Town Meeting Minutes
March 11, 2009

The meeting was called to order at 8:00 p.m. Present were Mayor Calvo,  Mayor Pro-Tem (MPT) Lofgren, CMs Ahrens, Dennison, and Gourley. Also present were Town Administrator (TA) Murphy , Detective Sergeant Antolik, Treasurer Lape, Clerk Harper, Chair of the Education Advisory Committee (EAC) Ann Harris Davidson, Co-Chair of the Neighborhood Watch/Emergency Preparedness Joan Hayden, Gazette reporter Jordan Attebury and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Swearing-in

Clerk of the Circuit Court, Peggy McGee swore in Councilmember Ahrens, who was appointed on February 18 to fill the vacancy left by the departure of Councilmember Attick. Mayor Calvo said that Mr. Ahrens is a longstanding member of the community, who raised his children in Berwyn Heights and served in many volunteer positions. Most recently, he served as the Secretary of the Historical Committee. CM Ahrens will serve as Department Head of the Code Compliance Department. Mayor Calvo thanked the other 3 residents who applied for the vacancy.

CM Ahrens said that he applied for the seat because this seemed like the best way to support the Town government. He and many other residents still feel aggrieved by the lack of respect Prince George's County police showed in an errant raid of Mayor Calvo's home last July. 

2. Minutes

Clerk Harper read a summary of the February 11 Town meeting minutes. On a motion by CM Gourley and second by CM Dennison, the minutes were approved 4 – 0 – 1 with MPT Lofgren abstaining.

3. Treasurer’s Report

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

4. Mayor’s Report

Mayor Calvo gave an overview of the Town Administrator's proposed budget. In view of an anticipated decline in real property tax revenues following the 2010 reassessment, this budget proposes expenditures of $2,512,000, a 1% decrease over the FY 2009 budget. The decrease is mostly due to not funding the purchase of a new Public Works dump truck and some other capital equipment. Overall revenues are projected to reach $2,583,000, showing a modest increase of 1.7% over FY 2009. The revenue picture is mixed. Real estate tax revenues will continue to rise by approximately 12% for one more year before the reassessment. Recycling tax revenues are set to increase by 16% percent to cover the increased cost of recycling. Revenues from licenses and permits are projected to increase by 11%, due mostly to the increased number of rental homes. Another positive is the savings resulting from not having to issue a pension bond to join the Maryland State Pension System. The required 1/3 compensation for employees' prior years service turned out to be much less than anticipated and was paid off this year using surplus money. On the downside, investment income is down by $25,000, due to lower interest rates, and Highway User Revenues by $33,000, mostly because car sales have fallen precipitously. Lesser decreases will be booked in the collection of police fines and forfeitures, due to a clearing up of unpaid parking tickets.

On the expenditure side, salary costs are increasing at a modest pace based on a 1% Cost of Living Adjustment. The cost drivers in the FY 2010 budget are health insurance, which is projected to increase by $47,000, and workers compensation, projected to increase by $21,000. Health insurance premiums are projected to increase by 17% next year. On top of that, the Town has been pushed into a higher premium bracket because of an aging workforce. And it will incur additional costs because domestic partners recently were made eligible for health insurance. Apart from these items, budget increases have been kept to a minimum in preparation for a period of falling home values and declining real property tax revenues.

Mayor Calvo said that the proposed FY 2010 budget shows a $60,000 surplus, which he would like to be closer to $90,000, to provide a better cushion for the rainy days ahead. The Council has begun to examine the budget details for possible cuts and came up with an initial $1,400. However, savings of up to $15,000 are likely to be found upon closer examination. One way to do this is to think about how services can be provided in a less expensive and more cost efficient way. Citizen input is welcome.

Mayor Calvo further reported that the Prince George's County Board of Education decided to cut the funding for the Music & Technology Program at Berwyn Heights Elementary School (BHES) as well a proposed replica in southern Prince George's. The cuts were justified with outdated data on student performance that did not take into account the substantial improvements in reading and math test scores over the last 3 years. The Council sent a letter to the Board asking to reverse the cuts while the community rallied to save the Music & Technology program and testified before the Board on February 26. The cuts were made subject to a re-evaluation of the effectiveness of the program.

