last update: 072808
COUNCIL MINUTES
Monday, April 14, 2008
Note: The audiotape of this meeting begins on side B, following the
Budget Work Session.
The Meeting of the Mayor and Council for Monday, April 14, 2008 was called to
order by Mayor Cardinale at approximately 7:00 PM. Councilmembers Brittingham,
Burrell, Lang, Lynch and Williams were present, as well as Administrative
Director Linda Bambary. Town Attorney David Gaskill
and Chief of Police Arnold Downing were also present.
Following the recitation of the Lord's Prayer and Pledge of Allegiance, the
Minutes of the March 24, 2008 Executive Session were reviewed.
Councilmember Lynch moved to approve the Minutes as written and approval was
unanimous. The Minutes of the March 24, 2008 Budget Worksession
were reviewed. Mayor Cardinale noted that, in
the first paragraph, “Manage” should read “Manager”. Councilmember Lynch
moved to approve the Minutes as corrected and approval was unanimous. The
Minutes of the March 24, 2008 Regular Session were reviewed.
Councilmember Brittingham moved to approve the
Minutes as written and approval was unanimous.
Mayor Cardinale presented the report on the Closed
Session of March 24, 2008.
Ms. Cindy Stone, Director of the Office of Community Programs of the Department
of Housing and Community Development appeared before the Mayor and Council to
discuss the termination of the Cannery Village Infrastructure Block
Grant. Ms. Stone provided a brief history of the grant and the
circumstances leading to the termination. She indicated that the
Department would be happy to consider the project for future funding, based on
the readiness to proceed of the other components involved. In response to
questions from Mayor Cardinale and Councilmember Brittingham, Ms. Stone indicated that the project would be
eligible to re-apply. Discussion continued.
Ms. Bambary asked Ms. Stone if a proposed planning grant for the Multipurpose
Building would be eligible for application in the May 16, 2008 funding
round. Ms. Stone indicated that this type of grant could be submitted at
any time.
Rev. Butts spoke regarding his concern that New Covenant Ministries not be
negatively associated with this project.
Mr. Frank Gunion indicated that the delays had been a
result of delays in getting through the regulatory process, but that this was
close to completion and that BCDC was attempting to secure the funding sources
in time for the May 16 deadline. Mr. Don Bibb of the Talbot County Housing
Authority outlined the steps which had been taken thus far. Discussion
continued.
Mayor Cardinale presented a Request for a Special One
Day Permit for the Boggs-Disharoon American Legion
Post 123 for June 1, 2008. Councilmember Brittingham
moved to approve and approval was unanimous.
Mr. Gaskill read Proclamation 2008-06 designating
April as Fair Housing Month. A representative of the Community Housing
Resource Board (CHRB) was present to describe the local housing needs and to
thank the Mayor and Council.
Mr. Mike Franklin, CEO of AGH appeared before the Mayor and Council to request
a donation of $50,000.00. Mr. Franklin gave a presentation outlining the
strides taken by AGH in the past 15 years. Mr. Franklin indicated that the
total that the Foundation needed to raise was
$700,000.00 and that they were making similar requests of Snow Hill, Ocean City
and Pocomoke. Discussion followed. It was noted that the Council
would not be able to make a decision regarding this issue until final review
and acceptance of the FY09 Budget.
Mayor Cardinale introduced Ms. Heidi Butler of
Boomer’s Restaurant who was appearing before the Mayor and Council to discuss
charges and activities associated with the re-opening of the Restaurant after
she took ownership. Specifically, there were questions regarding the grease
trap for the restaurant and the number of times that inspections/site visits
were done.
[END TAPE 1, SIDE 2]
Lengthy
discussion followed. The issue was tabled pending discussion with the
engineer.
Mr. John Ross of the Infrastructure Committee appeared
before the Council to discuss that group’s recommendations based on the Army
Corps of Engineers Report. Mr. Ross indicated that preliminary review
indicated a variety of solutions and that further professional review was
needed before final determinations of action could be made.
Mr. Eddie Lee, Mr. Gabriel Purnell, and Pocomoke
Mayor Michael McDermott appeared before the Mayor and Council to discuss the
Worcester County African-American History Project. Mr. Lee described the
initiative for this project. Mr. Lee indicated that the estimate to do
the research needed to begin this project was approximately $60,000.00 and that
each of the four municipalities was being asked to contribute $13,650.00.
Mr. Purnell reminded the Council of an “African-American
History” brochure which had been produced several years ago and of other
African-American History events and activities which had been undertaken over
the last decade. Mayor McDermott spoke regarding the economic/tourism
component of the proposed project. Discussion followed. Councilmember Brittingham made a motion to commit to support the project,
but noted that the Council would not be able to make a decision regarding this
issue until final review and acceptance of the FY09 Budget. Approval was
unanimous.
Ms. Bambary presented a recommendation to write-off Invoice 20448 to Margaret
Newton in the amount of $10.00. Councilmember Burrell moved to approve
the write-off and approval was unanimous.
Ms. Bambary presented the Administrative Directors report. In addition to
the Purchase Orders listed in the report, P.O. #51978 to Worcester County
Sheriff in the amount of $2,074.06 for overtime (grant reimbursable) was also
presented.
[END TAPE 2, SIDE 1]
Following
discussion, Councilmember Lang moved to approve all of the P.O.’s as presented
and approval was unanimous.
Ms. Bambary continued with her report, providing updates/status reports on
several issues. Discussion followed regarding the Historic District
Commission’s planned meeting and public hearing regarding the expansion.
