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town meeting Minutes
march 9, 2011
The meeting was called to order
at 8:00 p.m. Present were Mayor Calvo, Mayor Pro Tem
(MPT) Wilkinson, CMs Ahrens, Dennison, and
Kulpa-Eddy. Also present were Town Administrator
(TA) Murphy, Chief of Police Antolik, Treasurer
Lape, Clerk Harper and citizens.
Mayor Calvo led the Pledge of
Allegiance.
1. Minutes
Clerk Harper read a summary of
the February 9 Town meeting minutes. On a motion by
CM Dennison and second by CM Ahrens, the minutes
were approved 5 to 0.
2. Treasurers Report
Treasurer Lape gave the
Treasurer's report for the month of February.
3. Mayors Report
Mayor Calvo announced that the
Town received the results of the 2010 Census -
American Community Survey, which provides a good
snapshot of the Town's population and the changes
that have occurred since the 2000 Census. The
official population count is 2,997, which is 23
people more than at the last Census taking. Since
then the population has become younger with a median
age of 32.4 years, probably because the elementary
schools draws more families with children. Median
family income is $96,250, with 76% of the population
in the labor force. Residences are 84% owner
occupied and 16% renter occupied, which is up by 2%
since the 2000 Census. Only 2.2% of residences were
vacant at the time of the count, the height of the
foreclosure crisis. In terms of racial makeup, the
Town is still majority white at 68%. But a
significant share of that is made up of Latinos,
whose share of the total population of Berwyn
Heights has grown to 25%. African Americans make up
10%, Asians 5% and other races 13%. In terms of
education, 85% of residents have at least a high
school degree and 40% possess a bachelor or higher
degree.
Mayor Calvo gave an overview of
the FY 2012 proposed budget, which TA Murphy
presented at the last worksession. The overall
operating budget is proposed to decrease by 2% to
$2,324,000 with the real property tax rate remaining
unchanged at 48.6 cents per $100 of assessed value.
Revenues are projected to be virtually flat, with
increases in real property tax revenue and income
tax revenue balancing out the loss in Highway User
Revenues and declines in several other revenue
sources. Expenditures are also flat overall with the
exception of capital expenditures. The budget funds
a new police vehicle and a new trash truck, the
latter being paid for from the vehicle replacement
reserve fund, as well as new doors for the Town
Center. The proposed budget does not provide for a
Cost of Living Adjustment (COLA) but appropriates
$15,000 for merit increases. It also budgets for a
7%-8% increase in FY 2012 health insurance premiums,
which have not yet been confirmed. The saving grace
of this budget is the $84,000 in savings from having
paid off a 1996 infrastructure bond issue, which
makes the Town almost debt free.
Mayor Calvo continued that
there are several important issues to be addressed
in this budget. Long-planned infrastructure repairs
to Seminole and Ruatan Streets, which have been
derailed by the loss of Highway User Revenue, need
to be tackled. He has therefore proposed to raise
the real property tax rate by 2.5 cents per $100 of
assessed value, which would raise $75,000, as well
as the personal property tax rate paid by businesses
to raise an additional $15,000 for a total of
$90,000 that would be dedicated to infrastructure.
In addition, TA Murphy budget adds $40,000 to the
infrastructure reserve, which together with what is
already in the reserve brings the total to $500,000.
However, this would only pay for the most urgent
project. The Council will also have to start
thinking about a plan to resurface other streets in
Town, which are deteriorating.
Another important issue is
staffing in the Public Works Department. Last year,
the Council and the Public Works Director decided to
cut a vacant position. As a result, the Department
has found itself shorthanded and used temporary
labor and overtime to make up for that. The Council
will look at adding the position back to the roster
for the next fiscal year but will also have a
broader discussion about how to best staff the
Department. Lastly, the Council needs to begin
thinking about the future of its facilities. The
proposed budget funds a number of repairs and
upgrades to the Public Works yard. However, in the
long term, the building may need to be replaced. The
Council has begun to discuss building a salt dome,
possibly as joint project with neighboring
municipalities, so that it does not have to depend
on College Park or Greenbelt when a snowstorm hits.
