Worksession Minutes
January 24, 2008

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, Historical Committee Chair Cheryl Jewitt, Safe Streets Committee Co-Chair Sharmila Bhatia and citizens.

1. Mayor

Announcements: CM Dennison on Martin Luther King Day attended a legislative reception in Annapolis hosted by the District 22 Legislative Delegation. It was announced that $75,000 in Purple Line planning funds were approved by the Assembly and that money was set aside for Queens Chapel Road improvements.

Calendar: The February 19 worksession was postponed to February 25. The Education Advisory Committee (EAC) will not meet in February.

Minutes: The Council reviewed the January 7 worksession minutes. On a motion by CM Lofgren and second by MPT Jewitt, approval of the minutes was tabled until a Charter amendment process question can be answered.

Department reports: CM Lofgren reported that $3,000 was spent on road salt and ice melt for snow days in December and January. CM Dennison reported that PGCPS Superintendent Deasy has put on hold implementation of the preK-8 plans adopted last December due to budget shortfalls. The Recreation Council is in the process of planning Berwyn Heights Day and has a new volunteer. The Historical Committee met with CM Dennison on January 13 for a budget discussion. MPT Jewitt announced that the Code Department is still looking for a part-time code assistant. TA Murphy reported that the position has been filled. Further, the Verizon personal property tax bill has been received. Mayor Calvo reported that Officer Johnson began patrolling on his own. He and Chief Murphy discussed the Police Department's budget request. Mayor Calvo spoke with Metroland's Counsel Norman Rivera and County Councilmember Eric Olsen about recent muddiness of Indian Creek. An inspection team was sent out and required Metroland to take additional measures to prevent muddy waters. The situation has since improved.

Agenda: Discussion of a Historical Committee budget item and Safe Streets Committee recommendations were moved up to the Mayor's agenda to accommodate guests.

Citizen comments:  Mayor Calvo and the entire Council received a number of comments about the pension plan. The two main concerns were about the risk of borrowing a large amount of money in light of the likelihood of declining assessments and about giving 1/3 credit for prior service as required by the State Pension System. There was consensus that the Charter amendment is desirable but that the bond issue to finance admission into the pension plan should be put to referendum. One resident suggested that the Town research the cost of some private retirement plans and look into establishing its own retirement system. Further, Mayor Calvo received comments about a parking ticket and the postponement of the preK-8 plan. CM Gourley received comments on the pension plan as well, most of which were supportive of moving forward. He also received a complaint about drivers running the stop signs at the corner at Goucher and Cunningham Drive. The complaint will be forwarded to the Police Department to monitor the area. CM Dennison received comments expressing concern about the pension plan and potential tax increases. MPT Jewitt received comments about the pension plan, which made him think that the Council needs to better explain all aspects of joining the State Pension System so that residents will have a better understanding.

Historical Committee budget item (discussed out of order): CM Dennison explained that the Historical Committee would like to send one member to a Small Museums Association Conference in Ocean City in February. Registration and 1-year membership cost $150 and 2 nights at a hotel cost $120. The money could come from an appropriation for a display case that will not be spent this year. The topics to be discussed at the conference are very relevant in connection with the proposed establishment of a museum in the Town office.

Chair of the Historical Committee Cheryl Jewitt said that the Committee was made aware of the conference during its recent tour of the Greenbelt Museum in December. So no money could be appropriated in the budget. The conference affords a great opportunity to learn about the ins and outs of operating small museums. This type of information would be valuable for setting up a Town museum in the room recently set aside for the purpose. She would be the only member attending the conference.

Mayor Calvo said that, generally, the Council does not fund conferences for volunteers. He would make an exception for this conference because it dovetails with the Council's support for opening a museum in the Town office. For budgeting purposes, the item should be charged to a new conference line item rather than special events or miscellaneous. CM Dennison moved to approve the funds for sending Ms. Jewitt to the small museums conference. CM Gourley seconded. The motion passed 5 to 0.

Traffic Group proposal recommendations: Co-Chair of the Safe Streets Committee Sharmila Bhatia said that the Committee met on December 20 to discuss the Traffic Group’s proposal and decide which traffic problems should be studied in detail. The Committee evaluated the cost and value of each study item, voted on it and submitted its recommendations on January 8. It was recommended to:

• Proceed with a full scale study of Edmonston Road & Pontiac Street intersection at the proposed a cost of $3,800. This item is considered a top priority.

