City of Crisfield

Minutes for Public Meetings

Minutes for Regular Meeting:  April 11, 2007

The Mayor and City Council and City Department Heads met in regular session on Wednesday, September, 26, 2007 at 6:00 p.m. at 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

Also in attendance; Mike Tabor, Chief of Police; Harold W. Frock, Sr., Superin- tendent of Public Utilities; Rick Lord, Superintendent of Public Works; Bill Mister, Inspector; and Valerie Swift, Secretary. (see list of others in attendance.)

Mayor Purnell called the meeting to order, opening with the Lord’s Prayer and the Pledge of Allegiance. At this time, Mayor Purnell reviewed the agenda for the evening’s meeting.


APPROVAL OF MINUTES


At this time, Council Vice President Anderson made a motion to approve the minutes from the Regular Meeting of September 12, 2007, and the two Special Work- shop Meetings of August 28, 2007, as written. Motion seconded by Councilman Dize and carried unanimously


PRESENTATION OF CERTIFICATES

Mr. Jay Tawes, Co-Chairman of the Boat Docking Competition, presented a letter of thanks to Chief Tabor and the Crisfield Police Department and Rick Lord, Superin- tendent of Public Works, and his personnel, thanking them for their support during this event. Mr. Tawes also presented a $100 gift certificate to Gordon’s, to Chief Tabor and his department and a $200 gift certificate to Gordon’s to Mr. Lord and his staff.
The next order of business was the presentation of recognition to Mrs. April Todd, Somerset County Teacher of the Year and State Teacher of the Year finalist.

1ST SESSION OF PUBLIC INPUT


Mrs. Pat Carson inquired about the status of the skateboard park. Mayor Purnell advised that Open Space money would be used to construct the park, however, the City is still leasing the Armory. Open Space requires that it be placed in a permanent lo- cation. He advised there is also the issue of liability insurance.

Mr. Marc Good made reference to meeting with SRP Planner Peter Johnston. Mayor Purnell advised that he had gotten delayed, meeting with another group. He also commented on the low attendance at the last presentation and stated that a lot more public input is needed.

Mr. Pat Reese, Jr., made reference to 2 and 3 of the Planning Commission’s recommendation for the SRP and asked that language be added stating that this is a temporary measure.

UNFINISHED BUSINESS


Mayor Purnell made reference to recommendations 2 and 3 from the Planning Commission concerning the SRP, that were tabled at the September 12th meeting;

#2 Revise the “TM” Tourist Maritime Zoning District to eliminate multi-family and condos as a special exception use (delete section 12-59A(1)(3)and(4). This will make the zone consistent with the stated purpose of the district.

#3 Amend the schedule of District Regulations to limit the height permitted in the “TM” Tourist Maritime District to 35 feet (currently 75 feet).

Mayor Purnell made reference to an 11th hour letter from Mr. Cockey, concerning a conversation about amending provisions of the zoning code governing uses in Tourist Maritime and similar districts to provide that condos will no longer be inherently per- mitted unless the Council wanted to permit them through conditional uses, without BZA approval.

Councilman Dize commented that he had planned on making a decision regarding recommendations 2 and 3, but receiving the letter from Mr. Cockey on such short notice would require further review.

Councilwoman Johnson advised that she agrees with Mr. Cockey’s determination, as the Council needs conditional uses if an offer comes before them.

Council Vice President Anderson commented that he also agrees, that there should be a “give and take”.

Councilman Riggin and Councilman Lawson advised that they had no comment.
Mayor Purnell requested a motion.

At this time, Councilman Dize made a motion to approve the Planning Commission’s recommendation to revise the “TM” Tourist Maritime Zoning District to eliminate multi-family and condos as a special exception use (delete section 12- 59A(1)(3)and(4) per the direction of the letter from Mr. Cockey, City Solicitor, which would allow the Council to make exceptions in appropriate cases making condos permitted in such zones only as “conditional uses, as approved by the Council following a public hearing.

