MINUTES

MAYOR AND COUNCIL MEETING

OCTOBER 5, 1998

Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., Thomas A. Gross, Sr., Mabel Mumford-Pautz and J. Brian Kirby, Police Chief Wayne 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 meeting of September 21 and Executive Session of September 21, 1998. Mr. Bristoll moved that the minutes be accepted as presented, was seconded by Mr. Gross and carried unanimously.

Mayor Bailey reported that an executive session was held on September 21, 1998 at 8:05 p.m. pursuant to Sec. 10-508 of the Annotated Code of Maryland to discuss disposal of property and a contractual matter. The entire Mayor and Council was present and voted to go into executive session. The action of the Mayor and Council on the property matter was approved by a vote of 4 in favor, one abstention and there was no action taken on the contractual matter. Minutes were taken and are part of the record.

Mayor Bailey called on Chief Bradley for the Police Report which included the Hot Spots report, a copy of which was attached to the minutes. Bob Perrot gave a report from the Drug Task Force covering the arrests, investigations and indictments over the past two months in the Hot Spots area of Town. He said some of the distribution of drugs were in the school zones which carries additional penalties. He said as a result of a drug arrest on the Sports Cafe parking lot, a vehicle was seized. He discussed the other arrests and items that seized throughout the County by the Drug Task Force. Mr. Perrot said a vehicle can be seized when it was involved in transportation of the drugs or a sale or purchase was made out of a vehicle.

Mayor Bailey asked if there were any questions. There being none, Mayor Bailey called on Eric Johnson from the Home Coming Committee of Washington College. Mr. Johnson said the Home Coming Committee this year would like to have a parade on Friday, October 23, 1998 at 6 p.m. He said they would form the parade at Wilmer Park and go over to High Street, then up to College Avenue and back to the Washington College Campus. He asked for assistance from the Chestertown Police Department with traffic control on Rt. 289 at the entrance to the park. Mayor Bailey said that the Wildlife Exhibition and Sale would have their patrons night in the downtown that same evening from 5 to 7 p.m. Mr. Ingersoll said when the Town issues a permit for an event, such as the Wildlife Festival, then we do not issue any other permits without the group permitting it. He said we need to find out of that committee has any objections to the parade being held on Friday. He said Quaker Neck traffic would have to be detoured at John Hanson Road for the period when the parade was leaving the park. He said he will call the chairman of the Wildlife Committee to see if they feel there will be a conflict. Mr. Johnson said their committee would be agreeable to having the parade on Thursday, October 22, 1998.

Mr. Gross asked who would pay for the time worked by police officers for traffic control. Mr. Johnson said that the Home Coming Committee would pay the costs. Mrs. Mumford-Pautz moved that the Town grant the permit for the Home Coming Parade on Thursday, October 23, 1998 as requested. The motion was seconded by Mr. Bristoll. Mr. Gross asked that the motion include the condition that Mr. Johnson work out the details for traffic control by the Chestertown Police Department and that the overtime pay for the police officers be paid by the Home Coming Committee. Mrs. Mumford-Pautz amended the motion to include the condition stated, was seconded by Mr. Bristoll and carried unanimously.

Mayor Bailey called on Lex Fry, Director of Shared Opportunity Services, Inc. Mayor Bailey said a copy of the letter from SOS had been distributed to the Council. Mrs. Fry said that SOS was now in a position to negotiate the purchase of property in the Hot Spots area of Town for a 12,000 square foot facility from which they would provide their services to the community. She said their request of the Mayor and Council was for a Resolution of Support of their CDBG Block Grant application for $500,000, due November 13, 1998. She said the Town previously gave them a Resolution of Support.

Mr. Gross stated that he would refrain from discussing or voting on this matter since his wife was a member of the SOS board. Mrs. Fry detailed the services they currently provide from their temporary location, and the services they will provide in the future. Mayor Bailey asked the Mayor and Council if they would give a resolution of support. Mrs. Mumford-Pautz moved that the Mayor and Council do a Resolution of Support for Shared Opportunity Services CDBG application, was seconded by Mr. Bristoll and the vote was 4 in favor, Mr. Gross abstained. Mr. Ingersoll said the Mayor and the Council must also hold the public hearing on the block grant application. Mayor Bailey asked for a motion to hold a public hearing. Mrs. Mumford-Pautz moved that the public hearing be held, was seconded by Mr. Kirby and carried by a vote of 4 in favor, one abstention. Mr. Ingersoll said the hearing will be held at 7:15 p.m., just prior to the November 2, 1998 meeting.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll said we have a notice of census jobs available and anyone interested may call 1-888-325-7733. Mrs. Mumford-Pautz said she understood that the salary range for Kent County was different from Delaware for this work. Mr. Ingersoll said it may be that the Department of State Planning in each State gets involved in the census work being done and the salaries paid.

Mr. Ingersoll read the minutes from the bid opening on September 28, 1998 for the waterfront project. The one bid received was from Meercon Inc. of Laurel, Maryland with a total bid of $173,002.70. Mr. Ingersoll asked that the Council authorize him to check the references of the company and the prices stated and negotiate with the bidder to bring the project into fruition. He said the contractor has used several local subcontractors for the work, including L. R. Coleman and Speakman Nurseries. He said we have the $100,000 bond issue. He said he has already started to check on the individual items included in the bid and found that it was not a high bid. He said he would find out from the State whether the Town would be allowed to do the concrete and sidewalk work ourselves and we will be able to work with this bid. Mayor Bailey asked the Council for a motion to authorize Mr. Ingersoll to negotiate with the bidder.

