Town Meeting Minutes
December 9, 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, and citizens.

Mayor Calvo led the Pledge of Allegiance.

1. Presentation

Eric Olson legislative report: Mayor Calvo welcomed County Councilmember Eric Olson to give a report on the recently concluded legislative session. Mr. Olson said that, despite a difficult budget process this year, there were several notable accomplishments. Having previously passed a bill that limits the number of pawn shops in Prince George's County, he sponsored a bill this session restricting items that can be pawned. Pawn shops were found to be selling things like infant formula, over-the-counter medicines and other personal care items. Some were identified as having been stolen from drugstores. He felt it was important to stop this practice because of the possible hazards for public health and safety. In getting the bill passed, he had the support of such retailers as CVS, Target and Safeway. The second bill he helped pass, which was sponsored by Councilmember Will Campos, establishes a special exception for check-cashing enterprises. The bill requires such businesses to hold a public hearing before opening a store, thus giving neighbors a voice in whether such an establishment should operate in their neighborhood. Another bill, sponsored by Councilmember Tom Dernoga, permits adult book and video stores to be operated only in industrial zones.

Mr. Olson continued that he was present when the abandoned home on 58th Avenue was finally demolished and happy to have been of assistance. The case led the Department of Environmental Resources (DER) to make improvements to the County's abatement process. Another accomplishment is the repaving by Park & Planning of the Indian Creek Trail, which he requested over a year ago and which CM Wilkinson helped push through. The trail no longer has areas of standing water and mud after a heavy rainfall.

In response to CM Dennison, Mr. Olson said an education funding issue regarding Prince George's County Public Schools (PGCPS) has not been resolved. The County was unable to uphold the Maintenance of Effort (MOE) agreement it has with the State this year because of the budget crisis. The County planned to charge PGCPS $22 million in fees for services it previously provided for free. He was able to convince the County Council to charge the school system only ½ of the $22 million. Further, he and County Councilwoman Ingrid Turner were able to secure the $7.6 million in State funds for the reconstruction of Greenbelt Middle School, on which the Berwyn Heights Town Council had sought his help. He also protested the deletion of a series of environmental projects in Prince George's County that were planned to mitigate the impact of the Inter County Connector (ICC) on Indian Creek. He thanked the Town for likewise writing a letter on the subject. Next year he will chair the Transportation, Construction and Environment Committee, and plans to question SHA on the matter as well as work more closely with the State delegates.

CM Wilkinson asked if SHA had responded to the protest. Mr. Olson said it had but that the response was not satisfactory. CM Wilkinson noted that, as a result of his conversation with Parks and Recreation Planning Supervisor Charles Montrie, the Wells Ice Rink and Riverdale community park now have external water connections. Mayor Calvo thanked Mr. Olson for coming today and for being such a good champion of the interests of the Town of Berwyn Heights at the County level. He congratulated him on chairing the County Council next year and wished him luck in the 2010 elections.

2. Minutes

Clerk Harper read a summary of the November 11 Town meeting minutes. On a motion by CM Ahrens and second by CM Dennison, the minutes were approved 5 to 0.

3. Treasurer’s Report

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

4. Mayor’s Report

Mayor Calvo said that he enjoyed participating in the Tree Lighting celebration last weekend and was pleased with the community's involvement. The Seniors Club, Girl Scouts and Town musician Phil Ventura helped the Recreation Council make this an event that attracts more people every year. Over Thanksgiving, the Karate Club raised funds for a Turkey dinner for a needy family in Town and asked him to help identify the family. He thought this was a wonderful idea and encouraged residents to help out other families in need by donating to local food banks. Cans and non-perishables can be dropped off in the Town office. 

Mayor Calvo reported that the Council held its annual legislative dinner with the District 22 Delegation at the William's Bistro. County Councilmember Olson also attended. Topics discussed included the Kenilworth Avenue/Pontiac Street intersection and the loss in Highway User Revenues (HUR). The Council made it clear that HUR are important to the Town and that their loss has put the street renovation program on hold. Last night, he attended a Prince George's County Municipal Association (PGCMA) meeting, where he chairs the legislative committee. The PGCMA adopted its legislative priorities for the upcoming session, which focus on reforming Park & Planning. It recommended that: 1) a task force be appointed to study M-NCPPC and how it affects the lives of Prince George's County residents; 2) the homestead tax credit be applied to Park & Planning taxes, which have skyrocketed over the years because of fast rising property values; and 3) the tax differential be applied to Park & Planning taxes, which credits the Town for the cost of services the County does not have to perform because they are performed by the Town. This includes police protection and some park maintenance. The PGCMA priorities will be recommended to the State delegation for adoption.

