Town of Cheverly
Meeting Minutes
November 8, 2007
Call to Order
Mayor Mosley called the meeting to order at 8:00 pm in the Cheverly Community Center. There were 6 residents in attendance.
In attendance: Mayor Mosley, Mr. Warrington, Chief Robshaw, and CMs Callahan, Schachter, Ford, Eldridge, and Watson
Pledge of Allegiance
Agenda/Approval/Changes
Mayor Mosley asked to add an item to the agenda: moving money from an account in order to support the Farmer’s Market on November 17, 2007.
Minutes – Town Meeting 10/11/07
Approved as written.
Minutes – Worksession 10/25/07
Approved as written.
Town Administrator Report
Mr. Warrington noted that the town is in the middle of the leaf collection process and asked residents to follow the published leaf collection schedule. The town is also getting their snowplow equipment ready for the winter season.
Mr. Warrington also noted that the audit has been completed and filed with the state and copies will be presented to the Mayor’s Council shortly.
Mayor Mosley noted that she has received several emails and telephone calls regarding explosions that have started occurring again outside of town. Mayor Mosley would like to send a letter to Smith’s Recycling and Son’s reminding the company that there are procedures in place to avoid this from occurring and to send the letter to state agencies, as has been done in the past.
CM Callahan asked for an update on the subdivision request. Mr. Warrington stated that the attorneys are still working to solidify the agreement and the hearing has been pushed back.
CM Callahan asked for an update on the Cheverly Nature Park water leak for WSSC. Mr. Warrington stated that WSSC is aware of the situation, but there is not a specific date set for WSSC to come out to do the work because they are in the process of bidding out the work for this project. CM Callahan noted his concern regarding water filtering out to the exit ramp from 295 into Cheverly, which will freeze and possibly cause an accident when temperatures drop. Mayor Mosley asked for a follow-up phone call to be placed to WSSC.
CM Schachter asked that the Mayor’s Council wait to send a letter to Smith’s Recycling and Son’s until they have the opportunity to determine if the company is the definite cause of the explosions and the Council has the opportunity to discuss the situation. CM Callahan noted that although there is the possibility that the explosions may be coming from the clay mining activities, typically the explosions have come from Smith’s Recycling and Son’s, and sending a letter would be a good first step to resolving the issue. Mayor Mosley stated that she is happy to investigate other sources of the explosions at the Worksession, but she would like to still send the letter due to the lawsuit settlement with Smith’s Recycling and Son’s, which discusses procedures in place
to avoid these types of explosions. CM Schachter asked to have it noted that he is opposed to sending a letter to Smith’s Recycling and Son’s prior to reviewing evidence and seeking advice from the town’s attorney prior to the Town officially sending an accusation to the company. Mayor Mosley stated that the letter would be reviewed by the town’s attorney prior to it being sent and that CM Schachter’s objection is duly noted. CM Eldridge suggested that the town check with the clay mining company to determine if operations are occurring during the hours when the explosions have occurred in order to assist with determining the root cause of the explosions.
Police Department Report
Chief Robshaw thanked Lt. Joe Frolich for his assistance while he was on leave. He also thanked the residents of Cheverly for a great Halloween, which did not consist of any injuries or arrests attributed to Halloween.
Chief Robshaw reported that the overall crime statistics from last month as compared to the prior year were down 10+% and that violent crimes are down 50+%. There was one robbery last month and there is a partial lookout for a white Ford F150 that has been observed in the vicinity of Jason Street a few times, which may have been part of a previous incident. The only description of the drivers and passengers is that there were two black males in the vehicle. There were seven burglaries this past month, which is higher than normal. Three occurred in the apartment complex, one occurred at a commercial location, and three occurred at single family homes, which resulted in an arrest of three adult males.
Chief Robshaw noted that as a result of last month’s CPAC meeting they are going to try to hold their next CPAC meeting at the apartment complex in order to reach out to the apartment complex. Chief Robshaw also noted that due to resident requests he is going to try to publish additional crime statistic details for residents, possibly via email.
