This
Report is brought to you by former Councilman George F. Wiggers as a public service
to the Citizens of Forest Heights. It contains Town news, facts and editorial opinion
for citizens
interested in community affairs. Town
citizens are encouraged to share information posted on this website
with neighbors who do not have internet access. Views expressed on this
website are those of the editor and are not official statements of the
Town government.
If
you would like to be notified of updates to this website, please
send an email to: editor@forestheights.biz.
Headline
News Town
Election ResultsMarch
10, 2011 At the conclusion of voting in the Forest
Heights general election on March 9, 2011, the following results were
announced (incumbents are listed in
italics):
For Mayor: Andrea
McCutcheon 85; Jacqueline Goodall107; Myles
Spires 25; Larry Stoner 86.
For Ward I Council seat: Robert Barnes 11
(write-in votes).
For Ward II Council seat: Clifton
Atkinson 41; Anne Reifsneider57.
For Ward III Council Seat: William E. Clarke Jr.55; Taunya
Hines 47.
Congratulations to the winners!
Elected Official SalariesMarch
10, 2011 At the February legislative session, the
Council approved raising the salaries of elected officials to $5,000
annually for the Mayor, and $2,000 annually for Council members. This
brings those salaries in line, adjusted for inflation, to where they
were in 1986 when they were last increased. Council members who were
not up for election this year, will not receive the increase until
after the 2012 election.
Judge
Rattal Upholds CouncilFebruary
14, 2011 Judge Nicholas E. Rattel ruled against
suspended mayor Andrea McCutcheon's law suit seeking damages from the
Town of Forest Heights, and upheld the Town
Council's suspension of her Mayor. Prince
George's Gazette story on the ruling. Correction: Judge Rattal's decision did
not rule on the damages portion of the complaint. See Letters to the
Editor.
Judge
Rattal to Rule on Lawsuit February
10, 2011 At the Prince George's Circuit Court hearing on
Monday, February 7, 2011, Judge Nicholas E. Rattal said he would render
his decision Monday, February 14, 2011 on the suit brought by Andrea
McCutcheon and Myles Spires. A more detailed report was posted by the Prince
George's Gazette.
Town Council Workshop Meeting
February
10, 2011 At the February 7 workshop meeting, the Council
discussed raising the salary of the Mayor
and Council members to $5,000 and $2,500 respectively. The current
salaries were last set in 1986, and the proposed increase would roughly
account for inflation since that time. Salaries for the Mayor and
Council members are governed by Section 33-3 of the Town
Charter.
It specifies that salaries must be set by ordinance, and shall not be
changed during the term in which the official was elected. For example,
if the salaries are changed prior to the next election, March 9, 2011,
only the newly elected officials would receive the new rate when they
are sworn in. The Council members who are not up for election this
year, would have to wait until after the March 2012 election to be
eligible for the pay increase. Maryland Article 23A, Section 2 (b) (26)
authorizes the Council to fix the salary or compensation of all
municipal officers and employees.
Also discussed at the meeting was requiring the Treasurer's
financial report to be submitted on a monthly basis instead of
quarterly, and allowing employees to transfer leave to one another.
McCutcheon
and Spires sue Forest Heights for $400,000February 7, 2011
Suspended Mayor Andrea McCutcheon and former mayor Myles Spires have
joined in a law
suit against the Town of Forest Heights. The case is to be heard
this morning in Prince George's Circuit Court in Upper Marlboro. In the
law suit, Count IV asks for $200,000 from the town and $500,000 each
from individual defendants (named Town officials), and similar amounts
under Count V.
The McCutcheon and Spires law suit harks back to the law suit Myles
Spires filed against the
Town in June of 2009. In that suit, Myles Spires sued the Town for
hundreds
of thousands of dollars related to his suspension as mayor and
subsequent prosecution by the State of Maryland for stealing from the
Town, misconduct in office and other offenses for which Spires was indicted by a Maryland Grand Jury.
Because of mistakes by the trial court, Spires conviction on some of
the counts, was later negotiated to a probation before judgment.
