MAYOR AND COUNCIL OF FEDERALSBURG

REGULAR MONTHLY MEETING

MONDAY, OCTOBER 7, 2002

 

 

The regular monthly meeting of the Mayor and Council was held on Monday, October 7, 2002 at 7:30 p.m. in the Mayor and Council Meeting Room.  Those in attendance were Mayor Fluharty, Councilmembers Ballas, Bee, Happersett and Wheatley.  Also in attendance were local citizenry, staff, and a representative from the Times-Record.

 

Mayor Fluharty led the group in reciting the Pledge of Allegiance.

 

MINUTES

 

A motion by Councilmember Bee seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero approving the minutes of the September 3, 2002 Mayor and Council Regular Monthly Meeting.

 

LIBERTY ROAD – SPEED AND LOUD NOISE

 

Mr. Jack Reed and several concerned residents who reside on Liberty Road, were present expressing their concerns about the high rate of speed and loud noise on Liberty Road. The speeders are operating at speeds of 45 mph during both daytime and evening hours.   Mr. Steve Bollinger who also resides on Liberty road passed out a map of the area showing suggested sites that the police can sit to run radar.  The citizens were advised to contact the police department when they see the speeders and also get a tag number and report to the police.  Mr. Bollinger requested approval to run network lines between two homes across the street so he can wire a camera that can take pictures of the activities in the area.  The Mayor and Council said they would check to see if there was any reason he could not run the wires.  Chief Nagel gave the citizens the telephone number in the police car that is a direct line to the police department, which is 410-714-6200.  The police will work with the neighborhood to resolve the problem.

 

MARSHYHOPE CREEK SHORELINE REHAB PROJECT BID AWARD

 

Three bids were received for completing the design work for the Marshyhope Creek Shoreline Rehabilitation, Phase I Project north of Union United Methodist Church on the west side of the Marshyhope Creek.  The bids were as follows:

 

1.  Am Dyne Corporation                                             $7,100.00

2.  Bayland Consultants and Designers, Inc.                  $4,300.00

3.  John Huang and Associates, Inc.                              $5,490.00

 

The lowest bid was received from Bayland Consultants and Designers, Inc.  Dave Wilson with RC&D in Easton, the inspectors for this project are familiar with Bayland’s design work and believe they will provide competent work for the above lump sum price.

 

A motion by Councilmember Bee seconded by Councilmember Happersett and unanimously passed by a vote of five to zero to accept the bid from Bayland Consultants and Designers, Inc. in the amount of $4,300.00 for the Marshyhope Creek Shoreline Rehabilitation Project.

 

FEDERALSBURG INDUSTRIAL PARK SUBDIVISION PLAT

 

The Town has received an invoice from Davis, Bowen, & Friedel, Inc. in the amount of $743.75 for a subdivision plat for Lot #1 in the Federalsburg Industrial Park Expansion Area.  This subdivision plat was necessary to attract the Bottling Company to move into the Park facility.

 

The question is where the funds are to be drawn from to pay this invoice, Conway Gregory suggested via memo that the funds be taken from the Metal Systems Fund.  Since this fund is to be used for economic development and the subdivision plat was drawn to help promote economic development.   Conway Gregory also suggested in his memo, that if other subdivision plats must be drawn for the Industrial Park Expansion area, the funds to pay for these economic development expenses should also be drawn from the Metal Systems Fund.

 

A motion by Councilmember Bee seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero to take $743.75 from the Metal Systems account to pay Davis, Bowen, and Friedel for subdivision plat preparation for Lot #1 in the Federalsburg Industrial Park.

 

The Mayor and Council agreed that any further subdivision plat costs will be borne by the developer.

 

MARYLAND PLASTICS FIRE SUPPRESSION EQUIPMENT BID AWARD

 

The Town received a $300,000 grant from the Maryland Department of Business and Economic Development to assist Maryland Plastics, Inc. in upgrading their fire suppression equipment inside the new facility being constructed.  On October 3, 2002 at 3:30 p.m. bids were opened for completing this project.  One bid was received.  The bid was from Grinnell Fire Protection.  The bid was in the amount of $338,550.00.  It will be the responsibility of Maryland Plastics, Inc. to pay for any costs above the $300,000 grant.

