MAYOR AND COUNCIL OF FEDERALSBURG

REGULAR MONTHLY MEETING

TUESDAY, SEPTEMBER 3, 2002

7:30 P.M.

 

 

The regular meeting of the Mayor and Council of Federalsburg was held on Tuesday, September 3, 2002 at 7:30 p.m. in the Mayor and Council Meeting Room.  Those in attendance were Mayor Fluharty and Councilmembers Bee, Ballas, Happersett, and Wheatley.  Also in attendance were town staff, local citizenry, and Robert Greenleaf, Caroline County State’s Attorney.

 

The meeting was called to order by Mayor Fluharty, who lead the group in the Pledge of Allegiance.

 

MINUTES

 

A motion was made by Councilmember Bee seconded by Councilmember Happersett and unanimously passed by a vote of five to zero, approving the minutes of the August 5, 2002 Regular Monthly meeting.

 

OLD DENTON ROAD

STORM STREAM POLLUTION CONTROL PROJECT – BID AWARD

 

A motion was made by Councilmember Ballas, seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero, to accept the bid from Kenster Shoreline Improvements, Inc. in the amount of $34,681.00, for the Old Denton Road Storm Stream Pollution Project.

Conway Gregory advised the FY-03 approved budget request for this project was $5,000.00.  However, in a memorandum dated February 26, 2002, Conway requested that the $15,000 budgeted for this project in FY-02 be carried over into the FY-03 budget.  In reducing the Grants Department budget requests to help balance the Town’s operating budget, Conway trimmed this budget item to $5,000 in hopes there might be additional funds for this project.  This, however, was not the case with the current state budget and projected shortfall in state revenues.  For this reason, Mr. Gregory respectfully requested that the Mayor and Council allow this budgeted item to be increased from $5,000 to $9,482.75.  This request is predicated upon the assumption that one or more other grant funded projects may come in under the town’s cash match budget.  If this is the case, it will allow this item to be balanced at the end of the fiscal year.  If this does not happen, this issue of amending the budget can be addressed near the end of the fiscal year late in the spring of 2003.

 

RURAL DEVELOPMENT REQUEST FOR PREAUTHORIZED PAYMENT

 

In a letter dated August 26, 2002, Rural Development is requesting that the Town participate in their PreAuthorized Debit (PAD) Program.  Rural Development has implemented a new, expanded, easier method for making loan payments.  The PAD payment process eliminates the need to write a check saves the expense of mailing the payment and allows the certainty of when the payment will be applied.   The PAD process is a payment method in which the Town would authorize funds to be withdrawn electronically from the Town’s bank account on the exact day that the installment is due.  The town currently has four loans with Rural Development.   The town has been advised by Rural Development representatives since the town has an existing loan/grant application on file with Rural Development the town would be required to go to the PAD System with any new loans and at that time would then be required to go with the PAD System on all the existing loans.

 

By unanimous consensus, the Mayor and Council agreed not to do the PAD Process until such time that we receive additional monies from Rural Development.  The reason for this decision was based upon the fact that the Mayor and Council do not approve access to the Town’s financial accounts by other agencies.

 

PROCLAMATION FREEDOM’S ANSWER DAY

 

A motion was made by Councilmember Bee, seconded by Councilmember Happersett and unanimously passed adopting Proclamation No. 2002-020, proclaiming September 16, 2002 to be FREEDOM’S ANSWER DAY.  This primary goal of the Freedom’s Answer campaign is to produce the largest voter turnout in an off-year election, to show the world that American democratic principles and ideals won’t succumb to terrorist activities.

 

A DAY OF REMEMBERANCE PROCLAMATION

 

A motion was made by Councilmember Bee, seconded by Councilmember Happersett and unanimously passed Proclamation No. 2002-021, proclaiming September 11th as a day of memorializing, and eternally remembering the men, women, and children who suddenly died without cause, on that tragic day.

