Town Meeting Minutes
April 9, 2008

The meeting was called to order at 7:30 p.m. Present were Mayor Calvo, Mayor Pro-Tem (MPT) 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 (BHHC) Cheryl  Jewitt and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Hearings

Mayor Calvo announced that there will be 3 budget related hearings tonight and gave an overview of the proposed FY 2009 budget. He said this budget increased 3.7% over the FY 2008 budget. The main reasons for the increase are a mandate to purchase new police radios, debt service on a bond issue for joining the Maryland State Pension Plan (providing the bond issue is approved by the voters at the upcoming election), provisions made for a slowing economy and a loss of revenues due to a re-assessment of Verizon's personal property. The budget sets the same tax rates as last year at 48.6 cents per $100 of assessed real property and 1.25 dollars per $100 of assessed personal property. A 2.5% Cost of Living Adjustment (COLA) is also included. Further, the FY 2009 budget sets aside $70,000 for the infrastructure improvement fund, which brings the fund total to $280,000, and $29,000 for the vehicle reserve fund, which brings the fund total to $106,000, leaving a projected $430,000 in undesignated surplus for emergencies.

CM Dennison highlighted changes in the Parks & Recreation budget, including $250 for a Weekly Reader program at Berwyn Heights Elementary School, a new line item for the Historical Committee, reduction in Pop's Park and Recreation Council line items. Further funds previously used for the maintenance of Sports Park were shifted to the Pontiac Street field.

Constant yield tax rate (7:50 p.m. - 7:51 p.m.): Mayor Calvo explained that the Council proposes not to adopt the constant yield tax rate, which is the rate that would generate the same amount of real property taxes in FY 2009 as were collected in FY 2008 to offset the effect of increasing assessments. The constant yield tax rate would be 43.3 cents per $100 of assessed real property value, or 5.3 cents lower than the 48.6 cents rate that has been in effect for a number of years. The constant yield tax rate notice and hearing is mandated by the State of Maryland. Mayor Calvo opened the hearing. There being no comment, Mayor Calvo closed the hearing

FY 2009 budget hearing (7:52 p.m. - 8:40 p.m.): Mayor Calvo opened the hearing. Lisa Carrol of Cunningham Drive commented that she is concerned that the real property tax rate proposed for FY 2009 is not set high enough to offset revenue losses likely to result from an increase in foreclosures. She wondered if the Town has a good estimate of the expected losses.

Mayor Calvo replied that the Town does not have an exact figure on foreclosures. However, it monitors the delinquency rates for real property tax payments. For residential homes, the delinquency rate is normally around 2% and for commercial properties around 4%. Recently, these rates have doubled to 4% and 8%, respectively. Most of the delinquent taxes are eventually paid or recovered when the County holds tax sales. Thus, foreclosures don't affect the Town's revenue base very much. Furthermore, the Town can fairly accurately forecast tax revenues for the immediate future, due to Maryland's triennial assessment system and homestead tax credits, which phases in rising assessments over 3 years and caps them at 10% for residential homes. This year, the Council has made provisions for the declining economy by budgeting conservatively and setting aside $50,000 to deal with unexpected shortfalls. The operating reserve provides an additional cushion.

Mayor Calvo then recognized Ms. Carroll for volunteering to redesign the Berwyn Heights website, which he said saved the Town a lot of money. Together with Clerk Harper, she has set up and now maintains a much more functional website with useful, up to date information.

James Wilkinson of Pontiac Street, a member of the Boys & Girls Club executive board, asked how much money the Town has appropriated for the improvement of the Pontiac Street field. Mayor Calvo replied that the maintenance budget for the field has been increased from $1,900 to $3,000. He invited CMs Dennison and Lofgren to explain in more detail.

