MINUTES OF THE TOWN COUNCIL MEETING September 18, 2008

Transcription

1 MINUTES OF THE TOWN COUNCIL MEETING I. Gerald W. Donovan, Mayor, called the meeting to order at 8:00 p.m. In attendance were: Dr. Valerie Beaudin, Stewart Cumbo, Patrick Mahoney, Dr. James Parent and Bruce Wahl, Council Members, Michelle A. Jenkins, Town Administrator, Eric Blitz, Town Attorney, Leslie Porter, Town Treasurer, Sharon L. Humm, Assistant Town Clerk, Cheri Beard, Assistant Treasurer, Kathy Johnson, Receptionist, Wilson Cochran, Superintendent of Public Works, Jay Berry, Assistant Superintendent of Public Works and Dr. Richard Holler, Management Consultant. Absent were Barbara Jo Finch, Council Member and First Sergeant McDonough. II. Pledge of Allegiance. Mr. Wahl led the pledge of allegiance. III. Approval of the minutes of the August 21, 2008 Public Hearing and Town Council Meeting. MOTION: Mr. Mahoney moved to approve the minutes of the August 21, 2008 Public Hearing and Town Council meeting as written. Seconded by Dr. Parent, all in favor. IV. Consider approval of a Memorandum of Understanding with The Home Place between the Town and the State Highway Administration for the purpose of constructing and maintaining a storm drain. The Mayor and Town Attorney recused themselves and Mr. Wahl resumed the meeting and Richard Lloyd resumed as Acting Town Attorney. Mr. Wahl explained this Memorandum of Understanding. Bart Bartholomew had some concerns and questions with the Memorandum. MOTION: Dr. Parent moved to approve a Memorandum of Understanding with The Home Place between the Town and the State Highway Administration for the purpose of constructing and maintaining a storm drain. Seconded by Mr. Cumbo, all in favor. V. Consider approval of a proposal submitted by Homes By Les, Inc. to install pavers and landscaping at the Mears Avenue pump station in the amount of $14,950. Mr. Wahl explained this proposal. MOTION: Dr. Parent moved to approve a proposal submitted by Homes By Les, Inc. to install pavers and landscaping at the Mears Avenue pump station

2 Page 2 in the amount of $14,950. Seconded by Mr. Cumbo, 3 ayes from Mr. Cumbo, Mr. Mahoney and Dr. Parent. Dr. Beaudin opposed. The motion carried. Mayor Donovan and Town Attorney, Eric Blitz, resumed the meeting. VI. Petitions and Communications: A. Deputy s Report Corporal Wahlgren read the attached report. B. Public Works Report Mr. Cochran read the attached written report. Mr. Cumbo asked Mr. Cochran for an update on the status of the water pressure in Richfield Station. C. Code Enforcement Officer s Report- Mr. Watson read the attached report. D. Mayor s Report - 1. The Mayor requested confirmation of Mary Horsmon and Ron Draper to the Board of Elections. MOTION: Mr. Wahl moved to confirm the appointment of Mary Horsmon to the Board of Elections. Seconded by Dr. Parent, all in favor. MOTION: Mr. Mahoney moved to confirm the appointment of Ron Draper to the Board of Elections. Seconded by Dr. Beaudin, all in favor. 2. The Mayor announced that the deadline to file for office falls on a Saturday and that the Town Hall office would be open Saturday, September 20 th until 4:30 p.m. for anyone wishing to file. 3. The Mayor asked Mr. Cochran to elaborate on his meeting with KVAR. Mr. Cochran stated that he and the Town s electrical engineer, Paula Guffey, met with a KVAR representative and looked at the pump stations throughout town and the pumps at the water park. Mr. Cochran submitted a summary sheet showing an estimate of savings per month that the town would be saving with the installation of the KVAR EC System. The cost to install the units at the water park would be $16,000 and the cost to install the units at the pump stations would be $17,600. MOTION: Dr. Parent moved to approve the purchase and installation of the KVAR EC System for the water park in the amount of $16,000 to be funded by the Water Park Fund; and the pump stations in the amount of $17,600 to be funded by the Utility Fund. Seconded by Dr. Beaudin, all in favor.

