Worksession Minutes
January 11, 2010

The meeting was called to order at 7:04 p.m. Present were Mayor Calvo, Mayor Pro Tem Lofgren, CMs Ahrens, Dennison and Wilkinson. Also present were Town Administrator Murphy, Clerk Harper, and Gazette Reporter Jordan Attebury.

1. Mayor

Announcements: There were none.

Calendar: A District 22 and PGCMA legislative receptions were added for January 18. PGCMA meetings were added for January 21 in Greenbelt and February 18 in Berwyn Heights.

Minutes: On a motion by CM Ahrens and second by Wilkinson, the December 15 worksession minutes were approved 4 to 0. The December 9 Town meeting minutes were corrected for approval at the January 13 Town meeting.

Department reports:  Mayor Calvo announced that he will give a State of the Town address at the January Town meeting. The main topic will be the re-assessment of real property. Mayor Calvo reported that he discussed with Chief Murphy his planned retirement in September 2010. Chief Murphy offered to help the Council with finding a replacement, a process that should begin in spring. Further, TA Murphy made available the 6 months actuals to councilmembers and department directors, on which projections of expenses for the remainder of this fiscal year will be based. The projections will be especially important for this year's budget process in view of declining tax revenues.

CM Wilkinson reported that the Administration Department is preparing for the budget process. MPT Lofgren reported that a 3-men crew worked through the night to plow snow in the recent storm. The salt mix used was provided free by the County but consists mostly of sand and is therefore not very effective. He has received information on the types of road salts commonly used and the temperatures at which they work best. One of the Public Works trucks has a broken transmission, costing between $4,000 and $5,000 to repair.

CM Dennison reported that the Holiday Decorating Contest was judged by Delegate Ross and family. Winners will be announced at the Town meeting. At the last Recreation Council meeting the budget and Berwyn Heights Day were discussed. The date for the next Talent Show at Berwyn Heights Elementary School was set for March 19, 7 p.m. Senator Paul Pinsky will attend the upcoming Education Advisory Committee meeting on January 14. Prince George's County Public Schools (PGCPS) released the FY 2011 draft budget, which is available online. CM Ahrens reported that the Code Department spent most of its time with rental license renewals and rental inspections and collected $425 in fees and fines.

Mayor Calvo said that he and the Council received many comments on a code matter, in which the County was called in to require resident Pat Brown on Natasha Drive to get rid of a pot-bellied pig kept as a pet. The incident apparently resulted from a squabble with Ms. Brown's tenant and was widely covered by the media. Appeals were made to representatives, including Tom Dernoga and Eric Olson, who are monitoring the case. The case is being reviewed by the County and will probably be decided in Ms. Brown's favor.

Citizens comments: Mayor Calvo received a call about a case of domestic abuse, which was followed up by Berwyn Heights police. He also received many comments on taxes, real property re-assessment, and snow removal. He reported that Chief Murphy signed up for Nixle, the County's emergency notification system. Chief Murphy plans to use it for public safety alerts. CM Dennison received complaints about snow being plowed into already cleared driveways, as well as a thank you from an elderly resident to Public Works for clearing her driveway. She also received a comment on the dilapidated status of Seminole Street. CM Wilkinson received comments on snow removal, including snow removal on sidewalks, and Gwendolyn, the pet pig.

Real property assessments: Mayor Calvo said that the Town has not received its official notice on the reassessment. But last week he learned from an official at the Department of Assessment & Taxation (MDAT) that the total assessed value of residential and commercial properties in Berwyn Heights has declined by 27.5%. Currently, the total assessed value is $417 million. When homestead tax credits of $101 million are subtracted, this results in a taxable base of $316 million. Next year, the total assessed property value will be only $305 million. After subtracting homestead tax credits of $6 million, this will result in a taxable base of $299 million. With a decline in the taxable base of only 6%, or 17 million, the loss in property tax revenues in the first year after the reassessment will be approximately $93,000. In the 2nd year, Mayor Calvo projects an increase in tax revenue of $29,000 and, in the 3rd year, no increase or decrease.

Mayor Calvo continued that from talking to a number of residents he believes that residential properties make up the bulk of the 27.5% decline in property values while commercial properties remained fairly stable. This means that revenues collected from Berwyn Heights' commercial district, including the Public Safety Taxing District revenues, will remain largely unchanged. The decline in residential assessments will affect the rental properties first. Their taxes will decline by almost 1/3 because they paid the full amount of taxes on the previous rise in property values. On the other hand, resident owners will continue to see property tax increases until their homestead tax credit is used up. Some relief will be had from Park & Planning taxes, which are not subject to a homestead tax credit, and will decline by the full amount.

