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Town Meeting Minutes 07/14/2005
Town of Cheverly
Meeting Minutes
July 14, 2005

Call to Order
Mayor Mosley called the meeting to order at 8:00 p.m. in the Cheverly Community Center.  There were 12 citizens in attendance.

In attendance: Town Administrator Warrington, Attorney Colaresi, CMs Cullen, Ford, Oslik, Schachter, Hofmann and Oladele.

Pledge of Allegiance
Mayor Mosley opened the meeting with the Pledge of Allegiance.

There were no changes.
Town Meeting Minutes, 6/9/05
The minutes were approved as written.

Worksession Minutes, 6/23/05
The minutes were approved as written.

Special Meeting, 6/7/05
The minutes were approved as written.

Administrator’s Report
Mr. Warrington reported that the annual audit is currently being conducted.  Discount Bush Gardens and Six Flags are currently on sale at the Town Office.  In response to Mayor Mosley, Cheverly is required by law to advertise requests for a departure from design standards from Park and Planning.    They are requesting the departure because the Town does not have 30 feet of planted space/buffer between the Town Hall property and Route 50.  July 28 is the hearing date.  With Park and Planning’s approval, bidding documents will be requested from the architects and engineers, followed by a bidding process for the new police station.

Swearing In of New Police Chief
Mayor Mosley swore Buddy Robshaw in as Cheverly’s’ new Police Chief who has 28 years of experience with the Prince George’s County Police and has worked for Cheverly as for 4 years as the Lieutenant.   Chief Robshaw was joined by his wife Cindy and sons Mark and Jason.

Officer Cedric Whitaker, 2 year officer, stated that he is happy that Chief Robshaw has accepted the promotion.

Police Report
Police Chief Buddy Robshaw gave the report for June.   He summarized that one adult and one juvenile were indicted in robberies that occurred on May 22.  In June, a suspect was apprehended and officers confiscated narcotics, a firearm and cash.  
He asked residents to help the police keep the frequency of stolen autos down by locking their doors and removing valuables.

National Night Out is August 2.

Chief Robshaw announced that he plans to bring an officer to each Town Meeting so that they can be available to answer questions.  

The County is giving a demo of non-lethal weapons in August and Chief Robshaw invited residents to attend and give their input.  The Department is considering the purchase of these weapons.
Public Works
Juan Torres, Director of Public Works apologized for missed backdoor service.  The Sanitation Department has been in transition.  He reminded residents that during a holiday week (Monday), the east side would not receive trash collection.  If there is a holiday on a Tuesday, there will be no collection on the west side Tuesday.  Putting trash out on these days is a violation of the Town Code.  Mr. Torres also reminded residents that construction materials would not be picked up.  Recycling is on Wednesdays and bins should be placed on the curb.   Residents with questions and concerns should call 3/ 773-2666 between 7:30 a.m. – 4:00 p.m. or by emailing him at Cheverly  Residents are also required to report all construction projects to Public Works.   He asked residents to eliminate standing water on their property so that mosquitoes do not breed.  

Mr. Torres asked residents to not run the stop sign at Jason Street leading in to Cheverly Oaks.

Current and upcoming projects/activities:  Reconstruction of Greenleaf Road, repairs to 62nd Avenue and 64th Avenue, curb installation on 63rd Avenue.  A new mower has been purchased.  Future purchase includes a pick up truck.

Mr. Torres suggested the following remedy for killing weeds and keeping chemical runoff from the Chesapeake Bay:

·       One cup of salt
·       One teaspoon of liquid detergent
·       One gallon of vinegar

Mr. Torres responded to Mayor Mosley that the next Special Trash Day on July 25 strictly for Town residents.  Vehicle tires will be collected at no charge.
CM Oslik asked whether residents on the east side would be able to bring their trash to Pubic Works on a Tuesday following a Monday holiday.  Mr. Torres responded that he would say yes, but he does not want Public Works to become a dumping area.

Mayor and Council Announcements
Worksession:  Capital Plaza development discussion, private property tree planting.  Annapolis Road inner beltway alliance, email policy, boat restrictions, department head objectives, speeding, proposed dog park, Belmont Street survey and action, Mayor and Council expense allocation, how the Council will support Cheverly Day Committee next year,

Committee Reports

Recreation Council
Barbara Pejokovich mentioned that the Annual Flea Market will be on October 1, and reservations will be taken starting September 1.  Tables are $15.00.  She encouraged residents to join the Council and she will be asking for volunteers for the Halloween Party.  Mrs. Pejokovich added with extreme disappointment that The Recreation Council had two $500 scholarships that were not awarded because no one applied.
Cheverly Day Committee
CM Watson summarized that the next meeting will be on June 9.  Residents can see pictures from this years’ Cheverly Day at

Citizen Input
There was no citizen input.