Ms. Bambary continued with her report.
Ms. Bambary brought the Mayor and Council’s attention to a letter from ShoreUp! regarding the submission
of a Community Development Block Grant Planning Grant application for the
Multi-purpose Building. Following brief discussion, Councilmember Lang
moved to approve preparing an application. The motion passed 4-0-1 with
Councilmember Burrell abstaining. It was noted that the final application
would be submitted to the Council for approval prior to submission.
Mayor Cardinale indicated that Ms. Joyce Cottman had elected not to renew her term on the Parks
Commission and requested the Council’s approval in appointing Mr. Mike
Wiley. Councilmember Burrell moved to approve the appointment and
approval was unanimous.
Having completed the items on the Agenda, Mayor Cardinale
asked for comments from the Council. Councilmember Brittingham
brought the Council’s attention to correspondence from Ms. Barbara Johnson of
Decatur Farms regarding the Treatment Plant. Councilmember Brittingham asked if consideration could be given to
addressing her concerns during the upgrade of the plant. Discussion
followed.
Councilmember Lynch asked about the status of filling the Deputy Administrative
Director and Planning Superintendent positions. Ms. Bambary indicated
that interviews were scheduled.
Hearing no further comments from the Council, Mayor Cardinale
asked for questions from the public. Hearing none, he asked for comments
from the press. Hearing none, Mayor Cardinale
asked for a motion to adjourn. Councilmember Burrell so moved and the
meeting was adjourned at 9:30 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects Administrator
COUNCIL MINUTES
Monday, April 28, 2008
Note: The recording of this meeting begins immediately following the
Budget Work Session on the same audiotape.
The Meeting of the Mayor and Council for Monday, April 28, 2008 was called to
order by Mayor Cardinale at approximately 7:20 PM. Councilmembers Brittingham, Lang,
Lynch and Williams were present, as well as Administrative Director Linda
Bambary. Town Attorney David Gaskill and Chief
of Police Arnold Downing were also present. Councilmember Burrell was
absent.
Following the recitation of the Lord's Prayer and Pledge of Allegiance, Mayor Cardinale wished Councilmember Burrell a speedy recovery
from his recent heart attack. The Minutes of the April 14, 2008 Executive
Session were reviewed. Councilmember Lynch noted that, in the first
paragraph, “advice” was misspelled. Councilmember Lang moved to approve
the Minutes as corrected and approval was unanimous (4-0-0 with Councilmember
Burrell absent). The Minutes of the April 14, 2008 Budget Worksession were reviewed. Councilmember Brittingham moved to approve the Minutes as written and
approval was unanimous. The Minutes of the April 14, 2008 Regular Session were
reviewed. Councilmember Lynch moved to approve the Minutes as written and
approval was unanimous.
Mayor Cardinale presented the report on the Closed
Session of April 14, 2008.
Mayor Cardinale introduced Proclamation 2008-10
designating May 2008 as “Click-It or Ticket Month”. Mr. Gaskill read the Proclamation in its entirety.
Mr. Jesse Turner appeared before the Mayor and Council to request services for
a special event scheduled for Monday, May 26, 2008 for Memorial Day.
Councilmember Brittingham asked if the services were
essentially the same as requested in prior years and Mr. Turner indicated that
they were. Councilmember Brittingham moved to
approve the request as presented and approval was unanimous.
Mr. Ron Facello appeared before the Mayor and Council
to discuss the maintenance of the ditch at 400 William Street. Mr. Facello indicated that there was standing water in the
swale due to overgrowth of vegetation and that he had met with Acting
Superintendent of Public Works Wendell Purnell to
discuss this matter. Discussion followed regarding the responsibility of
maintaining the ditch. Ms. Bambary indicated that Town Code indicated that it
was the property owner’s responsibility unless the Mayor and Council voted to
include it in the overall Town ditch system. Mayor Cardinale
indicated that he would raise the issue with the Infrastructure Committee.
[END TAPE 1, SIDE 1]
Discussion
continued.
Ms. Bambary brought the Mayor and Council’s attention to the
letter from Davis, Bowen & Friedel regarding the
discussion at the last Council Meeting about the grease trap at Boomer’s
Restaurant. There were also a number of other items of correspondence and
other documentation regarding this matter. Mr. Josh Taylor of Davis, Bowen
& Friedel was present to discuss the issue.
Lengthy discussion followed regarding the history of this situation and steps
that may be taken to avoid the situation in the future. Discussion also
followed regarding ways to ensure compliance with standards and continued
maintenance of grease traps. Councilmember Williams moved to direct Ms.
Bambary to write the owner a letter explaining that Council consensus was that
the charges were legitimate and payable.
Ms. Bambary presented a recommendation that a tax amnesty
period be provided for past due 2005-2006 property taxes. She explained that a
combination of factors including staff changes and software issues were
believed to have contributed to the unusually high volume of unpaid taxes. Councilmember
Brittingham wanted the record to show, that, although
his property was on this list, the property in question had been purchased that
year and the deed stamped that taxes were paid. Following discussion,
Councilmember Lang moved to approve the 30-day amnesty period and approval was
3-0-1 with Councilmember Brittingham abstaining and
Councilmember Burrell absent.
Ms. Bambary presented the Administrative Directors report. Some
additional explanation of the P.O.’s to American Paving was provided.
Brief discussion followed. Councilmember Brittingham
moved to approve all the P.O.’s as presented and approval was unanimous.
