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Worksession Minutes
April 7, 2008

 

The meeting was called to order at 7 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Jewitt, CMs Dennison, Gourley and Lofgren. Also present were Town Administrator (TA) Murphy, Clerk Harper and citizens.

1. Mayor

Agenda: An executive session to discuss the citizen of the year was added to the end of the meeting.

Announcements: Mayor Calvo attended the book signing of Ann Harris Davidson's “Berwyn Heights: Then & Now.” He enjoyed the event, which drew close to a hundred guests, and bought several copies of the book. The Seniors Club will host Mayor Calvo for a conversation about the proposed pension plan for Town employees on April 8 and celebrate its 25th anniversary on April 13. On April 30 and May 1, Seniors have the opportunity to take an American Association of Retired Persons (AARP) drivers safety course.

Calendar: The student mock Town Council meeting was postponed to April 21, 6:30 p.m.

Minutes: On a motion by MPT Jewitt and second by CM Dennison, the March 24 worksession minutes were approved 5 to 0 with corrections. The March 12 Town meeting minutes were reviewed for approval at the April 9 Town meeting.

Department reports: MPT Jewitt has drafted a letter of support for funding Route 193 improvements in connection with the possible re-establishment of the Neighborhood Conservation Program and has forwarded it to Mayor Calvo for review. CM Dennison congratulated the Historical Committee and Ms. Davidson on a successful book signing and the Senior's Club on their 25th anniversary. She announced that more volunteers are needed for Berwyn Heights Day. Mayor Calvo is planning to set up a meeting with local realtors to discuss the current housing market and possible strategies for dealing with foreclosures. He also plans to convene the Commercial District Management Authority (CDMA), which at the moment has no effective leadership, to present the Public Safety Taxing District (PSTD) budget. He would also like to discuss how to retool the committee, so that it can give input on the new development in commercial district, and the appointment of a new chair.

Citizen comments: Mayor Calvo received comments about the Pontiac Street field and the Town's plans for making improvements, about recess policy at Berwyn Heights Elementary School (BHES). He also received a complaint about construction of a temporary driveway for parking commercial vehicles. MPT Jewitt received an inquiry about the status of enforcement of the Commercial Clean Lot Ordinance, which is in the initial stages of implementation. CM Gourley commented that he received his mail very late at 6:45 p.m. and wondered about the reasons.

Mike Attick of 62nd Avenue commented that lately, he receives his mail between 5 and 7 p.m. and surmised that it is the result of not having an acting postmaster at the College Park station. Further, he suggested that the Town Council reconsider the reduction in its contribution to the Fire Department, which is trying to save money for a new ladder truck. Apart from that, the County is once again considering cutting the 8th professional firefighter at the Branchville and Berwyn Heights Fire Departments. The Council may want to approach developers about assistance with funding public safety programs. Mr. Attick also urged the Council to use the constant yield tax rate as the baseline for the budget, because it maintains the current tax load on residents. Simply maintaining the current real property tax rate raises residents' tax loads because of rising assessments. 

CM Lofgren stated for the record that the Town increased the Fire Department appropriation last year for the purpose of purchasing 2 defibrillators. CM Gourley asked if the Fire Department raises any funds from Springhill Lake, to which the Department responds frequently. Mike Attick replied that about $3,000 a year are raised from non-Town sources, most of which comes from Westchester Park.

Pension Bond Ordinance: Mayor Calvo asked Councilmembers to review the Ordinance for adoption at the April 9 Town meeting. No corrections have been made by TA Murphy since its introduction in March. The Ordinance contains the question, which will be on the ballot in the May 6 election. Absentee ballots will be not be made available to residents  until after the approval of the Ordinance. Council made a couple corrections to punctuation and formatting.

Mayor Calvo asked TA Murphy if he has developed proposals for alternative pension plans from private insurers. TA Murphy said that he is still working on that. Mayor Calvo said this in effect precludes the Council from considering any alternatives at the Town meeting. This Ordinance only authorizes borrowing for the purpose of joining the State Pension System. A different ordinance or resolution would be required to join a different system. MPT Jewitt said that joining a different system likely would not require borrowing large amounts of money.

