MINUTES
MAYOR AND COUNCIL MEETING
OCTOBER 4, 1999

Mayor Margo G. Bailey called the meeting to order at 7:30 p.m. In attendance were Councilmembers 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 previous meeting. Mr. Kirby moved that the minutes from the meeting of September 20, 1999 be accepted as presented, was seconded by Mrs. Mumford-Pautz and carried unanimously.

Mayor Bailey stated that an executive session had been held on Monday, September 27, 199 at 6:00 p.m. pursuant to Sec. 10-508 of the Annotated Code of Maryland. The entire Mayor and Council was present and voted unanimously to go into executive session. In attendance was Stewart Barroll, Town Attorney, and Bill Chen, LGIT attorney. The meeting was called to discuss a litigation matter. The meeting was adjourned at 7:25 p.m. Minutes were taken and are part of the record.

Mayor Bailey called on the Police Chief for his report. Chief Bradley gave the report for the month of September, 1999. He discussed the results of the survey which has been completed in the Hot Spot Area. He said the four main problems mentioned by citizens were: (1) noise; (2) loitering; (3) drugs; and (4) trash and litter. He compared the complaints with the surveys from 1997 and 1998 and noise still remains the main problem. However, the numbers of people who state they have problems has decreased which shows that the work in the Hot Spot area has been effective.

Mayor Bailey asked if there were any questions. There being no questions, Mayor Bailey said she would like to discuss the agenda item dealing with the expansion of the Hot Spot area. She said a letter from Arlene Lee of the Local Management Board had been distributed. The letter asked the Town to consider applying for funding for an additional police officer as part of the expansion of the Hot Spot program. The expansion would include High Street extended and Brookmeadow I and II. She asked Arlene Lee, the co-coordinator for the Hot Spot, to discuss this request.

Ms. Lee said she was preparing the Hot Spot expansion grant application which must be filed by October 8, 1999. She said as a result of community meetings held to discuss the need for an expansion of the Hot Spot area, the community felt that the area should be expanded to include Brookmeadow. The main concern regarding the services required involved adequate law enforcement coverage for the existing area and the expanded area, and funding for law enforcement for the entire area. She said additional funding for law enforcement would be accomplished by requesting the cost of an additional police officer, funded the first year by 100% grant funds; the second year by 90% of grant funds; and the third and fourth years 75% grant funds. She said they were seeking approval from the Town for that personnel cost that would need to be matched by the Town.

Mayor Bailey asked if there were any questions. Mrs. Mumford-Pautz asked how long Mr. Bristoll would be away. She said she would like this discussed with the full Council present. Mayor Bailey said Mr. Bristoll was out of the country for another week. She said the Council could wait to take a vote on this until later in the meeting when Mr. Gross would probably be present. She said Mr. Bristoll left a written note stating that he supports the request for a police officer, but since the matter had not been discussed by the Council, he could not cast a valid vote on this. Mrs. Mumford-Pautz said she did not want to make a decision without the other members.

Ms. Lee said the grant must be in Baltimore on Friday, October 9, 1999. She said the final preparation of the grant would be done on Wednesday. Mayor Bailey asked for questions or comments from the Councilmembers present. Mr. Kirby discussed the funding in the current Hot Spot grant and how it was being used. He asked what the funding request would be for police protection in the new grant. Ms. Lee went over the various activities in the grant and the funds allotted for law enforcement. She said the funding for an officer would be $30,000 to $40,000, depending on whether the new person was trained or untrained. She said that the overtime allotted to other agencies would still be in place until July 31, 2001. She said the expansion grant would run from January 2000 to 2004 and the focus would be shifted so that the funding can go beyond 2001.

