Worksession
December 4, 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, Gazette Reporter Marcus Ngbea, Maria Chavez, Matthew Sadowski and citizens.

1. Mayor

Agenda: Variance applications were moved up to the Mayor's agenda.

Announcements: Mayor Calvo will attend a forum on youth issues with First Lady Laura Bush tomorrow. The Maryland Transit Administration (MTA) will make a presentation on the proposed Purple Line tomorrow at 5 p.m. at College Park City Hall. The Safe Streets Committee will meet on December 20 to discuss the cost estimates for proposed traffic improvements.

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

Minutes: The Council reviewed the November 14 Town meeting minutes for approval at the December Town meeting.

Department reports: Mayor Calvo reported that the Town received word from the County Planning Board that two historic Berwyn Heights properties will be included in the upcoming amendment of the Historic Sites and Districts Plan. The Town has also received a letter from WSSC stating that they will use their own tests for evaluating the quality of the new surface on Seminole Street. Town Engineer Kelly will review the letter and re-state the Town's position, based on its core drills, showing that the work does not meet required standards. Mayor Calvo plans to again speak with WSSC's Mike Trail and possibly General Manager Andrew Brunhart to state the Town's case. The goal remains to renovate Seminole and Ruatan Streets next summer and use WSSC's contractor, who would be responsible for dealing with sub-standard workmanship from the water main replacement. Further, Mayor Calvo swore in the newly hired 8th police officer, Amir Johnson, this morning. He will be the first officer to live within 5 miles of Berwyn Heights and will benefit from locality pay.

CM Lofgren reported that the Public Works crew is getting ready for the snow forecasted for tomorrow. They have been busy picking up leaves, which goes much faster with the new leaf machine.  CM Dennison announced that the Tree Lighting ceremony will be held this Saturday, featuring caroling, a cookie contest and a visit from Santa Claus. Also, the Recreation Council will again hold a holiday decorating contest in the categories Best Home, Best Yard and Best Overall.  At the last Historical Committee meeting, Anacostia Trails Heritage Association (ATHA) Director Karen Jennings Crooms spoke about the ATHA grant program. The Education Advisory Committee (EAC) will host an education forum on the pre-K – 8 plan at the Berwyn Heights Elementary School (BHES) auditorium on December 11. MPT Jewitt reported that the Code Department has a vacancy after the departure of Code Clerk, Adrian Forbes. The 4 hour a week part time position will be advertised. Mayor Calvo reported that the Town received its first income tax disbursement for FY 2008 in the amount of $53,000. He then gave an overview of the legislative dinner with State delegates. Discussed were the outcomes of the special session of the Assembly, legislation authorizing Berwyn Heights to join the State Pension System and legislative proposals on speed cameras and ‘McMansions’. Lastly, Mayor Calvo reported that there was a rash of car break-ins last Sunday night.

Citizen comments: CM Dennison received a positive comment from a former mayor on joining the State Pension System and a suggestion that the proposed pension plan be submitted to a referendum. She also received a question about opening a dog park in Berwyn Heights. MPT Jewitt received a comment about trash left out over Thanksgiving holiday. Mayor Calvo received a complaint about impoundment of a stolen car, a parking ticket and a comment about statement of purpose of the Emergency Preparedness.

A resident from 8823 Cunningham Drive, whose rear yard adjoins Olympic Auto Parts and Staples, commented that there is a lot of trespassing and vandalism of her property.

Variance application – 8823 Cunningham Drive (discussed out of order): Mayor Calvo welcomed the property owner and her interpreter and explained the Town Council hearing process. TA Murphy explained that the home owners built a driveway without a permit. The Code Department noticed this and referred them to the Prince George's Building Permit Office to apply for a permit who in return referred them to County Board of Zoning Appeals to apply for a variance. The Board informed the owners they needed a variance because their driveway didn't conform to the parking area requirements of the County Zoning Ordinance. TA Murphy recommended supporting the variance as most of the driveway is on the left side of the home and does not detract from the appearance of the property.

In her testimony, the home owner explained that she and her husband, who built the driveway, did not know they needed a permit. As they speak little English, they were generally unaware of the Town and County building codes. On September 28, the Town Code Officer stopped by and left a door hanger notice, which requested the owners to call the Code Department, but did not specify the violation or remedies. On October 4, a follow up notice was sent by the Code Department informing the owners that they needed to get a County permit, which they attempted to do.

In questioning, Mayor Calvo ascertained that no stop work order was issued by the Code Department when it first noticed construction of the driveway, nor had a fine been issued as of yet for building the driveway without a permit. The home owner asked whether a permit is needed to complete the renovation of the property, including a walkway from the driveway to the front door. She was informed a permit was needed.

In discussions, MPT Jewitt commented that he is dissatisfied with the Code Department's handling of the case. The code enforcement official, who first noticed the construction, should have left an explanation of the violation and issued a stop work order. An interpreter could have been called in to assist with communication and the Department should have Spanish language forms to pass out explaining permit requirements. Mayor Calvo agreed and proposed that the homeowners pay the standard $25 building permit late fee and that the Council recommend approval of the variance request. There being no objections, MPT Jewitt so moved. CM Dennison seconded. The motion passed 5 to 0

The homeowner was in agreement, paid the fine and said that her case will be helpful for the Spanish speaking community in Berwyn Heights

Variance request – 6703 Pontiac Street (discussed out of order): Mayor Calvo welcomed the home owner, who purchased the property in July 2007 for his daughter and several friends, who are renting rooms. TA Murphy explained that the home owner applied for a permit to rebuild an elevated deck in the rear of the home, which is in poor condition and appears to be unsafe. This led to the discovery of a number of other issues of non-conformance with County zoning law, all relating to the lot's small size and odd shape. TA Murphy recommended supporting the request for all variances, which relate to pre-existing conditions, to allow for needed improvements.

