Minutes of April 1, 2002
Town of Riverdale Park
Mayor and Council Legislative Session
Call To Order
Present: Councilmember's Feldberg, Tiberio, Davis, and Scott, Police Chief Evans, Town Administrator, Mr. Prangley, and Director of Public Works, Mr. Houser
CM Blaschke, and CM Almirez were absent
Pledge Of Allegiance And Moment of Silence
Approval Of Agenda
CM Tiberio made the motion to approve the agenda. CM Davis seconded the motion. Agenda item 23b was deleted. The motion passed unanimously.
Mayor Herman explained that CM Blaschke is still in North Dakota, and will be sending correspondence that will be distributed to Ward 2 residents and the rest of the council. He also noted the Council will try to get through the agenda quickly so everyone could watch the University of MD Terps game.
Town Administrator and Treasurer's Report
Mr. Prangley said there are two reports, an actual revenue and a disbursement report, and noted a correction needed on the revenue side. A cash balance report is available for the public. The $468,000 figure represented funds from WSSC. There are numerous projects going in the coming weeks. There were areas to be mitigated following the Riverdale Rd walk through that are being dually noted and will be taken care of. The motion to approve the report, subject to audit, was made by CM Tiberio and seconded by CM Davis.
Compensation negotiations for WSSC's Phase II operations began this evening. Additional water line replacements will be done on nine street blocks this spring into summer.
An electronic mail policy was discussed at the last worksession. The matter will be deferred for additional action until the next worksession, and possibly for policy adoption at the Legislative Meeting.
Additional information was requested by the state, but receipt of the $300K Community Legacy Grant is anticipated. Riverdale Park is the first municipality in the state to complete a contract with the Department of Housing and Community Development.
The Town Center Development covenants were executed following a Special Legislative Meeting last Monday night and will be filed this week. A contract is currently being drafted for the transfer of sale to Douglas Development Corp. We're also waiting for approval of the design plan from the Maryland Historic Trust.
Annexation petitions or submissions still haven't been received. Annexation of the Jamal properties along Kenilworth Ave (owned by Douglas Jamal and Douglas Development Corp) will be discussed later in the meeting. Transfer of the 34 Seat Pleasant students to free up resources at Riverdale Elementary was discussed at a meeting last week which was attended by the Mayor, CM Feldberg, County Councilmember Tom Henderschot, and School Board Representative Jim Henderson. Other improvement suggestions were also discussed.
At least a draft of the budget is hoped to be introduced within the next two weeks for early consideration.
The Mayor also announced the death of longtime resident, Mr. Wright of 48th Ave, who spent recent years in a home.
Police Department and Code Enforcement Report
Chief Evans read aloud the March crime report. The report showed a decrease in reported crime from last month but an increase in calls for service.
One of our officer's left last month, but Officer Cassereli, a veteran of the Town of Edmonston (and their Officer of the Year), has been hired and will begin serving on April 8th.
The Code Enforcement officer is working diligently on complaints received.
CM Scott asked a question that wasn't picked up by the mic (?)
Public Works Department Report
Mr. Houser reported on a letter received from the Department of Agriculture about their mosquito control spraying program. An answer has to be provided by April 18th to be considered for the program. Mr. Houser noted that it's probably easier to get out of the program than it is to get into it. The Mayor said the matter should be discussed under new business and labeled it item number 26 on the agenda.
Committee and Ward Reports
CM Feldberg reported on the availability of the PG Municipal Association Scholarship Program. It is for high school students who have been accepted into a college, as well as for undergraduate, and graduate students, for up to $1,000. The application is not difficult to complete and priority is given to applicants who live in a municipality. Those interested should contact CM Feldberg through town office for an application.
She announced that a resolution, announcing celebration of Riverdale Park Arbor Day on April 26th would be read later in the evening. Celebration of Arbor Day was also part of the effort to gain Tree City USA status for the Town. A tree will be planted on school property if they are interested in participating.
Another resolution will be read that would possibly change Public Works schedules and fees.
CM Blaschke was absent
CM Tiberio announced the death of several residents: Mary Gamble of Ward 4, Mrs. Voigts mother who lived across the street, and Ronald Fisher of Ward 1 who was two days from retirement. All were longtime residents.
The Finance Committee met prior to this meeting to look at revenue, expenditures, and projects, and they expect to be on target this year.
CM Davis is working on code issues. High profile issues along major highways will be taken care of over the next few days.
Residents on the 4500 and 4600 blocks of Oliver St have requested that permit parking and parking issues in general be revisited. A meeting will be scheduled for the end of April.
CM Davis said she's not sure where the tree planting budget stands currently, but residents calling about trees are being placed on a list. If they cannot get one to you this spring, you will get one the next fiscal year so please keep calling.