 

GRAY SMITH ALS WALK/RUN

 

Councilmember Bee advised that over the last two years, of the ALS walk/run has raised over $40,000 and he encouraged everyone to take a part in the walk/run again this year.  The cost to register early is $15.00 and $20.00 if you register the day of the race.  The race/walk will be held on Saturday, September 28, 2002 at the marina.

 

PUBLIC CONCERNS:

 

Neighborhood Watch Night Out

 

Heather Hutson, Manager of Federal Manor Apartments, thanked the Mayor and Council, Federalsburg Police Department, Public Works Department, Betty Ballas, Betty Happersett, local businesses, Wendy Garner for all their help and support with the 2nd Annual Neighborhood Watch Night Out.   Mrs. Hutson gave a special thank you to Councilmember Betty Ballas for all the support and hard work she brings to the annual event.  She stated that there was only one draw back, which was there was no advertisement of the event in the paper.  She said Kent Smith  attended the event and there was only one picture with a small caption in the paper that told about the entire event.  Mrs. Hutson has sent a letter to the newspaper and solicited the support of everyone to help Wendy Garner, Main Street Manager, get better participation for municipal events.  The Mayor and Council thanked Heather Hutson and Federal Manor Apartments for all their help and funding of the Neighborhood Watch Night Out. 

 

Greenridge Road/Vernon Avenue

 

Mr. Timothy Foley came before the Mayor and Council asking for their help with speeders on Greenridge Road and drug deals, littering and excessive traffic at the corner of Greenridge Road and Vernon Avenue.    His main concern was with the speeding because there are several children in the area and he is concerned that someone may get hit by a vehicle.  He said there are drug deals, open liquor, and public urinating in the area.  He has talked with Chief Nagel and there is only so much the police can do.   Therefore, he is soliciting the support of the Mayor and Council.  He said during the past month the traffic has increased in the area.  People are open with what they are doing.  He personally has gone over to vehicles and asked them to turn down their loud music to no avail.   He wants something done before someone gets hurt.  There are older people in the area and he is voicing concern for them. 

 

Mr. Foley was advised that Chief Nagel brought this concern to the Mayor and Council at last month’s regular monthly meeting and recommended speed bumps, which may cut down on the speeders.  However, speed bumps make it bad for all the residents.  Mr. Foley stated that the speeders have been fined, however, they go to court and nothing happens but a fine and they are back on the street.  Robert Greenleaf, Caroline County States Attorney, advised Mr. Foley to give him the name of the persons he was referring to and he would check into the case.  Mr. Greenleaf also stated the town might want to contact Denton Police Department because they have purchased video cameras for surveilance. They purchased three cameras, two monitors and a DVD recorder with Hotspots money and Mr. Greenleaf thought that the cost was approximately $20,000.  They were using these cameras to make their cases in court.   This is giving the edge back to the citizens.  Heather Hutson stated the police could purchase the equipment with the HUD grant money that Federal Manor has.  Councilmember Ballas, who is also Federalsburg’s Hotspots Coordinator, will contact Denton to take a look at their system.  Heather also stated that if the Police Department were to conduct more surveilance in the Greenridge Road and Vernon Avenue, then the HUD Grant could also pay for some of the overtime. 

 

The Mayor and Council authorized increased police patrols on Greenridge Road and Vernon Avenue.

 

In other areas of town, Heather Hutson stated she has witnessed people on the Hike and Bike Trail under the bypass smoking and she detected the odor of drugs.

 

Steve Parks 

 

Mr. Parks advised that he has taken the heavy equipment from his property to Curtis Andrew Sale Barn and he is in the process of repairing his fence.  Mr. Parks requested a sixty (60) day extension to complete the repairs to his home.  Since this has been going on for several years the Mayor and Council agreed to an extension of thirty (30) days.  Mr. Malkus stated Mr. Parks has made promises over the six months to make the necessary repairs and from March 29th to August 28th there has been very little change to the property.  Mr. Malkus said he has pictures that will back up what he has stated.   Cary Malkus, Code Enforcement Administrator, will meet with Mr. Parks and advise him of the items that need to be completed in the 30 days and they should be done to the Code Administrator’s satisfaction.  Mr. Malkus will report back to the Mayor and Council on Mr. Parks’ status at the October regular monthly meeting.

