MAYOR AND COUNCIL MEETING
AUGUST 3, 1998
Mayor Margo G. Bailey called the meeting to order at 7:35 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 Public Hearing, Mayor and Council Meeting and Executive Session of July 20, 1998. Mr. Bristoll moved that the minutes of the meetings of July 20, 1998 be approved as presented, was seconded by Mrs. Mumford-Pautz and carried unanimously.
Mayor Bailey stated that an executive session had been held on July 20, 1998 at 8:40 p.m. pursuant to Sec. 10-508 of the Annotated Code of Maryland to discuss disposal of property and a personnel 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 no action was taken on the personnel matter. Minutes were taken and are part of the record.
Mayor Bailey called on Chief Bradley for the police report, a copy of which was attached to these minutes. Chief Bradley read the report of the results of the Hot Spot Citizen Survey done in July. There were 122 surveys done by volunteers going door to door in the Hot Spot area of Town. He stated that the number one problem cited by citizens was noise of all types. Chief Bradley said citizens asked that when the Police officers are doing their walks with community groups, that they not be in uniform. People who would like to talk to officers are intimidated when they are doing the walks in uniform and they would respond more easily if the officers were in civilian clothes. He said we still need citizen cooperation and participation in the walks. Mrs. Mumford-Pautz said the officer on duty should be in uniform. Chief Bradley said the on duty officer probably would not be involved in the walks since he would be busy elsewhere in Town, but that officer would be in uniform.
Mayor Bailey said that she had forwarded the information on the Ohio Nuisance Abatement Ordinance to John Mark McDonald, Assistant State's Attorney, for his review and comments.
Chief Bradley said that Tuesday, August 4, 1998 was National Night Out Against Crime and he asked that citizens come out and walk their neighborhoods that evening or at least turn on the porch lights to support the crime prevention effort.
Mayor Bailey asked if there were any questions. Mrs. Mumford-Pautz asked about the revenues from the parking tickets. Chief Bradley said he will have a report on that next month. He said they are emptying the meters twice a month now so revenue is coming in from them, and people are paying tickets.
Mayor Bailey asked Chief Bradley about the abuse of handicapped stickers or tags. She said she has seen cars with handicapped tags or stickers being driven by kids when it is obvious that no handicapped person is in the car. Chief Bradley said the handicapped person is supposed to be the driver or a passenger in order to use the spaces marked for handicapped. He said it is done and the officers have to use discretion in issuing tickets.
Mrs. Mumford-Pautz said it appears a lot of warning tickets are being written. She said she felt the Town should be posted that the speed limit is radar enforced. Chief Bradley said the roads coming into town are State roads and there are signs stating that the speed limit are reduced and speed limits are posted. He said by giving a warning, the officer is helping people rather than writing them a ticket. He said many of our tickets are not for speeding.
Mrs. Mumford-Pautz asked that the bicycle and skateboard ordinances be enforced a little more seriously. She said there are problems again with bicycles on the sidewalks ridden by older children and it is hazardous for older people who walk. Chief Bradley said children cannot be issued a citation because Juvenile Services does not have jurisdiction over these District Court citations and children cannot be charged in court.
Mr. Gross asked if there had been complaints from downtown business owners about getting parking tickets for unloading. Chief Bradley said the only person he has talked to about this was Miss Anna unloading papers. He said the problem is still business owners or employees who are parking in front all day rather than in the lot in back, now that the Town is enforcing the meters and writing tickets.
Mayor Bailey stated members of the Chestertown Volunteer Fire Company were present; Chief Bruce Neal, Bill Hildebrandt, Jeff Thompson and Darlene Neal. She asked Chief Neal to explain the trophies that the Fire Company had won at the annual convention in Ocean City. Chief Neal said they came back with 9 trophies including the big trophy which is given for the best overall company in the State. Mayor Bailey congratulated the Fire Company and presented them with a Town flag.
Chief Bradley introduced Bob Parroe from the Kent County Drug Task Force who spoke about recent drug arrests of 4 individuals at 339 and 341 High Street. He said that Chief Bradley and his men, the members of the Kent County Sheriff's Department and the State Police work together and he thanked them all for their work and valuable information. Mr. Ingersoll asked how far reaching that type of arrest was as far as the number of operators involved, how many blocks. Mr. Parroe said it was difficult to say as they are still conducting the investigation but their information was that a particular individual was supplying drugs to the area. He said this search and seizure and arrest has made an impact on the High Street area. Mayor Bailey asked if the property owners are notified that their tenants have been arrested for this. Chief Bradley said that John Mark McDonald sends a letter notifying owners of what has gone on as part of the community prosecution process under the grant.
Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll read a letter from the Kent County Historical Society. They requested permission to store and distribute a new publication on historical buildings in Kent County at the Kirby Memorial building next door. They would use the building as is, no heat or plumbing, in September and October. Mrs. Mumford-Pautz moved that the request be granted and was seconded by Mr. Bristoll. Mr. Bristoll said the Historical Society should be asked to cover this activity in the building under their liability insurance. The Council agreed with that condition and the motion carried by unanimous vote.
Mr. Ingersoll read a request from Chester River Craft & Art to block 120 feet of Cannon Street in front of their shipyard area on Sunday, October 25, 1998 from noon to 5 p.m. The event will be open to the public, include sale of food and beverages (including beer), and all preparation and cleanup will be done by the CRC&A group. They will provide insurance coverage. Mr. Thielke said he spoke to Mr. Codirenzi and Mr. Engel on the opposite side of Cannon Street and they have no objections. No other residences are affected. Mrs. Mumford-Pautz moved that the permit be granted as requested, was seconded by Mr. Bristoll and carried unanimously.
Mr. Ingersoll said he had a request from the Sultana Group to place paper sized directional signs downtown to direct people to the site. The first would be a small attachment under the sign discussed at the last meeting for Kent County Tourism at the corner of Rt. 213 and Cross Street. The second sign would be at the corner northeast corner of High and Cross (corner of small park) and the third on the southwest corner of Cannon and Cross with an arrow directing people up Cannon Street. The latter two signs would be affixed to the street name poles. Mr. McMullan said they were looking for a way to direct people to the site with the least possible number of signs. He said the color would be a yellow gold background with black lettering and would be there untill 2001. Mr. Gross asked if approval needed to be granted at this meeting as he would like to discuss the signage with some of the business people and look at the area where the signs would be. Mr. McMullan said they would not put them up until the end of the month. The matter will be voted on at the next meeting.
Mr. Ingersoll said the Town had talked about the 20' x 20' Betty Anne Connelley Park at the same site. He said everyone has been aware of this and he would like to have a sign made, with the approval of the Historic District Commission, designating the area for the future park. He said an area of the chain link fence would be inverted for the park area. Mr. McMullan said they had planned to backfill that area, plant grass and hoping to have a quiet, clean area where children could observe the work. Mr. Ingersoll said they are not mutually exclusive and the access into the area could be worked out. Mrs. Mumford-Pautz moved that the sign designating the future park be approved, was seconded by Mr. Bristoll and carried unanimously.
Mr. Ingersoll said the Council had discussed some recognition for the Washington College Shomen National Championship teams. He said he has discussed this with the College and there was a donor who have gave $300 to have a banner downtown. The College is paying for another banner across Rt. 213 and making those arrangements. He said the College was requesting $150 from the Town towards that banner. Mr. Bristoll moved that the Town donate up to $150 towards the banner, was seconded by Mr. Kirby and the vote was 4 in favor, Mrs. Mumford-Pautz abstained.
Mr. Ingersoll said the curb, gutter and sidewalk project coming up Cannon Street from the footbridge to the pumping station was progressing nicely. He reported that in Eliason's Hollow, there was a severe problem with a sinkhole next to Rt. 213 above the 5 foot pipe going under 213 and out Horsey Lane. The sinkhole was caused by rust at the bottom of the pipe and the earth was collapsing. The Town crew and Donald Urie, cleaned it out, put a concrete slurry in the base, built it back up and made a large stone area there so it will not block up with sticks. Mr. Eliason cooperated letting us get the equipment down in the hollow.
Mr. Ingersoll said he had received positive comments about the park from the Rolling Road residents. He said we received a petition that a resident brought in and she had talked to all property owners with positive feedback. Mr. Gross asked if Mr. Ingersoll had the list of planning suggestions mentioned at the hearing. Mr. Ingersoll said he would distribute it to the Council.
Mr. Gross asked whose responsibility it was to install stop signs in Washington Square. He said signs are needed at the "T" intersection coming out from the movie and also right in front of the movie theater. Mr. Ingersoll said if there was a dangerous situation, we can require the signs and what we normally do is put the signs in and the shopping center pays for them.
Mr. Kirby asked about the payments to Darryl Deaton and Dawn Wright. Mr. Ingersoll said they were contract workers who supervise at the Summer Recreation Program at Garnett which were arranged by the Recreation Commission. He said they were temporary workers who are being paid as part of the summer program the Council agreed to provide.
