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04/12/2007 Town Meeting
April 12, 2007 Town Meeting
1
Town of Cheverly
Meeting Minutes
April 12, 2007

Call to Order
Mayor Mosley called the meeting to order at 8:00 p.m. in the Cheverly Community Center.  There were 6 citizens in attendance.  

In attendance:  Mr. Warrington, Attorney Colaresi, Chief Robshaw, CMs Oslik, Watson, Schachter, Ford and Callahan.

Pledge of Allegiance

Agenda/Approval/Changes
Mayor Mosley added that County Councilmember Harrington might come to the meeting.  If he does not, a discussion on the Hospital will be added.  He will also address the Concrete Batching Plant.  The farewell to CM Oslik may be moved up.

Minutes - Town Meeting – 3/8/07
Approved as written.
Minutes – Worksession – 3/22/07
Approved as written.
Town Administrators Report
Mr. Warrington reported that residents could now contact Public Works to arrange for mulch deliveries.  The Police Department has a new telephone number: 301/341-1055.

CM Oslik asked for an update on the Planning Board request on the Green Strategy.  Mr. Warrington responded that a letter has been sent to the Planning Board and he met with Mr. Guest to discuss some of Park and Planning’s requirements.  He will forward a copy to the Council.

CM Watson thanked Mr. Warrington and Mr. Torres for the completion of the pathway lighting project and asked about streetlight repair starts.  Mr. Warrington responded that the only update to the PEPCO issue is that three (3) more lights were added to the list.

Mayor Mosley recommended adding this item to the Worksession agenda.

CM Oslik recommended inviting a PEPCO representative to attend the Worksession.  Mayor Mosley recommended inviting a PEPCO representative to a future Town meeting.

CM Callahan asked whether a discussion on the Hospital could be added to the agenda.  Mayor Mosley responded that if County Councilmember Harrington does not arrive within the first 45 minutes of the meeting and time allows she will add it to the agenda.

Police Department Report
Chief Robshaw thanked everyone who attended the Police Station Open House.  In the past month there have been five (5) burglaries, some ending in arrest.  The two that concern him are instances where homeowners left their door unlocked.  He suggested that homeowners who chose to leave a door unlocked should stay close to the door.
He announced a Lookout for a black male, late 40’s, 5’10”, 160 lbs., with black hair who goes by the name of Pepe.  He is believed to be homeless and living in a wooded area near Cheverly.  The Police are ready to charge him with 10 counts of theft from autos.

He gave the report for March (attached to original of minutes).  The arrest rate is 70%.  
The Women’s Self Defense Class is April 21 and 45 participants are registered.  An advanced class will be held sometime in the fall.  The Department’s staff is at full compliment.  A resident got 10 years in jail for robbing another resident.

Mayor Mosley thanked Chief Robshaw for contributions to the success of the new Station.
PROCLAMATION – Recognizing Brendan Harder, Eagle Scout
Mayor Mosley read the Proclamation (attached to original of the minutes).

Brendan Harder thanked everyone for their supporting.
Mayor and Council Announcements
Mayor Mosley announced that when the new Police Station opened, they had to get a new telephone number.  The Women’s Club is sponsoring the rededication of Pinkey’s Park and a Peace Garden is going to be dedicated on May 5 at 10:00 AM.  The Cheverly Day dance is on May 18, and Cheverly Day is on May 19.  Elections are on May 7, and the Women’s’ Club is sponsoring a Candidates Forum on April 25 in the Community Center at 7:00 PM.  A recent Gazette article featured the Town Elections but was totally inaccurate.  Candidates are as follows:

Position        Name
Mayor   Mosley
Ward 1  Callahan (Hoffman was listed as running)
Ward 2  Watson
Ward 3  RJ Eldridge and Joel Gagliardi (mistakenly listed as opposing candidates for CM Schachter's seat)
Ward 4  Schachter
Ward 5  no candidate
Ward 6  Ford

County Councilmember Harrington is hosting a Forum at the Sports and Learning Center at 10 AM on April 14.  

§       CM Watson moved to excuse CM Oladele.  Seconded by CM Callahan.  Unanimously approved.

