Last updated November 2003
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2003

November 2003 to April 2004

Council Meets to Consider Filling Empty Seats
A special Town Council meeting was held on November 20, 2003, to consider candidates for filling the vacant Ward II and Ward III Council seats. The meeting was attended by Council members Mayor Paula Nobel, Joyce Beck (Ward II) and Worthing Ross (Ward III) and was chaired by Council President Lynn Smith-Barnes (Ward I).

The discussion that followed revolved around interviewing the candidates. No candidates attended the meeting. It was announced that Anne Reifsneider, a candidate for the Ward II seat was in the hospital at the time after a car accident and would be unable to attend [Ms. Refisneider was injured and is now resting at home]. No information was available as to why the other candidates did not attend the meeting. Councilman Ross stated that he was not familiar with all the candidates and that he wanted to interview them before casting his vote.

On a motion to go into a closed session by Councilwoman Beck, the Council voted 3 to 1 to adjurn to a closed session. Voting in favor of the closed session was Mayor Nobel, and Councilwomen Barnes and Beck. Councilman Ross refused to attend the closed session.

Town Council Votes to Suspend Charter Section
In an unprecedented move, at the November 19, 2003 Town meeting, the Town Council voted to temporarily suspend Section 33-9 of the Town Charter which states that "A majority of the members of the Council shall constitute a quorum for the transaction of business, but no ordinance or resolution shall be approved without the favorable votes of four members of the Council." The reason given for the vote was that there are only five members currently on the Council (Paula Noble's Ward III seat became vacant when the Council chose her as Mayor, and Jerome Corrigan (Ward II) resigned his seat in mid-October). The possibility of failure to obtain a quorum of the Council was felt to be hindering the Council in moving forward in conducting Town business. Voting in favor of the suspension were Councilwomen Sharon Mc Innis and Lynn Barnes of Ward I, Councilwoman Joyce Beck of Ward II, and Mayor Noble. Councilman Worthington Ross of Ward III was at the municipal building prior to the meeting, but left the building before the meeting started. [Subsequently it was learned that Councilman Ross was hospitalized that evening with an intestinal ailment.]

When asked during the public period as to whether the Town Attorney had reviewed the Council's intention to suspend the Section of the Town Charter, Mayor Noble responded that the attorney was "aware" of the Council's intentions.

Town Treasurer The Council went into a closed session following the November 19, 2003, Town meeting to discuss applicants for the position of Town Treasurer.

Mayor Prohibits Citizen from Reading a Letter During the Public Period. Prior to the public period of the November 19, 2003 Mayor Noble announced that she would not permit non-residents of the Town to speak during the public period, and that included Town residents reading letters from persons who were not residents of the Town. Section 33-6 of the Town Charter, requires "the rules of the Council shall provide that residents of the Town shall have reasonable opportunity to be heard at any meeting in regard to any municipal question."

Brinkley's Open Letter to the Citizens of Forest Heights Former Police Chief Brinkley's open letter to the citizens of Forest Heights can be viewed by clicking here (HTML Format) (PDF Format).

Search for a New Police Chief  The Town of Forest Heights has placed a want ad in the Washington Post employment section for a police chief to replace former Chief Brinkley. Click here for the ad (HTML Format) (PDF Format). Deadline for submitting an application is Nov. 24, 2003. At the November 19, 2003, Town meeting, Mayor Noble announced that the Town had already received several applications for the position.

Chief Brinkley Resigns We have learned that Forest Heights Police Chief Clifton Brinkley submitted his resignation after the Tuesday, November 11, 2003, meeting of the Town Council. This was confirmed by Town Administrator Cynthia Farrar, but she was unable to provide any information as to why Brinkley resigned.

Council Approves Proposed Settlement At the November 11, 2003, special meeting, the Town Council voted unanimously to accept a proposed settlement of the law suit by Traffixpax for breach of contract related to the Town's red light camera program. Details of the settlement could not be announced because they were still under court seal. However, Town attorney June Dillard summarized the proposal by saying that the program would be reinstated in July 2004, after the Town's financial situation was stabilized. At that time, Traffixpax would provide all program services, and Howard County and another contractor, EDS, would no longer be involved in the Town's program.

Jury Verdict Sealed  On Thursday, November 6, 2003, the jury in the lawsuit by the red light camera contractor, Traffixpax, against the Town of Forest Heights returned a verdict, but the judge sealed the verdict. Judge Thomas Smith's opinion was that both parties to the suit would lose if the verdict was carried out. Instead of releasing the verdict he gave both parties additional time to try a come to a settlement that would be in both their interests.

The Town Council will meet on Tuesday, November 11, 2003, to consider options for the Town regarding a proposed settlement with Traffixpax and decide on a course of action. The Town Attorney, June White Dillard, Esq., is expected to attend. Some parts of the meeting involving legal advice by the Town Attorney may be closed to the public.

Filling Council Vacancies There will be a special meeting of the Town Council at 7:30 p.m.on Thursday, November 20, 2003. The Council is expected to select an applicants for the vacant Council seats in Wards II and III. Anyone interest in these positions should submit a letter of interest by 4:30 p.m. November 20 to the Town Clerk. The letter should state the applicants qualifications for the job and any views the applicant may have about current issues affecting the Town. The applicant is required to be a registered voter and resident of the Ward they wish to represent for at least one year prior to their appointment.

Under the Town charter, if a vacancy occurs on the Council, the Council selects a replacement to fill the remainder of the term. For the current vacancies, the terms expire in May 2004. The persons selected by the Council to fill the Ward II and III vacancies will therefore have to run in the May 2004 general election if they want to continue in office after May 2004.

Council members, together with the Mayor, form the legislative body of the Town of Forest Heights and receive a salary of $1,000 per year for their efforts (Mayor's salary is $2,600). Each of the Town three Wards is represented by two Council members who serve staggered two year terms. Council members are expected to make themselves available regarding their constituent's concerns about Town services, and attend a Town meeting and a Council workshop meeting each month.

Council member positions are public service positions wherein the incumbents act to promote the general welfare of the Town. If you are not able to consider such a position at this time, but know of a neighbor you feel is qualified to serve, please let your neighbor know that you trust their judgment and would like them serve and represent you on the Council. These are critical positions in the Town government, and the Town cannot function without them.