Mayor Mosley asked for clarification regarding the closure on Route 202. Chief Robshaw stated that a tree fell on power lines and then fell into the road. Vehicles on Route 202 became impatient and tried to find alternative routes, which caused a considerable amount of traffic in Cheverly.
Mayor and Council Announcements
Mayor Mosley noted that there will be two Worksessions in November. The regular Worksession will be held on Thursday, November 15, 2007. Agenda items include volunteer arborist proposal, re-keying the Community Center, explosions, Columbia Park Road pedestrian signals, committee structure, and trails, planning, green infrastructure, and the newsletter article. The second Worksession will be held on Thursday, November 29, 2007, which will be devoted to the budget.
Mayor Mosley noted that the Town Offices would be closed on Monday, November 12 for Veteran’s Day and Thursday and Friday, November 22 and 23 for Thanksgiving. There will not be any trash pick-up or Town services on those days except Police services.
Mayor Mosley noted that the Tree Lighting will be held on Friday, November 30, 2007 at 7:00pm at Legion Park and then travel to the Community Center for the Town Holiday Party. The Children’s Holiday Party and Santa’s Secret Workshop will be held on Saturday, December 1, 2007. Volunteers are needed to assist for these events.
Mayor Mosley discussed the last Farmer’s Market, which will be held on Saturday, November 17, 2007. Crystal has lined up 20+ vendors and it is critical that vendors sell out or they may opt to go to other markets. Mayor Mosley encouraged everyone to show their support of the event.
Mayor Mosley thanked Barbara Pejokovich for a wonderful Halloween party and the Cheverly Police for a safe Halloween.
CM Schachter noted that a religious display owned by the Legion will be located in the Town’s Park. This display is going to be an agenda item in the future to discuss the Constitutionality of the display and whether it should continue.
CM Callahan mentioned that there was an article on Magruder Springs, which is on the South end of Cheverly Avenue. There is a purported incident of British Troops camping in the location on their way to burn down the Whitehouse. There is a broken storm drain pipe in this area, which the County is willing to repair. There is also funding to work on this area in order to make it an active area in the Town. CMs Callahan and Eldridge would like the Town’s ideas of what they would like to see at Magruder Springs. They are also looking for a landscaping architect to volunteer to draw a sketch of the ideas for the area.
CM Callahan provided an update on the concrete batching plant. Several residents have participated in the hearings in addition to himself and Mr. Warrington. He is currently waiting to hear back from the Zoning Hearing Commissioner. A letter will also be going out to each Counsel Person from the Town regarding the Town’s opposition and the Town’s expectations.
Mayor Mosley clarified that at the October 25, 2007 Town Council Meeting, the Council voted to oppose another subdivision request entitled the Tuxedo Property, Request #4-07041. The Council’s statement on the issue will be published in the newsletter. The Council decided to vote against the proposal because it was not in conformance with the Tuxedo Road Arbor Street Cheverly Metro Area Sector Plan. The hearing is scheduled for November 15, 2007, but it may be delayed.
CM Eldridge announced that the Planning Board is looking for individuals interested in participating on the deliberative body to assist the Council with the physical growth and development of Cheverly. The Planning Board meets for an hour typically on the second Monday of every month. If you are interested, please contact Mayor Mosley or CM Eldridge.
CM Eldridge thanked Barbara Pejokovich and the Cheverly Police for the Halloween parade and party.
Committee Reports
Recreation Council
No report presented as there were no members from the council present.
Cheverly Day Report
No report presented as there were no members from the committee present.
Citizen Input
Norman Oslik at 3020 Park Way spoke on behalf of Progressive Cheverly as its new Co-Chair. Mr. Oslik discussed the concern over health care services in Prince George’s County. A deal fell apart between the County and the State at the last General Assembly meeting. Progressive Cheverly initiated a petition drive and collected 1,000 signatures in Cheverly and the surrounding area, which have been submitted to Cheverly’s representatives and other key leaders in the General Assembly. The Prince George’s County Delegation has stated its intent that in order to sign off on the budget a resolution must be reached regarding the hospital situation. Mr. Oslik urged the Mayor and Council to ensure that the Hospital stays open.