Ms. Bambary continued with her report, providing updates/status reports on
several issues. Discussion followed regarding the Worcester County Water
and Sewer Comprehensive Plan.
Mayor Cardinale asked for clarification of the Water
Conservation Resolution and indicated that it was still in effect.
Mayor Cardinale indicated that Ms. Sue Beaman had expressed an interest in putting out a
newsletter for the Town.
Ms. Beaman, who was in the audience, expressed
appreciation to the Public Works Department for their recent pickup of some
yard debris.
Mayor Cardinale brought the Council’s attention to a
recent letter from AGH commending Finance and Operations Manager Joe Davis for
his assistance during a recent power outage.
Having completed the items on the Agenda, Mayor Cardinale
asked for comments from the Council. Councilmember Brittingham
indicated that some of the yards on Flower Street needed to have grass
replaced.
Councilmember Lynch asked about a boarded up house on S. Main Street which was
in disrepair and Ms. Bambary indicated that it would be a Code issue.
Hearing no further comments from the Council, Mayor Cardinale
asked for questions from the public. Mr. David Sylvester of 261 Powell
Circle indicated that he was trying to open a deli at the location known as the
Carriage House on Pitts Street, but was running into issues regarding the
EDU’s. Ms. Bambary explained the EDU allocation policy and related prior
conversations with Mr. Sylvester and Ms. Cam Bunting regarding this
issue. Ms. Bambary indicated that deviation from the policy
would require Mayor and Council approval. Discussion followed. Ms.
Bunting indicated that seven EDU’s had been assigned to the building when it
was in operation as a restaurant. Ms. Bambary indicated that seven EDU’s
had not been assigned.
[END TAPE 2, SIDE 1]
Discussion continued.
Ms. Bunting indicated that there was a signed license for 70 seats. This
point was questioned as this would not be a Town issued license and it was
unknown who would have issued this. Discussion continued.
Councilmember Lang indicated that the Town needed to discuss this with the property
owner. Mr. Gaskill indicated that he had
information from Mr. Mark Cropper who was representing the property owner and
from Ms. Bambary which he needed to review. Discussion continued.
Hearing no further comments from the Council, Mayor Cardinale
asked for questions from the public. Hearing none, he asked for comments
from the press. Ms. Nancy Powell asked Councilmember Brittingham
why he abstained from the vote on the tax amnesty issue and Councilmember Brittingham indicated that he did not feel that he should vote
because he was on the list of outstanding taxes.
Hearing no further questions or comments, Mayor Cardinale
asked for a motion to adjourn. Councilmember Lynch so moved and the
meeting was adjourned at 9:00 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects Administrator
The Meeting of the Mayor and
Council for Monday, May 12, 2008 was called to order by Interim Mayor Williams
at approximately 7:05 PM. Councilmembers Brittingham, Burrell, Lang and Lynch were present, as well as Administrative
Director Linda Bambary. Town Attorney
David Gaskill and Chief of Police
Following the recitation of
the Lord's Prayer and Pledge of Allegiance, Reverend Michael Moyer of
Mayor Williams spoke
regarding assuming the office of Interim Mayor and the immediate future of the
Town.
The Minutes of the April 28,
2008 Executive Session were reviewed.
Councilmember Lang moved to approve the Minutes as written and approval
was unanimous. The Minutes of the April
28, 2008 Budget Worksession were reviewed. Councilmember Brittingham
moved to approve the Minutes as written and approval was unanimous. The Minutes
of the April 28, 2008 Regular Session were reviewed. Councilmember Lynch moved to approve the
Minutes as written and approval was unanimous.
Mayor Williams reported on the Closed Session of April 28, 2008.
Mr. Gaskill
explained the Mayor Succession, referencing Chapter 6, sec. 14 of the Town
Charter. Mayor Williams indicated that
he would have office hours on Friday afternoons. He encouraged the Council to nominate a
Vice-President who would be accessible.
Councilmember Lynch nominated
Councilmember Lang for the position of Interim Council Vice-President.
Councilmember Brittingham nominated Councilmember
Burrell for the position. Mayor Williams
called the motion. Councilmembers
Lang and Lynch voted in favor of Councilmember Lang. Councilmembers Brittingham and Burrell voted in favor of Councilmember
Burrell. Mayor Williams, citing
Councilmember Lang’s proximity to Town Hall during office hours, broke the tie
in favor of Councilmember Lang.
Mayor Williams recognized Mr.
Evan Newcomb, a student at
Mayor Williams asked for
public comments regarding the proposed Historic District Expansion. He encouraged citizen participation in this
matter and in the revisions to the Comprehensive Plan. Ms. Marge Coyman of
Mr. John Hughes, on behalf of
Mr. Daniel Fields of
Mr. Curtis Andrews of
Mr. Sandy Coyman
of
Mr. Pete Cosby of the
Planning Commission spoke regarding the role of the Comprehensive Plan in this
type of discussion and the need to establish standards for different areas.
Ms. McAllister, a
non-resident property owner, indicated her opposition to the expansion and the
placement of further restrictions on property owners.
Mr. Joe Ferster
of Bay Street indicated that he believed that some people may be reluctant to
speak out in public forums and that surveys may be helpful. He also indicated
that they might consider guidelines and suggestions rather than mandatory
restrictions.
Councilmember Lang suggested
getting the Comprehensive Plan in place before the Historic District
Expansion. Brief discussion followed.