CM Callahan summarized the meeting he had with the Public Safety Department regarding the location of the proposed public safety tower on Tremont Avenue.  Deputy Director McBride from Public Safety attended along with eight citizens.  Currently, the water tower is there and the public safety tower would be taller than the water tower, and not lit.  A higher location by Hospital Hill is available but not being considered because it would put the tower within the flight pattern of hospital helicopters.  Deputy Director McBride is meeting with the FAA to get clarity around the safety of the Tremont Avenue location.  Deputy Director McBride expressed an interest in attending the Worksession.  CM Callahan stated that he would also like a WSSC representative to attend the next Worksession.  He believes hat WSSC would remove the current water tower and Verizon tower (putting the Verizon tower on the public safety tower).  He believes no zoning variances were required but is going to investigate to be sure.  CM Callahan asked Mr. Warrington to investigate also.  Deputy Director McBride apologized for not coming to Cheverly during the planning process.

A report from Public Safety and WSSC on the Public Safety Tower was added to the Worksession agenda.

CM Callahan added that fiscally, the changes in the location and engineering of the tower could cost $1M.  However, he does not believe the cost will be so high because it is still early in the planning process.

Mayor Mosley stated that the Budget and CIP would not be discussed at this meeting due to a number of revisions currently underway.  It will be presented at the Worksession.

Worksession Agenda: Budget and CIP; special Worksession in April, vehicle exception for 6504 Cedar Street, tax incremental financing on The Point at Cheverly; Verizon Cable Franchise agreement (may not be discussed); economic development with Mosaic Printers; update and discussion on possible land acquisition; radio tower and WSSC issue; June convention.

Committee Reports

Recreation Council
CM Watson announced that the Flea Market is April 14.  Proceeds go toward the Scholarship Fund.  There are no tables left.  

Cheverly Day
CM Watson announced the Cheverly Day Dance is on May 18.  Tickets can be purchased at the Town office or via cheverlyday.com.   Tickets are $20 in advance, $25 at the door; tables of 10 are $250.00.  About 10 tables are left.  Cheverly Day is May 19.  This year’s theme will highlight the trees in Cheverly.  Dave Rapp has organized the Cicada Crunch Race.  There will be two stages featuring many different bands.  Other activities include a tennis tournament and a whiffle ball tournament. Food will be served beginning around noon.  A tennis tournament has been added but will be held on May 12 with a rain date of May 19.  Details will be announced the week of the Tournament.

Citizen Input
Former CM Fred Price, Jr. 1709 62nd Avenue, reported that the right hand turn lane on Columbia Park Road near 64th Avenue has a dangerous pothole.  He requested the County conduct an emergency repair.

Denise Ryan, 5726 Lockwood Road, did her own research on the existing antenna on Hospital Hill and found that it is 238 feet above sea level.  She is in favor of constructing another tower next to an existing tower.  Building a new tower with antennas would make it much taller and she is concerned about property values and the impact on wildlife.  She asked the Mayor and Council to locate an alternative site and offered to assist.  She shared her research materials with the Mayor and Council.

Lela Riazzi, 3406 Belleview Avenue, stated that she also attended this meeting.   She asked the Mayor and Council to consider an alternate location if they face strong opposition to the current proposal.  The proposed tower would be 30 feet away from the nearest property line.  The current tower is unsightly and a request can be made to repair or replace it.  A lit tower would be disruptive and would impede flight patterns.  

CM Schacther expressed displeasure that the Town was not notified sooner of the proposal.  He supported directing the Town Attorney to get involved aggressively.  

Mayor Mosley stated that this item would be discussed at the Worksession.

CM Callahan stated that a letter from the Mayor and Council was submitted to Deputy Director McBride that contained a specific request to move the tower from Tremont.  He supported CM Schachter’s position.  

Marva Concrete Batching Plant – SE 4502
Mr. Warrington summarized that this item was introduced at the February 2004 Worksession.   Mr. Bilo, owner, presented his proposal and site descriptions for a concrete batching plant.  All concrete batching plants require special exceptions and driveways (ingress and egress) require paving.  The property is located at Sheriff and Claybrook Roads (outside Ward 4to the south) near the Giant distributor.  The property is 89 feet from the street line and will be a minimum of 114 feet from the closest residence.  The issue is that County Councilmember Harrington placed a 120 day hold on the special exception in order to get more information.  The plant was originally going to cost $1.3M with additional requirements imposed by Park and Planning, which drove the cost up to $2.4M.  30 days has already passed.
Mayor Mosley added that when this item was initially presented, the Council did not take a position.  The feeling was while a special exception was required, there has to be an overriding reason for Mr. Bilo not to be granted the Exception.  The Town has become a party of record and she has received a number of visits from residents on this issue.  A position will be taken either during this meeting or at the Worksession.

