Town Meeting

own Meeting Minutes
Town Council Chambers 
May 10, 2023| 7:00 p.m.
Call to Order
Mayor Jodie Kulpa-Eddy called the meeting to order at 6:59PM.  Present were Mayor Pro Tem Chris Brittan-Powell, Councilmember Shinita Hemby, and Councilmember Jason Papanikolas.  Staff present were Interim Town Manager Peter Jones, Town Treasurer Mike Lightfield, and Town Clerk Melanie Friesen.  Also present were students from the University of Maryland from the Campus Community Connections program and residents of the Town of Berwyn Heights.  Councilmember Faustino Menjivar had an excused absence.

Pledge of Allegiance

1. Announcements 
Mayor Kulpa-Eddy excused CM Menjivar.  She wished a Happy 102nd Birthday to long-time resident Howard Johnson.  She read a proclamation declaring May 2023 “Asian American, Native Hawaiian, and Pacific Islander Heritage Month”.

2. Approval of Agenda 
CM Hemby moved to approve the agenda.  MPT Brittan-Powell seconded.  In discussion, CM Papanikolas asked to amend the agenda to include under “New Business” an action item to remove a Berwyn Heights Historical Committee member.  MPT Brittan-Powell also requested to add a resolution on the residential property tax rate under “New Business”.  Mayor Kulpa-Eddy requested tabling the introduction of the Ethics Commission members until the June Town Meeting.  The agenda was unanimously approved as amended. 

3. Public Hearing: 
Mayor Kulpa-Eddy reviewed that all three of the Public Hearings were opened in April and have been held open to allow Council to continue to listen to residents on these issues.  
FY23 Budget Amendments Ord 185-E
Mayor Kulpa-Eddy stated that the State of Maryland requires municipal budgets to be passed by ordinance.  As budgets are amended by unexpected expenses, those changes also need to be passed by ordinance.  The proposed amendments to the Fiscal Year 2023 budget include costs for the search of a permanent Town Manager and the severance pay of the former Town Manager.  The hearing was opened at 7:10pm.  With no public comment, the hearing was closed at 7:12pm.  
FY24 General Fund Ord 187
Mayor Kulpa-Eddy shared highlights of the Fiscal Year 2024 budget, including that the budget as proposed includes a significant deficit that will require the use of approximately two thirds of the Town Reserves to balance the budget.
Resident Paul Kavanagh shared a physical copy of an email he received from the Director of the Environmental Finance Center at the University of Maryland and highlighted that the Town is a Certified Sustainable Community which is a program that is administered by the Environmental Finance Center.  He highlighted that the Environmental Finance Center will offer technical assistance in applying for grants.  He added that there are millions of dollars available if we just ask.  
With no further comments, the hearing closed at 7:17pm. 
FY24 PSTD Ord 188
Mayor Kulpa-Eddy reviewed that the Public Safety Taxing District encompasses the commercial and industrial areas of Town and finances the costs for one police officer.  The FY24 PSTD budget proposes a small property tax increase that was approved by the Commercial District Management Authority.  
The hearing was opened at 7:19pm and with no comments, closed at 7:20pm.  

4. Presentations:
    Campus Community Connections
    Mr. Andrew Fellows, the Campus Community Connections supervisor, shared that this is a capstone project for the students and then gave the time over to the students.  The students introduced themselves and their roles within the project.  The students reviewed the project context which was a request by the Town to have a “Stormwater Dashboard” that tracks and displays stormwater and flood related information.  The students’ goal was to create a webpage that displayed information on best practices, historical data and ArcGIS location using Town provided data as well as other public resources.  After meeting with their Town point of contact and Charlie Griffith from the County the project was revised to create a virtual map through ArcGIS software alongside the report.  This map is capable of filtering layers to show specific data and locations as well as raw data.  Students reviewed the layers of the map which show forested buffers, stormwater ponds in the area, details of rivers and streams, as well as Maryland Department of Transportation National Pollutant Discharge Elimination System conveyances (such as pipes and ditches) and structures (such as manholes, connections, and pumping stations).  They noted that much of the data was found on the State level which is why most of the mapping shows stormwater management practices surrounding Berwyn Heights rather than within Berwyn Heights.  The students also shared possible options for expansion of the project in the future. 
    The students answered questions including what kind of information they would recommend adding to this map.  They noted that the Town is vulnerable to stormwater events and could consider adding a database on historical events as well as Town-specific stormwater management sites.  
    