There is a significant chunk of money for the digging/overlay work WSSC has been doing this current season and last fall. She regrets this will probably mess up most of Ward 4 neighborhoods for the summer, but they will enjoy a brand new infrastructure when the work is done. That's a good deal for a neighborhood that's been around since 1890.
When a call comes in about street lights on the PEPCO light poles in dark areas, the information is forwarded to the Public Works Director, Mr. Houser. He checks to see if it's only a matter of trimming the trees to open lights currently existing, and if not, PEPCO is contacted about placement of a new light. It takes them a few months so patience is requested.
It's the time of year for 6 foot fences. Please remember, when you go for a county permit, you need to get a Town permit as well. The council needs to vote on it in council meeting, but it's an easy process.
CM Davis thanked the residents of Ward 4 and the Town, who came to the aid of Maryann Thrift. Her Victorian house on 47th Ave caught on fire last month. The insurance company is working with historic sensitivity during the replacement process.
An Assistant Town Administrator will begin on working on April 15th. She will work in Mr. Prangley's place when he is out of Town and will assist him, but her primary responsibilities will be Economic Development. Once she gets settled, CM Davis will set up a meeting with the Council and residents (sometime in May) to discuss Economic Development issues in Riverdale Park.
CM Davis has also been in touch with College Park, University Park and Hyattsville colleagues, about a cross boundary acquisition of a Fresh Fields or Trader Joe's somewhere on Route 1. They hope to have a plan in place in May to discuss pursuing these two companies.
Her family had Easter dinner at the Calvert House at 2:00pm yesterday, but church was still in session so parking behind the restaurant, at the Lock Shop, the Dentist's office lot, and in spaces all over the neighborhood were full - behind and around the business district. She said regardless of what happens with Eckerd, that problem needs to be taken care of immediately.
An architecturally sensitive presentation/proposal was given at the worksession by Erazio Puglisi, property owner on Route 1 near Harrison Ave. He would like to build a three story complex where the Subway is now located. Subway would move into the new building with offices on the second and third floor. He hopes to be back again in a few months.
Riverdale Business Association will meet on April 9th
Preservation Association of Riverdale Park will meet May 16th at 7:30 at Town Hall. A visioning meeting will be held May 18th at 10:00
The Town will know in about six weeks if we will receive its National Historic District Status. Residents in that district received a packet of information, the application process for the tax credit in a historic district. This was sent to explain now, what you need to document changes made to your house, including photographs and other items, to qualify for tax breaks. Please read this before you lift a finger to do any work to your house, to know what to do to qualify for a significant tax break. Please call 301-277-6615 if you have questions.
CM Almirez was absent
CM Scott said she had nothing for the Public Safety Committee this month.
She thanked Mr. Houser for his diligence in getting the state to come out and clean up EW Highway. The Town is looking for a business who will adopt that strip of highway to keep it clean. All that is required is that folks come out four times a year to clean up.
CM Scott thanked residents who came out for the March 25th Riverdale Rd walk to look at improvements that were made. A lot of Ward 6 residents come out to see what was going on and say thanks for the work that was done. Most thought it was a huge improvement.
The Mayor thanked participants of last weekend's Easter Egg Hunt (and egg toss) on the Mansion grounds which was very, very well attended. He thanked the Recreation Committee and Ms. Tuscano, who did an outstanding job on the event.
Fire Department Report
No one present
Mayor Herman announced that this Public Comment section (the first of two in the meeting), would be limited to three minutes from now on. He has repeatedly been asked to shorten this section of public comments by some who think the public comments get lengthy, and become a debate and dialog, on matters that may be addressed later in the meeting, or at another meeting. This is being done in order to get to action items for residents in attendance and those watching, or who are waiting for information on a specific issue. Those with detailed comments requiring more time and attention will be accommodated later in the meting.
Alan Dombrowski, 5023 Riverdale Rd, asked who decided to limit the publics comments to 3 minutes. Mayor Herman said the decision was based on conversations with residents and colloquies, noting that extensive comments and filibusters are welcome at the end of the meeting. He then reminded Mr. Dombrowski that he had 2 more minutes. Mr. Dombrowski said it seemed that someone has forgotten who is boss, and said the public, and the people of the Town, are the boss. If someone has something to say that takes more than 3 minutes, no one has the right to tell him or her to shut up. That infringes on a citizens first amendment rights.
Gerard Kiernan, 5309 Riverdale Rd, asked two questions. He said the Mayor addressed Ms. Blaschke's absence. but not his Councilmember's absence (Mr. Almirez). He asked how the meeting went with Sawyer Management about parking. He also asked about the revised minutes from the Eckerd meeting that were promised. The Mayor asked about them and CM Davis said there were places where she couldn't tell who was speaking. She asked whoever was transcribing them to call her and she might be able to help fill in who said what. The Mayor said they'd try to make those available by the next meeting.
