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Worksession Minutes
February 25, 2008

 

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, Public Works Director Joe Coleman, Code Enforcement Director Sonjia Solomon, Clerk Harper, Metroland representatives Norman Rivera, Sandra Gallagher and an associate, Michael Roberts, Stephanie Terry and citizens.

1. Mayor

Announcements: There were none.

Calendar: No changes were made.

Minutes: On a motion by CM Dennison and second by MPT Jewitt, the January 24 worksession minutes were approved 5 to 0 with corrections. On a motion by CM Gourley and second by CM Lofgren, the February 4 worksession minutes were approved 5 to 0 with corrections.

Department reports: CM Dennison reported that the Recreation Council is busy with planning Berwyn Heights Day and thanked CM Gourley for providing a list of bands and musicians that might perform for the concert. She also talked with Historical Committee Chair Cheryl Jewitt, who has returned from a small museums conference and will bring a lot of useful information to tomorrow's Committee meeting. Reporting for the Code Enforcement Department, Director Solomon said that she has a rough draft for a revised regulation for parking on grass ready for discussion at the next worksession. Today, she had the first of what she plans to be monthly staff meetings, which was very productive. Mayor Calvo gave an update on Indian Creek muddiness. The Department of Environmental Resources (DER) has become involved in the investigation and found that there are multiple sources for the pollution, apart from the Metroland and Konterra developments. County Councilmember Olsen is working to set up a meeting between the concerned parties to get the problem corrected.

Citizen Comments: Mayor Calvo received comments regarding Indian Creek pollution, ticketing for parking in a fire lane. CM Dennison received a comment regarding a code violation. She herself commented that she was pleased with the courteous treatment she received from Officer Johnson when her car broke down on Greenbelt Road. She wrote a letter of commendation to Chief Murphy. CM Lofgren received a complaint about Bates Recycling arriving too early for pickup. He advised the resident to put the recycling out the night before. Director Coleman also received the complaint and forwarded it to the contractor, who said he will instruct Bates employees not to start before 7 a.m.

Code Department budget request: MPT Jewitt said that Director Sonjia Solomon will present a very reasonable budget request. During budget deliberations, he will propose an increase in hours for part time code staff to deal with the increased workload resulting from enforcing the recently adopted Commercial Clean Lot Ordinance.

Director Solomon gave an overview of her budget, which requests only the bare necessities to operate her department. The following increases are proposed:

  • $1,500 increase for postage, due to rising postage rates and an increase in volume of mailing;

  • $250 increase for supplies, largely due to the cost of new warning stickers for parking on grass violations;

  • $300 increase for communications, to reimburse part time officer for cell phone expenses;

  • $800 increase for uniforms, to provide uniform and patches for part time officer.

Mayor Calvo acknowledged the increasing workload of the Code Department and expressed his appreciation for the increased effort. He then asked whether it would be better to issue municipal citations for parking on grass rather than going through the normal process. Director Solomon replied that she prefers not to issue citations because they are processed through the District Court and may require her to spend more time appearing in Court. Instead the plan is to issue warnings with a 24 hour compliance period. If the violation is not corrected within that time, a moderate fine would be imposed. Further, an immediate fine would be imposed if the violation is a repeat violation. Code officers would welcome working with the police, who patrol the Town at all hours. Police could issue notices, which would be copied to the Code Department so that it can follow up with the appropriate fines or warnings.

MPT Jewitt supported the budget request, noting that the full enforcement of the Commercial Clean Lot Ordinance is certain to entail some increases in operating expenses. He also supported the purchase of uniforms, important to project a professional appearance and signal the official nature of a code errand. CM Dennison supported the request for warning stickers to be affixed to cars parked on grass, adding that a booklet containing condensed code regulations might be made available to all residents to make them aware of stricter enforcement. She also supported the uniforms with patch. CM Lofgren agreed that there should be some notification of the stricter enforcement against parking on grass. Mayor Calvo said that notification would be given in connection with amending the Clean Lot Ordinance. CM Gourley suggested using an old police car for code patrols because the driver would have more room and sit higher off the ground. He also asked if conference and gas appropriations are sufficient and whether the part time translator has been useful. Ms. Solomon said that she might need more funds in the conference line and that the translator has worked out well. Lastly, she proposed to hire a shred-it service for Berwyn Heights Day as a way to connect positively with residents. Council replied that a sponsor might be able to fund the service.

