The first order of business was to swear in the recently elected Mayor and Councilmembers. Clerk of the Circuit Court Mark Mumford gave the oath of office to Margo G. Bailey, Mayor. Following that Mayor Bailey administered the oath of office to Councilman Harrison C. Bristoll, Jr., and Councilwoman Mabel Mumford-Pautz.

Mayor Margo G. Bailey called the meeting to order at 7:35 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., Thomas A. Gross, Sr., Mabel Mumford-Pautz and J. Brian Kirby, Police Chief Wayne M. 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 meetings of November 17, December 1 and December 15, 1997. Mr. Bristoll moved that the minutes be accepted as presented, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey called on Chief Bradley for the police report, a copy of which was attached to these minutes. Chief Bradley said the department has purchased the new dog, a shorthaired German shepherd from Czechoslovakia, and Richard Strong picked the dog up yesterday. He reported that the yearly statistic report will be ready for the next meeting. He said it appears that crime was down 4% over last year.

Mayor Bailey asked Chief Bradley to clarify for residents the placing of "No Trespassing" signs on their property. Chief Bradley explained the process stating that a person, owner or tenant, must give persons who are on the property without permission due notice, either in person or by mail that they must not be on the property. The State's Attorney prefers that notice be given in writing. If the person returns to the property, the owner or tenant may charge the person with trespassing. He said signs on the property allow the police officer to remove people from the property, however, the owner or tenant still has to go to court to make the charge. He said that was what was needed - the owner or tenant to be willing to go to court to make the charge. The involvement of the owners or residents is what it will take to enforce the trespassing. Mayor Bailey asked about seminars or classes to educate people on the process. Chief Bradley said John Mark has done this several times and will do it again especially in the Hot Spots area. He said it was the same 6 or 8 people who attend and we are not getting the community involvement. He said John Mark was willing to hold additional classes on whatever the community would like. He said there may not be a hot spots grant next year if we cannot show public involvement and participation. Mayor Bailey said it might help if we send a notice to property owners in the area that this service was available and that we need their involvement.

Earl French said he could video the person who teaches the classes and run the video on the public access channel for the public's information. Mayor Bailey said that was a good idea.

Mayor Bailey asked if there were any questions of the Chief. Mrs. Mumford-Pautz asked if there was anyone present from her ward who had spoken to her about problems. Mr. Charles Elliott said he has people on his property, boards being torn off the fence, a basketball stand in the right-of-way and a lot of children. Mumford-Pautz said the people causing the problems all live within a two block area, they hang out on the streets and at the senior citizen project. She said Mr. French could come and video what they have to put up with on the streets. She said the people stalk each other around, bum money from others, purchase alcohol in the stores and drink right in front of her on the street. She said she has fought against the stores selling alcohol. She asked again for more foot patrols in the neighborhood, twenty-four hours a days for two days. Mayor Bailey asked Chief Bradley to see to that.

Patsy Whiteley said she has a property listed on High Street and she has no problem posting it. She said when she goes to show the property, there are people on the porch. She said the people scatter and you cannot get the names. Chief Bradley asked that she call the Police when she is going to show the property and they will get their first and get the names or arrest them. Mr. Kirby said at some point, Mrs. Whiteley as the agent, or the owner must go to court to testify that the property was posted for no trespassing.

Mrs. Mumford-Pautz said when Calvert Homes was built the alley was left open for fire safety and now there was a portable basketball hoop with cinder blocks around it in that alley. She said she has asked the Mayor and Council to back her up, and come up there and see how people have to live. She said she had seen two police officers in her ward for five minutes since Christmas day and has not seen any others day or night. She said she wanted the living conditions the same way in her ward that they are in the others. She said there are people without homes in her ward that are hanging out and sleeping in the senior apartments complex. Mayor Bailey said in order to have people arrested, the property owners have to be involved and go to court. Mrs. Mumford-Pautz said there was a property on College Avenue that she has asked to have cleaned up, and it may be in the name of CDA or a bank. She said the police department tells her they have written letters and if there was no owner, she wanted to know where the letters go. Mayor Bailey asked Chief Bradley to patrol the area and we will follow up on the house on College Avenue. Mr. Ingersoll said he thought it was in the name of Chevy Chase Bank. He asked if there were people in the house. Mrs. Mumford-Pautz said there are people hanging out and drinking in the house. Mr. Ingersoll said we have hauled trash away and billed them for it. He said we can secure it.