However, Spires civil action law suit was denied by Judge Michele
Hotten on June 25, 2011. Judge Hotten's ruling is current under appeal
by Myles Spires.
Much of the news regarding the Spire's law suit and the events leading
up to it can be found in this page, and the Forest Heights News Reportnews archive page.
Mayor
McCutcheon Suspended February
4, 2011 In a closed session on January 19, 2011, the Town
Council unanimously voted to suspend Andrea McCutcheon from her duties
as mayor of Forest Heights. The Council's resolution included
allegations of misappropriation of funds and refusal to provide the
Council with information it had requested. Mayor McCutcheon
subsequently filed a complaint
in Prince George's Circuit Court against the Council requesting a
temporary restraining order, writ of mandamus, and preliminary and
permanent injunctive relief. That case will be heard at the County
Court House in Upper Marlboro at 9:00 a.m. on Monday, February 7, 2011.
Former mayor Myles Spires was observed assisting Ms. McCutcheon in
filing those legal papers.
Forest Heights Official Web Site
February 4, 2011 We reported
here last year that the Town of Forest Heights had established an
official web site, http://www.forestheightsmd.gov/,
which we applaud as a major step forward for the Town to communicate
with its citizens. However, we have found locating information posted
on that web site is not completely intuitive. In particular, if one is
interested in the Town newsletter, and click on the Newsletter link on
the Town's home page, the browser then visits the Forest Heights News Report'spage for Forest
Heights Newsletters. We have revised that page with instructions on
how to correctly access the news letters on the Town's web site.
Another example is the Town's audit reports, which we had been posting
on this web site on our Budget & Finance
page. To access the latest audit report, we first went to "Document
Center" link on the Town's web site. We
clicked on the "Finance Office" link on that page, but
all we could find was the FY2011 Budget. We then went back to the
Town's home page, held the mouse of "E-Services" and selected "Archive
Center." Once we were on the Archive Center page, we
clicked the
drop-down menu under the "Budget" category, and found the FY 2009 and
other audits listed there. By again
selecting "All Archive Items" we retrieved a page which listed the FY
2010 Budget 3rd QTR Report and audits for fiscal years 2009, 2008
and 2006. [We don't know why the Town has not provided the FY 2007
audit report, but it available on our Budget & Finance
page.]
We hope the Town's web site will soon be corrected for the above
anomalies.
Upcoming Town Election February 4, 2011 The
following citizens have filed nominations for the March 9, 2001 Town
election: Mayor - Andrea McCutcheon
(incumbent), Larry Stoner (former acting mayor), Myles Spires (former
mayor), and Jacqueline Goodall (currently Ward I Councilwoman). Ward I Council Seat - No one
has been nominated for this position. The position will be filled by a
qualified write-in candidate receiving the most votes, or if there is
no qualified write in candidate, the Council will appoint a qualified
citizen from Ward I to fill the position. Ward II Council Seat - Anne
Reifsneider (incumbent), Clifton Atkinson (former Councilman). Ward III Council Seat -
William E. Clarke, Jr. (incumbent), Taunya Hines (former Councilwoman).
As in past years, this site will post campaign literature and flyers
distributed by candidates to the public, as well as other information
requested by the candidates. This information will be
posted on http://www.forestheights.biz/Election2011.html.
The page can also be accessed by clicking on the Voting and Elections
link on the top left of this page and then clicking on the link
near
the top of the next page for March 2011 election candidate campaign
information.
Forest
Heights Web SiteJuly
20, 2010 The Town of Forest Heights has established an
official web site, http://www.forestheightsmd.gov/. This site
has also been added to the Links to Other Sites
page. Readers of the Forest Heights
News
Report are encouraged to visit the Town's official web site and
explore the information it provides.
Myles
Spires' LawsuitJuly
1, 2010 Judge Michelle Hotten announced her decision on
Friday, June 25, 2010 regarding motions for summary judgment in the
lawsuit of former Mayor Myles Spires against the Town of Forest Heights
and other defendants. The Judge granted the defendant's motion for
summary judgment and denied the plaintiff's motion for summary
judgment. As a consequence the trial scheduled for July 26, 2010 has
been canceled. Mr. Spires has 30 days to appeal her decision. More
information on case CAL09-15765 can be obtained from the court's
information page.