Mayor Calvo said that the decline in property tax revenues will, in part, be offset by a decline in debt payments. In FY 2011, the infrastructure bond, which has been on the books since 1996, will be paid off. Other pieces of the budget picture remain uncertain. Highway User Revenues (HUR) may or may not be restored to municipalities and income taxes are not likely to go up. The Town is faced with having to make cuts in services to adjust to the lower revenue environment. His first choice is to reduce trash collection from twice to once a week and save around $40,000 in temporary workers salaries. Another possibility might be to lay off a police officer, which would, however, be problematic for maintaining the Public Safety Taxing District. Another possibility is to pull money out of the surplus to make up the revenue shortfall. However, the Town has relied on the surplus to bring more vehicles into the vehicle replacement fund. In FY 2011, the Town will probably have to purchase new Public Works dump truck, which the Council postponed last year. The Town has instituted a practice of financing capital needs with surplus money but not operating needs. Spending one-time revenues on ongoing operations is bad policy and something he is reluctant to return to.

Public Works equipment status: MPT Lofgren said that last week Public Works lost the use of the oldest of its 3 trash trucks when the transmission broke while at Brown Station Landfill. The truck had to be towed to a repair shop with trash still on board because it could not be left at the landfill. The repairs cost $4,500. The Town has saved up for the purchase of a new trash truck in its vehicle replacement fund for FY 2011 at an estimated cost of $140,000. TA Murphy added the cost of the new trash truck depends on its size and type of compactor. If the Town is switching to once a week pick-up, it will need a larger trash truck. It also may need a mechanical lift to pick up heavier trash cans. A 32 cubic ton rear-loading trash truck with lift is estimated to cost $180,000.

Mayor Calvo explained that the vehicle replacement fund covers 13 vehicles making up the Public Works Department fleet, including 3 trash trucks. When a vehicle needs to be replaced the Council programs the purchase by setting aside a portion of the purchase price each year, e.g. the purchase price divided by the expected years of service. In the case of the dump truck this amounts to $9.000 a year for 10 years. In the case of the trash truck this amounts to $28,000 per year or $140,000 every 5 years with a useful life of 15 years. In practice, the Council has purchased the new vehicle with money taken from the surplus. At the same time, funds equal to 1/15 or 1/10 of the purchase price, depending on the type of vehicle, are taken from the operating budget and put into the vehicle replacement fund for the next purchase. Eventually the Town will have its entire fleet online and will not have to worry about financing a new vehicle. The Town is very close to that point now.

MPT Lofgren said that vehicle replacement programs are a very good thing. Many counties and other cities have them because they replace vehicles as well as other expensive equipment in an orderly fashion and save money in the long run. Previous councils on which he served have tried to establish one but without success. Director Coleman has made the replacement of a 1997 medium dump truck a priority. It is the only truck that can pull the new, larger leaf-collecting machine and is also used for salt spreading and snow plowing. The corrosive melting salt is hard on the equipment, which is why the Public Works crew stores spreaders and salt inside under a heater to keep it dry. Mayor Calvo said that Public Works may want to try the newer types of melting agents that work better at colder temperatures.

At 8:23 p.m., the Council took a 10 minute break.

Refuse Ordinance revision: TA Murphy briefed the Council on the latest changes he made to the Ordinance. In Section 2 – Definitions, bamboo was pulled out of the definition for household waste and defined separately. Electrical wiring and HVAC equipment was added to the definition of building and construction materials. A separate definition for total house clean-outs was added. The Town will abate at owner's cost if there are no prior arrangements. However, there is a 4-hour window in which a tenant, who is turned out by his landlord, may remove his belongings from the yard, and a 72-hour window if there is a mortgager court order eviction. A definition for fish and game carcasses was added, which are discarded on a regular basis during fishing and hunting seasons. These items must now be enclosed in a tightly sealed, heavy-duty plastic bag. The definition for Motor Vehicle Parts was changed to include Motor Vehicles and Accessories. The definition for Recyclable Materials was expanded to include HDPE and PET plastics. The definition for Recycling Receptacle was changed to emphasize that such containers are only to be used for recyclables, not other refuse. The definition for Special Collection Materials was changed to Special Bulk Refuse Collection Materials for clarification.

TA Murphy continued that former Sections 3 and 4 were consolidated into a new Section 3 – Refuse Collection Schedule, which establishes 3 categories of refuse disposal procedures.

