Town of Perryville by HC120917114352


									                                   Town of Perryville
                                 Town Meeting Minutes
                                     June 5, 2012

ATTENDANCE: Mayor: James Eberhardt, Commissioners: Barbara Brown, Michelle
Linkey, Michael Dawson, Raymond Ryan, Town Administrator: Denise Breder and
Police Chief: Vince Wernz

The Town of Perryville Town Meeting was called to order at 6:50 p.m. immediately
following the Public Hearing by Mayor Eberhardt.


Motion was made by Commissioner Brown and seconded by Commissioner Linkey to
approve the June 5, 2012 Town Meeting Agenda as published. All in favor: Motion

MOTION was made by Commissioner Brown and seconded by Commissioner Linkey to
approve the May 1, 2012 Town Meeting minutes, the April 17, 2012 Work Session
Minutes, and the April 24, 2012 Budget Public Hearing Minutes. 4 in favor; 1 abstain.
Budget Public Input Work Session April 10, 2012. 3 in favor, 2 abstained): Motion
Carried. Commissioner Ryan abstained from voting on all meetings and Commissioner
Dawson abstained on the April 10, 2012 Budget Public Input Work Session.

       Mayor Eberhardt performed the Pledge of Allegiance that was overlooked at the
beginning of the meeting.


        Mayor Eberhardt welcomed Commissioner Ryan to the board, elected at the
recent May 8 Election, he made the recommendation to keep the Commissioner
assignments the same, in assigning Commissioner Ryan to the vacant seat of the Water
and Sewer position. On May 9, he met with the MD Department of Transportation along
with the Maryland Municipal League and Delegate Rudolph to discuss procedures that
the Dept. of Transportation has established to determine the priorities for their roadwork
in Cecil County. The bridge over I-95 and 222 has become a number 1 priority. The
Spring Fling was held on May 12, the Work Session and Swearing in Ceremony was on
the 15th, The Chief’s Challenge was on the 26th.
Town Meeting Minutes
June 5, 2012



Parks Department Report-

        Commissioner Brown reported that the park staff mowed, weeded, and trimmed
specific town owned locations and trimmed bushes along the Roundhouse Drive trail.
The restrooms at the boat launch were cleaned along with cleaning of the Lower Ferry
Pier. Projects that the park’s staff completed or had completed included the installation
of fencing around the tennis courts in the Community Park. Signs were installed
pertaining to the feeding of the cats. They have received permission and have issued a
purchase order number to replace the old wooden bulkhead on the side of Ice House Park.
They also received permission to spray the weeds along the rip rap at Ice House Park and
around the Jetty at the boat ramp.

        Commissioner Brown reported that the Perryville Greenway Meeting will be held
here, 10 a.m. at the upstairs conference room on June 27. Commissioner Brown reported
that she attended the Mayor and Commissioners Work Session on the May 15. On the
29th of May she attended the Public Meeting concerning the auction of property adjoining
the town’s property in the vicinity of Rodgers Tavern. On the 31st she met with the
Administrator and a council member from Port Deposit at our boat ramp to show them
the building we placed there and answer any questions that they had because they are
looking into doing something similar. On June 5 she met with Charles Morgan and gave
him a tour of Rodgers Tavern. They discussed the building and George Washington’s
visits. Mr. Morgan is a member of the Sons of the American Revolution and also works
with the curator and docent group that take care of Mt. Vernon. He is looking to see if
there is anything we might benefit from with this association. Commissioner Brown
reported that she has been contacted by Rebecca Roberts who is a Historian at the
Congressional Cemetery in Washington where Commodore John Rodgers is buried.
Commissioner Brown gave her a considerable amount of information on the Rodgers
family. She has also told her of an autobiography that was written in the early 1900’s by
Oscar Pullin. From all of the research she has done on him this book seems to be quite
accurate. Commissioner Brown noted an item of importance about the Commodore;
when the war was declared with the British and the Commodore was notified, he was
patrolling the waters around New England, his ship, the President fired the first cannon
shot at the British ship, the Belvidere.

        Commissioner Brown also announced that the Star Spangled Sailabration 2012
will take place at the Inner Harbor in Baltimore June 13-June 19. There will be tall ships.
Naval Vessels and an appearance by the Blue Angels. The week long celebration will
feature free public tours of the ships, waterside festivities and the air show. The ships
Town Meeting Minutes
June 5, 2012

will be docked in the Inner Harbor, Fells Point and Locust Point. For an up-to-date
schedule and details, visit This event is the kickoff for activities
that are going to start in this area. We will have printed brochures and a stamp at the
depicting Rodgers Tavern at the Tavern for visitors to pick up because we are going to be
on a map as one of the sites to visit. Although she has not seen it yet it is going to be
formatted so the back is like a passport and it has little squares on it and wherever these
people go to visit one of the sites on the map they must have it stamped or something
depicting the fact that they were there. Since we are not open we will put a sticky stamp
out there for people to put on their passport. She is hoping to get some information in the
kiosk down there. She indicated that if we do anything she anticipates that our
celebration will be sometime next year.


      Commissioner Dawson deferred to Ms. Skilling to report on the Planning and
Zoning meeting since he was not able to attend the May meeting.