 

A motion by Councilmember Ballas seconded by Councilmember Bee and unanimously passed by a vote of four to zero to award the bid in the amount of $300,000 to Grinnell Fire Protection for the Maryland Plastics Fire Suppression Project as follows:

 

Councilmember Ballas – Yea

Councilmember Bee – Yea
Councilmember Happersett – Yea

Councilmember Wheatley – Yea

 

Mayor Fluharty abstained from voting because his son works for Grinnell.  

 

 

MARYLAND PLASTICS SUBORDINATION AGREEMENT APPROVAL

 

A motion by Councilmember Wheatley seconded by Councilmember Ballas and unanimously passed by a vote of five to zero passing Resolution Number 2002-023, which approves the Deed of Trust Subordination Agreement for Maryland Plastics, Inc.  This would put the town in second position on the outstanding loan with PNC Bank.  This was approved by DBED via a letter from Celester Hall dated September 12, 2002. 

 

HEALTH MOBILE VAN TESTING

 

The Mayor and Council received a letter from Bonnie Lewis, RN, BSN, with the Caroline County Health Department advising that there has been an increase in Sexually Transmitted Diseases in the surrounding area and in Federalsburg.  The Caroline County Health Department partnering with Sisters Together in Reaching, Inc. would like to offer free testing at sites in the Federalsburg area.  Sisters Together in Reaching, Inc. would provide a mobile lab to offer free testing for Syphilis and HIV, as well as information to educate the community.  Four business owners have given permission for the van to be parked at their location as test sites.  The sites are Brownies Tire Shop, Lucky Corner, Inc., Federalsburg Garden Apartments, and S&S Market and Deli.   They requested the support of the Mayor and Council in this venture.  The Mayor and Council gave their approval, however, they recommended they be a little more discrete in the location of the van.

 

PUBLIC CONCERNS

 

Code Enforcement

 

The following code enforcement concerns were addressed:

 

103 & 105 University Avenue

 

Cary Malkus was asked to look at 103 & 105 University Avenue.  The grass and weeds are taller then permitted by the BOCA Code.  There is a new owner and Mr. Malkus is working with him the get the matter resolved.

 

310 East Central Avenue

 

Mr. & Mrs. Bill Haddaway addressed their concerns in regard to the debris in the back yard at 310 East Central Avenue, that is piling up.  Mr. Malkus was asked to monitor the work being done on the property so that it is completed in a timely fashion.

 

Mr. & Mrs. Bill Haddaway also addressed concerns about damage to their pavement being done by the heavy trucks that deliver gas and oil.  The trucks are Tri-Gas vehicles and Mr. Haddaway was advised to contact a representative at Tri-Gas to get his concerns addressed.

 

 

 

Landlord/Tenant Concerns

 

Mr. Mark McCready who resides at 202 Park Lane addressed his concerns to the Mayor and Council about the drugs, disturbances, and damage done to his property from the tenants who reside at the property next door to him at 205, 207, 209, and 211 Morris Avenue.  The property is a rental property and Mr. McCready feels that the Mayor and Council need to begin to revisit the issue of landlord/tenant leasing.  Mr. McCready stated that the tenants have damaged his property and there is nothing that he can do about it.  Mr. McCready stated that he has a right to quiet enjoyment and he doesn’t have that with the tenants next door.  He has called the police to the property several times.  The police have always responded quickly to his concerns.  He has had broken windows and his sidewalk has been damaged again. 

 

After much discussion the Mayor and Council agreed to revisit the landlord licensing program and have a draft prepared for the December 2002 regular monthly meeting.

 

DEPARTMENTAL REPORTS

 

POLICE REPORT

 

Chief Nagel issued the police report to the Mayor and Councilmembers.  The Chief stated that the town has been busy with activities most weekends. During the month of September there have been 44 arrests and 89 service calls.  The police officers have been working radar as much as possible.  Chief Nagel requested direction from the Mayor and Council on whether or not to block off the section of the alley behind the police station.  There are people that have been using town property to get to the back portion of their property.  The Mayor and Council allowed Chief Nagel to make the decision. 

