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MINUTES
MAYOR AND COUNCIL MEETING
September 15, 2003

Mayor Margo G. Bailey called the meeting to order at 7:34 p.m. In attendance were Council members Whaland Clark, Mabel Mumford-Pautz, James R. Johnson and Harrison C. Bristoll, Jr., W. S. Ingersoll, Town Manager, Jennifer Stead, Stenographer, and guests.

Mayor Bailey asked if there were any additions or corrections to the minutes of the meeting of September 2, 2003. Mr. Bristoll moved to approve the minutes as submitted, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey stated that cash on hand and in the banks was $154,363.10.

Chief Coryell was present and stated that for the month of August 2003 there were seventeen (17) adult arrests with the placement of twenty-eight (28) charges. There were seven (7) juvenile arrests with the placement of ten (10) charges. Two (2) civil citations were issued, eighty (83) motor vehicle citations, four hundred seventy-one (471) traffic warnings and a total of seven hundred ninety-two (792) calls for service were handled. He said that a six-month report in reference to traffic accidents in Chestertown was prepared for the State Police and there had been a total of one hundred twenty-one (121) accidents in Town from January through June.

Chief Coryell stated that he met with the Narcotics Task Force presenting the Town's plan for replacing the canine officer. He said the Narcotics Task Force presented the Town a check for $6,000.00 and Officer Beville's $2,800.00 payment for his dog would come to the $8,800.00 that was needed to purchase a new dog and cover the month training period. Officer Yiannakis would be the next canine officer, beginning training in November. Chief Coryell stated that the Narcotics Task Force had contributed a grand total of $24,400.00 so far this year.

Mayor Bailey stated that she had a news release from the Kent County Emergency Management Agency regarding the possible hurricane and read it into the record. Mayor Bailey stated that it was essential for the community to clean up their yards of debris and move cars away from trees. She also asked that the residents clear the street gutters of debris to help keep them from flooding.

Chief Coryell stated that he had extra officers prepared for duty if required.

Captain Edler thanked the Town for allowing employees to continue their education and stated he was taking classes at the University of Maryland.

Mayor Bailey cautioned pedestrians against walking in the streets. She said the schoolchildren especially were putting themselves in danger by walking in the middle of the road.

Mr. Darren Brozene, Washington College Student Government Association President, was present to give a report to the Council on events at the college. He said that new senators from each of the dorms had been elected for the year. There were many events happening at the college and they were preparing a budget for different organizations, but focusing on having student civic clubs meet with local organizations so they can work together on community projects. Mr. Brozene stated that the Rock Hall Trolley was back in service to the College from Thursdays through Saturdays. Mr. Brozene stated that his door was open to the Council if there were any problems or concerns. Mayor Bailey stated that a good project might be to have an organization at the college to shovel for the elderly in inclement weather.

Mr. Brozene stated that he could be reached through the SGA Office at 410-778-8742 or by email at dbrozene2@washcoll.edu .

Mr. Drew McMillan from The Sultana was present and stated that he would be hosting the Pride of Baltimore and The Lady Maryland on November 8 th and 9 th for "Down Rigging Weekend". He asked if the Pride of Baltimore could dock where the Sultana usually did and another boat dock by Mr. Riley's marina. He said Mr. Riley was in agreement.

Mrs. Mumford-Pautz moved to permit "Down Rigging Weekend" for the Sultana for November 8 th and 9 th , was seconded by Mr. Bristoll and carried unanimously.

Mr. Ken Noble, Chairman of the Chestertown Planning Commission, read a letter dated September 12, 2003 to the Mayor and Council into the record. The Planning Commission was requesting a one-year moratorium on building for the areas north and west of MD Route 291 within the Town boundaries and south and west along MD Route 289 to the Town boundaries. This moratorium would allow the Commission to complete the writing and adoption of the Comprehensive Plan and rezoning and better define the design and development criteria associated with the above-mentioned areas.

Mr. Noble stated that there were three components to a moratorium request. He said that the defined 12-month period was needed; the geography was well defined (not singling out one property owner); and the intention was to complete the Comprehensive Plan and rezoning.

Mr. Noble explained to the Council the work the Planning Commission was doing in order to present a current Comprehensive Plan. He said the zoning code had to work in conjunction with the Comprehensive Plan and there had been more than one interaction where developers were coming in with developments that did not fit the area. He described in detail how the Commission's vision of what the Town should look like when developed outside the Historic District. Mr. Noble stated that the geography of the moratorium was limited and was on the fringes of the Town. The gateways were very important to the Town.

Mr. Noble stated that when the code was working well, applicants could go straight to the permit process. He said infill development was smart growth and wanted to encourage that. Mr. Noble explained that the Planning Commission would like to have the opportunity to articulate better the areas included in the moratorium and the Commission, which did not always agree, was in unanimous agreement about that.

Mr. Ingersoll reported that Stewart Barroll indicated that 66B mandated that any moratorium be instituted by an ordinance, which could be an emergency ordinance by Charter.

Mr. Ingersoll stated that the Comprehensive Plan the Planning Commission was working on was done page by page by the Commission. This was the main reason it had taken so long because they did not farm it out. He said it was very difficult to put everything in writing so that developers would understand what makes Chestertown so unique.

Mr. Bristoll stated that the Council owed a tremendous debt to the Planning Commission and wanted to move along the moratorium as per their request.

