MAYOR AND COUNCIL MEETING

MINUTES

MAYOR AND COUNCIL MEETING

FEBRUARY 2, 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 previous meeting. Mr. Bristoll moved that the minutes of the meeting of January 26, 1998 be approved as distributed, was seconded by Mr. Gross and carried unanimously.

Mayor Bailey called on Chief Bradley for the police report. Chief Bradley gave the annual report for the year 1997. He said calls for service were up 133 over the previous year; juvenile arrests were up 46 from the previous year; 59% of the cases were cleared; and 43% of the property stolen was recovered. He also gave the CDS report for the year which showed an increase from 60 to 77 drug arrests over the previous year. He gave the breakdown on drug arrests by substances, sex and race of persons arrested, and number of arrests in each ward. Chief Bradley also gave the monthly report for January 1998. Copies of these reports are made part of the record.

Mr. Gross asked if Chief Bradley had any statistics on accidents at Rt. 291 and Rt. 20. Chief Bradley said he did not have the statistics.

Chief Bradley reported that last Saturday morning the Department and Kent County Sheriff's Department executed a search warrant on High Street and seized drugs, cash and a car, and two adult arrests were made. Mrs. Mumford-Pautz asked the address. Chief Bradley said it was 541 High Street.

Mayor Bailey said Chief Bradley has sent out another round of letters about the condition of properties to let property owners know even if the property is empty and for sale, it still must be kept clean. If the properties are not kept clean, they will be fined. She said they looked at the property on College Avenue where the bank has foreclosed and others on College Avenue will get letters. Mrs. Mumford-Pautz said that 101 College Avenue has been taken over by the Maryland Housing Fund and she did not know if there would be any response from them. Mayor Bailey said they can be fined or if there was a real estate agent handling the property, they should be notified. Ms. Merryman said Mrs. Sommers called about the water at that property so we will notify her. Chief Bradley said we have had a good response from the property owners that have gotten letters about cleanup.

Mayor Bailey asked if there were any questions. Mr. Gross said he had been told by downtown business people that they are requesting more downtown foot patrol. He said the only officer they see downtown was Corp. Alexander. Chief Bradley said that Officer Dolgos, Officer Brice or whoever was on the day shift was downtown during the day. He said during the holidays there were two men who patrolled the downtown and shopping centers all day.

Mrs. Mumford-Pautz asked that she be notified of property owners who will receive letters about cleaning up their property so that she may discuss it with them. She said she has turned lists into the Town Office in the past about properties that need cleanup and she would like to be informed before letters go out.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll said Bill and Paula Ruckelshaus were present to discuss their letter dated January 12, 1998. He said Mr. and Mrs. Ruckelshauses received the house from KRM located at 422 Cannon Street and were moving it to 306 Cannon Street (right behind Kent Printing). They bought 306 Cannon Street from the estate of the owner and had the house that was there demolished. The Historic District Commission has approved the demolition and the house move. He said the Town has a small lot (about 25 x 50') where Lucille Smith's house was removed from the site and moved up the street. He said Mr. and Mrs. Ruckelshaus would like the agreement of the Mayor and Council to lease them the lot, for no rent, and they will landscape the property and maintain it for a five year period. He said that five years was the period of time during which the Town may not sell the lot or gain any monetary income from it. He said their idea was complimentary to the Town's plans for the block and would be the first business redevelopment for the block. He said the Town would see and be able to approve their landscaping plan.

Mr. Ruckelshaus showed the Mayor and Council the site and the exterior plan for renovation of the house which will become their wool and sweater shop on the first floor, and possibly two apartments on the second floor. He said there was a 23' wide lot and then a 10' easement where the Town's stormdrain system was. He said they would plant trees, grass and bushes on the larger portion of the lot and grass on the easement area. He said immediately after the five year period, they would like to have first refusal on purchasing the lot which would put the property back on the tax rolls.

