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MINUTES
MAYOR AND COUNCIL MEETING
September 5, 2000

Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., W. Whaland Clark, Mabel Mumford-Pautz and J. Brian Kirby, Police Chief Wayne Bradley, W. S. Ingersoll, Town Manager, Joan Merryman, Stenographer, and guests.

Mayor Bailey asked if there were any additions or corrections to the minutes of the Mayor and Council meeting and Executive Session of August 21, 2000. Mr. Bristoll moved that the minutes be accepted as presented, was seconded by Mr. Clark and carried unanimously.

Mayor Bailey stated that an executive session was held on August 21, 2000 at 8:05 p.m. pursuant to Sec. 10-508 of the Annotated Code of Maryland to discuss a contractual matter and a personnel matter. The entire Mayor and Council was present and voted unanimously to go into executive session. The Mayor and Council voted unanimously no the contractual matter. There was no action taken on the personnel matter. The meeting was adjourned at 8:25 p.m. Minutes were taken and are part of the record.

Mayor Bailey called on the Police Chief for the report for the month of August. Mayor Bailey asked if there were any questions of the Chief. There were none.

Mayor Bailey stated that a packet of information had been given to the Council regarding the request of the Chief of Police to go from the 8 hour watch schedule back to the 10 hour watch schedule. She stated she thought the Police Chief should be allowed to set the watch schedule that he chooses to work best for the community and the department. She said she did not feel the Mayor and Council should micromanage the police department. Mr. Clark said he did not feel the Council should be setting the hours for any of the employees and should not be voting on whether a department has 8 or 10 or 12 hour shifts. He said that should be set by each department heads and the Town Manager.

Mrs. Mumford-Pautz said Mr. Ingersoll was put in charge of the Police Department during the past year and a very extensive study was done about the hours. She said the last time it was discussed it was indicated that not enough time had passed with them working the 8 hour shift to know for sure whether it would be successful. She said she did not believe that they should come back after spending hours meeting over an issue in any department, and in less than six months be immediately ready to shift back to what was done before. She said Mr. Clark was not present during the meetings or executive sessions and it would be up to the rest of the Council to think about this. She said they had just approved a part time person and they should wait and see how that works out on the schedules. Mr. Clark said he was not saying the police department should go back to a ten hour shift, but that the matter of setting hours was not up to the Mayor and Council. If said if there are complaints from the public that there are things that are not being done, the Council can review the matter.

Mr. Kirby said he had voted on the matter before and he agreed with Mrs. Mumford-Pautz to some extent. He said he thought Mr. Ingersoll should study the issue and the information provided. He said Mr. Ingersoll should have the final call as he was in charge of the department. He said he did not feel that they should take every decision made over the past two years and because the makeup of the Council had changed, go back and vote on every issue that may not have been to everyone's liking.

Mayor Bailey said the issue was whether the police department was to be able to run their department in the way that works best for them. Mr. Bristoll added under Mr. Ingersoll's leadership. Mr. Clark moved that the shifts for the operation of the police department be decided between the Chief of Police and Town Manager and not come before the Council for approval. Mrs. Mumford-Pautz said she did not agree with that. She said she felt that the Chief of Police should be out taking a turn on the streets the same as the other officers. She said if everyone takes these shifts they would not be asking again for 10 hour shifts or extra people. Mayor Bailey called for the vote. The motion carried by a vote of 3 in favor, Mrs. Mumford-Pautz opposed, and Mr. Kirby abstained.

Chief Bradley asked since a motion by the Council previously had set the schedules at 8 hour shifts, were they still bound by that motion. Mayor Bailey said the Police Chief and Mr. Ingersoll should make the decision on the hours for the department. Mr. Ingersoll said a lot of the information in the packet they received came from a discussion he and the Chief had about getting more information. Mr. Ingersoll said he would not make any decision what he was supervising until he was sure that what deciding would be what works out for the best for the Town.

Mr. Ingersoll said there was a permit request for the Candlelight Tour on September 16, 2000 with the same street closings as they have had in the past. The Tour was from 5 p.m. to 9 p.m. The Council had no objections to issuing the permit.

Mr. Ingersoll said the Wildlife Festival Committee has submitted a permit request which included closing the block of Cross Street between Memorial Plaza and High Street to allow vendors to set up in the street from 11 a.m. to 6 p.m. on Saturday, October 21, 2000. He said in the past this has been done for the Tea Party but the street has been closed from Maple Avenue to High Street. He recommended that for safety it be closed at Maple Avenue.

Mr. Ingersoll said he had a late permit request from the Chestertown Volunteer Company who would like to sponsor the carnival again as they have done in the past. The carnival would be at Washington Square Shopping Center beginning on Wednesday, September 6 to September 9, 2000. The carnival will end at 10 p.m. Mrs. Mumford-Pautz moved that the permit for the carnival be granted to the Fire Company, was seconded by Mr. Clark and carried unanimously.

