Worksession Minutes
November 5, 2007

The meeting was called to order at 7:04 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Town Administrator Murphy, Clerk Harper, Education Advisory Committee (EAC) Chair Ann Harris Davidson, Vladimir Jirinec and citizens.

1. Mayor

Announcements: CM Dennison announced that residents Zelda Bell and Pat Blankenship received an award from Prince George's County for their work on cleaning up Indian Creek.

Calendar: The Council reviewed the calendar and finalized November 29 as the date for the State Delegation legislative dinner.

Minutes: There were none.

Department reports: CM Gourley and TA Murphy reported that a draft of the audit has been completed, will be reviewed by the Town and then finalized. CM Dennison reported that the Halloween party went very well and thanked all those who helped with cleaning up. The Tree Lighting will take place on December 8 at 6:30 p.m. and features a surprise. CM Lofgren announced that Director Coleman will return to work tomorrow after completing back surgery. Mayor Calvo reported that Chief Murphy will be on vacation until next Wednesday. Halloween went smoothly. Officer Young has been assigned as liaison to the Neighborhood Watch/Emergency Preparedness (NW/EP). The Safe Streets Committee Co-Chairs, TA Murphy and Mayor Calvo will meet with the Traffic Engineer on November 12 to discuss the Committee's recommendations on improving traffic safety in Berwyn Heights.

Citizen comments: CM Gourley commented that he did not have many trick-or-treaters stop by his house as opposed previous years. CM Lofgren said he had a lot. CM Dennison received a comment that more police patrols have been seen on Pontiac Street. Mayor Calvo received many comments on police patrols, the decoy police car and leaf collection. He also received a comment on code provisions regarding the maximum number of people permitted to live in a home and a complaint from a non-resident regarding a $1,000 parking ticket.

Mike Attick asked if residents can get copies of the police press releases at the police station. Mayor Calvo said they could. Mike Attick said the NW/EP walked the streets on Halloween night and didn't notice any problems. He also requested that the NW/EP radios be kept at the Town Office for easier access in the future. He suggested that the 15 mph speed limit announcement on Quebec Street be painted on both lanes of traffic and that Public Works collect large branches found in leaf piles at the same time as the leaves themselves, but separately by putting them in the pickup truck pulling leaf machine. Lastly he commented on a fire on 59th Avenue. CM Dennison noted that during the last Four Cities Coalition meeting there was a comment about planned reductions in the County's volunteer fire departments’ budget.

Pension plan: Mayor Calvo said that all Town Departments have appointed an employee as a pension plan representative. Those representatives need to meet to report any remaining questions employees might have about their options and eventually make a recommendation on whether to join the Maryland State Pension System. Informally, many employees have already voiced their interest in joining this system but a formal vote by secret ballot still needs to be held, probably sometime in spring.

Mayor Calvo continued that the Council needs to decide whether to retain bond counsel and initiate the process of amending the Berwyn Heights Town Charter to permit private sale authority. The process of amending the Charter is very technical and should commence soon. Council may also want to consider making other Charter revisions to address, for example, recent boundary changes. Additionally, Council needs to decide whether to amend the Charter by Council resolution or by popular referendum. If by referendum, then each amendment would have to be approved as a separate question during the next election.

CM Lofgren said he prefers to focus on just the Charter amendment that would allow private sale authority. Making other amendments at the same time might muddy the waters. CM Dennison agreed, saying she believes that tackling other Charter revisions would overtax the Council's energy. Her main concern about joining the State Pension System is its long term impact on the Town's budget. She cautioned not to rely on Metroland funds to help finance entry as the time of receipt of these funds is not known and as they were originally intended to help improve streets and traffic safety. Mayor Calvo responded that the annual budget impact for joining the pension system on the basis of crediting 1/3 of prior year service would be $109,000 for a 15 year bond and $94,000 for a 20 year bond issue. The Metroland money is unrestricted with respect to how it is used and separate from the annual bond payments.

