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Town Meeting Minutes 10/13/2005
October 2005 Town Meeting
Town of Cheverly
Meeting Minutes
October 13, 2005

Call to Order
Mayor Mosley called the meeting to order at 8:10 PM in the Cheverly Community Center.  There were 3 citizens in attendance.

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

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

There were no changes.

Mayor Mosley apologized for the delay in starting.   The Mayor and Council had a closed meeting with Chief Robshaw just before, which ran late.
Minutes – 9/8/05 Town Meeting
Approved as written.

Minutes – 9/22/05 Worksession
Approved as written.

Administrator’s Report
Mr. Warrington reported that the Greenleaf Road pavement project has been completed.  The upcoming Leaf Collection schedule will be in the Newsletter.  He added that he is still working on plan corrections for the Police Department and once they are received, the project will go out to bid.

Mayor Mosley directed Mr. Warrington to involve Attorney Colaresi if the plans are not been received in the next ten (10) days.

CM Watson thanked Mr. Warrington for making sure the sign ordinance is enforced. He also thanked Mr. Warrington and Mr. Torres for the Chev-Tux pathway lighting.  

In response to CM Watson, Mr. Warrington stated that next steps would be to re-advertise for this project.  

Mayor Mosley thanked Mr. Warrington and Mr. Torres for the curb installation at the end of Crest Avenue and Carlyle Street.  She also thanked them for getting the County out to investigate lot coverage on Greenleaf.

Police Report
Chief Robshaw introduced Lt. Joseph Frohlich, who recently joined the Department and has 30 years of experience.  

Lt. Frohlich reported that directive patrols on Crest Avenue and Carlyle Street will continue.  Speeding on Cheverly Avenue (primarily buses) will be enforced and near St. Ambrose.    Officers are working evenings twice a week to enforce zero tolerance on Oak Street and the Apartments.   

Chief Robshaw thanked everyone who attended the September 21 Chiefs Advisory Council meeting; the next meeting is on October 26 at 7:30 PM.  He asked that if residents have difficulty reaching police after hours (through the County) please call him the next business day so he can investigate.  

Almost half of the Town’s crime can be attributed to auto theft, unsecured vehicles and valuables left in plain view (in autos).  He encouraged residents to lock their vehicles and purchase The Club; which is available at the Town Office for a subsidized cost.  

Chief Robshaw gave the report for September and highlighted the fact that there were no robberies.  All Officers will be on duty Halloween night from 5:00 PM -9:00 PM.  During this time, residents should call 301/773-8362 instead of the County.  He asked parents to accompany their children while Trick-or-Treating and to keep an eye on traffic.

Mayor and Council Announcements
Mayor Mosley announced that a closed meeting was held from 6:00 PM – 7:45 PM with the Council and Chief Robshaw to strategize on ways to keep Cheverly crime free.  No actions were taken.  

At the next Town Meeting, there will be a proclamation for the Tuxedo Fire Station; which is celebrating 75th years.  

Worksession: Appointing Planning Board members, introduction of a charter amendment to raise tax cap, a tax increase for the next fiscal year, ways to improve the Apartments, street light requests, department head objectives, adding another monthly meeting for the Mayor and Council, raising Mayor and Council salaries (effective for the next mayor and council election), Boyd Park rules and Cheverly Day.

CM Watson requested that a discussion on the Belmont right-of-way be added to the Worksession agenda.  Mayor Mosley added that she also received a complaint about that curb.  She also added that once more information is received on the Bladensburg High School busing situation; this item will be added back on to the Worksession.

CM Ford added that he passed 57th Avenue and Annapolis Road and noticed that soil testing was being conducted at the site of the proposed multifamily building.  Mr. Warrington added that he is working to address issues involving property owned by the Town near the multifamily building.

CM Oslik asked for an update on the Route 450 high-rises.  Mr. Warrington responded that soil borings (tests) are being conducted; however, the Redevelopment Authority has still not sold the property.  

CM Schachter requested that the Dog Park be placed back on the Worksession agenda.  Mayor Mosley responded that a letter was sent inferring purchase of property on the hospital grounds.  She asked Mr. Warrington to contact that person.   She also asked him to follow up with WSSC on the water tower.  

CM Watson recommended postponing the invitation to the Postal Service while he searches for residents who work on the Hill and can solicit assistance from Members.     The next meeting will be held right before Thanksgiving.  

Committee Reports

Recreation Council
Barbara Pejokovich reported that the next meeting is October 25 at 7 PM.  The Halloween party will be held on October 29, and will begin at Tot Park at 11:15 AM.  The children will walk from there to Town Hall where there will be arts and crafts, a costume march and refreshments.

Cheverly Day Committee
CM Watson summarized that Cheverly Day is April 29 and the magazine deadline is March 1.  Details can be found on  The Committee meets on the second Tuesday of each month.  

Citizen Input
Janice Hazel, 6317 Jason Street, asked whether the grass will be restored now that that the curb project is complete.   Also, students jumping her fence to get to Gladys Noon Spellman and St. Ambrose have damaged her fence.

Mayor Mosley suggested sending a letter to both schools asking them to address this concern with their students.

Janice Hazel added that she has Hill experience and is interested in helping the Zip Code committee.

Reclassification of Positions – Public Works
Mr. Warrington summarized that the recommendation is for the two lowest grades (3 – Labor and 4 - Lead Labor) to be reclassified to grades 4 and 5 respectively.  These positions currently earn $10.50 per hour; the lowest livable wage.  The reclassification will impact Nine (9) employees and the pay raises.  The prorated budgetary impact will be $39,000.  Pay raises will be effective November 1.