• Request the State Highway Administration (SHA) to study traffic at the intersections of Route 193 with Town Streets and make necessary improvements.

• Proceed with study of cut-through traffic and possible traffic circle at 58th Avenue & Pontiac Street intersection at cost of $8,300, if the study is conducted thoroughly over several days.

• Proceed with traffic volume and speed studies of certain Town streets as outlined in items 9 and 13 of the Traffic Group proposal. This should be treated as one study item to reduce costs.

• Request Town to put stop sign at exit of Berwyn Heights Elementary School (BHES) parking lot. Combine BHES pedestrian safety and Pontiac Street speeding studies to reduce cost.

• Delete proposed safety studies along Quebec Street and Pops Park as outlined in items 11 and 12. Request Town to mark Cunningham Drive curb along Pops Park as no parking area and place a no parking sign at Cunningham Drive & 60th Avenue intersection to increase visibility.

• Delete proposed study of visibility issues as outlined in item 14.

• Combine studies of problem curves at Berwyn Road & Charlton Avenue and along Seminole Street between 58th and 59th Avenues to reduce costs. Proposed solutions should be provided as well.

• Proceed with review of Town streets for long-term redefinition, i.e. narrowing of roadways and adding sidewalks, at a cost of $4,000.

• Hold hearings about proposals with Traffic Group in attendance but negotiate to reduce scope and cost.

Mayor Calvo said that the total cost of Traffic Group's proposal is $47,500. He estimated that the Safe Streets Committee's modifications could reduce the cost to $27,000 - $31,500. The FY 2006 budget had a $10,000 appropriation for the study, which can be used. Additional funds would have to come out of this year's budget. Assuming that $500,000 worth of street improvements would be made upon receipt of the Metroland compensation, $47,500 spent on planning is appropriate.

CM Dennison questioned the cost of the proposed study for the Pontiac Street & 58th Avenue intersection. Mayor Calvo said that the cost of the study is high because it would track traffic volume and traffic flow as well as examine the feasibility of a traffic circle. CM Lofgren said he welcomes the Safe Streets Committee recommending that the Town undertake some of the improvements itself, such as installing stop signs and establishing no-parking areas (as along Pops Park) or new parking areas (along the south-side of Pontiac Street). However, double sided parking on Pontiac Streets poses special problems for Public Works trucks, which pick up there 4 times a week. MPT Jewitt and CM Gourley thanked the Committee for all its work and said they look forward to seeing the results of the study.

Mayor Calvo said that the Committee did an excellent job in distilling the important traffic issues and saved the Town a lot of money. The Council now needs to give guidance to TA Murphy as to how much money should be spent on the study. MPT Jewitt suggested setting a cap at $31,000. CM Gourley moved to accept the recommendations of the Safe Streets Committee as to which items should be studied and to set a spending cap of $31,500. MPT Jewitt seconded. TA Murphy suggested to invite an SHA engineer to discuss traffic problems of Town streets intersecting with State roads. CM Lofgren advised that the Town should check whether it needs to get alternate bids for the study. TA Murphy was so instructed. The motion passed 5 to 0.

At 8:30 p.m., the Council took a 15 minute break.

Audit: TA Murphy highlighted the important findings of the FY 2007 audit. He said that the Town's revenues exceeded expenditures by $63,000. In addition, infrastructure reserves were increased by $80,000 to $134,000; a vehicle replacement reserve was established and funded with $32,600; the Cable TV reserve increased by $18,500 to $20,800. Further, the Town's debt was reduced. The 1996 infrastructure bond issue’s outstanding balance is down to $292,000; a backhoe was paid off in FY 2007, while a dump truck and police car will be paid off in FY 2008. Accounts payable (bills owed at the end of a fiscal year but not paid) went down by $22,700 to $46,200.

Mayor Calvo commented that the full extent of improvement in the Town's fiscal situation is not readily evident in the audit, because the money set aside in reserves for various purposes is only marked as money not spent. This year the Town added $199,000 to the surplus, which will be used to buy capital items and, after debt service disappears in 2011, can be used to finance street improvements.

Four Cities agenda: College Park will provide an update on the University's East Campus development and the Purple Line. The Council added announcements of a Maryland Municipal League (MML) overcrowding seminar and recent changes to the homestead tax credit law.

