Town Meeting Minutes
February 13, 2008

The meeting was called to order at 8:03 p.m. Present were Mayor Calvo, Mayor Pro-Tem 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 Cheryl Jewitt, Chair of the Neighborhood Watch/Emergency Preparedness Mike Attick (NW/EP), Election Judges Robin Walukonis, Richard Ahrens, Sharmila Bhatia, Jack Carlson, Sharon McCraney, Shirley Sorensen and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Swearing-in

Mayor Calvo first swore in Chief Election Judge Robin Walukonis and subsequently Election Judges Richard Ahrens, Sharmila Bhatia, Sharon McCraney and Shirley Sorenson. He thanked them for taking on this important responsibility.

2. Presentation

Mayor Calvo awarded Chief Murphy a ribbon for completing his 35th year of service as a law enforcement officer and congratulated him on this achievement.

2. Minutes

Clerk Harper read a summary of the January 9 Town meeting minutes. On a motion by CM Dennison and second by MPT Jewitt, the minutes were approved 5 to 0 with corrections.

3. Treasurer’s Report

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

4. Mayor’s Report

Mayor Calvo gave an overview of the Berwyn Heights primary election results. Democratic presidential candidate Barack Obama won 53% of Berwyn Heights' votes over Hillary Clinton's 41%. Among Republicans, Senator John McCain received 52% of Berwyn Heights' votes, Mike Huckabee 32%, Mitt Rommney 7% and Ron Paul 4%. In the race for the 5th US Congressional District, Steny Hoyer won the Democratic nomination with 85% of the votes and Collins Bailey the Republican nomination with 39% of the vote.

Mayor Calvo continued with an update on the proposed employee pension plan. At the last Town meeting, a public hearing was held on the Charter amendment that would enable the Town to borrow money needed for joining the Maryland State Pension System at a more favorable rate. At the hearing, a number of residents commented extensively on the Charter amendment as well as the pension plan and more comments have been received since. Mayor Calvo acknowledged that joining the State Pension System would be one of the most important financial decisions the Town has ever made and should involve residents as well as the Council. He briefly explained the 3-step process required for the implementation of the pension plan: 1) adoption of the Charter amendment, which has received general support from residents, 2) borrowing up to $1,065,000 to finance entry into the State Pension System, which has generated some concern, and 3) joining the Pension System. Based on the input received, the Council decided at the last worksession to put the question of whether to issue a bond to pay for joining the Pension Plan on the ballot in the May 6 election.

Another step needed is permission by the General Assembly for Berwyn Heights to join the Pension System at 1/3 credit for prior years service rather than the usual full credit. This legislation (SB 308 and HB 986) has been introduced and is expected to pass. It has the support of Berwyn Heights' State legislative delegation. TA Murphy testified on the Senate bill requesting the bill be amended to give employees an option to join the Pension Plan or remain in the current retirement system. This change was approved. Mayor Calvo stressed that the Council has worked hard on this issue because it believes that a better retirement system is needed to retain and recruit qualified employees. Most neighboring municipalities are either members of the Maryland State Pension System or offer more generous pension benefits than Berwyn Heights. To be competitive Berwyn Heights needs to join the State Pension System or implement a private pension plan, an option that is now actively explored.

In other news, Mayor Calvo testified at a January 16 hearing of the Maryland Senate Budget & Taxation Committee on how the budget measures adopted in last November's special session are affecting municipalities. On February 7 and 8, Mayor Calvo attended the Maryland Mayors Association Conference and had the opportunity to interact with State leaders to talk about proposed budget cuts as well as Berwyn Heights' plan to join the Pension System. Further, the Town received notice that the Washington Post will close its printing plant located across the railroad tracks in College Park within 2 years. Mayor Calvo requested that the Post donate land it owns on this side of the track to the Town. Muddiness of Indian Creek continues to be a problem, with the Konterra development now being cited as the source of the pollution. Residents are encouraged to report problems to County Councilmember Olsen's or Senator Pinsky's office.

The Berwyn Heights Safe Streets Committee met with the Council to discuss its recommendations about which traffic problems should receive funding for further study. The Council decided to authorize spending up to $31,500 based on the Committee's recommendations, which includes studying the Edmonston Road/Pontiac Street intersection, traffic around the Berwyn Heights Elementary School, cut through traffic and speeding. Upon completion of the study, Traffic Group engineers will propose solutions. The Safe Streets Committee will again solicit and evaluate public input and make recommendations as to which solutions should be implemented.

5. Department Reports

Administration: CM Gourley gave an update on FY 2008 revenues received to date. He also thanked volunteer Lisa Carroll and Clerk Harper for rebuilding a more functional Berwyn Heights website.

Code Enforcement: MPT Jewitt gave a report on code activities and violations. Mayor Calvo congratulated MPT Jewitt on his promotion to Lieutenant Colonel in the US Marine Corps.