CM Dennison said that TA Murphy met with a professional turf consultant, CM Lofgren and Director Coleman to formulate a comprehensive plan for the improvement of the field. Among the options recommended was the purchase of a seed slicer and an irrigation system. However, due to a tight budget, these purchases were not funded. Less costly improvements could include reseeding with the help of a rented seed slicer, top dressing and fertilizing. She would like to meet again to discuss what is feasible.

CM Lofgren said that he had a long career as a recreation manager and disagrees with the recommendations of the expert to buy expensive equipment that might be used once every year. Instead, he and Director Coleman plan to take a more hands on approach, which includes close monitoring of the newly seeded field, application of topsoil and additional seed to areas that need it, with a focus on the play area. At the moment, new grass is coming up very well but some luck with the weather will be needed to ensure that the new grass gets established. The field should be suitable for playing soccer once new top soil is applied to even out the surface.

Mr. Wilkinson thanked Public Works for continuing to improve the field. However, from the standpoint of a soccer coach, the quality of the field leaves a lot to be desired. Kids continue to stumble on the uneven ground and isolated tufts of grass. In a related matter, he asked if the Council still plans to construct an asphalt path from the school parking lot onto the field, which the Boys & Girls Club requested in last year's budget. Mayor Calvo replied that, to his recollection, money was set aside in the FY 2008 budget amendment to construct the path. If that is the case, the project can move forward. He asked TA Murphy to look into it. Mr. Wilkinson continued that the Boy's & Girls Club supports the installation of an irrigation system as a long-term solution to preventing grass from dying over the hot summers and that the Club is seeking grants to supplement Town funds. For earth day on April 26, the Club is spearheading a cleanup of the field.

Chris Brittan Powell of Osage Street, who is President of the Boys & Girls Club, sought further clarification about the Town's plans for improving the Pontiac Street field. Mayor Calvo said that, in a January worksession with the Club, the Council discussed a range of options for improving the field but opted for interim measures in the short term rather than make expensive capital investments. He believes that there was agreement to try out the mid-range options that CM Lofgren just described. CM Lofgren said that the field was aerated, fertilized and re-seeded in March and will receive top dressing in an effort to even out the ground and establish a good root system. Additionally, several problem areas in the playing field will receive manual care. However, results will take time.

Mr. Brittan Powell said he believes these improvements were ranked as the minimum option in the comprehensive plan discussed in January and that irrigation would be needed for the new grass to survive the summer. Mayor Calvo said that the Town this year will seek to improve the field in the manner CM Lofgren described and, next year, if this method fails to produce the desired results, try additional measures, possibly including an irrigation system. However, the type of irrigation system needs further discussion. Mr. Brittan Powell asked for a time line for requesting and approval of additional resources. Mayor Calvo said that an assessment of the current strategy will likely be made in the fall but he cannot vouch for the next Council making a decision to spend $50,000 on a full-fledged irrigation system. MPT Jewitt said that it is unlikely the Council will budget for an irrigation system in FY 2009. FY 2010 would be the earliest at which substantial capital outlays could be expected.

CM Dennison commented that the Council and the Boys and Girls Club will need to meet in the fall to re-evaluate the field and to agree on a plan for the FY 2010. CM Gourley encouraged Club leaders to find grants and raise funds in other ways, which the Town might then be able to supplement. However, an expenditure for a $50,000 irrigation system is unlikely. Mayor Calvo agreed that there should be a joint effort to come with the money for an irrigation system. So far, the Town is doing what it promised to do during the last meeting with the Boys & Girls Club leadership.

Mr. Brittan Powell said that this is the first time he is learning that the seed slicer has been cut and other investments will not be made. Communication between Club and Council needs to be improved so that the Club has realistic expectations of what is possible. He then sought clarification as to when the walkway to the field would be completed, if it was indeed funded. Mayor Calvo replied that TA Murphy will need to confirm funding, get a new bid and then hopefully get the path constructed sometime before the end of this fiscal year. Plans for the path and a new shed have been approved by Prince George's County Public Schools (PGCPS).

