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2/14/08 Town Meeting
Town of Cheverly
Meeting Minutes
February 14, 2008

Call to Order
Mayor Mosley called the meeting to order at 8:10 pm in the Cheverly Community Center.  There were 2 residents in attendance.

In attendance:  Mayor Mosley, Mr. Warrington, Chief Robshaw, and CMs Watson, Callahan, and Schachter.

Pledge of Allegiance

Agenda/Approval/Changes
Mayor Mosley stated that item #11 would be bumped to the worksession on February 28.  

Minutes – Town Meeting 1/10/2008
Approved as written.

Minutes – Worksession 1/24/2008
Approved as written.

Minutes – Worksession 1/31/2008
Approved as written.

Town Administrator Report
Mr. Warrington reported that the Town is prepared for the winter.  Mayor Mosley asked if the Town has had to overspend on salt or overtime due to the weather, and Mr. Warrington responded that the Town has not yet had to overspend.  

CM Watson asked about the status of re-keying the building, and Mr. Warrington responded that they are still working on it.  Mayor Mosley recalled the discussion about re-keying, and the budget limitations regarding which areas would be re-keyed.  

CM Watson asked about the status of getting a filing cabinet, bulletin board, and mailboxes in the hallway of the Community Center for the Council.  Mayor Mosley responded that they need to proceed with this issue, and asked for it to be placed on the worksession agenda.

CM Callahan asked for an update on the water tower on Tremont Avenue, and the letter regarding the issue.  Mayor Mosley noted that she just reviewed the letter and returned it to Mr. Warrington today, and it will be mailed tomorrow.



 
Police Department Report
Mayor Mosley noted she had seen many sited unregistered vehicles in the area.  Chief Robshaw responded that this was part of phase 1, which included 60 vehicles, and now they are down to less than 10 vehicles.  Phase 2 is out-of-state registration.  

Chief Robshaw noted that crime is down 6% this month.  There were 3 assaults, which were all closed by arrest, 3 robberies, of which 2 were closed by arrest and they have good information regarding the third robbery.  There were 2 burglaries, which were related, and there were 10 stolen autos, which is significant for the size of the Town.  All of the stolen autos were Chrysler products between 1998-2004 except one Toyota product, and all of the stolen autos occurred on the lower part of Town.  Chief Robshaw encouraged residents to purchase the club from the Police Department, which he is placing on sale for $5.00.  Stolen autos are a growing problem throughout the Metro area.  Mayor Mosley asked for clarification on where the vehicles were stolen.  Chief Robshaw responded that the lower part of town includes Crest Avenue, Valley Way, and Parkway.

Chief Robshaw reported that the Police Department has 4 new radar units, which Officers have been testing on Cheverly Avenue.  Chief Robshaw also noted that the Click It or Ticket campaign is about to start.  There are no warnings, and tickets are $75 per person in the vehicle.

Chief Robshaw reported that 2 outside air conditioning units were stolen in a short period of time.  Chief Robshaw asked residents to keep an eye out in their yards, and to watch for suspicious vehicles.

CM Watson asked for an update regarding vehicles parking on the shoulder in front of Hoyer rather than parking in the lot or at the 7-Eleven.  Chief Robshaw responded that the Police Department recently wrote tickets for dump trucks parked on the shoulder.  

Mayor and Council Announcements
Mayor Mosley announced there will be a special worksession on Thursday, February 28, which will include an interview of a candidate for the vacant Ward 5 Council Member seat, newsletter and building use policy, email policy amendment, drafting an ordinance for elections, appointing elections supervisors, green infrastructure plan, peace initiatives, and re-keying the building.  There will also be a special worksession on March 6, which will be dedicated to budget discussions.