Mr. Ingersoll said he heard this morning about our senior project and we know how people are getting inside. He said it is locked every night and people are going through a willing accomplice's apartment and opening the door. He said we are evicting the tenant in question. He said we should be able to remove the persons who do not belong there from the project.

Mrs. Mumford-Pautz said that Sandy has been chasing the people out of the store and was chasing them out of the Laundromat where they use the bathroom. She said it was the same problem as exists on the private properties. She said there has to be some law on the books that will curtail what was happening in her ward.

Mayor Bailey called on Ann Hoon who requested time on the agenda. Mrs. Hoon said she has an exciting project to discuss. She said in February 1940 a film was made for Kent and Queen Anne's Hospital for a fund raiser by Home Town Film Company in Lancaster, PA. She said the black and white film was an hour and fifteen minute, nontalking movie which showed life in Chestertown in 1940. She said several years ago the film turned up in the Town Office and video copies were made from it. She said a professional group has looked at the tape and they advised it was an historic gem that Chestertown owns. She said the film shows a rural lifestyle which ended with the Second World War. She said they have gotten a professional group, Audio Visuals, Inc., to edit and narrate the film and add live scenes from today. She said the cost to do the film correctly will be $25,000. The Kent County Arts Council will be the repository for the funds which they will raise through corporate sponsorship, service organizations and private donations. When the film is completed they will show the new tape on May 1, 1998 at Tawes Theatre at Washington College. Sponsors will get free access to the showing and get a tape and a minimal charge will be made for others to see it. She said they will then sell the tapes for $25.00 each. She said the proceeds from that will come to the Town of Chestertown and be earmarked for the waterfront promenade.

Mrs. Hoon said they are requesting that the Town obtain the copyright for the film. She said then anytime that public television sells the film, the Town will receive the money. Mr. Bristoll asked how long the film would be. Mrs. Hoon said the final film will be one hour long. She said anyone who would like to borrow the tape to view it, she will lend them the tape. Mr. Ingersoll said he can play the tape again on Channel 3. Mr. Gross asked who owned the film originally. Mrs. Hoon said they can only assume that Kent and Queen Anne's Hospital owned the film. She said they are working from the video (dubb) tape that was copied from the film. She said no one seems to know the whereabouts of the film now. Mr. Bristoll said he thought we should have the Town Attorney check the ownership position of this and see how it should be handled. Mayor Bailey asked the Council if they agreed that we should have Mr. Barroll clarify the ownership and work on getting a copyright for the film. Mr. French asked if there was a cost for the copyright and would it be shown in MPT. Mr. Bristoll said there would be legal fees for the copyright. Mrs. Hoon said she did know about fees for MPT, she thought they could just show the film. Mayor Bailey said she will talk to Mr. Barroll about the ownership and the copyright.

