MAYOR AND COUNCIL MEETING

MINUTES

MAYOR AND COUNCIL MEETING

MARCH 16, 1998

Mayor Margo G. Bailey called the meeting to order at 8:12 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., Thomas A. Gross, Sr., Mabel Mumford-Pautz and J. Brian Kirby, 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 previous meeting. Mr. Bristoll moved that the minutes be accepted as presented, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey announced that the Mayor and Council has cash on hand and in banks on March 16, 1998 of $115,761.24.

Mayor Bailey said she wanted to make a special presentation to a person who was the epitome of all of the best things in all of us, has given her time, energy, and her all to the community. She said we are past due giving honor and thanks to Betty Anne Connolley who has selflessly given to the Town of Chestertown, worked behind the scenes with no recognition or reward. Mayor Bailey read a Proclamation declaring March 16, 1998 "Betty Anne Connolley Day in Chestertown" and giving her the key to the city. Mayor Bailey also stated that the Town intended to dedicate a small park at the corner of Mill and Cannon, where the Sultana would be built to Betty Anne Connolley.

Mayor Bailey read the "1998 Report of Municipal Affairs", a copy of which is attached to this record.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll requested an executive session following the meeting to discuss property acquisition. Mr. Bristoll moved that an executive session be held pursuant to Sec. 10-508 of the Annotated Code of Maryland, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mr. Ingersoll reported that he had talked to each commercial property owner in the hot spots area and has had a lighting company analyze the area. The lighting company sent a proposal for five lights and he was working with Delmarva Power to have them electrify the lights for us. He said we do not want to have a meter for every light. Mr. Keating at K & L has offered to let us start the wiring from the corner of his property. He said the style of the lights were similar to those at the Barrett Building by Lundy's with a simpler pole. The light will be about 12' off the ground and will cost about $800 each. He said if this works he would like to utilize them up and down the blocks in that area to provide more pedestrian lighting in the neighborhood. He asked whether the Council agreed with the plan before he proceeded. Mrs. Mumford-Pautz asked whether this style light was appropriate as they seemed to be different from other lights around Town. Mr. Ingersoll said they were not of any particular period, they were not ornate and though similar to those at the Court House they were less expensive.

Mr. Ingersoll reported that we will advertise tree maintenance bids which will be opened next month.

Mr. Ingersoll reported that the bids for the engineer's qualifications for a facilities study will be opened on Thursday, April 9, 1998. The funds for this are in this year's budget.

Mr. Ingersoll reported that much progress was being made on the Cannon Street project. He apologized to everyone on the block for the inconvenience and to the businesses that have been affected by the work. He said the curb, gutter and sidewalks are done on the south side of the street and they are getting ready to work on the area behind Bramble's. He said we have added one of the properties we bought on the north side of the Cannon Street to the parking.

Mr. Ingersoll said the Sultana group brought back a lease which included most of the things that the Town asked for. He will have the Town Attorney review the lease and will give it to the Councilmembers for their review. He discussed the items he was clarifying in the lease. He said he wanted it clear to the public that only the portion of the yard property (that the Town will not use) will be used by the Sultana group for a temporary period. He said he had a question from a citizen about the zoning of the property. He said the prior use of the property would be characterized as light industrial as evidenced by the outside storage of materials, fabrication work, and working on equipment. He said the underlying zoning was commercial but that was a grandfathered type of zoning which was in continuous use.

Mr. Ingersoll said on April 25 anyone can take up to ten tires to the Nicholson landfill and there will be no charge.

Mr. Ingersoll said the MVA mobile unit downtown has been very successful and he read the schedule for the coming months: April 6, May 11, June 8, July 13 and August 10.

Mr. Ingersoll said he sent a response on a question we had from a citizen about the Hospital Auxiliary film. He said we had a presentation a couple of months ago asking if the Town wanted the proceeds from the funds. Since then, they have found that the original film belonged to the Kent and Queen Anne's Auxiliary and he felt the Council would feel the Auxiliary was welcome to any revenues raised. The Mayor and Council agreed that the revenues should go to the Hospital Auxiliary.

Mr. Ingersoll said a permit request was received from the Classic Club to have a parade on August 22, 1998 with youth activities in Wilmer Park following the parade. He said this was an annual event and has been trouble free. Mrs. Mumford-Pautz moved that the permit be granted, was seconded by Mr. Bristoll and carried unanimously.