Town Tree Plantings The Town's street tree program, under a beautification program established by PG County Executive Jack Johnson, is moving to a successful conclusion with over 70 trees already planted in the Town. However, there are still some trees still available for planting in the easement/sidewalk area for homeowners that want to plant them. Contact maintenance supervisor Bill Clark at (301) 686-1432. Also, Ward I Councilwoman Lynn Barnes has some of the trees for Ward I residents and can be contacted at (301) 749-9741 or by email at WARD1HandinHand@aol.com. These trees must be planted in the easement area and will be the property of the Town of Forest Heights. Call NOW as they are going fast!

Town Attorney and Administrator Appointed 
Mayor Noble announced at the October 15, 2003 Town meeting the appointment of  June White Dillard, Esq. as the Town Attorney and Cynthia H. Farrar as the Town Administrator. They were approved by the Council for these positions at the October 6, 2003 Council workshop meeting.

Forest Heights is still looking for a person to fill the position of Town Treasurer. Anyone interested in that position should submit their résumé to the Town Clerk, Ms. Gray. Applicants can apply up until close of business 4:30 p.m., November 19, 2003. The position will be part-time.

The Mayor and Council also announced that they will meet again at 6:30 p.m. on October 20 and 27, 2003. Under the Maryland Open Meetings Act these meetings will initially by open to the public, but they indicated they would then likely go into a closed session to discuss personnel matters.

October 2003

Halloween As in many years past, the Town will celebrate Halloween trick-or-treating on Thursday, October 30, 2003. If you do not want to give treats to children, turn of you front door light. Expect some children from out of town to come by on Friday October 31. The Forest Heights Police Department prepared a flyer with tips for having a safe halloween. (HTML Format)

Hurricane Isabel  Compared to other areas in the path of Isabel, particularly eastern North Carolina and southern Virginia, Forest Heights was relatively unscathed. For that we are thankful. However, there was some damage in the town. A number of trees were uprooted. A tree fell through a garage in the 200 block of Mohican and a large oak tree destroyed a chimney and porch roof in the 5700 block of Ottawa Street. While the east side of town had only momentary losses of electric power, the west side of town lost power for several days resulting in the spoilage of food for many residents. The town maintenance crew filled two large dumsters with debris from the storm.

For residents who sustained damage, some of it may be covered by their insurance. Information on insurance coverage specific to Isabel can be found by clicking here for the website of the Maryland Insurance Commission. Also, the Federal Emergency Management Administration (FEMA) should be contacted at 1-800-621-FEMA (3362) or go to www.fema.gov/about/ to apply for assistance. Even if homeowners insurance covers most of the loss, FEMA may be able to reimburse the homeowner for the deductible on the insurance policy.

Paula Noble Elected Mayor At a special October 1, 2003 meeting of the Town Council, Councilwoman Paula Noble, Ward III, was elected Mayor by the Town Council on a 4-0 vote, to fill the vacancy left by Mayor Sue McGinnis's resignation. Former Council member Quincy Hines was also nominated for the position of Mayor, but was not selected by the Council. Although some citizens present encouraged the Council to wait a few days to a few weeks before making their decision, the Council felt that pressing Town business, including the recruitment of a Town Attorney to handle a lawsuit against the Town at a court trial in early November, required an immediate decision by the Council to select a mayor to lead the Town government.

Paula Noble was sworn in as Mayor by the Clerk of the Circuit Court, Thursday morning, October 2, 2003, at 9:00 a.m. at the P.G. Courthouse in Upper Marlboro.

Attending the special meeting were Councilwomen Sharon Mc Innis and Sharon Smith-Barnes of Ward I, Councilwoman Joyce Beck of Ward II, and Councilwoman Paula Noble of Ward III. Councilman Jerome Corrigan, Ward II and Councilman Worthington Ross, Ward III were absent.

The Council also announced that they will meet with the Town Auditor on Monday October 6, 2003 at 7:30 p.m.. The purpose of the meeting will be to discuss the Town's finances with the auditor. The meeting will be open to the public, and there will be an opportunity for Town citizens to ask questions of the auditor.

The Council announced that it will be hiring people to fill three positions: Town Attorney, Town Administrator and Town Treasurer. They requested that anyone interested in those positions contact and submit their résumé to Town Clerk Wilhelmina Gray as soon as possible. Two attorneys interested in the position of Town Attorney presented their credentials to the Council and townspeople attending the meeting.  Another attendee presented his credentials for the position of Town Administrator. The Council indicated that they would welcome and consider additional applicants before they made their decision, although no cut-off date was announced. The Council also indicated they would consider Eureka White for the position of Treasurer although Ms. White had been fired and accused of wrongdoing by former Mayor McGinnis.

In the near future, the Council should also fill the Ward III Council seat vacated by Paula Noble when she assumed the duties of Mayor. Another vacancy is expected when Councilman Jerome Corrigan's resignation becomes effective on October 15, 2003.

Former Councilwoman Anne Reifsneider was asked to cease her volunteer work in maintaining metal collections records for the Town until the Council had an opportunity review the work that needed to be done. Ms. Reifsneider said she would be willing to continue the volunteer work and pointed out that the Town had received about $10,000 in revenues from business taxes and metal collections because of her volunteer bookkeeping activities.

Former Mayor Kemp Cook suggested the Council place close attention to the cost of adding additional employees to the Town payroll.

Several attendees complemented the Town Council on the openness of the meeting. Forest Heights Police Chief Clifton Brinkley expressed his feelings that the changes should help the morale of his department. He noted that under the previous administration he was unable to buy tires needed for his patrol cars.

Sue McGinnis Resigns as Mayor of Forest Heights. Click here for a copy of her resignation letter (HTML Format) (PDF Format) (JPG Format).

Councilman Jerome Corrigan has also submitted his resignation, effective October 15, 2003. In an interview, he said that he has served "long enough."

 The Town Council has scheduled a meeting tonight, Wednesday, October 1, 2003 to discuss McGinnis's resignation and decide on other issues affected by the Mayor's resignation. Councilwoman Lynn Smith-Barnes expects to chair the meeting as the newly selected Council President.