Public Hearing/Resolution – Amending the Urban Renewal Plan – 3302 Belleview Avenue
CM Eldridge asked if there has been any activity on the house since the discussions started. Mr. Warrington stated that the owner has taken no action to care for the house since the Council began its discussions. CM Eldridge asked if there was power to the house and Mr. Warrington stated that there is still power and water to the house. CM Eldridge noted his concern with the power still being on to the house and asked if it could be turned off. Mr. Warrington clarified that an owner is not required to occupy a house in order to have power running to the house.
In response to CM Schachter’s question regarding the standard a home must meet to be placed on the list, Mr. Colaresi (clarified it to be abandoned, deteriorated, and contributing to urban blight. CM Schachter stated that based on the photographs of the house that it does not meet the standard of contributing to urban blight so the Town should use less drastic steps to take to address the issue before threatening to take private property. CM Schachter also suggested boarding up the windows that are allowing animals to enter the home, if that is permitted. Mayor Mosley stated that the Town does have the right to board up windows, but could not remember the details of the previous situation where this occurred. Mayor Mosley noted that boarding up windows would
contribute to the standard of contributing to urban blight. Mayor Mosley stated that she is agreeable to bumping the issue if the Council prefers to wait to vote on the issue, but she also stated that she would willing to give her vote to add the address to the list today given the code enforcement record for the house. If the issue is bumped, Mayor Mosley asked that any CMs concerned about adding the address to the list and who would like to view the home may do so, but are not permitted to go onto the property as it is private property. CM Watson asked CM Callahan if he is seeking to bump the issue because he is opposed to the issue or if it is to give the Council time to all come to agreement on the issue? CM Callahan believes the house meets the criteria to add the house to the list, and that the Town has not been able to get the attention of the owner through other actions. He believes the Town should move forward with adding the house to
the list, but he wants CM Schachter to have the opportunity to look at the house in person rather than in pictures, and to have the opportunity to agree or disagree with the issue.
CM Ford stated that adding the house to the list prepares the Town for action it may need to take or prompt the owner to take the necessary action. CM Ford is concerned that if the issue is delayed the work that needs to be done may not be able to be done in the winter months, and that a heavy snowfall could put too much pressure on the roof of the house. This could lead to water in the house and concerns with water and electricity in the home. CM Ford is agreeable to bumping the issue one more time, but does not want to bump it further in order to avoid additional problems down the road. CM Eldridge asked for clarification of the timeframe from voting to add the house to the list and actually condemning the house. Mr. Warrington noted that it would take at least a year to gather
appraisals, go through court proceedings, and then to fund and purchase the home. Mr. Colaresi re-read the amendment to provide further clarification that this is not a first step to take to get the owner’s attention, but rather the last step. CM Schachter understands the concern of the residents who live near this house and wants the Town to take action, but easier steps need to be taken first.
Leilah Riazi from Ward 1 stated that her greatest concern about the property is access to the home, animals, and safety with regard to break-ins. Leilah Riazi asked what methods have been taken to contact the owner of the home, how long the property has been abandoned, and if there has been any response from the owner. Mayor Mosley noted that actions and violations go back to early 2004, there has been no contact back to the Town by the owner, there are a number of infractions that are still open and not resolved, and the grass has been cut and the owner has been billed. Mayor Mosley asked CM Callahan if he would like to bump the issue or put it to a vote tonight. CM Callahan stated that due to not have Council unanimity on the issue, he would like to wrap up the discussion.
§ CM Callahan moved to consider resolution R-8-07. Seconded by CM Ford.
Mayor Mosley closed the hearing and the record.
§ CM Callahan rescinded his motion to consider resolution R-8-07. CM Ford concurred.
§ CM Callahan moved to close the session. Seconded by CM Schachter. Unanimously approved.
§ CM Callahan moved to adopt resolution R-8-07. Seconded by CM Ford. Approved 4-to-1 with CM Schachter opposed.