Adoption – Resolution Regarding Wal-Mart @ Capitol Plaza
Mayor Mosley summarized that the draft resolution was printed in the Newsletter and the renderings were shared with the Council.

Bill Gibson, 6131 Montrose Road, President of Teamsters Local 96 (representing Washington Gas and Shenandoah Gas workers).  He stated that he is upset and sorry that he could not provide input sooner.   He shared an email he received about Wal-Mart.  He supports the resolution but asked whether it could be enforced, especially as it relates to workers rights.  He recounted incidents where unionizing was discouraged by Wal-Mart by way of closing stores and discontinued customer services.   He has witnessed the result of box stores in small communities.  Small businesses suffered as a result.  He stated that he would get involved committees addressing this issue and is opposed to a Wal-Mart at Capital Plaza.

Madeline Golde, 3020 Parkway, Co-Chair of Progressive Cheverly, stated that Progressive Cheverly supports the Resolution and said that it was important for area communities to stand up to Wal-Mart and demand they adhere to community standards.  She thanked the Council for their efforts.

Nathan Dayton, 3402 Belleview, supports Wal-Mart.  If Unions cannot organize employees, that is their problem.  Customers have the option of shopping at Wal-Mart or taking their business elsewhere.  He added that as long as Wal-Mart complies with the law then the Town should not have input.  Wal-Mart should not be told what to do in order to comply with County and State laws.  

Patricia King, 5900 Forest Road, stated that Wal-Mart provides job opportunities that currently do not exist.  The Town needs to find a way to partner with Wal-Mart to achieve goals and values intrinsic to the quality of life in Cheverly and surrounding areas.  She would like to see a better partnership between Cheverly and area communities and with Wal-Mart, the State and Local Governments to enable workers to afford general comprehensive health coverage.

Judy Davis, 6101 Forest Road is anti Wal-Mart and does not understand why Wal-Mart would listen to Cheverly. She wants to be assured that there will not be lighting and signage that will be seen from the Baltimore Washington Parkway.

Steve Wilcox, 2007 Crest Avenue is in favor of Wall-Mart and would be happy to see some of the local businesses close because of the blight that has surrounded them.   He added that as a self employed person and employer, health insurance is not a right, it is a luxury.

Bill Nell, 3319 Belleview Avenue, stated that Cheverly has no jurisdiction to enforce the Resolution.  However, the Resolution serves as a message to Wal-Mart that they must earn their reputation, it is not deserved.

Robert Eisenlord, Cheverly Circle, was surprised by the Resolution feels it is an infringement on Wal-Marts' rights.  Wal-Mart has the choice to leave Capital Plaza and Cheverly may lose the opportunity for development.  Who is to say that the mom and pop stores will not thrive after Wal-Mart opens.  He asked who defined a livable wage.    Cheverly would not want Wal-Mart telling them what to do.  The Resolution does not have incentives, just red lights.  Positions like these should be pursued on personal time.

Ed Terry, 6011 Forest Road, commended the Council for taking on the Resolution and it is within purview of the Town.  

Former CM Pat Wickersty, 6103 Kilmer Street stated that she is concerned that the Resolution was not a collaborative effort with neighboring communities.  An ongoing dialogue is needed.

Madeline Golde, clarified that a coalition exists and Progressive Cheverly is part of it along with civic associations.  Bladensburg, Colmar Manor, Landover Knolls, Woodlawn and Radiant Valley have considered and passed positions and resolutions that contain similar content.

Mayor Mosley explained that Wal-Mart has a 50-year lease with The Nellis Corporation, which owns Capital Plaza owners.   She attended numerous meetings with Wal-Mart.  The Council was informed 2 years ago by Nellis that Nellis had been negotiating with Target and others when plans fell through.  Nellis  next informed the Town that they were in talks with Wal-Mart and have been talking with Randall Levitt who believes that Wal-Mart is the linchpin for redevelopment of this area.  Many items in the resolution were already decided (e.g. asking them not to sell groceries).  Those who feel that the Town has no legal authority are correct, but that does not mean the Town has no power.  Cheverly is exercising the power to bring redevelopment to 450, 202 and the high-rises.  Regarding a coalition, Mayor Mosley added that the broader community did not elect her and she is representing Cheverly and is seeking Cheverly’s better interests.  There are also disagreements in the broader communities on this issue.  

