City of Crisfield

Minutes for Public Meetings

Minutes for Regular Meeting: October 25, 2006

The Mayor and City Council met in regular session on Wednesday, October, 25, 2006 at 6:00 p.m. in the Tawes Museum.

PRESENT

Percy J. Purnell, Jr., Mayor
Raymond D. Anderson, Council Vice President
Roger R. Riggin, Jr., Councilman
Kimberly B. Lawson, Councilman
Barry Dize, Councilman
LaVerne Johnson, Councilwoman
Calvin Dize, City Manager
Joyce L. Morgan, Clerk-Treasurer
Robin R. Cockey, City Solicitor

Also in attendance; Valerie Swift, Secretary; Harold W. Frock, Sr., Superintendent of Public Utilities; Richard Lord, Superintendent of Public Works. See copy of attendance sheet.

Mayor Purnell called the meeting to order, opening with the Lord’s Prayer and the Pledge of Allegiance. Mayor Purnell went on to review the Agenda for this evening’s meeting.

APPROVAL OF MINUTES

Mayor Purnell requested approval of the three sets of Minutes from the meeting of October 11th with the necessary corrections from the set of the regular meeting and the Closed Meeting of October 18th.

Council Vice President Anderson made a motion to approve the minutes with the necessary corrections. Motion seconded by Councilman Riggin and carried unanimously.

APPOINTMENTS

REVEREND JULIUS THOMPSON appeared before the Mayor and City Council regarding the termination of Chief Bell. Rev.Thompson read a prepared letter to the Mayor and Council. He asked that Bell be reinstated and that the City update their Personnel Policy concerning the process used to terminate Department Heads. Rev.
Thompson requested that the Mayor and Council begin immediate negotiations with Bell. He also made reference to further protests, lawsuits, etc.

MR. MIKE RABASCO, HANDY’S INTERNATIONAL, appeared before the Mayor and City Council regarding their request to rezone Handy’s to Tourist Maritime. At this time, Council Vice President made a motion to approve the rezoning of the Handy property from I-2 to TM. Mr. Cockey advised the Mayor and Council that re-zoning procedure must be followed before rezoning could take place.

Mayor Purnell advised Mr. Rabasco that a public hearing would have to be scheduled and State Law process followed. Mr. Rabasco requested that the non-conforming use be allowed to continue, if the property is rezoned, as long as Handy’s is in operation.

Councilman Lawson made reference to providing a well balanced community with jobs and growth and advised that he would feel better if Handy’s looked for another area in the City for operation. He also commented that he is concerned about the perception that the Mayor and City Council don’t want jobs here. Councilman Lawson expressed his concern about replacing the 7 ½ acre industrial property somewhere else in the City. Mr. Rabasco noted that Handy’s wants to be zoned as others in the area.

MR. BOBBY GOLDSBOROUGH, SPOKESPERSON FOR THE CRISFIELD BUSINESSMEN’S ASSOCIATION appeared before the Mayor and City Council concerning the 1936 sewer line. Mr. Goldsborough read aloud a letter he had presented to the Mayor and Council, recommending that they accept the proposal from Annemessex Trading, LLC. He also advised that there were 144 signatures on this letter.

Mayor Purnell advised that after several meetings concerning the offers regarding 36 sewer, letters went out this morning to Shaw Development, LLC and Annemessex Trading Co.

First Session of Public Input

Mr. Lamount Potter made reference to law enforcement agencies in the area of the Housing Authority on October 13th and commented that he feels this is the only area that is being harassed.

Mr. Newell Volk thanked the Public Utilities department for continuing to flush the hydrant in his neighborhood.

Mr. Robert Hannan made reference to the Marina and asked for a definition of “Best for the City”. Councilman Lawson advised that this may have to be determined in court and advised that the best and highest use of a property pertains to economic value. Mr. Cockey advised that there is no definition and that it is at the discretion of the Mayor and Council.

OLD BUSINESS

Mayor Purnell made reference to the previous request from Mr. David Turco which had been deferred at the last meeting, due to the EDU Ordinance. Councilman Lawson made reference to the Ordinance’s determination that EDU fees would be applied for property outside of the City, also.

At this time, Councilman Lawson made a motion to approve the request from Mr. Turco for one EDU for parcel 821 on Stouty Sterling Road. Motion seconded by Council Vice President Anderson and carried unanimously.

Mayor Purnell made reference to the Impact Fee Ordinance which had been previously addressed. He requested that the Council pass the Ordinance and put it in place. Mayor Purnell advised that guidelines would be established and considered on a case by case basis. He advised that this ordinance gives the Mayor and Council the power to reduce impact fees.

At this time, Councilwoman Johnson requested a brief deference to allow her to review the Ordinance which was not in her briefing book.