At that page, check the agreement on terms of use, click continue, and
at the bottom of the next page select Prince George's County Circuit
Court, and enter the foregoing case number.
Citizens’ Crime Watch CampaignJuly 1, 2010 The
Neighborhood Watch Program and the Forest Heights Police Department are
sponsoring an event at the Forest Heights Municipal Building on July
17, 2010 at 2:00 p.m. including refreshments. For more information
visit the Forest Heights News Report's Events & Activities page.
Tree Canopy StudyJuly 1, 2010 The University
of Vermont is conducting a study of the tree canopy in Forest Heights.
According to their draft
report, "tree canopy provides many benefits to communities,
including improving water quality, saving energy, lowering town
temperatures, reducing air pollution, enhancing property values,
providing wildlife habitat, facilitating social and educational
opportunities, and providing aesthetic benefits." The draft indicates
that a tree canopy now covers about 33.9% of the Town's area.
Fiscal Year 2011 BudgetJuly
1, 2010 The Town has released the budget for the Fiscal
Year beginning July 1, 2010 and ending June 30, 2011. The budget has
been posted on the Forest Heights News Report's Budget & Finance page.
Municipal Building Green Roof
July 1, 2010 The work on the "green roof" of the Forest Heights
Municipal building has been completed (see image below) and the grass
is now "operational."
Special
Election ResultsMarch
24, 2010 The results of the special run-off election for
Ward III are Brian McLaurin (incumbent) 48,
Taunya Hines
38. The votes included two absentee ballots that went to Ms. Hines.
Special
Election Scheduled for March 24March 11, 2010 The Town of
Forest Heights expects to hold a run-off election on Wednesday, March
24, 2010 for Ward III. The need for the runoff election has occurred
because of the tie vote in Ward III in the March 10, 2010 election.
Town
Election ResultsMarch
10, 2010 At the conclusion of voting in the Forest
Heights general election, the Town Clerk
announced the following election results (incumbents are listed in
italics):
For Ward I Council seat: C. Lynn
Smith Barnes25,
Watisha Dixon 10, [2 absentee ballots cast in Ward I].
For Ward II Council seat: Jonathon Kennedy II74, Theresa
Brownson 18.
For Ward III Council seat: Brian McLaurin
23, Taunya Hines 23, write-in's for
John Bryan 1, and Kennedy 1.
Section 33-36 of the Town Charter states
that "In case of a tie vote, the Mayor and Council shall order and
provide for a run-off election between the tied candidates within
twenty-one (21) days thereafter." Section 33-3 states that "The
regular term of Councilmen shall expire on the first Wednesday
following the election and qualification and installation of their
successors." Section 33-27 states that "notice for runoff elections
authorized in Section 33–36 need only be within one week of the
election date." Section 33-31 states "Certificates for nomination are
not required in the case of a run-off election held as a result of a
tie in an election." Section 33-35 states that "All special Town
elections shall be conducted by the Town Board of Elections in the same
manner and with the same personnel, as far as practicable, as regular
Town elections. ... The Town Council shall amend the Town budget to
cover any expenses not otherwise appropriated for the conduct of the
special election."
Candidate DebateMarch
5, 2010 Citizens who were unable to attend the debate
Wednesday evening can listen to the debate by clicking on the following
link: http://www.forestheights.biz/CandidateDebate2010_03_03.mp3
The file is 10MB in MP3 format and can be played with Microsoft Media
Player or other suitable software. The recording is about one and
one-half hours long and features a debate among 5 of the six candidates
runing in the March 10, 2010 Town election. The was moderated by former
Election Board Chariman Freddie Colston. Listening to the file as a
streaming audio over a dial-up internet connection is not recommended.