Mr. Bristoll moved for Mayor Bailey to sign a Resolution declaring a one-year moratorium on development proposals which have not yet received conceptual or preliminary site plan approval in the following areas: (1) the undeveloped area north and west of Md. Rt. 291 within the Town boundaries, and (2) south and west along Md. Rt. 289 to the Town boundaries. The motion was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mr. Bristoll stated that he wanted the residents to be sure that the moratorium was not a negative to the Town, rather it was allowing the Commission time to do things better.

Mr. Ingersoll stated that before the hurricane arrived the Town would be cleaning the storm drains and asked that no yard waste be put in or near the gutters. He said this would cause flooding. Mr. Ingersoll stated that brush should not be put out on Thursday at all.

Mr. Ingersoll stated that the Board of Elections had a meeting earlier in the day and certified one petition for candidacy. He said this meeting was the opportunity for candidates to get approved while there was still time to correct their petitions if they were faulty.

Mr. Ingersoll stated that there would be a public hearing for a zoning text change to section 170-15 of the zoning ordinance on Monday, October 6, 2003 at 7:00 p.m. This text change would better define the projects, which would require site plan review by the Planning Commission pursuant to article 66B of the State of Maryland.

Mr. Ingersoll stated that at 7:15 p.m. on October 6, 2003 there would be a public hearing on a proposed zoning map amendment to the properties at 201 and 203 Maple Avenue. These two properties were proposed to be changed from R3 (two family residential) to RB (Professional Office). He said that neighbors to the properties have been advised of the hearing.

Mr. Ingersoll read the Amendment to Vehicles and Traffic, Chapter 160 into the record. He said that this was for overnight or long-term parking of commercial vehicles on Town streets. Mr. Clark moved to approve the Amendment to Vehicles and Traffic, Chapter 160, was seconded by Mr. Bristoll and carried unanimously. The amendment would become effective on October 5, 2003.

Mr. Ingersoll stated that he received a permit application from the Kent County Community Marching Band for use of Fountain Park on September 19 th from 7:00 p.m. to 8:30 p.m. The Band also requested use of the Town chairs for the event. Mr. Clark moved to approve the permit as presented, was seconded by Mr. Bristoll and carried unanimously.

Mr. Ingersoll stated that he received a permit application to hold the 2003 Kent County High School Homecoming Parade on Saturday, October 4 th at 9:30 a.m. Mr. Clark moved to approve the application as presented, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mr. Ingersoll stated that the People's Bank of Kent County was loaning money to the Chestertown Volunteer Fire Company in the amount of $280,000.00. He said the Fire Company asked that the Mayor and Council be the guarantor over the loan. Mrs. Mumford-Pautz moved to approve the Mayor and Council as the guarantor for the loan, was seconded by Mr. Clark and carried unanimously.

Mr. Ingersoll requested an executive session for a sale of properties and a personnel matter. Mr. Bristoll moved for an executive session directly following the Mayor and Council meeting pursuant to section 10.508 of the Annotated Code of the State of Maryland to discuss sale of properties and a personnel matter. The motion was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey stated that there was a public forum being held at 7:00 p.m. on Monday, September 22 nd in the Humanities Building of Chesapeake College in Wye Mills. The topic was "Protecting the Eastern Shore's Water Resources".

Mayor Bailey stated that there would be a ribbon cutting ceremony at the new SOS Building on High Street at 11:00 a.m. on Tuesday, September 16 th .

Mayor Bailey read a proclamation declaring the week of September 17 th through the 23 rd of 2003 as Constitution Week.

Mayor Bailey stated that the Town Office was welcoming sign-ups for the Echo Hill river trip for town residents on October 10 th from 3:30 p.m. to 7:00 p.m. Mr. Ingersoll stated that up to thirty (30) people could attend, with fifteen (15) people on each boat.

Mr. Bristoll moved to reappoint Alex Rasin as Chairman of the Ethics Commission for a three years period beginning July 1, 2003 was seconded by Mr. Clark and carried unanimously.

Mr. Clark moved to reappoint Ted Hornaday as an Alternate to the Board of Appeals for a three-year period beginning July 1, 2003 was seconded by Mr. Bristoll and carried unanimously.

Mr. Bristoll moved to appoint Cynthia Saunders for a three-year period beginning February 1, 2003 and Jane Scott for a three-year period beginning September 1, 2003 to the Tree Committee, was seconded by Mr. Clark and carried unanimously.

Mr. Clark moved to reappoint Davy McCall to the Historic District Commission for three years from September 1, 2003, was seconded by Mr. Bristoll and carried unanimously.

Mr. Bristoll moved to appoint Joanne Tobriner to the Tree Committee for a three-year period from September 1, 2003, was seconded by Mr. Clark and carried unanimously.

Mr. Clark moved to appoint Lanny Parks as an Alternate for the Board of Appeals from a three-year period beginning September 1, 2003, was seconded by Mr. Johnson and carried unanimously.

Mayor Bailey read a thank you letter from the Art in the Park Committee into the record.

Mayor Bailey stated that on September 24 th there would be a Chestertown Recreation Park Study Committee held at the Town Office at noon.

There being no further business, Mr. Bristoll made a motion to pay bills. The motion was seconded by Mr. Clark and carried unanimously.

Mr. Clark made a motion to adjourn the meeting at 8:30 p.m., was seconded by Mr. Bristoll and carried unanimously.

Submitted by:
Jennifer Stead
Stenographer

Approved by:
Margo G. Bailey
Mayor

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