Commerce Bank site plan: TA Murphy explained that as part of the detailed site plan (DSP) approval process, Commerce Bank is requesting the Town to approve the engineering plans. In reviewing the plans, TA Murphy noticed that the curb for the sidewalk along Greenbelt Road is shown as having a handicap accessible ramp only in the direction of 58th Avenue. He suggested sending a letter requesting to State Highway Administration (SHA) to instruct Commerce Bank to construct a wrap-around ramp that also faces Greenbelt Road, as is currently the case. MPT Jewitt so moved. CM Gourley seconded. Mayor Calvo asked that Commerce Bank’s attorney, Daniel Lynch, be informed about the letter before it is sent. The motion passed 5 to 0.

TA Murphy also noted that Commerce Bank plans show a curved curb at the north side of the proposed barrier closing 59th Avenue. This is appears to be standard practice with Prince George's Department of Public Works (DPW&T) and would make it easier for vehicles coming off of Greenbelt Road to turn around. He proposed to request the installation of a straight curb to increase the grassy area. There were no objections to request installation of a straight curb.

Metroland right-of-way: Mayor Calvo explained that he received a letter from Metroland developers requesting the Town accept a portion of the right-of-way for the Metroland connector road.  When calling for clarification, he learned that Metroland would like Berwyn Heights to take on ownership of the roadway, sidewalks, curbs, 2 street lights and 2 storm drains that are part of the connector road bridge. Prince George's County earlier agreed to take ownership of the bridge structure. Mayor Calvo recommended rejecting this request as it would make Berwyn Heights responsible for maintaining these components of the bridge. CM Lofgren added that the connector road does not service any part of Berwyn Heights and should therefore not be maintained by the Town. On a motion by CM Gourley and second by CM Lofgren, the Council rejected acceptance of ownership for any part of the road 5 to 0.

Charter amendment resolution: Mayor Calvo commented that the public hearing on the Charter amendment and pension plan illustrated that the process for establishing the pension plan was not articulated clearly enough. It requires three separate steps beginning with 1) approval of the Charter amendment, followed by 2) approval to join the Maryland State Pension Plan, and 3) approval of a bond issue to finance the Plan. It appears that most residents, who commented on the matter, have no problem with amending the Charter and supporting a better retirement plan but have concerns about borrowing an unprecedented $1,065,000 to join the State Pension Plan. Mayor Calvo believes that both decisions to join the Pension Plan and the bond issue warrant a question on the ballot in the upcoming municipal election. The question might be phrased as follows: “vote for or against borrowing $1,065,000 to finance entry into the Pension Plan.” In the meantime, Council should put out as much information about the issue as possible, especially about the financing, so that voters have a complete picture.

MPT Jewitt said that he supports putting this question on the ballot. It does not disrupt the Council's time line and allows the Council to better inform residents. At the hearing, those commenting were differentiating between the Charter amendment and the decision to join the Pension Plan. CM Dennison said that she would be more comfortable with letting the issue go to referendum. It would allow for more time to explain the process and possibly look at alternative options. CM Lofgren said he has no problem with a referendum. He cautioned, however, that the issue is complex and would be easy to   sabotage by spreading rumors. It puts on the line all the effort and money already spent. CM Gourley said that he supports putting the question on the ballot because it is a big financial commitment. He urged, however, to proceed with adoption of the Charter amendment at the February Town meeting.

Mayor Calvo said that the issue is complex. Many residents appear to believe that real estate taxes would have to be raised to pay for the bond issue. They may not be aware that the Town's tax revenues are set to increase by 10% for each of the next two years because the real property re-valuation of 2006 will be phased in over 3 years. Personally, he is opposed to any increase in the real estate tax rate to finance the bond issue and would cut government services before raising the tax rate. With respect to suggestions to look into other defined contribution retirement plans, Mayor Calvo said that some Town employees have not fared well with them despite information sessions with financial advisors. Fully 60% of employees' 401(a) funds are invested in low yield money market accounts, with returns in the 3%-4% range rather than 10%-12% common in mutual funds or stock options, which are also available as part of Town's retirement package. These employees will face severe financial hardships when they retire if the Town does not do something drastic to help them. CM Lofgren confirmed that he had the same experience with employees he met over the years. He said that an employee needs to pay close attention to the investment options available and to the condition of the financial markets to get good rates of return. Mayor Calvo said that one option is to look into target retirement funds, which are managed not by the employee but by professional financial managers.