For the RecordMarch 5, 2010 Councilman
McLaurin had submitted a complaint to the Maryland Open Meetings
Compliance Board regarding meetings of the Ordinance Committee of the
Town of Forest Heights. The Compliance Board found that the Ordinance
Committee and its subgroup did not constitute a "public body" regulated
by the Open Meetings Act, but also found that Town Council itself
violated the act when a quorum of its membership convened during the
meeting days in question. The full text of the Board's findings can be
found by clicking on the following link: http://www.oag.state.md.us/Opinions/Open2008/6omcb155.pdf.
Candidates to Debate March
2, 2010 The Town will host a debate among the candidates for
the upcoming March 10, 2010 election. The debate will be held in the
Municipal Building, 5508 Arapahoe Drive, on March 3, 2010 at 7:30 p.m.
Summons Issued for CouncilmanDecember 18, 2009 The
District Court for Prince George's County issued a summons (PDF Format) (HTML Format) on
December 15, 2009 for Councilman Brian
McLaurin on the charge of second
degree assault. The alleged incident took place in Forest Heights on
December 10, 2009 between the council member and the Town's code
enforcement officer Napoleon Epps. The matter was discussed at the
December 16, 2009 Town meeting. Officer Epps read a statement
indicating he was in the process of issuing a parking ticket when the
alleged incident occurred.
Fiscal Year 2007 AuditDecember 18, 2009 The audit
for the fiscal year beginning July 2006 and ending June 2007 has been
completed. It can be downloaded by clicking on this link
(The audit report is also accessible on the FHNR Budget and Finance page. The FY 2008 audit
has been reported as being completed and we expect post it when it
becomes available. The
FY 2009 audit, which is also overdue, is expected to be completed in
early 2010. According to Mayor McCutcheon, the Town has consulted with
the Maryland Department of Legislative Services, and they have approved
an extension on the submission date of the past due audits.
For the RecordDecember 18, 2009 The
November 18, 2009 Town meeting was initially chaired by Council
President Jonathon Kennedy until the arrival of Mayor McCutcheon.
During the initial public period, a citizen complained about his
trailer being towed by the Forest Heights police from in front of his
house. Mayor McCutcheon noted that an ordinance had recently been
passed and advertised in the Forest Heights News, and she further
described the administrative procedure for resolving issues involving
code violations. Mayor McCutcheon announced that former Councilwoman
Taunya Hines will be the Town's liaison with Forest Heights and
Flintstone Elementary Schools. Councilwoman Reifsneider announced that
a memorial will be placed in the park on Seneca and Woodland Drives for
the Town resident who was killed in the September 11, 2001 attack on
the Pentagon. The Council passed an emergency ordinance updating the
wording of the Sections 19.1 and 19.6 of the Streets and Sidewalks
Article of the Town's ordinances. Councilman Kennedy introduced changes
to the Town ordinance on dogs and animals which was adopted by the
Council as an emergency measure. Mayor McCutcheon denied a request by
Councilman McLaurin
to be reimbursed for a training session. After
some discussion by the Council, Councilman McLaurin left the meeting
before it adjourned. A recording of the
meeting can be downloaded by clicking on this link (about 2 hours, 20
minutes).
At the Special Town meeting of October 5, 2009 the Council was provided
information by a bond attorney on the issuance of municipal bonds for
funding town infrastructure improvements. Office Assistant Sherletta
Hawkins gave a presentation on the development of the Prince George's
County Intergovernmental Network (INET) which is expected to facilitate
communications between the Town and other government entities, as well
as assist the Forest Height's police to conduct remote surveillance
within the town. The Council passed a resolution introduced by Mayor
McCutcheon to participate in INET. The Council discussed the annexation
of the new development proposed for Talbert Drive. All Council members
attended this meeting. A recording of the meeting can be downloaded by
clicking on this link (about
1 hour, 50 minutes).
Jonathon Kennedy won the special election held May 19, 2009 with 65
votes. His opponent in that election, former Councilman Clifton
Atkinson, received 17 votes. Councilman
Kennedy was sworn into office on May 20, 2009.
The transcript of the prince George's Circuit Court hearing for former
Mayor Myles Spires in which he was given probation before judgment can
be downloaded by clicking on one of the following links: (http://www.forestheights.biz/Transcript_09-03-31_Image.pdf)
(http://www.forestheights.biz/Transcript_09-03-31_OCR.pdf).