Parks and Recreation, Education and Civic Affairs: CM Dennison presented Mayor Calvo with a portrait of him and his wife taken with Governor O'Malley at a reception at Governor's House during the Maryland Mayors Association Conference. Mayor Calvo thanked her kindly.

CM Dennison continued with highlights of her department's proposed FY 2009 budget. She said that the Historical Committee requested a separate line item, which would include funding for a museum and re-publishing a walking tour brochure among other things. Maintenance of Sports Park is no longer funded as Park & Planning has taken on this responsibility. On the other hand, more money has been requested for a planned restoration of the Pontiac Street field. Increased funding for Pops Park playground has also been requested to carry out the replacement of outdated equipment. She, Public Works Director Coleman and TA Murphy will work on putting together a formal CIP plan for the playground's renovation. Further, her budget proposes the hiring of a Recreation Council aide to help with planning and carrying out community events. Alternately, this money could also be spent to hire a grant writer

In other news, the Recreation Council had a good meeting for beginning the planning of Berwyn Heights Day. The new Director of the Berwyn Heights Community Center was in attendance as were a number of other residents. Middle and high school students are encouraged to volunteer and can earn community service hours.

Lastly, CM Dennison asked residents to give more feedback on the issue of Berwyn Heights joining the Maryland State Pension System, which will be on the ballot in the upcoming election. It is important to her to retain long term employees as they have the experience and institutional knowledge to help run the Town smoothly. She supports improving retirement benefits for employees but wants to ensure that there are enough resources left to address other priorities.

Public Health and Safety: Mayor Calvo reported that Chief Murphy presented his budget request at the last worksession and that Public Works Director Coleman and Code Enforcement Director Solomon will present theirs at the February 25 worksession. All are welcome to attend.

Chief Murphy presented an award of the Injured Workers Insurance Fund (IWIF) to Mayor Calvo on the occasion of its 25th year of partnership with Berwyn Heights. Then he gave the police activities report for the previous month. There were 5 Part I offenses, less than the 5-year average of 8.6 offenses. He concluded with highlights from press releases.

Public Works: CM Lofgren reported that the Public Works crew was busy spreading salt and ice melt during yesterday's ice storm. He thanked them for taking the initiative salting the approaches to Berwyn Heights Elementary School (BHES) to facilitate the voting that took place at the schools multi-purpose room. He also conveyed condolences to Assistant Director Hockman on the passing of his mother.

6. Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson reported that this month's meeting was canceled because it coincided with primaries. There would not have been much to report as Superintendent Deasy has tabled implementation of the preK-8 program due to State budget cuts. At the last Board of Education meeting, a controversy emerged about funding for the BHES music and technology specialty program. However, after being presented with background information about the program, funding was left intact and a decision was made to replicate the program in other parts of the County. Ms. Davidson concluded noting that School Board member Amber Waller will likely attend the March 11 EAC meeting.

Historical Committee: Chair Cheryl Jewitt reported that at the January meeting the Committee had the pleasure to host guest speaker Desiree Griffin Moore, Executive Director of the Prince George's Community Foundation (PGCF). The Foundation acts as a community trust and manages charitable donations for individuals, corporations and organizations at all income levels. The Historical Committee is exploring using the Foundation as a venue to receive donations from those who want to support the Committee's programs and the museum as an alternative to becoming a non-profit organization itself. Ms. Jewitt further reported that she will attend a small museums conference on February 24 – 26 and that the next meeting will take place on February 26. In response to Mayor Calvo, Ms. Jewitt said that the service fee charged by the Foundation would be 1.1% of an organization's assets per year, 2.1% of assets if it acts as a pass-through, or a minimum of $500 per year. However, the $500 would be collected only when donations reach $10,000.

Neighborhood Watch/Emergency Preparedness: Chair Mike Attick reported that Committee members have begun patrolling Berwyn Heights. Interaction with residents and police has worked well. The next meeting will take place on March 5. Volunteers are welcome.

Recreation Council: CM Dennison repeated that volunteers are needed for Berwyn Heights Day.

7. Unfinished Business

Swearing-in (added item): Mayor Calvo swore in Jack Carlson, who arrived late, as an election judge.

8. New Business

Resolution 01-08 – Adoption of Private Sale Authority Charter Amendment: Mayor Calvo explained the Charter amendment process. Clerk Harper read the title of the Resolution. On a motion by CM Lofgren and second by CM Gourley, the remainder of the Resolution was considered read. Mayor Calvo explained that the Berwyn Heights Charter currently allows bonds to be issued in a public offering. This method is outdated, cumbersome and expensive. The Charter Amendment would give the Town the authority to issue bonds in a privately negotiated sale to banks and financial institutions. This method of borrowing has become available to municipalities in the mid 1980s and is much easier and cheaper to do. Mayor Calvo said he supports the amendment as have most residents that commented on it. He asked if there are any further questions.