September 2003

Mayor McGinnis Strikes Back A flyer with Sue E. McGinnis's letterhead and signature and dated September 15, 2003 was mailed with a postmark date of September 13, 2003 to "Citizens of the Town of Forest Heights." The letter can be viewed here in: PDF Format, JPG Format and HTML Format. Mayor McGinnis's letter includes several claims:
(1) she [McGinnis] was informed by the Town Auditor about the Treasurer violating the Town Charter by issuing checks under her signature [the treasurer's signature] along [alone];
(2) she contacted the Town Attorney [prior to dismissing the Treasurer] and he advised her that the alleged wrongdoing by the Treasurer constituted an emergency which allowed the Mayor to dismiss the Treasurer despite the Charter's requirement that only the Council can dismiss the Treasurer;
(3) Council members Noble, Beck, Smith-Barnes, and Mc Innis demanded she reinstate the Treasurer; and
(4) she asked the Council to maintain strict confidence [about her firing the Treasurer].

Mayor Mcginnis ends her flyer with a statement implying that elected officials are misleading town citizens and a defiant statement that she will not allow four Council members and four to five malcontents to interfere with the solvency of the Town. Click here for the Forest Heights News Report editorial on the above news item.


Head-on Collision in Forest Heights
At the intersection of Livingston Road and Birchwood Drive, a driver with a reported .20 blood alcohol count slammed into a vehicle being driven by the Forest Heights Police Department's Clerk, Shawn Adams. In the car with Ms. Adams was her teen-age son. Ms. Adams was rushed to the Washington Hospital Center's trauma unit, and was found to have multiple cuts and abrasions. She was released from the hospital and is resting at home. Her son was not reported to have any serious injuries. No further information was available about injuries that may have been sustained by the alleged drunk driver.


Historic Meeting of Town Council
Four members of the Forest Heights Town Council held an unprecedented special meeting of the Council outside the Municipal Building on August 20, 2003. The Council members present, representing a quorum of the Council, were Councilwomen Sharon Mc Innis and Lynn Barnes of Ward I, Councilwoman Joyce Beck of Ward II and Councilwoman Paula Noble of Ward III. A number of citizens also attended the meeting, including former Mayor Kemp Cook and former Councilwoman Anne Reifsneider. Town Attorney Bill Ticer attended, as well as a reporter for the Prince George's Gazette. One Councilwoman had noticed Council President Worthington Ross pulling into the parking lot, but he discreetly left without joining the meeting. Mayor Sue McGinnis and Councilman Jerome Corrigan did not attend. Click here to view the meeting agenda.


Red Light Camera: The Council asked Mr. Ticer to address the status of the Red Light Camera program which Mayor McGinnis canceled last year. Mr. Ticer provided a number of statistics on a law suit against the Town brought by Traffixpax. According to Mr. Ticer, Traffixpax was suing to collect the minimum rent due on the camera rentals of $88,000 for the term of the contract. He said the Town had offered to settle for $22,000 but that settlement offer was rejected by Traffixpax. Whatever Traffixpax's offer, Mr. Ticer assured the Council that Mayor McGinnis would bring the settlement to the Town Council for their approval before the settlement is finalized. If a settlement, or other procedural motions that Mr. Ticer said he intended to file, were not successful, a jury trial would be held November 3, 2003, to decide Traffixpax claims against the Town.

Another option for settlement was also being discussed with Traffixpax according to Mr. Ticer. Recently Traffixpax came under new management and we were trying to negotiate three issues: 1) save the Town some money, 2) allow the safety features of the cameras to continue if the Town wanted them, and 3) satisfy Traffixpax to the extent we could. One solution would be to allow Traffixpax reinstall and operate three cameras for the duration of the contract with no minimum rent. Traffixpax would assume all costs of the program except for the time spent by Forest Heights police officers reviewing the photographs and issuing the citations. Forest Heights would keep ten percent of the revenues and forward the rest to Traffixpax.

With respect to the Red Light Camera lawsuit, Mr. Ticer also noted that the court case is also complicated by the fact that Howard County, which is servicing Forest Heights' red light programs of as well as similar programs of other counties and municipalities has declared that they will not be renewing Traffixpax's contract because of a procedural error in the programs re-competition. Mr. Ticer also noted that the question of whether or not Forest Heights should have a red light program depended on the communities desire to improve safety at the Md. 210/Livingston Road intersection as well as any revenues or expenses of the Town related to its continued operation.

In response to both citizen and Council member questions, Mr. Ticer stated that the original contract between the Town and the red light camera program contractors was illegal. He explained that because former Mayor Cook, who was mayor at the time the contract was signed, did not seek formal Council approval before entering the contract on behalf of the Town the contract was illegal. He said he had discussed this matter with Mayor McGinnis and that Mayor McGinnis was aware of the need for obtaining Council approval for contracts as required by the Town's charter. He said he could not respond to a citizen's inquiry as to why the Town should be liable for a contract that was entered into illegally, but noted that people are free to sue anyone they want in the United States.


LCI Grant Application: Councilwoman Joyce Beck raised several issues regarding a recent grant application for a Livable Communities Initiative (LCI) program being run by the PG County Executive's office. She first noted that the Town Treasurer had prepared a grant application for a town beautification project, but that Council President Worthington Ross had directed the Treasurer not to submit the application because, according to Beck, he told Ms. White "Joyce Beck was chair of the municipal subcommittee." Beck said that George Wiggers [Forest Heights citizen and editor of the Forest Heights News Report] was involved in the submission of an alternate LCI grant application that was delivered to the county before the 4:00 p.m. deadline on Friday, August 15, 2003. Ms. Beck said she was not consulted about the August 15 LCI grant submission, and polled the other Council members present. Councilwomen Mc Innis and Barnes said that Council President Ross had not consulted them about the LCI grant submission. Councilwoman Noble said that she had some brief involvement and attended a training session with Ross, but he did not consult with her further regarding the LCI grant submittal.