Mrs. Mumford-Pautz moved that bid from Meercon, Inc. be accepted based on Mr. Ingersoll checking the references of the bidder; determining from the State whether the Town can do the concrete and curb work; and working with them on the pricing; the total cost of the contract not to exceed $173,000.00. The motion was seconded by Mr. Gross and carried unanimously.

Mr. Ingersoll said he had received a new franchise agreement from Falcon Cable TV. He said Falcon now has a homepage and those who want to get complaints through but cannot get through on the telephone, E-mail was available. He said the franchise agreement was sketchy and written from Falcon's point of view. He asked that the Cable TV committee be activated to review the document. He said he would distribute copies to the Mayor and Council and the Town Attorney along with the items the Town wants in the agreement. Examples of those items are specific bonding for the rebuilding of the system, the engineering and fiberoptics that we will require, timetable for rebuilding the system, costs of the work and figures for bonding, etc. He said the franchise ended in July so they are now operating without a franchise. Mr. Bristoll moved that the Cable TV committee be activated to review the franchise agreement under the Town Manager's guidance, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mr. Ingersoll said there are some old bills for things like sidewalks, trash pickups, etc. that have not been paid by property owners. He asked that the Mayor and Council authorize imposing interest on those bills at the same rate as the water bills, which was 1% a month. He said the Charter authorizes the Town to charge the interest. He said if people are notified that bills that are several years old will now accrue interest, we may be able to get them paid. He said we do collect old bills when properties are transferred or when the amounts are added to the tax sale amounts at the end of the year. Mr. Bristoll moved that a policy be established to charge interest on old bills for miscellaneous items at the same rate as interest on the water bills, was seconded by Mr. Kirby and carried unanimously.

Mr. Ingersoll said he had a note from Mrs. Fallaw about notices placed on utility poles around Town. He said the Town does not mind that notices of events are placed on poles, but they must take down the notices after the event. He said they should be treated like littering under that ordinance unless they get a temporary sign permit. He said some organizations get a permit which states the locations and time the signs be up and then they taken them down. Mrs. Mumford-Pautz said she felt the worst was the yard sales signs and she would also like to see fewer yard sales and them cleaned up by noon on Saturday. Mr. Ingersoll said if there was no permit, and the signs are not taken down after the event, this will be treated like a trash violation and subject to a fine. The Council agreed.

Mr. Ingersoll said the Mayor and Council have received letters from the CCIA with answers pending. These letters were written specifically to the Council and cannot be answered by the Town Manager. He said the question about the ethics records included whether the Town Manager was actually custodian of the records and whether the Mayor and Council would allow access to the records of the Ethics Commission when the Ethics Commission finds no merit to the complaint. The other question was whether the Mayor and Council will have an special election study committee and do ward reapportionment. He said the Council needs to make a decision on these questions and he will bring them up at the next meeting. He will supply the Council with another copy of the letters. Mayor Bailey said that the Town Attorney will be consulted and if indicated he can be present at the next meeting.

Mayor Bailey asked if there were any questions of Mr. Ingersoll. Mr. Kirby said that the people on Brown Street asked for a speed limit sign on that street as speeding was a problem when people turn off on Washington Avenue. Mr. Ingersoll said he will check on the sign and put up a sign. Mrs. Mumford-Pautz said the speed should be 20 mph. The Council agreed that 20 mph. was advisable for that street.

Mayor Bailey said that the Lions Club has announced that they will not have the Halloween parade this year. She said this was regretful, but she could understand since last year the parade was short with few participants. She said hopefully next year they will take this up again. She said the parade was a big organizational undertaking and there was no way the Town could step in and do the parade on such short notice. She said if anyone has suggestions for an activity that evening, otherwise, she recommended that parents take their children trick or treating or have a party for their kids. Mr. Ingersoll said the Kent News article pointed out there were other events in other towns in Kent County, and asked the Kent News to publish them.

Mayor Bailey said at the MML Convention there was a seminar on Roberts Rules which was excellent. She said that Dick Hillman of DEBD will do the seminar in Chestertown sponsored by COG. The seminar will be held at the Board of Education building and all town and county government commissions will be invited. She said the date chosen was Monday, January 11, 1999 at 7 p.m. since that seemed to be the best date for most mayors in the county.

Mayor Bailey said an acknowledgement of sympathy will be sent to the Ralph Deaton family on the death of Mr. Deaton's son Ralph in New York. The funeral will be on Tuesday at Janes Church at 1 p.m.

Mrs. Mumford-Pautz reminded everyone of the MML Fall Legislative Conference which will be in Cumberland on October 15-17. She said that Eastern Shores counties and towns should be represented to learn about legislation affecting these towns and counties. She also said the Eastern Shore Association fall dinner will be October 27 in Easton and asked that the office find out the details about the dinner. She said some of the candidates will speak at that meeting.

Mayor Bailey asked the Council to review the bills. Mr. Gross asked about the bill for Chesapeake Bay Internet and why it was $450. Mr. Ingersoll said that was for maintaining and updating the home page each month. He said the service was free to a long time but we have expanded the Town's homepage and are putting the minutes of the meetings on it. He said it was budgeted for this year. Mr. Bristoll said he thought we should review that and see what we are getting for that amount of money. He said he can have Mr. Williams and Mr. Wootton at the next meeting to go over what they do.

Mr. Kirby asked about payments to individuals. Mr. Ingersoll said that those people had done work on the Hot Spots surveys and analysis and that will be reimbursed by the grant.

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

Mr. Gross moved that the meeting be adjourned at 8:40 p.m., was seconded by Mr. Bristoll and carried unanimously.

Submitted by:

Joan Merryman
Stenographer

Approved by:

Margo G. Bailey
Mayor