Mrs. Mumford-Pautz discussed the way the house had been pulled around and across property in back of other residences on Cannon Street. She said the ground has been disturbed and asked whether it would be repaired. Mr. Ruckelshaus said the house was pulled around that way in order to avoid the primary electric lines for all of town which are about 100 feet from the house on Cannon Street. He said the house movers made the move and are under time constraints in their schedule. He said the lot was owned by KRM and permission was granted from KRM to move the house as it was done. He said from the current location it will be pulled out into the street and then down the street and the major lines do not have to be dropped. Mrs. Mumford-Pautz asked that whoever was responsible should repair the lot since the residents had mowed that property for years.

Mrs. Mumford-Pautz said she would move that the Town go ahead and approve his use of the small lot as discussed. The motion was seconded by Mr. Bristoll and carried unanimously.

Mr. Ingersoll said he met with the County Commissioners along with Charlotte Cathel and Jeff Troester to discuss park sites. He said the purpose of his visit was to ask the Commissioners to allow Jeff to help with any studies and design of park sites in Town. He said Charlotte Cathel was the representative from the Department of Natural Resources who put the $300,000 in the State budget last year. The County agreed that Mr. Troester could help the Town and agreed to pledge, conditionally, $100,000 of park funds which they will not use towards the Galena park. He said he had distributed the minutes from the County meeting and wanted to correct one statement in those minutes. He did not tell the County Commissioners that the Town was budgeting $50,000 for a park. He told them that if the State granted $300,000 and the County put up $100,000, that he would recommend to the Council that they commit $50,000 toward a park. He said he had not committed any funds for the Town as they are not budgeted and he would not do that. He said it looks like we would have the county support if and when we find a site. Mr. Troester recommends that the Town not purchase anything less than 15 acres and we are studying four or more sites in Town.

Mr. Ingersoll said the MVA bus has been coming here monthly since November 1997. He said in November 75 people used the service; December 129; January over 100 by the middle of the day. He said the cost to install the electric and telephone line was about $1500 and this was paid by Kent County. The November phone bill was $71, December was $75 which the Town agreed to pay. He said the Town and County should be pleased with the results.

Mr. Ingersoll said everyone had a copy of the Chestertown Planning Commission annual

report. He said the report had been approved by the Planning Commission and forwarded to the Mayor and Council. The report shows what occurred during the last year and he recommended that the Council accept it and send it on to the State. Mr. Gross asked that they have time to review it. Mr. Ingersoll said that there was plenty of time to adopt it as it was merely sent to the State for their archives.

Mr. Ingersoll said the County Planning Office informed him last Thursday they will have a Smart Growth Meeting on February 6, 1998 at 2 p.m. Anyone who was interested may attend and they want the other towns to get together with them over the infrastructure needs for the whole County. Mayor Bailey said we want to attend and be sure the Town's needs are considered.

Mr. Ingersoll said that Mrs. Hoon has brought in the 1940's Chestertown film. He said two councilmembers have asked that we show it on channel 3 and we have had other requests to show it. Mr. French stated he would put it on the same tape with the town meeting and it would start to run on Tuesday.

Mr. Ingersoll said he was asked by Mr. Gross to get prices on repaving for the Washington park and Foxley Manor Streets. He said he and Scott Smith measured the streets and the cost for paving both subdivisions would be $100,000. He said when the budget is worked on for the next year the Council should consider how much we will budget for paving work for next year and when we want to do these subdivisions. He said the plans are made for the use of the paving funds for this budget year. Mayor Bailey said she would like to see the paving in these two subdivisions done. Mr. Ingersoll said we could get bids in May this year to cover a two year period. Mr. Kirby asked for the schedule for the paving for the rest of this year.

Mr. Ingersoll said he wanted to discuss the Mayor's Scholarship Committee. He went over the history of the committee since about 1894 and said that Barbara Kergaard, who was once a guidance counselor at the High School, Kevin Coveney from Washington College, Pat Mulligan from the Council, and himself had comprised the first committee. He said according to the letter from the attorney, any Councilmember who might have a dependent interested in applying for the scholarship should take no part in the selection of the committee or selection of the recipient. He said Mr. Barroll interprets the agreement as having the Committee make the final selection. He said in the past the committee has reviewed the applications and made a recommendation to the Mayor and Council on who should be awarded the scholarship. The Mayor and Council has made the final decision on the award but always chose the same candidate as the Scholarship Committee. He said Barbara Kergaard, who was a town resident, said she would be willing to serve and she is still working for the Board of Education. He said the Mayor and Council should decide whether the Committee will make the selection or make a recommendation to the Council and the Council make the selection. He said anyone on the Council who might have a relative applying could not be part of the selection process for the committee who makes the decision.