Please keep in mind that the OCR file contains computer generated text
information and may contain some errors. This court proceeding came
about after the appeals court determined that Judge Melanie Geter made
procedural and other errors when accepting Spire's attorney's request
for a bench trial in his original trial. Transcripts of the September
2007 trial can be found in the March 2, 2008 article in the 2008 FHNR news
archive page.
Former Mayor Passes AwayMarch 13, 2009 Former
Forest Heights Mayor, J. Kemp Cook passed
away on March 12, 2009. He was 84. Mr. Cook served
as mayor of Forest Heights from 1999 to 2001. He was a long time
resident of Forest Heights, having moved here in 1953, where he and his
late wife, Augustine Cook, raised four children. He was first elected
to the Forest Heights Town Council, representing Ward II, in 1998. He
was living in the Riderwood retirement community in Silver Spring,
Maryland at the time of his death.
As a World War II and Korean War veteran, Mr. Cook will be buried with
full military honors in Arlington National Cemetery on Thursday, May
28, at 9 a.m..
A viewing will be held on Monday, March 16, 2009 at the Collins
Funeral
Home, 500 University Blvd. West, Silver Spring, MD 20901 between
the hours of 2-4 p.m. and 7-9 p.m. His funeral will be a Mass of
Christian Burial at the Church of the Resurrection at Riderwood
Village, 3110 Gracefield Road, Silver Spring, MD, on Tuesday, March 17,
at 11 a.m.
In addition to his community service, Mr. Cook was a 4th degree member
of Bishop Patrick Byrne Council, No. 3877 of the Knights of Columbus,
and had served as State Deputy for the District of Columbia. He was
also a former member of
St. Ignatius Church, on Brinkley Road, Ft. Washington, MD.
CorrectionMarch 13,
2009 On March 11, 2009 we incorrectly reported that
there would be a special election under Section 33-11 of the Town
Charter to fill the Council seat vacated by Andrea McCutcheon's
election as Mayor. Because there is less than 15 months left in Ms.
McCutcheon's term as Councilwoman, the Council may fill the vacancy by
Council vote, or call for a special election under Charter Section 33-35.
Town Election ResultsMarch
11, 2009 At the conclusion of voting in the Forest
Heights general election, Freddie Colston, the Election Board chairman,
announced the following preliminary results:
For Mayor: Andrea
McCutcheon 103, Larry Stoner
89; write-in's: Joyce Beck 1, Steve
Downey 1, Quincy Hines 1.
For Ward I Council seat: Jacqueline
Goodall
40; write-in's: Gail Lewis 5, Abigail
Eason 1.
For Ward II Council seat: Anne
Reifsneider 30, Clifton Atkinson 24.
For Ward III Council seat: William
Clarke 41,
Bill Robinson 21; write-in Taunya Hines 2. The official results of the election will be presented to the
Town Council when it meets on Wednesday, March 18, 2009. At that
meeting the winners of the election will be sworn in. There were 3
absentee ballots which were included in the totals above. With the
exception of the race for the Mayor's seat, all the other seats were
won by incumbents, thereby providing stability to the Town government.
The Forest Heights News Report congratulates the winners of this
election. We also applaud those citizens who put in considerable time
and effort to run for public office, but were not successful in getting
enough votes to win their seat.
Finally, we take note of the work of the Forest Heights Election Board
which conducted the election in a fair and impartial manner.
Next Election in Forest HeightsMarch 11, 2009 Councilwoman
McCutcheon's election as Mayor will create a vacancy in her Ward II
Council seat when she is sworn in as Mayor. Under Section 33-11 of the
Town Charter (PDF Format), if a vacancy
occurs fifteen (15) months or more prior to
the next regular election, the Council shall call a special election to
be held not less than forty-five (45) days nor more than sixty (60)
days following the occurrence of the vacancy. [See correction to this
article dated March 13, 2009.]
