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09/13/2007 Town Meeting
Town of Cheverly

Meeting Minutes

September 13, 2007

Call to Order

Vice Mayor Ford called the meeting to order at 8:00 pm in the Cheverly Community Center.~ There was 1 resident in attendance.

In attendance: Mr. Warrington, Lt. Joe Frolich, and CMs Ford, Callahan, Schachter and Eldridge.

Pledge of Allegiance


No changes were noted.

Minutes – Town Meeting 8/9/07

Approved as written.

Minutes – Worksession 8/23/07

Approved as written.

Minutes – Worksession 9/6/07

Approved as written.

Town Administrator Report

Mr. Warrington noted that the town is preparing for leaf collection due to the dry summer.~ Mr. Warrington asked that residents work with the town and not rake leaves into the street until the scheduled leaf collection dates, which will be posted on the website and noted in the October Newsletter.~ Mr. Warrington also noted that there have been some changes on the County level regarding how electronic equipment is disposed.~ Electronic equipment will no longer be permitted in the landfill.~ The town will continue to collect electronic equipment on the regular trash days, the Public Works Office will stockpile them until they have a full load, and then they will take the items to Brown Station to be disposed in the appropriate manner.

CM Eldridge asked if it is appropriate for residents who are moving out of Cheverly on non-trash days to contact the town if they will be leaving trash on the curb.~ Mr. Warrington answered that yes, residents should contact the town.~ If it is a large amount of trash, such as an entire house of belongings, there will be a reasonable fee.~

CM Callahan asked about residents not cutting the right of way and what can be done about the issue.~ Mr. Warrington responded that if the right of way is not maintained by the home owner, a company will be contracted to take care of the area and the home owner will be billed.

CM Eldridge asked about leaves and grass cuttings being pushed down the storm drain and if that is encouraged or acceptable.~ Mr. Warrington responded that it is illegal to do so and there is a heavy fine associated with pushing things down the storm drains.

Police Department Report

Lt. Joe Frolich noted that the police department started school enforcement on the first day of school, and in the first week they wrote 39 tickets.~ Serious crimes are down 8 incidents as compared to last year.~ The crime categories that increased were vandalism and auto thefts.~ Lt. Frolich encouraged residents to make sure they lock their vehicles.~

Lt. Frolich noted that the next CPAC meeting will be on Tuesday, October 23, 2007.~

CM Callahan asked Lt. Frolich if the state troopers with equipment on the bridge in the Tuxedo area were re-calibrating the traffic lights.~ Lt. Frolich responded that he believes they were replacing all of the traffic lights and putting up signs.~

CM Eldridge noted concern regarding the number of stolen vehicles during the month and asked if 8 stolen vehicles was typical.~ Lt. Frolich was unable to answer his question because the majority of the crimes occurred in the apartments, not in the town.~ ~~~~~

Mayor and Council Announcements

CM Callahan announced that there will be a hearing at the County Planning Board on Wednesday, September 19, 2007 at 7:00pm regarding a trash transfer station.~ He believes residents need to provide input on the criteria used to determine where the station should be located.~ CM Eldridge noted that a location that may be considered, which Cheverly residents should provide the County with input regarding is Sheriff Road.~ CM Callahan suggested that the meeting be broadcast on the town television station, if possible.~

CM Callahan discussed that a resident of Ward 1, Bob Klosowski noted that it takes his wife 10 minutes to cross the bridge to get to the Cheverly Metro each day.~ Mr. Klosowksi sent a letter to the State Highway Administration in August and received a response noting that they will come to review and address the situation sometime in September.~

CM Ford announced that there will be a Worksession on Thursday, September 27, 2007.~ Worksession agenda items include designating Cheverly as a Peace Town, American Resource Subdivision, tax incentive financing (TIF) update, Tuxedo property subdivision, and possible annexation.

CM Schachter noted his concerns regarding designating Cheverly as Peace Town, and encouraged any residents with input regarding designating Cheverly as Peace Town to attend the Worksession.~~~ ~

Committee Reports

Recreation Council

Barbara Pejokovich reminded residents that the Cheverly Flea Market will be held on Saturday, October 20, 2007.~ Barbara noted that there are only approximately 7 tables remaining for the flea market, and encouraged residents to call if they are interested in having a table at the flea market at 301.773.5883.~

Barbara Pejokovich announced that the first Recreation Council meeting will be on Thursday, October 25, 2007 at 7:00pm in the Town Conference Room, and the general public is invited.~

Resident Input

No input or questions from the residents who were present.