Mayor Calvo said that a private insurer may require either a lump sum payment upon joining or higher annual contribution rates based on its own actuarial valuations. He did not think that private insurance plans would offer better terms than the State plan. However, he would have liked to have something available for consideration because residents have suggested looking into other options. Another plan could of course be developed if this Pension Bond does not get approved by the voters in May but it would require another referendum and could not be done as part of FY 2009 budget. CM Gourley said that the Council could hold a special election in mid-year to approve an alternate plan and include it in the FY 2010 budget. CM Lofgren said he was under the impression that the Council was committed to the State Pension Plan. The State Plan may well offer the best value for the money as evidenced by the fact that 9 other Maryland municipalities have decided this year to join the system.

2. Public Works

In-house recycling costs: CM Lofgren said he has reviewed the feasibility study for starting an in-house recycling program put together by TA Murphy and Director Coleman. He sees no reason why this could not work. TA Murphy explained that the proposal assumes a once-a-week pickup with an old compactor truck and a three-man crew. Pickup would take place on Wednesday, so as not to interfere with regular trash pickup and avoid equipment and manpower conflicts. Staffing for the recycling pickup could be done by using either one full-time employee and one temporary laborer or two temporary laborers. A driver could be chosen from 4 employees with CDL licenses. Using one full time employee and one temp would be more expensive but is preferred by Director Coleman because it would guarantee at least one  experienced and reliable worker performing the job. It is also recommended to hire an additional full-time employee, who would be used as a  backup for a variety of jobs throughout the week.

Mayor Calvo commented that there are advantages and disadvantages to switching recycling from Thursday to Wednesday, the disadvantage being a likely temporary drop off in recycling while residents adjust to the new schedule. In terms of costs, an additional full time employee could be paid out of the $54,500 in recycling tax revenues collected from residents each year. Additional revenues would be generated from $12 per ton paid by the Prince George's County for disposing recyclables at the Materials Recycling Facility and by any businesses that might sign up for the service. However, he does not believe that an additional temporary laborer is needed if a full time employee is hired. Another cost to be factored into the budget is the purchase of a new garbage truck and its maintenance costs. The truck that is proposed to be used is 14 years old and not likely to last many more years.

CM Lofgren commented that if recycling is done in-house, there is a potential to greatly increase the recyclable component of residents' trash, which, at some point, might warrant adding a recycling day for a trash collection day. Again, this would generate additional revenues. The most valuable materials among recyclables are aluminum and cardboard; glass and paper do not have a high return. CM Dennison said that she supports in-house recycling if Public Works can handle it. She  believes that an additional full time employee will probably be needed to make it work. CM Gourley said that he has long hoped the Town would be able to do its own recycling as it is likely to be more cost-effective in the long run. MPT Jewitt commented that an additional full time employee and a one-day-a-week temporary worker recommended by Director Coleman would be the ideal to carry out the new responsibilities. The cost of  replacing the old trash truck may be less than anticipated. A new trash truck could probably be a less expensive model because recyclables no longer have to be separated. Other points raised included the need to educate residents about switching to Wednesday recycling, possibly with the help of BHES students, and checking into the possibility of reducing trash collection to once-a-week, as in College Park, and mechanizing the pickup of recycling bins.

TA Murphy was asked to create a worksheet that itemizes anticipated revenues and expenditures for an in-house recycling program that can be incorporated into the FY 2009 year-end budget amendment. It should assume one additional full time employee, inclusive health benefits for husband and wife, the purchase of a replacement truck, as well as day-to-day operational expenses.

At 8:30 p.m., the Council took a 10 minute break.

