Town Meeting Minutes
November 11, 2009

The meeting was called to order at 8:00 p.m. Present were Mayor Pro Tem Lofgren, CMs Ahrens, Dennison, and Wilkinson. Mayor Calvo had an excused absence. Also present were Town Administrator Murphy, Detective Antolik, Clerk Harper and citizens. Chief Murphy and Treasurer Lape had an excused absence.

MPT Lofgren led the Pledge of Allegiance.

1. Presentation

2. Minutes

Clerk Harper read a summary of the October 14 Town meeting minutes. On a motion by CM Ahrens and second by CM Dennison, the minutes were approved 4 to 0.

3. Treasurer’s Report

CM Wilkinson gave the Treasurer's report for the month of October.

4. Mayor’s Report

On the occasion of Veterans Day, MPT Lofgren saluted all veterans for their service to the country.  CM Dennison conveyed best wishes to former Mayor and Marine Corps Officer Brad Jewitt, who is currently stationed in Iraq.

5. Department Reports

Administration: CM Wilkinson reported that the audit has been completed and found all book-keeping in good order. The Town's surplus increased by $38,921, the Infrastructure Reserve Fund by $70,000 and the Capital Equipment Reserve Fund by $29,800. The Town Center rental application is now available in Spanish. Residents are reminded to keep porch lights on to deter crime and purchase steering wheel locks to prevent car thefts. Street light outages should be reported to the Town office. Power outages should be reported to Pepco.

Code Compliance: CM Ahrens reported that the chief violation for October was for tall grass, followed by trash and litter violations. The latter is the result of the Town more strictly enforcing such violations as part of a public education campaign. Residents first receive a warning notice about breaking a particular trash disposal rule, such as not mixing recyclables with regular trash, and later a fine, if the violation continues. CM Ahrens also reminded residents that the Town requires fire wood to be stored at least 6 inches above the ground to prevent infestations.  He warned residents not to contract with door-to-door salesmen offering free furnace inspections. Often they are not licensed and make repairs that are not needed. Curbside leaf collection is now in effect. Residents are requested not to park on leaf piles.

Parks and Recreation, Education and Civic Affairs: CM Dennison reported that the Halloween Party at Berwyn Heights Elementary School (BHES) was a great success, with hundreds of participants in attendance. Children showed off their costumes, made crafts, and watched the amazing tricks of Jay the Magician. The school's PTA has been busy, hosting CM Wilkinson for a presentation on speed cameras during the October meeting and organizing a reading night for students focusing on science fair topics. The science fair will take place on December 8. At an   executive board meeting, the PTA took a position in favor of speed cameras and sent a letter of support to the Council. As part of a new fundraiser, BHES students took advantage of the opportunity to pour green slime on their principal and PTA members. CM Dennison announced that the Tree Lighting will be held on December 5 at the Town Center and the Home Holiday Decorating Contest in the week between Christmas and New Year. The Berwyn Heights Historical Committee (BHHC) talked about a historic district survey, plans to join the Prince George's Community Foundation and several ongoing projects. Lastly, CM Dennison encouraged everyone to take part in the 2010 census, which will be the basis for drawing congressional districts and allocating federal funds. Census promotional materials are available.

Public Health and Safety: Detective Kenneth Antolik gave the police activities report for October, in lieu of Chief Murphy, who was absent. He said that he spent the day with his father, a decorated Vietnam Veteran and some of his comrades and listened to their stories. He reported that there were 12 Part I offenses in October, and gave details on several incidents. He advised residents to keep porch lights on, use a club and lock their car doors to prevent thefts.

Public Works: MPT Lofgren reported that Public Works had a busy week, including a lot of heavy yard waste. Next week, they will have to catch up on recycling, which did not take place this week because of Veterans Day. Public Works has begun to document the worst trash violations for each day. These households are then sent a letter outlining the violation and the required remedy as part of a concerted effort to get residents to follow the rules. Frequently, the violation is the discarding of recyclables, such as card board boxes, in the regular trash. The Town would like residents to set out all recyclables on recycling day, because it is cheaper to tip at the county recycling plant than at the landfill.

6. Committee Reports

Education Advisory Committee: CM Dennison announced that the next meeting will be held on November 12 at BHES. The Committee, under direction of Beth Brittan Powell, will continue to work on the boundary issue.

Historical Committee: Reported under Department Reports.

Neighborhood Watch/Emergency Preparedness: There was no report.