Lastly, Mr. Brittan Powell commented that the Town's efforts to improve retirement benefits for its employees are laudable. However, he believes there are more effective ways to retain employees, in particular police officers, such as higher salaries and allowing officers to work part-time outside their regular job. Mayor Calvo clarified that Berwyn Heights officers can work part-time for the Town but not for other jurisdictions, which is not covered by the Town's insurance carrier.

Public Safety Taxing District Budget Hearing (8:40 p.m. - 8:42 p.m.): Mayor Calvo explained that the Public Safety Taxing District (PSTD) comprises all the businesses in the Town's commercial and industrial districts. The introduced budget includes a real property tax rate of 10 cents per $100 of assessed value and a personal property tax rate of 15 cents per $100 of assessed value to fund an additional police officer for the Town. The personal property tax rate was raised by 5 cents to cover rising costs and the loss of in Verizon personal property property taxes. Mayor Calvo opened the hearing. There were no comments and the hearing was closed.

Pension bond issue hearing (8:42 p.m. - 8:43 p.m.): Mayor Calvo explained that Ordinance 142 approving a pension bond issue was introduced at the March Town meeting and is up for adoption later tonight. Thereafter it will be subjected to a referendum by Town residents at the May 6 Town Council election. Mayor Calvo opened the hearing. There were no comments and the hearing was closed.

2. Minutes

Clerk Harper read a summary of the March 12 Town meeting minutes. On a motion CM Gourley and second by CM Dennison, the minutes were approved 5 to 0.

3. Treasurer’s Report

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

4. Mayor’s Report

Mayor Calvo commented on the fatal stabbing of a Parkdale High School student on April 2, 2008 and sent condolences to the family and friends. Mayor Calvo since met with Principal Burton to discuss the circumstances of the stabbing, which took place ¼ mile from the campus, and Parkdale's response. The suspect is reported to be a gang member and was expelled from the school last year.

With respect to the budget, Mayor Calvo reported that, with the loss of $30,000 in Verizon personal property taxes, the Town is working diligently on getting all businesses in the Town of Berwyn Heights to pay their personal property taxes. TA Murphy, who implemented a number of reforms to the tax collection system, has been in contact with the recently annexed PG Scrap, NRMCA and Pepco to induce them to pay their taxes.

Regarding the Metroland development, construction of the connector bridge over Branchville Road is well underway. The County has now accepted ownership of the bridge. With its completion, the first town homes will go up for sale and Berwyn Heights is to receive the first of two $500,000 payments from the developers to compensate it for traffic and safety impacts. The Town Council had discussions about the increase in traffic on Route 193 likely to result from proposed developments. MPT Jewitt took the initiative in drafting a letter to the Secretary of the State Transportation Department urging improvements to Route 193 under the the Neighborhood Conservation Program. Mayor Calvo is looking forward to work with the next Council to guide new development along the Greenbelt Road corridor into positive directions.

Mayor Calvo continued that the Town today received a letter with a revised assessment of the costs for joining the Maryland State Pension system. Although the upfront cost of joining has increased from $1,065,000 to $1,115,000, based on changes in the Town's workforce, the annual contribution rate has decreased from 9.17% to 7.37%, which amounts to approximately $16,000 in savings each year.

In other news, Mayor Calvo attended a meeting with the Director of the Prince George's Community Foundation (PGCF), who was invited by the Historical Committee to discuss the benefits and requirements of establishing a fund with the Foundation. Membership in the foundation would enable the Committee to receive and make charitable gifts without having to become a 501 c(3) non-profit organization itself. Lastly, Mayor Calvo congratulated resident Ann Harris Davidson on the publication of her book “Berwyn Heights: Then & Now.” The book was publicized with a recent book-signing, hosted by the Historical Committee, which had a great turnout. He encouraged residents to buy a copy of the book, which will be of lasting value to the Town.