Mr. Kirby said he had concerns about an officer being hired under the grant. He said one officer cannot work 24 hours a day; would that officer's duty be limited only to the Hot Spot area or would he hold regular duty; would that officer be effective after he was known in the area. Ms. Lee said that officer's primary duty would be Hot Spot work and the overtime patrols by other agencies would continue. Mr. Kirby asked what consideration was given to including the shopping centers in the Hot Spot area. Ms. Lee said only so much can be done and it was felt if a new area were created for the shopping centers, rather than an expansion as was proposed, that the services could not be effectively provided to two areas of Town. She said the community input was in favor of increasing the services in the current Hot Spot as they have been effective and expanding the area. Mr. Kirby asked how the alternative grant proposal would use the $30,000 or $40,000 requested for a police officer if the Town does not agree to hire an officer. Ms. Lee said if there was no officer in the plan, that amount would not be requested. She said the backup plan was to provide for randomized police protection throughout the Hot Spot area.

Mr. Kirby said he did not have problem with expanding the Hot Spot area but he did have a problem with hiring a police officer. He said that was fine while you have grant funds but when the grant ends, then the Town has a budget issue for the cost of the officer. Mr. Ingersoll asked whether there could be new grant funds for expanded patrols and overtime for the various agencies. Mr. Kirby said the police agencies sometimes have a problem getting officers to work the overtime hours. Chief Bradley agreed that you need people who are willing to work the extra hours.

Mayor Bailey said there appeared to be three choices: 1) fund a police officer; 2) not fund an additional officer; or 3) request additional funding for increased overtime patrols for all agencies for the expanded Hot Spot area. Chief Bradley said the original proposal for the grant extension was for additional overtime. Mrs. Mumford-Pautz and Mr. Kirby agreed that they would favor expanding the Hot Spot area and requesting additional funding for more police overtime in the expansion. Mayor Bailey said a motion on this issue will be taken when Mr. Gross arrives at the meeting.

Mayor Bailey introduced Richard Lindsay, the District Engineer for the State Highway Administration. She said the issues that the Council would like him to address were the Chester River Bridge and the intersection of Rt. 20 and 291. She said the Town was well aware of the large employers who depend on trucks in their business and the Town would never do anything to jeopardize their business. She said the Town's concern was the future of the bridge since the by-pass has been taken off of the State Highwayconstruction plans.

Mr. Lindsay said that the Federal law requires that the bridge be inspected every two years. He said the State inspects the bridge every year and it was inspected in August 26, 1999. He said the overall condition of the deck, superstructure and substructure was satisfactory. He said some structural elements showed minor deterioration and that means some rust or scale as part of the aging process. He said the bridge was safe for cars and trucks and it was in good shape. He said the rumor that the Highway Administration will limit the weight restrictions on the bridge was not true. The bridge was rehabilitated, the work beginning in 1988 and completed in 1990. He said the original bridge was built in 1930.

Mayor Bailey said without a by-pass this bridge was the main connection from Chestertown to the rest of the world. She asked if there was a projected life span of the bridge after the recent rebuilding. Mr. Lindsay said there was no projected lifespan figure. Mayor Bailey asked if there was a better rating than satisfactory. Mr. Lindsay said that was the top rating, except for a brand new bridge which would have a higher rating. He said age causes deterioration in everything and that deterioration brings about maintenance projects. He said a settling bridge approaches would bring about excessive pounding on the decking, but these things are repaired right away to eliminate those problems. He said the undulating effect you get when crossing the bridge was caused by the way the bridge was constructed with precast concrete sections. Mayor Bailey asked if repairs are budgeted and done in a timely fashion each year. Mr. Lindsay said they were factored in every year and any problems are flagged immediately after the inspection and repairs are made.

Mr. Kirby asked if there was any weight limit on the bridge currently. Mr. Lindsay said the limit would be whatever the maximum weight allowed was for tractor trailer trucks.