Mayor Bailey asked for a motion for the appointment to the Recreation Commission which brought up at the last meeting - Adam Helfrich. Mrs. Mumford-Pautz moved that Adam Helfrich be appointed to a three year term on the Recreation Commission and was seconded by Mr. Bristoll. Mr. Kirby said in the past the Council had been a resume from people who were to be appointed and he had not received one on Mr. Helfrich. Mayor Bailey read a letter submitted by Mr. Helfrich. Mr. Gross asked where he lived on Flatland Road. Mr. Helfrich said above Relay Electric. He said he felt he was more on a level with the youth in Chestertown and was interested in serving. The vote on the motion was unanimous.
Mayor Bailey reminded everyone that on Sat. August 8, 1998 the Country Troubadours would perform at the Music in the Park at 7 p.m. All donations are welcome.
Mayor Bailey said Frank Mench had asked to speak to the Council. Mr. Mench discussed his request for a permit to have music at the Marina on September 5 and 6, 1998 until midnight. Mayor Bailey said this matter had been discussed at the last meeting and the Council determined that a permit was not necessary since the music would be on private property not public property. She said the letter to Mr. Mench stated that the noise ordinance was always in effect. Mr. Mench said his request was that the noise ordinance be suspended until 11 p.m. which would be when he would end the music. He said he hoped the boat races went well. He said it should bring a lot of people into town; it will bring a lot of boaters to the marinas and he would like to supply some entertainment. He said he has the music on Tea Party weekends also. The Council's feeling was that the noise ordinance could not be waived for one party without doing the same for others. Mr. Bristoll said the Council felt that the activity was allowed, however, if there were complaints about noise, it would have to be dealt with just like any other violation. Mr. Mench said that the Tea Party Festival and now the power boat races were activities that created noise and those activities are permitted. Mayor Bailey said enforcing the noise ordinance as written was difficult since it was a judgment call.
Mr. Gross said the Town vacates the alcoholic beverage ordinance for activities such as the Tea Party and he did not see the difference in vacating the noise ordinance for an activity. Mr. Mench said he has had been having the music for forty-five years and only had the police come in the last two years. Mr. Gross asked what the response would be if he called and complained about the Music in the Park. Mayor Bailey said that was an excellent question and that is the problem with the noise ordinance. She asked for a motion on Mr. Mench's request to suspend the noise ordinance on September 5 and 6 until 11 p.m. Mr. Gross made the motion and was seconded by Mrs. Mumford-Pautz. Mr. Kirby said he felt that might set a precedent. He said a better way to handle the matter might be Mr. Mench to discuss it with the police ahead of time and ask that a phone call be made from the police if there are complaints. Mayor Bailey said she will call the MML and see if they could help with a solution to this difficult matter. The Council agreed to table the matter until the next meeting and Mr. Gross withdrew the motion and Mrs. Mumford-Pautz withdrew the second.
Mayor Bailey asked if there were any questions or comments. Mrs. Mumford-Pautz asked if the Hot Spot grant had been awarded. She said she wanted to make it clear that persons do not have to answer the surveys, they are optional and a person may opt not to answer personal questions. She said she attended the first meeting for the one-on-one addict program at Garnett School and the program will be done through Bethel Church with transportation, counseling and help for addicts would want to get help. The Church of God will also work with this program and volunteers are needed.
Mrs. Mumford-Pautz asked again about lighting for the intersection of Rt. 291 and Rt. 20. Mayor Bailey said she has discussed this with the State Highway Administration and she has invited the State Highway people to the next meeting.
Mr. Mench asked if the pipe next to the new sidewalk from the foot of Cannon Street up to Water was going to stay. Mr. Ingersoll said he will have to take a look at it and ask Med to remove it.
Bruce Alexander said he had written the letter about the channel 3 video on the flag rule. He said had the video asked people to call in their opinions, he would not have objected. However, the video specifically asked people to support the flag burning amendment. Mayor Bailey said the Town Attorney has said we should not air political announcements.
Mr. Kirby asked that one-way signs be put up at the exit from the College Heights alley at Greenwood since people drive in there all the time. He said there are stop signs on both ends which leads people to believe it allows two-way traffic. He also said the at the intersection of Maple Avenue and Rt. 213 there needs to be pavement markings as you come out from Philosopher's Terrace on Rt. 213. Mayor Bailey said the State gave us permission to have a right turn lane and a straight. She said we need a left turn signal there. Mr. Ingersoll said the State told us for years there was not room for two lanes and now they tell us to mark them. He said there are underground detectors for the lights that are only for one lane, not two. He said the Town should not be involved in marking the intersections that relate to a State Highway.
Mayor Bailey asked the Council to review the bills. Mr. Gross moved that the bills be paid as presented, was seconded by Mr. Kirby and carried unanimously.
Mr. Kirby moved that the meeting be adjourned at 8:55 p.m., was seconded by Mr. Gross and carried unanimously.
Submitted by:
Joan Merryman
Stenographer
Approved by:
Margo G. Bailey