Mayor Mosley noted that the 30-day deadline for filing an appeal regarding the cement bath is on February 29.  CM Callahan stated that there should be an initial discussion tonight, and another discussion on February 28.  CM Callahan noted that stenciling was previously placed on the February 28 worksession, and that they may also need to add a brief discussion of the Education Report to the worksession agenda.  CM Schachter noted that the newsletter and building use policy and the email policy have not previously been discussed so they will take additional time, but are very important, and suggested that stenciling could be bumped to a future worksession.  Mayor Mosley asked Mr. Warrington to bump the election agenda items to the March worksession, and that would review the agenda to see if there are any other items that could be bumped to a future worksession.  

Mayor Mosley announced that she is going to set up a meeting regarding the explosions, which she will place in the newsletter.

CM Callahan announced that WSSC is discussing disassembling the water tower at the top of Tremont Avenue, and he thanked Mr. Warrington and his office for their assistance with this issue.  WSSC does not have a date for the water tower being disassembled.  The Town has written a letter asking for a schedule.  The letter also asked that if the tower cannot be disassembled by the end of 2009 if they could paint the tower, and once it is disassembled if the land could become part of the Cheverly Nature Park.  

CM Callahan announced that he has been invited to attend PTA meetings at Spellman and Hoyer.  They are talking about forming a committee of parents, and CM Callahan encouraged parents to participate.

CM Schachter noted that he was asked why Cheverly does not have a dog park.  CM Schachter suggested that once the water tower is disassembled that it may be a viable location, because it already has a fence.    

Committee Reports
Recreation Council
Barbara Pejokovich announced that the next meeting will be held on Tuesday, February 26 at 7:00pm in the Conference Room.  Reservations for the April 5 Flea Market will be accepted beginning on March 1.  The Easter Egg Hunt is on Saturday, March 22 at 11:00am at the Community Center.  The Easter Bunny will be in attendance so bring a camera to take pictures.  Barbara also reminded residents to bring baskets in which to collect their Easter eggs.

Cheverly Day Report
CM Watson reported that Cheverly Day is on Saturday, May 17.  The deadline for submitting advertisements, articles, and poetry for the magazine is April 11.  The next meeting is on Tuesday, March 11 at Town Hall at 7:30pm.  CM Watson noted that the Cheverly Day website, www.cheverlyday.com is updated, and includes contact information.  

Citizen Input
Eunice Youmans at 3119 Lake Avenue of Ward 1 sends her children to Spellman Elementary, and she is asking for any assistance the Town can provide, such as reading to the children, planting flowers, etc.  Every resident of Cheverly has a stake in the condition of our public schools, because it ties directly to the value of our properties.  CM Callahan noted that we have the attention of the head of District 2, Oretha Bridgewaters.  Ms. Bridgewaters  attended a PTA meeting at Spellman.  There was a meeting at Hoyer last night at which expansion of the Montessori Program was discussed.  Additionally, there was a conversation regarding how to grow the curriculum at Spellman.noted that Spellman is currently operating with a skeletal staff.  CM Callahan noted that there was a discussion that Ms. Bridegwaters  may host a Cheverly-wide K-6 conversation.  CM Callahan is waiting to hear back from Ms. Bridgewaters  regarding her schedule so that the date can be set for the conversation.   She  would like to write an article for the Newsletter to update residents on schools.  Mayor Mosley noted that the deadline is the 20th of each month, but that they are discussing changes to Newsletter Policy, which may impact who can submit articles for the Newsletter.  Mayor Mosley suggested submitting the article through the Education Committee.  Mayor Mosley asked CM Callahan to try to settle on a date for the Cheverly-wide school discussion prior to the 20th so that it can be included in the Newsletter.  

Discussion Newsletter and Building Use Policy
Mayor Mosley stated that the Council has received requests from several groups and individuals in Town regarding who can submit items for the Newsletter and who can use the building.  CM Watson noted that the first area of the Newsletter the Council will discuss is announcements.  The Town Attorney stated that the guidelines must either open access to any group in Town or restrict access to all groups in Town.  CM Watson feels there is no reason not to open placing announcements in the Newsletter to any group in Town as long as there are some parameters regarding what will qualify as a recognized group, such as that a certain number of residents must be part of the group.  Mayor Mosley reminded the Council that one of the options is to not open announcements to any group.  Mayor Mosley also commented that they will need to obtain further clarification from the Town Attorney if a line can be drawn at only allowing announcements as long as any Town group can add an announcement to the Newsletter.  CM Watson agrees with comments from residents that the Newsletter is dry, and only lets residents know what the Town Government is doing rather than what is happening in the Town.  

