Town Meeting Minutes
November 14, 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 Town Administrator Murphy, 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 and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Minutes

Clerk Harper read a summary of the October 10, 2007 Town meeting minutes. On a motion by CM Dennison and MPT Jewitt, the minutes were approved 5 to 0 with corrections.

2. Treasurer’s Report

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

3. Mayor’s Report

Mayor Calvo wished a happy birthday to CM Gourley and his father. He then reported at length on the special session of the Maryland Assembly called by Governor O'Malley to address the $1.7 billion budget deficit. Both chambers appear to be coming to an agreement on a package of substantial tax increases and spending cuts to close the deficit. The proposed cuts in Thornton school funds and Highway User Revenues (HUR) are likely to reduce local governments' revenues. Further, a referendum on permitting slot machine gambling may be put on the ballot for the next election.

Mayor Calvo continued that the Council took positions on a number of state legislative and local issues. They include 1) endorsement of the Maryland Municipal League (MML) priorities, 2) supporting Route 1 improvements and the Purple Line as transportation priorities and supporting alternative 2 of recreational trail connecting Nevada Street to the Indian Creek trail. Subsequently, he learned that Berwyn Height and College Park under previous administrations had already agreed to support the shorter northern trail or alternative 1.  County Councilmember Ohlson said that additional funds for this trail would be forthcoming and that environmental impact is not a factor. Lastly, the Council sent a letter to Prince George's County Schools (PGCPS) to support the expansion of pre-k – 8 schools, in particular those versions that include Berwyn Heights Elementary School (BHES).

Mayor Calvo thanked Senator Ben Cardin for inviting local elected officials to a reception where they could interact with Congressional representatives. He and CM Dennison attended. Mayor Calvo in conjunction with representatives from other small municipalities in the area may soon approach Congressmen Hoyer and Wynn about sponsoring federal legislation that requires US Post offices to use software contractors that can correctly identify Berwyn Heights' primary address for the 20740 zip code. Further, work on pension plan issues has continued. At the last worksession, the Council voted to spend $1,700 to hire bond counselors to help draft a Charter amendment authorizing Berwyn Heights privately sell bonds in financial markets. It also voted to support State legislation that would allow Berwyn Heights to join the Maryland State Pension System at 1/3 of prior years service.

Mayor Calvo also reported that he and TA Murphy met with traffic engineer Wes Guckert, who  gave an off-the-cuff cost estimate for studying the traffic mitigation improvements recommended by the Safe Streets Committee. In a follow up letter, Mr. Guckert stated that the cost for doing studies for all proposed projects is $47,000. As a next step, the Safe Streets Committee will review the cost estimates and select the projects that should be funded for traffic studies. Mayor Calvo commended the Neighborhood Watch/Emergency Preparedness (NW/EP) and the Police Department for a constructive discussion on how to prevent crimes such as a recent break-in on Edmonston Road. The Committee and Officer Young, who now serves as a liaison to NW/EP, did a good job in developing new ideas for improving safety around the Town.

Mayor Calvo then responded to a resident's criticism about not being allowed to attend the closed meeting with the traffic engineer. The resident had charged that closed meetings such as this one undermine people's trust in their government. Mayor Calvo maintained that Berwyn Heights is one of the most municipal governments he knows, offering many opportunities for public input and generally providing information requested by residents promptly. However, it is the prerogative of the Mayor or any Councilmember to hold private informational meetings with outside officials. Only if the majority of the Council were present and made decisions would such a meeting have to be public under Maryland's Open Meetings Law. Residents interested in what transpired during this meeting can request a copy of Mr. Gukert's letter, which summarizes the topics discussed and the cost of the proposed traffic mitigation projects.

4. Department Reports

Administration: CM Gourley thanked Chief Murphy, his officers as well as NW/EP volunteers for patrolling the Town during Halloween. He said that he did not see as many trick-or-treaters this year as in previous years. He also thanked Public Works and Administration employees for cleaning up the back rooms and moving equipment and furniture when the Town offices were painted and carpeted. He concluded with a report of FY 2008 revenues received to date.

