Town of Berwyn Heights Seal Town of Berwyn Heights Interactive Logo

 

Worksession Minutes
December 15, 2009

The meeting was called to order at 7:02 p.m. Present were Mayor Calvo, Mayor Pro Tem Lofgren, CMs Dennison and Wilkinson. CM Ahrens had an excused absence. Also present were Town Administrator Murphy, Clerk Harper, and State Highway Administration (SHA) representatives Brian Young and Claudia Meyer.

1. Mayor

Announcements: There were none.

Calendar: The Council reviewed the calendar. No changes were made.

Minutes: On a motion by CM Wilkinson and second by CM Dennison, the December 7 worksession minutes were approved 4 to 0.

Department reports:  CM Dennison announced that the Berwyn Heights Elementary School (BHES) PTA is holding a book fair this week. The Holiday Decorating Contest will be held December 20 – 23. MPT Lofgren issued a correction: the City of College Park accepts only loose leaves for its composting facility; yard waste in plastic bags is accepted at the Prince George's County mulching facility, which has a de-bagger. The plastic bags sold at the Town office are bio-degradable and less expensive than paper bags. CM Wilkinson said that the Administration Department is preparing for the budget process and continues to refine the Refuse Ordinance.

Mayor Calvo reported that he and CM Dennison attended Senator Paul Pinsky's Town Hall meeting at Riverdale Elementary School. Also present were Delegates Gaines, Healey and Ross, County Councilmembers Olson and Campos, the new District I Commander Daniel Dusseau and Superintendent Hite. There was a good turnout from Berwyn Heights. The focus of discussions was on the future of the Hyattsville Middle School Creative and Performing Arts Program. Last week, a Hispanic adult male in a Honda CRV offered a ride to a 14 year old Berwyn Heights middle schooler while she was on her way to school. The report was filed after she returned from school. However, no action was taken because the Chief was not present. This highlighted the need for a better system of response and notification of the community. The County uses a web-based public safety communication system, Nixle, to send out public safety related e-mail and text messages. Anyone can sign up and receive or send out notices and alerts. This type of system could be useful to notify a large number of residents and schools of incidents such as this.

Citizen comments: There were none.

Kenilworth Avenue/Pontiac Street intersection: Mayor Calvo welcomed SHA Assistant District Engineer Brian Young and Chief for Engineering Systems Claudine Meyer. He said that the Council had a meeting with SHA in July 2009 to discuss the changes that had just been made to the Kenilworth/Pontiac intersection, including the traffic light sequence. The Council would like to discuss the light, which is causing problems on the Berwyn Heights side of the intersection, other concerns, and SHA's plans. Additionally, the Council would like to discuss issues relating to Greenbelt Road.

Mr. Young said that approximately one year ago, SHA received requests from residents to make the intersection safer for pedestrians. Pedestrian traffic has increased with schools open on both sides of Kenilworth Avenue. SHA has developed plans to upgrade the intersection, a copy of which was provided to CM Wilkinson during an informal on-site meeting. The upgrades would include countdown signals, which tell pedestrians how much time they have left to cross the road, handicap accessible ramps and more clearly marked crosswalks. He asked if the Council had concerns about the plan.

Mayor Calvo said that the Town welcomes plans to make the intersection more pedestrian friendly. In addition to school-related foot traffic, many people cross Kenilworth to catch buses or use Greenbelt Park. The Town has some other concerns about the intersection, including:

  • Improving the vehicle traffic flow exiting Berwyn Heights. Vehicles converge on the Kenilworth Intersection from 3 sides: Pontiac Street and North and South Edmonston Road.

  • Repairing and maintaining the section of Pontiac Street between Edmonston Road and Kenilworth Avenue, which is not in the Town of Berwyn Heights. The section belongs to SHA and was not upgraded with the rest of Pontiac Street when it was turned over to Berwyn Heights in the late 1980s.

  • Enforcement of traffic violations in the unincorporated intersection. Neither Berwyn Heights nor Greenbelt has legal authority to ticket traffic violations. County or State police rarely patrol there.