MPT Jewitt said that he also prefers focusing on just the private sale authority Charter amendment. However, he would consider another simple amendment to describe the changed Town boundaries. His recollection regarding the disposition of the Metroland funds is that 1/2 was intended to implement the recommendations of the Safe Streets Committee and the other 1/2 to help finance an employee pension plan. Further, he would proceed with hiring Funk & Bolton as bond counsel and begin the process of amending the Charter. CM Gourley agreed, adding that State legislation to allow Berwyn Heights to join at 1/3 of prior years service must also be prepared so that it can be introduced in the next legislative session.

Mayor Calvo asked that Council decide if it wants to support legislation to authorize Berwyn Heights to join the State pension plan at 1/3 of prior years service. MPT Jewitt so moved. CM Dennison seconded. CM Gourley commented that he would support joining at 1/2 of prior years service because the difference in cost between 1/3 and 1/2 of prior years service is only $17,000 a year over the term of a 15 year bond. He believes the Town can afford this because real property taxes will continue to increase for the foreseeable future due to the recent steep rise in assessments. CM Dennison said that the Town should be conservative in its spending because of the current State budget shortfall, which is likely to trickle down to the local level. She does not believe the Town can afford to pay an additional $17,000 per year.

CM Lofgren said that the Town should have made arrangements for its employees to join the State Pension System many years ago. He believes the Town can afford joining at 1/2 of prior years service and should do so. The cost of a pension plan will not become cheaper in the future. Mayor Calvo said that joining the State pension plan at 1/3 years service is a very generous proposal. Employees up to now have received pensions in the form of individual retirement accounts. A pension based on 1/3 of prior years service is in addition to what employees have already received. He thinks that it will be difficult to budget $94,000 annually, let alone adding an extra $17,000. Also, there are better uses for the $17,000, such as increasing police salaries, funding temporary labor in Public Works or adding money to the infrastructure fund. Apart from that, the $94,000 the Council is proposing to spend will benefit only employees who have been with the Town for a while but does nothing to attract new employees.

The Council voted 5 to 0 to support legislation to admit Berwyn Heights to the Maryland State Pension Plan at 1/3 of prior of years service.

Mayor Calvo asked for another motion to retain Funk & Bolton to draft the required Charter amendment at a cost of $1,700, which has not been budgeted. CM Gourley so moved. MPT Jewitt seconded. The motion was passed 5 to 0.

Code appeal - 5820 Quebec Street (discussed out of order): The owner of a rental home requested that his appeal of a $400 fine for renting without a license be moved up because he had another commitment that night. The request was granted. Mayor Calvo explained the code appeal process. MPT Jewitt outlined the case as reported by Code Director Solomon. On June 29, a rental license renewal packet with a filing deadline of July 30 was sent to the owner of the rental home. On July 31, the owner called to inform the office that he had not received a rental license renewal packet because he had moved. He gave his new address and stated that he currently does not have tenants because he is trying to sell the house. He was informed to notify the Code Department if he plans to rent again.

Beginning in mid-August, the Code Director noticed vehicles parked in front of the rental home on a daily basis and on August 30 ascertained that students leaving the property were renting rooms. An immediate $400 fine was issued for renting without a license. On September 11, the property owner came to the office to file for a rental license and was informed that he owed a $400 fine in addition to the $210 license. Owner stated he did not receive notice of the fine, which went to his old address. That home is no longer standing. Further, the tenants of the rental home had just moved in. Some of them had helped renovate the home in August. Owner was told 1) that Town had received a signed receipt of the fine letter and provided copy and 2) that owner needs to provide signed lease agreements as proof for move-in date. The leases were not provided. On October 2, a lien letter was sent to the County to collect the fine as part of taxes.

On October 15, the owner again came to the office and said that he received a tax lien. He also asserted that he provided the office with the requested lease agreements by dropping them into the mail slot. The office, however, had no record of having received them and asked that he provide another set of copies. These were provided on October 17 but deemed questionable by the Code Director, as they contained no signatures from tenants. The owner was told that the documents were not acceptable. He resubmitted documents with signatures, which were still deemed questionable. The owner was referred to the appeals process.

