Watch.

Mr. Attick asked who the lead investigator in the armed robbery is. Chief Murphy said he has to inquire about that. Ms. Hayden asked how a resident should get in touch with police if the non-emergency dispatch does not respond or puts the resident on hold. Mayor Calvo recommended calling back later or making a judgment call as to whether 911 should be called. Ms. Greenwell forwarded a comment that the Police website has not been updated in a while. Chief Murphy said it was updated within the last couple of months.

The meeting was adjourned at 10:55 p.m.

Kerstin Harper, Town Clerk

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