Mayor Bailey called on Dorothy Sisco from the Faith Church in Millington. Elder Celestine Burke was also present from the Church. Ms. Sisco said their are asking for a location in which to locate a van one day a week, Wednesday from 12 noon to 2 p.m. where they will distribute meals to those in need. She said they have been doing this in Denton and Centreville. She said they distribute clothing, blankets, etc. from the Church to people in need. She said she had looked at the Town and considered the area by the Park where the Farmer's Market was or in back of the old school building on Calvert Street. Mr. Ingersoll suggested they consider the Kirby Memorial property next door to Town Hall. Mrs. Mumford-Pautz asked if records were kept and if they check to see if the people are in need. Ms. Burke said they do not currently make these checks nor do they work with Social Services. She said they are just trying to fill a need and trust that people will not take advantage of it. She said they are serving the alcoholics, drug addicts and homeless once a week. Mrs. Mumford-Pautz suggested they consider a location near Barker's or near the Calvert Homes and asked Mr. Ingersoll what land the Town owned in those areas. Mr. Ingersoll said the Town owns 700 High Street and the lots behind Bethel Church at Calvert Homes. Mayor Bailey said she had no problem with wherever they might want to locate. Mr. Bristoll suggested that they meet with Mr. Ingersoll and view the various sites in Town and decide where they would like to locate the van. Mayor Bailey said when the location is decided upon we will advise the Police Chief where they will be.

Mayor Bailey introduced Talbert Rowe from Crestar Bank who discussed the 4 mortgage grant program. Mr. Rowe explained the process for obtaining a mortgage under this program. He stated that since the Town was awarded this grant, CDA has learned that the upper limit for the sale price of homes in Kent County as set by FHA has been raised to $130,150. The limit as established in the grant was according to the old limit which was $104,650. He said it is now incumbent upon the Town of Chestertown to give the authority to raise the limit for the sale price or mortgage under this program and put it in line with the FHA limit. He said that Patsy Whiteley and Doug Ashley had put together information on the properties listed for sale in the area covered. Ms. Whiteley distributed the sheets with property listings. She said the average price range in listing and sold properties was $84,000 and there was one property listed for $129,000. She said it was unlikely there would be more than one or two in that price range in the designated area. She said ones that are over that amount are the historic homes, duplexes or multi-family buildings that would not sell for that price in any event. Mr. Ashley stated that there are 28 properties for sale in that area, all but one for under $80,000, and the one for $129,900. He said he has that one for $129,900 under contract if the family can obtain the mortgage under the grant program at 4%. He said there would be plenty of money left for other loans. He said the other properties have been on the market for up to 531 days, almost a year an a half. He said the young couple was aware of the area where the home was located, they want to be in the community and help improve the community. The house was currently rented to college students and this would mean it would become an owner occupied dwelling which would be an asset to the neighborhood.

Mayor Bailey said she would recommend strongly that the Council raise the sale price limits under the grant to encourage getting more houses into owner-occupied homes. She said when she did the figures for the grant she used $75,000 as an average home price and figured that about 15 properties could be sold and financed within the two year period. She said this was an opportunity now to start getting families back in the neighborhood. Mr. Gross asked how many individual homes there were in the area vs. rental apartments. Ms. Whiteley said that probably half of the homes in the area are rentals, but this mortgage program was limited to single family homeownership dwellings. Mr. Bristoll moved that the upper limit on the 40 at 4 mortgage program be raised to $130,150. There was no second to the motion.

Mayor Bailey asked for objections from the Council. Mr. Kirby said there are 27 properties out of 28 that fall into the price limits and the one that does not fall into the limits was not in the 500 block of High Street. He said he felt that most of the money should be spent in that block or that general vicinity. He said he did not see a need to raise the limit. He said if there were not houses currently listed, as soon as this money becomes available for that higher price range, anyone who was in that target area could put a house up for sale. He said the houses at that upper price were not the ones he was voting for to receive the money in the first place. Mr. Ashley said this house was clearly in the district earmarked for the money, and while he was showing the house the police were doing a drug arrest in front of the house. Mr. Kirby said he did not dispute that it was in the district, but that most of the money should be in a more concentrated area, the 500 block, and that the program was to put families in the more ramshackle homes that would be fixed up in the 500 block. He said if you could sell everything on the outskirts of the area for $125-130,000 it would still not solve the problems that Councilwoman Mumford-Pautz has with that ward. Mayor Bailey said there are multi-family rentals in that block and she would like to see single family owner occupied homes go back in as that produces a more stable neighborhood. She said it was important to keep a mix of people in neighborhoods rather than have little economic islands of society. She said when the middle class moved out of cities, businesses moved out and only people of poor means are left in the cities. She said this causes neighborhoods to fall into disrepair and the mixture of people of different economic means was a strong bond for a neighborhood. She said this would include a variety of houses with a variety of people being attracted to the neighborhood.