Analysis of Forest Heights FinancesMarch 6, 2009 The Forest
Heights News Report has conducted an analysis of quarterly financial
data obtained from the Town of Forest Heights, and prepared a report
based on that analysis. The primary conclusion is that the Town's
available financial data is inadequate for making management decisions,
including preparing a budget for the next fiscal year beginning July 1,
2009. The report can be read by clicking here (PDF Format).
Race for Mayor and Council SeatsMarch 6, 2009
The race for the office of mayor and three Town Council seats is in the
final weekend of campaigning. The Gazette Newspaper has published the
results of Questions
and Answers (Q&A) submitted by most of the candidates
competing
for elected positions, and we are providing links to the their articles
on our Links to Other Sites page. We have
also posted candidate statements and fliers on our Election 2009 page.
Energy Saving WorkshopMarch 6, 2009, J. Goodall
The first workshop – Learning to Save on your Home Energy Bills was
held Saturday, January 31st. Many residents of the town and
community came out to learn, what we need can do to have energy
efficient homes and tips on what they could do themselves at little or
no money. All the utility companies sent representatives to
answer questions and a representative from the Maryland Energy Program
was in attendance to explain the program for anyone needing assistance
in paying their utility bills. Information for any one that was unable
to attend will be available at the town municipal building. There
will five more workshops that will deal with various environmental
issues. The workshops and updating our codes and ordinances are
wholly sponsored by a grant from NOAA and the Maryland Department of
Natural Resources with technical assistance from Chesapeake NEMO and
the Neighborhood Design Center. Look for time and date for future
workshops and I hope to see you there. If you would like to assist with
the “Greening Forest Heights” committee, please call the Municipal
Building (301) 839-1030 and leave a message for Councilwoman Jacqueline
Goodall. Click here for Do-It-Yourself
energy audit tips.
Candidates File For Election February 4, 2009 The
following candidates have filed their nomination papers for the
upcoming March 11, 2009 Forest Heights election: For Mayor: Larry Stoner
(incumbent) and Andrea
McCutcheon (Council President/Ward II). For Council: Ward I:
Jacqueline
Goodall (unopposed). Ward II: Anne Reifsneider
(incumbent) and Clifton Atkinson (former
Councilman). Ward III: William
Clarke (incumbent) and William Robinson (no photo
available).
The Forest Heights News Report
(FHNR) will publish the candidates statements filed with the Town Clerk
when they become available. Also, FHNR may publish on our election page additional campaign fliers
and other election material submitted to us by the candidates.
Election Nomination DayFebruary
3, 2009 February
4, 2009 is the due date for nominations for the elective offices of
Mayor and Council member for Wards I, II, and III. If a Forest Heights
citizen wishes to be placed on the ballot for the March 11, 2009 Town
election, he or she must submit a nomination form to the Town Clerk
before close of business on Wednesday, February 4, 2009
February 2, 2008 Council Workshop
MeetingFebruary 3,
2009 The Council met in a non-legislative session to
discuss the Town's budget, upcoming Town election and other matters. In
attendance at the beginning of the meeting were Mayor Larry Stoner,
Councilwomen Jacqueline
Goodall from Ward I, Council President Andrea McCutcheon
(Ward II), and Councilman Brian McLaurin and
Councilman William
Clarke (Ward III). Councilwomen Lynn
Smith-Barnes arrived later in the
meeting. Councilwoman Anne Reifsneider
(Ward II) was absent.
After looking at some financial data and finding some errors, the
Council decided to table any further discussion of the budget until
discrepancies in the financial data are corrected. In a later
discussion, Mayor Stoner indicated he may reconsider hiring a
Treasurer, but not until after the “budget is straightened out.”
In response to an inquiry during public period, Mayor Stoner said that
the financial quarterly report for the period ending December 31, 2008
has been released. FHNR was promised a copy of the report for
publication.
Notwithstanding an agreement at a previous meeting, Mayor Stoner said a
special flier regarding the upcoming March 11, 2009 election, would not
be distributed to Town residents.
The audit report for FY 2007 is still not available.
A voice recording of the February 2, 2009 meeting in MP3 compressed
format can be accessed by clicking here. This
is a 14.6 MB file and can be downloaded by right-clicking on the above
link and selecting "save target as." The FHNR will provide an
uncompressed file in WAV format (higher quality sound) on a CD to any
Forest Heights citizen or official who requests a copy by sending an
email to the editor.