 

Anything Goes Day 50/50 Drawing

 

Chief Nagel drew the ticket for the 50/50-Anything Goes Raffle.  The winner was Linda Breeding, Concord Road, Seaford, Delaware.   

 

DEPARTMENTAL REPORTS:

 

Police Department

 

Chief Nagel reported all the events went well for the month of August.  The number of arrests was up for the month of August.  William Hering asked Chief Nagel if there were any police concerns regarding parking at 202 South Main Street.  Chief Nagel advised he would work with Mr. Hering in regard to the parking situation.

 

Steve Parks advised that Police Caution tape should be placed where they are rehabbing the radio station, because there are children playing in the area.

 

Public Works Department

 

Steve Dyott, Public Works Director, reported the following:

 

1.      Public Works will be pouring hot mix this week.

2.      The streetlights in the Federalsburg Industrial Park have been repaired.  There was a lighting strike that had burned up some of the wires.

3.      Steve reported that the State of Maryland has a level 2-drought restriction in efect.  He reported that the town did have about six inches of rain, which will help the grass grow, but it is still well below the town’s normal level.

4.      There are some improvements being made in the marina.  The town has received a grant and public works is in the process of installing lights in the bathrooms, a light for the flagpole, new planking on the dock, and sealer on the parking lot over the next two months.

 

Steve Dyott, Public Works Director, asked the Mayor and Council to think about which street/road the Mayor and Council would like to pave during this fiscal year.  The Mayor and Council requested Mr. Dyott to prioritize the streets so that they can make a decision.

 

The State of Maryland has imposed a water ban.  Steve Dyott reported that the water at the car wash on Old Denton Road was turned off because they are not suppose to be operating unless they recycle 40 percent of their water, or they are reducing their usage by 10 percent.  The Town does not have current telephone number for the owner, however, Mr. Dyott will continue to try to contact the owner to advise him of the water ban situation.  Susan Runnels questioned if the ban ment that they could not wash down the senior league ball field.  Mrs. Runnels was advised the ban would prohibit them from washing down field. 

 

Steve Dyott was asked to find out who owns the ditch behind the Koski warehouse in the Caroline Industrial Park.  The grass has grown up in the area, which is creating a visibility problem for traffic.  Donald Nagel and Cary Malkus were asked to determine what could be done.

 

Mrs. Susan Runnels questioned when the ladder at the marina would be repaired or replaced.  She said there is a board busted and she is concerned that someone may get hurt.  She asked if the ladder could is not replaced, would the town at least replace the busted board?  Steve Dyott said he would check the ladder.  Mrs. Runnels also voiced her concerns about theVFW Marina Boat Ramp and thework that needs to be done to make repairs.  She was advised that this work would be done in the spring of 2003.

 

Heather Hutson questioned who was responsible for locking the bathroom doors at the marina.  She said the doors were open on September 3rd.  Mrs. Hutson was advised that the police lock the bathroom doors and that Chief Nagel would be advised that they were not locked.

 

Councilmember Bee thanked the Public Works Department for taking care of the washout on Reliance Avenue in a timely fashion.

 

Steve Dyott advised that he received an estimate cost of $300 to move the Santa Claus out of the triangle and $300 to move it back during the Christmas Holiday.  The building is not made to be moved from place to place and it would not hold up very long.  There were several options discussed regarding where to locate the Santa Claus House and what to do with it, if the Town decides to keep in the same location at the triangle.  The Mayor and Council discussed three options in regard to the Santa Claus House: (1) Move the house back and forth; (2) Move the house one time; or (3) Decorate the house so that it is pleasing to the eye with shrubbery, etc. 

 

A motion by Councilmember Happersett seconded by Councilmember Ballas and unanimously passed by a vote of five to zero to allow the Santa Claus House to remain located at the triangle off West Central Avenue and to decorate around it with shrubbery and make it more pleasing to the area. 