Appellant testified that the previous account is essentially correct. However, he did not receive or sign for the certified letter notifying him of the imposition of a $400 fine, as that letter was sent to an old address. The activity noticed at the rental home beginning in mid August were students hired to help clean up the home. No rooms were rented until September. The lease agreements where provided to the Code Department as promised and dropped through the mail slot. The first set of rental agreements was incomplete because he didn't notice that the signature page was missing. When told to provide the signatures, he re-submitted a second set. Appellant felt that the Code Department should have called him or notified him before putting a lien on his property.

Appellant further stated that he took the first step in July to get in touch with the Code Department to request a rental license renewal application. He informed the Department that he had moved and did not receive the renewal packet. He also said that he was not currently renting rooms and may have to sell the home if he can't find tenants.

MPT Jewitt speculated that that this may have been the reason why the Code Department for the time being took this rental property off the rolls and was waiting for the owner to notify the Department when he had found new tenants. Mayor Calvo said that the rental renewal application was sent to the old address because that is still listed as the owner's principal residence by the Maryland Department of Taxation. Owners are required to file an application before they rent out rooms. Appellant said that he asked if he could file application in July but was informed he could not do so without providing names of prospective tenants.

In deliberations, Mayor Calvo said that, if this is what happened, it is a flaw in the Town's rental licensing process. The denial of a rental license application based on the fact that the owner cannot provide a list of tenants, contradicts the intent of the licensing process, which is to have a license before tenants move in. He therefore recommends waiving the fine. CM Dennison so moved. Mayor Calvo seconded. The motion passed 5 to 0.

At 8:52 p.m., the Council took a 10 minute break.

1. Mayor (continued)

State legislation: Mayor Calvo explained that he would like the Council to take a position on endorsing the legislative priorities adopted at the recent Maryland Municipal League (MML) conference. They include 1) protecting and enhancing municipal revenues by giving cities and Towns more flexibility on raising taxes and fees, and 2) authorizing municipalities to install speeding cameras and to collect the revenues from speeding violations. CM Lofgren moved to adopt the MML legislative agenda. MPT Jewitt seconded. CM Dennison said that, while she doesn't like speeding cameras, the MML agenda should be adopted. The motion passed 5 to 0.

There ensued a discussion of Governor O'Malley's proposed tax increases and budget cuts to address the 1.7 billion State budget deficit. No further legislative positions were taken

State Transportation: Mayor Calvo explained that the State of Maryland is in the process of consolidating the State transportation program. Greenbelt has written a letter taking position on a number of transportation projects in its vicinity. He asked if the Council wants to also take positions on the projects proposed for this area, recalling that Berwyn Heights already has positions in favor of Route 1 improvements, the Purple Line and the Inter-County Connector.

In discussion, CM Dennison advocated continuing to support the Purple Line generally without getting into its exact route. MPT Jewitt proposed re-emphasizing the Town's support for Route 1. improvements as the top priority and taking a position on improving Greenbelt Road between Route 1 and Good Luck Road. CM Lofgren said that the focus should be on Route 1 improvements, adding that the study area has recently been expanded beyond College Park to Bladensburg in the south and Laurel in the north. Mayor Calvo said that he would like to endorse the Purple Line. However, if no additional money is raised to fund these projects, they are not going to be built. CM Gourley would have liked to include support for the northern extension of Route 201 but dropped the issue because it would be more controversial. On a motion by CM Dennison and second by MPT Jewitt, the Council voted 5 to 0 to write a letter supporting Route 1 and Route 193 improvements and the Purple Line.

State Delegation dinner: Mayor Calvo referred Council to the draft agenda for the upcoming legislative dinner with District 22 delegates and asked if there are any proposed changes. Changes can be made at a later date if necessary. There were none.