Councilwoman Beck continued to say that she had obtained a copy of the LCI grant application submitted by Mr. Ross, which dealt with rehabilitation of the Town's commercial area and code enforcement. She said that had she been consulted she would have advocated a number of other projects in the Town's residential area, including filling potholes, repairing concrete street gutters, removing dead trees and stumps and trimming trees. Ms. Beck went on further to state that the copy of the grant application submitted by Mr. Ross to the county about 4:00 p.m. on August 15, included a statement that the Town Treasurer, Eureka White, was the primary contact for the grant application. Ms. Beck noted that Mayor McGinnis had terminated Ms. White from her employment with the Town earlier on Friday, August 15, prior to the grant application submission. [Editors note: Ms. Beck is an employee of PG County and a member of the Forest Heights Town Council].

During the discussion on the LCI grant application, a citizen noted that Section 33-20 (b)(25) of the Town Charter provides that the Town Council has the power to accept gifts and grants from other levels of government. The Town's Charter does not provide any power to the Mayor to accept grants on her own authority. Ms. Beck noted that the Council had not authorized Council President Ross to act on behalf of the Council in submitting the grant application.


CDBG Award: Councilwoman Beck said that Mayor McGinnis confirmed that the Town had received a $100,000 HUD grant. She said she asked Mayor McGinnis whether the Town was going to request bids on the recently approved U.S. Department of Housing and Urban Development (HUD) grant for making the municipal building accessible to handicapped persons. Ms. Beck said that the Mayor replied that it was none of Ms. Beck's business. HUD's Community Development Block Grant (CDBG) program provides non-matching grants to communities and agencies serving low and moderate income communities. Forest Heights applied for this grant through the PG Department of Housing and Community Development (DHCD) which administers the grant on behalf of county agencies and municipalities.

The Council and citizens attending the meeting also discussed the status of the blueprints of the municipal building that were needed for any construction work for the CDBG grant on the municipal building. Ms. White said that she had looked for, but could not find the blueprints in the building, and that it would cost about $6,000 to replace the blueprints. Former Mayor Kemp Cook who was attending the meeting, said the blueprints were in a round plastic container when he left office in May of 2001. Former Councilwoman Anne Reifsneider said she also recalled seeing the blueprints rolled up some years ago, but did not know of their current whereabouts.

Ms. White also noted that the CDBG is a reimbursable or refundable grant program, wherein the grant recipient is expected to spend their own funds to accomplish the work under the grant. The Council had not appropriated funds for the project. Ms. White also noted that the building will eventually have to be modified to make the building accessible to handicapped persons in order to comply with the American Disability Act.


Town Treasurer: Ms. Eureka White stated that she had retained legal counsel with respect to the Mayor terminating her as Treasurer of the Town of Forest Heights. Councilwoman Beck raised a question as to why a volunteer worker was doing work related to collection of personal property taxes for the Mayor, when it was the Treasurer's job to collect taxes.

Dirty Tricks: For those readers who are too young to remember the Nixon years, click here to read the history of that era, including his dirty tricks activities. Well, apparently someone opposed to August 20, 2003 special meeting learned well from former President Nixon. The locks on the Municipal Building were changed so that the Council members, who had legitimately called the meeting under the second paragraph of section 33-6 of the Town Charter, could not enter the building. Someone also filed a complaint with the fire department that the municipal building was over its capacity. A person with a dark blue uniform and a fire department shoulder patch was seen peering into the darkened building when the Council members began arriving for the meeting. When asked about his presence, he replied that he was responding to a complaint of over-capacity and then left the scene when it was obvious that there were not enough people to overfill the town hall. It was also reported that the Mayor had told the Town Clerk that the meeting had been canceled.

Closed Session: The public session of the Town meeting was closed when the Council members read aloud a written statement included on the agenda as reasons for going into a closed session of the Council under the Maryland Open Meetings Act and took a role call vote to go into the closed meeting. The vote was unanimous. At that point the Council members thanked the citizens present for their perseverance under the circumstances of an outdoor meeting, and the public session of the meeting was adjourned.

Open Meetings Act Compliance Board Opinion The Open Meetings Compliance Board, a unit in the Maryland Attorney General's office, has issued an opinion that the Forest Heights Town Council violated the Open Meetings Act at the June 2, 2003, workshop meeting by failing to follow the Act's procedures for closing a meeting. The Board further said that the "One permissible basis for closing a meeting is the exception related to specific personnel matters....Thus, the invocation of the specific personnel exception would have been justified [to close the meeting]". In a footnote, the Board also noted that the Town Attorney's "response also suggested that the meeting was permissibly closed to 'protect the privacy or reputation of individuals with respect to a matter that is not related to public business.' Because the appointment of a Treasurer is unquestionably a matter that is related to public business, it is difficult to see how this exception might have applied."

The full text of the compliance Board's opinion in PDF format may be found by clicking on this link to the the Attorney General's web site. For those readers without an Adobe Acrobat reader, we have provided an edition of their findings in HTML format. The text of the Town Attorney's, Wilmer [Bill] R. Ticer, Esq., response to the Board in PDF format can be downloaded by clicking here. In his response to the Board, Mr. Ticer notes that the "actual vote to appoint a public official should not be held in closed session."

Dismissal of the Town Treasurer We have been informed by Town Council members that Mayor Sue McGinnis has sent a letter to members of the Forest Heights Town Council informing them that Eureka White has been dismissed from her post as the Town Treasurer as of Friday, August 15, 2003. This came as a shock to Ms White, as well as many in the community who believed that the Town needed a competent Treasurer. As late as the first week of August the Mayor had been praising Ms. White's work in the performance of her duties as Treasurer.


Addendum

September Council Workshop Meeting  On the Meetings & Contacts page of this website, we had previously reported that the Town Council's September 2003 workshop meeting was changed from Tuesday, September 2 to Monday September 8. We were tipped off about this date change by a Town Council member and another Forest Heights citizen. We called Ms. Gray, the Town Clerk, to confirm this change in meeting dates. She said she didn't know anything about the meeting, and put us on hold as she checked with Mayor McGinnis on the meeting dates. When she came back on the telephone line, Ms. Gray said the Mayor told her that when regularly scheduled workshop meetings fall on a holiday, they are always scheduled for the Monday of the following week. Later, Ms. Gray called us back to say that she had neglected to read a memo that she distributed to the Council members about the new meeting date.