Mayor Purnell went on to make reference to the lease of the Armory building for $1.00 per year. He advised that he has requested amendments to the lease from the State, allowing City Hall to use an office space as well as sub-lease an office to defray utility costs.

At this time, Councilwoman Johnson advised that she had reviewed the Impact Fee Ordinance. Councilman Lawson made a motion to adopt the revised Impact Fee Ordinance for first reader. Motion seconded by Councilwoman Johnson and carried unanimously.

Mayor Purnell made reference to three requests for waivers of fees;

Mr. Bauman at 37 Wynfall Avenue, requesting a waiver of impact and water and sewer hook-up fees
the Evangelical Christian Church, requesting a waiver of Impact and water and sewer connection fees, and
a request from the American Legion for a waiver of building permit fees for construction of a revetment and pier.

Councilman Lawson made reference to recusing himself from the last meeting during the Bauman issue. Mr. Cockey advised that as Mr.Bauman is repairing dilapidated property, his request would fit with the new Impact Fee ordinance provision, once it is passed.

The matter was tabled at this time.

At this time, Councilman Lawson made a motion to waive the Impact Fee at the Evangelical Church as it is a non-profit facility. Motion seconded by Councilwoman Johnson and carried unanimously.

Councilman Lawson then made a motion to not waive the water and sewer hook-up fee at the Church. Mr. Frock interjected that they could tap into the existing line. Motion died due to lack of a second.

Councilman Lawson commented that the Church provides enough service to the community to offset the Impact Fees. He also made reference to the water and sewer hook-up fees as a way to put away money for future sewer line upkeep.

Councilman Riggin commented that he feels the Church should be charged if a tap was needed, but there would be no great expense as the lines are already there. He added that he is against charging the Church.

Councilwoman Johnson concurred with Councilman Riggin.

At this time, Councilman Dize made a motion to charge the Church for any expenses to the City to make the hook-up. Motion seconded by Council Vice President Anderson and carried unanimously.

With reference to the American Legion, Councilman Lawson made a motion, that as the Legion is a helping hand in the community, their building permit fees be waived, for construction of a revetment and pier.

Motion seconded by Councilwoman Johnson and carried unanimously.

At this time, Mayor Purnell called for a 10 minutes recess.

Upon completion of the recess, Mayor Purnell reconvened. He commented that people may feel that the Mayor and Council are turning a deaf ear on Reverend Thompson. Mr. Cockey added that the longstanding policy of the City of Crisfield has been that anything considered a personnel matter, cannot be discussed in public. He advised
that this could create liability issues for both the employee and the City.

Mr. Cockey again advised the Mayor and Council not to discuss personnel issues in public. He noted that the public can provide their input, however the Mayor and Council cannot comment in a public session.

Reverend Thompson commented that the Mayor and Council would have to answer to the Chief (Bell) regarding the issue of philosophical differences.

NEW BUSINESS

Mayor Purnell made reference to purchasing 3 new PC’s for the Clerk’s office in the amount of $15,000. He advised that the City looked at other quotes, but the quote from Innovative Networks was the best.

At this time, Councilman Riggin made a motion to approve the purchase of the computers and package, from Innovative Networks.

Councilman Lawson made reference to discussion concerning obtaining other bids for the PC’s. Mayor Purnell advised that they were solicited, but this was the best offer.

Motion seconded by Councilman Dize and carried unanimously.

MAYOR'S APPOINTMENTS

Mayor Purnell made reference to the appointment of Vernel Cottman and Traci Wigglesworth to the Planning Commission. So moved for approval by Councilman Riggin, seconded by Council Vice-President Anderson and carried unanimously.

Mayor Purnell also made reference to the appointment of Mike Spanhel and Elmer Barkley to the Board of Zoning Appeals. So moved for approval by Councilman Dize, seconded by Councilman Riggin and carried unanimously.

Councilman Lawson made reference to the majority of “4” to carry votes, as both of these committees have increased in membership. Mr. Cockey advised that the Board can adopt their own rules of procedure and can adopt a provision that a certain number of votes is needed to carry a motion. Councilman Lawson advised that he would poll the Council individually and have a recommendation at the next meeting.

Mayor Purnell also made reference to a letter from the Planning Commission requesting that an additional $3,200 be approved to complete the Comp Plan.

At this time, Councilman Riggin made a motion to approve the additional $3,200 to complete the Comp Plan. Motion seconded by Councilman Lawson and carried unanimously.

DEPARTMENT REPORTS

Mr. Rick Lord, Superintendent of Public Works, presented his monthly report, highlighting its contents.

Mayor Purnell commented that there had been a misunderstanding regarding the clean up of the Waterman’s Festival, but it was handled promptly by Mr. Lord and his department.

Mr. Lord also noted that he would present information regarding automated garbage collection at another meeting.

