MINUTES
MAYOR AND COUNCIL MEETING
February 4, 2002

Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Mabel Mumford-Pautz, J. Brian Kirby, Whaland Clark, Harrison C. Bristoll, Jr., William S. Ingersoll, Town Manager, Jennifer Stead, Stenographer, and guests.

Mayor Bailey asked if there were any additions or corrections to the minutes of the previous meeting of January 22, 2002, or the Executive Session of the same date. Mr. Clark moved that the minutes be accepted as presented, was seconded by Mr. Bristoll and carried unanimously.

Mayor Bailey stated an Executive Session was held at 7:58 p.m. after the Mayor and Council meeting of January 22, 2002 to discuss personnel and real estate matters. The entire Mayor and Council was present and unanimously voted to go into executive session. A motion was made to hire a police office, promote an officer and to pursue the purchase of land. All votes were unanimous. The meeting was adjourned at 8:40 p.m. Minutes were taken and are part of the record.

Chief Coryell gave the police report for the month of January. The Chestertown Police Department made 30 adult arrests, involving the placement of 57 separate charges. There were 11 juvenile arrests, with 18 separate charges placed.

Chief Coryell stated there were 43 hours of foot patrol in the Hot Spot area during the month of January. There were 544 calls for service. 171 traffic stops were made, and 39 traffic citations issued. There were 5 physical arrests for traffic violations and 4 arrests for driving while under the influence. There was a total 95 hours in vehicle patrol through the Hot Spot areas and 78 parking citations issued.

Chief Coryell read a letter from the Sergeant Clayton R. Powell, of the Kent County Narcotics Task Force, commending Officers Wode, Standridge, and Dolgas and for their work. The officers seized over 30 grams of crack cocaine and 202 grams of marijuana along with $160.00 and an automobile during the month of January. Chief Coryell stated all the officers were doing a great job and he was working on the statistics for the annual report. He thought in spite of the personnel shortages, the officers had compiled an excellent record and demonstrated their commitment to making a difference in the community.

Mr. Ingersoll stated that there were 61 surveys sent to neighbors surrounding the area where the black vultures were roosting. There were 23 letters in favor of removing the vultures, 26 that were not, and 3 who would go along with either decision. Since more than ½ of the residents were not in favor of a public project to remove the vultures, the Town would not become involved at this point. However, there was information available on how to drive the vultures away and any of the 23 families who were in favor of driving the vultures from their property could apply to do so. There was no permit needed for harassing the vultures away with noise. However, the residents would need a permit issued by the federal government to kill a vulture if harrassment efforts failed.

Mr. Ingersoll stated any noise resembling the sound of a gun had to be recorded by the Town Office beforehand so the police could be made aware of what it. He also stated ideal times to scare the birds away were after sunrise and at sunset.

The Council decided there was not a need for official action since they indicated those who were disturbed had the right to do what they could to get rid of the vultures. Mr. Ingersoll stated information could be sent to the residents who were interested in removing the birds and it was available in the Town Office for anyone who would like to have it.

Mr. Ingersoll stated the State of Maryland mandated that all towns and jurisdictions pass stormwater management regulations that meet the 2000 State Code. He stated the regulations worked on water quality more than previous versions. Developments that did not disturb 5000 sq.ft. of land area were unaffected by the regulations. The beneficiary of the new regulations was the river.

The Town attorney had reviewed the document and approved everything except the section on violations and penalties. The State mandated that it be a misdemeanor with a $5,000 fine and the base document given to the Town said it could also be a municipal infraction. The Town attorney was uncomfortable with it being either/or and Mr. Ingersoll agreed. He recommended Section B from the document be removed in its entirety. Mr. Ingersoll stated this was the first reading of the new Chestertown Stormwater Management Ordinance No. 1-02.

Mr. Ingersoll stated he wanted to present the 2001 Planning Commission Report for approval and forwarding to the Department of State Planning. Mr. Clark moved to approve the 2001 Planning Commission Report, was seconded by Mrs. Mumford-Pautz and unanimously carried.