Mayor Calvo said that the Town Council approved sending a letter to Maryland legislators in support of legislation that would provide more oversight on the use of SWAT teams. Bills introduced in the House and Senate to require monthly reports on deployments, including purpose, location, authorization and the results of a deployment. Prince George's County police used SWAT teams between 500 to 700 times a year, in particular for drug arrests. There have been numerous cases in which innocent people have been needlessly traumatized by such paramilitary raids. Mayor Calvo testified before the Senate last week, where the legislation was well received. Passage in the House will be a challenge, as the Maryland Association of Police Chiefs and the Fraternal Order of Police are opposing the bill.

In local news, Metroland filed for bankruptcy early this year. After spending $40 million on site preparation, they could not close a sale with Pulte and Fairfield builders, had to default on a bank note and cease operations. The Town will therefore not receive the $1 million in compensation for traffic and other impacts until the property is sold and developed. Further, the Town was informed by Delegate Gaines' office that it will not receive federal stimulus money for road repairs. Lastly, the Council held an executive session from 8:40 to 9:29 p.m. during the February 17 worksession to fill a Council vacancy.

5. Department Reports

Administration: CM Gourley reported on revenues received to date. He requested residents to report broken street lights and, if possible, the corresponding pole numbers to TA Murphy. He recommended purchasing steering wheel locks available at the police station. Further, emergency contacts are published in the back of the Bulletin.

CM Gourley then formally submitted his resignation, effective May 14, 2009. Mayor Calvo thanked him for the early notice that will give the Council time to find an appropriate replacement.

Code Enforcement: CM Ahrens reminded residents to apply for the proper permits from the County and Town when undertaking home improvements or building projects. To apply, residents need drawings showing the scope of work, a plat of survey showing the areas affected and the name of the contractor performing the work. More information is available from the County permit division at 301 883 5784 or the Town Code Department 301-513-933. If using a dumpster, a dumpster permit is also needed, plus a $250 deposit if the dumpster is placed in the street. Further, residents are requested to ensure that their house numbers are visible at all times to facilitate address identification by emergency services. CM Ahrens concluded with a report of code violations, which include the registration of 4 new rental properties, issuance of 3 building permits and 1 POD permit.

Mayor Calvo announced that the Town plans to hold a reception for the appointment of CM Ahrens as well as the replacement for CM Gourley after the June Town meeting.

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that she participated as a judge in the BHES science fair. She found the students, who presented their projects in Power Point, to be articulate and knowledgeable. She is also proud to report that she, Mayor Calvo and PTA parents Beth Brittan Powell, Nipa Shah, Sonja Bloetner and Thea Anderson testified before the Board of Education to save the Music & Technology program at the school. The outcome of the effort will not be known until the County will have finalized its budget in June. She firmly believes that the BHES Music & Technology program is worthy of the funding, not only because of the excellent test scores, but also because of the many other activities connected with the program and a wonderful learning atmosphere.

CM Dennison announced that the PTA with help from the Recreation Council will host a talent show at BHES on March 26. Everyone is invited to participate. Earlier this day, she visited Sports Park and found the girls soft ball team practicing and spoke to the coach of the newly established cheer leading squad. The Recreation Council continues to plan Berwyn Heights Day and seeks volunteers to help run the various activities. The Historical Committee (BHHC) is working on a museum, the next historic street marker and historic Councilmember plaque. Lastly, CM Dennison invited residents to review her budget. All input is welcome.

Public Health and Safety: Detective Sergeant Antolik reported for Chief Murphy, who continues to recover from surgery. There were a low of 6 Part I offenses for the month of February and 9 arrests. However, he expects the number to rise as the weather gets warmer. Officers will be instructed to patrol more aggressively and stop individuals, who roam the streets late at night and asked to check on kids who may be truant. Residents are reminded to keep a record of all their valuables so that they might be retrieved if stolen. Lastly, Detective Antolik noted that the Department is still interviewing applicants for a vacancy to find a good fit for the Town.

Mayor Calvo added that there has been a problem with youths hanging out and misusing the equipment at Pops Park. He asked that residents report rowdy older kids at the park right away so that the police can catch them in the act.

Public Works: MPT Lofgren reported that Public Works repaired the gates at Pops Park, which were damaged twice in recent weeks. Stepped up police patrols at the park will be welcome. He has received several emails commending Public Works on their snow clearing work during a February snow storm. Federal stimulus funds have found their way to Berwyn Heights via the State Highway Administration, which will replace the Berwyn Road Bridge next year. The decision of former Councils not to accept the bridge as Town property turned out to be beneficial.