We then did some research. We discovered that the September 2000, 2001 and 2002 workshop meetings were held on the Tuesday following Labor Day. We also re-read the June 2003 Forest Heights News (PDF format) which on page 2 clearly states that the September 2003 workshop meeting will be on "September 2, 2003 at 7:30 p.m.," and is followed by the parenthetical statement "(Tuesday when Monday is a holiday or as absolutely necessary)." Apparently, neither the Mayor nor the Town Clerk read the June edition of the Forest Heights News.


More Addendum

Seven Town citizens who read the June edition of the Forest Heights News (see previous paragraph) showed up for the September Town Council workshop meeting on Tuesday, September 2, 2003. There was no meeting, because Mayor McGinnis rescheduled it for the following week. She neglected to tell Town citizens about the change in meeting dates. She didn't even have the courtesy to post a notice at the municipal building that the meeting date had changed. Perhaps Mayor McGinnis believes Town citizens have no interest in attending to Town Council meetings.

August 2003

PUBLIC NOTICE Special Meeting of the Town Council  The Forest Heights Town Council will hold a special meeting on Wednesday, August 20, 2003, at 7:30 p.m. The purpose of the meeting will be to discuss personnel issues affecting the Mayor and Town Council. Due to the nature of the issues to be discussed it is anticipated that part of this meeting will be closed to the public. The meeting will be held at the Municipal Building, 5508 Arapahoe Drive. The authority for this meeting is Section 33-6 of the Town Charter. The parts of this meeting that are not closed will be open to the public, and Town citizens are encouraged to attend. At some time during the meeting, the public will be given an opportunity to express their views.

June - July 2003

Town Council Passes FY2004 Budget  At a Special Meeting of the Town Council on June 30, 2003, the Town Council passed a budget on a four to two vote and appropriated funds for fiscal year 2004 which begins July 1, 2003. Mayor McGinnis was not present at the meeting and Council President Worthington Ross (Ward III) chaired the meeting. Voting in favor of the proposed budget were Worthington Ross, Councilwoman Sharon Mc Innis and Carmilita Smith-Barnes of Ward I, and Councilman Jerome Corrigan of Ward II.  Opposed to the proposed budget were Councilwoman Joyce Beck of Ward II and Councilwoman Paula Noble of Ward III.

A number of concerns were expressed by Councilmembers and citizens present regarding the proposed budget. Many of the concerns were about the lack of information available to evaluate the budget.  Councilwoman Beck expressed concern that she was unable to obtain information about the details that went into making up the budget, such as the number of personnel positions that were associated with the salary items in the various departments. Others expressed concerns about the deficit between revenues and budgeted expenditures of $52,404 that was part of the budget.

Council President Ross indicated that there were sufficient funds avalable now to cover the deficit and the Council would be studying the Town's financial situation early in FY2004 to help avoid future deficits.

Police Action  In a combined operation, the Forest Heights and Prince George's County Police arrested two individuals on Quade Street in Forest Heights in connection with the shootings that took place on June 17, 2003, and a few weeks earlier in the vicinity of the intersection of Ottawa Street and Terrell Avenue. The operation included more than a dozen police vehicles, including a helicopter and mobile command unit. According to the PG District 4 PG Police Unit, the persons arrested were charged with reckless endangerment. A follow-up investigation is continuing.

June 18 Town Meeting  The Mayor and Town Council were unable to reach agreement on the Town's budget for FY2004 at the June 18 meeting. Council members and citizens expressed concern about how the budget was developed and whether some of the estimates revenue and expense items were realistic. As a consequence, we have been informed that the Mayor and Town Council will meet at a special meeting on Monday, June 30, 2003 at 7:00 p.m. to vote on a revised budget now being prepared by the Town Treasurer, Eureka White. The revised budget that will be presented to the Town at the June 30 meeting can be downloaded in PDF Format by clicking here.


The June 30 meeting will be a critical for the Town, as there will be no legal authority for the Town to pay bills, including payroll, until a budget is passed. Approving the budget is also an appropriation, which is necessary before any funds can be withdrawn from the Town's Treasury.


Forest Heights News
The June 12, 2003, edition of the Forest Heights News, published monthly by the Town Government is now available on this website in Adobe PDF Format. Critical information not included in the June Forest Heights News edition is that there will be a public hearing on the FY2004 Town budget at the June 18, 2003, Town meeting. This Public hearing is required by Section 33-45 of the Town's charter. Notice of the public hearing is required to be published two weeks before the hearing in a newspaper, but that requirement has apparently been ignored in the case of the FY2004 budget.


The Forest Heights Police Report for May 2003 was also missing from the Forest Heights News. You can read it here in HTML format.


Update on Town Council Workshop Meeting:
At the June 2, 2003, Workshop meeting, Mayor McGinnis distributed a revised FY2004 budget to the Council members.  Council members requested time to review the budget and also that the Mayor permit the Town citizens to comment on it at a public hearing at the June 18, 2003 Town meeting. Mayor McGinnis appeared oblivious to the need for a public hearing on the budget, but condescended to their request. The Mayor's revised budget increased the amount to be appropriated for Trash Collection from $130,000 to $148,655. This item was increased because the Town's trash collection contract requires the larger expense. (Click here to view the revised budget figures in Adobe PDF format). At the bottom of each page of the budget is the notation "TOWN OF FOREST HEIGHTS Confidential." See the discussion below on Town Budget.


At the Workshop meeting, the Council elected Worthington Ross as Council President. The vote was 5 for Mr. Ross and 2 for Joyce Beck. The vote for Council President should have occurred at the Town meeting on June 18, 2003.


In a closed session after the open part of the workshop meeting, the Council voted to approve Eureka White as the Town Treasurer. Ms. White has a strong background in accounting and is a Forest Heights resident. Congratulations to Ms. White on her appointment.


The Town's Parliamentarian did not show up for the meeting so that agenda item was not discussed.