Court Decides Nickens et al. v Town of
Forest HeightsJanuary
23, 2009 Prince George's County Circuit Court Judge
Nicholas E. Rattal ruled in favor of the plaintiffs, Reginald Nickens, Myles Spires and Worthington Ross on one count of their
complaint and declared that the election of Carmelita Smith-Barnes in a
special election held on March 5, 2007 was null and void. The
Town Attorney, Wilmer Ticer, represented the Town in the case, and
Mayor Larry Stoner served as a witness for the defense. Judge
Rattal’s order found there was
no provision in the Town charter at the time for such an election.
However, this appears to be a Pyrrhic victory for the plaintiffs
against the Town in that Judge Rattal denied voiding any resolution or
appointment of the Council during the period of March 5, 2007 to March
21, 2007 because these were not properly introduced in the evidentiary
phase of the trial. Consequently, the appointment of George Wiggers to
the Council and Town charter resolutions passed
on March 9, 2007 were left standing. Some of these charter
amendments removed Myles Spires and his co-plaintiff Worthington Ross
from the Council on April 28, 2007. Myles Spires would have been
removed subsequently, in any case, because of his felony conviction in
October 2007 relating to his actions while Mayor of Forest Heights.
Judge Rattal further found that the election of Goodall, Reifsneider
and Clarke to the Town Council on March 14, 2007 was valid, as was the
reappointment of Ms. Smith-Barnes to the Council on March 21, 2007
after the new Council was sworn in. Detail of some of these events can
be found in the Forest Heights News Report
archives for 2007. Under the legal principle of “res
judicata,” it
appears unlikely that Spires or Ross would be successful in any
subsequent suit they may consider filing against the Town that would
relate to actions of the Town Council in that March 2007 period.
With respect to Worthington Ross, a co-plaintiff in the suit against
the Town, we bring the readers’ attention to his role in the conviction
of Myles Spires in the above mentioned criminal case. The Forest
Heights News Report had already reported on the apparent false affidavit
(PDF Format)
he filed in that case (see 2007 archive). In his sworn testimony (see pages 5-31
to 5-113) during Spires trial regarding that document, he first
claimed that he wrote the affidavit himself with some advice from a
mysterious James Brown. Later in the trial, under cross-examination, he
admitted that an attorney, Mr. Sciubba with the law firm Joseph,
Greenwald & Laake, had in fact drafted the document for him. Ross
also admitted that he did not, in fact, witness others signing the
resolution in question, as he attested to in the affidavit.
Correction - Code Violation AppealsJanuary 23, 2008
Our reporting of the January 5, 2009 Council workshop meeting implied
that the Police Department was involved in the voiding of violation
notices by Mayor Stoner. We regret any misunderstanding of the police
department's code enforcement process. According to Acting Chief Webb,
the Forest Heights Police Department (FHPD) does have established
internal department procedures for handling errors and other problems
associated with violation notices issued by that department. Citizens
should contact the department (301-839-4040) to obtain further
information about appealing such notices to the FHPD.
Furthermore, we bring the reader's attention to a statement on page 1
of the January issue of the Forest Heights News
(PDF Format)
by Mayor Stoner. In that article he pledges to form a Code Enforcement
Appeals Board.
January 21, 2009 Town MeetingJanuary 23, 2009 The Town
Council met for 3 hours and 2 minutes in open session. In attendance
were Mayor Larry Stoner, Councilwomen Lynn
Smith-Barnes and Jacqueline Goodall
from Ward I, Council President Andrea McCutcheon
(Ward II), Councilwoman Anne Reifsneider
(Ward II), and Councilman Brian McLaurin
from Ward III. Councilman William Clarke (Ward
III) was absent. After reviewing the draft Quarterly Financial Report
for the second quarter of FY 2009, the Council decided that changes
needed to be made before releasing it to the public. In response to an
inquiry during Public Period, they announced that the Audit Report for
FY 2007 was also not yet available.