  • New traffic light pattern, which first gives Westchester Park vehicles a green light and then Berwyn Heights. This causes backups in Berwyn Heights during peak hours, especially before school starts, and invites risky driving.

Mayor Calvo outlined possible solutions to these problems.

  • Returning to the old traffic light pattern, which gave both Westchester Park and Berwyn Heights an equally long concurrent green light. This would clear the intersection faster.

  • Adding an outbound lane on the Berwyn Heights side, so that vehicles making a left turn would line up in a separate lane from those going straight. This solution is already in place on the Westchester Park side, and was recommended by the Berwyn Heights Safe Streets Committee.

  • Making it possible for vehicles lined up on Edmonston Road South to access the right turn lane onto Kenilworth Avenue.

Mayor Calvo said that the Town expects to have funds to improve this intersection when it receives the first installment of the Metroland compensation and would like to undertake this project in cooperation with SHA. Further, the Town would like ownership of the unincorporated section of Pontiac Street when renovated, if SHA is agreeable to turning it over. Indeed, the Town would not mind incorporating the entire Kenilworth intersection in order to be able to enforce traffic violations.

Claudine Meyers replied that she has looked up the inventory of SHA roads to determine if any portion of Pontiac Street belongs to SHA. The inventory shows all of Pontiac Street as a municipal road, for which SHA does not have maintenance responsibility. Mayor Calvo repeated that this section is not within Town boundaries, which were set in 1896 before Kenilworth Avenue existed. Ms. Myers said that she will research the ownership of this section of roadway and the feasibility of handing it over to the Town of Berwyn Heights.

Ms. Myers continued that the timing of the traffic signal at the intersection will be re-examined for optimal traffic flow. CM Wilkinson advised performing the examination when school is in session because much congestion is caused by traffic to and from school. Ms. Myers said that the planned pedestrian upgrades are part of the SHA's sidewalk retrofit program. This program aims to improve sidewalks on State roads, and is jointly financed by the State and the affected municipality or county. Mayor Calvo clarified that the Town is more interested in partnering with SHA on constructing another lane for traffic exiting Berwyn Heights. The SHA crosswalk project already appears to be in the pipeline.

Mr. Young said that improvements to the Berwyn Heights intersection could conceivably be made in conjunction with the widening of Kenilworth Avenue. The M-Square developer is obligated to make improvements to intersections along Kenilworth Avenue as part of improving access to the development. Mayor Calvo said that would be an ideal solution. He requested copies of the Kenilworth widening plans. Ms. Myers said she will contact the District 3 access permit engineer to find out where the permitting process stands. Meanwhile, the sidewalk improvements would proceed as planned, and probably completed by the fall of 2010.

MPT Lofgren suggested re-opening a previous access into College Park Estates & Yarrow at Old Calvert Road by adding a right turning lane from Kenilworth Avenue onto Edmonston Road. Currently, there is a sign and hatched yellow lines on the ramp that prohibit right turns. Re-instating the right turn would take pressure off the Berwyn Heights intersection, which most residents of College Park Estates & Yarrow now use to leave and come home. Mr. Young said that he believes a work order to that effect was already issued, based on requests from residents. However, the striping crew may have refreshed the stripes because it didn't know about the change. He will check on it.

CM Dennison expressed doubts whether the proposed crosswalk improvements would make Kenilworth Avenue sufficiently safe. She wondered where pedestrians could stop and wait if they don't have enough time to cross. She also wondered if a red light camera could be put up to make the crosswalks safer. Ms. Myers said that pedestrians could wait on the traffic islands and median strip. SHA does not operate red light cameras. They would be operated by the county. CM Wilkinson asked whether bollards are still planned for the middle strip and whether the section of crosswalk along the Pontiac Street right turn lane would be raised. Ms. Myers said that the bollards are still in the plan. The crosswalk would be at grade with the roadway to preserve drainage.

