Worksession Minutes
April 21, 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, Gazette reporter Jonah Schuman and citizens.

1. Mayor

Announcements: There were none.

Calendar: The start time for the May Town meeting was set for 7:30 p.m. The date for the Town-wide yard sale was set for June 21.

Minutes: On a motion by CM Gourley and second by MPT Jewitt, the March 31 budget worksession minutes were approved 5 to 0 with corrections. On a motion by CM Dennison and second by MPT Jewitt, the April 7 worksession minutes were approved 5 to 0 with corrections.

Department reports: CM Dennison reported that Berwyn Heights Day planning efforts are nearing completion and thanked all departments and organizations for their help. The Student Mock Town Council meeting will take place on April 29 and a  PTA yard sale and Earth Day clean up of Pontiac Street field on April 26. CM Lofgren reported that the Public Works Department continued to work on improving the Pontiac Street field. Mayor Calvo reported that two Police Department laptops had to be replaced and one repaired at a cost of approximately $2,500. A police officer moved out of the range of  locality pay or take-home car benefits. TA Murphy reported that $2,000 were set aside in a FY 2009 budget amendment to construct an asphalt path to access the Pontiac Street field from the school parking lot. Director Coleman has solicited a bid $2,530 to construct a 4' wide path, plus $1,800 to extend the path to the Boys & Girls Club shed. Another $600 estimate was obtained for curb cuts on 63rd Avenue to make an entrance to the field. An old Public Works yard gate could be installed for an opening in the fence.

Agenda (added item): Mayor Calvo proposed to add an agenda item to Parks & Recreation to discuss the Pontiac Street walk way. There were no objections. On a motion by CM Gourley and second by CM Dennison, a discussion of port o' johns for Berwyn Heights Day was also added to the agenda.

Department reports (continued): Mayor Calvo said that he visited Berwyn Heights Elementary School (BHES) last week to talk to the 4th graders about the “If I Were Mayor Contest” and to speak with Principal Singer about recess policy.

Citizen comments: CM Dennison received a complaint about trash cans being left at he curb for extended periods of time. MPT Jewitt received a comment about budgeting for the next police vehicle and whether a Police Chief, who spends most of his time on administering the Department, needs a take-home car. Mayor Calvo received comments about taxes, stop sign traffic violations, abatement of vacant properties, barking dogs, the pension plan and police presence. Mayor Calvo also received comments about the location of CM Gourley's elections signs, some of which are still posted illegally. CM Gourley said that he moved all those signs that were within the Town's 10' right-of-way. Mayor Calvo said that he may also not post any signs on public property or commercial properties without permission, regardless of distance from the curb. CM Gourley said that he will remove those signs as well but would like to discuss the issue further at a future worksession.

2. Administration

Bulletin cover: The following items were approved for the May Bulletin cover: Berwyn Heights Day and Town Council elections with emphasis on pension bond referendum,  Town budget and a jump for the reception of the new Town Council.

3. Public Works

Clean Lot Ordinance amendments: TA Murphy reviewed the changes made since the last discussion of the Ordinance. Section 4F has a refined definition of paved parking area. Any parking area is required to be conformance with the County zoning ordinance, which means that a driveway or paved parking area must have a curb cut and be at the side of a property. For non-conforming parking areas a variance is must be obtained. In Section 5J, boats, motorcycles and motor vehicles of any type were added to the list of vehicles prohibited from parking on grassy yards or other unpaved areas. Exempted are registered seasonal and recreational vehicles, such as boats and trailers. A permit for such vehicles can be issued by the Town Administrator for periods up to 72 hours and beyond that by the Town Council.

In Section 6B, a provision, which specifies that a 24 hour warning notice is to be issued for a first offense of parking on grass or other unpaved area, was deleted. The Council reasoned that the same citation should be issued by a police or code officer for each instance of a vehicle parked in violation. The Code Department then makes a determination if the citation, or infraction notice, carries a warning or a fine and sends out the appropriate letter. Also deleted was language authorizing police or code officers to enter upon private property to issue a citation. CM Lofgren expressed doubts that it is within the Town's purview to authorize entry on private property. TA Murphy explained the Town attorney has confirmed that the authority of a police or code official to enter private property in the line of duty is implied. Further, the provision authorizing issuance of an immediate fine after one warning was clarified to mean that the warning applies to a 12 month period.

TA Murphy further explained that he added a separate Section 7D to authorize the Town to abate vacant properties, which are in violation of high grass or other regulations, provided a 30 day compliance period has expired, the owner or owner's whereabouts are unknown and due diligence has been exercised to locate and notify the owner. The Council agreed to delete the provision granting 30 days to correct a violations. With an increase in the number of vacant homes due to foreclosure, too many properties would would remain neglected too long. MPT Jewitt suggested that the first certified letter sent out to the owner on record could become the starting point for the abatement process. If the letter comes back unanswered, the Code Department might proceed with the abatement after 15 days. Mayor Calvo said that an additional effort should be made to identify the owner of a vacant property apart from sending a certified letter. TA Murphy was asked to make the latest changes for final a review at the next worksession.