The Mayor said there is a Sawyer representative he's attempting to deal with who is not returning phone calls. A tersely worded letter will be sent this week. The Town was trying to act as a liaison about parking on Sawyer's property, but since we have no actual authority to tell them how to handle parking on their private property it will be difficult following through. He's hoping they will be able to generate a meeting.
David Appel, 6311 49th Ave, announced a new initiative. A committee has been formed called the Riverdale Park Community Committee For A Quieter Neighborhood. The main thrust is to discover potential possibilities to restrict, or eliminate train whistles/horns in our community. The end would create a more pleasant community during evening hours, and increase property values. During evening hours the whistles/horns can be “somewhat obtrusive”. The committee understands that a certain type of gateway that would prevent any vehicles from crossing the tracks when a train is approaching, or crossing, could create the possibility, under federal law, that no horns would be used whatsoever. The committee will be coming around to residents homes getting a petition together so the Mayor and Council can further advance discoveries for this type of solution. The Mayor thanked Mr. Appel, noting that other public vehicles were available to get word out about this initiative. He said they will take action when something is presented to them.
Approval of Minutes
Approval of the March 4th Regular Legislative Meeting minutes was deferred until the May legislative meeting so changes could be submitted and made prior to approval. The motion was made by CM Tiberio and seconded by CM Feldberg. There was unanimous consent to defer approval until the next regular legislative meeting to submit changes. CM Scott asked about approval pending revisions, but the Mayor noted that there were gaps to fill in and everyone should know what was submitted. Comments/changes were requested by weeks end (Friday) to Town Hall.
The motion to approve the March 25th Special Legislative Meeting minutes was made by CM Davis and seconded by CM Tiberio.
Gerard Kiernan, 5309 Riverdale Rd, suggested that the entire paragraph be deleted beginning with, “Mayor Herman said that the last time members of the ethics commission was appointed was March 2, 1998”. Mr. Kiernan pointed out that the August 2000 Town Crier reported that in June 5, 2000. under council actions (regular legislative session) that the Council approved reappointment of the Ethics Committee: Ward 5 - Chair, Len Perry, Ward 4 - Edward Chambers, Ward 1 - John Catlett. There was a valid ethics commission through the beginning of June 2001. The Mayor said it was 2002. CM Tiberio made the motion to amend the minutes to remove that paragraph if it's in error. CM Davis seconded the motion. CM Davis made another correction noting that Mr. Catlett lived at 4716 Oliver St.
The Council approved the amendments to delete the paragraph as suggested, and amend Mr. Catlett's address. The motion to approve the amended meeting minutes passed unanimously.
None were requested
Request for Additional PEPCO Pole on 43rd Street (Ward 4)
CM Davis made the motion to put a PEPCO light in the vicinity of 43rd and Queensbury (there are several poles there to choose from). CM Tiberio seconded the motion. She said information was received from residents at that intersection and at 6200 block of 43rd about 2 stolen cars and two vandalisms. The police recommended residents contact her saying the dark is conducive to crime and that a light be placed there. There was no public comment. The motion passed unanimously.
Changes in Public Works Procedures (Public Works Committee)
The Mayor noted that this item on the agenda was redundant so they moved to the next item.
Resolution Changing Fee Schedule for Heavy Pick-Up and Specialty Items, Schedule Change (Resolution 2002-R-1) (Public Works Committee)
The motion to pass Resolution 2002-R-1 was made by CM Feldberg. CM Scott seconded the motion. CM Feldberg explained the reasoning behind the resolution. Mr. Houser, the new Public Works Director has reviewed the efficiency, and operations of Public Works, and came up with these recommendations. The main reason is to work more efficiently with the current equipment they have, and to incorporate more recycling efforts than what was done before. In particular, yard waste that is taken to a different location than the landfill, and is then returned as mulch for the citizens for free. The other major change is that a lot more money can be made from recycled metals that are separated.
The Mayor indicated that she could suspend reading the resolution as it was read before, or she could read it. CM Feldberg said she would read it aloud since it had not been read in this form.
CM Feldberg also announced that the spring clean up date, set for May 20th, is the last time that tires will be picked up for free if this resolution is passed.
CM Tiberio said he still believed the items in the resolution should have been itemized separately for voting as separate items and not as a whole package as he had stated at the Work Session. He said he'd heard from many in his ward on the subject and thought that when they tabled the matter at the last meeting, that it would be in the Town Crier one more time, in clearer language, and with a brief summary of what is proposed, but it wasn't. He has received calls and people have come by his house about it. He said he wanted to state very clearly that he is not opposed to the whole thing. He has no problem with yard waste collection and thinks separate collection of that is great. He is opposed to four day garbage collections - it's a system we had for years that we got rid of. He's opposed to A & B. He has no objection to having fees for pick up of items listed. He said though he wants to see how someone would measure bulk trash as to what's 3, 4, 5, and 6 cubic yards. Will they have to measure with rulers? Since there was not a breakdown of items as he'd asked, he wanted to make a motion to amend the resolution to define this as four different items as lined up at the last session so a vote can be taken on each. The Mayor asked if there was a motion. CM Tiberio said the paragraph, “wherefore it be resolved......” referring to collection of North and South, four day a week pick up as one section. The other should be of fees for pick-up and disposal (of things not picked up before). Another separate section should be that of heavy bulk trash/cubic yards.
