Town Meeting Minutes
October 14, 2009

The meeting was called to order at 8:00 p.m. Present were Mayor Calvo, Mayor Pro Tem Lofgren, CMs Ahrens, Dennison, and Wilkinson. Also present were Town Administrator Murphy, Chief of Police Murphy, Treasurer Lape, Clerk Harper, as well as Gazette Reporter Christina Rowley and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Presentation

Mayor Brayman farewell: Mayor Calvo welcomed College Park Mayor Stephen Brayman, who will not seek re-election in the upcoming College Park city council elections. After 8 years in office, College Park will have a new mayor, Andrew Fellows, who is running unopposed.

Mayor Brayman said he has mixed emotions about leaving as College Park's mayor. However, Andrew Fellows, who has served on the College Park City Council for a number of years, will work with him on making the transition as smooth as possible and maintain the good neighborly relations between the College Park and Berwyn Heights. He complimented the Town of Berwyn Heights for being one of the best run municipalities in Prince George's County. He appreciates the help Berwyn Heights police has on occasion given to adjacent College Park Estates, including help with a burglary of his home.

Mayor Brayman said he considers it a privilege to have served and worked with a number of Berwyn Heights Mayors, including Ron Shane, Brad Jewitt and Patti Dennison on issues of mutual concern. He is particularly proud to have served with Mayor Calvo and to call him a friend. He supported him ever since he first entered the political arena when he ran for the Prince George's County school board. He commended Mayor Calvo for the professional manner in which he handled the mistaken police raid on his home, and for making it an opportunity to educate citizens and improve police accountability.

Mayor Calvo thanked Mayor Brayman for the kind words. He said that Berwyn Heights and College Park officials see each other regularly at Four Cities meetings, Prince George's County Municipal Association meetings, Maryland Municipal League conferences and other events. He will miss his presence at these functions

CM Dennison recalled that she received her first political lesson from Mayors Brayman and Davis after she unexpectedly became mayor and took the wrong side on the municipal zoning issue. Further, she commended Mayor Brayman for being a wonderful father, having organized a number of fund raisers for Rett Syndrome research, a developmental disorder from which one of his daughters suffers. Mayor Brayman thanked CM Dennison for bringing up his battle against the disease. Currently, he is fighting with the school system to allow his daughter to attend Berwyn Heights Elementary School, which serves his neighborhood. He would appreciate any support the Town can lend this effort.

Christopher Harper report on National Student Leadership:  Mayor Calvo said that Christopher Harper approached the Council last spring to ask for its support to send him to the National Student Leadership Conference. The Council made a financial contribution with the stipulation that Christopher report back on his experience.

Christopher Harper thanked the Council for their contribution. He said that, for 10 days last summer, he participated in the National Student Leadership Council at American University. He had the chance to learn about the inner workings of the political system, by visiting the US Capitol and interacting with government officials and taking part in mock elections and Senate sessions. He also met other students from around the country and Canada. He believes the experience is valuable to his future education. In college he plans to take a major in pre-law or political science.

In response to Mayor Calvo, he said that as a 10th grader at Eleanor Roosevelt High School, he is required to complete a year-long science project this year. Not excited by investigating laws of natural science, he came up with a topic of his own: he will monitor the traffic in front of his home to see how many drivers come to a complete stop, a rolling stop or no stop. He would share the results with the Police Department if desired.

2. Hearing on Speed Camera Ordinance

Mayor Calvo explained the Council introduced Ordinance No. 149 authorizing use of speed cameras in school zones at the September Town meeting. Tonight is dedicated to just hearing input from residents. Adoption of the Ordinance is planned for November, unless there is wide-spread opposition. Mayor Calvo gave additional background. Municipalities last spring were authorized by State law to set up speed cameras. The law becomes effective on October 1. Exercise of the law is subject to a number of conditions:

• Cameras may only be set up within ½ mile of a school (or work zone);

• Council must first designate an area a school zone if cameras are to be used elsewhere. (Currently, school zones exist in front and behind Berwyn Heights Elementary School, and in front of Greenbelt Middle School);

• Tickets can be issued only when drivers exceed the posted speed limit by 12 mph;

• Tickets are up to $40 and do not result in points on a license;

• Tickets may be issued only by police officers;

• Tickets will not be issued until a 1-month warning period has passed.