Mr. Ashley said this would be an opportunity to welcome one more young family into Chestertown, tax paying citizens interested in the neighborhood. Mr. Kirby said that was the only property on the sheet he was given that was over the limit, and if the price were lowered to fit into the program, he would have no objections. Mr. Ashley said Mr. Kirby had brought up a good point, that at this time there was only one house at the highest price range, however, there may be houses in a price range just over the $105,000 that a landlord would not consider selling except that now there was an available program that could have these homes sold. He said a property owner pays a lot more in taxes in the local community than a renter. Mr. Rowe said the program for the 4% money was not for rehabing properties where someone can buy a $20,000 property, fix it up and resell it and make a profit. He said the program was to put homeowners in homes they will live in. He said he felt it would be a missed opportunity to not allow the limit to be raised.

Mrs. Mumford-Pautz thanked Mr. Rowe for what he was doing for the lender. She said she did not agree with Mr. Rowe's opinion. She said she felt the money was for the area from Kent Street to Rt. 291 and even though the boundary in the grant went to Mill Street. She said to multiply $130,000 by 6 would come to $780,000 and that would go for 6 houses and do nothing for her ward. She said she would not vote to raise that figure. She said she talked to the Governor about this money last summer and the money should go for her ward and it should stay from Kent Street out. She said there are historic homes on Kent Street, High Street and College Avenue. She said College Avenue could be a beauty and there are people who are interested in doing something with those houses.

Mayor Bailey noted the motion had failed for lack of a second. She called on the Town Manager for his report. Mr. Ingersoll said the first item was an update on the Hot Spots grant activities. He said one facet of the grant was crime prevention through environmental design. He said there was a section in the grant put in by Patsy Hornaday on behalf of the Beautification Committee. He said the Neighborhood Design Center has worked with them and done a comprehensive plan which improved the planting in the area, the sidewalks, visibility, and aesthetics. He said the plan was the work of the Committee not yet officially approved by the Town and the work has not been started. He said part of the plan was the brick monuments which indicate the beginning and end of Vickers Park at High and College and at Mill and High Street. He said the first thing discussed in the grant regarding crime prevention by environmental design are well maintained spaces that will attract legitimate law abiding users and discourage illegitimate or disruptive users of the property. He said other items are surveillance, lighting, open areas and closing alleys.

Mr. Ingersoll said that a plan and estimate for the construction of the brick pillars has been submitted at a cost of approximately $4800. He said this particular part of the grant was funded for $5,000. He asked Patsy Hornaday to speak. Mrs. Hornaday said she was asking the Mayor and Council to take a quantum leap in this matter. She said the north side of the 500 block of High Street has been landscaped and improved and they do not have the trouble that exists on the other side of the street where multiple family dwellings are prevalent. She said this area of High Street was unique in that on both sides there was a 12 to 15 foot wide lawn area which can be bleak and open to litter, or can be landscaped and turned into a park. She said the Neighborhood Design Center and the neighborhood residents said they felt the area should, in a parklike way, rival the riverfront and they designed the landscaping and pillars. She said the design for the pillars was done by Miles Barnard and he made the design match the pillars at the entrance to the Chester Cemetery. She said the bid for the work was from Paul Robertson, mason. She said she discussed the pillars with Dave Keating and Peter Covert, who own the businesses in the area and they said that the $5,000 would not pay for what needs to be done at their commercial sites. They told Mrs. Hornaday they had no problem with the money going for the pillars.

