Worksession Minutes
June 2, 2009

The meeting was called to order at 7:10 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Lofgren, Councilmembers (CMs) Ahrens, Dennison and Wilkinson, who arrived at 7:30 p.m. Also present were Town Administrator (TA) Murphy and Clerk Harper.

1. Mayor

Announcements: The Berwyn Heights PTA is holding its year-end pool party at Ellen Linson Pool on June 5.

Calendar: Starting time for the June 10 Town meeting was changed to 7:30 p.m. A forum on secondary school reform will take place on June 3, 7 p.m. at Northwestern High School. The 4th of July holiday closing of offices was added for July 3.

Minutes: On a motion by CM Dennison and second by CM Ahrens, the May 4 worksession minutes were approved 4 to 0. On a motion by CM Ahrens and second by MPT Lofgren, the May 11 budget worksession minutes were approved 4 to 0. The May 10 Town meeting minutes were distributed for review and adoption at the June 10 Town meeting.

Department reports: Mayor Calvo reported that the new police officer, Paul Roberson, is out patrolling. According to the Washington Post, there has been an increase in home invasions in Prince George's County, two of which occurred in Berwyn Heights. Residents should be alert. He and his wife Trinity attended a bill signing session on May 19, at which Governor O'Malley signed 265 bills in 2 hours. It included the SWAT Team Deployment and Reporting bill, authored by Mayor Calvo, which headlined the news. Reporting for Administration, Mayor Calvo noted that the Town received a quarterly disbursement check of $56,000 for income taxes. This is slightly ahead of last year's pace and indicates that the Town will probably meet these revenue projections. Will Dawson, a senior at the Gilman School in Baltimore, interned with the Town Administration Department for the last two weeks and completed a housing market analysis for Mayor Calvo. He will return at the June Town meeting to be honored for his service. TA Murphy reported that he was busy preparing the FY 2009 budget amendments. MPT Lofgren reported that there is an infestation of poison ivy along the perimeter of the school property along 63rd Avenue. Director Coleman will spray the area with herbicide after school gets off for the summer.

CM Dennison reported that she worked with Administration staff to finalize the Volunteer Appreciation Dinner. Invitations for the June 20 dinner have been sent out. The Recreation Council will meet on Thursday to discuss Berwyn Heights Day and next year's program. It may also discuss changes to the Recreation Council Ordinance. The Historical Committee (BHHC) continues to work on the museum and the Councilmembers plaque. The Berwyn Heights Elementary School (BHES) PTA has been very active during the last quarter. It spearheaded a campaign to protest funding cuts to the Music & Technology program and what it considered to be an inadequate re-evaluation of the program by a PGCPS contractor. It also sponsored a book fair and technology exhibit and will host the year-end pool party. The Education Advisory Committee (EAC) will host an information meeting on charter schools with former Superintendent Iris Metts and Turning Point Academy Board Member Joseph Prudden as guests on June 9.

CM Ahrens reported that, currently, the most pressing issue for the Code Department is high grass, in particular on vacant properties. The Department has tried to resolve these violations without fining, where possible. However, an instant abatement for vacant properties at 5802 Quebec Street and 8507 58th Avenue has been scheduled. Mayor Calvo said that abatement at vacant properties is not instant but follows an accelerated schedule. He asked if the Code Director has a list of vacant properties. CM Ahrens said that he is not sure and will check with Director Solomon.

Mayor Calvo said that he again contacted Tom Matzen of the County's Department of Environmental Resources (DER) about the vacant home on 58th Avenue. He told him that the failure of the Department to remove the dilapidated structure after six years of prodding by the Town has become a symbol of the County's incompetence. Mr. Madsen promised that he will personally keep Mayor Calvo apprised of every important step taken towards demolition of the house. He has since informed Mayor Calvo that the Department undertook a title search and determined that the property has not yet changed hands. Mayor Calvo believes that, if the Department acts fast, the home may be demolished soon. Mayor Calvo further noted that the green space below the school parking lot and turnaround has not been maintained. He asked TA Murphy to follow up with PGCPS Department of Central Services. The grass on the BHES sports fields, however, is much improved over previous years. MPT Lofgren said that the Public Works crew has carefully groomed the fields over the last year and utilized a new seed variety that grows very well there.