#       CM Callahan moved to excuse CM Watson and Mayor Mosley.~ Seconded by CM Schachter.~ Unanimously approved.

Public Hearing/Resolution – Amending the Urban Renewal Plan – 3302 Belleview Avenue

Mr. Warrington discussed Resolution R-8-07, which will amend the urban renewal plan to add 3302 Belleview Avenue.~ The owner was invited, but was not in attendance.~ The property is vacant, in disrepair, and the town has been the caretaker of the property for the past several years.~ Mr. Warrington noted the strain citing and acting as the caretaker of the property has placed on the town staff.~ The resolution is the first formal step in placing the property on the urban renewal list and permits the mayor and council to exercise their imminent domain powers, if desired.~ CM Callahan noted that this issue is very important to the neighbors on Belleview Avenue, so he whole-heartedly endorses the resolution.~~

#       CM Callahan moved to amend the Urban Renewal Plan to include 3302 Belleview Avenue.~ Seconded by CM Eldridge.~ Motion withdrawn after the discussion noted below.

Discussion regarding the motion:

CM Schachter noted that not cutting the grass should not constitute this type of action.~ CM Callahan encouraged CM Schachter to visit the location to see that the issue encompasses much more than failure to cut the grass.~ CM Callahan is also concerned that if the deterioration continues, there will be structural issues.~ CM Schachter still has concerns regarding using such strong actions and wants to visit the property and obtain input from Mr. Torres prior to making his decision.~ CM Callahan noted that this type of data was collected, presented, and discussed at a previous Worksession, but offered to table the motion until next month in order to permit CM Schachter time to visit the property and review the data.

Presentation American Resources Management Subdivision Proposal

Mr. Warrington described that the development plan involves 74 acres of land at the intersection of Sheriff Road and Marblewood Avenue, which is owned by Robert Bilo.~ There is a subdivision request before Park and Planning to divide the front part of the property into developable lots.~ The property contains clay deposits, which Mr. Bilo has been mining and selling to the County while also preparing the property for development.~ Due to questions and concerns surrounding the request and green space issues, the Mayor’s Council asked Mr. Bilo to withdraw his application to allow further time on the overall prospectus and the plans for the out lots.~ Mr. Bilo agreed to withdraw his application.~ The Town of Cheverly is a butting property owner.~ There are areas of the property noted in the request that Mr. Bilo will not touch or be permitted on and areas that will be re-forested. ~The new request includes 50 feet of additional area to be re-forested, which brings the total buffer to 150 feet.~ The new proposal also includes a wall, green space, and pedestrian walkway 25 feet wide along Marblewood Avenue where there is a considerable amount of dumping and trash.~ The issue with the wall and walkway is that given the considerable width, it would cause Mr. Bilo to enter a space that was previously designated as a preservation area by the Mayor and Council in the late 60s and early 70s.~ This would require a change in the former agreement and approval from the Mayor and Council.~ In exchange, the 50 additional feet comes up to the 100 feet of preservation area.~ The Mayor and Council encouraged Mr. Bilo to make the 50 additional feet preservation area, but that was not acceptable to Mr. Bilo.~ Mr. Bilo did say that after the 50 feet is re-forested he will either make the 50 feet preservation area or deed it over to the Town of Cheverly.~ The Mayor and Council discussed this issue at the last Worksession and wanted to present the proposal to the public at this meeting.~ The resolution will be discussed further at the next Worksession on Thursday, September 27, 2007 where the proposal may be voted upon due to time constraints with the proposal being present to Park and Planning.~ If the resolution is rejected, Mr. Bilo will revert to his original proposal when presenting to Park and Planning, which does not include the additional 50 feet.~

CM Ford asked what caliber of trees will be re-forested on the 50 feet of land or if it is set by the County.~ Mr. Warrington stated that the caliber of trees will be set by County, which will most likely be between 2-4 inches in order to increase survival rates.~ CM Ford asked if the area will contain clay. Mr. Warrington stated that there is currently clay present, but that Mr. Bilo will mine the clay so the clay will no longer be present when the land is re-forested.

CM Callahan noted that County guidelines state that 15% of industrial property must be saved for tree property, and that Mr. Bilo’s proposal saves 31%.~ CM Callahan also noted that this subdivision request does not include the batching plant, which is a separate issue.~ The current request is only for the commercial property.~ The Mayor and Council are still in opposition to the concrete batching plant.~ CM Callahan asked if requesting to not have a trash transfer station on the property is going to be added to the proposal.~ Mr. Warrington stated that there would be an answer to his question at the next Worksession.

