Worksession Minutes
October 15, 2007

The meeting was called to order at 7:05 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. Also present were TA Murphy, Clerk Harper, Funk & Bolton Representatives Chip MacLeod and Lindsey Rader, College Park Mayor Steve Brayman, Isabel and Christian Morrow and citizens.

1. Mayor

Announcements: Maryland State Senator Cardin issued invitations to municipal leaders to tour the US Capitol in Washington, D.C. The Maryland National Park and Planning Commission (MNCPPC) will hold a meeting on developing new zoning tools on October 17 at the Sports and Learning Complex in Landover.

Calendar: The Council reviewed the calendar. No changes were made.

Minutes: The Council reviewed the October 1 worksession minutes. On a motion by CM Dennison and second by MPT Jewitt, the minutes were adopted 5 to 0 with corrections.

Department reports: CM Dennison reported that she attended the Boys & Girls Club Awards banquet yesterday, which took place at Sports Park to accommodate a larger crowd. The weather cooperated and the new format worked well. CM Gourley reported that the auditors have completed their field work. CM Lofgren reported that he received an inquiry regarding Gorgeous Prince George’s planting scheduled for October 13. TA Murphy clarified that he had ordered trees, shrubs and bulbs, including some for Berwyn Heights Elementary School (BHES). The Public Works crew picked up the order. However, BHES had submitted a separate order and wanted to know if Public Works could pick it up as well. MPT Jewitt reported that the Code Department issued a number of high grass violations and ordered one (1) abatement.

Mayor Calvo reported that WSSC agreed to work with its contractor to redo the 5700 block of Seminole Street and has requested the results of core drills commissioned by Berwyn Heights. The core drills had been ordered to test the thickness of the asphalt and the type and thickness of the sub-base materials used to renovate Seminole Street after last year's water main replacement. Further, the Council office was moved from the front of the Administration Building to a larger room in the rear. The Historical Committee will convert the old office into a museum. Chief Murphy is attending the Maryland Police Chiefs conference and has left Detective Sergeant Antolik in charge. The Police Department is still interviewing for the 8th officer position.

Agenda: The merit pay discussion was moved up to the Mayor’s agenda.

Citizen comments: Mayor Calvo received many comments regarding a recent break-in, a letter informing residents about the incident and how safety in Berwyn Heights can be improved. Many residents said that they would like to see an increase in patrols. He also received comments about the planned renovation of Seminole and Ruatan Streets, the leaf collection process and recycling of cardboard boxes. CM Dennison and MPT Jewitt also received comments about the break-in and its circumstances. Additionally, MPT Jewitt received comments about a proposal to move heavy trash pick up to Monday and Tuesday. He asked CM Lofgren to discuss it at a future worksession. CM Lofgren received a comment about the County Historic Preservation Program.

Mike Attick of 62nd Avenue asked if it has been considered that residents might approach a decoy police car for assistance only to find that none is available. Mayor Calvo replied that numbers to call for assistance are painted on the side of the car. The placement of a decoy on Town streets is a temporary measure to increase police presence.

Pension plan presentation: Mayor Calvo welcomed Chip McLeod and Lindsey Rader of the law firm of Funk & Bolton and explained that the Council for several months has discussed setting up a pension system for its employees. It is now considering joining the Maryland State Retirement Pension Plan in July 2008. However, the initial cost of joining is more than the Town can afford to pay out of pocket. Thus it is exploring the possibility of a bond issue to finance the entry.

Mr. McLeod said that many other Maryland municipalities have done what Berwyn Heights is contemplating since recent changes in the law permit municipalities to join the Maryland State Pension Plan on the basis of partial credit for prior years’ service. Often they have chosen to finance entry into the pension plan by issuing bonds because the interest rates are lower than those charged by the State Pension Board. Mr. MacLeod recommended issuing a bond on a taxable as opposed to a tax-exempt basis because it is less complicated and time consuming. However, the process of borrowing in the capital markets may require changing Berwyn Heights´ Charter to allow private sale authority.

Ms. Rader detailed the process of issuing municipal bonds and attendant legal requirements. She said that since a 1986 change in the IRS code, it has become harder for municipal corporations to issue tax-exempt bonds, which had the lowest interest rates. Now, in order to obtain the lowest interest rates, municipal corporations frequently invite bids from private lending institutions. However, this requires that the municipality has private sale authority in its charter provisions. A municipality that has private sale authority and wishes to issue bonds must adopt a bond ordinance authorizing the issue and setting forth the purpose, amount and security of the bond. Then bond counsel prepares a solicitation letter also setting forth the parameters of the bond, which is sent out to lending institutions requesting bids. Once a municipality has established a presence in the market, the sale can also be advertised electronically. There ensues a period of competitive negotiation with interested lenders to obtain the best possible terms. Ms. Rader said that bond counsel can help with all aspects of the bond issue, from charter amendment to the bond ordinance and particularly the process of inviting bids and negotiating with financial institutions. When a bid is settled upon the Town then passes a bond resolution that fixes the details of the bond.