 

Councilmember Wheatley expressed his concern for the safety of the children and adults that sit on the curb at the entrance of Routzahn Lane and East Central Avenue.  Heather Hutson stated she has telephoned the Board of Education, as well as, sent a letter addressing the same concerns.

 

The Mayor and Council agreed to send a letter to the Board of Education, Dr. Lorton and Dave Jones advising them of their concerns for the children at the bus stops.

 

Councilmember Wheatley also expressed his concerns for safety of the people that walk in the road where there is a sidewalk.  Chief Nagel stated the police officers have advised citizens to walk on the sidewalk and not the street for their safety.

 

Trick or Treat Hours

 

A motion by Councilmember Bee seconded by Councilmember Happersett and unanimously passed by a vote of five to zero that trick or treat hours would be from 5:30 p.m. to 7:00 p.m. on October 31, 2002 for children 12 and under.

 

 

 

PUBLIC WORKS DEPARTMENT

 

Steve Dyott, Public Works Director, reported the following:

 

1.      The yellow lines in town have been painted.

 

2.      The grant for the tractor is not quite enough for the purchase of a new one so he is looking into a used vehicle.  The tractor would be used mainly for cutting grass areas in the Industrial Parks and other deep ditch areas that can not be cut with a regular lawnmower.   If the town does not use the $15,000 grant then the monies would be returned. 

 

A motion by Councilmember Wheatley seconded by Councilmember Bee and unanimously passed by a vote of five to zero to purchase the tractor during the 2002-2003 fiscal year as follows:

 

$15,000 – Grant

$15,000 – Metal Systems Account because it will primarily be cutting grass in the Industrial Park area.  The $15,000 taken from the Metal Systems account will be budgeted for the FY2003-2004 Fiscal Year so that the monies can be returned back to the Metal Systems Account. 

 

3.      There was an emergency repair to the sewer line on Buena Vista Avenue.   This work was not budgeted in line item No. 6124424, therefore, the budget will need to be revisited during the fourth quarter to determine whether or not monies need to be transferred or cutbacks are necessary.

 

4.      Computer Replacement:

 

A motion by Councilmember Ballas seconded by Councilmember Happersett and unanimously passed by a vote of five to zero to expend the money for a replacement computer for the Public Works Director as follows:

 

$500.00     from Account # 1125280         Public Works Office Supplies

$497.50     from Account # 2123127         Water Other Expenses

$497.50     from Account # 6124429         Wastewater Other Expenses

 

5.      Judge Smith inquired, via a letter dated September 20, 2002, why the Mayor and Council

Could not install handicap curb, for handicap access, in front of Union Church on North Main Street.  Steve said the Public Works Department could not pour the sidewalk because they do not have the equipment.    The Mayor and Council requested that Steve find out what the cost would be to do a handicap ramp.

 

MAIN STREET MANAGER

 

Wendy Garner, Main Street Manager, reported the following:

 

1.      Habitat for Humanity house project at 322 Park Avenue is progressing.  Several local churches have been providing breakfast and lunch for the volunteers on Saturdays.  First Church of God will be hosting a Community Breakfast on October 12, 2002 from 8 a.m. to 10 a.m. as a fundraiser. 

 

2.      The next Federalsburg Historical Society meeting will take place on October 8, 2002 at 7 p.m.   Wendy thanked the Mayor and Council members that attended the Hobby Fair and Monument rededication ceremony.  There was a very good turnout for the first year and the Rededication Ceremony was successful.  The committee will critique the event and begin plans for next year’s Hobby Fair.  Wendy also thanked the Public Works Department for their support, especially Melvin Marshall for the monument resurfacing and mounting of the plaques.

 

3.      Several historical building reviews have taken place in Federalsburg coordinated and paid for by the Caroline County Historical Society.

 

4.      Caroline County Tourism Advisory Committee will meet on October 8, 2002 to review applicants for the part-time tourism director.

 

5.      The 9/11 Remembrance service was very well attended.   Members of the Federalsburg Police Department and Federalsburg Volunteer Fire Company were honored.

 

6.      A business meeting was held at the Town Office.

 

7.      Wendy attended the United Way Kickoff for this year’s fundraiser.

 

8.      Wendy attended the Downtown Institute’s Community Revitalization class on “Design”.  She will also be attending the “Promotions” class on October 21st and the “Organization” class on November 4th.