CM Schachter asked for clarification on the location of the plant and its proximity to Ward 4.  What is the impact on Cheverly and Ward 4?

Mayor Mosley responded that the property is located at the intersection of Sheriff Road and Claybrooke.

CM Callahan added that this project is located very close to property lines and he encouraged the Council to not support it.

CM Schachter suggested that Mr. Bilo mark the property with flags so that the location of the project can be seen.  Air and noise quality would be impacted.  

CM Callahan added that the plant is 39 feet x 110 feet tall in comparison to the water tower, which is 115 tall.  The structure will be seen above the trees.

Mayor Mosley added that one of the concerns was the truck traffic.

CM Ford stated concerns about dust particles, operations and how materials will be transported.  

CM Oslik agreed that key issues include air, noise pollution and traffic.  

CM Watson wanted to know whether anyone has talked to the Addison Road project participants and found out their feelings about this project.  

Joel Gagliardi, 6204 Forest Road, Planning Board Member, stated that there are many proposals for this site.  Missing information in the proposal includes a tree conservation plan and a revegitation plan from current mining.  This is a clay mine and sand and gravel would be trucked in.  The stream on the Columbia Park side is highly degraded and needs to be revitalized.  The Mayor and Council can expect to hear more from the Planning Board on this issue.  

Lela Price, 1709 62nd Avenue (Old Ward 4), stated her concern about the environmental impact of this project. She asked the Mayor and Council to talk with Cedar Heights and Fairmont Heights, who oppose this plant, and hopefully the Town will become a party of record.  

Mayor Mosley proposed putting this item on the Worksession agenda.   This item will also be placed on the website.  She suggested that the Mayor and Council schedule a tour of the site.  

Franchise Agreement – Verizon Cable Services
Mayor Mosley introduced Brian Johnson, Verizon.  

Brian Johnson, Verizon Cable Franchising Team for Prince George’s County MD introduced Tara Potter, Vice President External Affairs (MD).  Verizon is updating its existing copper telephone network with fiber tube premises (FTTP) which will provide expanded broadband capacity that enables Verizon to provide faster and more reliable FIOS internet access, cable and television (FIOSTV).  In order to do this, Verizon needs a cable franchise from local franchising authorities.  Agreements have been negotiated and obtained from Bowie and Laurel.   An application has been filed with Cheverly for a cable franchise for approval and they are requesting the grant of the application and approval of the agreement.  The agreement is the same basic agreement currently held with the County and includes a number of enhancements that were negotiated with a consortium of other municipalities.  The agreement has a 15 year term; it will allow up to three (3) public education and government channels.  The fee is 5% of gross revenues and there is grant of $3.18 % of gross revenues to supply the public education services and INET.  The agreement also provides $7500 of the INET grant payable up front.  The agreement also contains extensive customer service requirements.  

Tara Potter shared copies of the network architecture, network programming proposed, service rates and related equipment.  

CM Callahan asked what is the process for requesting Verizon’s service.

Tara Potter replied that once the fiber is strung, the resident calls in their order, a technician will come and connect the fiber from the telephone pole to the home to an Optical Network Terminal and then to the existing box.  At that point VIOS is connected to the telephone.  When there is a service outage, the phone has a battery back up that lasts 4 hours and once that expires, you can push a blue button that gives you 15 minutes extra (can be pushed 6 times).  If video signal is lost for 4 hours or more a billing adjustment is made.  If the video signal is out 24 hours or more, Verizon’s software will pick up the outage and residents will receive an automatic credit.  Only a power outage or a cable cut will disrupt service.  

CM Oslik inquired about box rental versus box purchase.  Tara Potter replied that boxes are not sold because when changes in technology occur, the box will have to be replaced.  The standard box is rented at $4.99 and ranges to $12.99 for DVR and $9.99 for high def.

Tara Potter added that Al Carr, Franchise Service Manager assigned to work with the Maryland team has been working with other communities as they come on line and would become Cheverly’s point of contact.

