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10/8/09 Town Meeting Minutes
DRAFT
Town of Cheverly
Meeting Minutes
October 8, 2009

Call to Order
Meeting called to order at 8:00 pm in the Cheverly Community Center.  

In attendance:  Mayor Mosley, CMs Callahan, Schachter, Johnson and Tevault.

Pledge of Allegiance

Agenda/Approval/Changes

Minutes – Town Meeting 9/10/09
Approved as written.

Worksession 9/24/09
Approved as written.

Mayor requested a motion to excuse CM Eldridge who was out of town.

  • Motion CM Schachter to excuse CM Eldridge.  Seconded CM Callahan.  Approved 4-0 CM Watson absent.
Town Administrator Report
Mr. Warrington reported an update on the Capital Improvement Program projects that were underway.  64th Avenue paving has been completed and Mr. Torres is very pleased with the work.  Palm Reader demolition has been completed.  The tanks have been installed to catch the rain water once the gutter system on the Town Hall gym is involved.  The work should commence next week to seal the building and install the gutters.  The Town has put in for a grant to install a windmill/turbine to use wind to generate electricity to power the public works facility and hopefully make it self sufficient.  The windmill will be 65 feet high and located by Route 50.  Waiting for a County review board approval.  We have heard back from the County Executive’s Office regarding the small parcel of land abutting Town Park that the County may transfer title.


Police Department Report
Chief Robshaw  thanks to everyone involved in the Public Safety night out with special thanks to Outback Steak House who sponsored and provided the food for the event.  Thanks to Pepsi, CVS and Mandy the Clown.  Also, Prince George’s County provided a great deal of equipment that everyone enjoyed as did MNCPPC and Charles County K-9 unit.  There is a CPAC meeting on Tuesday the 20th of this month. The Department is trying to set up meetings focusing on each individual wards of the Town.  It helps us get in touch and use our residents as a means to reduce crime.  Last year was a banner year for crime reduction.  At this time this year we have only had 202 reported crimes in the Town of Cheverly, which is an 18% reduction in crime this year over last year.  Our involvement with the public is the greatest it has ever been.  The amount of people helping us has reached a level that is as high as I can remember in my 7 years here.  We need to be aware with the holiday season that this is when crime usually rises.  We are in the process of reporting on grants we have and seeking additional grants for the future.  The problem with some grants are that we don’t have enough crime, which is good, and we don’t have the personnel to work the large number of overtime hours.

Mayor you have had a jump in burglaries in Old Ward 4.  Chief Robshaw the good news for us is that we know who did the crimes but don’t know their names to compare fingerprints to find these people. Mayor anything on the radio system and assistance? Chief Robshaw we probably won’t get too much help from the County and  I think they are still shooting for an early 2010 start-up date.  We don’t know if we will have to keep old equipment in the cars to communicate with the other parts of the county that are not on line.

 CM Callahan congratulations on your crime numbers they are great.  You deserve a lot of credit and we need to communicate more of sharing these statistics.  I look forward to the Ward meetings. Chief Robshaw there are peculiar locations that we would like to talk to the residents and get their input.  I get information out in the Town through the blog or other methods.

Mayor and Council Announcements

Mayor thanked Delegate Ivey for helping getting the ball rolling on the piece of land to add to Town Park.  Thanked the Chief and Mr. Torres for their help with the Cheverly Avenue Farmer’s Market.  Also, Crystal Lal did a fantastic job with the market as always.  I will let CM Callahan talk about this, we were successful before the Zoning Hearing Examiner in denial of SE 4618 to deny the salvage yard just outside the Town.  The Planning Board denied as well.  It now goes before the County Council sitting as the District Council.  Mr. Warrington and Mr. Callahan went and it was voted unanimous that it be scheduled for a final decision.  I will let Mr. Callahan talk about this as well, but it is my opinion that there are forces working outside the town to try and get this through the District Council.  We have had a lot of support in Town, but we will announce when this is going to happen and this will be a political decision and we need to provide sheer numbers in the audience to make it matter.  This type of business is wrong in this location and it should not be approved by a political decision.

CM Callahan I really have nothing to add to what the Mayor has said.  We should reach out to community groups and fill the audience.  There are a lot of people trying to get higher office and they will recognize the numbers.  People ask why we are involved, but this is our southern border and we need to keep an eye on Sheriff Road.  The concrete plant is up for appeal though the University of Maryland, so that is still pending judicial review and will go on for another 6 months.