Mr. Ingersoll stated bids were opened on October 22, 2001 for the Kent County Visitor's Center. He stated that since that time, he had worked for Concurrence of Award from the major grantor agency, the State Highway Administration (SHA). The SHA administered Federal TEA-21 funds, $400,000.00 of which the Town was awarded. Last week the Town received Concurrence of Award. He stated the low bidder was J.J. DeLuca of 125 Stratford Avenue, Wayne, Pennsylvania. They were presently building Bethel AME and had built a building at Washington College. Their base bid was $849,000.00 with deductive alternates of $18,400.00 and $3,000.00, both of which he recommended the Mayor and Council accept. Mr. Ingersoll recommended the contract be awarded to the low bidder, with the understanding that he would work with them to bring the price down further as they went along.

Mr. Clark asked what the maximum ceiling was. Mr. Ingersoll stated $750,000.00 was the goal. He asked the Council to recall that more grants funds were needed before and he asked for more TEA funds. At that time the budget was $600,000 and he received an additional $160,000 in grant funds.

Mr. Clark asked if Mr. Ingersoll thought he could get the project down to $750,000.00, to which Mr. Ingersoll stated he thought he could.

Mr. Ingersoll explained the Town would be financing the difference between $550,000.00 and the ultimate cost, which he projected to be $750,000.00.

Mr. Kirby stated that there was no contract for businesses planning to use the office space that would operate from the building. Mr. Ingersoll explained there were verbal commitments from the Kent County Tourism Agency and the Kent County Chamber of Commerce to sign an agreement of understanding or a lease at the present time. He explained $1,000.00 per month would be received from the tenants, which was approximately the energy costs for the building and janitorial services. Mr. Ingersoll explained he went to see the Commissioners on the previous Tuesday and they agreed to the basic provisions, as did the Chamber of Commerce. However, although it was already on public record, he thought it would be prudent to have it in writing before the contract with the low bidder was signed.

Mr. Ingersoll stated that the County Commissioner's were going to look into the next budget for funding for a person to work downstairs. He explained there was a commitment to partial staffing and the Town committed to staffing the downstairs on the weekend and hours they could not. We would also use volunteers. There was $15,000.00 set aside for workers to greet the public on weekends on days and times the renting agancies could not supply a worker.

Mr. Kirby asked if the Town was in a position to commit $200,000.00 to this project. Mr. Ingersoll stated yes, the Town was debt free and though he hoped not to have debt, there were only two ways to raise money, raising taxes or debt. However, the Town was in a great position financially and he thought the Visitor's Center would be a positive effect for everybody involved, and it would bring more taxpayers to the area. Also, there was 2/3 to ¾ grant money paying for the project. Mr. Ingersoll also stated there was $50,000.00 received each year from hotel taxes. The revenues went into the general funds and unless they were spent on something visitor related, it was a shame for people to pay the tax and there be nothing in return for it. Mayor Bailey added that the hotel tax specified the money should be spent on visitor related services. Mr. Ingersoll stated $30,000.00 ($15,000 for debt service and $15,000 for staffing) out of the $50,000.00 would go back into the center.

Mrs. Mumford-Pautz moved to accept the bid of J.J. DeLuca in the amount of $849,000.00 with deductive alternates of $18,400.00 and $3,000.00 with the understanding that Mr. Ingersoll would work to further decrease the cost of the building, was seconded by Mr. Bristoll and passed with 4 in favor, Mr. Kirby opposed.

Mr. Ingersoll asked for an executive session following the meeting for personnel issues. Mr. Bristoll moved for an executive session under 10.508 of the Annotated Code of the State of Maryland for personnel matters at the conclusion of the meeting, was seconded by Mr. Kirby and unanimously carried.

Mayor Bailey stated she wanted to nominate Donald McCall to fill the vacancy in the Historic District Commission and the Council had received a copy of his vitae. Also, there were reappointments to the Historic District Commission for Robert Tyson, Patsy Hornaday and John Seidel. Mayor Bailey stated a vote would be taken at the next meeting.

Mayor Bailey stated the July 15th meeting would be held on July 22, 2002 at the request of a Councilmember who would be away.

Mr. Bristoll made a motion for payment of bills, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mr. Bristoll moved that the meeting be adjourned at 7:59 p.m. was seconded by Mr. Kirby and carried unanimously.

Submitted by:

Jennifer Stead
Stenographer

Approved by:

Margo G. Bailey
Mayor