Mayor Calvo concluded that this budget is a little
easier than last year's, mainly because the Town has
paid off its debts. However, the next few years will
not see any increases in revenue, and revenue may in
fact decline after the 2012 reassessment if real
estate prices do not recover.
In other news, Mayor Calvo
reported that, after receiving a presentation on
amending the Greenbelt Metro Area sector plan, the
Council formally requested that Berwyn Heights'
industrial zone along Ballew Avenue be added to the
sector plan. The Council also took formal positions
on proposed State legislation. It decided to support
HB 704, which adjusts the filing deadline for late
payment of income taxes in Prince George's County to
mirror those of Montgomery County. This would reduce
the County's net taxable income and make it eligible
for more State Aid in Education. It also supported
SB 545, which authorizes municipalities to publish
legal notices electronically rather than in a
newspaper of record. Lastly, the Council supported
HB 906, which sets new standards for efficiency and
fair market value for streetlights, which would make
it easier for municipalities to purchase
streetlights.
Mayor Calvo further reported
that County Executive Rushern Baker attended the
last Four Cities meeting, that Governor O'Malley's
budget includes a $94 million cut in education
funding, which has a spillover effect on Prince
George's County. Legislation has been introduced,
supported by MML, which would set up a firewall
between the State transportation trust fund and the
general budget so that in the future, transportation
funds cannot be used to fund the State's operating
budget. Corresponding legislation proposes to
increase or index the gas tax and vehicle
registration fees to replenish the now depleted
transportation trust fund. Lastly, Mayor Calvo
extended condolences to BHES 4th grade teacher Ellen
Bastio and her husband on the loss of their 2-month
old baby to SIDS. He, CM Dennison and many members
of the school community attended the memorial.
4. Department Reports
Administration:
CM Kulpa-Eddy reported that the Administration
Department is busy with the budget. Revenue
collection is on target, with 81% of FY 2011 revenue
collected to date. Residents were reminded to keep
their porch lights on at night to discourage crime.
Code Compliance:
CM Ahrens commented that the 1970 Census showed
Berwyn Heights to be 97% white. The Town was
featured in the Washington Post as the most white
community in Prince George's County. In 1972, the
Town's elementary school was targeted for busing,
which resulted in many parents sending their
children to private schools. When he took a
sabbatical leave in 1973, a mixed-race family from
England moved into his home. Their children were
among the first to integrate the school. However,
they were not allowed to use the Berwyn swimming
pool on Branchville Road, where the Ahrens family
held a membership. Since then the racial makeup and
attitudes in Berwyn Heights have changed
substantially.
CM Ahrens reminded residents
that they need permits for many home improvement
construction projects and for placing a dumpster
into their yard or in the street. The focus of the
Code Department was on working more closely with
Public Works in enforcing trash and litter
violations.
Parks and Recreation,
Education and Civic Affairs: CM Dennison
suggested that the Historical Committee interview CM
Ahrens as part of its oral history program. She
reported that the Recreation Council budget has an
increase in the Recreation Council events
appropriation due to the Historical Committee event
funds having been absorbed there. The equipment
appropriation also increased to help fund the
construction of a Boys & Girls Club shed at the
Pontiac Street ball fields. The Boys & Girls Club is
currently holding registrations for baseball,
softball and T-ball. Interested families should
contact Baseball Commissioner Kathy Schuster.
The focus of CM Dennison's
activities in the last month has been on education
issues, as she accompanied parents and teachers to
protest some of the proposed cuts in the PGCPS
budget at school board hearing. The Recreation
Council continues to plan Berwyn Heights Day and
needs more volunteers. Volunteer Mary Reese is
already working with elementary school children on
another art exhibit to take place at the pancake
breakfast. The Karate Club held a tournament and
awarded a spirit trophy to Abby Reznick. The
Historical Committee's Presidents' Day event was a
great success and featured the opening of a small
museum and a presentation on the architectural
history of Berwyn Heights.