6. Committee Reports

Education Advisory Committee: Chair Ann Harris Davidson congratulated CM Ahrens on his appointment and thanked CM Gourley for his service. She also thanked Mayor Calvo, CM Dennison and the BHES parents for rallying the community to protest the funding cuts for the Music & Technology program in her absence. Referencing Prince George's County Public Schools (PGCPS) budgets, she showed that $383,160 for the BHES program and $293,840 for replicating the program in southern Prince George's, were cut in this year's budget and reallocated to fund 6 autism and 2 parent liaison positions. Regardless of the results of a re-evaluation, it will be difficult to restore funding for the Music & Technology program because either the special education positions or another budget item will have to be deleted first. Nonetheless, an external evaluator, accompanied by a PGCPS official, visited BHES today. The evaluator will first define the scope of the re-evaluation, then gather the data, and then submit a report for the County's budget reconciliation by June.

In other school news, the school sign was replaced with one from which letters can't be removed. BHES music teacher and Berwyn Heights resident, Darelyn Fung, volunteered to be the middle school liaison. A second mural, funded with grants from the PTA and National PTA, was completed and will be commissioned in April.

Mayor Calvo commented the most upsetting part about the program cut was that the Town learned it through a Washington Post article rather than PGCPS officials. Berwyn Heights school board representative Rosalind Johnson, in fact, made the motion to cut the funding.

Historical Committee: Nothing was reported.

Neighborhood Watch/Emergency Preparedness: Co-Chair Hayden reported that at the last meeting the Committee discussed its plans for Berwyn Heights Day, the possibility of another disaster drill and recruitment of new members. An update from the Prince George's CERT Council was received. Jodi Culpa-Eddie gave a presentation on how to take care of animals in an emergency. The next meeting will be on April 1.

Recreation Council: Nothing was reported.

Safe Streets Committee: Nothing was reported.

There was no 7. Unfinished Business or 8. New Business.

9. Citizens Discussion

Ray Smith of Seminole Street congratulated CM Ahrens on his appointment and thanked CM Gourley for his service. He also commended Public Works for doing an excellent job plowing the streets after a recent snow storm and a Public Works employee for the courtesy of picking up and handing the newspaper to his wife during recycling collection.

Joan Hayden of Seminole Street asked if Public Works would consider changing the low priority given to dead end streets during snow clearing operations if a resident with a medical condition lives there. MPT Lofgren said he does not believe dead end streets have the lowest priority. But they are a problem because the big trucks can't turn around and snow must be taken away with a front loader. Mayor Calvo suggested informing Public Works where the resident with a medical condition lives and requesting the address be given a higher priority for snow clearing. MPT Lofgren added that Public Works generally provides special services to residents that need it and to please forward the information

Ann Harris Davidson commended the Council for taking the long view and budgeting conservatively. However, if local realtors and realty websites are to be believed, it is possible that home values decline by as much as 30% to 40% percent after the 2010 reassessment. It may be prudent to prepare for a larger than 15% decline. Mayor Calvo replied that he has done a house-by-house analysis of real estate trends in Berwyn Heights going back to 1969 so as to disaggregate Berwyn Heights home values from those of College Park, which have not held up as well. His data show a steady increase of Berwyn Heights home values over 30 years and then, in the early part of this decade, a dramatic rise. However, the data may be skewed by home values reaching a peak in 2006, when a number of very expensive homes sold in Berwyn Heights. Since then some correction of the market has already occurred. Nonetheless, the Council will have to watch trends closely this years.

Ms. Davidson thanked MPT Lofgren and County Councilmember Olson for helping get a law changed that will permit applications for historic home status to be evaluated when they are received rather than as part of a sector plan review. Her home will likely receive historic status at the Historic Preservation Commission meeting on May 19.

Ms. Davidson stated for the record that the historic street marker for Waugh Avenue had several errors of fact. The corrections were offered at a January BHHC meeting but not incorporated into BHHC minutes. 1) James Waugh never bought land with Edward Graves (or Benjamin Charlton); Waugh sold 150.16 acres to Graves; 2) Benjamin Charlton's name does not appear as the owner of any land in Charlton Heights or Berwyn Heights at any time; 3) the Charlton Heights Improvement Company (i.e. Graves, Charlton, Waugh and 3 others) bought the land in 1888, not 1887;  4) the land that ultimately made up Berwyn Heights was 397 acres, not 433 acres; 5) what is now Lakeland was west of the B&O railroad tracks and thus never bounded Berwyn Heights.

Signed: Kerstin Harper, Town Clerk

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