• Category A includes all refuse picked up according to a regular weekly schedule, e.g. household refuse, recyclables, yard waste and bamboo, bulk refuse and electronics, loose leaves.

• Category B comprises all refuse, the collection of which requires special arrangements, such as 1) pre-payment and scheduling through the Town Office (appliances and tires); 2) pre-payment and scheduling through the Public Works Departments (minor home repair and remodeling waste, motor vehicle parts and special bulk refuse collection materials); and 3) pre-payment and scheduling through the Code Department (clean-outs).

• Category C includes refuse, the disposal of which is the responsibility of the property owner (building and remodeling materials and debris, clean-outs, imported waste, and pressured containers).

In Section 5 – Duties of the Property Owners and Occupants, a provision was added mandating that all trash be stored and set out at the curb in containers with a tight fitting lid. The proper disposal of bamboo is explained in a separate sub-section rather than as part of household waste. A new sub-section assigns the responsibility for removal of house clean-outs to tenants, landlords, property owners and mortgage holders. If clean-outs are set out at the curb or in the yard without prior arrangements with the Town, the Town will remove the items and bill the owner. A new sub-section was added to explain how fish and game carcasses should be discarded, e.g. in a sealed plastic bag as part of regular household waste. Sub-section K elaborates on how loose leaves should be discarded. It assigns property owners the responsibility for keeping storm water drains free of litter and debris, because new legislation requires municipalities to enforce violations. Sub-section L spells out that owners or tenants must contact Public Works to schedule the pickup of motor vehicle parts and pay a fee. Sub-section N mandates recycling and how it is to be discarded, e.g. in designated recycling containers or cardboard boxes.

In Section 9 – Enforcement was modeled on the Clean Lot Ordinance where Code, Police and other Town officials can issue notices. However, the notification process remains as is, with a “sorry notice” usually handed out by the collection crew when they find refuse that is not acceptable. If the violation is not corrected and the refuse remains at the curb, a “warning notice” and then finally a “violation notice” is issued by the Code Department.

In Section 10 – Violations, Fines and Abatement, compliance periods were shortened. The compliance period between issuance of a warning notice and a fine notice was left at 24 hours. However, if the fine is not paid after 10 days (formerly 30 days), a lien is placed on the property. Abatement of serious refuse violations at owners expense can be undertaken 24 hours (formerly 48 hours) after an abatement warning notice has been issued. Sub-section E adds a provision on repeat violations, which can be fined or abated immediately. If repeat violation fines are not paid within 10 days (formerly 30 days) from receipt of notice, a lien can be placed on the property.

Mayor Calvo commented that the most important changes are in the Sections 9 and 10, in which the enforcement process has been tightened. He disagreed with authorizing all Town officials to issue refuse violation notices. Currently, code officials are authorized to send out code notices. Other employees, such as Public Works employees, might be designated to do so. Mayor Calvo further noted that a “sorry notice” appears to be same as a “warning notice,” stating essentially that a particular kind of refuse placed at the curb violates disposal rules and may engender a fine if not corrected. After leaving such notices, Public Works nonetheless collects the refuse to prevent illegal dumping. Refuse collected by appointment would follow a different process.

Mayor Calvo proposed a process whereby Public Works crewmen document refuse violations (with a photo), pick the refuse up, leave a violation notice of some sort (door hanger) and report it to the Code Department. If it is a first-time offense, the Code Department, sends a letter to the home owner explaining the violation, what should be done about it, and warning of future fines. That letter should go out as fast as possible. If it is a repeat offense, the letter sent should contain a fine notice. For such general household trash offenses as disposing recyclables with regular trash or not properly storing trash in bins, however, fines should be modest to begin with, possibly in the $10 - to $15 range, and then increase if the violations continue. Furthermore, the focus should be on egregious violations to avoid a situation where half the Town is cited for trash violations.

A different notification process would apply for refuse that is not taken, requires a pick-up appointment or consultation with the Public Works Department. This would include such items as building materials, motor vehicle parts or appliances. CM Wilkinson said that, in his experience, a “sorry notice” is left when refuse is not taken. A notice regarding refuse not taken should have a concise list of things not taken and ask the home owner to dispose of it or call Public Works for advice. MPT Lofgren said that the initial notice often does not get to the owner or responsible tenant, if it is left with the trash pile or at the door. The Code Department needs to track the violation and follow up. TA Murphy said that, to follow up, the Code Department sends a formal warning or fine notice to the home owner or landlord via certified mail at $5.42 per mailing. Additionally, home owners can be notified by a method of their choice, such as e-mail or phone. Mayor Calvo asked if warnings need to be sent by certified mail. The cost of notification should not exceed the receipts in fines. MPT Lofgren suggested using the cheaper delivery confirmation receipt. TA Murphy was asked to look into it.

