MINUTES
MAYOR AND COUNCIL MEETING
JANUARY 22, 2001

Mayor Margo G. Bailey called the meeting to order at 7:40 p.m. In attendance were Councilmembers Harrison C. Bristoll, Jr., W. Whaland Clark, 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 meeting of January 2, 2001 and the executive session of January 11, 2001. Mr. Bristoll moved that the minutes be approved as presented, was seconded by Mr. Clark and carried unanimously.

Mayor Bailey stated that an executive session had been held on January 11, 2001 at 4 p.m. The meeting was called pursuant to Sec. 10-508 of the Annotated Code to discuss a personnel and a legal matter. The entire Mayor and Council was present and voted unanimously to go into executive session. The meeting was adjourned at 5 p.m. Minutes were taken and are part of the record.

Mayor Bailey announced that the Mayor and Council has cash on hand and in banks of $864,367.37.

Mayor Bailey called on David Wright who had requested permission to be on the agenda. Mr. Wright stated he had an ongoing project at 337 1/2, 339 and 341 High Street and his request involved that location. He discussed the work that has been done on these buildings to date. He submitted a drawing of a proposed patio and wall area in front of 341 High Street. He said the purpose for creating the patio was to create a sitting/garden area for the residents of the building similar to his garden beside his Church Alley office. He said the proposed use of the upper floors of the building would be either apartments or rooming house. He said he now had tenants who are keeping the doors locked at the front and back and this was preventing transients from walking through the building. He said the proposed patio would leave virtually as much sidewalk width as exists on Cross Street. He said while Andy has agreed to rent the storefront and the basement, access would be from Andy's into the storefront area and then to the basement. There would not be tables or customers of Andy's using the patio or any outside drinking. There would be an exit stair from the basement on one side for emergencies.

Mr. Bristoll said it appeared that Mr. Wright was asking that the Town grant him 5' of Town property. Mr. Wright said if permission to use it was granted by the Town, no claim to the property for adverse possession could be made later. He said he would take responsibility for any liability on the patio area. Mr. Bristoll said he would like to have an opinion from the Town Attorney on whether or not we can grant permission for this use of the sidewalk. He said constructing a brick wall was a substantially permanent structure. Mrs. Mumford-Pautz said she would like to have the opinion of the Historic District Commission before voting on this. She also said she thought the building should be complete and ready for use before the Council considers approval of the use of the sidewalk.

Mr. Wright said the exterior of the building was finished with the exception of the proposed patio area. He said what the Council decides will determine how the front steps will be constructed. He said the sidewalk slopes and to make the patio he would make the area flat.

Mayor Bailey asked if Mr. Wright was scheduled to go to the Historic District Commission for this plan. Mr. Wright said he was on the next agenda. He said if the Council approves the concept he would work with the Historic Commission to get a design approved by them. He suggested that the Council meet him at the building and he would show them what was being done. The Council said they would not make a decision on the request at this time. They agreed to meet Mr. Wright at the building at 4:30 p.m. on Wednesday to look at the building.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll said the Planning Commission has approved their Annual Report and was forwarding it to the Mayor and Council. After acceptance by the Mayor and Council, the report will be sent to the Department of State Planning. Mr. Ingersoll read the report. Mrs. Mumford-Pautz moved that the Annual Report be forwarded to the Department of State Planning, was seconded by Mr. Bristoll and carried unanimously.

Mr. Bristoll asked if there was any word on the new Acme. Mr. Ingersoll said the plans have been approved but no fees have been paid and the permit has not been issued. He said he had talked to a regional manager for Roses, who stated they have been bought out by another company and they likely would be bought out of the rest of their contract. Mr. Kirby asked whether anything was going to move into the Masten's building. He said with Masten's empty, there will be three along Rt. 213, Roy Rogers, Pizza Hut and now Masten's. Mr. Ingersoll said he had researched the owner of the Masten's land and it is owned by Mr. Massey. He said Genesee was the company who bought out Masten's a couple of years ago and they are the ones who closed the store here. He said he called other lumber yards to see if anyone had interest here and was happy to find out one company had already contacted Masten's Realty about the property. He said he told them the Town would be happy to cooperate with applications such as to DBED or be a sponsor to assist them in locating here.

Mayor Bailey said one thing she wants the Planning Commission to look at are the plans that come in to build specifically designed buildings, and when they become empty no one else wants the building. She said other communities have found some ways to solve this and she has provided the Commission with a book called "Home Town Advantage" that deals with this problem.

Mr. Kirby said the Town Crew had done a good job on the snow removal over the weekend. Mr. Ingersoll said that Mr. Sterling's new truck has been terrific in clearing the narrow spaces, public parking lots, etc.

Mayor Bailey announced that the Kent Family Center and Chesapeake College are offering a class called College Survival Skills at their Dixon Drive office in Chestertown. Tuition assistance is available and persons interested can call 410-827-5857 or 410-778-7911 for more information.

Mayor Bailey said there will be a liquor license hearing at 10 a.m. at the Commissioner's Hearing Room on January 30, 2001, on the beer and wine application of Patrick Bushby and others at 323 High Street.

Mayor Bailey read and signed a Proclamation declaring that Character Counts! Pillar of the Month of January is "Caring."

Mayor Bailey said she was announcing the following reappointments to be voted on at the next meeting. The reappointments were Ken Noble to the Planning Commission; Davy McCall and Kees deMooy to the Historic District Commission; and Henry Gruber and Stuart Godwin to the Board of Appeals.

Mayor Bailey requested that an executive session be held following the meeting to discuss a personnel matter. 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.

Mayor Bailey said we are working on the demolition by neglect action for the lower part of Town and she asked that Council make a charge to the Historic District Commission that they actively survey the Town and list the properties that may be in violation of this code. The Council agreed that the Historic District Commission should be asked to look at properties that are in danger of demolishing through neglect. Mayor Bailey said she will attend the next meeting of the Commission and discuss this with them.

Mayor Bailey announced that the Town and Trowel Lecture series sponsored by the Chestertown Beautification Committee has been scheduled. Two lectures will be given at the White Swan by Christopher May, Lecturer, Consultant and Gardener at The Reward Farm, the first on Sunday, January 28 at 2 p.m. and the second on Sunday, February 18, 2001 at 2 p.m. Persons wishing to attend must call for a reservation as seating is limited.

Mayor Bailey announced that a concert with local artists will be held at Tawes Theatre at Washington College on Saturday, February 17, 2001 at 8 p.m. Tickets are $12 for adults and $5 for children and the concert benefits Kent Youth.

Mayor Bailey asked if there were any questions or comments. Mrs. Mumford-Pautz said the community needs interior recreation for young people in Chestertown and she hopes the Town can address that project this year. She said she wanted to impress on people the tax credits that can be obtained by people who purchase and renovate single family homes and pointed out that there are homes in the Historic District where these tax credits apply. She said a workshop was held a couple of years ago and possibly this can be done again. She said she will give a list of homes in each block that can be repaired to Mr. Ingersoll.

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

There being no further business the meeting was adjourned at 8:30 p.m. on a motion by Mr. Clark, seconded by Mr. Kirby and carried unanimously.