Mayor Calvo continued that the Town will not spend money on implementing the program. The vendor providing the camera would assume the expense and risk for setting it up and operating it. The vendor would earn 40% of the revenue generated by the speeding tickets. However, the vendor will only operate speed cameras where enough speeding violations occur to make operation economically viable. He believes that there are only 3 locations where enough violations occur to justify a speed camera: 1) Pontiac Street in front of BHES, 2) Edmonston Road between Pontiac Street and the 7-Eleven, and 3) Greenbelt Road in front of Greenbelt Middle School. Any revenue the Town would get from the speeding tickets could only be spent on public safety. For example, the traffic safety improvements recommended by the Safe Streets Committee could be financed in this manner.

Mayor Calvo opened the hearing at 8:30 p.m. BHES Principal Karen Singer thanked the Council for continuing to look out for her students. Any steps taken to make it safer for the students to walk to and from school are greatly appreciated, including sidewalks, crosswalks, speed limits and officers monitoring traffic.

Ron Shane of 57th Avenue said he supports speed cameras and other measures to deter speeding in the Town and especially around the school. However, the signs posting a speed limit of 15 mph during school hours also need to indicate what times are school hours. Many residents don't have children and don't know when classes are in session, or if school hours include before and after care or summer school. If the hours can't be added to the signs, they should be advertised elsewhere. Mayor Calvo noted that the flashing lights on Pontiac Street indicate when school is in session.

Principal Singer clarified that classes are in session from 9:15 a.m. to 3:25 p.m. However, students arrive as early as 8:45 a.m. and reach home by 4:00 p.m. Council may also want to consider middle and high school students waiting for their bus at the corner of Pontiac and 63rd Avenue very early in the morning. Chief Murphy said that Berwyn Heights enforces the 15 mph speed limit between 8:30 a.m. and 4:00 p.m. Mayor Calvo added that the speed limit enforced by speed cameras applies between 6 a.m. and 8 p.m.

Phil Ventura of 57th Avenue asked for clarification of the provision allowing residents to petition for a school zone for the purpose of operating a speed camera. Mayor Calvo explained that the Council has the authority to declare any area within ½ mile of a school a school zone. The Council wanted to give residents the opportunity to request that their block be declared a school zone to set up a camera if they can muster a 51% majority. However, the provision was added to the ordinance before the Council realized that most streets in Town so designated wouldn't justify a speed camera because of the low number of speeding violations.

Ron Shane asked if the speed cameras are mobile like the one the Town already uses. CM Ahrens said that they are mobile but more sophisticated devices that use laser technology to determine speed to within 1/10 of a mph. Responding to Mr. Ventura, he said that the camera probably takes pictures of every car that passes by. Mayor Calvo added that photos of cars that are not in violation are probably routinely erased.

Debby Steele Snyder of Pontiac Street said that she fully supports the use of speed cameras in the school zone and urged that the Council extend the school zone to the 5900 and 5800 block of Pontiac Street because of the large number of walkers. Pedestrians include elementary and middle school students, residents walking their dogs, as well as many university students who ride their bikes. The cameras can monitor speeding at times when the police is not patrolling.

Jeremy Harris of Cunningham Drive said that he has doubts about the effectiveness of speed cameras and would like to see some data from places where speed cameras have been tried. He regards speeding tickets as a periodic $40 toll that does not entail points on a license. If the program is adopted, he would like the Town to publish the revenues obtained from the speed cameras. Revenues are likely to diminish once drivers learn where they are and stop speeding. At some point the program may cease to be economically viable. Meanwhile, the revenue from the cameras should be used for construction of more sidewalks.

With no further comments, the hearing was closed at 8:55 p.m.

3. Minutes

Clerk Harper read a summary of the September 9 Town meeting minutes. On a motion by CM Ahrens and second by CM Dennison, the minutes were approved 5 to 0.