CM Dennison commented that residents will be confused by the rules about cardboard boxes. They are allowed as containers for recyclables and can be set out on recycling day. However, boxes may not be set out for regular trash pick-up. MPT Lofgren said that regulations require that cardboard boxes must be flattened for recycling, which contradicts the permission to use cardboard boxes as recycling containers. CM Dennison said that she is concerned about fining residents for loose leaves getting into storm drains because it may happen inadvertently. Mayor Calvo said that fines should only be issued when leaf piles are raked into the street. MPT Lofgren commented that the Town should maximize loose-leaf collection, which saves money because loose leaves can be taken to the nearby College Park composting facility rather than Upper Marlboro. Perhaps College Park can be asked to keep their facility open longer. TA Murphy said that residents should also strive to keep acorns out of leaf piles because they can damage the leaf machine. Mayor Calvo said that residents should not be asked to pick acorns out of their leaf piles. CM Wilkinson commented that he does not understand why residents are no longer allowed to deposit trash bags at the curb for collection if they are properly sealed. TA Murphy said that it leaves them exposed to the weather and to animals tearing them open and scattering the contents. CM Wilkinson further asked why paper trash bags are not allowed for the disposal of leaves and yard waste. TA Murphy said that they get soggy and can break when it rains. CM Wilkinson moved to permit paper bags. Mayor Calvo seconded. The motion passed 5 to 0.

Mayor Calvo asked TA Murphy to revise the violation notification process. The revised Ordinance should be ready for introduction at the February Town meeting.

School zone sign plan: TA Murphy explained a draft school zone sign plan for Edmonston Road and Pontiac Street, which included several different sign formats and placement of the signs. The Council approved a sign announcing School Zone at the top, Speed Limit 25 (15) underneath it, and Photo Enforced at the bottom. Each announcement will be on a different color background. A skinny and wide version of the sign was approved depending on location. On northbound Edmonston Road, a large School Zone/Speed Limit/Photo Enforced sign is to be placed at the intersection with Pontiac Street, a skinny sign in the middle of the 8700 block, and another skinny sign after the intersection with Tecumseh Place. An End of School Zone sign will be posted at the intersection with Seminole Street. On south-bound Edmonston Road, starting at Seminole Street, a skinny sign is be posted at the beginning of the 8800 block and another at the beginning of the 8700 block so that it is visible to drivers turning onto Edmonston Road from Tecumseh Place. An End of School Zone sign will be posted after the intersection with Pontiac Street at the beginning of the 8600 block of Edmonston Road.

On east-bound Pontiac Street, a sign reading Notice/School Zone Ahead/Speed Limit 25/Photo Enforced is to be posted on the approach to the 58th Avenue intersection. After the 60th Avenue intersection, the current school zone signs in the 6200 block are to replaced with School Zone/Speed Limit 15, 8 am – 5 pm/Photo Enforced signs. Likewise, on westbound Pontiac Street, the current 15 mph school zone signs in the 6300 and 6200 block are to be replaced with the new signs. As the new sign would have to be custom-made, the cost for all new signs will be approximately $1,500.

Census questionnaire assistance center: TA Murphy explained that the Census Bureau is trying to find locations for Census questionnaire assistance centers (QAC) in Prince George's County communities to improve citizen response rates. In the 2000 Census, the response rate to the questionnaire was only 60%. He advised the Census representative that the Berwyn Heights Community Center would be a better location and spoke with Community Center Director Christy Irving on how to proceed. The proposal needs to be approved by M-NCPPC Administrators. The Council is requested to permit operation of an assistance center in the Town Office should M-NCPPC decline. CM Dennison so moved. CM Ahrens seconded.  The motion passed 5 to 0.

Nothing was discussed under 2. Code Compliance or 3. Parks & Recreation.

4. Administration

Bulletin cover: The following items were approved for the cover of the February Bulletin: Theme - Town Council election; announcements of candidate filing deadline, Talent Show volunteers needed and Census count coming (also in Spanish); jumps to tax filing information, Presidents Day trash schedule, snow removal information and scholarship information.

Four Cities agenda: Postponed to January 21 worksession.

Nothing was discussed under 5. Public Health & Safety or 6. Public Works.

The meeting was adjourned at 10:05 p.m.

Signed: Kerstin Harper, Town Clerk

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