Mayor that corridor does affect the Town and we have been working with the Civic Associations and it is unusual for us to be at odds with another municipality, namely Fairmount Heights.  My other announcements are the worksession items: Refuse collection policy for non-residential entities, SE 4618, Non-motorized transportation plan, Tree Commission presentation about $15,000 for tree planting, Speed Limits, possibly a presentation from MNCPPC and what to do with the green space created by the removal of the Palm Reader.  CM Callahan would like a stop sign or speed hump at Belleview and Kilmer discussion.  CM Tevault CM Watson wanted to add a possible Green Street in town.

CM Tevault reported on the Technology Committee meeting and how it is focusing on different ways of communication throughout the town.

Committee Reports

Recreation Council
Mayor Halloween children’s function will be on October 31st from 3:45 parade from Gast Park then fun from 4-6pm prior to Trick or Treating.  They are looking for some volunteers at 2:30 to help.

Cheverly Day
Nick D’Angelo Cheverly Day will be May 15th and we will be announcing other things in the future.  We are looking for volunteers to provide time and ideas.  Give us a call.  My email is nick@cheverlyday.com and go to our website.

Presentation to Vice Mayor Vincent Ford
Mayor Vince was unexpectedly ill and could not attend the MML Convention to receive his longevity award for his 16 years of service.  Delegate Ivey presented the plaque and noted Vince’s involvement in the youth of our community and how important it is to our youth.  

Vincent Ford thanks to the community and the county.  I am still mentoring young people and I am still involved as is my wife.  We are quite busy and I am involved in the County and I still love the County.  Noted that the Cheverly Mayor and City Council does a lot for you and our Town functions properly and that is the main thing.

Proclamation – Recognizing the 90th Anniversary of the Cheverly Womans Club
Mayor read the Proclamation designating October 2009 as the Cheverly Womans Club Month in Cheverly.
Joyce Lang thanked the Mayor and Council and invited members of the Womans Club to an October 17th celebration at Fratelli’s.  Read a card of congratulations from Ms. Betty O’Conner.

Citizen Input

Mayor Mosley noted that there was a resident wishing to speak.

Ms. Valerie Watson 3404 Cheverly Avenue wished to speak on the proposal by Pepco to install larger poles on Cheverly Avenue.

Mayor discussed the matter and read a letter was sent to Pepco and the Public Service Commission indicating that the Town is not in favor of moving the poles on to Cheverly Avenue and Lake Avenue.

CM Callahan noted the conversation with Pepco and sent an email to tell people of the status and apologized for not going back door-to-door.  Ms. Watson glad that the property values were going to go down the tubes.

Ms. Clareen Heikal Laurel Avenue Ward 3 here to speak on the recycling program on the agenda. Mayor said yes it on the agenda for later.

Adoption Speed Camera Ordinance  

Mr. Warrington third reading is amends our code to allow us to utilize speed cameras if we so desire. There is a month long warning phase, you must be exceeding the speed limit by 12 miles per hour, the maximum fine is $40 and you must be within half a mile of a school or in a school zone.  It covers almost the entire Town.   The prospective contractor we are considering will not sign a contract until he does a 30 day feasibility study to see if it is worth his while.  This should occur soon and the Mayor and Council can discuss the data when available.  Ordinance doesn’t take effect until 30 days.

Mayor  this enables us to do this, Delegate Ivey has left, but we will be lobbying legislators on this law. CM Eldridge is very much in favor of having them in Town.  

CM Callahan I believe everyone is in favor of speed cameras.  I want everybody to look at the inconsistencies of speed limits in town. Mayor that is on the next worksession
.
  • Motion CM Tevault to adopt Ordinance O-3-09 Authorizing the Authority to have Speed Cameras in Town.  Seconded CM Callahan.  Approved 4-0 CM Watson absent.
Adoption Rental License Ordinance Amending Chapter 5  

Mr. Warrington explained the intent of raising the fine for renting your property without a license from $50 to $500 would be a good way of providing incentive for landlords to register their properties since a license is only $100.  The license protects the homeowner in the event the renter is tearing up the property and the renter to make sure everything is working properly and the landlord is taking care of the property.  If the rentals are kept up then everyone is happy.

Mayor this protects the homeowner in case the renters are negligent.  This is the third time we have talked about this, but is there a grace period? Mr. Warrington yes we can put it in the Newsletter again. Mayor I am thinking about those who have not thought about this in the past.  Also, this does not apply to family members.