At 8:40 p.m., the Council took a 10 minute break.

Code appeal I – 5815 Greenbelt Road: Mayor Calvo welcomed Bill Guilliano, who owns a commercial property leased to Video Liquidators and, formerly, Costa Allegre. MPT Jewitt gave an overview of the case, which consists of two separate clean lot violations. The first violation notice was issued on December 21, 2007 for trash and litter surrounding a dumpster in the rear of the property. The violation carried a 7 day compliance period, because there had been previous violations in 2007. With no action taken, a $100 fine was issued on December 31. Mr. Guilliano responded by leaving a voice mail at the office, saying that he was out of Town and requesting the Code Director to call him. The Director returned the call on January 2, 2008 and left a message explaining the violation. A $200 fine was issued on January 8. On January 14, the Code Director witnessed the eviction of a former tenant, who had died in a house fire. Mr. Guilliano was present and promised that all furnishings would be removed on the same day. He also asked if the fine could be waived, given the circumstances of the violation. Director Solomon gave an explanation of the appeals process. A written appeal letter was received on January 23.

On January 22, the Code Department registered another violation at property consisting of branches and other trash strewn around the dumpster. A certified letter notifying Mr. Guilliano of this violation was sent on January 23, giving 7 days to correct the violation. With no action taken, a $100 was imposed on January 31 and a $200 fine on February 8. By February 17, the property had been cleaned but no fines had been paid. A $300 lien letter was mailed to the County. On February 20, Mr. Guilliano called to say that he plans to write another appeal letter and file a complaint against the Town Police Department for not enforcing illegal third party dumping at his property. An appeal letter was received at the office on February 29.

In his testimony, Mr. Guilliano explained that the violations are the result of illegal dumping around his dumpster, which is a regular occurrence. However, the Costa Allegre tenant had done a good job of keeping the dumpster area clean. With her death, the maintenance stopped and he was unable to arrange for a cleanup over the Christmas holiday. Hence his request for an appeal. The second violation occurred when he was preoccupied with trying to finalize an eviction of the Costa Allegre tenant, initiated when  she fell behind on paying the rent. The eviction was followed by a thorough cleanup of the property and a second appeal for waiving all accumulated fines. Mr. Guilliano said that he would like to work with the Town to stop the illegal dumping. He is planning to block access to the dumpster with chains and request the Town's police to check on the property more frequently. However, there might be complaints when residents can no longer use the back of his property as a cut-through.

Mayor Calvo commented that the short compliance periods were given because the property is a repeat offender. Further, Berwyn Heights police checks on the property regularly and has on occasion responded to incidents related to Video Liquidators. He suggested the owner look into installing video cameras to monitor the area and file police reports when there is an incident of illegal dumping. He would consider the death of a tenant over the Christmas holidays a mitigating circumstance and grant a reduction in the fines. However, maintenance of a property is the responsibility of the owner, whether or not littering is caused by third parties. He sees no particular mitigating circumstance for the second violation. The owner was informed of the violation by phone on the day it was discovered but cleanup didn't occur until a month later.

MPT Jewitt moved to reduce the fines for the first violation by $100 but let stand the fines for the second violation. The motion failed for lack of a second. Mayor Calvo proposed to reduce the fines for the first violation by $200 due to mitigating circumstances but let stand the fines for the second violation for a remaining total of $400. CM Lofgren so moved. CM Dennison seconded. The motion passed 5 to 0.

Council invited Mr. Guilliano to discuss the prevention of future illegal dumping. Mr. Guilliano said that he would simply put up chains to prevent direct access to the dumpster and provide trash pickup service with keys. The Council had no objection. Further, Mr. Guilliano agreed to fix a broken fence with an adjoining property. A new tenant for the vacant unit has been secured.

Mayor Calvo asked if Mr. Guilliano has any news about the Commerce Bank project. Mr. Guilliano said that Commerce Bank was bought out by Canada's TD Bank, which put the project's site plan approval process on hold. However, he is confident that the project will be resumed when the Bank's reorganization is complete and a new hierarchy established.

Code appeal II – 8802 Edmonston Road: Mayor Calvo said that property owners Eugene Vajger and Ricardo Cardenas, who were not present, have appealed a $400 fine for renting without a license. MPT Jewitt explained that principal owner Ricardo Cardenas acknowledged that his property has been rented because he has been unable to sell it in the current market. He is requesting a waiver of the fine because he was unaware he needed a license. Further, he did not receive the notice, which was sent to Mr. Vajger, because he was out of town at the time.