Citizen comments: CM Ahrens received complaints about tall grass at 5802 Quebec Street and overflowing trash at 8703 58th Avenue. He also received an inquiry as to whether the Town is enforcing zoning regulations. He was told it does not. CM Dennison received inquiries on how to obtain permits for using the hockey rink and a comment about a banner hung by a neighbor of SECU criticizing the bank for poor property maintenance. CM Dennison also thanked the Berwyn Heights Volunteer Fire & Rescue squad for extracting her friend, who was in a serious accident, from her wrecked car.

MPT Lofgren received an inquiry regarding tree trimming. He assured the resident that it is permissible to cut branches off a neighbor's tree where it overhangs one's property. Further, he commented it is strange that the Fire Department is going door to door requesting contributions for the purchase of a new fire truck. Mayor Calvo said that the fund raiser was announced in the Bulletin. Contributors can have a family portrait taken at the station. However, he will talk to Chief Fusco about door-to-door fund raising, which the Chief previously promised not to do. CM Wilkinson said that he spoke to a group of men, who are using the hockey rink for bike polo. They said that had talked to the Town Office and were told that they can use the rink on first come first serve basis. He advised them to apply for a permit through the Boys & Girls Club, as they are meeting on a regular basis. Mayor Calvo received comments about the spray-painting of cars and homes on 60th Avenue and an email expressing opposition to a tree ordinance. He also received feedback from the owner of a property that is for sale, who assured him that it is 50' wide and buildable.

Administration Department appointment: Mayor Calvo appointed CM Wilkinson as head of the Administration Department and welcomed him to the Council. At the June 10 Town meeting, Councilmembers agreed to come at 7:15 p.m. for a photo op with CM Wilkinson and his family. The official meeting will commence at 7:30 p.m. Committee reports will be dropped so that the meeting can be adjourned in a timely manner for the ensuing reception of CMs Ahrens, Gourley and Wilkinson.

FY 2010 fiscal action plan: Mayor Calvo said that the first half of a fiscal year, between July 1 and December 30, is the best time to launch new initiatives and revise or write ordinances. Thereafter the budget process takes up most of the Council's time. Reviewing the priorities adopted for the 43rd Council after last year's election, he said some priorities have been accomplished but others still await action. For fall 2009, several matters are already on the agenda. The Safe Streets Committee is about to finish its work and make final recommendations on improving traffic safety. While the Metroland compensation funds will not be available, some less expensive improvements could probably be implemented. The Council has budgeted for the engineering of the Seminole/Ruatan Street renovation and, depending on when it is completed, can put the project out to bid. A street renovation plan also needs to be completed. Growth management has become irrelevant until development in and around Berwyn Heights resumes. The CDMA could be approached to help with improvements around the commercial district and promoting Berwyn Heights. A lot of work remains to be done on community outreach, such as putting together a welcome packet for new residents, possibly in bound format, that includes a delivery mechanism. This could include creation of an updated community guide and reaching out to businesses in and around Berwyn Heights for funding. Other items on the Council's to do list include writing a noise ordinance, revising the Urban Forest Ordinance, and improving the recycling program. Mayor Calvo then for input and opened the floor for discussion.

CM Dennison said that she would like keep community outreach going. In particular, the Council should stay on top of the education issue and support the Education Advisory Committee's (EAC) and BHES PTA's efforts to improve Greenbelt Middle School. In response to CM Calvo's question as to what the Council should do that it is not already doing, CM Dennison said that the Council should continue to write letters and possibly invite PGCPS Superintendent Hite or County Councilmember Eric Olsen. CM Wilkinson said that he would like to do more with the Berwyn Heights website as a tool for outreach. A user interface could be added so as to enable community organizations to communicate with residents and publicize programs and events. However, there may be limited funds to upgrade the website in the next fiscal year. Mayor Calvo said that it also depends on available staff time. He repeated that the welcome packet has been a long-standing priority as means to reach out to residents. As such, information about Berwyn Heights needs to updated, important regulations found in the Town's ordinances should be summarized in plain English as well as translated into Spanish.