The Mayor summarized that there was a request for an amendment to break down Resolution 2002-R-1, to three separate motions, dealing with Part I, Part II, and Part III. CM Davis seconded the motion. There was no public comment. The vote was 2-2 so the Mayor voted to break the tie. He voted against the motion so the amended motion failed.
The Mayor referred the discussion back to the main motion. CM Davis said she was very pleased there will be yard waste recycling. She is also pleased there will be pick up of items they were previously unable to collect. She strongly supported both of those items. She said some are under the misconception that she is opposed to those two because she didn't support changing the trash pick up schedule. She thanked Mr. Houser for coming up with the new proposals. She said she can't support the entire motion with the change in the schedule because the Town is about to be approached by Riverdale Heights about annexation, and that will drastically change the number of people the town will be servicing for trash pick up. That, and the Town's uncertain financial situation leads her to believe that now is not the time to try this. The Town needs to find out how many people we will be serving, and how much money we will have to serve them with. The Council's primary responsibility is for the fiscal safety of the Town of Riverdale Park, and that is what she is basing her decision on. There is too much information that is unknown, and if for some reason we have to revert back, people will be confused for a couple of months to a year. When it does change, she wants it to work, so she can't support the resolution.
The Mayor responded to the points made. Section II that CM Tiberio referred to, are about items we don't currently pick up. special handling is involved in some of those items, so there is a special fee because there's a special pick up In regard to the third section of the motion CM Tiberio spoke of, the Town charged a fee in the past for bulk trash pick up when it was excessive. The Mayor reminded everyone that a few months ago, he suspended the charging of anyone for bulk trash pick up because he wasn't convinced that administratively there wasn't a standard. The Town has historically charged for bulk trash. The resolution puts a mechanism into place that makes it objective and ensures that everyone is treated. He referred to photo's Mr. Houser was handling that would confirm the size of a pile, rather than trying to measure its dimensions. Estimates will be made conservatively to the benefit of the residents. Fees can be challenged for bulk trash pick up where there is photographic evidence.
The Mayor reminded everyone that the last part of the resolution read stated that the Director of Public Works shall establish procedures and regulations for accomplishing this (it's not let's adopt this and we now know how to do it). Procedures will be established to be sure it's done fairly, effectively, and so everyone in the Town is treated fairly.
In regard to the first section, the changing of the schedule is designed to effectuate greater cost efficiency in terms of the use of the staff. The Mayor and Mr. Houser had discussed what could be done more effectively with a limited number of people doing trash four days a week, versus having the entire department doing it two days a week. Some of the things that could be done any day of the week are; special pick-ups (any day of the week), more proactive tree care, staffing available to do signage repair, replacement or installation (as directed by the Council), street repair and cleaning (done in house rather than contracted out), tree trimming and stump grinding (done in house rather than contracted out). It also assures that trash trucks going to the landfill will be full. It will enhance local park maintenance, and allow for free mulch at the town hall any day of the week. There is now added maintenance for the 100 new lights on Riverdale Rd, as well as other activities Public Works staff will be available to do any day of the week.
The Mayor said when Mr. Houser was hired, he was asked to demonstrate initiative and greater cost efficiency ideas. He said he disagreed with CM Davis. He said the schedule would need to be changed regardless of annexation, and it will be absorbed if resolution passes. The Mayor complimented Mr. Houser for taking the initiative the Council asked him to undertake, and to make a presentation of this.
CM Tiberio said he had to respond to the Mayors comments. He said everyone isn't involved in garbage pick up now. Public Works has all day Tuesday and Friday to perform the functions the Mayor mentioned. Everyone isn't required to do heavy trash pick up. He said there must have been a lot of time left before because we've been doing it until now. CM Tiberio said he was regretfully going to have to vote against it. He didn't want to, instead he'd wanted to vote on parts of it.
The Mayor asked Mr. Houser if he wanted to address any of the comments made. Mr. Houser said one of the concerns mentioned was that the trucks would be on the street four days a week and though they would be, they wouldn't be on any given street any more than before. The yard waste program as it is now, is inefficient. A lot is being done by pick up trucks, and there is a lot of wasted time. Another factor is the weather. He said often crews are available for various tasks on non trash days, but many jobs can only be done in fair weather.
There were no public comments.
