Mayor Margo G. Bailey called the meeting to order at 7:40 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 minutes of the Mayor and Council meeting and Executive Session of October 19, 1998. Mr. Kirby moved that the minutes be accepted as presented, was seconded by Mr. Bristoll and carried unanimously.

Mayor Bailey stated that an executive session was held on Monday, October 19, 1998 pursuant to Sec. 10-508 of the Annotated Code of Maryland. The entire Mayor and Council was present and voted to go into executive session to discuss a personnel matter. There was no action taken by the Council and minutes were taken of the meeting.

Mayor Bailey called on Chief Bradley for the Police Report, a copy of which was attached to the minutes. Chief Bradley read the report for the month of October 1998. Mayor Bailey asked if there were any questions. Mrs. Mumford-Pautz asked what kind of police coverage there was in the 500 and 600 blocks of High Street and College Avenue area, what percentage of an 8 hours shift. Chief Bradley said they are still doing the Hot Spot patrols and regular patrolling of the area but he could not state a percentage. He said the officers on duty must patrol all over town.

Mayor Bailey called on the Town Manager for his report. Mr. Ingersoll thanked Dorothy Martin for the work she has done landscaping around the police station. He said she has spent many hours along with the street crew and has done a good job.

Mr. Ingersoll said the public hearing on the Community Development Block Grant was held earlier and he asked that the Council adopt a Resolution to submit a grant application. He read a Resolution authorizing the submission of an application to be signed by Mayor Bailey. Mrs. Mumford-Pautz moved that the Resolution be adopted and was seconded by Mr. Bristoll. Mr. Kirby asked for clarification on the question about the Town's liability if the property was purchased with the Block Grant and the rest of the funding does not come through. Mr. Ingersoll stated that before the Town would draw down any CDBG funds, the Town would be certain that all other funding had been approved so that the Town's grant eligibility was not jeopardized. The vote was carried by a vote of 4 in favor, Mr. Gross abstained.

Mr. Ingersoll reported on the bid opening for stump grinding. The Council had copies of the minutes. The Town received three bids ranging from $469.80 to $1830. The low bid was submitted by Pardoe's Lawn and Tree Service and Mr. Ingersoll recommended award of the bid to them. Mr. Kirby moved that the bid for stump grinding be awarded to Pardoe's Lawn and Tree Service, was seconded by Mr. Bristoll and carried unanimously. Mrs. Mumford-Pautz asked that the stump at 626 High Street be removed.

Mr. Ingersoll announced that we have advertised for bids for tree planting on High Street and those bids are due on Monday, November 16, 1998

Mrs. Mumford-Pautz asked if there was a solution for the box elder bugs that are all over Town. Mayor Bailey said they are bad this year and they live in box elder trees which are all over Town. She said a soap and water solution will kill them and people can put the bug bombs off inside their homes. The bugs are harmless but are a nuisance.

Mr. Ingersoll stated that Upper Shore Aging was awaiting an answer on their proposal to rent the upstairs. He said they had provided more information on their financing and the numbers on Chestertown residents who use the Senior Center. The Council agreed to take that up at the next meeting.

Mr. Ingersoll said there were pending questions asked of the Mayor and Council by the CCIA. Mayor Bailey said Mr. Barroll was present at the meeting for the discussion on these questions. Mr. Ingersoll said the first question dealt with the Ethics Commission records and who was the "custodian" of the ethics commission records. He said there was nothing in the Charter that appoints the Town Manager as custodian of those records. He said he was the custodian for all other records of the Town. He asked if the Mayor and Council wanted to appoint him as custodian of the Ethics Commission records or have the Ethics Commission be the custodian, or if the Mayor and Council wanted to be the custodian. Mrs. Mumford-Pautz moved that Mr. Ingersoll be designated as the Custodian for the Ethics Commission records, was seconded by Mr. Kirby and carried unanimously.

Mr. Ingersoll said he had written the CCIA on several occasions to state that he would not release records of hearings where where was no finding of wrong doing. He said that was in accordance with a letter from Stewart Barroll, Town Attorney, and the way he interpreted the law. He said he would release records if there was a finding of wrong doing because the law was clear that in such a case the records become public record. If there was an allegation of wrong doing and no finding, the law says the records are to be retained and not released. He said that had been his decision in the past. He said if the Ethics Ordinance were to be rewritten this should be specifically included. Mr. Barroll agreed that Mr. Ingersoll's actions had been correct. Mr. Ingersoll asked the Council if they wished him as Custodian to release records if there was no finding of wrong doing. Mr. Bristoll moved that Mr. Ingersoll as Custodian of the Ethics Commission records should not release records of the Ethics Commission if there was no finding of wrong doing. Mr. Gross said he would second the motion and add that this was in accordance with State law governing the records. Mr. Bristoll accepted the amendment to the motion and the motion carried by unanimous vote.

