Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Council members Whaland Clark, Mabel Mumford-Pautz, James R. Johnson and Harrison C. Bristoll, Jr., Jennifer Stead, Stenographer, and guests.

Mayor Bailey read the state of Municipal Affairs for the year 2003 in the record. The report covered financials, staffing, achievements for the year 2003, and goals for the year 2004. Congratulations were given to Town employees for their hard work. A special thank you was given to Mr. Medford Capel, who retired in December 2003 after 52 years of service to the Town.

Mayor Bailey swore in Whaland Clark as 2 nd ward councilman.

Mayor Bailey swore in James R. Johnson as 4 th ward councilman.

Mayor Bailey asked if there were any additions or corrections to the minutes of the meeting or executive session of December 15, 2003. Mr. Bristoll moved to approve the minutes as submitted, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey stated that an executive session was held on December 15, 2003 to discuss police matters. No motions were made or passed. The executive session was adjourned at 9:18 p.m. Minutes were taken and are part of the record.

Chief Coryell introduced and swore in new officers Mark Berard and Joseph Brian Redman to the Chestertown Police Department.

Chief Coryell promoted Detective Richard H. Beck, Jr., and Officer First Class John A. Dolgos to the rank of Corporal, swore them in, and presented them with new badges.

Chief Coryell gave commendation pins to the following officers for their service: Pfc. Shelly Standridge for over 138 CDS arrests with "Dingo" and for her dedication to the canine service; Pfc. Shelly Standridge, Chief Walter T. Coryell, Pfc. Dolgos, and Pfc. Yiannakis for their service on December 24, 2000 disarming a woman who was attempting suicide, Sgt. Wode received the medal of valor for his work during this call; Officer House for his undercover work with the Narcotics Task Force in 2002; Detective Beck for his handling of a bank robbery in February 2002; Pfc. Dolgos for his handling of an armed robbery in September 2003; Capt. Robert Edler, Officer Carolyn Jenkins, and Det. Richard Beck for their handling of an armed robbery in April 2003.

Chief Coryell presented service pins as follows: 5 years of service to Pfc. Yiannakis and Pfc. Standridge; 10 year service pins to Sgt. Wode, Det. Corporal Beck, and Corporal Dolgos; 15 years of service Captain Edler and Administrative Secretary Janet Legg.

Ms. Bonnie Smith and other members of the Coventry Farms Community were present to discuss problems with development occurring in the community. Ms. Smith stated that she resided at 308 Mayfair Drive. She said that the community was growing, which the residents were aware was going to happen, but they did not feel as though the restrictions and covenants in their deeds were being honored. She said that covenants were designed by a review panel and was recorded in the courthouse to be in effect for twenty-five (25) years.

Ms. Smith had pictures of some of the properties being developed by Bob Ward Homes. She said the biggest problem was the setback of the homes, which did not line up with the frontage on other homes along the street. The site was also unkempt.

Mr. Bristoll suggested to the homeowners their need for an attorney. Ms. Smith stated that she thought it was up to the Town to enforce the restrictions.

Mr. Ingersoll stated that the Town could not enforce the deed restrictions as they were private covenants between property owners. He said that the Town enforced setbacks that were in the zoning code, adding that the front yard setback designated by the Town was set at 30'.

Mr. Ingersoll stated that the buildings under construction were at least 40' from the curb or 30' from the property line, which met Town code. Further, he had called the developer and advised them that the residents were unhappy. After talking to the developers, all applications received came with a 40' setback from the front property line, which would be about 50' from the curb.

Mr. Ingersoll stated that he was not issuing any more permits.

Mr. Nickerson of 310 Mayfair Drive wanted an explanation as to why a covenant that was recorded in the courthouse did not have to be legally enforced by the Town. Mr. Ingersoll stated that the covenant was legally enforceable among the property owners only. Mr. Nickerson asked why the Town would issue a permit supporting a setback that was less than what was in the covenants. Mr. Ingersoll stated that the Town could enforce zoning setbacks but added that having read the Coventry covenants that they did not support setbacks greater than the ones in the Town zoning ordinance.