Mayor Bailey asked if there was increased truck traffic on this bridge. Mr. Lindsay said their numbers do not show an increased number of trucks moving through Chestertown. Mr. Ingersoll said we were informed the by-pass was dead; was that for the next ten years or forever. Mr. Lindsay said when the State goes to the annual tour when they visit each county to report on the transportation program in Maryland and gather the needs of the community. He said for the past four years when the by-pass was discussed, there was never any agreement between Kent County and Queen Anne's County and there was no indication that would change. He said Mr. Williams, State Highway Administrator, recommended that since the Smart Growth initiative, that the energy and dollars be put on another major project. He said the by-pass project was then dropped but no one could say that it would never come up again. He said with population growth and increase in vehicular traffic, there will be a need. He said the way to start the process again would be for local officials to get together and talk to the Secretary of Transportation.

Mr. Ingersoll asked the if the lands that the State bought for the by-pass were in Kent or Queen Anne's County, would they be sold and was that imminent. Mr. Lindsay said they would be sold. Mr. Ingersoll asked if it was wise to sell those properties if the plan was ever to start up again. Mr. Lindsay said that was difficult and with the project not there now, it did not make sense for the State to tie up dollars in those properties. He said if there was a move on the part of the community to bring the project back, then the State may feel the properties should be held. Mr. Ingersoll said philosophically the Town does not feel the bypass was antithetical with Smart Growth. Mayor Bailey said if the properties are sold by the State and the area becomes even more developed, it would be even more difficult to do the project. She said she could understood since Chester Harbor has become more developed that the residents do not want the by-pass.

Mayor Bailey asked if there were questions from the audience. Joanne Tobriner of N. Water Street asked why there was no weight limit on the bridge. She said in her neighborhood they can feel the trembling from trucks going over the bridge in their houses. She said they were concerned that the bridge would be damaged prematurely and will not have the life span intended and that a replacement bridge would not be as attractive. She also asked if the State checks the noise level on the bridge. Mr. Lindsay said there was no need for a weight limit at this time and in the event that deterioration becomes a problem, a weight limit would be instituted. He said every bridge moves and flexes and there was no more movement than when the rehabilitation project was done. He said when the State was required to design and build new bridges, such as the Severn River Bridge in Annapolis, the State meets with the community to get their input on design. He said the State does not check on the noise level from vehicular traffic. He said they would check on noise from the opening and closing of the draw section.

Mr. Anthony Scott, N. Water Street, asked if there was a correlation between the posted speed limits and the loads that are carried. Mr. Lindsay said if there was an excessive amount of flexing from high speed then there would be a recommendation to lower the speed limit. Jo Doherty said the speed of trucks was related to the amount of noise. Mr. Lindsay said he had requests to erect signs that motorists not use jake brakes. Mr. Gillespie said a truck would not get up a high enough speed to have to use those brakes on the Chestertown bridge.

Ed Gillespie, Chestertown, stated he operated a concrete business and had done so for years. He said 213 had been the major road through Kent County forever and when 301 came through, it took the trucks except for local traffic. He said a business will never allow trucks to go through Chestertown rather than use 301. He said the weight limits on trucks was reduced from 40,000 tons on a tandem to 34,000 by the State at about the time the bridge was rebuilt. He said he did not believe that anyone who now lives near the bridge bought their homes before 1930 when the original bridge was built. He said everything that comes into Chestertown does so by truck as there were no railroad or shipping. He said he would be opposed to weight limits being placed on the bridge and he would push for the by-pass.

Mayor Bailey said the Town has gotten information from the State that there was not enough traffic to warrant a traffic signal at Rt. 20 and 291. She said a round-about was discussed later but that has since been removed as there were not enough traffic or problems to warrant that. Mrs. Mumford-Pautz said she was concerned about the traffic at the intersection and the Rescue Squad had made a request for a traffic control device where they enter Rt. 291 or at Rt. 20 and 291. She discussed the increase in traffic on Rt. 291 with the office buildings and 144 apartment units. She said there was a need for some traffic control. Mr. Lindsay said a stop sign was a traffic control device and the State deals in statistics and on site observation and there were still not significant delays at that intersection. The accident history was good and the numbers do not warrant more control. He said every motorist has to make a judgment and drivers have responsibilities. He said they will check on the intersection and if there was a need for full width paving or bypass lanes or left turn slots, they will provide them. Mr. Lindsay said they have a plan for redoing the islands at the Rt. 213/291 intersection and this should be accomplished soon. Mayor Bailey thanked Mr. Lindsay.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll distributed the election schedule for the December 13, 1999 Town election to the Council. He said that the instructions regarding absentee ballots and emergency absentee ballots was attached to the schedule. He said a councilmembers for the 2nd and 4th wards will be elected. He said this information sheet has been revised and reviewed by the Chairman of the Board of Supervisors of Elections. He said they will meet on November 1, 1999 and will approve the form and review any petitions for candidacy submitted by that date. He said if candidates wish to have their petitions reviewed early to be sure they are correct, they should be submitted before that date. The next Board meeting will be on November 15, which was the final date for filing. The absentee information sheet will be advertised for the public knowledge.