MPT Lofgren said funds to move forward with infrastructure improvements are limited and will need to be accomplished over time. Similarly, large up-front investment is needed to modernize the recycling program. In time, Public Works should invest in a trash truck that could lift and empty bins instead of crewmen having to do the lifting. Eventually, another recycling collection day could be added instead of a regular trash pickup day. Mayor Calvo commented that the Council ought to think about whom to invite to discuss these changes and help illuminate the challenges. Certainly, the Council needs to come to an agreement on how to change the program by the time a new trash truck purchase is due.

CM Dennison said that she would also like to improve the dialog with the community about issues of public safety. One possibility might be a community forum hosted by the Neighborhood Watch/Emergency Preparedness at which residents can ask questions and learn about the Town's police force and policing approach. Mayor Calvo said that contact information for police and NW/EP might also be included in the welcome packet, such as former CM Attick proposed. He asked if the Council wants to tackle updating the welcome packet as one of the tools of reaching out to residents. Another safety issue, the Council may want to consider are speed cameras, which were just approved for municipalities by the State legislature. CM Ahrens said that it is important to communicate with the substantial Spanish-speaking community in Berwyn Heights. He asked if the Bulletin could be offered in Spanish. Mayor Calvo said that producing the entire Bulletin in Spanish would double the size and make it much more expensive. The Town has translated selected items into Spanish. CM Wilkinson said the costs of reaching out to Spanish speakers could be done more economically through the website. Mayor Calvo proposed to set aside time to discuss outreach this summer as well as the future of recycling. There were no objections. He also asked if the Council wanted to take up any ordinances. MPT Lofgren said that it is probably unnecessary to revise the Urban Forest Ordinance, which was adopted as a prerequisite for becoming a Tree City USA. Prince George's County has one of the most strict and comprehensive tree ordinances in the country, sufficient for taking any action against tree felling in the Town.

Performance evaluation: Mayor Calvo said that the performance evaluation process is about to start up. The process has been improved in recent years with the adoption of clearer standards of evaluation and a formal rating scale. The rating scale goes from 1.0 to 5.0 point in increments of half and whole numbers, which is divided into 4 merit categories. The baseline is a rating of 3.0, which indicates “employee meets expectations.” Evaluations are the basis for merit increases given each year in addition to Cost of Living Adjustment (COLA). Higher rated employees receive higher merit increases. Merit increases become effective in November and are calculated on the basis of an employee's salary at the end of the previous fiscal year.

TA Murphy elaborated that there are two parts to an evaluation form, with the first part applying to all employees and the second part applying only to supervisory personnel, including the Public Works foreman and Police patrol commander. This year, a new rating factor has been added for the use of sick leave. The process begins with department directors evaluating their employees beginning on July 1    and respective department heads reviewing the evaluations with the director. After the director makes any necessary changes, he reviews the evaluation with each of his employees, who either sign the evaluation or file a protest. The signed evaluations are given to the Town Administrator, who files them for safekeeping.

Then each councilmember/department head completes an evaluation of their department director. The evaluations are turned over to the Town Administrator, who schedules an executive session at which the Town Council reviews and finalizes the evaluations. Department heads review the evaluations with the directors, who sign or protest the evaluation. The signed evaluations are returned to the Town Administrator, who secures the Mayor's signature and files them for safekeeping. 

In response to CM Dennison, Mayor Calvo said that in case of a turnover on the Council, the retiring Councilmember completes the evaluations for his department and reviews them with the incoming Councilmember. MPT Lofgren noted that the evaluation process is laid out in the personnel manual.

Town housing market: Mayor Calvo explained that he created a spreadsheet recording home sales in Berwyn Heights going back to 1969 in order to track trends in property values. An intern, who worked for the Administration Department in May, updated the spreadsheet with recent home sales and transferred the information onto a map of Berwyn Heights. The spreadsheet will provide a housing inflation index and give a better picture of where Berwyn Heights is in the current housing market. Discussion of the item was postponed as the spreadsheet and map were not at hand.

2. Public Works

Nothing was discussed.

3. Administration

Bulletin cover: The following items were approved for the July Bulletin cover: National Night Out announcement with a 4th of July theme and jumps to holiday trash schedule.