Discussion:
CM Eldridge noted that the issue of blight is a very serious issue that can contribute to the decline of a neighborhood and a community. It is on our best interest to look out for the condition of our own properties and the properties of the communities in which we live.
CM Schachter stated that this house does not meet the standard of contributing to urban blight.
Resolution R-05-07 – Designating Cheverly A Peace Community
Joyce Lange of Ward 4 clarified that what those in favor of designating Cheverly a Peace Town are asking the Council to do is to approve a letter of intent to complete the requirements of the Community of Peace Program and that we understand that the intention of the program is to invoke the peacemaker in each of us, and also to issue a statement in the form of a declaration or proclamation on Cheverly Day stating that Cheverly has a desire to become a community of peace. The context of peace is taking care of ourselves, each other, and the earth. There is no political, national, or sinister meaning to the term peace.
Pat Wickersty of Ward 3 stated that the resolution is to become a Community of Peace and she believes Cheverly already is a town of peace. The issue that Pat Wickerstein disagrees with is that this is new, and maybe Cheverly should wait until more towns become involved in the program.
Norman Oslik of Ward 3 spoke in support of the resolution. The concept is simple and although Cheverly may be a Town of peace our world is not, and sometimes even within the Town actions are not peaceful. The resolution will recognize that these tasks are important.
Matthew Malone of Ward 1 spoke in opposition of the resolution. Nobody can argue with the comments of Norman Oslik, Pat Wickerstein, and Joyce Lange. Matthew Malone does have concern about the comment that this is not political. Based on his research, there is a considerable amount of political action on the program’s website. Matthew Malone’s other concern is that the first time the Town heard about this issue is in last month’s newsletter, and does not think this has the kind of support that warrants the Council taking action to support this program.
A Citizen’s of Ward 1 spoke in opposition of the resolution and noted that other than the people in the room there seems to be a considerable amount of confusion about the resolution within the Town, and he does not believe there is widespread support for the resolution.
Joyce Lange noted that approximately 120 signatures have been provided in support of the resolution.
CM Schachter noted that citizens do not need the permission of the Council to undertake the activities of the program, and there is no need for a political proclamation. CM Schachter also noted his concern that taking on this program will be misconstrued by others as Cheverly being a Town that is passive. He does not argue with the underlying principles of the program. Peace is only worth something if other values are taken care of first. Cheverly is a Tree City, and did not proclaim itself as a Tree City. Cheverly took the necessary actions and then was acknowledged as a Tree City once it arrived so he believes proclaiming Cheverly as a Community of Peace prior to the activities is backward
CM Watson moved to approve Resolution R-05-07
CM Schachter suggested some amendments to the language in the resolution and Gerry Itner said that the changes would go against the uniformity of the program. The uniformity is what gives CM Schachter pause with the program.
CM Watson asked if CM Schachter was going to suggest amendments to the resolution and CM Schachter stated that he is going to make suggestions.
§ CM Watson moved to approve Resolution R-05-07
§ CM Schachter moved to amend Resolution R-05-07 to reflect the following changes:
1.) Change the title of the resolution to Community of Peace through Civility, Justice, and Equality By and For All.
2.) Strike the first three whereas clauses.
3.) Expand the fourth whereas clause to read without civility, justice, and equality.
4.) In the second-to-last whereas clause, after the word Peace, add the phrase through civility, justice, and equality by and for all.
5.) Correct the typo in the final paragraph to read to achieve a peaceful quality of life.
Motion failed for the lack of a second.
Discussion:
Mayor Mosley commented that the final paragraph is not a typo, which CM Schachter re-read and agreed. Mayor Mosley also stated that she has no problem adding civility to the clause, but does not feel that there is any reason to reverse justice and equality. CM Schachter did not mean to reverse them and only meant read them in the same order each time. Mayor Mosley disagrees with dropping the 3 whereas clauses. CM Schachter clarified why he was in disagreement with the clauses.
CM Watson noted as a point of order that CM Schachter’s motion was not recognized or seconded.
