Worksession Minutes
August 10, 2009

The meeting was called to order at 7:05 p.m. Present were Mayor Calvo, Mayor Pro Tem (MPT) Lofgren, CMs Ahrens, Dennison and Wilkinson. Also present was Town Administrator Murphy, Clerk Harper and Gazette reporter Karisse Karmack.

1. Mayor

Announcements: Mayor Hanko of New Carrollton lost his wife to cancer. The funeral took place last weekend. The Council was invited to attend the Eagle Scout ceremony of Nathan Kyle Smith at Berwyn Presbyterian Church on August 22.

Calendar: MPT Lofgren will chair the September 1 worksession as Mayor Calvo will be absent. Calendar is to be marked that Town offices are open on Columbus Day, October 12.

Minutes: On a motion by CM Dennison and second by CM Ahrens, the July 22 worksession minutes were adopted 5 to 0.

Department reports: Mayor Calvo attended a luncheon with Lieutenant Governor Brown and other Prince George's County municipal leaders earlier that day. He shared his concerns about the impacts of the upcoming 2010 real property reassessment, which is likely to result in a substantial decline in municipal revenues. Lieutenant Governor Brown was sympathetic but also said that the State of Maryland will have to make additional cuts of $700 million to its budget, most of which will come from discretionary spending, such as police aid, public health and community colleges. He was unable to give a definitive answer as to what would happen when one-time revenues, such as stimulus funds and furlough savings, run out.  Mayor Calvo surmised that the State's fiscal situation might get worse in 2011 and further budget cuts would be made then. 

Mayor Calvo continued that the new police car authorized in the FY 2010 budget was picked up. The month of July saw a new low of only 7 Part I offenses, continuing the decline in serious crime. National Night Out was a phenomenal success and broke past attendance records. The water gun maze, moon bounce and helicopter at Sports Park were a big draw for kids.

CM Ahrens reported that a resident complained about a neighbor, who persists in putting out food for cats, which attracts all manner of roaming animals, including rats. He asked how this matter should be handled. Mayor Calvo advised to either talk to the resident or send out Officer Hall to try to resolve the matter amicably. If the feeding continues, the County ultimately will take action and issue fines for having rats on a property.

CM Dennison announced that the Education Advisory Committee, at its next meeting, will seek to elect a new chair to replace former chair, Ann Harris Davidson, who is moving away. Berwyn Heights Elementary School will welcome back its students and families on August 25th with Hello Huskies Night. The Boys & Girls Club is holding a car wash on the coming Saturday to raise funds for its softball teams. The annual Ice Cream Social will be held on September 19, followed by a free movie at Sports Park. CM Dennison thanked the Neighborhood Watch/Emergency Preparedness (NW/EP) for cooking the food at National Night Out. She further noted that the milk shakes served by Silver Diner were a big hit.

Citizen comments: Mayor Calvo received a complaint about a game that included use of water guns at National Night Out. He also received a couple of questions about the County/Municipal tax bill. Mayor Calvo was pleased to inform the residents that the difference between the tax bill minus the Town's taxes and the Homestead Tax Credit is a $60 recycling fee. He learned from one of those residents that one can contest an assessment right after the purchase of a home and does not have to wait until the general reassessment is completed. He also talked to a couple of prospective residents who were looking to buy property in Berwyn Heights, including a bank-owned property on Edmonston Road, which has a troubling water problem in the back yard.

CM Ahrens spoke to tenants of a rental at 6206 Ruatan Street, who had put out the contents of the home for collection, including some construction material. He advised them that they should wait until bulk trash is picked up. Their trash was collected with the exception of some construction material. They called again to say that Public Works had left some things. CM Ahrens asked Director Coleman to collect it unaware that it is Town policy not to pick up construction materials. Mayor Calvo said that in the future property owners should be charged for picking up items excluded for pick-up by Town’s garage refuse collection ordinance.

CM Wilkinson said that he attended a Park & Planning meeting on the future of Prince George's parks. He spoke to Planning Supervisor Charles Montrie about the possibility of installing a pedestrian path on Park & Planning land from Sports Park to the Indian Creek field along Ruatan Street and 56th Avenue. Mr. Montrie agreed to come to Berwyn Heights next week and make an on-site assessment of the feasibility of the project. He also spoke to Boys & Girls Club President Kevin Conover about mitigating the storm water problems at the concession stand. CM Dennison spoke to Kevin Conover about the Boys & Girls Club's 501c (3) status and their bylaws. She also received a comment from a visitor about receiving a ticket for parking too far away from the curb.