Mr. Gross said outside of identifying the area he did not see a purpose for the pillars. Mayor Bailey said that designating the area creates a pride of neighborhood and a special identity which was important for redevelopment. Mrs. Mumford-Pautz said she would not say she was not in favor of it but she would like to postpone the vote on this. She said she had gotten a lot of questions on how the money for the hot spots grant was being spent. She said Mrs. Hornaday had done a wonderful job for all of Chestertown but she would like more research and more information about location, etc. She said possibly the pillars could be extended out to include Lauretum Inn or another way found to identify the area other than spend $5000 on brick pillars. Mrs. Hornaday said this use came under the category of signage and signage was an item approved under the grant. She said the Design Center felt that extending it out to Flatland Road or beyond was taking it out into a rural area. She said the location of the pillars was decided upon because it was the boundary of the lawn area. She said she had done a lot in that neighborhood with no money for the past five years.

Mrs. Hornaday said if there were two pillars to start at Mill Street announcing the entrance from downtown it would be a start. She said there will be problems with the ones at College Avenue because of the low sidewalk on the Barker's side of the street. She said their aim was to showcase the area and have garden tours.

Mayor Bailey said they would have to be in the hot spots area. She asked the Council for their comments. Mr. Gross said he thought something else could be done with the money and asked about increased lighting. Mr. Ingersoll said lighting was an item covered by the grant as well as the other items he read from the grant. He said there was a detailed comprehensive application in the grant by the Beautification Committee for their part in the grant. He said he would give that to the Council for their review. Mr. Bristoll asked if there was information on what the $5000 could or could not be used for. Mr. Ingersoll said there was not, it was up to the Council to approve how the funds would be used. Mayor Bailey said she would postpone this matter until the next meeting. Mr. Bristoll suggested that Mrs. Mumford-Pautz suggest alternatives for the funds if she did not feel the money should be spent on the pillars.

Mr. Ingersoll reported that since the December 15 meeting the he had received four pieces of correspondence, two regarding the swearing of Elise Davis, Chairman of the Board of Supervisors of Elections. He said it appears that Ms. Davis was not sworn in as stated in the Town Charter. He said he researched the issue back to 1978 and and apparently no chairman or any member of the Board have ever been sworn in. He said that does not make it right or wrong but that is the response to the two letters. He said this was a serious matter because the Charter makes the requirement in Sec. C4-1:

Oath required. Before entering upon the duties of their offices, the Mayor,

the Council members, the Town Manager, the members of the Board of Supervisors of Elections and all other persons elected or appointed to

any office of profit or trust in the town government shall take and

subscribe the following oath or affirmation. . . .

He said this should also apply to the Board of Appeals, Planning Commission, Historic District Commission and the Ethics of Commission all of which are positions of trust. He said when we start swearing people in we need to swear in all of these people and technically they need to be sworn in each time one is reappointed.

Mr. Ingersoll said the other letters he received regarded access to the ballots of the last election. He said copies of his responses were given to the Council. He said he cannot release materials from an election as he has no authority in the election process. He said the Board of Supervisors of Elections controls the records as proscribed by the Charter. He said if and when the ballots become part of the town's public records, then it would be his job to make them public. He said the second letter was answered by Florence Sutton who discussed it with the writer of the letter. Mrs. Sutton and Ms. Davis will get an opinion from the Attorney General's office on how long ballots are to be held secret. He said he was told by Forence Sutton that under State law the ballots cannot be viewed for 22 months as they are secret ballots. He said, however, the State law does not always determine our law.

Mrs. Mumford-Pautz asked whether the request meant that someone wanted to looked at each individual ballot. Mr. Ingersoll said the individual wants to take every ballot from the last election, look at it to see how they were filled out. He said the letter states he does not want it to be a recount. Mr. Kirby said he understood that after the count in County election, they can state that different districts have certain numbers for each candidate right after the election. He said he was under the impression the request is for the count of the number of votes for each candidate for each ward. Mr. Ingersoll said he read that information into the record after the election. He said the letter asks for information more specific than that which will require looking at the ballots. He said it was a good question, can anyone look at ballots. He said we will have to wait for the opinion from the Attorney General. He said the Charter says ballots will be "preserved" for 6 months, it does not specifically say they will be sealed. He said he wanted the Council to be aware of the correspondence and the steps he has taken. He said an appeal from any decision of the Board of Supervisors of Elections goes to the Mayor and Council. Mayor Bailey said she would like to get the ruling from the Attorney General on this question about the ballots.