5. Department Reports

Administration: CM Gourley expressed his appreciation for the staff of the Administration Department. Among the accomplishments of his two years as Department Head is a re-invented Town website and providing a space for a future Berwyn Heights museum. He thanked Cheryl Jewitt and the Historical Committee for putting a lot of time in setting up the museum. He regrets that nothing came of effort to upgrade the Town's credit cards. Lastly, he expressed his pleasure in having worked with MPT Jewitt over the last two years and presented him with a cake to be served after the meeting concludes.

Code Enforcement: MPT Jewitt thanked CM Gourley and the Council for their words of appreciation. In a brief retrospective of his service, he said that he first came on the Council to fill the vacancy left by Mayor Tawanna Gaines when she was elevated to Delegate in January 2002. He then ran for Council and was elected Mayor in May 2002. He left office when he was called up to a tour of active duty with the US Marines in January 2003 and ran for Council again in 2006. Elected Mayor Pro Tem, he was pleased to serve under Mayor Calvo's leadership and with a Council that worked closely together towards a set of shared goals. He particularly enjoyed working with long-term Councilmember Lofgren, who came back from his retirement in 2006. He believes that residents will find in Mike Attick a prospective Councilmember, who is well prepared to fill his vacancy having attended almost all Council meetings over the last few years.  Lastly, he recognized the efforts of the Code Department, which has organized itself to meet the many additional responsibilities given it with the adoption of stricter rental and clean lot regulations.

Returning to regular business, MPT Jewitt reminded residents not to let grass grow above 10”, not to leave trash cans at the curb for long periods of time and to get permits for any home improvement projects. He also reported that Director Solomon is in the midst of preparations for Berwyn Heights Day, producing informational brochures and organizing fun activities for families. He concluded with statistics on code activities.

Parks & Recreation Department: CM Dennison reported that Berwyn Heights Day planning is in full progress and that volunteers are still needed. Students can earn community service hours. Former Berwyn Heights Officer Richard Hartnett will return as D.J. She congratulated Ann Harris Davidson on a very successful book-signing. At last night's Education Advisory Committee (EAC) meeting, PTA President Beth Brittan Powell reported that the current PTA board members have all agreed to stand for re-election, including Sheryl Compton and Maria Robles as Vice Presidents, Jackie Conover as Secretary and Ditte McInnes as Treasurer.  On April 26, the PTA will have a yard sale fund raiser.  Also on the calendar is a Family Fun Night on May 6 and a Year End Pool Party on May 30.

Public Health and Safety: Mayor Calvo added the announcement that Candidates' Night will be held on April 23, 8 p.m. at the Town Center.

Chief Murphy gave the police activities report for the previous month. There was a moderate amount of activity overall but a high number of arrests for traffic offenses. There were 12 Part I offenses for March, somewhat higher than the 5 year average of 11. The year-to-date total for Part I offenses is 22, an improvement over the 5 year average of 29. In other news, the officers attended free training in constitutional law sponsored by the Town's insurance carrier LGIT and hosted by the City of Laurel. Further, he thanked Ann Harris Davidson for donating a signed copy of her book to the Police Department, wished MPT Jewitt the best of luck upon retiring from the Council and, on a personal note, thanked everyone for their well wishes when he was in the hospital for surgery. He concluded with highlights from the press releases.

In response to CM Gourley, Chief Murphy said that not all persons arrested for traffic offenses are taken into custody. If they do not pose a risk to themselves or others, they can be released at the discretion of the officer. However, their vehicles are impounded.

Public Works: CM Lofgren reported that everything is proceeding as usual in the Public Works Department.

6. Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson reported that legislation to re-establish a 9 single-member district school board was approved by Maryland's General Assembly last week. The districts are similar to those in existence before the elected board was abolished and are drawn to keep municipalities intact. Berwyn Heights will be in District 2 along with College Park, Greenbelt and parts of Lanham and New Carrollton. A visit by the School Board Member Amber Waller has not yet been rescheduled. The BHES PTA is focused on reaching out its local middle and high school, with the preK-8 conversion put on hold until at least 2011. On April 1, the counselor of Greenbelt Middle School attended a BHES meeting to give a presentation and answer questions. Further, Maryland State Assessments (MSA) for elementary schools have concluded; high school assessments (HSA) will be administered in May.