CM Schachter does the current ordinance apply to persons who continue to reside in the property? Mayor yes, that is why I mentioned the grace period. They do have to have a license.


Ms. Cynthia Robinson had a question and clarification.  It was not clear to me if it is good for a year?  I could have been fined if I did not reapply in July?  The second issue is that I have now paid, but no one has contacted me about another inspection and is the fine linked to that inspection? Mayor all very good questions.

Mr. Warrington the inspection is not linked to the fine and we are trying to move everyone’s billing date to be the same.  Just like our business license.

Mayor welcome Councilmember, Vice-Mayor Watson.

  • Motion CM  Callahan to adopt Ordinance O-4-09 Amending Chapter 5 of the Rental License Penalty section.  Seconded CM Johnson.  Approved 5-0.

Second Reading of Business License Ordinance  

Mr. Warrington this is to close a loophole in our law from estimators giving estimates and then selling their product.  It began with a citizen complaint and we are trying to address.  The salesman actually had a copy of the Town Code, so we want to not have our law used for this.  We have added a line including estimates leading to the sale of goods.


Required Recycling  

Mayor noted we are now calling this item required rather than Mandatory recycling.  Asked to say that CM Eldridge is in favor of this.

Mr. Warrington explained the amount of reduction in tipping fees this year and it is thought to be related to recycling and electronic recycling, about $10,000.  We are not going to become the trash police.  We are looking for those Labor Day parties with a couple of black bags full of bottles and cans not the single can that slips in the trash.  Our process will be to leave a note to inform people of the recycling requirement.  Hopefully, over time we will all form new habits and establish a new mindset to do this.  We have not drafted the legislation yet, but this is the concept.

Mayor There are still residents confused about what they can recycle.  We should reprint in the Newsletter or perhaps leaflet what can be recycled.

Mr. Warrington Trudy had a great insert in the February Newsletter that discussed all of this including what you can and can’t recycle.  She has also posted it on the website, it captures it all.  You can search recyclable items.

CM Tevault just to clarify  we are not going through people’s trash.  It is not based on someone not putting out a bin.  

Mr. Warrington I have not found a reason yet why I would grant an exemption, but upon request it has been put in our procedures.

Mr. Colaresi currently the Town can issue a municipal infraction for violating the refuse section of the Town Code and amending the code to address very visible violations of the Town’s policy.

Mayor I often don’t put my recycling out every week unless necessary.  Mr. Torres has told me that he hates sending trash to the landfill.  This will be a very flagrant violation if we move forward.  

CM Watson I have three different points. I don’t know why we would need an exemption for since you can’t get an exemption for a car engine.  So why recycling materials?  I am concerned about the order of denial and the way it has been talked about I am a little uncomfortable with that.  Third, I would like to know when we might have an ordinance? Mr. Warrington as soon as you ask for one.

Mayor we may be doing that tonight.  We are putting exemptions in almost everything we have been doing recently.

Mr. Colaresi our initial contact will be a notice to stop comingling trash with recyclables. I don’t see a need for an exemption or big process issue.  We simply want compliance and are not trying to punish people.

CM Tevault I have concerns about refusing to take peoples’ trash and I see it sitting out there for a long time and attracting animals.

Mr. Warrington these are procedural issues that we can address just like cutting grass, in that we give a notice and then will take the trash and sort it for the resident.  We will then bill them for the service.

Ms. Clareen Heikal 3117 Laurel Avenue here to speak on behalf of Progressive Cheverly’s Environmental Committee and wanted to lend support of this discussion.  We favor recycling and anything our committee can do to help the Town, we are available.

Mr. Warrington once the ordinance is drafted it will be posted on the website and residents are encouraged to look at the legislation and give input in case you see something we don’t see.


Meeting adjourned.
Town of Cheverly
Summary of Action
October 8, 2009
 
  • Motion CM Schachter to excuse CM Eldridge.  Seconded CM Callahan.  Approved 4-0 CM Watson absent.
  • Motion CM Tevault to approve O-3-09 Authorizing Speed Cameras. Seconded CM Callahan. Approved 4-0. CM Watson absent.
  • Motion CM Callahan to approve O-4-09 Amending Chapter 5 of the Rental License Penalty Section. Seconded CM Johnson. Approved 5-0.