Mayor Calvo continued that he testified at a PGCPS boundary hearing and the Council sent a letter recommending that the boundaries for Berwyn Heights Elementary School (BHES) be reduced. The school has been overcrowded since it opened in 2002 and the overcrowding may get worse as the generational transition proceeds. The Council also worked on reviewing the Town's trash collection service in a three- pronged approach: 1) effect compliance with current trash disposal and recycling regulations by sending letters to residents who are in violation of the rules; 2) update the Refuse Collection Ordinance to reflect current and planned practices; and 3) plan for introduction of standard bins that can be emptied by trucks with mechanical lifts as part of a transition to once-a-week trash collection. The Council has also begun to discuss the Safe Streets Committee’s recommendations submitted in September to identify improvements that can be implemented now at relatively low costs, such as repainting stop lines and extending no parking areas in intersections. Improvements to the Kenilworth Avenue/Pontiac Street intersection will be on the agenda at the December 15 worksession. SHA Assistant District Engineer Brian Young will be present and Delegate Gaines and Senator Pinsky will be invited to discuss the issue. Residents are welcome to attend the meeting and comment on any of the issues the Council is working on.

Mayor Calvo also noted that the FY 2009 audit of the Town budget was recently completed and shows that the Town's net worth is now $2.1 million. This represents a doubling of assets since FY 2004 that is attributable in large measure to the prudent fiscal management of the Council during those years. For the next fiscal year, the Council can look forward to being entirely debt free, an achievement that is shared by few other governments at any level in these difficult times. On the other hand, with the upcoming re-assessment in January 2010 a substantial decline in property values is likely to occur. The Town will be challenged to manage the resulting decline in real property tax revenues, which could be anywhere between 10% and 30%. This may require a painful adjustment, especially since the Town's dependence on real property tax revenues has increased as federal, state and county assistance has dried up. For home buyers, this is a good time to purchase a house in Berwyn Heights.

Lastly, Mayor Calvo formally commended Chief Murphy for a selfless rescue attempt, which defused a dangerous situation in the Staples parking lot last weekend. Officer Roberson had called in the accident, in which a driver exiting Science Park had a heart attack and ran into a parked car in the Staples parking lot with engines still running and spinning wheels shooting sparks. When Chief Murphy arrived on the scene, he approached the car, and without regard to personal injury, knocked out the window, turned off the ignition, and pulled out the driver to administer CPR. While he was not able to revive the driver, he prevented possible injuries to shoppers and damage to other cars or property. Officer Roberson secured the area and kept people away. Mayor Calvo thanked Chief Murphy for his quick thinking and brave action.

5. Department Reports

Administration: CM Wilkinson joined the praise for Chief Murphy. He then reported on FY 2010 revenues received to date, which total $1.37 million of $2.5 million budgeted and puts the Town ahead of last year's collection by $178,000. Further, Park & Planning installed a long-awaited concrete stairway with railings leading from the lower school parking lot to the Community Center Gym. TA Murphy has been busy working with Directors Solomon and Coleman on revising the Refuse Collection Ordinance. The Administration Department wrote a letter to the SHA complaining about the deletion of a number of environmental mitigation projects planned for the Indian Creek head waters in conjunction with the building of the Inter-County Connector (ICC). Senator Pinsky will hold a town hall meeting at Riverdale Elementary School the coming Saturday, 9:30 to 11:00 a.m. Superintendent Hite is also expected to be there. It may be a good opportunity for Berwyn Heights residents to raise education concerns, such as redrawing boundaries, plans for a pre-K8 school and Greenbelt Middle School funding. He thanked Clerk Harper for producing a mock-up for a new website, which Webmaster Lisa Carroll will attempt to implement within the next few months.

Code Compliance: CM Ahrens had a number of seasonal reminders. In case of snow, residents are requested not to shovel or blow snow into the streets because it will be deposited back into the driveway when the snow plow makes another pass. Trash cans should be placed further back from the curb so that they cannot be knocked over by the snow plow. Should there be no trash collection because of snow, residents must bring their containers back to their normal storage place. Further, residents are encouraged to have their heating system checked, chimneys cleaned, test their smoke alarms and watch out for overloaded electric circuits that may be caused by Christmas decorations. Christmas trees should not be set up next to fire places or other heat sources.