Motion seconded by Councilman Riggin. Motion opposed by Councilman Lawson. Motion carried by Council Vice President Anderson, Councilwoman Johnson and Councilman Dize.

After further clarification, concerning the motion, Councilman Lawson changed his vote to “aye”. Motion carried unanimously

Councilman Lawson made a motion to amend the schedule of District Regulations to limit the height permitted in the “TM” Tourist Maritime District to 35 feet (currently 75 feet) with the Council being permitted to make exceptions in appropriate cases. Motion seconded by Councilman Dize and carried unanimously.

2ND READER- LOITERING ORDINANCE

The next item of unfinished business pertained to 2nd Reader of the Loitering Ordinance. Mayor Purnell noted that he had been advised by Mr. Cockey that the ACLU has cases pending with Baltimore County concerning their Loitering Laws. He suggested holding 2nd Reader to see what objections they have.

2nd Reader was tabled at this time.

UPDATE 36 SEWER

Mayor Purnell noted that 7 bids were received at the bid opening last Friday. (see copy)

Mr. Dize, City Manager, advised that he is waiting on the award of an additional $100K, before the bid can be awarded.

Mayor Purnell advised that after reviewing the bids, Davis, Bowen and Friedel has recommended American Paving, pending receipt of the additional funding. Once received, the bid will be awarded.

DECISION REGARDING FILING AN APPEAL CONCERNING HANDY’S

Mayor Purnell made reference to the Judge ruling in Handy’s favor and inquired about filing an appeal. At this time, Councilman Riggin made a motion that the City would not file an appeal. Motion seconded by Councilman Dize and carried unanimously.

NEW BUSINESS - USDA LOAN RESOLUTION

Mayor Purnell made reference to the adoption of a USDA Loan Resolution for $1M,440K.

At this time, Councilman Lawson read aloud the Resolution and made a motion for its adoption. Motion seconded by Council Vice President Anderson and carried unanimously.

EVENT APPLICATIONS

Mayor Purnell made reference to the three event application requests; Kiwanis Halloween Parade, Chamber Christmas Parade and Airport Fly-In.

At this time, Councilman Lawson made a motion to approve all three event requests. Motion seconded by Councilman Dize and carried unanimously.

DEPARTMENT HEAD REPORTS

Chief Mike Tabor presented the Police Department’s report for activities in August and September. He noted, in reference to the ACLU, that the Loitering Ordinance he had used was from one that had been on the books in Baltimore for 30 years.

Mayor Purnell advised that he had asked for the ACLU concerns in writing.

Chief Tabor also presented for the public, replica hand guns, which had been taken from local youth between the ages of 14 & 18.

Mrs. Joyce Morgan, Clerk-Treasurer, presented her monthly report, highlighting Budget activities July-August 2007. She also presented an electricity comparison and breakdown by department, noting that $500,000 had been spent in 18 months.

Mr. Harold W. Frock, Sr., Superintendent of Public Utilities, presented his monthly report. He advised that he had received four bids for a sewer vac, the lowest from Atlantic Machinery in the amount of $41,370.

At this time, Councilman Riggin made a motion to accept the bid from Atlantic Machinery. Motion seconded by Councilman Lawson and carried unanimously.

Mayor Purnell inquired about the Sewer Vacuum System classes which Mr. Frock Attended. Mr. Frock advised that he is concerned about the matter of spare parts and will also be meeting with the County. Mayor Purnell advised that he wants to schedule a joint meeting with the County concerning the vacuum system.

Mayor Purnell inquired about the availability of sewer up 413. Mr. Frock advised that it stops at the Hopewell intersection, but includes Holly Avenue.

Mayor Purnell inquired what a business on 413 would need. Mr. Frock advised that based on flow, they may need to install a pump station.

Mr. Rick Lord, Superintendent of Public Works, presented his monthly report. He also noted that the diagonal parking lines have been painted on one side of Main Street.

He also noted that new employee, Anganette Jones, is doing a good job.

Mayor Purnell also commented that Mr. Lord will be working on the system for Gerald’s Ditch to stop the tide in the ditch. He advised Mr. Lord to move forward with the project, due to the coming rainy season.

