Mayor Margo G. Bailey called the meeting to order at 7:33 p.m. In attendance were Council members Mabel Mumford-Pautz, W. Whaland Clark, 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 February 2, 2004. Mr. Bristoll moved to approve the minutes as submitted, was seconded by Mr. Clark and carried unanimously.

Mayor Bailey stated that cash on hand and in the banks was $639,097.31.

Mayor Bailey asked for a moment of silence to remember Bryan Nicholas Spry of Chestertown, who died in Iraq on February 13, 2004 at the age of 19.

Chief Coryell presented the 2003 Annual Report of the Chestertown Police Department into the record and said that the January 2003 statistics would be presented at the March meeting. Mayor Bailey thanked the Police Department for their work during 2003.

Pastor Fisher of the Gospel Church of God presented the Mayor and Council and Police Department with fruit baskets, expressing their thanks for all of their service to the community. Pastor Fisher thanked the Mayor and Council for allowing him to serve with the Council on projects throughout the year.

Mr. Ingersoll stated that the CSAFE team meetings were continuing and Pastor Fisher was an important member of the team. He said that CSAFE met with the Cabell Corporation and they were researching a “Light the Porch” program as well as cameras for the area. He said if several hundred dollars could be set aside for lighting in the budget, the Cabell Corporation might match the funds for the program.

Mr. Ingersoll stated that he was in receipt of a letter from Kent Center, who along with Head Start, had received permission to apply for the CDBG grant in 2003. He said that their bond issue would be about 1.6 million and that the Kent Center wanted to apply for the $500,000.00 CDBG grant, with the Town of Chestertown as the sponsor. He said a representative from Kent Center would appear at the next meeting, but a training session was being held on March 5 th and they wanted approvals so that a representative could attend.

Mr. Clark moved that Chestertown sponsor the Kent Center for the CDBG grant. The motion was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey stated that Darren Brozene, President of the Student Government Association at Washington College, had asked that the listeners be advised that the SGA was soliciting donations for the Washington Birthday Ball. In return they would receive a free ticket to the Birthday Bal. Mayor Bailey stated that anyone interested could contact the SGA at Washington College.

Mayor Bailey stated that the Betty Needles, Chairman of the Election Board Committee, was resigning. She said Ms. Needles would be hard to replace and thanked her for her service.

Mayor Bailey stated that a letter was received from the Humane Society asking that the Town adopt the Dog Control and Animal Cruelty Ordinances of the County. Mr. Ingersoll stated that the Town could meet with the County to make sure that any differences were worked out and suggested a universal code. He said that the Humane Society had stepped up their enforcement and was doing a good job. The Council stated that they would like Mr. Ingersoll to meet with the County to discuss the creation of a countywide Ordinance.

Ms. Bonnie Smith, a resident of Coventry Farms, was present and read a letter into the record documenting what has happened at Coventry from January 6 th through February 17 th, and other concerns that she had about the site. Ms. Smith asked when the residents would meet with Bob Ward, as no date had been set.

Ms. Terry Nickerson was present and had a letter to read into the record. She had specific lots that needed to be cleaned as follows:

Ms. Nickerson added that there was equipment left in the road, specifically a trailer that was left on Mayfair Drive and a white van that was left at Devon and Mayfair Drives and it would not start. She said that large trucks were going all the way to the end of Devon Drive and had a hard time getting out because it was a dead-end street.

Ms. Nickerson stated that permits were stapled to trees and one tree was removed that was not supposed to be. There were site plans that had trees to be “relocated”, which in her opinion, meant that they would be dumped somewhere.

Ms. Nickerson asked if there were sediment control permits and if there was somebody inspecting the site. Also, she questioned the length of time it took to issue a permit. When a building permit was issued, she asked who was the responsible party ensuring that the house was set according to the plans.

Ms. Nickerson stated that the residents attended the Planning Commission in January and there were 142 homes proposed to be built in 32 months. She said that they were addressing 10 houses and the problems that they were bringing to the community. She said that there would be too much traffic involved with the building of 142 homes and asked if work could be done over a longer period of time.

Mayor Bailey stated that she could not compel Mr. Ward to meet with anyone, but that in no way meant that she was giving up on the situation. She said that there were discussions in progress. Mayor Bailey stated that Mr. Ingersoll did everything in his power to make sure that the Town is well taken care of.

Mr. Ingersoll stated that he did talk to the developers and suggested that before all of the lots were sold, that the community be permitted to give their input. Because of his actions a new Review Committee was appointed by the developer, which included a Coventry resident. This would not have otherwise happened.