The Mayor called Resolution 2002-R-1 to question. The vote was 2 - 2. CM Tiberio and CM Davis opposed. The Mayor cast the deciding vote in favor of the Resolution to break the tie. The Mayor asked Mr. Houser to prepare procedures and protocols the council can review. He will discuss a notice that will be delivered to residents. Mr. Houser suggested they will also prepare a map of Areas A and Area B.
Ordinance introduction for clarification of acceptable trash receptacles (Resolution 2002-OR-1) (Public Works Committee)
CM Feldberg introduced Resolution 2002-OR-1. The Mayor reviewed that it had to be introduced with first reading (whether read or waved), and printed in a newspaper of general circulation or the Town Crier before being voted on in a regular legislative meeting.
CM Feldberg explained that the resolution is a definition of what type of garbage container is accepted in Town. The Mayor clarified that it required that regular trash must be in a 39 gallon capacity maximum, tightly fitting lid container. He also pointed out that an exception was carved out for residents who still have the free standing metal system from the 1960's - they are the exception if they are “in good working order”. Trash will still be picked up from those if the ordinance is passed. Mayor Herman noted that the motion was properly moved, and instructed Mr. Prangley to have Ms. Zorns place it in the next edition of the Town Crier.
Resolution to establish 10 permit parking spaces on Riverdale Road for teachers at Riverdale Elementary (Ward 2 and Ward 3)
CM Tiberio made the motion to establish ten permit parking spaces on Riverdale Rd as outlined and defined by the Chief of Police, and Public Works Director. CM Davis seconded the motion.
CM Tiberio explained the motion is to establish additional parking for the teachers because they don't have enough room currently. The ten spaces would be on the north side of Riverdale Rd coming from the bridge to the school during certain hours. The Mayor confirmed that the Council sets the hours, and suggested the time would be from 6:00am to 6:00pm, Monday through Friday. He clarified the spaces are on the 5000 block of Riverdale Rd, as close as possible to the River - the first ten spaces coming west from the bridge.
CM Davis asked if they were going to set a fee for the permits, and if they were already in stock. The Mayor said there would be no fee, that the permits are part of the new covenant of cooperation with the school in support of public education in our community. They will be given to the Principal for distribution to ten of her teachers. CM Davis asked about the spaces during summer school and summer playground. The Mayor suggested leaving it the way it is to see how it works and they could adjust it later if needed.
Gerard Kiernan, 5309 Riverdale Rd, said he wanted to adjust the Mayor's last comment. He said the resolution wording didn't take into account that the police would still ticket those spaces if used by non permit holders during hours when school was not in session. He noted the resolution didn't take into account whether school was open or closed, and the police would have to ticket anyone who parked there without a permit. The Mayor clarified that he meant that there would be ample parking. Mr. Kiernan said the way it was resolved, the permit parking would be in affect 6:00am - 6:00pm, Monday through Friday, year around.
Alan Dombrowski,.5023 Riverdale Rd, asked about the parking spaces in proximity to the bridge. The Mayor clarified that they were talking about the first 10 parking spaces where parking spaces already existed.
The Mayor clarified that the resolution was to establish 10 permit parking spaces for teachers at Riverdale Elementary School from 6:00am to 6:00pm, Monday through Friday, at the easternmost stretch of the 5000 block of Riverdale Rd. The motion was seconded by CM Davis. The motion passed unanimously. The Chief agreed to handle administrative matters related to getting the permits to the principal.
Approval of appropriation to reconfigure parking spaces on 5000 block of Queensbury Road (Ward 2)
The Mayor said this matter was discussed at the Work Session, and since then, an estimate of $12k was distributed to everyone.
CM Feldberg asked if this was the configuration where the school would give up property. The Mayor said it's the configuration where the school provides an easement so the fence can be moved three feet. CM Feldberg asked if the school had agreed to that. The Mayor said they need a motion to begin discussion.
CM Tiberio made the motion to table the topic until the May legislative meeting since they haven't had discussions with the school yet. CM Davis seconded the motion.
The Mayor asked if a matter could be tabled that hadn't even been introduced, and felt the motion to table might not be in order. CM Tiberio said he'd make the motion to remove the item from the agenda then. CM Feldberg said if they did pass the motion, it would let the school know we're ready to do something, and all we're waiting on is their approval. CM Tiberio said we're also talking about spending $12k. The Mayor said the motion to table was in order, and reminded everyone it was a non-debatable motion. CM Davis asked if they could table until a time certain. CM Tiberio said they would table until the May legislative meeting. The motion passed unanimously.
Award of contract to HADCO for additional lights for Riverdale Road; Motion to suspend competitive bid process (Ward 1)
The Mayor explained that they'd asked HADCO, provider of the lights for Riverdale Rd, and Queensbury Rd, to provide an estimate for additional lights on Riverdale Rd. The request was for five lights. The bid estimate was $1,700. each.