CM Callahan stated that if the second paragraph could be removed he would be much closer to supporting the resolution, but that is not what was brought before the Council. CM Callahan believes that the essence of the debate is about having a designation on the Town and joining an external organization, which is what most people are uncomfortable with, not the notion of peace. CM Callahan would be thrilled to have a Peace Month, a Peace Ward, or a Peace Award given out on Cheverly Day, because the Town can determine the qualifications. CM Callahan appreciates all of the effort made by those that have brought forth the resolution, but he is not going to support the resolution for the reasons noted above.
CM Schachter would rather work with the resolution through amendments rather than throw out the entire resolution.
CM Ford asked everyone to think about how we want to define peace for Cheverly and if we want to piggyback on another program’s wording.
§ CM Ford moved to table Resolution R-05-07 so that CMs can talk to their constituents about the issue. Seconded by CM Schachter. Approved 4-to-1 with CM Watson opposed.
Mayor Mosley noted that this resolution has been discussed at eight meetings, which reflects some angst. Mosley does not believe there is any language in the resolution that is partisan language.
Joyce Lange of Ward 4 clarified that Gerry Itner has been to one Town Meeting. Gerry Itner never stated that the amended language could not be used, but she did not believe it was favorable language, but it could be used as a subtitle. All that is needed right now is a letter of intent that Cheverly plans to do some work in the area of peace and that at the end of the process a proclamation is written.
CM Callahan feels that it is disingenuous to go ahead with a letter of intent without having the intention to go ahead with a proclamation. CM Callahan also has issues with being linked to a national organization, which is a permanent affiliation.
Farmer’s Market:
Cheverly has been asked to support the Farmer’s Market in order to provide music at the November 17 Farmer’s Market. There is concern that this Farmer’s Market has not been advertised as well as possible. Mayor Mosley asked for a motion to make a $200 donation to the Farmer’s Market.
§ CM Schachter moved to have the Town of Cheverly make a contribution in the amount of $200 to be used for the upcoming Cheverly Farmer’s Market to provide entertainment. Seconded by CM Callahan. Unanimously approved.
CM Schachter noted that a previous request to advertise the Farmer’s Market using the Police Department’s sign was denied due to grant restrictions that the sign is only to be used for police matters. CM Schachter asked if Cheverly’s attorney and staff could work together to try to find a way to work with the grant requirements, and find a way to let people know about the Farmer’s Market. Mayor Mosley asked Mr. Warrington and Chief Robshaw to work on this issue and also for Mr. Warrington to send out an email and to post the sign about the Farmer’s Market.
Meeting adjourned at 10:50 pm.
Town of Cheverly
Summary of Action
November 8, 2007
1. CM Callahan moved to consider resolution R-8-07. Seconded by CM Ford.
2. CM Callahan rescinded his motion to consider resolution R-8-07. CM Ford concurred.
3. CM Callahan moved to close the session. Seconded by CM Schachter. Unanimously approved.
4. CM Callahan moved to adopt resolution R-8-07. Seconded by CM Ford. Approved 4-to-1 with CM Schachter opposed.
5. CM Watson made a motion to approve Resolution R-05-07
6. CM Schachter moved to amend Resolution R-05-07 to reflect the following changes:
1.) Change the title of the resolution to Community of Peace through Civility, Justice, and Equality By and For All.
2.) Strike the first three whereas clauses.
3.) Expand the fourth whereas clause to read without civility, justice, and equality.
4.) In the second-to-last whereas clause, after the word Peace, add the phrase through civility, justice, and equality by and for all.
5.) Correct the typo in the final paragraph to read to achieve a peaceful quality of life.
Motion failed for the lack of a second.
7. CM Ford moved to table Resolution R-05-07 so that CMs can talk to their constituents about the issue. Seconded by CM Schachter. Approved 4-to-1 with CM Watson opposed.
8. CM Schachter moved to have the Town of Cheverly make a contribution in the amount of $200 to be used for the upcoming Cheverly Farmer’s Market to provide entertainment. Seconded by CM Callahan. Unanimously approved.
| 