Mayor Williams introduced Mr.
John Ross who was appearing on behalf of the screening committee for
Engineering Services for the upgrade and expansion of the Berlin Wastewater
Treatment Plant. Mr. Ross Explained the process which the proposals had
undergone. The unanimous recommendation
of the committee was to award the contract to URS. Discussion followed regarding upcoming phases
of the overall project. Councilmember
Burrell moved to approve the proposal for contract from URS at a not-to-exceed
amount of $458,800.00 and for permitting in the amount of $10,100.00. Approval was unanimous.
Mayor Williams asked Ms.
Bambary to explain the purpose of the Resolution and Public Hearing for the
Community Development Block Grant Application for
[END TAPE 1, SIDE 1]
Discussion continued regarding the budget. Discussion followed regarding the Town’s
concerns that, should this project fail to meet the spending threshold by the
next funding round in May of 2009, the Town would then be unable to make
application for Block Grant funding for the Wastewater Expansion project. Discussion followed regarding clarification
of the potential funding sources and the budget. Ms. Bambary asked what the impact would be on
the project if the Block Grant was not fully funded. Mr. Bibb indicated that there was a contingency
of $138,000. Ms. Bambary also asked if
CDBG would pay for impact and/or special connection fees. Mr. Bibb indicated that he did not know. Discussion continued regarding the difference
between the budget in this submission and in the last. Discussion continued. Councilmember Lang asked if they had spoken
to Cindy Stone of DHCD regarding this application. Mr. Gunion
indicated that he had spoken to her and that she had indicated that the major
obstacle was the construction financing.
He also indicated that he did not believe that the project could go
forward if the application was not fully funded and the contingency did not
make up the shortfall. Discussion
followed regarding how the actual homeownership program would work. It was clarified that the subrecipient
was the Housing Commission of Talbot County.
Discussion continued.
Councilmember Burrell indicated that he would have preferred to have the
application at this meeting regardless of its state of completeness. Discussion followed regarding the status of
the site plan.
Mayor
Williams opened the Public Hearing for Citizen Participation and Resolution
2008-01; Authorizing a Community Development Block Grant Application for the
Infrastructure to Support a Planned Unit Development of Forty-two (42) Single
Family Affordable Homes Known as “
Ms. Phyllis
Purnell spoke in support of affordable housing.
Mr. Bryan
Roberts, a local lender, indicated that he was working with Mr. Gunion on a lending package for this project and spoke in
support of affordable housing.
Mr. Gunion
spoke regarding the merit of the project.
Ms. Marge Coyman
spoke regarding Mr. Gunion’s success as a local
business person and her support of the project.
Ms. Bambary presented the
Citizen Participation information providing information on past uses of Block
Grant funds, information regarding available Block Grant funds and the
acceptable uses of these funds, and the proposed use of the current
application.
Mayor Williams closed the
public hearing.
Mr. Gaskill
read the Resolution in its entirety.
Councilmember Lynch asked for clarification of several items previously
discussed. She expressed her concerns
regarding the potential application for
Councilmember Burrell moved
to approve the Resolution and the Grant Application contingent on receipt of an
acceptable application including appropriate supporting documents by Wednesday,
May 14, 2008. Following brief discussion, Mayor Williams called the motion and
approval was unanimous.
Ms. Bambary brought the Mayor
and Council’s attention to a letter indicating the Mayor and Council’s support
for the project, allocation of ten (10) EDU’s and a 50% reduction of water and
sewer special connection fees. Councilmember
Brittingham moved to approve the letter and approval
was unanimous.
Mayor Williams asked Mr. Gaskill to explain the quitclaim deed to Sara D. Thompson
for the paper street known as
Mr. Fred Pierdon
appeared before the Mayor and Council regarding the ditch at Townes of Berlin
as discussed at a previous meeting. The
Committee had determined that the ditch was not part of the main ditch and was
therefore the responsibility of the property owner. Following brief discussion,
Ms. Bambary was directed to write to the property owner explaining this.
Mr. Pierdon
brought the Mayor and Council’s attention to a letter from Davis, Bowen & Friedel, Inc. regarding the evaluation of the US Army Corps
of Engineers Study. Mr. Bill Remington
of DBF was present and noted that the cost of evaluating Phase I of the study
was not indicated on the letter, and would be not-to-exceed $9,500.00. Discussion followed.
[END TAPE 1, SIDE 1 note: due
to technical difficulties, there is no 2nd tape of this meeting]
The recommendation was to prioritize the three worst
property areas according to the Corps of Engineers study. Those areas would be 1, 5, and 2 and would
include Gull Creek to Henry’s Green and
Ms. Bambary
presented, for information purposes, the FY2009 Sewer Department Budget.
Mr. Mark Prouty and Russ Tatman of URS
appeared before the Mayor and Council to present the Rates and Special
Connection Fees report and recommendations regarding the upgrade and expansion
of the Wastewater Treatment Plant. A
paper copy of that presentation is attached and incorporated into these minutes
upon adoption. Discussion followed
regarding the methodology and timing.
Ms. Bambary presented the
Administrative Directors report. In
addition to the Purchase Orders included in the report, P.O. #52066 to Security
Cameras Direct in the amount of $1,808.12 (line item 1200/4077) was
presented. Councilmember Brittingham moved to approve all the P.O.’s as presented
and approval was unanimous.
Ms. Bambary continued with
her report, providing updates/status reports on several issues.