3 Page 3 4. The Mayor stated that the Town will be voting in a new administration in November and to insure a smooth transition, Town Administrator, Michelle Jenkins, will be compiling a transition list consisting of, but not limited to, status on town projects, list of major financial obligations, future budgeted acquisitions and activities, orientation of town policies and procedures, list of town services, etc. Mr. Mahoney suggested that the Town Council Orientation packet from the 2000 election be updated for the new council coming in. VII. Resolutions & Ordinances A. Vote on Ordinance O-08-6, an Ordinance of the Town Council of Chesapeake Beach, Maryland, authorizing the Town to grant a Non- Exclusive License to Vicki Wade over a portion of the 16 th Street right of way and two unnamed alleys in or adjacent to Block 74 of the Chesapeake Beach Subdivision, for purposes of maintaining existing retaining walls, a parking pad, and a stormwater management device, subject to conditions to be set forth in a License Agreement. MOTION: Mr. Mahoney moved to permanently table Ordinance O- 08-6, an Ordinance of the Town Council of Chesapeake Beach, Maryland, authorizing the Town to grant a Non-Exclusive License to Vicki Wade over a portion of the 16 th Street right of way and two unnamed alleys in or adjacent to Block 74 of the Chesapeake Beach Subdivision, for purposes of maintaining existing retaining walls, a parking pad, and a stormwater management device, subject to conditions to be set forth in a License Agreement until which time the applicant can provide all of the required information. Seconded by Mr. Wahl, all in favor. B. Vote on Ordinance O-08-9, an Ordinance of the Town Council of Chesapeake Beach, Maryland, amending Section 5-112, Height Exceptions to Maximum Regulations, Chapter 50, Zoning Ordinance to provide for a one hundred foot maximum height for wind turbines that are placed on public property and owned or operated by a governmental body. The Town Attorney explained this Ordinance. MOTION: Mr. Wahl moved to approve Ordinance O-08-9, an Ordinance of the Town Council of Chesapeake Beach, Maryland, amending Section 5-112, Height Exceptions to Maximum Regulations, Chapter 50, Zoning Ordinance to provide for a one hundred foot maximum height for wind turbines that are placed on public property and owned or operated by a governmental body. Seconded by Dr.

4 Page 4 Parent, 2 ayes from Mr. Cumbo and Dr. Parent. Dr. Beaudin and Mr. Mahoney opposed. The motion failed due to a lack of a majority vote. C. Vote on Resolution R-08-1, a Resolution of the Town Council of Chesapeake Beach, Maryland, declaring the official intent of Chesapeake Beach to participate in the Maryland Municipal League Geocache Trail. Mr. Cumbo explained this Resolution. MOTION: Dr. Parent moved to approve Resolution R-08-1, a Resolution of the Town Council of Chesapeake Beach, Maryland, declaring the official intent of Chesapeake Beach to participate in the Maryland Municipal League Geocache Trail. Seconded by Dr. Beaudin, all in favor. VIII. Report of Officers, Boards and Committees: A. Planning & Zoning Commission There was a meeting held on September 9, B. Board of Appeals There was no hearing held. IX. Unfinished Business: 8-1 Ron Draper of 8193 Windward Key inquired about the status of the channel dredging. 8-2 Frank Santora of th Street inquired about the status on the fence belonging to Mary Francis Day. The Town Attorney stated that the Town is in the process of surveying fences throughout town and is looking to adopt a new ordinance establishing specifics for fence construction. X. New Business: 9-1 Consider approval to engage Talbot Energy Associates, LLC to perform a feasibility study for renewable energy at select locations in the Town in an amount not to exceed $35,000. The Mayor and Town Administrator elaborated on this proposal. The Town Attorney stated that the agreement would be modified to allow either party to, at any time, terminate the agreement with 10 days written notice and pay only for work performed and that the Town would receive monthly invoices. MOTION: Mr. Cumbo moved to approve engaging Talbot Energy Associates, LLC, to perform a feasibility study for renewable energy at select locations in the Town in an amount not to exceed $35,000 as modified to allow either party to, at any time, terminate the agreement with 10 days written notice and pay only for work performed and that the Town would