  Ethics Commission Members
  This presentation was tabled until the June Town meeting.  

5. Consent
MPT Brittan-Powell moved to approve the consent agenda.  CM Papanikolas seconded the motion.  With no discussion the motion passed unanimously.

6. Mayor & Councilmember Reports
Mayor Kulpa-Eddy stated that she had a number of resources she would like to share regarding assistance on residents’ property tax bills at the State and County level.  She highlighted the Homestead Tax Credit; you only need to apply for this once during your time in your home.  The Homeowners Property Tax Credit is not automatically granted, is now available on-line and must be renewed annually with an application deadline of October 1st.  This credit has residency and income requirements.  If you qualify for and receive the State Homeowners Property Tax Credit, you can apply for the Berwyn Heights Homeowners Tax Credit.  Additionally, the County introduced the Elderly Property Tax Credit which is available to residents 65 and over who meet the residency requirements.  This application is also due by October 1st.  Finally, for renters, there is a Renters Tax Credit for those who qualify, which can result in a check of up to $1000 directly from the State.
MPT Brittan-Powell expressed appreciation for all those who came out to celebrate Berwyn Heights Day as well as all the volunteers who made it possible.  He stated that the event could not happen without the volunteers in Town.  He would like to encourage residents to stay, be involved and volunteer next year.  He also asked for continued input on ARPA budget priorities.
CM Hemby also recognized all the volunteers who made Berwyn Heights Day special.  She also thanked the staff, especially the Police Department for escorting Mr. Howard Johnson around for the day.  She highlighted the parade with displays of dance and culture. 
CM Papanikolas shared CM Menjivar’s thanks to Public Works and the Police, as well as interactions with Code Compliance.  
CM Papanikolas expressed that he was glad to see Berwyn Heights Day back to what it was pre-pandemic.  He shared that he was able to interact with County officials who heard stormwater concerns from many in Town.  He shared that the parade was larger and more inclusive.  He spent the rest of the day manning the beer truck.  He thanked all who came out.   

7. Committee Reports
a. Education Advisory Committee: None
b. Green Team: Paul Kavanaugh thanked the Council for the conversation with the owner and developer of the Aldi property, adding that while they are interested in making as much money as they can, Aldi is more sustainable than other conglomerates. He was glad to see they are making the property more accessible for those with physical difficulties.  He added that the Green Team is invested in the County effort to ban plastic bags.  He noted that it is impossible to prevent a parking lot from becoming a heat island without breaking it up with landscaping or a solar canopy.  He encouraged efforts to engage Aldi to install a solar canopy.  
c. Historical Committee: Debby Steele-Snyder shared that they had a wonderful Berwyn Heights Day and were very busy.  They had two new “historical house” magnets to give away.  She added that they are working to get their pamphlets updated and formatted before National Night Out.  She reviewed the BHHC “Meet the Author” event that was in April and are working on a Fall event.  She also encouraged residents to volunteer if they want to see more activities.     
d. Neighborhood Watch/ Emergency Preparedness: Mayor Kulpa-Eddy stated the NW/EP Committee also had a successful Berwyn Heights Day.  They gave away a lot of informational pamphlets and had people signing up for future lifesaving training in CPR and AED.  
e. Recreation Council: CM Papanikolas shared that they had a debrief of Berwyn Heights Day.  He highlighted two outcomes of that debrief, which is to have better signage regarding composting and the possibility of hiring an event coordinator in the future as the event grows.  The summer concert series will begin with a concert on June 1st.  The Town-Wide Yard Sale will be June 17th.