Having
completed the items on the Agenda, Mayor Williams asked for comments from the
Council. Councilmember Lang asked if it
was legal to leave a boat trailer parked on the street. Chief Downing indicated that it was not
prohibited, but that he would look into the matter.
Councilmember
Burrell extended his appreciation for the flowers and cards he had received
during his recent illness.
Hearing no further comments
from the Council, Mayor Williams asked for questions from the public.
[note:
Tape 3 begins at this point]
Mr.
Damien Preziosi spoke regarding his concern that all
appropriate parties be involved in discussion regarding URS’ work. He also expressed his concerns that the
variables that went into URS’ estimates and the potential results to the users
be fully understood. Mayor Williams
indicated that the analysis would be as thorough as possible, but that the Town
needed to continue to move forward.
Mr.
Erik Quisgard indicated that he did not know this
issue was going to be discussed.
Councilmember Lang indicated that there was no effort to keep the
information from the public. Lengthy discussion
continued.
Hearing
no further questions or comments from the public, Mayor Williams asked for
questions from the press. Hearing none,
he asked for a motion to adjourn.
Councilmember Burrell so moved and the meeting was
adjourned at 10:40 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects
Administrator
The Meeting of
the Mayor and Council for Tuesday, May 27, 2008 was called to order by Interim
Mayor Williams at approximately 7:10 PM. Councilmembers
Brittingham, Burrell, Lang and Lynch were present, as well as Administrative
Director Linda Bambary. Town Attorney
David Gaskill, Chief of Police
Following the recitation of the Lord’s Prayer and the Pledge of Allegiance, the Minutes of the May 12, 2008 Executive Session were reviewed. Councilmember Brittingham moved to approve the Minutes as written and approval was unanimous. The Minutes of the May 12, 2008 Regular Session were reviewed. Councilmember Lynch moved to approve the Minutes as written and approval was unanimous. Mayor Williams reported on the Closed Session of May 12, 2008. Councilmember Brittingham moved to accept the report and approval was unanimous.
Mr. Gaskill read Resolution 2008-03; A resolution authorizing the submission of a CDBG Grant Application on behalf of ShoreUp! to provide for the planning phase of the replacement of the Multi-Purpose Community Building located at 130 Flower Street in the amount of $42,693.00. Mayor Williams opened the Public Hearing and asked Ms. Bohlen to come forward for the Citizen Participation portion of the Hearing. Ms. Bohlen provided information on past uses of Block Grant funds, information regarding available Block Grant funds and the acceptable uses of these funds, and the proposed use of the current application. In response to a question from Councilmember Lynch, Ms. Bohlen indicated that planning grants, unlike most Block Grant applications, could be submitted at any time. Councilmember Burrell indicated that ShoreUp! hoped to have approval within 30 days of submission. Hearing no questions or comments from the audience, Mayor Williams closed the Public Hearing. Councilmember Lang moved to approve the submission of the CDBG grant application and Resolution 2008-03. Approval was 3-0-1 with Councilmember Burrell abstaining.
Mr. Fred Pierdon and Mr. Troy Purnell, representing the Infrastructure Committee, appeared before the Mayor and Council to follow up on the discussion at the last meeting regarding the Davis, Bowen & Friedel, Inc. proposal to evaluate the US Army Corps of Engineers Study. Councilmember Lang initiated discussion regarding concerns about the committee’s lack of official status and therefore accountability to the public. Discussion followed regarding this issue. Discussion also followed regarding the possibility that Davis, Bowen, & Friedel would be duplicating work already done by the Corps of Engineers. In response to a question from Councilmember Lynch, Ms. Bambary recommended that the Town Staff work with the committee to bring a recommendation to the Mayor and Council. She stated her concern regarding the committee operating outside the official parameters of the Town, particularly regarding the allowance for public input. Following discussion, the Council asked that Mr. Chuck Ward, the new Superintendent of Planning be briefed on this issue and asked to work with the committee. Discussion continued. Councilmember Burrell suggested that, in light of the committee having been formed by the late Mayor Cardinale, the committee’s role now be redefined to meet the purposes of the current administration.
Councilmember Lang and Ms. Bohlen appeared before the Mayor and Council to present the FY09 CDMA Budget. She informed the Council that Ms. Jan Quick and Ms. Helen Tinsman had been re-elected to the Board of Directors at the Annual Meeting held on May 14, 2008. She presented the proposed FY 09 Budget which was approved by the Board at that same meeting. In response to a question from Councilmember Lynch, Ms. Bohlen indicated that the current year budget had a shortfall of approximately $400.00 and confirmed that the reserve fund which had been established some years prior had been exhausted. Councilmember Lang indicated that the Board had discussed raising license fees but had decided not to do so at this point. Following brief discussion, Councilmember Lynch moved to approve the Budget as presented and approval was 3-0-1 with Councilmember Lang abstaining.
Mayor Williams introduced, for first reading, Ordinance 2008-04; Amending the FY 08 Budget. Ms. Bambary reviewed the amendments. This Ordinance would be presented for approval at the June 9, 2008 Meeting.
Mayor Williams introduced, for first reading, Ordinance 2008-05; Adopting the FY 09 Budget. Ms. Bambary reviewed the proposed budget. This Ordinance would be presented for approval at the June 9, 2008 Meeting.
Ms. Bambary presented the Water and Sewer Use and Allocation Agreement for 23 EDU’s for Berlin Properties North, LLC for the Purnell Professional Center. Brief discussion followed. Councilmember Burrell moved to approve the Allocation Agreement. Approval was 3-0-0 with Councilmember Brittingham absent.