Mr. Ingersoll stated that the COG meeting will be on March 18, 1998 at 12 noon at the Black Eyed Susan. Chestertown will be the host.

Mr. Ingersoll said that Friendly network has given internet service to the Town for almost two years. They have been telling us that they might start billing the Town and we have now been billed for $50 a month beginning January 1, 1998. He suggested the bill be paid with a thank you note for the months of free service. Mrs. Mumford-Pautz moved that the Town pay the $50 a month charge for the internet, was seconded by Mr. Kirby and carried unanimously.

Mr. Ingersoll distributed the budget schedule for the coming year to the Council. The workshop meeting will need to be scheduled in May at the convenience of the council members. Mayor Bailey asked if there were any questions for Mr. Ingersoll.

Mr. Gross said he had a question about two cars that are parked on the 200 block of Calvert Street all the time. Mr. Ingersoll said that has happened before and he will follow up on that.

Mayor Bailey introduced Reade Corr, Barbara Myrick and Anne Briggs from the Kent County Library. Ms. Myrick stated that she was President of the Board of Trustees of the Kent County Public Library. She said the Library would like to make a request of the Town for an appropriation in the 1999 budget to help these two library needs. The first was the after school program and the second was for a new book return. She explained their funding sources and the importance of the library to the residents of Chestertown. She said that in order to provide the after school program they have a children's library assistant and a student aide at a cost of about $7,000. She said the other immediate funding need was for a new book return and they have received a sizable donation towards this. They are about $800 to $1000 short on the cost. She said the Town of Galena made a considerable donation for a new book return for their library. She read a list of other municipalities who contribute to their libraries. Mr. Corr stated that the Library gets help from other towns in Kent County but to date gets no assistance from Chestertown and asked that we consider some funding for the library in the 1999 budget.

Mayor Bailey said she would encourage the Council to do what we can to help the library as it was a well used facility and was vital in the community. Mr. Gross asked about the time frame for the after school program. Mrs. Briggs said from 3:30 to 5:30 p.m. Mrs. Mumford-Pautz said the library serves a lot of children in third ward who have no place to go or no parents at home after school and felt it would fall under the recreation program. Mrs. Briggs said they have submitted a request through the Recreation Commission for funding for the summer time program and she realized they were asking for two separate fundings.

Mayor Bailey read a notice of a hearing on a liquor license request for the Stargate Diner for a Class B on sale license. The hearing will be held at 10 a.m. on April 7, 1998 at the Commissioners' hearing room. Any comments that the Council would like to make should be submitted to the Town Office for transmittal to the County Commissioners.

Mayor Bailey read the list of names that had been submitted to the Council for the members of the official Waterfront Committee as a subcommittee of the Recreation Committee. The members will be as follows: Richard Vinet, Richard Norton, Fred Rhinelander, Jane Scott, Marge Fallow, Hilda Hopkins, Kim White, Thomas Noble, Mark Mumford, Carrie Schreiber and Michael Dickinsen. She asked for a motion to confirm all members. Mr. Bristoll moved that all members be confirmed and was seconded by Mr. Gross. Mrs. Mumford-Pautz asked if someone else could be added whose name had been submitted to her but she had not been able to contact. Mayor Bailey said we could add someone willing to serve. The motion carried by unanimous vote.

Mayor Bailey said Falcon Cable will be having the history channel on the basic package, new channel 53. Mr. Gross asked the status of the upgrade on the cable system. Mr. Ingersoll said Falcon has not done the improvements and at the end of the original franchise period, the Town will be able to advertise for another franchise and extend them on a yearly basis.

Mayor Bailey said the OCNA will do the cleanup march around town on Saturday, March 28, 1998 at 10 a.m. She said people will meet at the public library, trash bags will be provided and a truck will take the trash away. Beverages will be provided for those participating.

Mayor Bailey said we asked for a final report from our attorney in some of the Wal-Mart hearings and we have that report. She read as follows: "Ordered by the Circuit Court of Kent County. The Chestertown Wal-Mart site plan approval process is hereby remanded to the Kent County Planning Commission for further proceedings to consider and make findings of fact and conclusions of law on the impact of traffic which will result from the construction of the proposed Wal-Mart. The parties may provide additional testimony and evidence and the effect of the proposed Wal-Mart on existing commercial centers and businesses as directed in the Kent County Comprehensive Plan. After the foregoing findings and conclusions are made the Planning Commission shall consider what impact if any those findings have on the site plan approval of the Wal-Mart and shall issue a final approval or deny the site plan." Mayor Bailey said the County Planning Commission confirmed that they will give an extension to the site plan.