Domestic partner policy: TA Murphy explained that, when the Council last discussed the policy, Council expressed the desire to make mandatory the submission of certain documents as proof of a serious domestic partnership. This draft proposes to require the submission of 5 notarized documents when applying for health benefits of domestic partners: 1) an affidavit of declaration of domestic partnership; 2) a living will; 3) a health care proxy designation; 4) a durable power of attorney; 5) joint mortgage, deed or lease of residence; and 6) a co-habitation agreement. Council suggested that the living will and health care proxy could be combined into 1 document. The requirement for a joint checking account was dropped. The Council now needs to decide whether to proceed with mandatory documents and which ones.

Mayor Calvo said that he supports providing domestic partner benefits but wants to ensure that the qualification threshold is meaningful. The policy as originally drafted did not do that. When the Council voted to make domestic partner benefits available to same sex as well as opposite sex couples, it greatly increased the pool of potential applicants. However, he believes that the Town should not have to bear the cost of having to provide health benefits every time an employee has a new live-in girl friend or boy friend. Such benefits should be reserved only to those employees that have made a serious commitment to each other. The revised policy does provide this benefit without risking significantly higher health care expenses. CM Wilkinson agreed with minimizing the Town's exposure to higher health care costs, which increased with the inclusion of same sex couples.

TA Murphy asked Council to review the sample co-habitation agreement attached to the policy, which shows how domestic partners share the cost of living together. Mayor Calvo said that the policy does not require the submission of a co-habitation agreement but offers it as an alternative to a joint mortgage, lease or deed on a place of residence. He believes the Town should not endorse a specific co-habitation agreement, but leave the specifics up to applicants and their lawyers. Further, he noted he likes the requirement that proof documents must have been existence for at least 12 months before the filing of the Affidavit of Domestic Partnership. It prevents employees from making an application at the spur of a moment.

With Council supporting the proposed changes, it will vote to adopt the revised policy as part of the personnel manual at a future meeting.

Mayor Calvo noted that this week's Gazette will have an article on the vacant home at 8507 58th Avenue.

At 8:05 p.m., the Council took a 5 minute break.

2. Public Safety

Speed cameras: TA Murphy explained that the recently granted authority for municipalities to set up speed cameras in school zones must be enacted by ordinance. The State statute mandates that speed cameras can only be set up within ½ mile of a school where the posted speed limit is 35 mph or less. Within the school zone, the speed limit may be lowered to less than 35 mph. Currently, the Town has two official school zones, one in front and the other in back of Berwyn Height Elementary School along Pontiac Street and Quebec Street. The posted speed limit in these zones is 15 mph. The areas within ½ mile from the school's property line cover a large part of Berwyn Heights, including most of Edmonston Road as well as that part of Cunningham Street that borders Pop's Park. In order to set up new school zone within the ½ mile radius, the Council has to pass a resolution. With regard to the existing school zone in front of Greenbelt Middle School on Greenbelt Road, it is not certain whether the Town has the authority to enforce the 35 mph speed limit because it is a State road.

Mayor Calvo commented that the issue of speed cameras is controversial. Some residents want them, others do not. While he is generally in favor of using the cameras, the more salient point is where to put them. He believes that, when the Council writes an ordinance, it should permit residents to petition the Town for additional school zones and therefore speed cameras. For example, Edmonston Road residents have legitimate concerns about speeding and may want to have a camera set up to enforce a 25 mph speed limit. The average speed on Edmonston Road is 37 mph, according to the traffic study performed last summer. Other areas where a speed camera might make sense include Cunningham Drive in front of Pops Park, 58th Avenue and potentially Greenbelt Road in front of Greenbelt Middle School.

It was further noted that the Town plans to get a mobile speed camera, which could be moved around between different school zones. The vendor operating the speed camera would forward the evidence to the Berwyn Heights Police, which would make the determination as to whether a citation will be issued. Citations for speeding would be $40, would be appealable and would not result in points on a driver’s license. The revenue taken in by the fines could only be spent on improving traffic safety and operating the camera. One appropriate way to spend the revenue is to help fund the traffic improvements the Safe Street Committee is recommending.