Mike Attick asked why sub-section 607.1 (g) is included in the resolution. TA Murphy explained that sub-section (g) states that “the provisions of this section shall not apply to tax anticipation borrowing.” Tax anticipation borrowing is already dealt with in Section 607 of the current Charter. It allows the Town to borrow money in anticipation of the collection of real property taxes but must be repaid within 6 months of its issue. Mike Attick asked if this has anything to do with raising taxes if a bond issue cannot be repaid. Mayor Calvo said it does not. However, private sale authority granted in the Amendment applies to general obligation bonds, which pledge the full faith and credit of the Town to the repayment of the bond. This means that the Town would raise taxes if it cannot meet payments.

With no further questions, the Council approved the Charter Amendment Resolution in 5 to 0 roll call vote.

Resolution 02-08 – Adoption of I-Net Bylaws Amendment: Clerk Harper read the Resolution. MPT Jewitt moved to adopt it. CM Dennison seconded. Mayor Calvo explained that the Town of Berwyn Heights has been a member of the Prince George's Intergovernmental Network Community Coordinating Committee (I-Net) for 10 years and has paid 1/3 of its Comcast cable grant to establish and maintain the I-Net. The I-Net connects authorized users, including local governments, public schools, libraries and other public facilities, over a secure fiber optic network reducing costs for services otherwise provided through commercially leased lines. The amendment to I-Net bylaws allows municipalities, who have not yet joined, to join and others to re-join, provided they pay for the costs of being connected.

Ms. Jewitt offered corrections for 2 typographical errors. With no further comments, the I-Net bylaws amendment resolution was adopted in a 5 to 0 roll call vote.

9. Citizen Discussion

Ray Smith of 62nd Avenue commented on different topics. He said that he has no objections to a new procedure that requires Berwyn Heights officers to patrol each Town street at least once during their shift. However, he never felt that there was a lack of visibility to begin with. Concerning the pension issue, he and his wife are in favor of providing pensions to Town employees. Mr. Smith then read an article from the February 7 Greenbelt News Review, which expresses Greenbelt's reservation about County Executive Jack Johnson exploring the possibility of locating a soccer stadium near the Greenbelt (or New Carrollton) metro station. He asked if Berwyn Heights, like Greenbelt, plans to write letter to request being involved in these discussions. Mayor Calvo replied that he has had preliminary discussions about the issue with Greenbelt's Mayor Davis and Delegate Gaines. However, the Council has not yet discussed it but is likely to do so in an upcoming worksession. A soccer stadium is not what the Council envisions for the Greenbelt Station development and would violate the Council's agreement with the developers 

Mr. Smith asked if the ballot for the Town Council election will be printed in both English and Spanish and whether the Town has considered adopting an English language only policy. Mayor Calvo said the ballot will be bi-lingual, in compliance with the federal Help America Vote Act. There has been no consideration of adopting an English language only policy. Mr. Smith concluded  expressing his hope that all current Councilmembers run again for Town Council.

Ann Harris Davidson of 58th Avenue commended Berwyn Heights police and Officer Johnson in particular for assiduously patrolling Town streets. She then commented on a November 2007 letter from the Park & Planning Commission informing the Town on the status of designating certain properties as historic homes. All properties proposed for inclusion in the County's Historic Homes Register have been accepted for review by E.H. Traceries with documentation to be completed by August 2008. However, all properties that are not already part of the inventory of historic homes, including her own home, which was first supported for historic designation in 2004, will remain as recommendations until they have been evaluated and included in the amended Historic Sites and District Plan. The plan is not scheduled to be amended until 2010. The County's historic preservation program continues to assess, evaluate and approve proposed historic properties for the Historic Register in batches thus causing delays and risking the destruction or change of proposed historic properties.

Mayor Calvo agreed that the historic designation process needs to be reformed. He has discussed this with County Councilmember Olsen, who is working on legislation to change the process. Ms. Davidson may want to testify when the legislation is introduced.

Mike Attick of 62nd asked if the home-invasion case has been closed. He was told it is still open. He then commented that there are too many heavy trucks cutting through Berwyn Heights that tear up roads and bridges. As the Indian Creek bridge has been rated structurally deficient the Town may want to close it to out-of-Town truck traffic. Mayor Calvo said that the structurally deficient rating does not mean the State-owned bridge is in danger of collapsing but may need some work done in the years ahead. He asked Mr. Attick to forward tag numbers of trucks he sees. The Town can then identify the companies for which they work and ask them to stop their trucks driving through Town. Mr. Attick also asked if there is an update on Verizon cable and was told that the installation of their fiber optic cable network is expected to be completed as early as summer 2008.

The meeting was adjourned at 10:04 p.m.

Kerstin Harper, Town Clerk

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