Mr. Ingersoll stated that he spent a lot of time ensuring that the residents were represented on the review committee because it was important in determining the setbacks, which the residents said was important to them. He said the Town zoning was a 30’ front setback and he could not force the developer to go any further back, but the Review Committee could.

Mr. Ingersoll stated that he hoped that their attorney had advised them that the 1991 addendum to their covenants stating the front yard setback was 5’ was a reality and not a typographical error. He said that addendum reverted their setbacks to the Town setbacks. Mr. Ingersoll stated that the review committee could change that, but the Town could not.

Mr. Ingersoll stated that he reviewed site plans for setbacks and not for tree notations. He said that any such notation did not allow the builder to remove trees. However, after he was advised the tree was removed he told the builder that he had to replace the tree and that no other trees would be removed. Mayor Bailey stated that the residents were in error to say that the Town lied to them because the Zoning Administrator’s job was to make sure that the Town’s zoning was being followed, and it was.

Mr. Ingersoll stated that he had negotiated the driveways would be moved around the trees.

Mr. Ingersoll stated that he would arrange the meeting between Bob Ward and the residents. He said the last six weeks have been spent taking care of a list of problems and the same ten homes were still under construction. No other permits have been issued.

Mr. Ingersoll stated that building permits were filed with the Town and were only signed after a positive review from Alan Coppage and all fees paid. Mr. Ingersoll stated that if the residents wanted to know every detail about the building permits, he would show them. He said that they had already received site plans and minutes.

Mr. Ingersoll stated that he saw the Review Committee as necessity for the community. He said one representative was better than none and they were scheduled to meet on Wednesday (February 18, 2004). Mr. Ingersoll stated that he immediately informed Ms. Nickerson once he found out who the new members of the review committee were. He said that the review committee was private, and it was up to the committee and the residents to give and receive information about private covenants. He said their attorney should advise them where to go from this point.

Mr. Ingersoll stated that permission was not asked for the home to be turned on Lot 42. However, the builder did meet the setbacks that were required. He said that corner lots did not have rear yard setbacks, they had two fronts and two sides and the builder could have located the house anywhere within the footprint and the Town would have to approve the permit. The house’s alignment was up to the builder.

Mr. Ingersoll stated that every day since November 2003 he has worked on problems from Coventry I. He said he would continue to work with the residents and give the best advice he could and that he and the Mayor and Council were doing everything that they were allowed by law to do.

Mr. Legg asked if there was a noise ordinance in effect for the Town. Officer House stated that there was a noise ordinance in effect 24 hours a day, 7 days a week but there was no true way to gauge construction noise, nor was he aware of a time enforcement for construction noise. Mr. Ingersoll stated that he could ask the builders to set voluntary hours for construction.

Mr. Ingersoll stated that Frank Adams had been selected for the review committee of Coventry I. Further, the Planning Commission reviewed Coventry II’s covenants and the builders agreed to have a resident of Coventry I on the review committee for Coventry II.

Dr. John Toll, President of Washington College, was present and stated that he was retiring from the College in one week and his successor would be announced at that time. He said that he was not in favor of an extension of the Historic District that would encompass the College. He said that eight college buildings were already on the Historic Register and that the College cooperated with the Town in every way when they were undergoing a project and, further, would appear at different commissions as a courtesy. He said that when funding became available the College had to move before the funds were lost due to time constraints and said that adding another commission that they had to go before would only take time away from them and could result in lost funding.

Dr. Toll stated that the College wanted to help in every way to benefit the Town and there was already much cooperation between the Town and the College. He said that the College would be happy to advise the Commissions anytime that work was slated to start but he did not see how it was beneficial to the College to undergo a further review.

Mr. Bristoll stated that the subject of the expansion of the Historic District had not reached the Council to date.

Dr. Toll stated that he understood that the issue had not been presented to the Mayor and Council and hoped that it would not reach them. He said that there were too many members of the Historic Commission who were employees of the College and they should not be allowed to place restrictions on the property of their employer, as it was a conflict of interest.

Mr. Bristoll stated that employees of the College could sit on a Commission but should not vote on applications concerning the College. Mayor Bailey stated that the Commission members were only making a recommendation to the Mayor and Council, but their voting to send the issue to the Mayor and Council had no place in law.

Mayor Bailey stated that the College would be included in discussions concerning the expansion of the Historic District when the issue was brought before the Council and at the time of public hearings. Mayor Bailey thanked Dr. Toll for his service to Washington College and to the Town of Chestertown.

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

Mrs. Mumford-Pautz made a motion to adjourn the meeting at 9:00 p.m., was seconded by Mr. Clark and carried unanimously.

Submitted by:
Jennifer Stead
Stenographer

Approved by:
Margo G. Bailey
Mayor