The Council discussed the Town's preparation for the upcoming March 11,
2009 elections. The seats that will be open for this election are those
now held by Mayor Stoner, Councilwoman Goodall (Ward I), Councilwoman
Reifsneider (Ward II) and Councilman William Clarke (Ward III). Some
Council members felt that information about the upcoming election
should have been more prominently displayed on the first page of the
January edition of the Town's newsletter, Forest Heights News.
Citizens wishing to run for elective office in Forest Heights this year
should submit their certificate of nomination together with a statement
of the particular office to which he aspires, with the Town Clerk on or
before the first Wednesday in February preceding the Town election
(February 4, 2009). Further information on
Forest Heights elections, including a map of the Wards can be found on
the Voting and Elections page of this
website.
Mayor Stoner reiterated his opposition to hiring a Town Treasurer at
this time, preferring that the Town Clerk continuing to serve as Acting
Treasurer.
The Council also discussed the flooding of a house basement on Woodland
Drive, the overflow of which caused icing conditions and access to
homes by public transportation. A citizen, Mr. Robinson, submitted an
information letter to the Council regarding this problem.
A voice recording of the January 21, 2009 meeting in MP3 compressed
format can be accessed by clicking here. This
is a 21.8 MB file and can be downloaded by right-clicking on the above
link and selecting "save target as." The FHNR will provide an
uncompressed file in WAV format (higher quality sound) on a CD to any
Forest Heights citizen or official who requests a copy by sending an
email to the editor.
January 5, 2009 Workshop Meeting
January 6, 2009 The meeting
began at 7:00 p.m. Attending the Town Council meeting was Mayor Stoner, Councilwoman Lynn
Smith-Barnes, Ward I, and Councilmen William Clarke and Brian McLaurin of
Ward III. Councilwoman Jacqueline Goodall,
Ward I and Council President Andrea McCutcheon
(Ward II) arrived at the meeting around 7:25 p.m. Councilwoman
Anne Reifsneider
(Ward II) was reported as recovering from her operation and not able to
attend the meeting.
Prior to the arrival of Councilwomen Goodall and Council President
McCutcheon, Mayor Stoner declared the meeting a special meeting of the
Town Council, at which the Council could vote on issues. It was noted
that the Town's signs posted for the meeting simply said the Council
was going to meet and did not specify the type of meeting.
Mayor Stoner proposed that the Council vote on the hiring of a police
chief at the January 5, 2009 meeting because Councilman Clarke,
chairman of the finance committee, found that funds are sufficient for
the position. Mayor Stoner also noted that the income from property
taxes will be $938 thousand rather than $752 thousand as currently
stated in the budget. After some discussion, the Mayor agreed to
delay the vote on the decision until the Wednesday, January 21, 2009
Town meeting.
The Town has received 5 proposals in response to a Request for
Proposals (PDF Format)
it issued in
November 2008 for work on Municipal Property Grounds and Municipal
Building Roof Improvements. The funding for this project will come in
part from a $200,000 Maryland State Bond bill, and matching funds ether
from the Town or another grant agency.
During the public period, the Council discussed aspects of the code
enforcement program, including the voiding of violation notices by the
Mayor and police department. The voiding occurred when circumstances
were presented by residents complaining about their properties being
cited. Mayor Stoner
denied making a statement regarding a connection between voiding
violation notices and the upcoming election in March 2009.
A voice recording of the January 5, 2009 meeting in MP3 compressed
format can be accessed by clicking here. This is a 16.7 MB
file and can be downloaded by right-clicking on the above link and
selecting "save target as." The FHNR will provide an uncompressed file
in WAV format (higher quality sound) on a CD to any Forest Heights
citizen or official who requests a copy by sending an email to the
editor.
Correction January 4, 2009
The Council workshop meeting of January 5, 2009 has been posted by the
Town to begin at 7:00 p.m. instead of 7:30 p.m. as we had indicated in
our January 1, 2009 news article. We regret any confusion resulting
from this error. Click
here for articles from earlier editions of the Forest Heights News Report.
Comments on this web site should be directed to: editor@forestheights.biz