CM Schachter noted that opening the Newsletter to any group means no discretion as to the groups who place information in the Newsletter, and that the Newsletter is representative of the Town Government.  

CM Callahan asked all residents to read the Town Newsletter, and believes the Newsletter should be a means to foster the community.  Knowing what is taking place in the Town allows residents to attach themselves to groups within the Town, and CM Callahan is a firm believer in more communication.  CM Callahan asked Mayor Mosley if the Town Attorney could conduct research regarding what is happening in other communities.  CM Callahan has conducted some of his own research, and feels other communities are looser with what is permitted on their websites and who is allowed in their community spaces than Cheverly.  

Mr. Colaresi clarified that he does not have strong opinions about what the Town does with its Newsletter, but he is telling the Council the law regarding the situation.  

Mayor Mosley commented that there are several neighboring towns where partisan political meetings are held in community spaces, but Cheverly does not always go the same direction as other towns.

CM Schachter stated that the value added by groups being able to post announcements in the Newsletter is worth the risk, but the value added by allowing any group to meet in the building may not be worth the risk.  

Mayor Mosley stated that this discussion is necessary to hear the opinions of the residents of Cheverly, and that the Council should not vote on this issue until the issue has been placed in the Newsletter.  CM Watson asked why it is necessary to place the issue in the Newsletter prior to voting.  Mayor Mosley responded it is important to place the issue in the Newsletter to avoid anyone stating they were not aware of the issue, because it is a fundamental change in the Newsletter, and residents have the right to know the Council is considering the change.  Mr. Colaresi asked the Council to consider entertainment, local bands, illegal activity meetings, child predator meetings, etc., and how the issues will be handled.  CM Callahan agrees that the Council needs to discuss how difficult issues will be handled, and to ensure the community is aware of the issue in order to solicit opinions from residents.  

Mayor Mosley stated that the Council is not changing other policies midstream as they are discussing this issue, which was a concern voiced by residents at a worksession.  CM Watson asked if the discussion regarding permitting group announcements in the Newsletter would be placed in the March Newsletter, and Mayor Mosley confirmed she would try to get something in the March Newsletter.  CM Watson asked if the Council would then wait an additional month prior to beginning to write a policy, and Mayor Mosley said yes.  CM Callahan wants to ensure that it is noted in the Newsletter that parameters will be placed on what qualifies a group to place a meeting announcement in the Newsletter.  Mayor Mosley noted that in order to be considered a Town organization more than 50% of its membership must be Cheverly residents, and the organization must file with the Town.  Currently, Town organizations must be non-partisan, non-religious, and non-political.  Residents should be aware that if two residents file and follow all of the other parameters the residents could be a recognized group.  

Fred Price, Jr. of 1709 62nd Avenue commented that the Council should note the additional costs that may be associated with any of the policy changes under consideration.       

Adoption Charter Amendment CA-1-08 Raising the Tax Cap
Mayor Mosley reminded residents that raising the tax cap does not mean that the Town is raising taxes.  The amendment as it is currently written would increase the property tax limit from $0.50 to $0.58, and raise the tangible personal property tax limit from $1.00 to $1.20.  This amendment must be voted on tonight in order to meet legal notice deadlines.  

CM Callahan mentioned that $0.55 was also discussed for the property tax limit, and he is comfortable with either $0.55 or $0.58.  CM Watson believes that the difference in what cap is selected is how soon the Council wants to revisit the cap once it is reached.  He believes there is validity in not having to revisit the tax cap for several years, but he is comfortable with $0.55 - $0.58.  Currently, the tax cap is $0.50 and the rate is $0.48.  CM Schachter is in favor of $0.58.  He would like to raise the cap sufficiently, but he also would like resident input on the issue.  Mayor Mosley is in favor of $0.58.