Mayor and Town Council to meet at their workshop session at 7:30 p.m., Monday, June 2, 2003.  The agenda was:

    * Nomination for Council President
    * Council Votes on budget
    * Council votes on Town Treasurer - Eureka White
    * Council member Mc Innis, Snow Removal
    * Council member assignments (PDF Format) (HTML Format)
    * Parliamentary Procedures

Town Budget  The Forest Heights News Report has reviewed Mayor McGinnis's proposed Budget (PDF Format) for FY2004 (July 1, 2003 to June 30, 2004) that was published in the May 15, 2003 edition of the Forest Heights News. The primary finding was that Mayor McGinnis overestimated the grant from the State Highway Department by $33,858 and understated the cost of the Forest Heights Trash collection contract by almost $19,000. We found some other errors as well, both positive and negative, and concluded that instead of a $22,798 surplus  projected by Mayor McGinnis, the Town will be in the red by over $53,000 in FY2004 if it tries to implement the Mayor's proposal. The Town Council will be considering the budget tonight. If it accepts our estimates of revenues and expenses projected for FY2004, it will need to decide on whether to finance the deficit from the Town's dwindling reserves, cut services, or raise taxes. (Click here to view our analysis of the budget in PDF format.)


Council member Joyce Beck's Inaugural Address  At the swearing in ceremony on May 21, 2003, newly elected Council member Joyce Beck gave extended remarks after she was sworn into office. Council member Sharon Mc Innis took exception to those remarks in a letter to Ms. Beck which we have reproduced here in PDF Format.


Click here for May 14, 2003, Election Results:

A note from the Editor: We thank the person who voted for George Wiggers in Ward I. However, we have the utmost confidence that Lynn Barnes will do an outstanding job in representing Ward I. Click here for post election statements by candidates:

Notice: A long-time Town resident is being required to vacate her rented house in Forest Heights because of new ownership. If you are aware of a house for rent in the Town that can accommodate her two disabled dependents, please send an e-mail to rentalhouse@forestheights.biz with information about the house.


May 2003

Home invasion.  On Thursday, May 1, 2003, a home was invaded and robbed in the 5800 block of Sachem Drive. Click here for the FHPD press release in Adobe Acrobat pdf format or HTML format.

Another incident occurred on April 29, 2003, about 5:30 pm, when about a dozen shots were fired near the intersection of Ottawa Street and Terrell Avenue. Children were playing in the street at the time and several citizens witnessed the shooting. At least two residents of Forest Heights were involved in the shooting and a minor was arrested. Luckily no one was injured. Please call the Forest Heights police department on 839-4040 or the PG County investigative unit on 749-5064 if you have any information regarding this incident.

On April 27, a vehicle was stolen on Pitt Lane.

April 16, 2003 Town Meeting.  The guest speaker, Joyce Beck of the Citizens Concerned for a Cleaner County (CCCC), did not show up in time for the meeting.  She was observed pulling into the handicapped parking space in front of the municipal building as citizens were leaving after the meeting.


Filling in for the guest speaker, Forest Heights Police Chief Brinkley gave a report on car stealing in the area and what motorists could do to keep their cars from being stolen. He noted that 13,400 vehicles were stolen last year in PG County, the highest number of vehicle thefts among Capital area jurisdictions. Luckily for the owners, 62 percent of these vehicles were recovered. Most of the vehicles were taken for joy rides. Chief Brinkley pointed out that insurance will usually cover the loss of a stolen vehicle, but the insured may have difficulty renewing their policy if they file a claim. There were six incidences of vehicles being stolen in Forest Heights this winter when owners left them running to warm up while they went back inside the house. Lock bars tied to the steering wheel or break pedal are usually effective in preventing vehicle thefts. Another device is called a Lojack, which does not prevent a vehicle from being stolen, but does improve the chance of it being recovered. Also, if the thief drives across the DC line, which is common in this area, Forest Heights and PG County police cannot pursue the vehicle unless it was used in the commission of a felony.

Chief Brinkley said that only three officers are currently on the Forest Heights police force, but he hopes to hire a fourth officer next fiscal year (after July 1). Responding to questions from the audience, he noted that people are applying for such jobs, but he and Lt. Sewell will need to carefully scrutinize any applicants because Forest Heights pays its new officers at the bottom of the pay scale.

The Forest Heights police motorcycle is in good running condition and the Chief is also looking forward to more bicycle and foot patrols which enable the Forest Heights police to get to know the Townspeople and do community policing.

During the Council business section of the meeting, Councilwoman Noble stated that the County now has an adequate supply of the yellow recycling bins, and a resident can obtain one by calling (301) 883-5045. She also noted that there was a successful youth summit on March 29 attended by 10 students from Forest Heights. Councilwoman Mc Innis said she had written to the Town's trash contractor regarding the need for the crews to place the empty trash cans back on the property and not leave than in the street.

Councilman Hines stated he was in favor of the Town acquiring a Town flag. He also said that he was in favor of setting up a program in the municipal building for people to learn how to use computers. George Wiggers volunteered to help write a proposal that would respond to the concerns of some Council members about the program. Another citizen volunteered to assist people using the computers if the program was instituted.

During the public period a citizen talked about the difficulty of driving out of Comanche Drive onto Livingston Road during rush hours and asked whether a traffic light could be installed. Another citizen pointed out that that intersection is also a school crossing. Councilman Corrigan said that the town had long complained to the County which is responsible for Livingston Road, but the County refuses to put a light at the intersection. Mayor McGinnis suggested the citizens circulate a petition demanding a traffic light and send it to the county.

George Wiggers noted that at the April 7, 2003, Town workshop meeting, there was a discussion about the need to adjust appropriations to cover Public Works snow clearing expenses, but there was no Treasurer to provide up to date financial data on the status of various accounts. He asked Mayor McGinnis when the Town would be getting a Treasurer since it has been without one since last November. Mayor McGinnis said that they hoped to hire a Treasurer in June, but refused to elaborate on why the Town had to wait another two months.

Another citizen raised a question about regulating day care business in the Town. Chief Brinkley explained that those businesses are regulated by the County.

Mayor McGinnis closed the meeting with an announcement that State Senator Lawlah will be the guest speaker at the May  21, 2003, Town meeting, which will include the swearing in of officials who are elected in the May 14, 2003 elections.

April 7, 2003 WorkShop Meeting. Chief Brinkley gave his police report emphasizing the issue of car theft. He announced that his part time officer, Davenport, had left to take a job with the Sheriff's department. That left him with a police force of two officers plus himself.