CM Feldberg made the motion to sole source the contract to $8,500, for 5 additional light poles from HADCO for Riverdale Rd, and to suspend the rules on competitive bidding pursuant to the charter and grant the sole source contract to HADCO. CM Tiberio seconded the motion.
CM Tiberio asked if this waived the bidding requirements. The Mayor said the motion was to waive the bidding and purchase five separate lights.
CM Davis asked where the lights were to be installed. As requested, the Mayor said he had approached Dumm's Market owner, Pete Spiropoulos, who had originally asked that the lights not be installed in front of his store since they would disturb the new infrastructure that he had paid for himself. After seeing the new lights, he asked if one could be placed in front of his store, and one across the street from his store. The additional cost is roughly $1,700 per light, with the labor and light cost to do it now, as opposed to doing earlier when other work was done. The additional cost to the Town would be essentially $3,400 over and above what was expensed. Mr. Spiropoulos was asked if he would make a contribution if they decided to put the new lights in. He notified the Mayor that he would contribute $1,000 towards the new lights (even though they would be owned by the Town).
Two of the five lights will go in front of, and across the street from Dumm's. Two are replacing lights damaged in accidents. The last light was to get a price break. Mr. Houser explained that two are replacement lights, but one light was lost to an accident on Queensbury as well (and noted that these are different than the ones on Riverdale Rd). He'd learned that the company may also honor the original price provided for the larger project/purchase from January, which would provide an even more significant price break than is expected.
CM Scott asked if the people who caused the accidents are being charged with replacement of the lights that were damaged. The Chief verified that insurance information taken at accidents is being forwarded for reimbursement. CM Tiberio explained that the Town's insurance company is representing the Town, and is handling the reimbursement. CM Tiberio asked if reimbursement had been received and Mr. Prangley said the claims are subrogated and the Town should receive the money very soon. CM Tiberio asked where the money was coming from for the other lights. Mr. Prangley said the money for the two new lights to go in front of Dumm's Corner would come from the Riverdale Rd Grant Program.
The Mayor said at the request of CM Feldberg, the Town has approached the state about financing three additional lights going up Lafayette towards Queensbury so there is integration of the decorative lighting from Riverdale Rd to Queensbury. There is no official confirmation yet, but there is an understanding, and they believe very strongly that they can do it. He agreed it wasn't money in the bank yet, and the point is that it relates more to the next agenda item. He thinks the purchase of five would be prudent, since occasionally one goes out and it would be wise to have a few in stock. Purchasing the five will also allow us to do the Lafayette section with lights in stock (2 or 3). Mr. Houser pointed out that they would have no spares left then and that the ones on Queensbury are different. He understood that as many as five might be needed near the Sun Trust Bank and there were only four left. These are different and if we want them to match, we will need to at least buy the old polycarbonate lenses for those lamps. The Mayor verified the only difference was the lenses (not the base).
The Mayor suggested there were a couple of ways to do this (earmark five, amend the motion to get six to have an extra one in stock). CM Davis asked where next price break was. Mr. Houser said he didn't know, but reiterated the possibility that they might get the original price still.
The Mayor and Mr. Houser verified that they have four of the old style and three of the new. To do Lafayette and Riverdale Rd, a maximum of five are needed. An additional one was needed to complete Route 1 (making six altogether). The Mayor verified that five are needed for Route 1, leaving two. A maximum of three are needed to complete the project, but they get a price break at five. Mr. Houser said they need two for Dumm's and three for Lafayette - CM Feldberg didn't think three, maybe only 1. The Mayor said if they get five they should be ok
The Mayor reiterated that the motion
Gerard Kiernan, 5309 Riverdale Rd, suggested they increase the amount to $9,000 to include shipping. He reviewed the count discussed and what was needed, noting they needed an additional Queensbury Rd style and that was an additional $150. The Mayor and Mr. Kiernan agreed that the price should be $9,000 to include extra's.
The motion to sole source the contract, not to exceed $9,000, for five additional light poles for Riverdale Rd from HADCO, and to suspend the rules on competitive bidding pursuant to the charter and grant the sole source contract was made by CM Feldberg and seconded by CM Tiberio. (The motion was amended to $9,000.)
Award of contract to Trans Metro for installation of additional lights for Riverdale Road; Motion to suspend competitive bid process (Ward 1)
The Mayor said Trans Metro said they'd do each light for $2,500 (including installation and reestablishing the supporting infrastructure). If done for just Riverdale Rd, there's a good possibility of reimbursement out of the grant ($5,000). If they extend work up Lafayette, there may be an additional $5,000 - $7,500, and that may or may not be covered under the grant. The Mayor proposed a couple of motion options (to do the two lights in front of Dumm's, then a approve a separate motion), and asked for the Council's pleasure. He noted if it's only for $5k, they do not have to competitively bid it. CM Tiberio said it's best to have it in the record.