Mr. Ingersoll said the third question to the Council from the CCIA involved the election process. He said the CCIA had made a recommendation that the Mayor and Council appoint an election study committee due to problems in the last election. He said several of the problems had been eliminated when he revised the petition for candidacy to include all of the qualifications for candidacy. He said the Town has received a letter of resignation from Elise Davis who moved out of Town. He said she made a good recommendation for improved traffic flow at the polls.

Mr. Ingersoll said the Charter was clear in separating the election process from the Mayor and Council and giving responsibility for elections to the Board of Supervisors of Elections. He said he felt the Board should meet at least two weeks before elections to review petitions submitted rather than wait until all candidates' petitions are in. If a candidate puts a petition in early he/she can be sure everything is correct about their petition in advance of the filing deadline. He said the changes to the petition form were reviewed and approved by the Board members. He said the requirements for absentee ballots and emergency absentee ballots were advertised prior to the last election, and we will have more publicity about them in the future. Mr. Ingersoll asked if the Council wanted to appoint a committee to study the elections procedures or would they want the Board of Election Supervisors to take up the matter.

Mayor Bailey said we already have a Board and we do not interfere with their process. She said we have a group set up and she did not feel the effort should be duplicated. She said she felt the current Board could review the issues and deal with it. Mr. Kirby asked if the Election Board meetings were open meetings where anyone with questions could attend. Mr. Ingersoll said they are open meetings and anyone can attend. Mr. Bristoll said he felt that Mr. Ingersoll, who was familiar with the process, should sit down with the Board and point out the issues that have arisen. Mr. Ingersoll said the Board does not ordinarily meet between elections but should. Mrs. Mumford-Pautz moved that the Mayor and Council recommend that the Board of Election Supervisors study any issues about the election process and their procedures. Mr. Bristoll seconded the motion and the vote was 4 in favor, Mr. Kirby opposed.

Mr. Ingersoll said the last question involved a Charter power of the Mayor and Council and that was the matter of redistricting the wards. The CCIA had suggested that the wards were unfairly divided and recommended redistricting. Mayor Bailey said a redistricting was done in 1994 and the wards were balanced by both population and registered voters. Mr. Ingersoll said he could show the Council the numbers on all wards and the full study. Mrs. Mumford-Pautz said she thought redistricting had been done before while she was on the Council. Mr. Ingersoll said it had never been done in his research back to the late 1950's. He said the size of the 3rd ward had changed, however, due to annexations to the Town. He said the wards were truly out of balance for many years. He said the main problem was the second ward was landlocked by the Chester River and Radcliffe Creek and in order to allow the second ward to expand and balance the wards, the lines were changed to extend the second ward up through the center of the Town.

Mr. Bristoll said the 1994 redistricting was very thoroughly done and we have not had a significant shift in population since then. He said we will have a shift when the Gilman development was completed. He said he would not recommend that it be done now but wait and do the study when we have a population shift. Mr. Ingersoll said Gilman will go into the 4th ward which at this time was slightly under the other three wards and will help balance the wards. He said by Charter when redistricting you must look at population and registered voters. In some areas you have high numbers of population of voter age who are not registered. But they have the potential to have the same number of registered voters as the other wards and you have to look at both figures. Mr. Kirby asked if geography had anything do to with the ward lines. Mr. Ingersoll said if that meant the geographical size of an area, it was not supposed to have anything to do with the ward division.

Mayor Bailey said it was also very difficult to redistrict and not have a councilmember be redistricted out of their ward. Mr. Ingersoll said another thing that was considered was to not have two elections in a row where the people were not able to vote for a councilmember to represent them. Mayor Bailey asked how the Council felt on a redistricting study. Mrs. Mumford-Pautz moved that the Town not do a redistricting study or make any ward changes at this time, was seconded by Mr. Bristoll and carried unanimously.