Mayor Purnell noted that with this type of collection, every household purchase a $100.00 ninety gallon can. He advised that the City is looking into alternatives regarding garbage collection.

Mr. Lord also thanked the Chamber for their letters concerning the Public Works assistance at the Boat Docking contest as well as the gift certificate to Gordon’s.

Joyce L. Morgan, Clerk-Treasurer, presented her monthly report, highlighting First Quarter expenses. She noted a correction from last months meeting and advised that Sherwin Williams pays the City rent in the amount of $100 per year.

Harold W. Frock, Sr., Superintendent of Public Utilities, presented his monthly report. He highlighted issues regarding overflow as well as the need to expedite the replacement of the 36 sewer line. He also made reference to the force main on Broadway, which would cost an estimated $300K.

Mr. Frock made reference to his request to purchase a forklift from money in the upgrade’s contingency fund, in the amount of $36,000. At this time, Councilman Lawson made a motion to approve the purchase of the forklift. Motion seconded by Councilman Riggin and carried unanimously.

Mr. Frock also made reference to a request for a set of City standards which would cost $5,000.

Councilman Riggin made a motion to authorize the preparation of a set of City standards. Motion seconded by Councilwoman Johnson and carried unanimously.

OLD BUSINESS - NOT ON THE AGENDA

Mayor Purnell made reference to the ongoing Food Lion contract issue. He advised that he met with Food Lion representatives on Friday, October 20th , along with three Council Members.

Mayor Purnell advised that Mr. Brantley Tilghman was upset with the penalties and requested that the City extend the buy-back agreement from June 2006 to June 2007. Mr. Tilghman advised that he expects approval of the Crisfield store in November. Mayor Purnell requested approval from the Council to approve the change in the buy back agreement as requested by Mr. Tilghman.

Council Vice President Anderson made a motion to approve the change in the buy-back agreement. Motion seconded by Councilman Riggin and carried unanimously.

2nd Session – Public Input

Mark Good expressed his concern with the City’s position to regulate marine development (re: Legion permit fee waiver) Councilman Lawson advised that this was only due to the building permit issue. He added that the City does not regulate anything Marine.

Elmer Barkley made reference to upkeep of properties. Mayor Purnell advised that there are regulations, but enforcement is overdue. He also advised that some cannot afford the needed repairs.

Mr. Barkley made reference to trying to find assistance for those who could not afford to make repairs.

Billy Gene Swift made reference to the Housing Authority being a disgrace and stated that the City needs to begin there with enforcement of clean up. Councilman Lawson advised that the Housing Authority does not belong to the City of Crisfield, but is a Federal entity.

Ladell Dorman advised that he is concerned with decisions made during the SRP process, which will be made difficult with the issuance of EDU’s. He commented that it would be hard to fund infrastructure.

QUESTIONS AND ANSWERS BY THE COUNCIL

Councilwoman Johnson made reference to the issue regarding Woodson School Road. Councilman Lawson advised that he had spoken with Mr. Rodger Daugherty concerning the burden of changing the traffic pattern.

Councilman Lawson advised that there is one parking space for each faculty member and one space for every 375 sq. ft. of building, therefore it is a parking problem, not a street problem and the traffic pattern would not be changed. Mayor Purnell added that it would be a large expense to the City to make repairs and open the street.

Mr. Sam Davis commented that opening the road is the alternative to the problems being encountered when parents drop off and pick up students. Mayor Purnell advised that the cost to open the street would be approximately $30 to $40 Thousand.

Councilman Lawson noted that a wonderful job was done on renovating Woodson School though parking was not increased.

Councilman Dize commented that he still feels parking should be considered on the back lot.

Councilwoman Johnson also advised that parking needs to be addressed on 2nd and Main Street.

Councilman Lawson made reference to the SRP process. He advised that Code revisions need to be processed through the SRP. He also made reference to the sunset law regarding EDU’s being in effect for one year, which is already in place.

In reference to the Housing Authority, Councilman Lawson noted that 1/3 of the residents of Crisfield reside there. He commented that the Housing Authority office follows an inspection process. He also advised that he would like to meet with the Housing Authority Board regarding policy and procedures.

Billy Gene Swift advised that he had only commented because he felt that it should be made presentable. Councilman Lawson also made reference to attending recent MML
meetings.

Council Vice President Anderson thanked the Businessmen’s Association for attending this evening’s meeting.

Councilman Dize welcomed Acting Chief Ernie Leatherbury on board.

ADJOURNMENT

There being no further business for discussion, Council Vice President Anderson made motion to adjourn, seconded by Councilman Riggin and carried unanimously.

Meeting adjourned at 8:30 p.m.

Respectfully submitted
Joyce L. Morgan, Clerk-Treasurer

Prepared by Valerie Swift, Secretary

Minutes for Public Meetings