Parks and Recreation, Education and Civic Affairs: CM Dennison thanked the Recreation Council and Senior's Club for putting together another wonderful Tree Lighting. Phil Ventura, who for many years has played music at this event, was honored with a plaque. She also thanked Santa Claus and his young helper for coming and Janet Freitag's Girl Scouts troop for helping out. Next events include the Holiday Decorating Contest from December 20 to 23 and on March 19, a second annual Talent Show at BHES. The PTA will hold a book fair on December 15 at which all residents are welcome to purchase Christmas gifts. At the same time, visitors can view the science fair projects of the students still on display. Several Berwyn Heights Boys & Girls Club soccer teams participated in the County's Harvest Tournament. Coach Menjivar's U-12 soccer team won the championship for their age group.

CM Dennison congratulated her daughter Sarah Jeanne on her upcoming graduation from the University of Maryland. Former resident Ann Harris Davidson will return briefly to the area for a book-signing at Costco this Saturday. Her book Berwyn Heights, Then & Now is for sale at a reduced price. CM Dennison then read a Christmas poem by James M. Schmidt in honor of members of the U.S. Marines. CM Dennison dedicated the poem to Marine reservist and former Mayor Brad Jewitt, who is currently serving a tour of duty in Iraq, as well as other former Marines in the service of the Town and all enlisted men and women in Berwyn Heights.

Public Health and Safety: Mayor Calvo announced that the County is shifting to a new 800 MHz communications system, which will enhance interoperability between first responders and government agencies. Governor O'Malley has made available federal grant money to municipalities to purchase the new radios, which will pay for nearly half of the cost of the Town's conversion. Further, the Berwyn Heights Volunteer Fire Department is in the middle of their annual fund drive. Residents are encouraged to include them in their year-end giving. CM Dennison added that the Fire Department will hold a pizza fundraiser on December 19 and 20. Everyone who orders a pizza though the Fire Department will receive a free smoke detector.

Chief Murphy said that Governor O'Malley made available $1.5 million in federal grant money to help municipalities to purchase one portable radio for each police officer. No funds were set aside for mobile radios or antennas on police cars. He then gave the police activities report for November. There were 7 Part I offenses, which brought the year-to-date total to 96 offenses. This compares favorably to the 5 year average of 114. Chief Murphy continued that December 1 marked the 10th anniversary of his tenure as police chief in Berwyn Heights. This is much longer than he anticipated when he took the job. However, this will be his last year before he retires. He thanked the Council for being given the opportunity to serve. Chief Murphy concluded with highlights of press releases.

Mayor Calvo thanked Chief Murphy for his 10 year service, during which he probably built the finest police department the Town has had. He appreciates his offer to remain in office until the transition is complete.

Public Works: MPT Lofgren likewise thanked Chief Murphy for his service. He reported that Public Works foreman strung the lights for the Tree Lighting celebration. At the corner of Ruatan Street and 60th Avenue another stop sign went missing, including post and anchor. Public Works mounted snow plows on its trucks and salted the roads after last week's first snow while continuing to collect leaves. During the first week of December, two additional tons of recyclables were collected, which may be due to the Town's efforts to get residents to recycle more.

6. Committee Reports

Education Advisory Committee: CM Dennison summarized a report sent by Committee Chair Beth Brittan Powell, who was unable to attend. Mayor Calvo and Ms. Brittan Powell testified at recent Prince George's County Public Schools (PGCPS) boundary hearings, making the case for reducing BHES' boundaries and moving toward K-8 schools. The Committee continues to favor the conversion of BHES into a preK-8 school and is seeking advice from schools that have been through the process. The EAC discussed ways to build better connections with Greenbelt Middle School, which is at risk of being taken over by the State if it fails to meet Adequate Yearly Progress (AYP) again. Most BHES students will be attending Greenbelt Middle School. The Creative and Performing Arts Program at Hyattsville Middle School, which is attended by many Berwyn Heights students, has been slated for re-evaluation.  BHES' PTA plans to connect with PTAs from Hyattsville, University Park and Greenbelt to ensure that a proper evaluation is conducted.

Historical Committee: Reported under Parks & Recreation Department report.

Neighborhood Watch/Emergency Preparedness: No report.

Recreation Council: Reported under Parks & Recreation Department report.

7. Unfinished Business

There was none.