Mayor Mosley added that at the Worksession there was concern about finalizing the agreement.  Attorney Colaresi and Mr. Warrington put one together.
Attorney Colaresi confirmed that the agreement had been drafted; however, he and Mr. Warrington were awaiting the answers to all outstanding questions.
§       CM Callahan moved introduction and passage of the Resolution 06-07 Awarding Cable Franchise non-exclusive franchise to Verizon commencing today and authorizing Mr. Warrington to sign the agreement similar to the one attached to the resolution as stated by Attorney Colaresi.  Seconded by Vice Mayor Ford.  

CM Oslik stated that it is disappointing when there is no news like the BBC competition and further, that there exists no means for providing information and news to customers.  Tara Potter said that she would relay that feedback.

Lela Riazi, 3406 Belleview Avenue stated that she does not have cable or dish.  She asked what the process was for customers who change their minds regarding telephone and cable providers.  Brian Johnson replied that all copper wiring will stay in the home and the copper plant and drop from the street will remain.  She complained about workers using her lawn for lunch breaks and parking.  She commented on advertising that indicates that when there is a power outage; phone service will not be disrupted.  

VOTE: Unanimously approved.

Farewell to Councilmember Oslik
Mayor Mosley announced that CM Oslik is leaving the Council after six (6) years (3 terms).  He and his family are leaving for a 6 month cross country trip.  This will be his last meeting.

CM Watson stated that CM Oslik has been an excellent mentor.

Mayor Mosley credited CM Oslik for promoting thorough discussions and presented him with gifts from the Mayor and Council and from her and her husband.  

Discussion – Community Center Space Use
CM Schachter summarized that as a result of the police station relocation, their former location has become available for public use.  He wanted to make residents aware of proposals for the space.

Mayor Mosley invited interested parties to attend the next Worksession.

Discussion – Gazebo in Legion Park
Mayor Mosley summarized that CM Schachter proposed a gazebo for the park to serve as a central gathering place.  He summarized that it would be an Amish gazebo in Legion Park, which is located across from the Methodist Church.  The structure would add to the charm of Cheverly and he envisions concerts being held there. The cost would be under $20K.    The next step would be to leaflet surrounding homes for feedback.  He will contact the Methodist Church.   Parking in the surrounding area is underutilized when church services are not being held.  

Mayor Mosley received two emails and a phone call from families who live near the Church and expressed concern.

CM Callahan added that four residents have expressed concerns regarding traffic, congestion and loitering.  Before the area is leafleted, the Mayor and Council should figure out how to control these factors.

CM Callahan wanted to communicate to the residents who have reached out and invite them in to the process.

Attorney Colaresi asked for clarification on whether this proposal is for a gazebo or a parks program.

Kennas Henry, 6303 Inwood Street, stated her concern regarding the entertainment being limited to classical or jazz concerts.  Due to the diversity of Cheverly, if tax dollars are used to build the gazebo, then entertainment should be inclusive of other tastes.  She asked why the existing gazebo in Town cannot be used instead.  Mayor Mosley responded that the current gazebo functions as a resting place, decorative element and focal point for some activities.

CM Schachter stated that he supports all kinds of music but wants the noise level to be appropriate.    The structure would be of value even if no concerts are held.

RJ Eldridge, 3009 Cheverly Avenue, supported the gazebo and the idea of having a venue where residents could gather more often. He was not sure Legion Park was the right place but asked for the Mayor and Council’s consideration.

Prince George’s Hospital center
Mayor Mosley summarized the current situation that a number of CMs have asked that a letter be sent to the Governor, County Executive and County Council.  


Meeting adjourned 10:50 PM.



Town of Cheverly
Summary of Action
April 12, 2007


1.      CM Watson moved to excuse CM Oladele.  Seconded by CM Callahan.  Unanimously approved.

2.      Awarding Cable Franchise non-exclusive franchise to Verizon commencing today and authorizing Mr. Warrington to sign the agreement similar to the one attached to the resolution as stated by Attorney Colaresi.  Seconded by Vice Mayor Ford.  Unanimously approved.







Mary Jane Ulrich,  Town Clerk
Town of Cheverly
6401 Forest Road, Cheverly, MD 20785