2. Administration

Solicitor permit application: TA Murphy explained that a young man, who works for a subscription sales company, came into the office last week to apply for a solicitor's permit. However, he did not supply a telephone number or an address at which he can be reached. On that basis, he recommends not granting the permit. CM Gourley moved to accept TA Murphy's recommendation. CM Dennison seconded. The motion passed 5 to 0.

3. Code Enforcement

Code appeal - 8511 60th Place: MPT Jewitt explained that a resident owner has sent a letter to appeal a $100 fine for having litter and rubbish in the back yard. He reviewed the case as reported by Director Solomon. The owner was first notified of the violation on September 20 per door hanger and on September 27 per certified letter. As the property had recently received a clean lot violation for the front yard, a shorter, 7-day compliance period applied. The back yard was not in compliance on October 4 and a fine was issued. On October 11, the Code Department received a letter of appeal, stating that the owner had worked steadily on cleaning up the property since the previous appeal but ran out of time because of the short compliance date given. On October 15, Director Solomon spoke with the owner at his property about what needed to be done to come into compliance. On October 19, the property was found to be cleaned up. MPT Jewitt recommended upholding the fine.

Mayor Calvo commented that the Council had recently heard an appeal from this owner and waived the fine because of a problem with the notification process. However, the clean lot violation of the back yard at the time, as shown in photos of the property, was more egregious than that of the front yard. While the first citation was for the front yard only, the home owner was given to understand that the back yard also needed cleaning. He is happy that the matter is now being addressed and supports upholding this fine. The Council voted 5 to 0 to uphold the fine.

Building & Inspection Ordinance No 104: TA Murphy highlighted the latest change made to the Ordinance. In Section 7, a provision was added to allow waiving a 4' side yard setback requirement from a neighbor's property line for the placement of a Portable Temporary Storage Unit (POD). It is followed by another new provision that permits residents to apply to the Town Council for an exemption from the POD placement requirement due to special circumstances.

There ensued discussion as to whether Council-approved exemptions should apply to other provisions of the Ordinance apart from POD placement. It was agreed not to make the exemption broader, as the Ordinance already has exemptions for POD time limits and placement of roll-off-containers. Also discussed was whether to change a provision that imposes a time limit for PODS so as to make it consistent with the accompanying Fee and Fine Schedule, and how to induce residents not to keep PODS for more than 2 months. Mayor Calvo argued that this should be done by raising the permit fee, while MPT Jewitt and CM Gourley wanted to institute a cap in addition to raising fees.

CM Gourley moved to raise the POD permit fees to $150 a week after 120 days. The motion failed for lack of a second. MPT Jewitt moved to raise the POD permit fee to $100 a week after 60 days. CM Gourley seconded. CM Lofgren questioned the punitive fines suggesting that residents keep PODS for extended periods because of a compelling circumstance. Mayor Calvo said that the higher fees only apply if residents do not request an extension from the Council. Otherwise they continue to pay $50 per month. The motion passed 3 to 2 with CMs Dennison and Lofgren opposed. Council further agreed to revise language regarding the time limit for PODS in Section 7 of the Ordinance to make it consistent with the Fee & Fine Schedule.

4. Parks and Recreation

Pre-K - 8 schools - position: CM Dennison explained that Prince George's County Public Schools (PGCPS) Superintendent Deasy proposed to re-orient the school system to a pre-K - 8th grade education program. The plan calls for increasing the number of pre-K - 8 schools while reducing separate middle schools. There are 3 different versions of the plan, v21 - v23, offering different configurations of pre-K - 8 and middle schools. Versions v21 and v22 includes BHES as a pre-K - 8 school. Only schools with a gymnasium are eligible to be converted to a pre-K - 8 schools. The response from BHES parents has been overwhelmingly in favor of converting to pre-k - 8. If converted, BHES would become a neighborhood school not a dedicated or magnet school. However, it likely will be able to retain its music and technology specialty. While the BHES PTA and Berwyn Heights Education Advisory Committee (EAC) have not yet taken an official position on the proposal, CM Dennison urged the Council to do so as there isn't much time before the School Board will make a decision.