Code Enforcement: MPT Jewitt enlarged on Mayor Calvo's comments regarding closed meetings. He said that closed meetings with outside officials or staff are often useful or necessary to prepare a new initiative. He learned this during his tenure as Mayor when he tried to initiate a process for putting together a capital improvement budget. The effort would probably have been less antagonistic if he had prepared a proposal in advance and brought it to the table. However, if a closed meeting is necessary an effort should be made to announce it and publish the results so as to allay any suspicions about improprieties. He expressed his support for Mayor Calvo to represent the Town in private meetings that are sometimes necessary to run the Town.

Regarding code matters, MPT Jewitt reminded residents not to put trash out during holidays, to pick up papers and other publications delivered to a property and to get permits for waterproofing projects. He concluded with a report on code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison congratulated MPT Jewitt on his birthday and commented on closed meetings. She said that it comes with a mayor's job to have many private meetings with outside officials as he is a town's principle representative. However, she objects to private meetings on issues concerning her department of which she is not informed.

CM Dennison, continuing with department news, thanked Recreation Council officials Lisa Keller and Trinity Tomsic for organizing another great Halloween party. The children wore many interesting costumes, enjoyed a magician show, musical chairs and especially cracking open piñatas full of candy. Many parents helped to make the cleanup fast and painless. The Recreation Council is also working with Parkdale High School students on organizing a marching band. Interested musicians can contact the Recreation Council or herself.

In education news, CM Dennison reported that she testified at a community forum at which Superintendent Deasy presented several versions of a plan to expand pre-k – 8 schools in the County. She spoke in support of the versions that include BHES as a pre-k – 8 school. Dr. Deasy's plan also calls for the replication of successful existing pre-k – 8 schools dedicated to language immersion, Montessori and performing arts education. At a school board meeting last night, a version of the pre-k – 8 plan that includes BHES was in fact approved. Also approved was schedule D for the renovation of Greenbelt Middle School. In other school news, BHES is again over-enrolled at 480 students. However, the PTA continues to be of great help and offers many enriching activities.

The next community event is the Tree Lighting on December 8, which will feature a cookie contest and a mystery guest. Everyone is encouraged to bring their favorite cookie to be entered into the prize contest. CM Dennison reminded residents that Marylanders will have the opportunity to vote in the presidential primary on February 12. Seniors and people with disabilities may want to take advantage of absentee balloting. Lastly, she noted that former Berwyn Heights Mayor Tom Love, recently appointed as administrative judge for the Prince George's District Court, was featured in last Thursday's the Washington Post. She quoted that one of the things Judge Love is passionate about is Berwyn Heights, where he grew up and served on the Town Council for 16 years. About Berwyn Heights' larger neighbors College Park and Greenbelt he said that “they are near us; we are not near them.”

Public Health and Safety: Chief Murphy gave the police activities report for the month of October. He noted that a new category for tracking patrolling of Town streets was instituted last month. Officers are now required to patrol every Town street at least once during their shift. Since the rule was implemented, every Town street has been patrolled at least 77 times. Part I offenses were up at 14 for October over the 5 year average of 12. However, year-to-date totals of 105 are still below the 5 year average of 112. Halloween went smoothly, thanks to joint patrols with the Neighborhood Watch. Chief Murphy asked for feedback from residents on the use of emergency lights on patrol cars during Halloween night and whether it was an improvement or not.

Chief Murphy continued that Officer Walker Chapman was awarded a medal from the State Highway Administration (SHA) for making the most DWI arrests in Maryland. Officer Chapman was also placed in charge of administering the SHA grant program for traffic enforcement. He and other officers put in a lot of overtime following the latest departure of an officer to use up all the grant money awarded so that BHPD can apply for more money next year. Also, a contingent offer of employment has been made to fill the vacant 8th officer position and background checks are moving forward. Officer Travis Young, who was assigned as the liaison to the NW/EP, gave a thorough report on its last meeting. Chief Murphy endorsed most of the suggestions that came out of it and asked to briefly speak with NW/EP representatives about the implementation after this meeting. Lastly, police press releases are available from Clerk Carter to anyone who requests them. Chief Murphy concluded with highlights from press releases for the month of October.