5 Page 5 receive monthly invoices. Seconded by Dr. Beaudin, all in favor. 9-2 Consider approval to award the Cox Road sewer line, Mears Avenue force main and Richfield Station force main extension to Drill-Tech, Inc. in the amount of $946,990 as recommended by Stearns and Wheler and the Town Engineer. Town Administrator, Michelle Jenkins, stated that the bid opening was held on September 4, 2008 and eight bids were received. After review, Town Engineer, Paul Woodburn, recommended awarding the contract to Drill-Tech, Inc. MOTION: Dr. Parent moved to approve awarding the Cox Road sewer line, Mears Avenue force main and Richfield Station force main extension to Drill-Tech, Inc. in the amount of $946,990 as recommended by Stearns and Wheler and the Town Engineer. Seconded by Mr. Mahoney, all in favor. 9-3 Phyllis Overstreet expressed her concerns about the sewer odor and backups that she is experiencing in her apartment. The Mayor instructed Mr. Cochran to meet with Ms. Overstreet concerning the matter. 9-4 Joseph Johnson stated that he would like to see someone police the election area and that he would like to have a town voter s list. 9-5 Bart Bartholomew stated that he would like a town voter s list. 9-6 Robert Elliott of 3900 East Chesapeake Beach expressed his concerns about the problem of vehicles running the stop sign at 27 th & D Streets. Also, Mr. Elliott feels that the stop signs do no meet the height requirement. 9-7 The Mayor expressed his best wishes to all the candidates running for office, his gratitude and appreciation to the Council, and his satisfaction with the town s financial shape as he leaves office. 9-8 Dr. Parent announced that there will be an open house held October 16, 2008, at 7:00 p.m. until 8:00 p.m. before the regularly scheduled council meeting to honor the Mayor for his many years of service. There being no further business, the meeting adjourned at 9:43 p.m. on a motion by Mr. Mahoney. Seconded by Mr. Cumbo, all in favor. Submitted by, Sharon L. Humm Assistant Town Clerk

6 PUBLIC HEARING MINUTES I. Gerald W. Donovan, Mayor, called the meeting to order at 7:55 p.m. In attendance were: Dr. Valerie L. Beaudin, Stewart B. Cumbo, Patrick Mahoney, Dr. James Parent, and Bruce A. Wahl, Council Members, Eric Blitz, Town Attorney, Michelle Jenkins, Town Administrator, Sharon L. Humm, Assistant Town Clerk, Leslie Porter, Treasurer, Cheri Beard, Assistant Treasurer, Kathy Johnson, Receptionist, Wilson Cochran, Superintendent of Public Works, Jay Berry, Assistant Superintendent of Public Works and Dr. Richard Holler, Management Consultant. Absent were Barbara Jo Finch, Council Member and First Sergeant McDonough. Ordinance O-08-6, an Ordinance of the Town Council of Chesapeake Beach, Maryland, authorizing the Town to grant a Non-Exclusive License to Vicki Wade over a portion of the 16 th Street right of way and two unnamed alleys in or adjacent to Block 74 of the Chesapeake Beach Subdivision, for purposes of maintaining existing retaining walls, a parking pad, and a stormwater management device, subject to conditions to be set forth in a License Agreement. The Town Attorney recommended that this Ordinance be permanently tabled due to the applicant not having the mitigation plan for the required plantings and that the applicant also needs to go to Planning and Zoning to get approval of the use of fees-in-lieu. There being no further comments, the hearing was closed on a motion by Mr. Wahl. Seconded by Mr. Mahoney, all in favor. Ordinance O-08-9, an Ordinance of the Town Council of Chesapeake Beach, Maryland, amending Section 5-112, Height Exceptions to Maximum Regulations, Chapter 50, Zoning Ordinance to provide for a one hundred foot maximum height for wind turbines that are placed on public property and owned or operated by a governmental body. The Town Attorney explained this Ordinance. Public comment was taken. There being no further comments, the meeting adjourned at 8:00 p.m. on a motion by Mr. Wahl. Seconded by Mr. Cumbo, all in favor. Submitted by, Sharon L. Humm Assistant Town Clerk