Public Health and Safety:
Chief Antolik gave the police activities report for
the Month of February. He said that Officer Krouse
graduated from Maryland Police Training Commission
and is now receiving field training. There were 7
Part I offenses in February, as opposed to the 5
year average of 8. Speed camera citations for
February numbered 571, of which 465 have not yet
been paid. Last week, Berwyn Heights police assisted
Prince George's County Police in apprehending a
suspect who may have been responsible for some of
the burglaries that have occurred in Berwyn Heights.
He is also believed to be responsible for at least
12 burglaries in Greenbelt.
MPT Wilkinson asked how many
appeals to speed camera tickets there were in
January. Chief Antolik said he would need to check
on that. However, when Sergeant Moroney went to
Court for a day of appeals last month only 5 persons
appeared. Mayor Calvo commented that the Town may
want to consider amending the Speed Camera Ordinance
and fine schedule to add a provision that would
double the fine if it is not paid and ultimately
flag the driver's license so that it cannot be
renewed. This is already the case with parking
tickets and other fines.
CM Dennison asked if the
dispatch is tied into residential and commercial
burglar alarms. Chief Antolik said burglar alarms
are tied into the County dispatch system, which then
notifies Berwyn Heights Police to respond. If there
are multiple burglar alarm systems ringing, the
calls may be stacked and will be answered by the
dispatchers in the order in which they were
received. Thus there may be a delay in the response
to a burglar alarm. CM Ahrens asked how police
respond to the activation of a home security system
when nobody is home. Chief Antolik said that the
home security company would first try to contact the
residence in which the alarm went off. If they can't
reach the resident, then they will call the police
dispatch. Then police will respond and wait outside
to see if someone is home to let them know what
happened. If nobody is home, police will call in
reinforcements and respond expecting the unexpected.
If there are multiple false alarms, police may levy
a fine.
MPT Wilkinson asked if the
problems with the County's non-emergency dispatch
system have been solved. Chief Antolik replied that
there continue to be problems with delays. He will
ask Prince George's Police management to address the
problem.
Public Works: MPT
Wilkinson commented that he entered school in 1974
when Prince George's Schools began to be
desegregated. He believes that it made a big
difference in his life and in his interaction with
people of other races. He and 2 of his 11 siblings
are in a cross-cultural marriage. MPT Wilkinson
reported that, with the recognition that Public
Works has been shorthanded, staffing shortcomings
would be addressed in the FY 2012 budget. Public
Works continues to work closely with the Code
Compliance Department in enforcing new trash
disposal and recycling regulations.
5. Committee Reports
Education Advisory
Committee: Reported under Department
Reports.
Historical Committee:
Reported under Department Reports.
Neighborhood Watch/Emergency
Preparedness: CM Kulpa-Eddy reported that the last
NW/EP meeting was a CPR training class in Bowie. The
class was attended by 15 people, including NW/EP
members, Town employees and residents.
Recreation Council:
Reported under Department Reports.
6. Unfinished Business
Noise Ordinance No. 153 -
2nd Reading and Adoption: Clerk Harper read
the adopting language of the Ordinance. MPT
Wilkinson moved to adopt it. CM Kulpa-Eddy seconded.
Mayor Calvo said that the Ordinance has an important
preamble, which enjoins residents to reach out to
their neighbors on a person-to-person basis to
resolve noise problems before taking a complaint to
the Town government. The goal of the Ordinance is to
establish an objective, measurable standard on the
basis of which code and police officers can enforce
noise violations. The standard is derived from the
State noise standard and sets a noise limit of 65
dBA during daytime and 55 dBA during nighttime.
However, the ordinance also provides for a number of
exceptions including loud noises related to the
upkeep of homes and yards, such as lawn mowers,
chain saws as well as noises related to emergency
operations.
At the last worksession, the
Council approved revisions proposed by CM
Kulpa-Eddy, which simplify and scale back a list of
possible noise violations in Section 6 to focus on
those that are the most common, including amplified
sound, yelling and shouting, sustained barking or
screeching of birds and unnecessary vehicle noises.