Public Works Mutual Aid Agreement: CM Lofgren explained that this agreement would commit a number of Towns in northern Prince George's County to assist each other in case of an emergency. The agreement was discussed at last year's Maryland Municipal League (MML) conference and was to be approved by the councils of each participating municipality. However, with additional Towns wanting to be included, the agreement was revised and has now been resubmitted for approval. Mayor Calvo added that one of the municipalities is University Park, which experienced a small tornado last year and called on its neighbors to help with the cleanup, which they did. An agreement would have  made assistance a matter of course. TA Murphy was asked to draft a resolution to approve the agreement at the next Town meeting.

3. Administration

No items were discussed.

4. Code Enforcement

Clean Lot Ordinance amendments: MPT Jewitt outlined the proposed language for amendments relating to parking on grass violations.  Section 4F has a new more detailed definition of paved area on which all vehicles must be parked. Section 5J declares the parking of all motor vehicles on grassy or unpaved areas of a yard a violation. Exempted are registered boats, trailers and other recreational vehicles, for which a permit has been obtained. Section 6B authorizes any code enforcement officer or police officer to enter a private property in order to place a 24-hour warning notice on a vehicle parked in violation, and to issue an immediate fine, if the violation has not been corrected after 24 hours from issuance of the warning. A new provision in Section 7 would specify that the fine for this violation will be set by a resolution of the Town Council. It was proposed to set the fine at $50.

Mayor Calvo explained that the Ordinance also contains a revised Section 7A (7). It authorizes a code official to enter a neglected private property with a Clean Lot violation and order an immediate abatement if the property has been vacant for 30 consecutive days and the owner cannot be located. CM Gourley suggested that additional fines be charged if the property remains in violation. Mayor Calvo said that an abatement and initial fine would be charged as a lien on the property, which will accrue interest. The goal should be to fix the violation rather than to generate fines. Fines for repeat offenses could be imposed but can be worked out as part of a fine schedule.

Mayor Calvo elaborated on parking on grass violations. He said that any code or police officer could issue a citation to the owner of a car that is parked on grass, regardless of how long the car has been there. The citation is a code matter, however, and would be processed by the Code Department, which would follow up with a letter to the resident. If it is a first time offense, the letter would merely warn that a fine will be issued if the vehicle is parked on the grass again. If the violation recurs and another citation is issued, the Code Department would then send the resident a fine letter. As a code matter, the violation would be appealable to the Town Council. An exception should be made for vehicles that are on the grass but attended to. 

Mike Attick commented that a similar case could be made for cars that are parked with two wheels on the curb. Mayor Calvo thought that this would be a police matter and addressed by the Parking Ordinance. MPT Jewitt said that some sections in the Ordinance need to revised to make them consistent with the new provisions. This includes Section 7A (5b) and Section 8A, where the phrase unless otherwise noted should be added to modify the standard compliance periods. There was further discussion of what constitutes a hard surface on which vehicles can be appropriately parked. This and other clarifications may be needed to finalize the Ordinance before adoption; among them, whether the new provisions accord with County code and whether code officers are legally authorized to enter on private property. TA Murphy was asked to make the revisions discussed.

5. Parks and Recreation

No items were discussed

6. Public Safety

No items were discussed.

7. Budget

Mayor Calvo said that TA Murphy made some changes to the budget spreadsheet and included revisions agreed to at the last budget worksession. Councilmembers are requested to look them over. He asked if an additional $7,134 has been appropriated for the Maryland State Pension system contribution to allow for the increase of the contribution rate from 8.94%  to 9.17% as was ordered by the Council at a previous worksession. TA Murphy said that he will check on it.

8. Executive Session (9:40 p.m. - 9:55 p.m.)

On a motion by CM Dennison and second by CM Lofgren, the Council went into executive session to select the citizen of the year. On a motion by MPT Jewitt and second by CM Dennison , the executive session was closed.

Budget continued: TA Murphy reported that he checked over the MD State Pension contribution appropriation. Another $1,818 needs to be added to it, which can be taken from the general liability line item. MPT Jewitt so moved. CM Gourley seconded. The motion passed 5 to 0.

The meeting was adjourned at 10:00 p.m.

Kerstin Harper, Town Clerk


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