Mr. Ingersoll said that the Lions Club and Washington College have made changes to the schedule for the parade. The parade will begin at 3:00 p.m. on Saturday, October 30, 1999 at the Sacred Heart Church parking lot at Kent and Calvert Street. The rain date for the parade is 3 p.m. on Sunday the 31st. He said he thought the idea was that small children could trick or treat after the parade during daylight hours.

Mr. Ingersoll said that the State Highway Administration has advised that the annual revenue from them to the Town has been adjusted from $240,298 to $254,580. He said according to the auditor's suggestion a budget revision form has been done to show the budget increase.

Mr. Ingersoll said at a previous meeting a name for the entrance road into the Gilman project was discussed. He said "Schauber Road" was suggested since all the lands had previously belonged to the Schauber family. Mrs. Mumford-Pautz moved that the street be named Schauber Road, was seconded by Mr. Kirby and carried unanimously. Mr. Kirby asked if the Schauber family could be notified at a road dedication. Mr. Ingersoll said that was a good idea, but road dedication generally meant the transferral via legal document rather than a ceremony.

Mr. Ingersoll said he did some research on the naming of the block of Park Row by the monument park in response to a letter from the Frank M. Jarman American Legion Post. He said the 1891 Sanborn map does not show a "Park Row." He said it did not have a name, was just the land in front of Emmanuel Church and the Court House. He said a 1955 tax map which shows the street when it evidently had a name. Mayor Bailey said the name suggested was Memorial Place or Plaza. She said she thought "Place" sounded a little smaller. Mrs. Mumford-Pautz asked that we postpone vote on naming it Memorial Place until we meet in November. This will allow comments or further information from the public before a vote was taken.

Mr. Gross arrived at the meeting at 8:50 p.m.

Mr. Alan Schauber asked about the conflict in the naming of Kent Circle and Kent Street and whether that street was shown on the old maps. Mr. Ingersoll said that the conflict on the street was corrected in the 1970's. He said Kent Street was correct and the numbering was sequential and was correct on the 911 maps. He said deeds will still refer to Kent Circle.

Mr. Kirby asked how the waterfront was named and when it was named. Mr. Ingersoll said the foot of High Street was not renamed. He said the brick plaza was designated as "Barnes Plaza" on the invitation to the waterfront dedication since Mr. Barnes was the single donor for the plaza. He said the foot of High Street was County owned and he asked if it was okay with them to call it Barnes Plaza on the invitation. The County had no problem with that.

Mayor Bailey reminded everyone that the State Highway Administration will have their annual meeting in Kent County on Tuesday, November 9, 1999 at 9:30 a.m. in the Commissioners Hearing Room.

Mayor Bailey said there was a phone number in Kent County for disaster assistance. The number is 1-800-462-9029.

Mayor Bailey read a permit request for the Kent County High School homecoming parade. The parade will begin at 7:30 p.m. on Friday, October 8, 1999 at the Dollar General Store parking lot and end at High and Cross Street. They requested police assistance from the Town with traffic and blocking the intersections on High Street. Mrs. Mumford-Pautz moved that the permit be granted and the police overtime be approved, was seconded by Mr. Gross and carried unanimously.