8. New Business

Public Hearing – Proposed New School Zone on Edmonston Road and Expanded School Zones on Pontiac Street: Mayor Calvo explained that the Council plans to adopt a resolution tonight that would establish a new school zone on Edmonston Road between Seminole Street and Pontiac Street, and expand the existing school zone between 63rd and 60th Avenue on Pontiac Street to the east, from 63rd Avenue to Edmonston Road, and to the west from 60th to 58th Avenue. The speed limit in the school zones during school hours would remain at 25 mph on Edmonston Road and on Pontiac Street between 60th and 58th Avenue. It would be reduced to 15 mph on Pontiac Street between 63rd Avenue and Edmonston Road. The school zones may be monitored by speed cameras. Forty dollar tickets will be issued to drivers exceeding the posted speed limit by 12 mph during school hours. Tickets will not be recorded as points on a license. Mayor Calvo opened the hearing at 9:40 p.m.

Mike Pioso of Natasha Drive expressed concerns about reducing the speed limit to 15 mph in school zones all day long. Normally, the lower speed limits apply only during school hours. However, the Council may want to consider applying the 15 mph speed limit to times when other regularly scheduled afternoon activities take place, such as team sport events at the Community Center. Flashing lights should be timed to coincide with the times when children come and leave school or when athletic events are scheduled. He said that it might be difficult to maintain a 15 mph speed limit uphill in a car with manual transmission. He suggested that the upper school parking lot be closed, with the lower parking lot becoming the only access to the property. He opposed a traffic circle at the intersection of Pontiac Street and 58th Avenue because there is not enough space. Lastly, he said that the State of Maryland should be taken to court for withholding Highway User Revenue.

Gary Vie of Seminole Place asked whether the Safe Streets Committee has considered the impact of speed cameras on traffic patterns on adjacent streets and throughout the Town. Mayor Calvo said that the Committee did not explore speed cameras. However, it did evaluate a traffic study done by Traffic Group in the summer of 2008, which found that the worst speeding occurs on Edmonston Road North. The study done by the speed camera vendor, OptoTraffic, in October of this year found that the highest volume of speeding incidents occurs on Pontiac Street right before school starts and after it ends, suggesting that speeders include many parents dropping off and picking up students. Pontiac Street and Edmonston Road are being considered for speed camera monitoring because they have been identified as the worst speeding areas. They will serve as test cases for speed cameras. The Council has no plans for putting cameras all over Town and will take a measured approach.

Mr. Vie noted that Edmonston South may have a bigger speeding problem than Edmonston North. Further, he asked if there has been an increase in accidents that demands additional safety measures on Pontiac Street or Edmonston Road. Setting up cameras now gives the appearance that the Council wants to raise money, particularly so with respect to Edmonston Road because it has a high volume of speeding but is not a direct access to the school. Edmonston Road could be called a “fake school zone” and may invite court challenges. Furthermore, speed cameras on Edmonston Road may simply move traffic over to adjacent streets further into the Town. For this reason, he is opposed to a school zone on Edmonston Road. Mr. Vie questioned the wisdom of having 2 different speed limits in the school zone on Pontiac Street, with the extensions carrying a 25 mph speed limit and the current school zone a 15 mph speed limit. This may confuse drivers and lead to faster driving throughout the school zone.

Mr. Vie also stated that residents may be surprised to learn that fines in school zones can go up to $1,000. Chief Murphy clarified that a $500 fine can be issued only to drivers going more than 35 mph over the speed limit, which double when lights are flashing. CM Wilkinson added that tickets issued by cameras are always $40. Lastly, Mr. Vie asked if the use of speed cameras would entail a reduction in police officers. Mayor Calvo said it would not. The hearing was closed at 10:12 p.m.

Resolution 02-2009 – Edmonston Road, Pontiac Street School zone designation: Clerk Harper read the Resolution. CM Wilkinson moved to adopt it. MPT Lofgren seconded. Mayor Calvo addressed the concerns raised in the hearing. He said that speed cameras represent a new approach to curb speeding by setting up a secondary enforcement mechanism. He believes that the growth in the student population since the re-opening of BHES requires more enforcement. However, when police officers enforce moving violations, the revenue goes to the State. When speed cameras are used, the revenue comes back to the Town. He is convinced that the presence of speed cameras will be effective in inducing people to drive more slowly in the school zones. The cameras will likely only be operated on Pontiac Street and Edmonston Road. Other roads probably don't have enough traffic volume to generate enough revenue from speeding tickets to make speed cameras viable. He does not believe law suits will be a problem because the State adopted the enabling legislation. Lastly, the Town will continue to monitor school zones and any impact they may have on neighboring streets after the program is up and running, and make adjustments as needed. The goal is to make the Town safer, not to raise money.