CM Ford added that Cheverly does not have legal standing; however, because of the proximity of this project, developers have sought Cheverly’s input.  He is seeking a more attractive elevation design.

CM Schachter thanked citizens for giving input on this issue.  He stated that there were no new positions brought forth at this meeting that have not already been discussed.  The Council arrived at a reasonable compromise with this Resolution and has tried to reach a consensus that they thought the community would support without coming across as anti-business.  He believes the Resolution achieves this compromise and that Wal-Mart is interested in working with Cheverly based on their efforts to address the Towns’ concerns to date.  

·       CM Schachter moved that the Resolution regarding Wal-Mart be tabled.

Attorney Colaresi responded to Mayor Mosley that as meeting Chair she is allowed to second a motion.

Seconded by Mayor Mosley.

CM Hoffman asked the Ethics Commission when it would be appropriate for him to participate in this item because he has a family member who works at Wal-Mart.  He is able to vote to table in lieu of a response from the Ethics Committee.

CM Schachter added that if Wal-Mart does not agree to the items in the Resolution, there is no point in it.

CM Oslik stated that the broader question is how to build and sustain strong communities.  While he would have favored a stronger resolution, he felt that this is a reasonable compromise and puts Cheverly on the record in support of Wal-Mart being a good corporate neighbor.  Wal-Mart still has issues outstanding that need to be addressed.

CM Watson stated that enough time has been spent on Wal-Mart.  He is not in support of tabling the resolution, he would like to see the Council support Wal-Mart with certain caveats.

Mayor Mosley stated that one of the Wal-Mart representatives pointed out a mistake in the Resolution.  Her opinion is that Wal-Mart is concerned with having agreements documented in writing.  She is committed to getting the shopping center developed in a way that enhances the community and believes the Town would gain more clout by withholding the Resolution until it is right.    Mayor Mosley gave examples of how the Town has influenced decisions and activity around the Town (e.g. Howard Johnson, trash transfer station, route 450 buildings).  She does not believe Wal-Mart has sent representatives to any other Town and is in favor of tabling the resolution.

CM Ford stated that he initially was not in favor of tabling the Resolution, but subsequently feels that it should be tabled until it is right and responses from Wal-Mart are complete.  However, he does not want put off finalizing it too long lest it have little impact.

Discussion on the renderings.

VOTE: 4 in favor, CMs Oslik and Watson opposed.  Motion passed.

Mayor Mosley stated that this item would be on the Worksession and next Town Meeting Agenda.   A letter will be included with the next submission to Wal-Mart.

Second Reading O-1-05 Amending Chapter 22 – Police Mutual Aid
Attorney Colaresi summarized that the State of Maryland has passed a law acknowledging and encouraging local jurisdictions to collaborate.  One proviso is that the legislative body has to address it, and he drafted an ordinance enabling the Town if it wishes to participate in these agreements and conform to state law.  Anything more than 60 days needs to be approved by the Mayor and Council.  It is not a commitment at this point, but will lead to a commitment (copy attached to original of the minutes).

Second Reading O-2-05 – Amending Chapter 8 Building Permits
Mr. Warrington summarized that this ordinance is being updated to reflect the County ordinance.  Town Code currently states that 100 square feet is required, whereas the County requires 150 square feet. He read the ordinance (copy attached to original of the minutes).

Resolution R-4-05 Appointing Members of the Ethics Commission
Mayor Mosley asked if there was a problem with the Council making an appointment to the Ethics Commission of someone who already sits as an election judge.  Attorney Colaresi did not have an answer; however, he stated that the Ethics Committee members should stand apart from all other bodies in Town.

Mayor Mosley stated that this item would be added to the Worksession agenda.  

Adjourned 11:00 p.m.
Town of Cheverly
Summary of Action
July 14, 2005

1.      CM Schachter moved that further discussions and vote on the Resolution regarding Wal-Mart be tabled.   Seconded by Mayor Mosley.  VOTE: 4 in favor, CMs Oslik and Watson opposed.  Motion passed.

Cheverly Executive Offices:   6401 Forest Road, Cheverly, MD 20785
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