Mayor Bailey read a letter from Davy McCall, Chairman of the Historic District Commission, regarding the continued deterioration of the Ramunno properties on S. Water Street and S. Queen Street. The Commission asks that the Town take action to enforce the demolition by neglect provisions of the ordinances so that these buildings are not lost from the Historic District. She said it was unconscionable that for thirteen years a property owner has allowed these properties to rot away. She said these were investment properties owned by someone who does not live in the community. She urged the Council to approve having the Town Attorney write to Mr. Ramunno and state that if we do not see immediate action, the Town will pursue demolition by neglect.

Dr. McCall was present was discussed the buildings involved and their history. He pointed out that recently the Kent County News had done an article stating that the history of the community was worth $12.4 million which included property values, tax revenues, construction jobs, and tourist business. He said there was an economic consideration when you preserve historic architecture and this was important to the economy and the community.

Mr. Ingersoll said this gentleman has owned the properties for a number of years and he has come to the Historic District Commission for permission to demolish a number of properties. The demolitions were granted on buildings beyond repair and were based on a proposed streetscape plan to replace the structures with new buildings. He said the Commission has granted all the demolition permits that they will grant. Dr. McCall agreed.

Mr. Ingersoll said the first step for the Council would be to approve Mr. Barroll writing a letter to Mr. Ramunno. He said the Council needs to be prepared to follow through and take court action with regard to these six or seven homes that could be worth hundreds of thousands of dollars in tax revenues and also supporting the Historic District Commission for the work they do. Mrs. Mumford-Pautz moved that the Town approve Mr. Barroll writing to Mr. Ramunno and proceed to take legal action to enforce the demolition by neglect ordinance if necessary, was seconded by Mr. Kirby and carried unanimously.

Mayor Bailey brought Mr. Gross up to date on the discussion of the expansion of the Hot Spot area and the request for an additional police officer. She said the three members present had verbally agreed that the Hot Spot area should be expanded out High Street to include Brookmeadow. They also agreed that instead of applying for funding for another police officer, that the grant request would include additional funding to expand the overtime police patrol effort for the three agencies. Mr. Gross said he had a problem with hiring another officer, but he agreed on the expansion of the area and the additional overtime to cover the area. Mrs. Mumford-Pautz moved that the Hot Spot area be expanded as discussed and the grant include a request for additional police overtime funding to cover that area. The motion was seconded by Mr. Gross and carried unanimously.

Mayor Bailey read a permit request from the Chestertown Community Council who will hold a Community Fair on Saturday, October 16, 1999 from noon to 4 p.m. The fair will be held on the 500 block of High Street, and the permit asks that this block be closed to traffic, no parking be allowed, and the intersection at High and Kent be closed for the staging area. She said there are local agencies who will have tables with information about services available in the community, activities for children, free food for children and for sale for adults, music and entertainment. She said all residents will be notified of the no parking and the days events in their neighborhood. She said the Street department will assist with trash barrels and blocking the street. Mrs. Mumford-Pautz moved that the permit be granted and with assistance from the Town as outlined, was seconded by Mr. Kirby and carried unanimously.

Mayor Bailey read a Proclamation Proclaiming the week of October 11-17, 1999 as Family Week in Chestertown. The proclamation was requested by Shared Opportunities Services, Inc.

Mayor Bailey asked if there were any questions or comments. Mrs. Mumford-Pautz said she would discuss with Mr. Ingersoll some signs that have disappeared or cannot be read.

Carolyn Beachy mentioned a stop sign in Kent Plaza at the corner of the old Pizza Hut property as one would turn to leave the shopping center. Mr. Ingersoll said he will be working with the Kent Plaza people on the sidewalks and will also discuss the pruning work before we undertake to do it. Mayor Bailey also said the light was out at the entrance to Kent Plaza.

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

Mr. Kirby moved that the meeting be adjourned at 9:25 p.m., was seconded by Mr. Gross and carried unanimously.

Submitted by:
Joan Merryman
Stenographer

Approved by:
Margo G. Bailey
Mayor