Recreation Council: Reported under Department Reports.

7. Unfinished Business

Ordinance No. 149 – Adoption of Speed Camera Enforcement Program: MPT Lofgren said that the Council has discussed the speed camera program at every meeting during the last 3 months and plans to conclude this business tonight. He invited residents to comment on the Ordinance before it is adopted.

Ron Shane of 57th Avenue commented that he generally supports the use of cameras to monitor speeding, provided the hours, during which a 15 mph speed limit in a school zone is in effect, are clearly posted. Berwyn Heights police currently enforce the 15 mph speed limit between 8:30 a.m. and 4 p.m. but the cameras can be operated between 6 a.m. and 8 p.m. Before 8:30 a.m. and after 4:00 p.m. the speed limit is 25 mph. With tickets not being issued until the posted speed limit is exceeded by 12 mph, the effective speed limit is 37 mph during non-school hours, which he considers too high.

Paul McNulty of Swarthmore Drive said that he submitted comments for the last Town meeting via e-mail, which were not reported. He is attending this meeting to state his opposition to speed cameras. First, he believes that Berwyn Heights is not the kind of community that needs cameras to look over people's shoulder. Second, he disputed that parents drive recklessly after they drop their children off at school. It is unlikely that drivers could accelerate from 0 to 27 mph over a distance of 30 meters (100 feet) at which point a camera would snap their picture. Beyond that, cameras can only determine if a driver is speeding not whether he is driving recklessly. There are areas where speeding is a problem, for example Edmonston Road. But what is needed is a change in current traffic law, which requires revenue from moving violations to go to the State rather than municipalities and municipal police officers to be in court when a ticket is challenged. The incentives should be changed to encourage local police to enforce existing traffic rules rather than enforcement handed over to a vendor, who takes 40% of every ticket that is issued. He thinks this issue should go to a referendum to give all residents a voice in the decision.

CM Dennison said that the Council had a vendor complete a speed study which showed that there were a high enough number of violations on Pontiac Street to justify a camera. TA Murphy explained that the Town has two choices: it can either purchase a camera on its own or operate it or it can hire a vendor to provide the service. In both cases a minimum threshold of violations needs to occur for the camera operator to recoup the cost of the equipment and the cost of operating the equipment. MPT Lofgren said that the details of implementing the program have not yet been worked out. The adoption of the Ordinance merely gives the Town the authority to implement a speed monitoring program. He invited the vendor, who completed the speed study, to comment.

Mickey Shepherd of Optotraffic said that Optotraffic is the only vendor of automated speed monitoring equipment based in Maryland. They are located in Lanham and work with municipalities on setting up programs. The speed study the company completed for Berwyn Heights showed that there were more than 500 speeding violations each way in front of the school on Pontiac Street during the testing period. Edmonston Road had less because the speed limit is higher. It is up to the Town how it wants to control speeding and whether to hire his company. One benefit of using Optotraffic is that there are no upfront costs. The vendor's earning come only from tickets issued once the program has started. Also, there is no long-term contract. If ticket revenue drops off after some weeks of operating the cameras, the program can be stopped without any cost to the municipality.

In response to Mr. McNulty, Mr. Shepherd said that altogether there were more than 1,000 vehicles going more than 12 mph over the 15 mph speed limit from October 20 – 22 between 6 a.m and 8 p.m. in the school zone on Pontiac Street. This averages out to about 380 per day. He noted that fines double in a school zone with lights flashing only when an officer is present to issue a citation. All tickets based on camera enforcement are $40.

Mr. McNulty asked for clarification if this means that a 15 mph speed limit applies for the entire time the camera is in operation. He further noted that the results of OptoTraffic’s speed study are radically different from the speed studies done previously for the Safe Streets Committee, which he co-chaired. CM Wilkinson asked if the earlier study was done during summer vacation. Mr. McNulty confirmed that it was done when school was not in session and the speed limit would have been 25 mph. But he is still surprised by the difference in the numbers.

Pat Blankenship of Osage Street said that she is not surprised by the findings. Pontiac Street is the main cut-through street in Berwyn Heights and drivers from out of Town fly down this street all the time. She believes the cameras are needed to discourage that and bring some revenues to the Town as well. She also favors cameras on Greenbelt Road and Edmonston Road, where people regularly exceed the speed limit.