Public Works: Commenting on Halloween, CM Lofgren said that he had a lot of trick-or-treaters stop by his house and ran out of candy. He also lauded the police for being very visible during their patrols. In department news, CM Lofgren reported that Director Coleman returned to work early after undergoing back surgery, that the street sweeper cleaned Town streets in early October in preparation for Trick or Treating and that trucks are being readied for winter. Public Works employees helped move furniture and supplies during the Town Office renovation, painted 15 mph markings on Quebec Street and fertilized and seeded the fields at the school and Sports Park. They also winterized the concession stand, helped plant trees at the school and began curbside leaf collection. The new leafer will be put to use within the next couple of days and should speed up collection. Public Works Foreman Bruce Hockman gave a chainsaw training session to the Emergency Preparedness team. A new radio system was installed and two illegal dumping incidents were cleaned up. Lastly, CM Lofgren and Director Coleman discussed lowering the special collection fees residents are required to pay for disposing of appliances and tires. It is hoped that this would reduce the amount of tires and appliances now being stored in back yards.

5. Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson reported that this week is American Education Week, an occasion for which Parkdale High School holds an annual open house for local officials. Ms. Davidson attended and visited a variety of classes. Most of them had less than 25 students, some were taught by excellent teachers and in all of them students were on task. For the first time, Parkdale High School has met Adequate Yearly Progress (AYP) and a larger number of students graduated on the first attempt. In January, the school's 600 seat addition is to open and new specialty programs are being added. Parents are encouraged to visit the school and see first hand the improvements in atmosphere and academic performance.

Ms. Davidson thanked the Council for writing a letter of support for converting BHES into a pre-k – 8 school. The school board has voted to implement version 22 of Superintendent Deasy's plan, which converts the largest number of pre-k – 8 schools, BHES included. This means the BHES' boundaries will be reduced and the school will educate all its elementary and middle school students. Last night, Ms. Davidson briefed a joint EAC - PTA meeting on the proposed changes. She thanked PTA President Beth Brittan Powell for publicizing the meeting and urged that more parents become actively involved in education issues by attending Board of Education or EAC meetings or subscribing to the EAC listserver.

Ms. Davidson continued that the version of pre-k – 8 plan adopted dropped some schools from the list that were originally on it, including Greenbelt Elementary and Riverdale Elementary, because their gymnasiums did not meet State requirements. Most of the schools in this area that will be converted, are likely to be converted in the 3rd phase, which may be as late as the 2010- 2011 school year. Lastly, Ms. Davidson announced that Dr. Derek Mitchell, Director of New & Charter Schools, will attend the December 11 EAC meeting to provide an update and answer questions about the pre-k – 8 plan. She asked that the meeting be advertised on the Bulletin.

Historical Committee: Chair Cheryl Jewitt reported that the Historical Committee has lined up guest speakers for its October and November meetings. In October, Lars Wilcut, the Veteran's History Project Coordinator of the College Park Airport museum, advised the Committee on how to improve its oral history program. In November, Director of the Anacostia Trails Heritage Association (ATHA), Karen Jennings Croom, will speak about the ATHA grant program. in early December, the Committee has arranged a private tour with the curator of the Greenbelt Museum to learn about the ins and outs of running a small museum. Lastly, Ms. Jewitt thanked Clerk Harper and other Town employees for cleaning out the former Council room that will become the Historical Committee museum.

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick thanked Public Works employees for training NW/EP members in the safe operation of chain saws. He then reported that, at its last meeting, the Committee discussed the use of radios, magnetic vehicle signs and schedules for night patrols. Also discussed were plans to start a listserver and new supplies for the emergency trailer. Per request of the Mayor, the minutes of NW/EP meetings have been turned over to the Town Clerk.

Recreation Council: There was no report.

Safe Streets Committee: There was no report.

6. Unfinished Business

Building & Inspection Ordinance No. 104: Mayor Calvo noted that no reading of Ordinance No. 104 is required because adoption was postponed from the previous Town meeting. MPT Jewitt highlighted the changes that were made since that meeting. Under Section 7, which regulates Portable Temporary Storage Units (PODS), the circumstances for obtaining a Council-approved extension to the 60 day permit limit were clarified and a waiver for the 4' setback of PODS from neighboring properties was instituted provided the neighbor consents. CM Gourley moved to adopt the Ordinance. MPT Jewitt seconded.