·       CM Oslik moved to reclassify the position of laborer from Grade 3 to Grade 4, and to reclassify the position of lead laborer from Grade 4 to Grade 5 pursuant to section 21-5B of the Cheverly Town Code.  Seconded by CM Watson.  Unanimously approved.  

Proclamation – Recognizing Clarence Sollers – 40 Years of Service
Mayor Mosley read the proclamation acknowledging Clarence Sollers’ outstanding service to Cheverly and naming October 6, Clarence Sollers Day.

·       CM Watson moved to proclaim October 6 Clarence Sollers Day.  Seconded by CM Ford.  Unanimously approved.

Hiring a Lobbyist
Mayor Mosley summarized that the Council has been discussing the hiring of a lobbying firm.  A number of area municipalities have hired lobbyists.   A contract in the amount of $18,000 for a period of one year has been presented and reviewed by Attorney Colaresi.  Either party can terminate the contract with 30 days notice.  

Cheryl Harrington, GS Proctor and Associates, 2508 Wayne Place, stated that the legislative budget is being created now; which is why they are moving quickly.  GS Proctor, established in 1995, has offices in Prince Georges County, Washington DC, and Charles County.   The firm will help Cheverly secure grant funding, particularly with the police department.

CM Ford stated his support.

CM Schachter stated his reservations around conflicts of interest and budgetary constraints that might result from making payments to this firm.

·       CM Watson moved to empower the Mayor as CEO of the Town of Cheverly to enter in to a contract with GS Proctor & Associates for a period not to exceed 12 months for an amount of money not to exceed $18,000 for the express purpose of providing consulting services.

Mayor Mosley clarified that the grants pursued through the lobbyists are legislative grants.

Attorney Colaresi responded that there is only one pot of money and any lobbyist that represents more than one client is exposed no more to a conflict of interest than if they represented four businesses.  Lobbyists are bound by law to withdraw their representation if a conflict of interest arises.

Discussion regarding conflict of interest and bidding process.

VOTE:  Unanimously approved.

Wal-Mart Resolution
Mayor Mosley introduced County Councilmember David Harrington and summarized that the resolution has been revised from:

Whereas Wal-Mart has agreed to consult the Town on the design of the facility at Capital Plaza

Whereas Wal-Mart has listened to the Town of Cheverly and the community at large and submitted a new and greatly improved design for the Capital Plaza store and has committed to constructing a facility that will improve and enhance the community.

County Councilmember Harrington (District 5) described CB19.  Prior to the amendment, any big box retailer planning to build a facility greater than 125,000 square feet would have to go through a detailed site plan.  There would be no food of any kind in the store.  It was subsequently discovered that Wal-Mart had already obtained a building permit; and the subsequent amendment excludes the Wal-Mart at Capital Plaza from the detailed site plan.  However, any other big box retailer would have to go to detailed site plan.  CB19 applies to locations inside the beltway to ensure that all business adheres to the same requirements.

In response to Mayor Mosley, Wal-Mart will have to amend their building permit to adhere to the new building façade.  He is anticipating letters from Wal-Mart and The Nellis Corporation stating that they will adhere to not selling ammunition, liquor and guns and not have 24-hour store hours.  A community advisory group will be established with whom Wal-Mart management with commit to work with.  

CM Hofmann asked why CB19 applies to retailers.  CM Harrington responded that it allows citizens to have input as it relates to retailers.

CM Harrington responded to CM Mosley that the types of food sold in Wal-Mart will include non-perishables and take up 10% of the stores’ square footage.  Other grocers are being encouraged to come to the site.  There is no 10% stipulation in CB19.


Dan Smith, 6019 Inwood Street, was surprised that building permits had been issued without the Town’s knowledge.  Had Cheverly been made aware, more requirements could have been built in to CB 19.

CM Watson responded that he does no trust Wal-Mart either and Cheverly must monitor the situation.

Mayor Mosley added that the only thing not publicly agreed to is the façade.

CM Oslik added that the Community Standards Coalition has pushed for a Memorandum of Understanding.

Dan Smith stated that he opposes a resolution that would allow Wal-Mart to use something to leverage against Cheverly.  They will need to establish trust.

County CM Harrington stated that he would follow up on the establishment of a commission that will monitor Wal-Mart.  The permit will need to be amended and he will follow up with Donna Wilson (D.E.R.).  He remains concerned about this issue and supports the override of the Governors’ veto to a bill disallowing better health care benefits for Wal-Mart employees.

·       CM Schachter moved to take the previous resolution regarding Wal-Mart off the table.  Seconded by CM Oslik.  Unanimously approved.

·       CM Oslik moved to pass Resolution R-04-05 Regarding Wal-Mart at Capital Plaza.  Seconded by CM Ford.  Unanimously approved.

Adjourned 10:30 p.m.
Town of Cheverly
Summary of Action
October 13, 2005

1.      CM Oslik moved to reclassify the position of Laborer from Grade 3 to Grade 4, and to reclassify the position of Lead Laborer from Grade 4 to Grade 5, pursuant to section 21-5B of the Cheverly Town Code.  Seconded by CM Watson.  Unanimously approved.

2.      CM Watson moved to proclaim October 6th, 2005 as Clarence Sollers Day in Cheverly.  Seconded by CM Ford.  Unanimously approved.

3.      CM Watson moved to empower the Mayor as CEO of the Town of Cheverly to enter in to a contract with GS Proctor & Associates for a period not to exceed 12 months for an amount of money not to exceed $18,000 for the express purpose of providing consulting services.  Unanimously approved.

4.      CM Schachter moved to take the previous resolution regarding Wal-Mart off the table.  Seconded by CM Oslik.  Unanimously approved.

5.      CM Oslik moved to pass Resolution R-04-05 Regarding Wal-Mart at Capital Plaza.  Seconded by CM Ford.  Unanimously approved.

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