Mayor Calvo clarified the relevant points and asked what interest rates Berwyn Heights can expect. Ms. Rader replied that for a $1,065,000 bond with a 15 year maturity the interest is 6.15% per year and with 20 year maturity 6.36%. However, rates can change on a daily basis. At the above quoted rates, the Town can expect to pay off $109,000 per year for the 15 year maturity bond and $95,000 per year for the 20 year maturity bond. If the Town chose to join the Pension System on the basis of  ½ of prior years’ service, the annual payments would rise to $126,000 and $109,000, respectively.  The cost of using bond counsel would be added to the cost of the loan and is split into a $1,700 fee for the charter amendment and $8,500 for preparing and negotiating the public sale of the bond.

MPT Jewitt asked if and when the Town could begin prepayment Mr. McLeod said that lenders typically permit prepayment beginning in year 8 of the loan but that the Town could make a prepayment option part of its request for proposals or negotiate the issue with the lender from which it intends to borrow. However, the Town would likely face a premium or higher interest rate for prepaying on the principal. Alternately, Berwyn Heights could do a two-part loan, one to finance a base amount with a lower rate and a higher interest bridge loan for the receipt of the lump sum payout from Metroland developers. Mayor Calvo thanked Ms. Rader and Mr. McLeod for providing a lot of useful information, which the Council needs to further discuss.

Nevada Street trail hearing: Mayor Calvo said two alternate trails have been proposed. Alternative 1 heads due west and connects Nevada Street directly with the Indian Creek trail. This trail is shorter but more expensive at $114,000. It would require extensive board walks where it crosses wetlands. Alternative 2 heads south-west and connects Nevada Street with a trail leading from College Park Estates to Lake Artemesia. This trail would improve an existing footpath and be less expensive at $85,000. However, Park and Planning has only appropriated only $50,000 for FY 2009. Additional money is needed for either option. So far, more residents have favoured alternative 1.

Mayor Calvo invited those present to comment. Dean Suagee of Swarthmore Drive said that he and his wife prefer alternative 1 as the more direct route. Hank Becker of Cunningham Drive said that he prefers alternative 1. The existing footpath would remain.

Mayor Calvo and MPT Jewitt said they preferred alternative 1 because it would create a new amenity. The trail leading to the College Park Estates access trail would continue to exist. Further, some residents of College Park Estates have objected to trail option 2 because it would be too close to their back yards. College Park Mayor Brayman noted that the option Berwyn Heights and College Park can agree on is more likely to get funded. CMs Dennison, Gourley and Lofgren preferred alternative 2 because it is less expensive and has a better chance of being built and would have less environmental impact. CM Gourley moved to support trail alternative 2. CM Dennison seconded. The motion passed 5 to 0.

At 8:40 p.m., the Council took a 10 minute break.

2. Public Works

Refuse collection appeal, continued: Mayor Calvo explained that at its last worksession, the Council heard an appeal regarding the collection of concrete but could not reach a decision because it was stalemated with MPT Jewitt on vacation. He asked MPT Jewitt, who since his return has reviewed the meeting tape, to give his opinion. MPT Jewitt said that there were a number of problems with how the situation was handled and with the Refuse Collection Ordinance itself. He concluded that the Town should take responsibility for these problems and pick up the concrete from the property without, however, refunding the money the residents paid for the removal. At the same time, the Council should review the Ordinance to spell out the process for requesting the Town's removal service and itemize the materials that will not be picked up.

MPT Jewitt moved to proceed with removal of the concrete without refund of payment. CM Dennison seconded. CM Lofgren commented that he will support the motion if the residents agree to place all concrete at the curb, including a pile sitting in the middle of the yard. He noted that Public Works has already removed a large pile of bulk refuse, which was included in the initial price quoted for the removal and paid for by the residents. The motion passed 5 to 0.

The residents, who were present to learn the decision, said that they had already paid a hauler to have all the concrete removed in a good faith effort to work with the Town. On a motion by MPT Jewitt and second by CM Gourley, the previous motion was reconsidered. MPT Jewitt moved to refund the $250 to the residents. Mayor Calvo seconded. The motion passed 3 to 2 with CMs Gourley and Lofgren opposed. Appellants stated that they would like to donate the refund to the Town. Council suggested that they donate to the PTA or other Town group instead.

Merit pay (moved up on agenda): TA Murphy explained that this Council's goal has been to award merit pay according to a pay scale that is fair and affordable. This year there were too many employees in the top merit category for a genuine bell curve. If all top-rated employees were paid the top merit increase, it would exceed the $15,000 merit pay budget. Thus he suggests redrawing the cut-off lines for merit categories in the following manner:

Mayor Calvo proposed to put the cut-off line between merit category II and I at 4.0 rather than 3.9 as this would make the numbers of employees in each merit category an even 6.  Otherwise he would suggest adopting the scheme as proposed to be effective November 1. MPT Jewitt so moved. CM Dennison seconded. The motion passed 5 to 0.

3. Administration

Bulletin cover: The following items were selected for the November Bulletin cover: Thanksgiving, Tree Lighting, Neighborhood Watch and public safety banner.