Mr. Ingersoll reported that the Department of Transportation approved a $240,000 grant for the construction of the Visitor's Center. He read a letter from Governor Glendenning. Mr. Ingersoll said he was going to a seminar on this on September 19, 2000. He said this grant along with the $150,000 bond bill from the Legislature puts the Town over the top on the project. He asked the Council if they would authorize him to proceed bidding out the project. Mrs. Mumford-Pautz moved that Mr. Ingersoll proceed with the bid documents with the architect and was seconded by Mr. Bristoll. Mr. Clark asked if the Planning Commission had reviewed this project. Mr. Ingersoll said the Historic District Commission had reviewed the project. He said except for the increased parking in the municipal lot there would be no other statutory reason for the Planning Commission to review the project. The vote was 3 in favor, Mr. Clark and Mr. Kirby opposed.

Mayor Bailey said wanted to thank Delegate Walkup for her assistance in the Town getting these grants. She said Delegate Walkup researched this and found that we could apply to the Department of Transportation for the grant.

Mr. Ingersoll said we were notified the highway user revenue adjustment resulted in our revenue being up about $40,000 from the budget figures we used. The SHA estimate was given to us in the Spring and then it is updated. The estimate for FY2001 is $291,657.14. He said their estimate for fiscal year 2002 the figure is $289,551.90. He said the figure has really been going up. He said we take their figures during the budget process. He said any changes to the budget on the use of those funds will be brought to the Council.

Mr. Ingersoll asked the Council for an executive session following the meeting to discuss a legal matter. Mr. Clark moved that an executive session be held pursuant to Sec. 10-508 of the Annotated Code of Maryland to discuss a contractual matter, was seconded by Mr. Bristoll and carried unanimously.

Mr. Ingersoll said there was a problem with a vendor at the Farmer's Market who was not supposed to be there and does not want to go away. The vender asked Mr. McCoy, the market manager, for a letter saying he couldn't be there although he never had health department approval to be there. Mr. Ingersoll said the vendor was not from Kent County, not even Queen Anne's or Cecil, does not sell local produce and has broken several health department regulations and not applied for a permit. Mr. Ingersoll said with the permission of the Council, he will write him a letter saying he was not invited to return. Mrs. Mumford-Pautz moved that Mr. Ingersoll send the letter, was seconded by Mr. Kirby and carried unanimously.

Mayor Bailey said at the previous meeting the Council agreed to change the date of the October Utilities meeting to October 23. She said another Councilmember cannot attend a meeting on October 23, 2000. The Council agreed to check their calendars to see whether they would be available on Tuesday, October 17 rather than the normal Monday, October 16, 2000. The date will be finalized at the next meeting.

Mayor Bailey read and signed a Proclamation proclaiming Constitution Week September 17-23, 2000.

Mayor Bailey read a notice of a liquor license hearing for Robert Koch, Steven Nabb and Georgetta A. Mercer for a beer, wine and liquor Class D license for the Village Tavern, 830 High Street. The hearing will be at 10 a.m. on Tuesday, September 12, 2000 at the Commissioners Hearing Room.

Mayor Bailey stated that one of the Garnett students worked at Art Works creating a totem pole made of masks created by the students in the summer program. She said Art Works has asked whether the totem pole can be displayed in the Town Hall lobby. The Council agreed that it may be displayed in the lobby.

Mayor Bailey read an invitation by the Maryland Heritage Areas Authority to make a site visit to the Lower Susquehanna Heritage Greenway on Tuesday, September 12, 2000. If you wish you attend please respond to the phone number on the announcement.

Mayor Bailey asked if there were any questions or comments. Mrs. Mumford-Pautz related the numerous problems that occurred over the past weekend with the partying being done by the college students in the community. She said the parking problem needs to be addressed. She suggested that the Town go to resident permit parking as people who have purchased homes cannot park when they get home. She said she does not believe that the students are really prepared by the College for living in Town. She said the Police Officers were called many times over the weekend and were not treated with respect by the students. She said we have the ordinances in place and people must learn to abide by them.

Mayor Bailey said the reaction from the students about the partying has been that the College Campus is now dry and they think they can drink anywhere else they want in Town. She said she had talked to Dean Maxcy, and Chief Bradley, who spoke to Jerry Roderick, about this and informed them that this will not happen. She said Dean Maxcy visited the three houses on High Street and advised the students that underage drinking is not legal and will not be tolerated.

Mrs. Mumford-Pautz said action needs to be taking on the parking issue. Billie Beck said if a resident parking program was started, then the owners cars will need stickers so they can be registered and identified. She said the Town needs to look at how many cars one person may have. She said she was aware of the situation in Mrs. Mumford-Pautz's neighborhood because she also lives there. Mayor Bailey said she will work with Billie Beck on the parking situation.

Mr. Clark said he had many reports from people who have a problem getting their trash picked up because the trash collector comes earlier and earlier. Mr. Ingersoll and he will inform Mr. Henry that he must not pick up anywhere earlier than 7 p.m. Mr. Ingersoll said if the trash was missed, the resident should call the office and we have Mr. Henry go back and get it the next day.

Mayor Bailey asked the Council to review the bills. Mr. Bristoll moved that the bills be paid as presented, was seconded by Mr. Clark and carried unanimously.

The meeting was adjourned at 8:10 p.m. on a motion by Mrs. Mumford-Pautz, seconded by Mr. Kirby and carried unanimously.

Submitted by:
Joan Merryman
Stenographer


Approved by:
Margo G. Bailey
Mayor

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