 

Main Street Manager Report

 

Wendy Garner, Main Street Manager, reported the following activities for the month of August 2002:

 

ü      The next YMCA Founder’s Campaign Committee meeting is scheduled for Sept 12th.  Current pledged total is $96,042.  Wendy said she hopes the location of the YMCA will be announced at the October Meeting. 

 

ü      The progress report for Habitat for Humanity house project at 322 Park Avenue – exterior and interior wall framing complete; next Saturday building of the roof frame will begin.  Foundation work will begin soon on the site next door to this property.

 

ü      The September/October 2002 issue of Town of Federalsburg Newsletter is completed and has been distributed.

 

ü      The next Federalsburg Historical Society meeting will take place on September 10th.  The organization is preparing to submit Articles of Incorporation.  Research is being done for a Historical Marker in Town, possibly between the East Central Avenue bridge near the Marshyhope Creek and Charles Long’s office where sign lists it as the first parcel of land deeded in this area.  The organization is also sponsoring the Hobby Fair and Hobby Monument rededication on Saturday, October 5th at Federalsburg Elementary School.  Wendy has been doing research on the Hobby Fair from the 1930’s and the dedication ceremony in 1934 and she hopes to prepare a Program.  They encourage anyone with collections or hobbies to display their items.  Public Works restorating the Monument and will reattach the cast bronze plaques and add a new one that is being produced for this year’s ceremony.

ü      The Caroline County Tourism Advisory Committee will be interviewing a number of applicants Thursday for a part-time position.  We have received the brochure rack and most of the slots have been filled.  Wendy has requested other information for inclusion.  The Caroline County Accommodations Brochure has been completed and distributed; this includes our two Bed & Breakfasts.

 

ü      The Blood Bank of Delaware/Eastern Shore will hold their Blood Drive on October 23rd from 12 to 7 PM across from Town Hall.  Mercantile Bank has graciously allowed the Bloodmobile to park in their lot beside the Town’s lot.

 

ü      The Federalsburg Guide to Town Services has been distributed to numerous Town locations for the public to pick up.  The Visitor’s Guide is being printed in house and has been distributed so far to several locations.

 

ü      Several things will take place in Town on September 11th  in memory and honor of last years’ 9/11 events: the church bells will ring at 8:45 AM in memory of the time the first plane hit the World Trade Center last year and at 10:30 the Fire Alarm will go off in memory of the second Tower’s collapse.  Numerous churches will be open from noon to 1 PM in the event people would like to go somewhere quiet to reflect.  From 7 to 8 PM, there will be a Remembrance Service at the Fire Hall to honor those who lost their lives a year ago and to pay tribute to those who serve our community today - The Federalsburg Police Department and VFC.

 

ü      A Business Meeting is planned for September 18th from 7:30 to 9 A.M. at the Town Hall.  J.O.K. Walsh and the Caroline Economic Development Corporation have been invited to speak besides those listed on the agenda.  Letters have been sent or delivered to all known area businesses.

 

ü      A new business has planned a grand opening on Thursday, September 5th.  CPK Kids is a thrift shop for the entire family and will include furniture, household items, and clothing.  It is not a consignment shop.  The Ribbon cutting ceremony is to take place at 10 AM at 107 N. Main Street with Kent Smith to take photos.

 

ü      Wendy Garner also commended the Federalsburg Volunteer Fire Department for being very active in the community.  She said Federalsburg has the fastest response time for anyone in the county.

 

Planning and Zoning/Code Enforcement Update

 

Councilmember Bee, Mayor and Council liaison to the Planning and Zoning Commission, reported the following:

 

1.      There was a proposal by ShoreGood Water Company to open a new Water Bottling Company in the new expansion of the Federalsburg Industrial Park.  The Commission accepted this proposal based on the site plan presented. Bob Breeding, General Contractors, is the construction company and they hope to get started very soon.