CM Wilkinson said that he is walking his children to school along Pontiac Street. He observes numerous cars speeding when they come up Pontiac Street from Kenilworth Avenue. They slow, roll through the stop sign at 63rd Avenue, and speed into the school driveway or past the school. The crossing guard at the lower parking lot reports an astounding number of drivers ignoring her signals to stop.

CM Ahrens said that initially he was not convinced that speeding was a big problem but the study shows that there is a speeding problem at the school, with peak speeding occurring between 8 – 9 a.m. when many students are on their way to school. The Council should act sooner rather than later to address the problem.

CM Wilkinson moved to adopt the Ordinance No. 149. CM Dennison seconded. The motion passed on a 4 to 0 roll call vote.

8. New Business

There was none.

9. Citizens Discussion

Pat Blankenship, a member of Citizens to Conserve & Restore Indian Creek (CCRIC), requested the Council to write a letter to the State Highway Administration (SHA) to complain about the deletion and down-grading of Inter-County Connector (ICC) environmental mitigation projects in Prince George's County. She explained that on August 5, 2009, the ICC Inter Agency Working Group (IAWG) down-graded the only ICC mitigation project and eliminated most environmental stewardship projects planned for Indian Creek over the objections of Prince George's County. Meanwhile most of the environmental mitigation projects proposed for Montgomery County have been completed or are in progress. County Councilmember Tom Dernoga has written a detailed letter asking that the proposed environmental reductions be rescinded immediately. Ms. Blankenship provided the Council with copies of Mr. Dernoga's letter in case the Council decides to write a letter of opposition. The comment period ends on November 19. MPT Lofgren thanked Ms. Blankenship for the information and said that the Council would take it under consideration.

Mark Montemerlo, 5710 Pontiac Street, stated for the record that he and his wife are not in favor of installing a traffic circle at the intersection of Pontiac Street and 58th Avenue. His neighbor, Ann Harris Davidson, at the last Town meeting, said that she believes that all property owners at this location support the traffic circle. CM Dennison said that the circle was not recommended in the Traffic Group traffic study. Mr. McNulty said he believes that the Safe Streets Committee endorsed it. 

Ron Shane said that he wishes to comment on two issues pertaining to Prince George's County zoning matters. As a newly-appointed County zoning inspector speaking in an unofficial capacity, he wishes to share knowledge that may help residents avoid problems. The Town has had an understanding with the County that the County would not enforce parking regulations unless requested by the Town to do so. Many residents believe that they may park commercial vehicles in their driveways. A Town Traffic & Parking Ordinance, in fact, requires commercial vehicles to be parked off the street between 5 p.m. and 7 a.m. and on weekends, unless the owner has a Council approved permit to park in the street. However, parking of commercial vehicles on one's property is forbidden in residential zones, according to County zoning law, which supersedes Town code. Mr. Shane advised residents with commercial vehicles not park them on their property. They could be cited by County inspectors, who may soon be enforcing these regulations more strictly.

Mr. Shane continued that he is also concerned about a multi-family dwelling on 57th Avenue across the street from his home. He knows that 10 people live in this home and has heard from a person working for the Town has issued separate licenses for upstairs and downstairs apartments in this home, which is not permitted in an R-55 zone. He hopes that the Town has not started a practice of licensing multi-family homes which would bring into conflict with County zoning standards for residential zones. To ensure that the Town is not issuing such permits, he would like to request a list of all rental units in the Town and the permits issued them under Maryland's sunshine law.

MPT Lofgren said that the Town does not intend to violate County zoning rules. One of the reasons it has adopted Town code is that the County has neglected to enforce its code. But if Mr. Shane can bring specific examples, the Town will look into it. Mr. Shane said, in the past, County zoning inspectors have been told not to enforce housing codes in Berwyn Heights because the Town has its code enforcement program. However, the County enforces zoning law. If a new County inspector were to come in he might find a lot of zoning violations that could be cited, including multi-family homes, illegal additions, buildings in back yards used for business or for rentals, and basement apartments that have no emergency exit.

MPT Lofgren said that the Council will look into the issues Mr. Shane brought up if provided specific examples. Mr. Shane said he will provide the information. Lastly, MPT Lofgren thanked CM Wilkinson for getting in touch with the Assistant Director of the County Parks & Recreation Department and requesting upgrades to a number walk ways. As a result the sections of the Indian Creek trail system have been resurfaced and a new concrete stairway has been installed leading from the lower school parking lot to the Community Center.

Kerstin Harper, Town Clerk

Signed: Kerstin Harper, Town Clerk

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