The Council agreed to adopt the Charter amendment resolution at the February Town meeting and announce the Council's intent to put joining the State Pension Plan on the ballot in the upcoming municipal election.

2. Public Works

Pick-up truck bids: CM Lofgren presented 3 bids for the budgeted purchase of a new ¾ ton diesel pickup truck to be used for snow clearing, among other things. All bids are for a Dodge Ram with which the Public Works Department has had good experience. Director Coleman recommends the low bid of $34,460. Snow plow and emergency lighting will be purchased separately to save money. CM Lofgren moved to purchase the pickup truck from the lowest bidder, Prince Frederick Dodge. MPT Jewitt seconded. The motion passed 5 to 0.

3. Administration

Bulletin Cover: The following items were approved for the February Bulletin cover: Town Council election focus, announcements of proposed Charter amendment, Berwyn Heights Day volunteers, Presidents Day trash schedule and tax filing deadline.

Election judges:  Clerk Harper informed the Council that 5 residents have confirmed that they will be able to serve on the Board of Election Supervisors for the upcoming Town election. All of them have served as judges during the last election and will be sworn in during the February Town meeting. Two alternates are still being sought.

4. Code Enforcement

Parking on grass enforcement: MPT Jewitt explained that Code Director Solomon would like the Council to consider imposing a shorter compliance timetable for violations of vehicles parked on grass or other unpaved areas on a property without prior permission by the Town Council. It is suggested that a fine be imposed 24 hours after the first notice is served. Mayor Calvo added that some residents have learned that the Code Department cannot issue a warning and begin enforcing this violation unless the vehicle is parked on the grass for 7 consecutive days. If a vehicle is parked on grass every weekend or overnight it counts as a separate incident. Thus the Code Department should be able to issue a warning on the spot if a vehicle is parked on grass and impose immediate fines for repeat occurrences. The fine amount could be as low as $25, like many other parking violations. As a next step, a draft amendment of Clean Lot Ordinance, Section 5J, will be introduced at an upcoming worksession.

5. Parks and Recreation

Town Center rental exemption: CM Dennison said that a resident, who plans to rent the Town Center for a wedding reception, is requesting permission to extend the event 1 hour past the normal closing time of 10 p.m. Permission is also requested to set up from 6 – 9 p.m. on the evening prior to event and from 8 a.m – 3 p.m. on the day of the event. Personally, she has no objection to making the exception. CM Gourley said that he does not object if the music is turned down after 10 p.m. Mayor Calvo said he is inclined to uphold the 10 p.m. closing time out of respect for the neighbors, who will be affected by the noise and traffic such a large event necessarily entails. The resident plans to invite 100 guests, many of whom will come in cars from out of town, play music and serve alcohol. He has no objection to the requested set up times, providing there is no conflict with another event. MPT Jewitt and CM Lofgren agreed, noting that 6 hours should be sufficient for a wedding reception. TA Murphy was instructed to inform the resident that request for an extension of the event was denied.

Nevada Street trail: Mayor Calvo explained that the Council had initially voted to support a southerly route for a proposed trail connecting Nevada Street with Indian Creek Trail. However, the Council reconsidered its position when County Councilmember Eric Olson encouraged them to support an alternate westerly trail route. This route had been informally agreed to by former Mayor Bill Armistead and College Park Mayor Steven Brayman and will have a better chance of being approved if Berwyn Heights and College Park both support it. Councilmember Olson is confident that the money for this route will be appropriated despite its higher cost and that the environmental impact will be less because a large part of the trail will be covered by board walks.

TA Murphy added that Planning Coordinator Eileen Nivera has advised him that a wetland mitigation permit needs to be issued if the westerly trail route is picked. This can take up from 18 – 24 months. He should like to know if the Council supports this route so that the approval process for the wetland can be initiated. Mayor Calvo said that would be his preference. CM Lofgren proposed an alternate westerly route that would be within Berwyn Heights town limits and possibly start at the intersection of Goucher Drive and 57th Avenue. He believes this would make for a trail that is more accessible and will get more use. He moved to support a westerly route, which does not commit to its specific location. CM Gourley seconded. The motion passed 5 to 0.

CM Gourley asked the Council to approve the purchase of a new Town flag and pole for participation in the parade of flags at the Maryland Municipal League (MML) conference. Mayor Calvo said this will be considered at a future worksession, as it is not on the agenda.

The meeting was adjourned at 10:30 p.m

Kerstin Harper, Town Clerk

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