Public Works budget request: CM Lofgren advised that, for the Council's convenience, the budget request includes documentation of recent street renovations, a table of refuse disposal sites used by the town and associated tipping fees and an equipment list. Director Coleman then presented his FY 2009 budget request, which includes:

  • $10,000 increase for a new roof for Public Works yard lean-to. The roof is in disrepair and has structural damage.

  • $87,000 for new medium size dump truck (current 1997 model is slated for replacement in FY 2010). The truck would help streamline leaf collection and snow removal, for which only one truck is currently available.

  • $6,000 increase in wages for promotion of Public Works clerk to administrative assistant. The clerk has taken on expanded administrative responsibilities during Director Coleman's absences.

  • Hiring of temporary worker as part-time employee. The laborer in question has proven himself to be conscientious and responsible and responsive to requests to fill in when needed.

  • Street renovations funds for the 6200 block of Quebec Place ($96,500), 6300 block of Seminole street ($96,500) and the intersection of Pontiac Street and Edmonston Road ($22,500) in addition to the planned renovation of the 5600 and 5700 blocks of Ruatan and Seminole Streets. These road surfaces are deemed to be most in need of repair.

  • $4,500 for 48” slit seeder to improve the Pontiac Street playing field.

  • $4,000 increase for maintenance & repair budget to be able to pay for higher prices charged by shops and vendors.

Mayor Calvo thanked Director Coleman for a good budget proposal. He commented that he is not inclined to budget for new vehicles next year because of an already tight budget. Director Coleman noted that the truck now in use will last for another year. His reason for proposing buying a new truck  is to make better use of the 2 leaf machines, snow plow and salt spreader. Commenting on Director Coleman's staffing proposals, Mayor Calvo suggested writing a new job description for the Public Works clerk not captured by full-time administrative assistant. He does not support a $6,000 per year pay increase for this position. Additionally, he would prefer hiring full time staff rather than relying so heavily on temporary labor. He would be uncomfortable using a part time employee for 40 hours a week. This, in effect, would create a second class employee and possibly violate fair labor standards. He asked Director Coleman to provide the Council with a cost estimate for hiring another full-time employee, which should entail a substantial decline in the temporary labor budget.

Regarding street repairs, Mayor Calvo said that the section of Pontiac Street between Edmonston Road and Kenilworth Avenue does not belong to Berwyn Heights and should be repaired by the State Highway Administration (SHA). On a larger scale, the entire Pontiac Street/Kenilworth Avenue intersection will be studied by the Traffic Group to develop a comprehensive plan for improvement. Secondly, the Town needs to make a judgment soon as to whether to accept $30,000 in WSSC funds towards hiring a contractor to restore the 5600 and 5700 blocks of Seminole and Ruatan Streets or use WSSC's contractor. This project needs to happen before any others can be considered. Lastly, he asked if the $10,000 appropriated for smaller street repairs were used. Mr. Coleman explained that about half of it was used for replacing broken curbs and patching asphalt in several places. The other half was used  for consultant fees to review the quality of the water main replacement project on Seminole Street.

In response to other questions, Director Coleman said that the wear and tear on the '97 dump truck is caused largely by idling during leaf collection, that he and TA Murphy will pursue repairing the Pontiac Street/Kenilworth Avenue intersection with SHA and the County and that the purchase of the slice seeder would save money over rental in the long term. Further, the life of the roof of the lean-to could be extended with repairs to side of the structure and the sealing of leaks and the John Deere tractor is still serviceable.

Mayor Calvo stated, next year, he would like to look into the Town taking over the recycling function. A new facility for processing recyclable waste no longer requires paper, plastic and metals to be separated and would make it much easier to collect. This could save the Town approximately $15,000.

At 8:50 p.m., the Council took a 10 minute break.