Mayor Bailey reported that a bill has been introduced in the State legislature titled "Religious Freedom". She said the MML attorney looked at the bill which limits the powers of the local government bodies with regard to religious organizations. She said this could mean it would be easy for someone to create a religion and become exempt from zoning, taxing, etc. and it allows the aggrieved person to sue the government for a variety of things. The Council asked that the status of the bills be obtained before we write to the senators and delegates regarding the bills.

Mayor Bailey announced that Chestertown has been awarded Tree City USA status for the 17th consecutive year.

Mayor Bailey asked Ernie Robinson and Doug Jones to discuss their request. Ernie Robinson said the Community Action Team would like to have a parade on Saturday, August 8, 1998 and activities at Wilmer Park and the Armory following the parade. He discussed the activities planned for the event and invited everyone to their next meeting on April 2 at 7 p.m. at the Kent County Library. Ms. Merryman checked the pavilion schedule and August 8th has been booked and most Saturdays were booked. Mr. Robinson said he would have to work on another date and return to the Council.

Mayor Bailey asked Pat Biddle if there was something he wanted to present to the Council. Mr. Biddle stated the mission of the CCIA and stated they have published two papers to date and discussed the information the printed. He said the CCIA was a citizen group who wanted to inform people about things they need to know and need to ask about in the Town and to get people involved. Mr. Bristoll said at the last meeting the Council was told there were 18 to 20 members. Mr. Biddle said the membership varies depending on the issue. He said different groups are interested in different projects.

Mr. Biddle said there were questions he wanted to ask: (1) does Chestertown at this time have any active legal action aimed at preventing the building of a Wal-Mart in Kent County. Mayor Bailey said no; (2) does Chestertown still retain and pay Mr. Mahoney as counsel for the Wal-Mart case; and (3) if so, why. Mayor Bailey said at present no, no, no. She said the Town of Chestertown had zoning and other issues affecting the well-being of the Town which were not issues directed specifically at Wal-Mart but at any large retail establishment. Mr. Biddle asked if the letter about that had been answered. Mr. Bristoll said it had just been answered.

Mr. Biddle said he wanted to go on record to commend Betty Anne Connolley who was a great person and what was done for her was well deserved. Mrs. Mumford-Pautz said members of Mr. Biddle's group could join the Old Chestertown Neighborhood Association. He said some were members. Mrs. Dorothy Plummer said the CCIA had been asked to speak at the OCNA meeting and they replied that the CCIA was not organized enough to do that. Mayor Bailey said she thought that group needed to thank Mr. Ingersoll and Mrs. Merryman for the hours they have put in researching and gathering all the information requested by the CCIA. Mr. Biddle said if anyone would like to contribute to the group, donations were welcome as it had been expensive to get the information and do the printing. Mr. Bristoll asked Mr. Biddle if they had a financial statement they make public. Mr. Biddle said that was not in his domain but he imagined they do.

Mayor Bailey asked if there were any questions or comments from the Council. Mrs. Mumford-Pautz said that the elections for the MML Chapters would be held at the Spring meeting. She said there should be a dinner meeting in April and she urged the Council to attend. She asked the Council to submit her name to the MML as a district representative again this year. Mayor Bailey said the nomination forms had not been received. Mrs. Mumford-Pautz said she was also chairman of the Eastern Shore Association Scholarship and she will take applications at P. O. Box 632, or at the Town Office. She said the student should be a political science prospect or public service. She said all high schools have been notified but students currently enrolled may apply. She said they would like to make the award at the April dinner meeting.

Mrs. Mumford-Pautz said she has also been asked to serve on the Communication Committee of the MML. She said they have been working on a project to get municipal government into the public schools and she felt this would be accepted as a pilot program by the Board of Education of Kent County. It will probably start in the Fall.

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

Mrs. Mumford-Pautz moved that the meeting be adjourned at 9:28 p.m., was seconded by Mr. Kirby and carried unanimously.

Submitted by:

Joan Merryman

Stenographer

Approved by:

Margo G. Bailey

Mayor

RETURN to 1998 Minutes