Ms. Bambary presented the Water and Sewer Use and Allocation Agreement for 37 EDU’s for Grainery, LLC for the Nelson Avenue Townes. Councilmember Lynch moved to approve the Allocation Agreement. Approval was unanimous.
Ms. Bambary presented the Water and Sewer Use and Allocation Agreement for 47 EDU’s for TPGP, LLC for Purnell Crossing Phase 1b. Councilmember Brittingham moved to approve the Allocation Agreement. Approval was unanimous.
Ms. Bambary presented the Water and Sewer Use and Allocation Agreement for 2 EDU’s for AGH Child Advocacy Center, 9714 Healthway Drive. Councilmember Brittingham moved to approve the Allocation Agreement. Approval was unanimous.
Mr. Gaskill read Resolution 2008-04 to amend the Town of Berlin design parameters, standard specifications, and details for the installation of water and sewer utilities and roadway construction projects. Water and Wastewater Director Jane Kreiter explained the revisions as presented.
[END TAPE 1, SIDE 1]
Ms. Kreiter continued. Brief discussion followed. Councilmember Lynch expressed concern that input from the public hadn’t been solicited. Discussion followed. Councilmember Lang moved to approve the Resolution as presented. Approval was 3-1-0 with Councilmember Lynch opposed.
Ms. Bambary presented the Administrative Directors report. In response to a question from Councilmember Lang, Ms. Bambary and Mr. Joe Davis explained the work proposed under P.O. 52052 to Electric Motor and Contracting. Lengthy discussion followed.
Councilmember Burrell moved to approve the purchase orders as presented. Councilmember Lynch asked Ms. Bambary if the P.O. to URS (#52118) would eventually be capitalized and Ms. Bambary indicated that it would. The P.O.’s were unanimously approved.
Ms. Bambary continued with her report, providing updates/status reports on several issues.
Mayor Williams brought the public’s attention to the work papers available regarding the initial drafts of the Town’s wastewater capacity management plan. He indicated that the various appropriate town staff, boards and others would have ample opportunity to review this prior to any decisions being made.
Having completed the items on the Agenda, Mayor Williams asked for comments from the Council. Councilmember Lang asked that Ms. Bambary and Ms. Bomar work to develop a fuel policy for Town vehicles.
Councilmember Lynch asked about the status of the Bruce house. Ms. Bambary indicated that she would check with staff for an update.
Councilmember Burrell asked about the status of two houses on Railroad Avenue. Ms. Bambary indicated that she would brief Mr. Ward on these issues.
Hearing no further comments from the Council, Mayor Williams asked for questions or comments from the public. Ms. Patricia Dufendach asked about the status of Comprehensive Plan Meetings. She also asked about the status of the information being on the Town website. Mayor Williams indicated that it was not available on line yet and that the meeting date had not been set.
Ms. Dufendach also commented that the stormwater management plan included “best practices” which should be incorporated by all citizens.
Hearing no further questions or comments from the public, Mayor Williams asked for questions from the press. Ms. Nancy Powell asked when the Town would hire a Finance Director. Mayor Williams indicated that advertising would begin as soon as possible.
Hearing no further questions or comments, he asked for a motion to adjourn. Councilmember Burrell so moved and the meeting was adjourned at 8:45 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects Administrator
The Meeting of
the Mayor and Council for Monday, June 9, 2008 was called to order by Mayor
Williams at approximately 7:05 PM. Councilmembers Brittingham, Burrell, Lang and Lynch were present, as well as Administrative
Director Linda Bambary. Town Attorney
David Gaskill, Chief of Police
Following the recitation of the Lord’s Prayer and the Pledge of Allegiance, the Minutes of the May 27, 2008 Executive Session were reviewed. Councilmember Brittingham moved to approve the Minutes as written and approval was unanimous. The Minutes of the May 27, 2008 Regular Session were reviewed. Councilmember Lynch moved to approve the Minutes as written and approval was unanimous. Mayor Williams reported on the Closed Session of May 27, 2008.
Mayor Williams asked Ms. Bohlen to come forward to present the Program Open Space Grant Applications. Ms. Bohlen presented the following four (4) applications:
1. Parks’ Planning – to develop a comprehensive Plan of the existing parks to include geographic data, physical features, existing facilities and potential future development. POS Funds: $22,500.00; Matching Funds: $2,500.00; Total Project: $25,000.00. Councilmember Brittingham moved to approve the submission of the application and approval was unanimous.
2. Decatur Park Nature Trail & Pond Picnic Area and Educational Signage – to establish a picnic area adjacent to the Trail & Pond and to enlist the services of an appropriate organization to identify flora and fauna at the Trail & Pond to create educational signage. POS Funds: $9,000.00; Matching Funds: $1,000.00; Total Project: $10,000.00. Councilmember Burrell moved to approve the submission of the application and approval was unanimous.
3. Decatur Park Replacement of Large Play Unit – to replace the 20+ year old large play unit at Stephen Decatur Park with a modern piece. POS Funds: $189,000.00; Matching Funds: $21,000.00; Total Project: $210,000.00. Ms. Bohlen explained that the dollar amounts were estimates; she expected the final quote at any time and, should the amount differ significantly, she would return with the amended application. Councilmember Brittingham moved to approve the submission of the application. Councilmember Lynch asked if the matching funds were budged and Ms. Bambary indicated that a budget amendment would be required. The motion was approved unanimously.