BH-EAC Chair Ann Harris Davidson elaborated on the 3 different versions of Dr. Deasy's proposal. Under versions v21 and v22 the only school with a gymnasium in this area that would not be converted to a pre-K - 8 school is Springhill Lake Elementary School because it is already at capacity. BHES can be converted because a large contingent of Riverdale Heights children currently attending this school will be absorbed into William Wirt, which will be converted from a middle school to an elementary school. In version v23, BHES would not be converted to a pre-K - 8 school and its students would continue to attend Greenbelt Middle School in grades 6 - 8 together with Springhill Lake graduates.

Mayor Calvo said that those versions with BHES as a pre-k - 8 school are clearly preferable. He asked if Ms. Davidson has information on what would happen to the music and technology specialty if converted. Ms Davidson replied that no official decision has been made, but there is good reason to believe that BHES would keep its specialty. Dr. Deasy has frequently and publicly affirmed his support for specialty programs, including in neighborhood schools. Additionally, there is no proposal to remove the music and performing arts specialty from Hyattsville Middle School, which was created in conjunction with the one at BHES.

Further, Ms. Davidson confirmed that students enrolled in a pre-k - 8 school, would likely continue to be able to switch to other schools with specialties via the lottery, such as TAG, language immersion or performing arts as well as to the remaining middle schools. In response to other questions, Ms Davidson said that BHES would lose about 150 Riverdale Heights children if converted, that the EAC has not endorsed a particular version of Dr. Deasy's plan, but that v22 would permit the most conversions and would potentially benefit the most children. Lastly, Ms. Davidson pointed out that the School Board will likely vote on the plan at their December 3 meeting and that a letter of support should be sent soon.

CM Dennison moved to send a letter supporting Berwyn Heights Elementary School becoming a pre-K - 8 school. CM Gourley seconded. The motion passed 5 to 0.

Greenbelt letter on Greenbelt Middle School plans: Mayor Calvo and CM Dennison explained that at the last Four Cities meeting, Greenbelt distributed a letter outlining its position with regard to the proposed renovation of Greenbelt Middle School. It invited Berwyn Heights and College to offer their own comments. With the exception of supporting Greenbelt Middle School's conversion to a pre-K - 8 school, Berwyn Heights agrees with the changes proposed to the school's design features. However, Mayor Calvo said that he would prefer to sign on to a Four Cities letter on the matter, which would carry more weight. Therefore, he suggested that the Council postpone taking a position on the letter tonight. Council agreed.

5. Public Safety

No items were discussed.

6. Public Works

Trash Collection Administrative Order: CM Lofgren explained that he and TA Murphy have drafted an Administrative Order to address the ambiguities of the Refuse Collection Ordinance, which surfaced at recent trash collection hearing. The Administrative Order now defines 9 different categories of refuse and elaborates the related collection procedures. Currently, Ordinance No. 117 does not have a separate fee and fine schedule but states that the Public Works Department Head can set and adjust collection fees as needed. The fees currently in effect are posted at the Town Office for reference

Mayor Calvo commented that he likes the document but suggested that any applicable collection fees be included to make it comprehensive. The document can then passed out to residents as a refuse collection fact sheet. CM Lofgren pointed out that there are problems with the Ordinance that should be addressed as well, as with the double listing of clothes dryers under bulk refuse and appliances. Additionally, it does not cost the Town money to dispose of tires and white goods and it would be beneficial to pick them up for free. Mayor Calvo replied that the Ordinance does need revising but believes that there is no time to do so until after the next election. CM Lofgren as Department Head can make any changes in fees he deems necessary. The main point is to have the rules applied consistently throughout Town.

The meeting was adjourned at 10:45 p.m.

Kerstin Harper, Town Clerk

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