Ms. Davidson continued that she recently attended an audition of science and technology students at Eleanor Roosevelt High School, who presented reports on a multi-year study of water quality in the Potomac Watershed. They have taken water samples from Indian Creek every 2 weeks for several years to test for turbidity, particulate matter and other indicators of stream health. The monitoring continues to date and covers the period when Indian Creek has become more muddy. She can provide contact information if the Town is interested.

Historical Committee: Chair Cheryl Jewitt reported that, as part of the Committee's work to open a museum, a sub-committee has been established to develop an accession policy that establishes criteria for accepting and rejecting donated historical documents and artifacts. Members Jim Hudson, Dick Myers and Hank Becker have agreed to be on the sub-committee. Next steps include preparing proper display conditions in the museum and meeting with consultants to discuss options for  museum layout, exhibits and storage solutions.

Ms. Jewitt continued that Ms. Davidson's book-signing was attended by approximately 90 guests, making it the Committee's largest event yet. Among the guests was Bonnie Shields, representing her husband Lee, who is the Greenbelt Museum's historian. Ms. Shields, nee Bonnie McCaw, grew up in Berwyn Heights and, having purchased a book, was delighted to find that she was pictured in it with a childhood friend, Rita Miller, now Sayer. Ms. Davidson elaborated that the photo in question was provided by the childhood friend, who unbeknownst to Ms. Shields also happened to live in Greenbelt. The photo led to a reunion of the former friends.

In other news, the Historical Committee on April 27 will visit the Laurel museum for a private tour. The museum kindly provided a copy of its collection policy to use as a model. On Berwyn Heights Day, the Committee will unveil the next historic street marker and the next meeting will take place on May 22.

Neighborhood Watch/Emergency Preparedness: There was no report.

Recreation Council: There was no report.

Safe Streets Committee: Mayor Calvo noted that legislation to authorize municipalities to set up speeding cameras was not passed by the General Assembly.

7. Unfinished Business

Ordinance No. 142 – 2nd Reading & Adoption of Pension Bond Issue: Clerk Harper read a summary of the Ordinance. On a motion by MPT Jewitt and second by CM Dennison, the remainder of the Ordinance was considered read. CM Gourley moved and CM Lofgren seconded  to adopt the Ordinance. Mayor Calvo explained that the Ordinance authorizes the Town to borrow up to $1,065,000 to join the Maryland State Pension System based on giving employees credit for 1/3 of prior years' service. He noted that the Town was informed today that the cost for joining the system has gone up to $1,115,000. The additional money will not be added the bond issue but the Town will have to make up the difference in another way, possibly by using the Metroland compensation or surplus funds. The annual expense for repaying the debt is $109,000 over the term of the bond, half of which has been budgeted for FY 2009 and the other for FY 2010. Now the issue goes before the voters at the May 6 election.

Mayor Calvo commented that he believes that, while it is not easy for the Town to come up with the money, it is the right thing to do. The Town's current retirement system does not adequately provide for the needs of its employees, many of whom lack the interest and financial savy to manage their own investment portfolio. In addition to a reliable income, the State Pension System also provides disability and survivor benefits. Employees have expressed their support for this plan in departmental committees and interviews with Councilmembers. He is concerned that the Town will loose employees to neighboring municipalities, most of which offer the State Pension Plan or a better system.

CM Gourley said that he has advocated for Town employees since he came onto the Council. While this is not the best retirement system available, it is probably best the Town can afford. He knows from personal experience how important it is to have money set aside for one's retirement. He is convinced that the Town will find it more difficult to attract and keep employees in the future, especially police officers, if a better pension plan is not adopted.