FY 2009 budget amendments: Mayor Calvo said that these amendments reconcile the adopted budget of the current fiscal year with actual revenues and expenditures. The amendments need to be passed with a super-majority of the Council. TA Murphy elaborated that the Town Charter requires that the appropriation for each major activity (e.g. departmental, miscellaneous and capital budgets) must be greater or equal to budgeted expenditures. This year, the budget amendment accounts for the unanticipated expenditure of $131,000 to join the Maryland State Pension System and associated attorney and actuarial fees. Due to a mistake by the Pension System's actuaries, the unfunded accrued liability for Town employees' prior years’ service turned out to be much less than the $1,065,000 initially projected. Therefore, the Town did not need to issue a bond and paid off the liability. The amendment also accounts for unexpected increases in workers compensation insurance and distributes merit pay to the departments.

TA Murphy further proposed to spend the $5,700 left after the budget reconciliation on the replacement of the worn out Berwyn Heights welcome banners along Greenbelt Road. Mayor Calvo said that the banners need replacing about every 5 years. However, the main problem is the taking down of the old and the mounting of new banners on Pepco poles. It is an additional cost and has been difficult to get the vendor to schedule a crew to come out and do this.

CM Wilkinson said that the Town may be better off not replacing the banners and installing permanent welcome signs at Town entrances. These could be built out of brick or wood and would be easier to maintain. Mayor Calvo said that he likes the banners when they are new. The Public Works Department might be able to borrow a cherry picker or platform from a neighboring city to install the banners or think of another way of doing it themselves. MPT Lofgren cautioned that there might be risks of electrocution. Public Works employees might have to get certified to work on Pepco poles. No consensus was reached. Councilmembers agreed to think about maintenance options. Meanwhile, TA Murphy was instructed to zero out the leftover $5,659 and redistribute it to departments.

Domestic partnership policy: Mayor Calvo explained that the Council in February agreed to provide health insurance to domestic partners and to fund it in the FY 2010 budget. However, there is no fixed starting date. It is more important, in his view, to get the policy right. He asked TA Murphy to summarize the policy as drafted for addition to the personnel manual.

TA Murphy explained that the policy covers both same and opposite sex partners and their dependents and is limited to health, prescription, dental and vision benefits. It is based on the domestic partner policies of College Park and Greenbelt, but establishes an equal or higher eligibility threshold. It requires that the confidential documents proving a domestic partnership to have been in existence for at least 12 months prior to the application.  An affidavit of the truthfulness of the documents must be witnessed by the Town Administrator. The insurance carrier reserves the right to examine the documents and, if found wanting, are grounds for legal action against the applicants. In addition, the value of the partner benefit is taxable. TA Murphy noted that a memorandum explaining the new policy has been sent to all employees currently enrolled in the Town's health insurance plan. A general employee meeting has also been set up for the coming Friday morning, at which an insurance representative will make a presentation and answer questions.

Mayor Calvo commented that it is a challenge to craft a policy that sets the bar of eligibility neither too high nor too low. His main concern is with possible abuse. He wants to make sure that an employee does not declare a friend a domestic partner to give him/her access to health insurance, for example. In this way, the Town's health insurance costs could get out of control fast. Among the documents required as part of the Affidavit of Domestic Partnership the following give clear evidence of financial interdependence and of serious intent:

• joint mortgage,

• agreement for joint repayment of indebtedness,

• designation of the partner as beneficiary of life insurance, retirement benefits or residuary estate,

• joint will; or

• durable power of attorney

On the other hand, a joint checking or credit card account or joint ownership of a motor vehicle is not necessarily proof of a serious partnership. Furthermore, he would require more than 2 of these documents as part of the Affidavit, which is all that is currently needed. If the bar is too low, it exposes the Town to potentially huge increases in insurance costs.

CM Wilkinson said that the Town should have a pretty good idea about the likely candidates for domestic partnership as it has a small workforce. Additional candidates might be generated through staff turnover. Mayor Calvo said that a lot of singles work for the Town, who might be interested. CM Wilkinson continued that there is nothing in the policy that requires proof of a certain period of co-habitation, such as drivers’ licenses showing the same place of residence. Mayor Calvo said, that the policy should require a proof of co-habitation and state that benefits will cease if one partner moves out. TA Murphy was asked to make the proposed changes. Discussion will be continued at a future worksession.

Nothing was discussed under 4. Code Compliance, 5. Parks & Recreation, and 6. Public Safety.

The meeting was adjourned at 10:15 p.m.

Signed: Kerstin Harper, Town Clerk

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