In his testimony, the home owner said that he was unaware of all the problems with the property when he bought it. He did, however, realize that the deck needed rebuilding and spoke to the Code Department about obtaining permits soon after he purchased the property. He also intends to rebuild a flight of stairs on the side of the house that lead to kitchen and dining room entrances in the rear. No other changes to the property are currently planned

In deliberations, Mayor Calvo said that the permits sought would rehabilitate unsafe structures on the property. The home is properly licensed as a rental and listed as a secondary residence with the Maryland Department of Assessment and Taxation (MDAT). He sees no reason not to support the variance application. CM Gourley so moved. MPT Jewitt seconded. The motion passed 5 to 0

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

Pension plan charter amendment: TA Murphy explained that the purpose of the Charter amendment is to give the Council additional financing options. In addition to borrowing in the public market, which has been done in the past, Berwyn Heights could then also tap into private financial markets and negotiate the terms of the bond with lending institutions. This new authority would not be limited to financing a pension plan but apply to other projects as well. The process of amending the Charter requires the Council to pass a charter amendment resolution at a Town meeting and publishing a notice in a local paper of general circulation for 4 consecutive weeks. If within that time, no petition to referendum has been filed, the amendment is considered adopted and will be filed with the Maryland Department of Legislative Services.

Mayor Calvo added that the Charter amendment could also be adopted by referendum. TA Murphy was asked to find out what notice requirements apply in that case. TA Murphy elaborated on differences between a public bond offering and a negotiated private sale. CM Lofgren said the main thing to keep in mind is that this would give the Council more latitude in borrowing and negotiate for the best terms of a private loan.

Mayor Calvo said that the Council needs to make 2 decisions: 1) whether to proceed with the Charter amendment and 2) whether to adopt the amendment by Council resolution or by referendum, which would likely put the question on the ballot at the next Council election in May 2008. The Council voted 5 to 0 to proceed with the Charter amendment. However, there was disagreement on how to adopt the amendment.

In discussions, CM Gourley proposed to publish a summary of the amendment in the January Bulletin and invite public input before putting it to a referendum. CM Dennison said that since there is a possibility that taxes would be raised to pay off a pension bond   should the Town not have enough money in the budget, she would prefer putting the issue on the ballot. CM Lofgren said that the decision to authorize new borrowing tools is separate from the decision to issue a bond to finance the pension plan. The former does not necessitate the latter. Apart from that, he and two other Councilmembers ran on a platform to set up a pension system for employees. He regards this as a mandate to implement a pension plan. He would proceed adopting the amendment by resolution. MPT Jewitt felt that, as stewards of the Town, Councilmembers are called upon to make decisions about the structure of government, including modernizing the Charter.  He is skeptical that all voters would fully understand this technical issue. Mayor Calvo asked resident Mike Attick and Carmen what they thought. Both said that the amendment should go to referendum.

TA Murphy asked what issue should be put to referendum: the private sale authority Charter amendment or joining the State Pension System. Mayor Calvo said, in theory, Charter amendments should be decided by the people because the Charter is a direct grant of power from the people to their government. However, this amendment should be adopted on its merits, which is an augmentation of the Council's borrowing options. If the amendment were to be voted down, the Town could still proceed with setting up a pension plan but would have to find a different way of financing it. He endorsed CM Gourley's proposal to publish a summary of the amendment in the January Bulletin and hold a hearing at the Town meeting. In a show of hands, Councilmembers Dennison and Gourley were in favor of amending the Charter by referendum while MPT Jewitt and CM Lofgren were opposed. Mayor Calvo said that he wanted to consider the matter further before making a decision

TA Murphy was instructed to publish a summary of the Charter amendment in the January Bulletin and to request input on whether to adopt by resolution or referendum. Mayor Calvo commented that if this amendment were adopted by referendum it would set a precedent for adopting other needed Charter amendments in the same manner, which could be a cumbersome process of revising the Charter. CM Lofgren suggested the appointment of a Charter revision committee to look into a wholesale revision of the Charter. For now, however, the Council should focus on the particular amendment at hand.

Budget packet: Mayor Calvo referred the Council to TA Murphy's budget memorandum, which outlines the main components of the budget process for department directors. He said that this version is better than last year's but could use some additional guidelines on budget format that would make the budget easier to use. In particular, each departmental budget request should contain sections on 1) last year’s significant accomplishments, 2) major items and policy initiatives in the proposed budget, and 3) new trends and areas of growth or decline. Department Directors should be requested to provide this information in summary form as part of their budget packet.

Mayor Calvo further proposed to clarify the Line Item Account Statement of Explanations Form and the Budget Request Form sections of the budget memo. He said that the former should simply identify each line item and briefly explain what it covers and why it may have changed from last year. The reference to a 5% change threshold for line items should be deleted. By contrast, the Budget Request Form should be filled out only for significant new initiatives, which entail either funding new programs or services or discontinuing an existing program or service. The goal is to make the budget more accessible to residents by providing some context and possibly visual aids and then publishing the introduced and adopted budgets in the Bulletin and on the website.

There were no agenda items for other departments.

Kerstin Harper, Town Clerk

Copyright © Town of Berwyn Heights.