Mrs. Nickerson expressed her concerns about basements that were not fully dug into the ground. She also said that the stones on Town roads should not be there and would cause a problem if the weather turned bad.

Mayor Bailey stated that she would call Bob Ward Homes to schedule a meeting. Mr. Bristoll suggested that Coventry Farms homeowners get an attorney and Mr. Ingersoll work with the Town attorney to find out what exactly was happening at the site.

Mr. Ingersoll stated that the homeowners needed to find out who the members of the review committee were. He said he would have Bob Ward Homes display their permits on the lots, remove trash from the site, take stone off the road, and would see that their work was finished before any new permits would be issued.

Mr. Ingersoll stated that a future meeting could be arranged between Bob Ward Homes, several representatives from Coventry Farms, and the Mayor and Council to discuss those issues. Ms. Smith stated that residents had tried to contact Bob Ward and received no answer.

Mr. Ingersoll asked the Council if permits should be pulled on houses that were issued permits over six months ago and were not done. Mayor Bailey stated that might give the owners some leverage. The Council agreed. Mr. Ingersoll stated that the end of February would be six-months for the first permits expiration. Mr. Ingersoll stated that all permits had six-month time limits but the luxury of a routine extension of six-months was automatically granted if the builder was making normal progress.

Mr. Ingersoll stated that Coventry Farms was annexed into the Town in 1988. Mr. Legg stated that he was not aware that the restrictions he built under were not under the Town's zoning. He said that when they were incorporated into the Town the residents needed to be notified that the covenants were different from the Town's. Mr. Ingersoll stated that was up to the review committee who designed the covenants in the first place. He said the 50' restriction was changed to 5' within the first two years of the development and all residents received that amendment.

Mrs. Nickerson stated that she was the first in the development and they were at least 70' from the front setback and the other homes that were built followed their lead in order to make the community uniform and all other builders followed the uniform streetscape until Bob Ward started building.

Mr. Bristoll explained that the Town was restricted on what it could do for the residents. He said that the community had to get a lawyer to protect their interests. Mayor Bailey stated that the review committee should be in place looking over all of the plans for the homes.

Mr. Ingersoll stated that the residents had tools in the covenants that they needed to use. He said with the help of the Council there were some issues that could be addressed, but the review committee should be in place to regulate conformity. Mayor Bailey again advised the residents to get an attorney to represent them.

Mayor Bailey stated that she would make sure that the neighborhood was cleaned up, the stoned would be cleaned, and that the permits were displayed.

Mrs. Smith stated that lots 6, 7, and 56 had been staked and asked that the builder be prohibited from digging the site. Mr. Ingersoll stated that he would contact the builder, request a meeting, and ask that the lots not be dug. Mrs. Smith added that lot number 80 (Leeds Court) had a tree where a driveway was going to go in and thought they were planning to take the tree down. Mr. Ingersoll stated that he would look into that lot as well.

Mr. Ingersoll stated that all the permits that were issued were already "in play". There were four (4) permit requests that would not be issued and the ones that were staked would be discussed, with a request that that no further digging take place until the permits that had already been issued were finished.

Mr. Legg asked that Lot 83 on the corner of Leeds and Mayfair be setback in line with the other homes on Mayfair Drive when built. Mr. Ingersoll stated that the residents needed to find out who the review committee was, as they should oversee that the deed restrictions were being followed, reminding the residents that they were private covenants.

Mr. Ingersoll requested that the residents pick four or five spokespeople to attend the meeting with Bob Ward Homes. The residents agreed. Ms. Bonnie Smith was the person to be contacted by the Town in the future.

Ms. Smith stated that the builder also had to be advised to move their equipment as they were leaving it all over the development. Ms. Nickerson stated that blacktop was coming up because of rushing water.

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

Submitted by:
Jennifer Stead
Stenographer

Approved by:
Margo G. Bailey
Mayor