Town Organizations in Bulletin: CM Gourley proposed that a list of Town organizations and their contact numbers be published together in the Bulletin. This would help residents get in touch with the various groups and may increase volunteerism. The Council agreed. A small ad with each Town organization's contact info will be placed on page 2 in the Bulletin. MPT Jewitt proposed to standardize Page 2 of the Bulletin, as is done with the back page. CM Dennison suggested that this information also be placed on the website.

Building & Inspection Ordinance: Mayor Calvo explained that at the last Town meeting the Council voted to postpone adoption of the Ordinance because a concern was raised that the Ordinance was too restrictive regarding the placement of Portable Temporary Storage Units (PODS). Currently, the Ordinance requires that PODS must be placed on a hard, paved surface and set back 4' from neighboring properties. This could make it difficult to place them on shared driveways, which are often the only hard surfaces in a yard. Thus, the Ordinance should provide for a waiver of the 4' setback requirement if the neighbors consent to it and a code official confirms the consent. Secondly, the Ordinance should also provide the possibility of appealing to the Town Council for an exemption from POD placement requirements under special circumstances, as is done with respect to on-street parking of commercial vehicles. TA Murphy was asked to incorporate those provisions into Ordinance.

CM Dennison commented that there are a lot of properties in Town that will not be able to use PODS because they don't have driveways. Further, she believes that requests for exemption from POD placement requirements should be handled by the Code Department, not the Town Council, because it could do so more quickly. Mayor Calvo maintained that there should be no exemptions from placing PODS on hard paved surfaces, because that is the safest place.  MPT Jewitt noted that the Ordinance has a provision that he believes could be loosely interpreted to give the Council authority to make exceptions for non-conforming placement of PODS. He further believes that this authority should not be delegated to the Code Department. CM Lofgren said that he has no problem being more loose regarding the placement of PODS, especially since there are already limitations on how long a POD can be in a yard.

Building & Inspection Ordinance Fee & Fine Schedule: Mayor Calvo said that the Council previously agreed to limit the time a POD can be on a property to 60 days and after that it would be treated as a violation. Council disagreed, however, on the parameters of the appeals process. If an extension beyond the 60 day limit were requested from the Town Council, the resident would not have to pay any fees until the date the Town Council hears the appeal. Mayor Calvo therefore proposed instead to disincentivise extending POD permits by charging a higher fee after the 60 day deadline. Nonetheless, an appeal to the Council for an extension can still be made under special circumstances. MPT Jewitt said that he was particularly concerned to allow residents to appeal the 60 day deadline before it is up and to be clear up front about the higher fee after the deadline. However, if the appeal is denied the resident must pay the higher permit fee of $25 week.

CM Lofgren said this is a good compromise and avoids the adversarial approach inherent in making it a violation to have a POD longer than 60 days. In fact, this approach might be applied to other code violations. The Town should consider that residents who need the POD may have other problems that are more pressing than requesting an extension.

MPT Jewitt said that he would also like change the POD permit fee to make it the same as the dumpster permit fee. He moved to raise the POD permit fee from $25 per month to $50 per month. CM Lofgren seconded. The motion passed 4 to 1 with CM Dennison opposed.

4. Public Safety

Public Safety discussion: Mayor Calvo said that he wanted to have a discussion about public safety with the Council following the break-in on Edmonston Road.  He has received many comments from residents, who were informed about the incident in a special mailing. A large number expressed the opinion that there should be more patrolling of Town streets. Chief Murphy has related these concerns to his force and sent out a memo outling patrol procedures. In addition, a rule was adopted requiring officers to patrol each street in Town at least once in a 10-hour shift and to note this in their log. Further, Chief Murphy is looking into ways to reduce officer administrative time.

Mayor Calvo continued that a number of citizen comments were received on a police car decoy placed around Town following the break-in. While residents are likely to recognize that they are decoys, people from out of Town may be deterred from breaking traffic rules or committing crimes. Other ideas on how to deter crime included the posting of signs at Town entrances announcing that the Town is patrolled by Berwyn Heights police and   Neighborhood Watch. Residents might also be called upon to join the Neighborhood Watch.

CM Gourley said that he supports the deployment of decoys, especially in locations that have been identified as having a lot of traffic violations. MPT Jewitt said that decoys could be more effective if officers increased enforcement in the surrounding area. He also likes the accountability measures that have been put in place about patrolling Town streets. However, he believes that the honor system is sufficient at this point. In larger cities with their own police dispatchers, a GPS tracking system might be appropriate and effective. CM Dennison said she believes more patrols in Town would be helpful, including an occasional drive-around by Chief Murphy. Additionally, she would like to have more events at which residents can get to know the officers and ask them questions. CM Lofgren thought that the decoy was a good first step.

In conclusion, Mayor Calvo said that one of the best defences against crime is for neighbors to know each other and look out for each other. He is interested in finding ways to promote that. Further, he plans to ask Chief Murphy to come in for a worksession to discuss the issue.

The meeting was adjourned at 10:30 p.m.

Kerstin Harper, Town Clerk

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