4. Decatur Park Fitness Trail Stations – to add fitness stations to the currently underway Scraptire Path. POS Funds: $27,000.00; Matching Funds: $3,000.00; Total Project: $30,000.00. Ms. Bohlen explained that, as with the playground unit above, this was an estimate. In response to questions from Councilmembers Lynch and Burrell, Ms. Bohlen explained the function of the fitness stations. Councilmember Lang moved to approve the submission of the application and approval was unanimous.
Councilmember Lynch asked Ms. Bohlen if she felt that the applications were likely to be approved. Ms. Bohlen explained that she felt it was very likely; the Town had never been turned down for a POS grant, but that it could be several months before the final result was known.
Mr. Gaskill read Resolution 2008-05 authorizing the submission of an application to the Maryland Main Street Program. Main Street Coordinator Michael Day appeared before the Mayor and Council to discuss the program and application. Mr. Day provided a history of the program in Berlin, which is conducted in partnership with the City of Pocomoke, and the purpose of the current application. Following brief discussion, Councilmember Brittingham moved to approve the Resolution and approval was unanimous.
In a deviation from the printed agenda Mayor Williams opened the Public Hearing for Ordinance 2008-04 establishing amending the FY08 Budget (note: the Ordinance was listed on the agenda as 2007-04 in error). The Ordinance was not read aloud. Mayor Williams opened the Public Hearing and asked for any questions or comments. Hearing none, he closed the Public Hearing. Councilmember Burrell moved to approve the Ordinance and approval was unanimous.
Mayor Williams the Public Hearing for Resolution 2008-02 establishing the Tax Rate for FY09. Mr. Gaskill read the Resolution in its entirety. Mayor Williams clarified that this Resolution held the Tax Rate at the current level and asked for comments. Ms. Barbara Johnson commented that property assessments were probably going to increase and commented on the economic difficulties facing many people.
Ms. Jenny Hall asked if her taxes would increase or decrease based on the value of her home being less at this time than what she paid for it.
Mr. Tim Schulte (sp?) spoke at length regarding the economy and fiscal responsibility of the town.
Mayor Williams addressed Mr. Schulte’s questions regarding the various challenges that the Town has addressed over a number a years and that the Town faces in the foreseeable future. Lengthy discussion continued. Mayor Williams addressed questions regarding impact fees, provision of town services, what steps citizens could take if they felt that their assessment was no longer reasonable and other related issues. Hearing no further questions or comments, Mayor Williams closed the Public Hearing. Councilmember Burrell moved to approve Resolution 2008-02 and approval was unanimous.
Mayor Williams opened the Public Hearing for Ordinance 2008-04 adopting the FY09 Budget. Mayor Williams asked Ms. Bambary to summarize the budget. Ms. Bambary noted that the actual numbers were unchanged from the first presentation of the budget and explained the methodology for different aspects of the budget figures. A member of the audience questioned the donation to AGH. Mayor Williams indicated that this was to assist with a major project and that the County and other municipalities were all participating. Hearing no further questions or comments, he closed the Public Hearing. Councilmember Lynch moved to approve the Ordinance as presented and approval was unanimous.
Ms. Bambary presented the Water and Sewer Use and Allocation Agreement for one (1) EDU for 10016 Old Ocean City Boulevard. Councilmember Lynch noted a numerical discrepancy in the body of the agreement and Ms. Bambary indicated that it would be corrected. Brief discussion followed. Councilmember Brittingham moved to approve the Allocation Agreement. Approval was unanimous.
Ms. Bambary presented the Administrative Directors report.
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In addition to the Purchase Orders listed in the report, the following P.O.s were presented:
#52213 to Berlin LLC for sub-station rent in the amount of $3,600.00 (5340/4060)
#52207 to University of Maryland for CAPWIN subscription in the amount of $1,500.00 (1200/4060)
Councilmember Brittingham asked if the sub-station rent was 100% reimbursable by grant and Chief Downing indicated that it was. Brief discussion followed.
Councilmember Burrell and Lang asked for brief clarification of #52178 which Chief Downing answered.
Councilmember Burrell asked if #52236 included installation and Ms. Bambary indicated that it did not.
Councilmember Brittingham noted that the replanted grass along Flower Street was not of good quality. Ms. Bambary indicated that she would look into the matter.
A member of the audience asked for clarification of #52192. Ms. Bambary indicated that it was obligated under the Town’s PCA agreement.
Councilmember Burrell asked how the determination for new computer equipment was made and Ms. Bambary indicated that it was made by the IT consultant.
Councilmember Burrell moved to approve the P.O.s and approval was unanimous.
Ms. Bambary continued with her report, providing updates/status reports on several issues.
Having completed the items on the Agenda, Mayor Williams asked for comments from the Council. Councilmember Lang commented that Public Works is working on cutting of the ditch banks, but had experienced delays due to the wet weather.
Councilmember Lynch asked for clarification on the status of a S. Main Street Property. She also asked if the Code Enforcement position was to be filled. Ms. Bambary indicated that that was the next position being considered.
Hearing no further comments from the Council, Mayor Williams asked for questions or comments from the public. Hearing none, he asked for questions from the press.