Mayor Bailey said she felt the Committee should recommend and the Council approve. Mr. Bristoll said he felt the Committee should make the selection and so that Councilmembers are never in a position of having to pass on a child of a member of the Council, ever though the member will recuse himself or herself. He said this would keep it entirely objective. Mrs. Mumford-Pautz said she disagreed and felt the Council should make the final decision. Mayor Bailey said the committee could make a recommendation on an applicant and the Council would vote on the final approval. Mr. Ingersoll said if there are several applicants and all things are equal, the final decision maker would be the need for the scholarship. He said we have 9 years left of a full tuition scholarship. He said the person should not be receiving any other scholarships along with this one.

Mrs. Mumford-Pautz moved that Barbara Kergaard, Kevin Coveney and Bill Ingersoll serve on the scholarship committee and was seconded by Mr. Bristoll. There were 4 votes in favor, Mr. Gross abstained.

Mr. Ingersoll requested an executive session following the meeting for property acquisition matters. Mr. Bristoll moved that the 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 requested that the Councilmembers attend the County's meeting on the infrastructure needs under the Smart Growth Program on February 6, 1998. She said Mr. Ingersoll should attend the meeting as he knows the Town's needs.

Mr. Gross asked about removal of old furniture at the back of 339 High Street. Mr. Ingersoll said we will remove it and bill the property owners but stated the furniture was frequently dumped there. Mr. Gross requested a 4-way stop sign at Cannon and Queen Streets as it was hard to see past vehicles parked in the area to pull out into the intersection. Mr. Bristoll said he did not think that was a bad idea and that there should also be a 4-way stop at Water and Cannon Street. Mr. Ingersoll said he would handle that at the direction of the Council. Mr. Gross moved that the 4-way stop signs be installed at both intersections, was seconded by Mr. Bristoll and carried unanimously.

Mrs. Mumford-Pautz said she had asked that a stop sign be placed at Poplar and Lynchburg coming out of the one way street and it has not been done. Mr. Ingersoll said he will take care of that.

Mr. Kirby said he had asked that a tree be trimmed at the corner of Cedar and Greenwood to allow visibility. Mr. Ingersoll said he had the crew trim to allow visibility of all stops signs. Mr. Kirby said as you come down Cedar from Hadaway Drive at Greenwood a tree blocks the view. Mr. Ingersoll said he will go there with Mr. Kirby and he can show him the tree.

Mayor Bailey asked if there were any other questions. Charles Black said that the blacktopped ditches in Washington Park need to be cleaned out. He said only the one at the beginning was cleaned. Mayor Bailey said that she would view the problem with the superintendent of streets.

Mr. Black asked if there was a problem with Town water since the residents in Washington Park got a card and little bottles on mailboxes from someone about water softeners. Mr. Ingersoll said that was a scam or salesman and asked for the business card.

Mayor Bailey said that she and Mrs. Mumford-Pautz attended the meeting of SOS last week. They will be hold a public meeting on February 12, 1998, from 10:00 to 11:30 a.m. or from 6:00 p.m. to 7:30 p.m. at First Methodist Church to gain input from the people in community who will use the services, especially parents of infants and toddlers in Kent County.

Mayor Bailey said Cecil/Kent Health Services held a community meeting some time ago to discuss health preventative services and no one came. There will be another meeting on February 12, 1998 at 7 p.m. at the Health Center to promote the preventative health services. She said there service was in jeopardy unless they get community cooperation.