Mayor Calvo had further questions about Greenbelt Road, including whether SHA could provide:

  • Information on the status of planned upgrades to Greenbelt Road intersections along Berwyn Heights' commercial district, including restoration of a sidewalk along the Metroland entrance and construction of a right turn lane on 62nd Avenue;

  • Procedure for placing speed cameras in Greenbelt Middle school zone on eastbound lane;

  • Clarification of location of the northern border of the Town of Berwyn Heights, which SHA maps place on the north side of Greenbelt Road between 58th and 62nd Avenues. A red light camera at Cherrywood Lane operated by the City of Greenbelt may be in the Town of Berwyn Heights. Also of interest is whether Greenbelt received SHA's permission to operate the Cherrywood Lane red light camera.

Ms. Myers said SHA contractors recently finished re-building the sidewalk along the Metroland entrance. However, the ramps may have to be redone before the barriers will be removed. Mr. Young provided an SHA brochure on the process of applying for setting up speed cameras on a State highway as well as application forms. CM Wilkinson asked that SHA review the light cycle at Cunningham Drive and Greenbelt Road, which took 8 minutes to change when he tried to exit Beltway Plaza. Mayor Calvo thanked Mr. Young and Ms. Myers for discussing Berwyn Heights' concerns.

At 8:35 p.m., the Council took a 10 minute break.

School zone sign plan: TA Murphy said that the Council determined that Berwyn Heights school zones need to have better signage. The speed limits and the times during which they apply need to be posted as does the presence of speed cameras. Signage posted on I-95 at the ICC construction site might be used as a template.

Mayor Calvo said that the Council should see examples of proposed signs to make a decision. Speed camera enforcement must be preceded by one month of issuing warnings during which sign plans can be finalized. The Council also needs to see contracts from different vendors before signing up. TA Murphy said that OptoTraffic has offered to perform a speed survey on Greenbelt Road and to complete an SHA application for operating a speed camera on the State road, which can be paid from future ticket revenue. TA Murphy noted that there does not need to be a flashing light in a school zone for fines to double, only a sign saying that fines double for exceeding the posted speed limit during school hours.

TA Murphy continued that the vendor told him that other municipalities, who have implemented speed camera programs, have set the times during which camera tickets are issued from 6 a.m. to 8 p.m. Mayor Calvo said he believes this to be a violation of State law, which allows municipalities to reduce speed limits in school zones only during school hours. While the Town has discretion in setting school hours, he would define them more narrowly, possibly from 8 a.m. to 5 p.m. MPT Lofgren said that school hours may differ at different schools. CM Wilkinson said that he would prefer to extend school hours later into the evening to cover community center activities. CM Dennison noted that the school has before and after care sessions at the school, which could be included.

Mayor Calvo said that he would not include community center activities. For the January meeting, TA Murphy should present the Council with a school zone sign plan (including photos of existing signage), data on school hours and regular before and after school activities as well as draft contracts from more than one vendor if possible. The Town should seek a contract that does not penalize the Town for stopping the program and includes a speed study for Greenbelt Road and possibly apply for an SHA permit. In case the vendor cannot do this, TA Murphy needs to be authorized to apply for an SHA permit to place a speed camera on Greenbelt Road. CM Dennison so moved. MPT Lofgren seconded. The motion passed 4 to 0.

Refuse Ordinance revision: TA Murphy said that the Council's most recent revisions have not yet been incorporated into the Ordinance. However, he has consulted Town Attorney Shay as to whether the Town can mandate residents to recycle and was told that it may. He also obtained the City of Laurel's recycling ordinance, where recycling is mandatory. Laurel's ordinance imposes a $25 fine for first violations and $100 for subsequent violations. Mayor Calvo said that the Town can only require residents not to mix recyclables with regular trash. He believes that the Town should promote and perform recycling only as long as the County facility will accept recyclables. TA Murphy said that he has confirmed with the County recycling team leader that all materials listed on last year's flier are still accepted for single-stream recycling. CM Wilkinson asked TA Murphy to find out how often game and other dead animals are found in the trash. Based on frequency, Berwyn Heights' ordinance should have a provision on how to deal with that because it is a potential health hazard to Public Works employees