Mr. Ingersoll said he received a letter from Mr. Fry on Monday, January 5, 1998 asking questions about his candidacy which we will begin to answer right away.

Bob Ramsey asked when the work would be done on the parking lot in back of the Alexander Building. Mr. Ingersoll said that Bramble's plant was shut down for winter and as soon as they open, we will get together with the merchants about the scheduled work. He said the questions that arose when the stormpipe work was done indicates that the lot was really being used.

Mayor Bailey said that the date for the Utilities Commission meeting must be changed. Monday the 19th is a holiday and Tuesday the 20th would be the Eastern Shore Association legislative dinner. The Council agreed to change the meeting date to Monday, January 26, 1998 on a motion by Mr. Kirby, seconded by Mr. Bristoll and carried by unanimous vote.

Mayor Bailey announced that the annual Chamber of Commerce banquet will be held on Saturday, January 10, 1998 at Washington College. Anyone wishing to attend should notify Joan so that we may get the tickets.

Mayor Bailey read a letter from Douglas Duncan, County Executive in Montgomery County who asked whether Chestertown would like to participate in the Maryland Commission for Celebration 2000. She said anyone who would like to volunteer to serve on this committee and would be available to go to Baltimore for meetings, should let her know.

Mayor Bailey said that last year Delegate Walkup and Senator Baker sponsored a bond bill for Chestertown for the Visitor's Center which was not funded. The State felt there might be transportation or tourism money for such a center, however, there were no such funds. She said if we are going to request a bond bill for the Visitor's Center, we need to write a letter of request. Mrs. Mumford-Pautz moved that the Town submit the letter of request for the bond bill and was seconded by Mr. Bristoll. Mr. Kirby asked for a copy of the previous request that was submitted. Mayor Bailey asked for the vote on the motion which was 3 in favor, Mr. Kirby abstained, Mr. Gross voted no.

Mayor Bailey announced the winners of the Christmas Decoration Contest as follows: Residential: 1st place - Mr. and Mrs. Steve Hayman, 414 High Street; 2nd place - Mr. and Mrs. Dale ford, 122 Pine Street; residential apartments: 1st place - Ms. Catherine Waterfield, #10 Ridgeview Court, 2nd place - Mr. and Mrs. Charles Messer, 109 Edge of Town Drive; commercial, 1st place - Pride and Joy, 321 High Street, 2nd place, Finishing Touch, 311 High Street. Mayor Bailey thanked everyone for their interest and community spirit in displaying decorations for the holidays.

Mayor Bailey announced that a preview of legislation will be presented by the delegates from the 36th and 37th districts on Sunday, January 11, 1998 at 2 p.m. at Chesapeake College.

Mayor Bailey asked if there were any questions or comments. Mr. Kirby asked about a tree at the corner of Greenwood and Cedar Street which has grown out into the tree and affecting visibility. Mr. Ingersoll said our street crew can trim that tree as we have a licensed tree expert. Mr. Kirby said he was asked if some kind of reflectors would be put on one side of the street on Hadaway Drive at Rt. 291 as the lighting was not good. He said he would discuss the utility easement with Mr. Ingersoll and possibly the residents to solve their difficulties.

Mayor Bailey said she was going to meet with the State Highway Administration and asked that any councilmember who had problems or requests should get them to her to be included in the letter and her list.

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

The meeting was adjourned at 9:30 p.m. on a motion by Mr. Kirby, seconded by Mr. Gross and carried by unanimous vote.

Submitted by:

Joan Merryman

Stenographer

Approved by:

Margo G. Bailey

Mayor

RETURN to 1998 Minutes