CM Wilkinson commented that he supported the program since it was proposed. There is a need to ensure the safety of the 160 - 200 students walking to and from school every day. He believes that speed cameras are an effective, economical way to do that. As a small town, Berwyn Heights cannot afford to have officers stationed at the school all day to enforce speeding violations. Apart from that, the speed camera program is not overly burdensome. The tickets issued do not exceed $40, are reviewed by the Chief and can be appealed in Court. Also, tickets are only issued when the speed limit is exceeded by 12 mph. He would have favored a wider school zone, but supports the Council's slow and measured approach.

CM Ahrens said he initially voted against speed cameras but based on the results of the speed studies on Pontiac Street and Edmonston Road changed his mind. The studies showed that there is a significant problem with speeding in front of the school during the times when students walk to and from school. CM Dennison said that, while she is not a big fan of speed cameras in general, she supports them in Berwyn Heights. As the liaison to the Education Advisory Committee (EAC) and BHES PTA, she has embraced their position that cameras are needed to make the streets safer for walking students. Edmonston Road, while not a direct approach to the school, is used by students. She does not believe that the Town will become a target for law suits because drivers, who receive a ticket, can appeal them in traffic court. However, she believes the concern about when different speed limits on Pontiac Street apply is valid and is something that the Council may review.  MPT Lofgren said that he is in favor of establishing the school zones and using speed cameras for all the reasons already stated. He does not believe that it will put the Town at risk of being sued because the Town is merely implementing enabling legislation adopted by the State. Further, the protest rate in a Montgomery County test case was 1 percent.

Mr. Pioso suggested the Town consider closing off access to the 7 Eleven from Edmonston Road to reduce the amount of out-of-Town traffic. He also urged the Council not to implement a 15 mph speed limit from 6 a.m. to 8 p.m. Instead the Town should operate flashers when students come to school and when they leave. During other times the speed limit should revert to the regular 25 mph. He asked whether the Town would have to pay a fee if the revenue from speeding tickets declines. Mayor Calvo said that he would not have the Town sign a contract that has such a provision. Generally, the risk for whether the cameras are viable is the vendors.

Mr. Vie commented that he supports making streets safer but questions whether speed cameras are the best way to go about it. He fears that a speed camera would simply divert traffic onto other streets. He also asked whether the Council has considered a possible backing up of traffic onto Kenilworth Avenue, if the speed limit on Pontiac Street between Edmonston Road and 63rd Avenue is lowered to 15 mph. He suggested that this possibility should be raised with the State Highway Administration. Mayor Calvo replied that he cannot see how a lower speed limit could bring about this problem but that he would raise the issue with SHA representatives. Further, the Town plans to be on the lookout for the possible displacement of traffic due to speed cameras and would make adjustments in the deployment of officers. However, he believes that the signs announcing speed limits to be “photo enforced” would have an effect Town-wide and not only on the roads where the signs are posted. CM Wilkinson added that the cameras can be moved around between areas designated as school zones.

The Council voted 5 to 0 to adopt the school zone resolution.

9. Citizens Discussion

Mr. Vie asked for clarification on what once-a-week trash collection means in practice and whether it includes recycling. Mayor Calvo said that recycling would remain a separate process. Recycling is now single-stream, which means that recyclables no longer have to be sorted into different categories. The Town plans to consolidate two trash collections per week it performs now into one with the long term goal of saving money. However, some up-front investment in equipment is necessary. To make the switch the Town would have to first purchase standardized trash containers and trash trucks with a mechanical lift. Money has been set aside for a new trash truck; other Public Works trucks would be retrofitted. Currently, residents who throw away a modest amount of trash and recycle subsidize households who throw away 4 – 5 cans of trash a week. He would like to have a system where households that throw away more than one can of trash have to pay an extra fee. However, any amount of recycling would be picked up for free. Once implemented, the system may save the Town between $50,000 and $60,000 a year.

Mr. Vie commented that the Council needs to be careful not to create a new problem when implementing this system. It could lead to more trash being dumped along Indian Creek or other places, as has happened in the past. To encourage recycling, the Town should be more pro-active in informing residents about what materials are now accepted for recycling. Mayor Calvo replied that the Town did produce a mailer on recyclables that was sent to all households when it switched to in-house recycling last year. Mr. Vie is welcome to recommend additional ways to get the word out.

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

Signed: Kerstin Harper, Town Clerk

Copyright © Town of Berwyn Heights.