2. Administration

Election schedule: Clerk Harper went over important steps in the election process. Election judges are appointed in January and sworn in at the February Town meeting. Candidates file nomination papers by the first Tuesday in March and a profile for publication in the Bulletin by March 15. The Town holds supplemental registration 30 days prior to the election for residents who vote only in the Town election. At that time, absentee ballots also become available. Candidates may post elections signs 3 weeks prior to the election. A tentative candidates' night has been scheduled for April 21. The election will be held on the first Tuesday in May, this year May 4, in the lower level of the Town Center. The voting is supervised by the election judges, who also tally the votes and present the certified election results to the Mayor. The new Council is sworn in by the Clerk of the District Court at the May Town meeting. TA Murphy added that the Council sets the pay for election judges at the time of their appointment. The chief election judge receives a higher pay than other judges

Mayor Calvo said that he observed the College Park Council election in November. College Park used paper ballots, which could be done in the Berwyn Heights election. It would save approximately $3,000 normally budgeted for the rental and operation of voting machines and produce a paper trail. Voting stations could be set up to ensure that ballots are cast in private. MPT Lofgren and CM Dennison expressed an interest in switching to paper ballots. Mayor Calvo said that a decision would be made in January. Clerk Harper was asked to research what is required to switch to paper ballots.

Surplus property:  TA Murphy said that the Town received a letter from the County announcing that it is selling 3 parcels of surplus property in Berwyn Heights. The first is located at 8902 60th Avenue at the corner of 60th Avenue and Seminole Street. It is for sale for $600. The owner of 8902 60th Avenue has long wanted to purchase this property but was refused. Mayor Calvo said that the owner should be told that it is for sale now. The second property is an alley of 2,100 square feet, located between 5605 and 5607 Berwyn Road and is for sale for $210. TA Murphy did not, at the moment, have the data on the third property.

MPT Lofgren said that the Town has sold surplus Town property to residents before. The properties were not useful to the Town but added to the acreage of residential properties. Thus the Town no longer needed to maintain these pieces of land and also put them back on the tax rolls. Mayor Calvo noted that there are a lot of addresses that own a part of an alley. Sometimes the owners stop paying taxes on them and they revert to the County. Mayor Calvo stated that he is against the Town buying these properties. However, adjoining property owners should be told that they are available. MPT Lofgren agreed. He said, if no one wants to buy them, the County may decide to pass them on to Berwyn Heights at no cost. It would save them the maintenance.

Hyattsville Middle School – Creative & Performing Arts Program: CM Dennison explained that Hyattsville Middle School's Creative & Performing Arts Program is in the process of being evaluated and may be at risk of being cut. This happened to BHES's Music & Technology Program last year. Many BHES students are in the Hyattsville Middle School specialty program and have an interest in seeing it survive. The Education Advisory Committee (EAC) is requesting a letter of support of from the Town Council, the details of which would be worked out between the EAC Chair Beth Brittan Powell, Mayor Calvo and herself. Mayor Calvo added that there is strong support from local elected officials, including Hyattsville's mayor Bill Gardiner, but questionable support from the Board of Education. He believes the Town of Berwyn Heights should lend its formal support to the program. CM Dennison moved to send a letter of support. MPT Lofgren seconded. The motion passed 4 to 0.

Solicitor permit (added item): TA Murphy explained that a vendor of reflective house number signs has applied for a vendor's permit. He represents a Michigan company that produces them and goes door-to-door to pass out fliers. It is the Town Council's responsibility to approve an application for a vendor's permit. CM Wilkinson moved to approve the permit, CM Dennison seconded. The motion passed 3 – 0 – 1 with MPT Lofgren abstaining.

Nothing was discussed under 3. Code Compliance, 4. Parks & Recreation, 5. Public Health & Safety or 6. Public Works 

The meeting was adjourned at 9:50 p.m.

Signed: Kerstin Harper, Town Clerk


Copyright © Town of Berwyn Heights.