Mr. Gross said he had raised a question before about changing the date for the Town Elections. He asked that the question be forwarded to the Board of Election Supervisors for study. Mr. Ingersoll said the Town should consider an appointment to the Board since Ms. Davis had resigned. He said he had not talked to Betty Needles (one of the members) but she has the experience and the Council should consider elevating her to Chairman. He said he asked Susanne Hayman, who had chaired it before, and she said she was not interested. He said the Council needs to bring that board up to three members again.

Mr. Ingersoll said he had a notice from our companion city Chester, Nova Scotia, that they are sending us a Christmas tree again this year. He said we should be thinking about an appropriate gift to send to them.

Mayor Bailey read a letter from Horizons thanking the Town for our donation of $4,000 for their summer program this year.

Mayor Bailey read a letter from the Kent County High School Homecoming Committee announcing their parade on Friday, November 6, 1998 at 7:30 p.m.

Mayor Bailey announced the opening of an exhibit by Sihn Ja An at the Chestertown Bank on Thursday, November 5, 1998 from 5 to 7 p.m.

Mayor Bailey read a letter from Kent County Youth Football and Cheerleading asking for assistance with scholarship funds to children who cannot afford the fees for the programs. To date $4300 in scholarship fees have been granted to children who want to participate. Mayor Bailey asked if the Council was interested in donating to the scholarship fund. Mrs. Mumford-Pautz said she felt the service organizations should consider backing this effort rather than the Town. Mr. Gross said he felt it should be referred to the Recreation Commission for their recommendation.

Mayor Bailey said at a previous meeting Daryl Deaton and Orgirinia Graves had suggested that the Town sponsor a holiday dance for the town children who participated in the summer recreation program at Garnett School. She said if we are going to sponsor a dance, she needs to arrange a date to use the School. There would also be a need for funds to provide for a DJ and refreshments probably up to about $500 for both. Mr. Gross asked that more specific numbers be submitted for the cost of the event. Mrs. Mumford-Pautz said she thought it might be just as appropriate in January rather than at Christmas. Mayor Bailey was asked to line up two dates, one at Christmas and one in January and get the costs and bring that information back to the Council for a vote at the next meeting.

Mayor Bailey said that Dave Taylor of the Kent County Economic Development office has requested help from the Town for an advertising program for "Shopping At Home." His letter said the program would cost $5,000 and the County Commissioners had set aside $2,000 for the program. Mr. Taylor was looking to the towns and civic organizations to participate. She asked whether the Council was interested in participating. Mr. Bristoll asked what category of the Town's budget would the money come from. Mr. Ingersoll checked the budget and said $4800 was budgeted for public relations and $10,000 for community relations as part of the recreation budget.

Mrs. Mumford-Pautz said she would like people to shop locally but she felt it was up to private business to pay for commercial advertising as a group or individually. She said prices must be in line with what people would pay elsewhere or it will not work. Mr. Kirby said he had a problem with Mr. Taylor asking for funds that would go to WCTR when his family owns the radio station. Mayor Bailey pointed out that the tax dollars of town citizens are part of any funding that the County Commissioners provide as well. Mrs. Mumford-Pautz said she felt that the Downtown Association or the merchants at the shopping centers should make a presentation on this program. Mr. Ingersoll said their $5000 budget for the advertising should be submitted showing what it was going for. Mayor Bailey said she will ask Mr. Taylor to come to the next meeting and he can explain where all the funds are coming from and how they will be spent.

Mayor Bailey read an announcement that the Maryland Department of Human Relations will hold a public hearing to address fair housing concerns on the Eastern Shore at the National Guard Armory in Salisbury on November 10. They used to have a representative come to Town Hall once a month to address concerns on housing or labor practices. They found it difficult to have people come forward and sometimes had no one come to see them. The hearing in Salisbury will be from 6:30 to 9:30 p.m. If any of the Council can attend please do so.

Mayor Bailey asked if there were any questions or comment. Mr. Gross said we had a small problem with people coming into the meetings wearing hats and sunshades. He said he would suggest a policy that people take their hats off while the meeting was taking place and that when someone addresses the Council they take off sunshades.

Mr. Kirby requested an executive session for 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 Mr. Gross 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 Mr. Gross and carried unanimously.

Mr. Gross moved that the meeting be adjourned at 8:32 p.m., was seconded by Mr. Kirby and carried unanimously.

Submitted by:

Joan Merryman

Stenographer

Approved by:

Margo G. Bailey

Mayor