§       CM Callahan moved to adopt Charter Amendment CA-1-08 Raising the Tax Cap.  Seconded by CM Watson.  Unanimously approved.

Fred Price, Jr. of 1709 62nd Avenue believes the residents of Cheverly expect fireworks and for the leaf service to continue.  

Resolution R-2-08 Appointing Election Supervisors
This item will be discussed at the Thursday, February, 28 worksession.

Resolution R-3-08 Accepting the National Park Service Grant
Mayor Mosley read the resolution, and congratulated all of the people who worked hard on the resolution.  

§       CM Callahan moved to accept Resolution R-3-08 Accepting the National Park Service Grant.  Seconded by CM Schachter.  Unanimously approved.

Concrete Plant
Mayor Mosley reported that the concrete plant was approved, and the Council has a week and a half to decide if it will file an appeal of the decision.  CM Callahan stated that on January 29 the Zoning Hearing Examiner made a recommendation to move forward.  Community meetings have occurred and Mr. Gallion  from Cedar Heights has already filed an appeal.  The District Council had a meeting to discuss whether to move forward with the Zoning Hearing Examiner or to pull it for review.  Senator Harrington was instrumental in pulling it for review, and the review is scheduled for April.  Due to Senator Harrington’s Council Member seat being vacant, a Council Member will not be present at the District Council review, which concerns CM Callahan.  If Cheverly appeals the decision, it must be submitted by February 29, and sent to 149 parties of interest.  The three paramount issues are the health survey, environmental justice, and the history of zoning in the area under consideration.  CM Callahan is happy to write the appeal if he can have several hours of assistance from Mr. Colaresi.  Mr. Colaresi noted that if the deadline is 30 days, the deadline is February 28 rather than February 29.  Mr. Colaresi wanted to know who the Town would be appealing to as typically the appeal period does not occur until the final decision has been made.  

CM Callahan stated that he spoke to the Clerk who noted that without an appeal the District Council can withdraw their review and move forward with the Zoning Hearing Examiner decision.  CM Callahan also noted that all appealers receive a total of 30 minutes to present their positions at the review.  Mr. Colaresi noted that this answers his prior question in that the Town would be appealing to the District Council.  

CM Watson thinks the Council should appeal from a political standpoint, and asked if the Town would be the only appealer.  CM Callahan believes there will be at least 4 other appealers.  

Mr. Colaresi clarified that after reviewing the decision letter regarding the appeal timeline that the deadline is February 29.  Mayor Mosley asked CM Callahan to work on the appeal, and then to work with Mr. Colaresi.  Mr. Colaresi does not believe working on the appeal is worth the Town’s time and money if the District Council approves the decision, but an appeal to the District Council is not significant time and money.

CM Schachter believes an appeal as a political statement should be made.  CM Watson clarified that the Council will not be meeting to discuss this further before the deadline, and that CM Callahan will work on the appeal, which will be reviewed by Mayor Mosley and Mr. Colaresi.  CM Callahan responded that due to the deadline being confirmed as February 29 there will be time for the Council to do a quick review on February 28 before the appeal is sent.  Mayor Mosley asked for the concrete batch appeal to be added to the agenda for February 28.  Given the number of agenda items on the February 28 worksession, CM Callahan will ask the stenciling group if the agenda item can be bumped.            

Meeting adjourned at 10:00 pm.
Town of Cheverly
Summary of Action
February 14, 2008

1. CM Callahan moved to adopt Charter Amendment CA-1-08 Raising the Tax Cap.  Seconded by CM Watson.  Unanimously approved. Mayor cast the fourth affirmative vote

2. CM Callahan moved to accept Resolution R-3-08 Accepting the National Park Service Grant.  Seconded by CM Schachter.  Unanimously approved. Mayor cast the fourth affirmative vote.