Hearing no further questions or comments, he asked for a motion to adjourn. Councilmember Burrell so moved and the meeting was adjourned at 8:10 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects Administrator
The Meeting of the
Mayor and Council for Wednesday, June 25, 2008 was called to order by Mayor
Williams at approximately 7:05 PM. Councilmembers Brittingham, Burrell, Lang and Lynch were present, as well as Administrative
Director Linda Bambary. Town Attorney
David Gaskill, Chief of Police
Following the recitation of the Lord’s Prayer and the Pledge of Allegiance, the Minutes of the June 9, 2008 Executive Session were reviewed. Councilmember Lynch moved to approve the Minutes as written and approval was unanimous. The Minutes of the June 9, 2008 Regular Session were reviewed. Councilmember Lang noted that, on page 2, paragraph 3, the word “opened” was missing from the reference to the Public Hearing. Councilmember Lynch moved to approve the Minutes as corrected and approval was unanimous. Mayor Williams reported on the Closed Session of June 9, 2008.
Mr. James Garrity presented the GIS Needs Assessment and Implementation report. He reviewed the components of the report and system and the ultimate goals in having and using the system. He also demonstrated some of the features. Mr. Garrity addressed questions throughout the presentation. Ms. Bambary spoke favorably regarding the accessibility of information heretofore inconvenient or impossible to obtain. Following the presentation, she presented P.O. #52225 payable to Mr. Garrity in the amount of $1,854.00 for tuition reimbursement. Councilmember Burrell moved to approve the P.O. as presented and approval was unanimous.
Deputy Administrative Director Rachel Bomar appeared before the Mayor and Council to present draft personnel policy changes to the Retiree Health Insurance, Vehicle Fuel Conservation and Military Leave policies. Ms. Bomar reviewed the draft Retiree Health Insurance policy. Councilmembers Burrell and Lynch asked for data regarding current employees’ retirement eligibility. Discussion followed regarding the particulars of this type of policy.
Ms. Bomar reviewed the draft Vehicle Fuel Conservation Policy. Mayor Williams asked if any means were available to track the impact of such a policy and perhaps offer incentive to the departments showing the greatest improvement. Ms. Bomar indicated that that had not been considered, but that she could investigate methods. Councilmember Lang suggested a wording change in sec. D. 4. from “Department Directors” to “Department Heads”. Councilmember Lang noted that Chief Downing had included a memo regarding use of Police Vehicles to and from work only and asked if a take-home vehicle policy existed for all departments. Discussion followed.
Ms. Bomar reviewed the draft Military Leave policy. She indicated that the primary purpose for reviewing this policy was to bring it into compliance with Federal Standards.
Following brief discussion, Councilmember Brittingham moved to approve the Fuel Conservation and Military Leave policies. Approval was unanimous.
Discussion of the Retiree Benefits Policy followed.
Ms. Lisa Long appeared before the Mayor and Council to request approval to hold a Live Long Fitness 5K run and 1K fun-run on August 30, 2008. Ms. Long reviewed the purpose of the event and the types of activities which would be associated with the event.
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Following brief discussion, Councilmember Burrell moved to approve the event and approval was unanimous.
Ms. Bambary presented the Administrative Directors report. In addition to the Purchase Orders listed in the report, the following P.O.s were presented:
#52142 to Intercoastal Trading for soda ash in the amount of $7,500.00 (3320/4049)
#52238 to Rathell Farm Equipment for parts in the amount of $1,185.44 (1320/4031)
#52339 to Big Wireless, LLC for the annual preventive maintenance and on-site emergency agreement in the amount of $2,500.00 (1200/4060)
Councilmember Brittingham asked for clarification of P.O. #52197. Ms. Bambary indicated that competitive pricing was obtained. Councilmember Brittingham asked if it was legal to give preference to local businesses when making purchases. Ms. Bambary indicated that the decision to purchase from a given business was the Council’s. Mr. Gaskill concurred that there was nothing in the Town Code to prohibit such a decision. Brief discussion followed.
Councilmember Brittingham moved to approve the P.O.s and approval was unanimous.
Ms. Bambary continued with her report, providing updates/status reports on several issues.
Mayor Williams thanked Councilmembers Burrell and Lang for their attendance at the prior day’s visit by Governor O’Malley to announce that Berlin’s Main Street Designation. He spoke briefly regarding the benefits of this designation to the Town.
Mayor Williams asked for comments from the Council. Councilmember Brittingham commented on the Maryland Municipal League Convention which had taken place from June 23 to 25 in Ocean City and noted that the Governor had spoken the previous evening and referred to “Beautiful Berlin”. Councilmember Lang recognized the efforts of the merchants in beautification. Mayor Williams indicated that he had very recently sent a letter to the merchants commending them on this effort.
Councilmember Lynch indicated that the Planning & Zoning Minutes were not up to Town standards.
Hearing no further comments from the Council, Mayor Williams asked for questions or comments from the public. Ms. Sue Beaman indicated that the last regularly scheduled BUC Meeting had been postponed and that she was unable to find out when the next one was scheduled. Ms. Bambary indicated that a worksession of the Mayor and Council and the BUC had yet to be scheduled, and that meetings of the BUC were scheduled for the third Tuesday of each month.
Hearing no further questions or comments from the Public, Mayor Williams asked for questions from the press. Mr. Tony Russo of the Bayside Gazette asked who would provide the $12,000.00 match for the Main Street Grant. Mayor Williams indicated that the Town would provide that funding.
Hearing no further questions or comments, he asked for a motion to adjourn. Councilmember Burrell so moved and the meeting adjourned at 8:20 PM.
Respectfully Submitted,
Mary T. Bohlen
Special Projects Administrator