After Chief Brinkley's report, Mayor McGinnis announced that she was going to swear in Bessie Smith to the Elections Board to replace Larry Stoner who resigned to run for the Ward III Council seat. Ward I Councilwoman Sharon Mc Innis asked Mayor McGinnis whether the Council should first approve the appointment or whether she [Mayor McGinnis] had sole authority to appoint someone to the elections board. Mayor McGinnis said, "for the record," that she had the authority and then swore in Ms. Smith as a member of the Election Board. While the Mayor was swearing in Ms. Smith, Councilwoman Mc Innis obtained a copy of the charter and discovered it plainly stated in Section 33-24 that Council approval was required. Mayor McGinnis then polled the Council members as to whether they objected to her appointment of Ms. Smith. Ward III Councilman Quincy Hines said he objected, not out of any concerns about Ms. Smith's qualifications, but because Mayor McGinnis did not ask the Council to approve the nomination before swearing her in as an Election Board member, as required by the Charter. The other Council members did not voice an objection.

Ward II Councilwoman Anne Reifsneider said that the Public Works Department needed additional appropriations to cover the snow clearing expenses resulting from February's snow storm. She wanted to transfer appropriations under budget accounts to cover her emergency overruns, but because treasurer information was not available on the status of other accounts, the Council could not reach a decision

With regard to the issue of a Treasurer, Councilwoman Mc Innis said that she was aware of a qualified accountant who was interested in the job. She said she will provide the candidates résumé to the Mayor and Council members. Mayor McGinnis said that she has already interviewed a person and plans hire her. Councilman Corrigan said that the Council was at a standstill and questioned how the Council would get the information it needed to prepare next year's budget. McGinnis said that they should be getting the Treasurer in the next two weeks and would have the budget drafted by May 1. (see budget and finance page for document distributed to the Council around May 1, 2003).

The Council discussed the Municipal Building rental policy. One concern was whether the $1 million liability insurance policy that renters would have to purchase would be onerous and drive away potential renters. Councilwoman Reifsneider said that the policies are not that expensive, and could be purchased in conjunction with a home owners policy. The Council approved the policy with the understanding that if the insurance requirement caused difficulties for building renters, the Council would reconsider the policy.

The Council discussed a proposal by the Patriots Technology Center to place 6 computers in the Municipal Building for training and computer learning classes. The computers would be available to anyone and volunteers would teach people how to use them. Mayor McGinnis, Councilman Corrigan and Councilwoman Mc Innis opposed the idea because the program could possible attract the wrong elements into the Town. Councilwoman Reifsneider said that she supported the computers but there should be a written report dealing with the issues raised so the Council would have something solid on which to base a vote. Councilman Hines and Councilwoman Noble supported the concept. The issues in question included whether the electrical system in the building was adequate to support  6 computers, liability for the computers if they were stolen, supervision of those using the computers, operating expenses associated with the program, and controlling who would be permitted to participate in the program.

April 2003

Councilman Quincy Hines challenges Mayor Sue McGinnis for the Mayor's office in the May 14, Town Election. In other elective offices, Carmelita Smith-Barnes of Pitt Lane is running unopposed in Ward I. Joyce A. Beck is challenging Councilwoman Anne K. Reifsneider for the Ward II council seat, both of Seneca Drive. Five persons have submitted nomination forms for the Ward III seat being vacated by Quincy Hines.  They are Taunya L. Hines of Onondaga Drive, Worthington S. Ross of Tecumseh Drive, Larry M. Stoner, Sr. and Tanya L. Moore of South Huron Drive, and Dwight C. Harris of North Huron Drive. Mr. Harris was found not to be qualified because he is not a registered voter. Mr. Stoner resigned from the Election Board in order to run for office.

March 19, 2003 Town meeting: FHPD officer Lt. Sewell gave a presentation on the latest developments  in homeland security measures for the local area, and identified steps that Forest Heights residents could take to help authorities and improve their own safety. He noted that Forest Height's proximity to the Woodrow Wilson Bridge, National Airport and other key facilities, terrorists may want to use the Town to gather information. Residents should therefore be on the alert for any suspicious activities, such as picture taking by unknown persons, and report such activities to the police.

Lt. Sewell also identified several steps residents could take in case of terrorist incidents. First, it is important to know the location of nearby hospitals, and a list was handed out at the meeting (this can found on the Police and Homeland Security page). Other steps include having a stock of non-perishable food, fresh water in case the public water supply is contaminated, and a battery operated radio. Parents should check with their children's schools as to the schools' emergency plans. For example, in case of chemical or biological attack, schools may not let parents enter the school to avoid contamination. The PG Fire Department on Marcy Avenue in Glassmanor would be the first responder in case of a chemical incident. Lt. Sewell summed up by telling residents not to panic in case of attack, but follow the directions of authorities.

Mayor McGinnis presented awards and recognition to Public Works personnel Clark and Rosario, Councilman Corrigan, Police officers Brinkley and Sewell, and citizen Katie Clark for their outstanding services to the community during the February snowstorm.

During the public period, Mayor McGinnis stated that a memorandum that she signed was in reality a letter from the Town's auditor, Scott Russell, despite the fact that it had her signature on it (see Budget & Finance page). When pressed on the matter, Mayor McGinnis asked the citizen to write her a formal request for the information (see Editorials). Other issues raised in the public period included problems with residents putting their trash out in plastic bags, the trash contractor not putting the trash cans back onto the property and backing their trucks up the street, and the turnover and morale of town employees. Mayor McGinnis noted that Ms. Wilhelmina Gray is serving a probationary period as Town Clerk.

March 3, 2003

At the March 3, 2003 Workshop meeting, Mayor McGinnis distributed a memorandum to Council members explaining a letter from the Town's auditor, Russell Scott, but did not release Scott's letter itself. The Mayor's memo can be found on the Budget & Finance page. Council member Reifsneider put the Council on notice that the Public Works Department would be requesting a supplemental appropriation to cover the cost of snowplowing. She also released a draft of a Town policy regarding the posting of signs in the Town. Council members Corrigan and Reifsneider were praised by the Mayor for their extraordinary services to the Town during the last snow storm. Mayor McGinnis announced that candidates for the May 2003 election must submit their Certificate of Nomination form by April 2, 2003. The Mayor and Town Council then went into a closed meeting to discuss personnel issues.