 

9.      The 3rd Annual Gray Smith Run/Walk for ALS was a success even though there were fewer participants than the past two years.

 

10.  A grand opening is scheduled for Mother’s Southern Kitchen on Saturday, October 12th at 5 p.m.  The Mayor and Council were invited to attend.

 

11.  George Jackson will be at Food Lion with the scrolls for signatures to send to the military personnel overseas for Christmas.

 

12.  Wendy is trying to collect stationary to send to the military personnel overseas.  They do not even have the luxury of stationary and if Federalsburg could do their part in helping the troops it would be appreciated.

 

 

 

 

Upcoming Events:

 

1.      The Federalsburg Hotspots Team will host “A Walk to Remember” on Friday, October 11th at 6 p.m. beginning at Chambers Lake.

 

2.      The 4th Annual Choptank District Cubmobile Race will be held Saturday, October 12th on West Central Avenue.  Registration begins at 9 a.m. and should end around 3 p.m.  Over 100 Cub Scouts are expected to participate. 

 

3.      VFW will host a flea market beginning at 8 a.m. and a tractor pull beginning at 10 a.m. on Saturday, October 12th.

 

4.      The FVFC and Twin Creek Cruisers Car Club is hosting a Car Show Sunday, October 13th from 12 noon to 4 p.m.   Food, music, crafts, door prizes, an auction, 50/50 and more with proceeds going to the Fire Company.

 

5.      November/December Newsletter deadline is Thursday, October 17th.

 

 

6.      The Blood Bank of Delaware/Eastern Shore will hold their Blood Drive on October 23rd from 12 noon to 7 p.m. across from the Town Hall.

 

PLANNING AND ZONING/CODE ENFORCEMENT

 

Steve Parks Update

 

Mr. Malkus advised in a memo to the Mayor and Council that Mr. Parks was given 30 days to improve his property.  As of October 4th, Mr. Parks has completed a majority of the improvements as indicated by the photographs taken during the last 30 days.  Mr. Parks requested on Wednesday, October 2, 2002 that he be allowed additional time to install siding on the front of his house rather than stain the existing T-111.  The pictures show five new windows and some old ones have been scraped and painted.  The improvements to be completed are as follows:  (1) Complete siding on the front of the house; and (2) Finish scraping and painting windows, soffit and fascia.   Mr. Malkus feels that substantial progress has been made and that, should the Mayor and Council extend the time for completion it should be for no longer than 2 weeks.  The municipal citations totaling $300.00 should be kept in place and be enforced should the work not be completed.  The Mayor and Council were in agreement with Mr. Malkus for the two-week extension.  Mr. Parks was advised that he just has to satisfy Cary Malkus, Code Enforcement Officer.

 

Councilmember Bee gave the following Planning and Zoning Update:

 

1.      A Public Hearing was held to accept comments and questions about the adoption of the Urban Renewal Plan as an amendment to the Comprehensive Plan.  There were no comments or questions from the audience.  The Commission unanimously agreed to adopt this Plan as an amendment to the Comprehensive Plan. Since the Commission is currently working on updating the Comprehensive Plan, the Urban Renewal Plan will be included and approved by the Mayor and Council when the final draft is approved during a Public Hearing.  The final draft is expected after the first of the year.

 

2.      Mr. David Battersby, 305 Liberty Road, requested assistance from the Planning and Zoning Commission regarding a minor subdivision plat.  Mr. Battersby recently purchased a piece of property that adjoins his existing residence, to construct an addition onto his home.  Mr. Battersby was misinformed that the wording of his deed during settlement of the property did not require him to complete a subdivision plat for the extinguishment of the adjoining property line.  The Federalsburg Subdivision Ordinance states that a minor subdivision plat is required.  Mr. Battersby agreed to have the subdivision plat completed, however, he was concerned about the mandatory 30-day waiting period required by Caroline County.  He cannot obtain the building permit for the addition until the subdivision plat is filed and he is concerned that inclement weather will set in before he can obtain the plat and have it signed.  The Commission agreed to allow Mr. Battersby to get his building permit and begin construction after the Town has received and signed off on his subdivision plat.  Mr. Battersby will be required to obtained the County signatures and return a completed copy of the plat to the Town.