4. Treasurer’s Report

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

5. Mayor’s Report

Mayor Calvo said that the ongoing national debate on health care has made him think about how this issue affects the Town of Berwyn Heights as a small employer. TA Murphy has provided him with data showing that the Town's health expenditures have gone up from $90,000 to $125,000  over the last 4 years. The increase would have been greater if the Town had not switched to a Health Insurance Arrangement with higher deductibles, which are rebated to employees in individual health expense accounts. Currently the Town pays 100% of premiums for individual employees and 85% of premiums for families. Over the long term, however, the Town cannot afford to pay for what averages out to annual increases in health expenses of 8% to 9% and, in the future, will have to shift some of the cost to employees. Action is needed at the federal level to control health care cost increases.

Mayor Calvo said that the Council has continued to discuss how to compensate for the loss of $128,000 in Highway User Revenues (HUR). At the last worksession the Council decided to cancel a $75,000 contribution to the infrastructure fund, which it had budgeted, as well as $15,000 in merit increases, which actually will save $20,000 in roll up costs next year. The Council also debated a reduction of trash collection service from twice a week to once a week as a way to reduce the budget gap. This approach takes the long view and tries to re-align services with lower revenues rather than patching budget holes with one-time cuts, as was done at the State and County level. The reduction in trash collection to once-a-week will affect different households in different ways. Those, who throw away large amounts of trash, will find it harder to adjust. One solution he favors is to provide every household with a standardized trash container (toter) that can be emptied automatically by a truck with a lift. Those that throw away a lot of trash could get a second container but would be charged a fee. It may act as an incentive for those households to recycle more to avoid paying for additional trash bins. The restructuring of services will take some time and up-front investments but may eventually result in a more efficient and fairer system. Residents are welcome to share their thoughts and ideas.

In other news, Mayor Calvo reported that, after personal intervention by the Deputy Director of DER Tom Matzen and County Councilmember Olson, the long-vacant home at 8507 58th Avenue was demolished last Friday. The demolition of the home became a trigger for Mr. Matzen to  revamp the County's abatement process. Further, the Council voted to reverse its position to support a revised detailed site plan for new town homes to be built at Metroland's south core. The Council initially opposed the DSP because the developers failed to abide by the agreement they have with the Town. Once the letter of opposition was sent, the developers apologized for their failure to keep the Town informed of changes and confirmed their commitment to the agreement, which compensates the Town for traffic and safety impacts to the tune of $500,000. Lastly, County Councilmember Eric Olson has sponsored legislation to stop the re-sale of stolen drugs and toiletries at Prince George's pawn shops. With the economy in a recession and unemployment up, there has been an increase in thefts of expensive toiletries from drugstores, which are then pawned and resold. Mayor Calvo said that generally burglaries and larcenies are up and asked residents to make sure their homes and sheds are properly locked.

6. Department Reports

Administration: CM Wilkinson reported that the Town received a check today for over $950,000 in real estate taxes collected through September. It also received a notice that it is eligible for a $17,000 grant to implement energy efficiency measures in municipal facilities. CM Wilkinson  reminded residents to report broken street lights. Pepco's telephone number is listed in the Bulletin.

Code Compliance: CM Ahrens said that some residents began raking leaves to the curb after a recent wind storm. He reminded residents that loose leaf collection does not begin until November 1. In the meantime, leaves should be set out in paper or transparent plastic bags. CM Ahrens announced that, on October 1, a law went into effect that makes it illegal to send or receive text messages while operating a motor vehicle. If caught texting, drivers can have their license suspended for up to three months. Lastly, in September there were 104 high grass violations, which again topped the list of code violations.

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that the combined Ice Cream Social and Movie at the Park event went off well and may serve as a model for future combined events. After the summer all Town organizations are again meeting on a regular basis. Residents are welcome to join and can find information about meeting times and programs in the Town Bulletin.

On October 7, CM Dennison and Education Advisory Committee (EAC) Chair Beth Brittan Powell attended a Prince George's County Public Schools (PGCPS) boundary hearing for Berwyn Heights Elementary and Greenbelt Middle Schools. The hearings are intended for parents and citizens to give input on where boundaries for local schools should be drawn and to share ideas on how a school should be set up, particularly whether a school should be considered for a K-8 model. The PGCPS website has a page that shows each school's current boundaries and any proposed changes. It also shows schools' State-rated capacity and AYP (Adequate Yearly Progress) scores. The EAC will work with the community to come up with a recommendation on whether BHES should become a K-8 school. Anyone interested in the issue can attend the next boundary hearing on November 12.