Mayor Bailey said she had appointments to make which were introduced at the previous meeting. She asked that Janey Barrett be reappointed to the Recreation Commission. Mr. Gross moved that Janey Barrett be reappointed to the Recreation Commission, was seconded by Mr. Kirby and carried unanimously. Mayor Bailey asked for a motion to appoint Charles Black to the Recreation Commission. Mr. Gross moved that Mr. Black be appointed, was seconded by Mr. Bristoll and carried unanimously.

Mayor Bailey asked for a motion to reappoint Kees deMooy to the Historic District Commission. Mrs. Mumford-Pautz said before a motion was made, she had a question. Mayor Bailey said after a motion was on the floor she would take discussion. Mr. Bristoll moved that Mr. deMooy be reappointed to the Historic District Commission. Mr. Gross said he would second the motion for discussion, but what about the reappointment of Mr. Janson-La Palme. Mayor Bailey said this had nothing to do with the reappointment of Mr. deMooy. Mrs. Mumford-Pautz said according to the list of commission members and their terms, Mr. Janson-La Palme's term was up in 1996. She said she did not want to turn this man down if they could bring the entire commission up to where it belongs. She said she had brought this up before. Mr. Gross said Mr. Janson-La Palme has not been acted on for a couple of years and this man's appointment had just expired. Mayor Bailey said there was a lengthy discussion regarding Mr. Janson-La Palme's appointment a couple of years ago and the appointment of one member should not reflect on the appointment of another. Mayor Bailey asked if the Council would vote on the reappointment of Mr. deMooy. Mr. Gross said he would vote on that motion but then would vote to table his appointment until they discuss Mr. Janson-La Palme's. Mr. Bristoll said there were room for both on the commission and the order of appointment does not make much difference. He said Mr. Janson-La Palme's reappointment was controversial but that was no reason to not reappointment Mr. deMooy. The vote on the motion was two in favor, Mrs. Mumford-Pautz opposed, Mr. Gross opposed, and Mr. Kirby abstained. Mrs. Mumford-Pautz said she felt Mr. deMooy did not attend the meetings regularly. Mr. Ingersoll said the Council would receive a report of every meeting that the members attend.

Mayor Bailey said the next matter was the reappointment of Henry Gruber to the Board of Appeals and she would take a vote on that at the next meeting.

Mr. Gross asked how they would deal with Mr. Janson-La Palme. Mayor Bailey said she would not reappoint him. Mr. Gross asked if there was a reason why. Mayor Bailey said she will find her notes from the previous discussion, but she did not want to sit and go through it again in a meeting. If the Council wanted that, she would have the information at the next meeting.

Mayor Bailey said she had a matter that had not gotten on the agenda. She said Mrs. Mumford-Pautz and herself had met with the residents in Washington Park in the summer regarding development of the park area in Washington Park. She said Mr. Black had met with her and the residents would like to begin to improve the development. She asked that the Council to approve the purchase a two picnic tables, a trash can and a bench, and planting trees this year. She said there was money in the recreation budget for these items which will cost about $2,000.

Mr. Black said the residents had agreed that these were the items to start with. He said one day a year they have an organized fun day and there was nothing there now. He said eventually they would like to have some more benches, a pavilion, maybe a basketball court and a walking track around the area. He said this was a start. Mrs. Mumford-Pautz moved that the park equipment be purchased as discussed, was seconded by Mr. Bristoll and carried unanimously.

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.

Chris Kennedy from the Kent County News asked if the Town would continue to pay an attorney to represent it in the Wal-Mart case in light of the hearings that had taken place. Mayor Bailey said we had no official notice from Mr. Mahoney, our attorney, on the outcome of the hearing and she had not attended the hearing. Mr. Kennedy said he would report on it. Mr. Bristoll asked that we wait for notification from our attorney. Mr. Gross asked what Mr. Kennedy had to report. Mr. Kennedy said essentially the judge said he said no evidence that the town boundary issue was going to prove to be a part of it. He said his interpretation was the Town had no more issues. Mayor Bailey said she would make no comment until we have information from our attorney. She said we will distribute information to the Council from Mr. Mahoney as soon as it is received.

There being no further business, Mrs. Mumford-Pautz moved that the meeting be adjourned at 8:55 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