Enforcement of noise violations always begins with a
warning, which may be followed by other warnings at
the discretion of the enforcing official, or with
fairly modest fines of $15 or $25. As always, any
violation can be appealed to the Town Council or the
District Court. Mayor Calvo noted that resident Joan
Hayden called in to urge the Council to vote the
Ordinance down.
Councilmembers commented on the
Ordinance. MPT Wilkinson said that the Ordinance has
been greatly improved since it was introduced,
thanks largely to the efforts of CM Kulpa-Eddy, who
has gone through it with a fine-tooth comb. CM
Ahrens said that he has turned from initially
supporting the Ordinance to opposing it. One turning
point was a conversation with a former
councilmember, who informed him that noise
ordinances had come up before but were always voted
down. Former councils were of the opinion that noise
is too subjective to enforce effectively. Instead,
residents were encouraged to talk to their neighbors
about noises that bother them. CM Ahrens also
researched the history of noise ordinances and found
that, often, noise ordinances are just anti-music.
Finally, the testimony of residents at the January
hearing, mostly opposed to the Ordinance,
strengthened his determination to vote against the
Ordinance. While a majority of the Council supports
the Noise Ordinance, he believes his vote against it
has a value because it shows that the Council and
the community are divided over the issue. CM
Dennison commented that she likes the preamble added
by CM Wilkinson, which encourages neighbors to work
noise problems out amongst themselves, and she
supports the objective noise standards in the form
of decibel limits. However, she has a number of
concerns, including the possibility that residents
may use the statute to carry out vendettas against
neighbors they don't like. She also objects to dogs
barking being included as a potentially prohibited
activity. Overall, she is conflicted and would like
to have more data about how often noise violations
occur before voting on the Ordinance.
Mayor Calvo said he thinks it
is a good idea to ask the Code Department to report
noise violations and include them in a monthly
report. If it turns out that the Ordinance generates
too many violations and complaints, the Council
would reign in enforcement or revisit the Ordinance,
as is the case with any ordinance or regulation the
Council adopts. CM Kulpa-Eddy said that she believes
the Ordinance is useful in that it incorporates
State noise standards that can actually be enforced
on a local level. It gives the Town tools to resolve
noise problems that cannot be solved on a neighborly
basis. If the Ordinance turns out to be overused she
would support revising it. Mayor Calvo commented
that he takes things that negatively affect the
security, health, peace and privacy of Town
residents very seriously. Noise problems can and
have negatively impacted the peace and privacy of
residents. Unfortunately, there are residents who
are not considerate. In those cases, the Town should
have the ability to step in. He, too, would want to
revisit the Ordinance if the enforcement of noise
violations becomes excessive. However, while not
perfect, he thinks this is a good piece of
legislation made better by CM Kulpa-Eddy's and MPT
Wilkinson's revisions.
The Ordinance was approved 3 to
2, with CMs Ahrens and Dennison opposed.
7. New Business
Resolution 1-2011
Ordinance No. 153 Fine Schedule: Clerk
Harper read the Resolution. MPT Wilkinson moved to
adopt it. CM Kulpa-Eddy seconded. Mayor Calvo said
that this Resolution would enact the fine schedule
for the Noise Ordinance. However, there is a problem
with Section 1 that needs to be fixed. It states
that the violator will be issued a warning notice
for the first violation and a $25 fine for each
subsequent violation. This is in conflict with
Section 9 Enforcement of the Ordinance, which
states that the violator may be issued a second
warning at the discretion of the enforcing Code
Compliance official. In addition, a provision
mandating a $25 fine for a noise violation up to 10
dBA over the noise limit and a $50 fine for a
violation more than 10 dBA over the noise limit also
needs to be rewritten. Mayor Calvo asked for a
motion to postpone adoption to the next Town
meeting. CM Dennison so moved. CM Kulpa-Eddy
seconded. The motion passed 5 to 0.
8. Citizens Discussion
CM Kulpa-Eddy thanked Tom
Hayden for giving his time and expertise to put on
the CPR training that the NW/EP provided at the
March meeting.
The meeting was adjourned at
9:50 p.m.
Signed:
Kerstin Harper, Town Clerk
Copyright © Town of Berwyn Heights.
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