Congratulations to Ms. Wilhelmina Gray for being appointed to the position of Town Clerk. She will be formally installed in this position at the March 2003 Town meeting.

February 26, 2003

At the February 26, 2003 Town meeting, Mayor McGinnis expressed her desire to increase Town property taxes when she exclaimed that "I'm in favor of raising taxes. Definitely!"  The statement was in response to a citizen's complaint about the need to upgrade town equipment, and the progress of the Town in obtaining grant money from Federal, State, and County levels of government.  During this discussion, the Mayor identified a number of notable improvements to the Town, such as a new stove in the municipal building and a upgraded phone system.  Mayor McGinnis identified the State of Maryland as the source of funding for the Talbert Drive improvement project.

Mayor McGinnis, in response to a question about the position of Town Treasurer, Mayor McGinnis said that the Town Clerk, Ms. Wilhelmina Gray, would soon be appointed as the Town Treasurer.  Council President, Anne Reifsneider corrected the Mayor by noting that Ms. Gray was not the Town Clerk, but an administrative assistant.

Lt. Sewell of the Forest Heights Police Department noted that the Department currently consists of four persons, including Chief Brinkley and one part time officer.  He also said that his patrol car, almost 10 years old, has 100,00 miles on it and requires his personal expenditure to keep it running.

Thomas Casey, Council member from Ward I who was elected by the Council in December, 2002, submitted a letter of resignation effective February 28, 2003. His reason for resigning was that he was moving out of Town and was no longer eligible to be a member of the Town Council.

February 17, 2003

Blizzard hits Forest Heights:  The 3d Wednesday Town meeting has been rescheduled to Wednesday, February 26, 2003 at 8:00 p.m. because of the snow conditions.  Also residents are reminded that vehicles may not park on the side of the street opposite the street lights during the snow emergency.  Cars will be ticketed or towed at the owners expense.  Residents are also reminded that adults living in a house with sidewalks out front are obligated to clear the sidewalks within 48 hours of the snow emergency.

If your car is parked on the street, please do not throw snow in the street when digging it out. It's an extra effort to pile the snow on the property, but it helps your neighbors and friends move through the Town and reduce accidents if the streets are kept as clear as possible.  Keep in mind that police, fire and rescue squads may need to move through the streets quickly in the event of an emergency.  If you see a fire hydrant buried in snow near your house, take the time to clear a path around it.  It could be your house that is saved. 

February 14, 2003

Headline News: At the Monday, February 3 Workshop meeting, the Mayor and Town Council discussed the overruns in the Town's Red Light Camera Program (RLCP), which was canceled last year.  Mayor McGinnis declared that the contracts for the RLCP were entered into illegally.  She cited a number of other problems with the program, including that the person doing the books didn't know what he was doing,  that the Treasurer, José González, was taking money from the Police Department instead of the RLCP and the cameras were put in without sufficient revenue.  She asserted that the Town should not have had a RLCP, and the Town is now in litigation over the contracts.

Forest Heights Police Chief, Clifton Brinkley disagreed with her saying that he was seeing an increase in accidents at the intersection that is no longer protected by the RLCP.  He did agree, however, that the program was not set up properly and there was no budget for it.

Mayor McGinnis said "Three months after I came in I finally accepted José's resignation because he did not know what he was doing; that's why he is not here now."  In responding to Council President Anne Reifsneider's critical comment of both Mr. González, and his successor as acting Town Treasurer, Ms. Dyer, Mayor McGinnis said "That's why those people are not here," referring to the fact that both staff members had resigned.

On the matter of the election coming up this May, Mayor McGinnis noted that herself and Council members Casey, Reifsneider and Hines were up for re-election.  She stated that at the upcoming Town meeting they would swear-in Larry Stoner, Shirley Peters, Wilber Smith as members of the Town's election board.  At that point, the Mayor was reminded that Election Board appointments need the approval of the Council, and Councilman Corrigan made a motion to approve their appointments, and was seconded by Councilwoman Paula Noble.  On a vote of six for confirmation and Councilman Hines opposing, the nominations were confirmed.

January 15, 2003

As reported earlier, The Town submitted its audit and financial report for the fiscal year June 1, 2001 through May 31, 2002 (FY2002) to the State of Maryland on January 3, 2003, two months late.  Click here for audit report. (Acrobat format)

The contents of the audit report are shocking.  Expenditures were in excess of appropriations for the following categories (Exhibit D):

    * General Administration - $14,198
    * Police Department - $160,042
    * Municipal Building - $1,519
    * Waste Collection and Disposal - $928
    * Roads and Drainage - $66,106

Expending public moneys in excess of appropriations is forbidden by Section 33-46 of the Town Charter.

Furthermore, the Town's financial reserves (cash, checking account, CD's and receivables) were drawn down by over $87,000 (comparing the FY2002 audit report with the FY2001 audit report).  The Town's budget for FY2002 authorized only $34,552 to be drawn from the reserves.

In some cases, the excess expenditure was offset by unexpected revenues.  For example, income taxes generated $32,909 more than anticipated in the budget.  The Red Light Program generated $53,701 above the $10,000 in anticipated revenues, and the Police Department received a $16,112 GOCCP grant that was not anticipated.  However, the Charter requires that these unanticipated funds be appropriated before they are spent, which was not done.

Additional details of the Town's financial FY2002 condition can be found in a supplementary Form F-65 (Acrobat Format) which was required to be submitted to the Maryland Department of Legislative Services.   This is a large 1.2 MB Adobe Acrobat file. Only pages that contain data are included in the file.

Addendum:  At the January 15, 2003 Town meeting, Mayor McGinnis stated that the Town does not have a Town Treasurer, and the last person holding that position was José González.  Mr. González resigned as Town Manager/Treasurer in December 2001, over a year earlier. She was not willing to explain this deviation from Section 33-40 of the Town Charter which requires that the Town have a Treasurer.

She further stated that the audit report now available on this website would not be provided to the Council members until Friday, January 17, 2003.

At the January 15, 2003 town meeting Mr. Thurman Jones Jr. of the Patriots Technology Center proposed to the Mayor and Town Council that they would supply computers to the Town to establish a youth technology training center.  The Mayor and Town Council agreed to further explore that proposal.