Mayor Calvo said that the Code Department had plenty of interaction with this property due to a variance request and previous violations. He sees no reason why the owners couldn't have asked about rental regulations. The owners acknowledge that the property was rented with out a license and they were fined accordingly. MPT Jewitt said that, while he is sympathetic to Mr. Cardenas not having been informed by his partner about the fine, the violation is clear. The Council voted 5 to 0 to uphold the fine.

Berwyn Heights marketing plan: MPT Jewitt explained that it may be useful to develop a marketing strategy for Berwyn Heights because there is a higher number of vacant homes due to recent foreclosures. Possible advertising vehicles could include the Town's telephone message, the BHTV slide show and  fliers made available to real estate agents. Also, the Town could contact the marketing office of Fort Meade, which is scheduled receive an large number of relocated military personnel in the near future. The marketing message should highlight the Town's convenient location, variety of services and family friendly atmosphere.

Mayor Calvo agreed that the Town would benefit from more effective marketing. He has planned to meet with local realtors to talk about the current market. This may be an opportunity to raise the issue of a coordinated marketing strategy, which might include the creation of a preferred list of realtors and a joint marketing fund. He would also like to encourage the re-tooling of the Commercial District Management Authority (CDMA) to market the Town's commercial district and help guide the redevelopment of commercial properties. CM Dennison commented that a community guide would be a good marketing tool and liked the idea of working with the public relations office of nearby military installations.

5. Parks and Recreation

Pontiac Street walkway (added item): Mayor Calvo explained that TA Murphy recently solicited a new quote for constructing a walkway from the BHES parking lot to the field. A 4' asphalt path ending at the backstop would cost $2,530; plus another $1,320 to extend the path to the shed. In addition, a $600 quote was obtained for 2 curb cuts along 63rd Avenue. The curb cut in combination with an old Public Works gate could provide an easier access point to the field. He supports construction of the walkway to the backstop and the 2 curb cuts. An extension of the path to the shed may be premature because the exact location of a new shed has not yet been determined and is too expensive for this year's budget.

CM Lofgren said that, currently, Public Works does not intend for anyone else to access the field from 63rd Avenue because they are concerned about damage to the field, which they are working hard to improve. He also wondered what the intended use of the walkway is if it is not leading to the shed. Children are likely to run down the steep incline directly into the field. It was agreed to again consult with the Boys & Girls Club before any action is taken.

Port-o-Johns for Berwyn Heights Day: CM Gourley said he disagrees with the Recreation Council's decision not order port-o-johns this year. He prefers to spend $500 to rent them rather than pay for repairs to the concession stand restrooms later. He believes that problems with the concession stand restrooms are likely when used by so many people. Mayor Calvo replied that, when the port-o-johns were made available last year, they were hardly used. More to the point, he thinks it is absurd to try to protect the concession stand restrooms from the public for whom they were intended. He would assign Public Works employees to monitor the restrooms during Berwyn Heights Day and take care of any potential problems. CM Dennison added that the Recreation Council made the decision not get the port-o-johns this year because they wanted to spend the money on another band. She believes that Public Works can handle any problems with the restrooms.

6. Public Safety

No items were discussed.

7. Public Works

In-house recycling budget:  CM Lofgren said that TA Murphy has put together a budget for an in-house recycling program based on the following assumptions: 1) a September 2008 start date, 2) husband and wife health insurance for an additional full time employee, and 3) using the oldest trash truck currently used as a spare for recycling.

Mayor Calvo commented that using the old trash truck would result in the loss of the spare truck and increase wear and tear by approximately 25%. However, his main objection is the hiring an additional temporary laborer, apart from the new full time employee. The full time employee already nets the Public Works Department 2 additional workdays, making another temporary laborer unnecessary. CM Lofgren said that one employee recently earned his CDL license, which will result in the loss of a crewman. The laborer could help fill that slot. TA Murphy pointed out that he has cut the temporary labor appropriation when he added the full time employee. However, this is not reflected in the recycling budget presented here. Mayor Calvo said that this resolves the puzzle. He did not assume a reduction in the temporary labor budget and would recommend keeping it at the current level. He would not hire the additional temporary laborer. He also recommended that more money be be set aside for gas expenditures, maintenance, vehicle replacement and public education. TA Murphy was asked to include the revised assumptions into the introduced budget for review at the next worksession.

8. Budget

TA Murphy said that the annual contribution rate to the Maryland State Pension System has been reduced from 9.17% to 7.37% , which saves $16,500 per year. The 7.37% rate is lower than the contribution Berwyn Heights makes to its current retirement plans. Mayor Calvo added that the up-front payment for joining the system, however, went up to $1,115,000. The difference of $50,000 plus transaction costs for the bond issue could possibly be made up with the savings from the annual contribution, Metroland compensation and surplus money. In the long run, the pension plan is now less expensive.

The meeting was adjourned at 10:55 p.m.

Kerstin Harper, Town Clerk

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