The motion to award the contract to Trans Metro, for installation of two lights on Riverdale Rd (for Dumms) for an amount not to exceed $5,000, and to suspend the competitive bid process was made by CM Tiberio. The motion was seconded by CM Scott. The motion passed unanimously.
Annexation of Jemal's Calvert Kenilworth (Ward 2)
CM Tiberio explained the charter amendment's intent to expand the Town's corporate boundaries to include Jemal's Calvert Kenilworth LLC Office Park. Mr. Jemal has already agreed and signed the paper's to annex the properties into Riverdale Park. No special considerations were given. There are no tax breaks over 5 years that have sometimes been done for commercial properties. It's a straight annexation that he agreed to as he wants the properties incorporated into the Town. All the details are included in the Resolution. The full text will be included in a newspaper with a summary in the Town Crier.
CM Tiberio introduced, for approval, Resolution 2002-CR-1, to enlarge the Town's corporate boundaries to include Jemal's Calvert/Kenilworth LLC Office Park (6811 and 6715 Kenilworth Ave and 5711 Sarvis Ave - four office buildings across the street from the Elks Lodge).
The Resolution will be acted on at a special legislative session, for adoption for annexation after it has run in four consecutive publications followed by a public hearing held on May 13th. Notice will also be posted outside of Town Hall
Resolution supporting transferred license from Comcast to AT&T for town-wide cable service
Resolution Concerning Arbor Day (CM Feldberg)
CM Feldberg made a resolution proclaiming April 26th, 2002 as the first official celebration of Arbor Day in the Town of Riverdale Park and that it will continue every year on the fourth Friday of April. There was unanimous consent on the proclamation.
CM Davis said she remembered celebrating Arbor Day in Riverdale Park as a child so this might not mark the “first official” celebration of Arbor Day but it would certainly be a return to it.
Recognition of Earth Day
In response to the Mayors request, the Council agreed to unanimous proclamation that the Town of Riverdale Park recognize Earth Day on April 22nd.
Items of Unfinished Business
CM Tiberio made the motion to award a sole source contract to Trans Metro Corporation for two - three lights on Lafayette (depending on how many are needed), suspending the rules pursuant to the charter for a fee not to exceed $7,500 on condition that the State of MD grants use of that money and work as part of the Riverdale Rd lighting project. The motion was seconded by CM Feldberg.
CM Tiberio noted they do have that kind of money left in the grant, but it's a question of whether they would authorize extending the project another block. The Mayor confirmed that if they did not approve extending the project, the motion would not pass and they would come back to the matter at a later date. The motion was to grant subject to approval.
The conditional motion passed unanimously.
Items of New Business
The Mayor noted that someone in the audience. The Mayor said there's no need to take legislative action regarding the items remaining on Riverdale Rd at this time. A punch list has been created (not yet with the full cost) and the compensation will be worked out and determined administratively if the Town, or engineers, or contractors, are paying any portion. It will be addressed at a future meeting.
The Mayor referred to the letter/notice Mr. Houser mentioned about the mosquito spraying program. The Mayor read, “If you want to be considered...”, stating they haven't' decided if they are going to do the program yet. CM Tiberio said if they weren't sure yet, they shouldn't make a motion. His ward is one most affected and if they do it that they also consider doing it in the adjacent Ward 3 as well (mentioning creeks, ditches, woods, and wetlands where breeding goes on all summer long) They've been addressing the problem with pellets.
Mr. Houser said the letter is open ended, but he believed it was talking about two different spraying programs. The last paragraph read that “spraying would only be done only when population of affected/vector (?) species reached certain threshold levels”. CM Tiberio agreed but said he'd like his ward considered if they do. CM Tiberio made the motion that Ward 3 and Ward 6 (adjacent to the drainage ditches) be considered for the program. These are the places the mosquito expert pointed out are breeding grounds.
The Mayor restated CM Tiberio's motion, to approve/enter the program for limited spraying in Ward 3, 5 and 6, The motion was seconded by CM Scott.
The Mayor asked Mr. Houser if the Town entered into the program, if they could later back out before they start spraying based on additional information. Mr. Houser said he hoped so and is considering reinstating limited spraying. He said the letter is very open ended. CM Tiberio agreed and said they may never do it. CM Feldberg asked if they were speaking as the program's representative and said they have to have a representative contact all the people who do not want the spraying to be done. The Mayor said that would be done administratively through Town Hall.
The Mayor said the Town has had a history of not spraying for many years b/c though they say it's not as bad as.... it does have environmental degradation, it really does have an environmental impact. The spraying in Ward 5 and Ward 6 would affect the flood plain going into the watershed. CM Scott said she understood but in the past few years, the problem has become so bad that people can't be outside day or night. The problem is overcoming us and dead crows have been found all through our community. She believed it would be done with as little environmental impact as possible. CM Tiberio said he didn't want it through the whole ward, just in the areas with standing/stagnant water.