Mr. Calvin Dize, City Manager, presented his monthly report, highlighting its contents. Mr. Dize commented that many think obtaining grant money is easy, however, it requires a lot of time and paperwork.

Mr. William Mister, Inspector, presented his monthly report, briefly high- lighting its contents.

Councilwoman Johnson made reference to a recent issue concerning burning on Tyler Street. Mr. Mister commented that according to personnel from the Dept. of the Environment, open burning will soon be banned. He also noted that the County burn ban went back into effect today.

2ND SESSION OF PUBLIC INPUT

Mr. Lamount Potter inquired about the Loitering Law. Chief Tabor advised that at the Housing Authority, there is a Federal Law, that is already in effect, but not for other areas of the City.

Mr. Pat Reese Jr., requested a copy of the letter from Mr. Cockey concerning the zoning changes.

Dr. H. DeWayne Whittington asked that the Mayor and City Council and Police Department take a pro-active approach concerning the replica hand guns. He suggested presenting them at a group meeting. Chief Tabor advised that there was a presentation scheduled at Woodson School.

Mr. Pat Reese, Sr., commented that the renovation to the Slipper building on Main Street was blocking off parking due to its slow process.

Mr. Ladell Dorman made reference to the designation of a “floating zone” in the SRP.

MAYOR AND COUNCIL REPORT

Councilwoman Johnson commented that she concurs with Dr. Whittington about making everyone aware of the replica guns.

She also made reference to looking at the skateboard park in Chincoteague.

Mayor Purnell reiterated that the three issues affecting the park are funding, location and liability insurance.

Councilwoman Johnson also made reference to the door that was broken on Chesapeake Avenue by a City lawnmower. Councilman Riggin advised that he would look into this tomorrow.

Councilman Lawson addressed Mr. Dize concerning the placement of a street light for Heron Way, on Hinman Lane and 413.

Councilman Lawson addressed Mr. Lord about obtaining a cost comparison regarding purchasing a new garbage truck versus the current method. He also advised that he would like to see a ban on burning. Councilman Lawson also commented on the good job being done on the demolition on Main Street.

Councilman Lawson commented that the situation regarding the rear of the Forbush building is horrendous.

Councilman Lawson noted that with the finish of the WWTP upgrade, a new fence is needed in front of the facility and piping installed in the ditch.

Councilman Lawson also noted that Mr. Bill Buttrill repaired the toilets at the museum today, at no charge.

Councilman Lawson addressed Chief Tabor concerning the Loitering Ordinance. He advised that years ago, the ACLU had addressed the City concerning non-resident voters, but noted that he wants to see the Ordinance in the City Code.

Councilman Lawson made reference to the last SRP meeting, during which time Mr. Johnston addressed parking downtown, business storefronts, streets and a key- gateway entrance.

Councilman Lawson also made reference to the good job being done on sidewalks.

Councilman Riggin thanked everyone for attending. He also thanked City staff for the job that they do.

Councilman Dize commented that he agrees that the Loitering Ordinance is needed, making sure officers use common sense when enforcing it. Chief Tabor advised that an informative flyer would be created.

Councilman Dize also requested that any last minute issues be tabled from now on.

Mayor Purnell advised that he had received a letter from a Cove Street resident requesting that the City collect garbage twice a week in the Summer. He also advised that he had received a request from a resident for speed limit enforcement or a one way sign on 2nd Street.

Mayor Purnell advised that he agrees with Councilman Dize concerning receiving information on short notice.

Mayor Purnell made reference to the Forbush Building issue and advised that he had had an ongoing dialogue with the owner, Mr. Corrado.

He advised that the City will retain liability even though the building has been posted.

Following a lengthy discussion, Mayor Purnell advised that the City has two choices, either shut down the business or retain liability for anything that happens.

Councilman Lawson advised giving them a timetable for completion. Mr. Mister also suggested fining them for code violations.

Mayor Purnell advised Mr. Mister to consult with Mr. Cockey concerning the fines.

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

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