CM Dennison announced upcoming events, including a children's' Halloween Party at BHES on October 27, Trick or Treating on October 31 and Tree Lighting on December 5. The Boys & Girls Club held their annual banquet at Sports Park last Sunday, at which all participating children received trophies with their names on it. Championship teams honored included Coach Tom Reynolds' 14 & under soccer team and both the 12 & under and 14 & under girls softball teams. Boy of the Year was Adam Snyder, girl of the year Maria Escalana, man of the year Ronald Compton and woman of the year Maria Robles.

Public Health and Safety: Chief Murphy gave the police activities report for September. There were 11 Part I offenses, including 2 attempted motor vehicle thefts. This is slightly higher than the 5 year average of 9. However, the year to date total of 77 is still considerably lower than the 5 year average of 96 and on track for coming in under 100 offenses for the year. Chief Murphy concluded with highlights of press releases. Incidents included 2 break-ins in vacant homes. Neighbors are requested to report any suspicious activities around vacant homes to the police. He will work with Code Compliance and Public Works to make such homes more secure. Lastly, he filed a grant application with the Governor's Office of Crime Control & Prevention today to help fund the purchase of 800 MHz radios.

Public Works: MPT Lofgren reported that a patch job on Cunningham Drive came in at $4,000,  almost half the anticipated cost. Also on Cunningham Drive, a sewer relining project is under way, which uses sophisticated but noisy vacuum equipment to clean the pipes before they are relined. Public Works staff has begun to systematically document refuse violations and recycling habits and is working on getting the leaf machines ready for use. Last weeks recycling was particularly labor intensive because a windstorm had blown recyclables all over the streets. The wind had also blown down some cable lines, which were marked for repair. Street signs continue to be stolen or vandalized. Staff also painted a crosswalk in the school parking lot, as approved by the Council. In addition, they cleaned the call-a-bus for the County inspection and the Public Works yard, which will be inspected by insurance representatives.

7. Committee Reports

Education Advisory Committee: Chair Beth Brittan Powell sent her regrets.

Historical Committee: CM Dennison reported that the Council endorsed a letter from the Historical Committee to the County Historic Preservation Division to request that the Town be included in Historic Sites & Districts Plan survey for consideration to become a historic district.

Neighborhood Watch/Emergency Preparedness: Mayor Calvo said that the Neighborhood Watch Committee will assist police in patrolling the streets on Halloween.

Recreation Council: Reported under Department Reports.

8. Unfinished Business

Ordinance No. 149 – Speed Monitoring System: No action was taken.

9. New Business

There was none.

10. Citizens Discussion

Ann Harris Davidson noted that two large bill boards, which she considers eye sores, are still up along Branchville Road and asked what the Town is doing to have them removed. Mayor Calvo said that their status is unchanged. Ms. Davidson continued that the State-rated capacity of BHES was moved up to 450 in the latest PGCPS documents produced in conjunction with the boundary hearings, up from earlier ratings of 436. Further, Ms. Davidson informed that she worked all day to fill up a large moving truck with her family's belongings before leaving Town on Saturday morning. The new owner grew up in Yarrow and wanted to move back here. Her sister owns a Sears pattern book home in Annapolis. As this will be her last appearance at a Town meeting, Ms. Davidson again thanked the Town for giving her family a wonderful farewell and for plans to install a plaque to recognize her efforts to get the school re-opened.

Ron Shane asked for clarification on where the Town would save money if it switches to once-a-week trash collection as the volume of trash and disposal fees will remain the same. Mayor Calvo replied that, ultimately, the savings would come from personnel, as less man hours would be used when trash is disposed of only once per week. Staff reductions would be implemented over time as vacancies would not be filled and temporary staff used less often. Also, additional revenues might be generated if fees are charged to residents who put out excessive amounts of trash. Mr. Shane suggested that another way to save money might be to reduce bulk trash pickup from once-a-week to once-a-month and removing other bulk trash by appointment. Mayor Calvo said that this suggestion is worth trying but first need to be brought to the attention of residents. The first step in making trash collection more efficient is to enforce trash violations more vigorously and cut down on the time it takes the crew to pick up.

Kerstin Harper, Town Clerk

Signed: Kerstin Harper, Town Clerk

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