Mayor Calvo commented that he is glad that the Council waited another month to adopt the Ordinance so that sensible improvements could be made. The changes made to Section 7 essentially allow for more flexibility regarding enforcement of placement requirements and time limits for PODS. Also, the process for obtaining exceptions has been clarified. CM Gourley commented that the wait was worth the improvements in the Ordinance and thanked TA Murphy and Code Director Solomon for their efforts in making the revisions. CM Dennison said that, while she doesn't agree with some of the fees, she agrees that permits for PODS are needed. With no further comments, the Ordinance was adopted in a 5 to 0 roll call vote.

Ordinance No. 104 Fee & Fine Schedule: Mayor Calvo explained the significant changes made to the fee & fine schedule since the last Town meeting. He said that the POD permit fee was raised from $35 to $50 a month and the fees for exceeding the 60 day POD permit limit have been restructured. If a permit holder applies for and receives an extension of the permit from the Town Council, he will continue to pay the $50 per month rate. If he keeps the POD beyond the 60 day limit without Council approval, he must pay a higher fee of $100 per week. MPT Jewitt moved to adopt the revised fee & fine schedule resolution. CM Gourley seconded.

CM Dennison said she thinks charging $100 a week for a POD after the initial 60 day permit expires is too much. A resident may already have many other expenses related to a renovation or a move for which the POD is needed. CM Lofgren said that he is not happy about the $100 a week fee either but that is satisfied with the improvements in the fee & fine schedule.  The fee & fine schedule was adopted in a 4 to 1 roll call vote, with CM Dennison opposed.

7. New Business

There was none.

8. Citizens Discussion

Michael Reeves of Baltimore County representing the Lyndon LaRouche Political Action Committee requested the Council to support federal legislation to implement a national moratorium on home foreclosures. He explained that his PAC launched a campaign in August to lobby Congress to adopt the Homeowners and Bank Protection Act of 2007, which would freeze existing home mortgages and foreclosures until home prices have re-adjusted and write off speculative debt obligations to stabilize the banking system. Berwyn Heights Councilmembers are also requested to sign onto a petition and pass a resolution supporting this Act after having perused the materials provided. He added that, while the US Congress has been reluctant to tackle such legislation, state and local legislators have been more supportive because they are concerned about the housing market crisis.

In response to CM Dennison, Mr. Reeves said that the State of Maryland has created a fund to help homeowners but that it is insufficient to deal with the crisis.

Mike Attick asked whether there are at least 60% of employees that support joining the Maryland State Pension System, whether the Safe Streets Committee was set up by Ordinance or Resolution and why the Safe Streets Committee chairs are not reporting regularly at Town meetings. He was informed that there are enough employees expressing support for joining the pension system, that Safe Streets Committee was set up by Resolution and that its chairs are not always available to report. Mr. Attick also commented on the closed meeting with the traffic engineer, which he felt should have been open to others. Lastly, he noted that the website is not up to date in all areas. Ordinance No. 124, which establishes Conduct Guidelines for the Town's Elected Officials, needs to be posteds. The Conduct Guidelines, among other things, enjoin Councilmembers attending board or committee meetings to only state personal opinions not representative of the views of the entire Council and to respect the opinion of others. He said that there are residents who feel that they are not being heard and are not given the whole story on some issues.

Ann Harris Davidson thanked Mayor Calvo for continuing to pursue the zip code issue. She said that she was able to get utilities to send their bills to her Berwyn Heights address. However, she has not been able to get her premise address changed, which goes back to addresses used by the State Department of Assessments & Taxation (MDAT) and Land Records. Mayor Calvo said that he raised the issue with officials from MDAT at a recent Maryland Municipal League Conference who promised to follow up on it. MPT Jewitt noted that College Park will have a new postmaster, who may be approached to help straighten out the issue. 

Ms. Davidson further reported that her “Then & Now” pictorial history of Berwyn Heights was delivered to the publisher on October 25 and will go on sale on March 31, 2008. Due to a strict limitation on words, she is not able to thank the many people who helped make the book possible. The Council congratulated her on the book and asked if she plans to publish 2008 calendar. Ms. Davidson said that she hadn't planned on it but has received many requests. She may consider publishing a calendar with a fire department theme as she collected many fire department photos for the book.

Kerstin Harper, Town Clerk

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