CM Ford asked if it has been clarified when the Town of Cheverly would receive the property.~ Mr. Warrington stated that the owner’s attorney noted that it would occur when the owner subdivides.~

CM Eldridge asked if the agreement would allow the owner to build right up against the tree line or if there is a setback requirement.~ Mr. Warrington clarified that yes, there is a setback requirement.~ CM Eldridge stated that he would also like to see a walkway to further divide the area.~

CM Schachter noted that he feels the new proposal is a good deal considering not having anything built in the space is unrealistic.~ CM Schachter also noted that the Town of Cheverly looked into purchasing the property to preserve the area, but the cost would be $30 million, which was not possible.~ CM Schachter believes the wall will assist with hiding the trash and anything built on the property, so accepting the new proposal and getting the wall built is important.~ ~~

Adoption – Mayor and Council Reimbursement Policy

CM Ford~ noted that CM Watson had worked on this matter and brought to the Mayor and Council to provide clarity to the policy.

CM Eldridge moved to adopt the Mayor and Council Reimbursement Policy.~ Seconded CM Schachter. Unanimously approved

Adoption – Resolution R-7-07 Supporting the Anacostia Trail Study

CM Ford discussed Resolution R-7-07 supporting the Anacostia Trail Study and expressed appreciation of Delegate Jolene Ivey, who planned and organized the meeting.~ The Mayor and Council support proposals by the State and County to provide trails throughout the region that will connect Cheverly to regional trails.~ The Mayor and Council also support proposals by the State, County, and Maryland National Capital Park and Planning to provide trails throughout the region.

#       CM Callahan moved to adopt Resolution R-7-07.~ Seconded by CM Schachter.~ Unanimously approved.

Adoption – Resolution R-8-07 Adopting Field Use Fees

Mr. Warrington noted that the field use fee is being addressed as a resolution because it was not included in the budget with all other town fees.~ Thee fee will only apply to organizations that are non-recognized Cheverly organizations.~ If the resolution is approved, it will go into affect immediately and the Police Department and Public Works Department will work to inform any organizations that are currently utilizing the space to which the fee will apply.~ The fee will be $200 per day and an organization will need to fill out a form and provide a contact name for the organization in addition to paying the fee in case the field is damaged or illegal activities occur.

CM Schachter noted that this resolution will give the town some control over the park with outside organizations.~ CM Schachter’s only concern is that the fee is not high enough to encourage organizations to act in a responsible manner when using the field.

CM Callahan clarified that town organizations take precedence once the town organization schedules the days and times to use the field with the town.~ CM Callahan expressed concern regarding when a scheduled town organization attempts to gain access to the field and has to ask an unscheduled organization to leave the field.~ Mr. Warrington stated that the organization scheduled to use the field can contact the Police Department for assistance.~ CM Callahan and Mr. Warrington discussed additional ways to assist scheduled organizations with gaining access to the field.~ CM Callahan commented that as compared to Prince George’s County and Bowie, the town’s proposed fee structure for field use is only slightly higher.

CM Eldridge clarified that the town has a list of recognized organizations and also asked that the resolution wording regarding what qualifies an organization as a recognized organization state that at least 50% of the organization is Cheverly residents rather than 50% of the organization is Cheverly residents. CM Eldridge also asked if the wording in the resolution will limit the amount of time an organization can be on the field because the fee is stated as $200 per day.~ The wording is accurate and means that an organization that pays $200 can arrive at the field when it opens and remain until it closes, which is consistent with the pavilion policy.~

CM Callahan asked that the town ensures that town organizations receive ample notification to schedule their events prior to accepting reservations from outside organizations to avoid dates being closed out to town organizations.~

CM Ford asked for clarification as to what signage currently exists at the field regarding field rules.~ Mr. Warrington stated that there is a sign stating that the park closes at dark and a sign listing the park rules.~

#       CM Callahan moved to adopt Resolution R-8-07.~ Seconded by CM Schachter.~ Unanimously approved.

Additional Comments

CM Schachter noted that he read a letter from the County regarding further information why the County was not taking any action regarding issuing bonds to raise money for the point in Cheverly.~ The County was advised by its legal council that it cannot use tax incentive financing (TIF) for non-public purposes. CM Schachter asked for this issue to be discussed further at the next Worksession, which CM Ford confirmed is on the Worksession agenda.~~

Meeting adjourned at 10:00 pm.

Town of Cheverly

Summary of Action

September 13, 2007

1. CM Callahan moved to excuse CM Watson and Mayor Mosley.~ Seconded by CM Schachter.~ Unanimously approved.

2. CM Callahan moved to amend the Urban Renewal Plan to include 3302 Belleview Avenue.~ Seconded by CM Eldridge.~ Motion withdrawn after further discussion.

3. CM Eldridge moved to adopt the Mayor and Council Reimbursement Policy.~ Seconded CM Schachter.~ Unanimously approved.

4. CM Callahan~ moved to adopt Resolution R-7-07.~ Seconded by CM Schachter.~ Unanimously approved.

5. CM Callahan moved to adopt Resolution R-8-07.~ Seconded by CM Schachter.~ Unanimously approved.

Cheverly Executive Offices:   6401 Forest Road, Cheverly, MD 20785  (301) 773-8360
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