 

2.      It was brought to the attention of the Commission that there was a mistake in the Zoning Ordinance.  On page 78, reference is made to the C-2 District, and there is no C-2 District.  This section references the location of bus terminals and car washes.  The Commission discussed this matter and considered changing it to put bus terminals and car washes in the ID-1 District.  The Mayor and Council requested recommendations from the Commission for them to review the C-2 District and give them their recommendations. 

 

3.      Mr. Doug Ramey, member of the Planning and Zoning Commission was sent a letter about his three consecutively missed meetings, and he was also asked to contact Kristy Marshall, Planning and Zoning Secretary, by the August meeting to advise whether or not he wished to remain a member of the Commission.  Since Mr. Ramey did not attend the August meeting the Commission will discuss possible suggestions for a new member at their next meeting.

 

4.      The Commission has scheduled a Public Hearing to receive public comment on the Urban Renewal Plan on Tuesday, September 24th, 2002 at 7 p.m.  The Commission requested that all members of the Mayor and Council attend, if possible.

 

5.      The Commissions next meeting has been scheduled for Tuesday, September 24, 2002 at 7 p.m.

 

ACTION ITEMS

 

Travel and Meal Policy

 

A motion was made by Councilmember Ballas, seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero, approving the Travel, Mileage and Meal Policy.

 

Fall Ball League

 

Mrs. Susan Runnels questioned who pays for the lights at the basketball court at the Federalsburg Marina.  She was advised that the town pays for the lighting at the basketball court.  She questioned why the town could not pay for the electric for the ball fields?  She advised that the electric is a large amount of their cost, which they have to pass on to the teams.  Mrs. Runnels was advised that this was part of the original agreement that the ballfields pay for the electric.  She was advised that the basketball court is open to the public.  The leagues have primary time at the ball fields.  Mrs. Runnels asked the Mayor and Council to consider reducing the deposit required or paying the full cost.  The Mayor and Council agreed to have Shirley check into this matter.

 

Planting Program

 

Councilmember Ballas reported Dave Wilson, from RC&D, Conway Gregory, Grants Administrator, and community service workers did marsh grass planting at the Marshyhope bridge where the shoreline was just completed nearest the East Central Avenue Bridge.

 

Character Development Program

 

Ms. Karen Hartz, Character Development Coordinator, sent a letter to the Mayor and Council advising that she is in charge of establishing a program in the County that will build character in young people by giving them the lessons and experiences they need to become healthy, moral and resilient.  She invited the Mayor and Council to attend the Character Leadership Council as a founding member.  Their first meeting will be held on Tuesday, September 24, 2002 at 10:00 a.m. in Room 110 of the Health Department.  The Mayor and Council appointed Councilmember Betty Ballas to represent the Mayor and Council.

 

Federalsburg Industrial Park Paving

 

Richard Colburn, Town Manager, reported a pre-construction meeting would be held at 2:30 p.m. on Friday, September 6, 2002 to discuss the paving of the Federalsburg Industrial Park Road Entrance.

 

Federalsburg Marina Bridge

 

Mayor Fluharty advised during the Federalsburg Volunteer Fire Departments Carnival at the Federalsburg Marina, he tried to get people not to drive over the bridge and they just kept ignoring the signs that are posted to enforce the 4000 pound limit or cars only.   Mayor Fluharty recommended that the bridge be closed to all traffic.

 

A motion was made by Councilmember Ballas, seconded by Councilmember Wheatley and unanimously passed by a vote of five to zero, to close off the Federalsburg Marina Bridge to all vehicle traffic until it has been repaired.

 

Closed Session

 

It was announced that the Mayor and Council held a closed session prior to the Mayor and Council regular meeting on Tuesday, September 3, 2002 from 6 p.m. to 7:28 p.m. to discuss  Real Estate and Personnel Issues.

 

ADJOURNMENT

 

A motion was made by Councilmember Wheatley, seconded by Councilmember Ballas and unanimously passed by a vote of five to zero, to adjourn at 10:00 p.m.

 

Submitted by,

 

 

 

Shirley A. DeShields

Clerk/Treasurer