MPT Lofgren said that he agrees with allowing groups of residents to request speed cameras for their streets. He would extend the privilege to Town organizations, such as the Boys & Girls Club, the Safe Street Committee or the PTA. He does not believe that use of speed cameras is an undue infringement on people's privacy, especially if used judiciously in key locations. CM Wilkinson agreed.

Mayor Calvo said that there probably won't be much feedback until an Ordinance is introduced. He thinks that the process of adoption should be stretched out to leave plenty of opportunity for public comment. TA Murphy was asked to draft an ordinance for introduction at the September Town meeting that permits residents to petition the Town to establish a school zone in a defined location, for the purpose of setting up speed cameras.

4. Public Works

Seminole/Ruatan Street project engineering: TA Murphy explained that Town engineer Vernon Kelly submitted a revised proposal of $45,000 to draft the bid specifications for the Seminole/Ruatan Street renovation. The price is higher than the originally quoted $30,000 because the specifications are based on reconstruction of the streets rather than remove and replace of the surface, as requested by the Council. As the reconstruction requires changes to the profile of the street and the elevations of the curbs and gutters, the engineering needs to be more detailed and costs more.

Mayor Calvo said that the quote is under the standard price of 10% of project costs. The engineering expenses are in addition to the project costs, now estimated between $550,000 and $700,000. CM Wilkinson moved to commission the engineering. MPT Lofgren seconded. Mayor Calvo elaborated that the money to pay for the engineering would be taken from the infrastructure reserve and reconciled in a year-end budget amendment. TA Murphy noted that the County must be consulted if the project requires changes to the storm sewers. This may delay the completion date for the specifications. The motion was approved 5 to 0.

5. Administration

Debt policy requirement:  TA Murphy explained that he received notification last week that the State legislature passed a law during the previous session requiring local governments to file a debt policy statement with the State Treasurer's Office by October 1, 2009. State Treasurer’s Office provided copies of debt policy guidelines issued by the Government Finance Officers Association (GFOA), which proposes addressing a long list of debt instruments. The Town does not employ many of the types of borrowing listed and should only provide information on what is applicable. TA Murphy further suggested that the Town ask for an extension to complete the policy, because it would be difficult to get it done by the deadline. The policy is supposed to be adopted by resolution.

Mayor Calvo said that a start should be made on writing the policy but that an extension can be requested, especially in light of the fact that the instructions were received late and don't leave enough time for completion. Furthermore, the Town will be debt free in the near future at which point a debt policy might be considered mute.

Bulletin outsourcing: TA Murphy said that he spoke to a number of neighboring municipalities that publish news letters about how they handle the production and potential references for outsourcing. In all of them the newsletter is put together in-house by staff. He then interviewed 3 vendors, who are currently producing newsletters, two of whom already work with the Town’s printer. The planned procedure for the production is: 1) Town e-mails all pages of the upcoming Bulletin to the vendor; 2) the vendor formats and lays out the pages, compile them into the finished Bulletin and e-mails it back; 3) TA Murphy reviews the Bulletin and, if there are changes, e-mails it back to the vendor with corrections; 4) the vendor uploads the finalized Bulletin to the printer's website; and 5) the printer prints the Bulletin and delivers to the Town office. This process should make it easier to include pictures and improve the quality of advertising.

TA Murphy recommended offering the job to the vendor, who is more available and produces the Westchester Park newsletter. She requested pay of $20 per hour and estimated 12 hours for the production of the proof. Mayor Calvo said that he would leave the hiring decision up to TA Murphy, who primarily has to work with that person. His only concern is that the current format be retained, if possible, because residents like it. TA Murphy has not specifically talked to them about that. The only problem might be to reproduce the cover in its current format. CM Dennison said that she would like to see a more equitable sharing of the administrative assistant's time between the Administration and Code Departments, which has not yet been resolved. CM Wilkinson suggested that TA Murphy look into e-mailing the Bulletin instead of mailing it. Mayor Calvo thought that there are too many residents, who prefer to get the paper copy, but that an electronic copy could be posted on the Town's website. He is ready to let TA Murphy move forward and outsource the production of the Bulletin. There were no objections.

Nothing was discussed under 5. Code Compliance or 6. Parks & Recreation.

The meeting was adjourned at 9:17 p.m.

Signed: Kerstin Harper, Town Clerk

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