CM Davis said/read that “the Maryland Department of Agriculture's policy is to leave a 300 foot buffer around any spray objector. The only exception to this policy would be if a county health officer requests spraying in an area due to a disease situation.” CM Tiberio noted that dead crows were found up and down his street that tested positive (for W. Nile Virus).
Al Dombrowski, 5023 Riverdale Rd, said because of the amount of trash laying around in any of the creeks anywhere in Town, you'd be spraying for nothing since all the mosquitoes have to do is hide or be under the trash when the spraying occurs. You can spray all around them but if they're under cover it won't matter. Someone needs to clean up the trash. CM Feldberg suggested he organize an Earth Day clean up. CM Tiberio said he talked to DPWT about cleaning up trash and stagnant areas in both ditches in his Ward. They said they were going to come back and do it. He said he's seen Park and Planning clean up but visitors throw it all back in again.
Mr. Dombrowski said some is brought on when the river overflows and plastic bottles are left with even small amounts of water where mosquitoes stay and lay eggs. He mentioned the people who planted the trees along the river clean up once a year but the park said they'd provide the bags and the trucks. The Mayor said if Mr. Dombrowski organized a community clean up with volunteers, the Town will supply the trash trucks, bags, and equipment. The Town would embrace that and support him 100%.
He suggested contacting the state to get a road gang to clean up, or approach the judges for people assigned to community service. If not, it will fall back on individuals for clean up. Either way it will have to be cleaned up.
The Mayor said he has a great deal of concern for the resolution, sharing the sentiment of people regarding people having full use of their premises but aren't able to do this because of the mosquitoes. He's acutely aware of Riverdale Park's unique situation in it's relationship with the Chesapeake Bay watershed and has great reservations about spraying. The only concern he has in regard to the current program is that he doesn't know what type of spraying they use - is it the same kind of spraying that was discontinued 10 years ago (because of it's weakening affect on the shells of songbirds and other animals - similar to the affects of DDT). It also had a destructive affect on the ecological lifecycle of crickets and other insects. The 300 foot buffer zone is not a buffer zone that will prevent any of the contaminants from getting into the watershed. It might prevent individuals from being affected but it will still have environmental impact.
Mr. Prangley said they just received the letter, and though there is a deadline of April 19th, the statement at the bottom says, “be aware that this program is still under consideration and may not be implemented immediately”. He said Janine is very responsive, he thinks they should call her tomorrow and ask her to come to the next worksession. April 19th is short notice for a deadline, further deliberations are needed, there are still unanswered questions, but Janine would be happy to come out. The Mayor said April 19th is the cut off date and the next worksession is after that. Mr. Prangley said it's not a key deadline (like a grant) and he, Mr. Houser and CM Tiberio agreed that there was nothing to stop them from passing the resolution, have her come and they may not even do the program. Mr. Houser said it says we will not be considered if we don't notify them, so we probably should and work out the details. If we don't want to participate after that then we cancel.
CM Feldberg seconded the motion.
The Mayor called a vote on the motion. The motion passed unanimously.
Gerard Kiernan, 5309 Riverdale Rd, said since discussions regarding annexation of Jemals, (including the empty lots) had been going on since sometime in December when he was chosen as the Town Center developer, why hasn't MNCPPC been approached about adding their office building and completing the boundaries. The Mayor said they have not been approached because they had no fiscal impact on the Town but they will be approached. Mr. Kiernan said they'd have to go through the resolution process again, but the Mayor said he understands there are multiple ways that they might be annexed.
Mr. Kiernan asked about the parking resolution that was tabled. Did that $12k proposal include the parking spaces closer down to the traffic circle at the end of the parking lot? The Mayor said yes. Mr. Kiernan said that property is not owned by the Town of Riverdale Park and asked if the Town had approached MNCPPC (the property owner) about doing the work. The Mayor said they had not resolved all the details yet and that's why the matter was tabled.
The motion to adjourn was made by CM Tiberio and seconded by CM Davis.
Minutes prepared from videotape.
DATES TO REMEMBER
Adult Literacy Class, April 2nd, 2:30pm at Town Hall, (note: class every Tuesday and Thursday through May, 2002)
Traffic Study Committee, April 2nd, 7:00pm at Town Hall
Recreation Board, April 8th, 7:30pm at Town Hall
Madison Hill HOA, April 9th, 7:00pm at Town Hall
Earth Day, April 22nd
Employee Appreciation Day, April 24th
Arbor Day, April 26th
Council Work Session, April 29th, 7:30pm at Town Hall
Riverdale Business Association will meet on April 9th
Preservation Association of Riverdale Park will meet May 16th at 7:30 at Town Hall. A visioning meeting will be held May 18th at 10:00