 

3.      The Commission again discussed the mistake in the Zoning Ordinance referencing a C-2 District, and the location of Car-Wash and Bus Terminal facilities.  The Commission discussed this matter at great length, and agreed to do more research before making a final decision to create a C-2 District, or designate another district for the location of a Car-Wash and a Bus Terminal.

 

4.      The Commission has a vacant seat available and the following persons were suggested as possible members: (1) Janet Wheatley or (2) Scott Phillips.  A motion by Councilmember Ballas seconded by Councilmember Happersett and passed by a vote of four to zero appointing Janet Wheatley to the Planning and Zoning Commission to serve out the term of Doug Ramey.  Councilmember Keith Wheatley abstained from voting because Ms. Wheatley is a relative.  Scott Phillips will be considered when the next vacancy becomes available.  A letter will be sent to both.

 

ACTION ITEMS

 

SPIRIT OF CHRISTMAS

 

Wheatley’s Lawn Service will sponsor the House Decorating Contest.   The Mayor and Council agreed to allow the Santa Claus House to remain at the triangle.

 

PUBLICATION MADE NATIONAL NIGHT OUT

 

Councilmember Ballas advised that the Hotspots National Night Out was received in an article in a national publication.  Councilmember Ballas thanked Heather Hutson for all of her hard work, and she thanked the Federal Manor Apartment Complex for the donations they made and the time they allowed Mrs. Hutson in making the National Night out a huge success.

 

GRAY SMITH WALK/RUN

 

Councilmember Bee thanked everyone who participated, assisted or did anything in making the Gray Smith Walk/Run a great success.  He especially thanked the Public Works and Police Departments for all their assistance.

 

FEDERALSBURG INDUSTRIAL PARK EXPANSION RIBBON CUTTING

 

A ribbon cutting has been scheduled for Monday, October 14th for the opening of the Federalsburg Industrial Park Expansion and opening of the new road.  A motion by Councilmember Ballas seconded by Councilmember Bee and unanimously passed by a vote of five to zero that the Federalsburg Mayor and Council will not sell property to the Caroline Transfer Station located in the Federalsburg Industrial Park and/or the Federalsburg Industrial Park Site II.

 

CLOSED SESSION

 

The Mayor and Council held a closed session to discuss a real estate matter prior to the regular meeting in the Town Manager’s Office from 6:30 p.m. to 7:30 p.m.

 

CAROLINE RECYCLING & TRANSIT COMPANY

 

Caroline County Recycling and Transit, which is a new company that wants to locate in the new Federalsburg Industrial Park and erect a Transfer Station.

 

CANDIDATE FORUM

 

On October 16, 2002 at 7 p.m. at the Denton Elementary School, the Caroline County Mayor’s Association will host a candidate’s forum with the six candidates running for County Commissioner and the two candidates running for States Attorney.  All citizens were asked to attend.

 

MML LEGISLATIVE PROGRAM

 

Mayor Fluharty reported that the MML Legislative Program passed three items for this year as follows:

 

1.      Building State Government Relationships

2.      Protecting Municipal Resources

3.      Home Town Safety and Security

 

SMALL BUSINESS LOAN PROGRAM

 

A motion by Councilmember Ballas seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero approving Resolution No. 2002-22, which approves financing up to $90,000 from the town’s Revolving Loan Program to ShoreGood Water Company.  This is for the sale of the first lot in the Federalsburg Industrial Park expansion.

 

 

LITTLE MISS DELMARVA FIRE PREVENTION

 

Mackenzie Tull was selected as Little Miss Delmarva Fire Prevention for the Delmarva Region.  Miss Tull is the daughter of Mr. Kenneth and Mrs. Wendy Tull. 

 

CLOSED SESSION

 

A motion by Councilmember Wheatley seconded by Councilmember Bee and unanimously passed by a vote of five to zero to adjourn to a Closed Session after the regular monthly meeting to discuss a personnel matter.

 

ADJOURNMENT

 

A motion by Councilmember Wheatley seconded by Councilmember Bee and unanimously passed by a vote of five to zero to adjourn at 10:22 p.m.

 

 

Submitted by,

 

 

 

Shirley A. DeShields

Clerk/Treasurer