CM Dennison commented that she has been on the fence about joining the State Pension System because she is worried about borrowing such a large amount of money. She has also received a number of citizen comments expressing reservations about this plan and is glad that they will have a chance to vote on the issue. However, she values Berwyn Heights' long term employees, who know the Town and its problems. She finds long term employment to be particularly important for police officers because they get to know residents and can help keep an eye out for their children. She believes the Town should do something to retain its employees.

The Council approved Ordinance No. 142 in a 5 to 0 roll call vote.

8. New Business

Ordinance No. 143 – 1st Reading & Introduction of FY 2009 Budget: Clerk Harper read the Ordinance. CM Lofgren moved to introduce the budget. MPT Jewitt seconded. CM Gourley commented that he hopes the Council will be able, as part of the budget amendment, to give raises to employees, who are not within the pay scale of their position, and to fund additional hours for the part time code enforcement officer if there is money left over.

Mayor Calvo said that the Council plans to do recycling in house rather than contracting it out next fall. The switch was made possible because the County opened a new materials recycling plant which can process unsorted recyclables, which greatly facilitates the pickup. He believes the Town can do a better job more cheaply. In the long run, the Town should be able to increase its share of recycling versus trash disposal. This becomes more relevant as the County raises it's tipping fees, which will amount to $90,000 in FY 2009.

The Council introduced the FY 2009 Town budget in a 5 to 0 roll call vote.

Ordinance No. 144 - 1st Reading & Introduction of FY 2009 Public Safety Taxing District Budget: Clerk Harper read the Ordinance. CM Gourley moved to introduce the Ordinance. CM Dennison seconded.  Mayor Calvo said the PSTD budget increased from $54,700 in FY 2008 to $67,200 in FY 2009 and almost achieves the goal of fully funding one police officer. During the periods when the Town had the full complement of 8 officers working a drop in crime could be observed. Their presence is seen and felt. The Council introduced the FY 2009 PSTD budget in a 5 to 0 roll call vote.

Ordinance No. 107 - 1st Reading & Introduction of Clean Lot Amendments: On a motion by CM Dennison and second by CM Dennison the Clean Lot Ordinance amendments were considered read. Mayor Calvo noted that the Council wanted to address two specific issues relating to clean lots before MPT Jewitt retires, e.g. parking on grass and vacant properties. MPT Jewitt explained that the amendments more clearly define an unpaved surface and shorten the compliance period for correcting a parking on grass violation. At this time, there is no effective enforcement mechanism for stopping residents from parking on grassy or unpaved surfaces. The new regulation would allow a code officer or police officer to issue a warning when the violation is first spotted and issue a fine if the violation has not been corrected within 24 hours

Mayor Calvo explained that with the rise in foreclosures, the Town has seen an increase in vacant and neglected properties. Last summer the Code Enforcement Department had a problem with not being able to contact the owners of some vacant properties and decided to shorten the time for ordering an abatement of the properties in question. The abatement is performed by Public Works employees after 30 days of unsuccessfully trying to contact the owner. The cost is charged to the property owner and will be collected as a lien on the property, if the owner fails to pay for the charge within 10 days of the abatement. CM Lofgren said that he agrees with the substance of the amendments but his vote would depend on some fine tuning.

The Council introduced the amendments to the Ordinance in a 5 to 0 roll call vote.

Resolution 3-2008 – Adoption of Public Works Mutual Aid Agreement: Clerk Harper read the Resolution. MPT Jewitt moved to adopt the Resolution. CM Dennison seconded. CM Lofgren explained that 9 Prince George's municipalities have agreed to assist each other in case of an emergency, disaster or terrorist threat. This agreement formalizes the arrangement. There were no comments. The Council adopted the Agreement in a 5 to 0 roll call vote.

9. Citizens Discussion

There was none.

Kerstin Harper, Town Clerk

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