Greenbelt Station presentation: Mayor Calvo welcomed Greenbelt Station representatives Norman Rivera, Sandra Gallagher and an associate. Norman Rivera gave a brief overview of the detailed site plan (DSP) for an apartment/retail complex that will be reviewed by the M-NCPPC Planning Board in April 2008. He said that the complex is located in the south core between the Metro tracks and the Greenbelt Station Parkway, which connects Greenbelt Road with the Beltway. It will have 388 multifamily dwelling units with a pool, club house and parking garage. Also included is a stand-alone retail center for a boutique grocery store and a row of smaller street level stores below the apartments. As per conceptual site plan (CSP), the complex is programmed to have a pedestrian overpass that connects it with the Hollywood section of College Park. However, the exact location of the overpass is still under discussion.

In response to Mayor Calvo, Mr. Rivera said that the developer of this parcel has hired professional retail consultants to recruit merchants for the retail center. However, most businesses will probably wait until some homes are occupied before they open a store. The multifamily units are intended to be condominiums but may be rented if they cannot be sold.

Mr. Rivera briefly presented the blue prints for the Branchville Road bridge suggesting that the Town of Berwyn Heights accept ownership of that portion of the roadway located within Berwyn Heights' right of way. Greenbelt has committed to sweeping and snow clearing the bridge and the County has accepted ownership of the bridge super structure. Mayor Calvo replied that Berwyn Heights formally rejected ownership of the Branchville Road bridge at the last worksession and will continue to do so. He asked when the first homes will be ready for sale as the bridge issue may delay construction. He was informed that the opening of the first town homes is anticipated for summer 2008. Mayor Calvo thanked the developers for coming and said that Berwyn Heights will support the project in accordance with the standing agreement.

2. Code Enforcement

8521 58th Avenue redevelopment: Mayor Calvo welcomed property owner Michael Robert and his consultant Stephanie Terry and asked them to present their plans. Ms. Terry explained that the lot, which has an existing rental home and barn/garage, was subdivided to build a house that the owner intends to occupy. The proposed 2-story colonial would be 52' by 30' in size, with the shorter side facing 58th Avenue and the longer side with entrance facing an existing driveway. However the street-facing side will have a brick facade and ornamental window. The home was positioned in this manner because of an existing storm water drain running along the southern edge of the property. A breezeway is planned to connect the new home with the existing barn/garage.

Councilmembers commented that the lot has been subdivided in a manner that leaves the rental home without a driveway. However, the Town's rental ordinance requires that parking must be provided for each tenant that lives in the home. Thus available off-street parking may limit the number of tenants that can live in the house. If the existing driveway is to be used for tenant parking, the lot line may have to be adjusted. The owner confirmed that a recent water main repair on the property, which caused a mud problem on 58th Avenue, was undertaken by WSSC contractors.

Mayor Calvo thanked the owner for discussing his plans and expressed the hope that the new home will not detract from the quiet character of this street. The Council will not make any decision regarding the home. Town permits are issued as a matter of course whenever County permits have been obtained and presented at the office.

8909 58th Avenue code appeal: Mayor Calvo noted that the appellant, Daniel Torres, is not present  and asked MPT Jewitt to outline the violation. MPT Jewitt explained that Mr. Torres, who owns the property in question, is a appealing a $100 fine for violating the Clean Lot Ordinance by storing miscellaneous rubbish, including a sofa, shelves and building materials, in his back and side yard. Mr. Torres was first informed of the violation on October 23, 2007. However, he did not comply until after the issuance of a fine on November 21. In his December 4 appeal letter, Mr. Torres acknowledged the violation but asked for the fine to be waived because he did not know where or how to dispose of the rubbish. The property was previously cited for a clean lot violation, at which time Mr. Torres was provided with the heavy trash collection schedule and Public Works telephone number to answer future questions he might have about trash disposal.

Mayor Calvo commented that Mr. Torres' excuse is not compelling and that a $100 fine is not excessive. He recommended letting the fine stand as an object lesson. MPT Jewitt added that residents with questions about a violation or other code matter should get in touch with the Code Department as soon as possible to avoid misunderstandings and fines. He then moved to uphold the fine. CM Gourley seconded. The motion passed 5 to 0.

The meeting was adjourned at 10:05 p.m. 

Kerstin Harper, Town Clerk


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