8. Old Business 
a. Ordinance 185-E: FY23 Budget Amendments: 
Mayor Kulpa-Eddy asked for a motion to adopt Ordinance 185-E.  MPT Brittan-Powell moved to adopt the amendments.  CM Papanikolas seconded.  MPT Brittan-Powell asked if the services for the Town Manager search will be concluded in this fiscal year.  Mayor Kulpa-Eddy stated that it is the goal to have a permanent Town Manager on July 1st, but there are variables outside the Council’s control.  With no further discussion, the motion passed unanimously.   

b. Ordinance 187: FY24 General Fund Budget Adoption
Mayor Kulpa-Eddy reviewed that these are the funds that run the general services of the Town, from trash to public safety and administrative needs. MPT Brittan-Powell moved to adopt Ordinance 187.  CM Hemby seconded.  In discussion, MPT Brittan-Powell sought confirmation that the changes requested in the last worksession were included in the budget.  He asked about capital costs for Public Works vehicles.  CM Papanikolas stated that he could not in good conscience vote to approve a budget that has a million-dollar deficit and leaves the Town at financial risk, requiring a future tax increase beyond what some residents could bear, especially during an election year.  He advised returning the planned vehicle purchases to the ARPA budget.  There was discussion regarding how the proposed deficit would change with moving the vehicles back to the ARPA budget, as well as how vehicle purchases fit within the Council accepted guidelines.   MPT Brittan-Powell asked about the election year statement.  CM Papanikolas stated that Council would be hard pressed to raise property taxes 7 or 8 cents during an election.  He added that moving the vehicles to the ARPA budget gives the Council flexibility while still making a significant contribution to stormwater management.  CM Hemby seconded CM Papanikolas’ suggestion, stating that she would rather pay for the vehicles out of ARPA and look for additional grants to fund stormwater practices, adding that there is not going to be a way to make everybody happy.  Mayor Kulpa-Eddy asked TT Lightfield for confirmation that the ARPA budget contains approximately $2.5million and that moving the vehicles would still leave $2.2million in the ARPA budget.  CM Papanikolas reiterated his amendment to not purchase any vehicles out of the FY24 general fund budget but to add them to the ARPA budget.  There was detailed discussion on how the line items would change.  Mayor Kulpa-Eddy seconded the amendment to the budget.  With no further discussion the motion passed 3:1 with MPT Brittan-Powell opposed.   
c. Ordinance 188: FY24 PSTD Budget Adoption
MPT Brittan-Powell moved to adopt Ordinance 188.  CM Hemby seconded.  During discussion Mayor Kulpa-Eddy reminded everyone that the CDMA had already met and approved the changes.  With no further discussion, the motion passed unanimously.  
d. Resolution 03-2023: FY24 Fees and Fines Resolution Adoption
Mayor Kulpa-Eddy reviewed changes to the Fees and Fines Schedule which include changes for some parking and traffic violations under Ordinance 119 and changes to fines under Ordinance 114: “Peace, Order and Nuisances”.  CM Hemby moved to approve Resolution 03-2023.  MPT Brittan-Powell seconded.  With no discussion, the motion passed unanimously.       

9. New Business
a. Action taken on behalf of the BHHC to remove a member who is no longer able to attend meetings (amended agenda item)  
CM Papanikolas reviewed that a long-time member, Hank Becker, of the BHHC is unable to continue attending meetings.  Mr. Becker’s membership on the committee affects their quorum requirements.  Mr. Becker was thanked for his long service.  CM Papanikolas moved to remove Mr. Becker from membership of the Berwyn Heights Historical Committee.  CM Hemby seconded.  With no further discussion, the motion passed unanimously.  

Resolution 4-2023: Establishing the Basis for Setting a Residential Property Tax Rate Conducive to Maintaining the Town’s Fiscal Health (amended agenda item)
MPT Brittan-Powell shared that he feels this resolution is now moot, but that the goal was to hold the Council’s feet to the fire to raise property taxes next year.  TC Friesen read the resolution into the record.  Mayor Kulpa-Eddy stated that she is not comfortable making such a commitment for FY25.  CM Papanikolas expressed concern about tying the hands of a new Council by passing this resolution.  MPT Brittan-Powell removed his request to have the resolution considered.  

10. Resident & Community Comments
Resident Paul Kavanaugh congratulated the achievement that Berwyn Heights Day was also a composting fair.  He added that the Center for Engagement at UMD has recently hired two GIS experts.  He shared that the Center for Assistance to Families (CAF) is also able to provide information on housing assistance in Spanish and English.  He shared briefly on the successes of the CAF.  He added that he liked seeing diverse people celebrating together at Berwyn Heights Day.     
  
10.    Adjournment
CM Hemby moved to adjourn the meeting.  CM Papanikolas seconded.  With no discussion, the motion passed unanimously and the meeting adjourned at 8:56pm.