        Ms. Skilling stated that the Planning and Zoning Board met and is in the process
of reviewing new subdivision regulations and will probably reenact the whole subdivision
section of our code.


      Commissioner Linkey reported that she attended the Ribbon Cutting Ceremony,
the Mayor and Commissioners Work Session and their special session and continued to
meet with DPW regularly.

DPW Report –

        Commissioner Linkey reported on the activities of DPW for the month of May,
bulk trash and yard waste was picked up. DPW continued to repair and maintain all town
owned equipment. They continued to cut brush along the outside of the Wastewater
Treatment Plant fence. The roadway along the railroad underpass on Broad Street was
repaved. A section of River Road that was not paved has been paved. An ongoing
drainage issue at the corner of Franklin Street and Aiken Avenue Extended was repaired.
DPW assisted with the Chief’s Challenge Basketball event. They replaced a
malfunctioning valve actuator in Valve Vault 3 along the I-95 corridor.

       Mayor Eberhardt asked Commissioner Linkey to look into getting some of the
mowing along the sidewalks and roadways taken care of. He believes that in the past we
have gotten the County’s bush hog to take care of that.
Town Meeting Minutes
June 5, 2012

        Commissioner Brown also asked if we could contact the State Highway to take
care of clearing the path along Route 222 as well.


       Commissioner Ryan did not have a report but does plan to meet with Alan to get
caught up with what is going on at the Water and Wastewater plants.


       Ms. Breder introduced the town’s newest hire, his name is Ralph Ryan, and he is a
Civil Engineer II.

                            Town Administrator’s Report
                              Town of Perryville, MD
                            For the June 5, 2012 Meeting

Project Status Updates:

 Charter:
   o The first Charter Amendment Resolution is on the agenda for your vote tonight.
     More will follow.

 VA:
   o Truck Route
      The notice to proceed meeting was held on Friday, June 1, 2012.

 Wastewater:
   o Decant operations (carryover from construction project): UPDATE: URS
     responded to the Town’s letter regarding the harmsco / decant problems at the
     water and wastewater plants.
   o Alan Amos alerted me to a problem with a spike in the ammonia and phosphorous
     levels in the wastewater plant effluent, which the staff has been able to trace back
     to one user with extraordinarily high alkalinity levels in their wastewater. Alan
     and I worked on this issue during the course of the month, including a site visit to
     take samples and meet with environmental staff from the business. Worked with
     Alan and Fred Sussman to prepare letters to go to the offender and to MDE.

 General Government:

   o Did follow up work to both last month’s Town meeting and the work session
     (including working with Fred Sussman on Charter Amendment and Code updates)
Town Meeting Minutes
June 5, 2012

   o Met with Mrs. Dianna Battaglia for review of zoning certificates.
   o Worked on various personnel related issues, including review of the employee
      evaluation submitted by Department Heads. Due to the confidential nature of the
      personnel work, no further report will be given on this issue.
   o Attended to miscellaneous Town business including: ensuring contracts are sent
      out for execution (ex: VA Road License Agreement, L.L. Lease Amendment and
      Chamber of Commerce Parade Grant) communicating with Department Heads on
      issues related to their departments giving guidance and assistance where needed,
      wrote and sent various memos to staff as well as other governmental agencies,
      responded to inquiries from the press, reviewed and approved time sheets and
      leave requests, reviewed accounts payable check runs and A/R aging reports,
      proof-read minutes to meetings.
   o Reviewed and approved P.O.’s and invoices on things that I am working on for
      the Town directly. Forwarded the invoices to accounting for payment.
   o Emergency Action Plan (EAP) for the Reservoir Road water plant water supply
      dam – NO UPDATE
   o Emergency Response Plan – UPDATE – The Emergency Response Plan was
      included on the May Work Session agenda for review and comment. We expect
      the plan to be finalized for adoption at the July town meeting.
   o The Civil Engineer, Ralph Ryan, was hired and started work in May 14.
   o The Economic Development position has been advertised. We received 11
      resumes/applications for the position and conducted 6 interviews. We expect to
      make an offer this week.
   o Met with staff to begin working on the amendment to the Fiscal ’13 Local Impact
      Grant Spending Plan.
   o Spent some time following up on an insurance claim.
   o Responded to two (2) Information Act Requests.
   o Prepared orientation information and materials for incoming commissioner.
 Other Meetings:

   o May 1, 2012 Prepared for and attended Town Meeting.
   o May 1, 2012 Attended the Ribbon Cutting Ceremony for the pier project.
   o May 3, 7 & 8, 2012 Cathy McCardell and I Conducted interviews for the Civil
     Engineering job vacancy.
   o May 10, 11, & 15, 2012 Chief Wernz, Lt. Miller and I conducted interviews for
     the police officer trainee candidate.
   o May 16, 2012 Prepared for and attended a Staff Meeting.
   o May 17, 2012 Met with the 501(c) 3 Grants Review committee.
   o May 21, 2012 Met with the Downtown Revitalization Grants Review Committee.
   o May 23, 2012 Prepared for and attended the Perryville Greenway Committee
     meeting. The next meeting is scheduled for June 27, 2012 at 10am.
Town Meeting Minutes
June 5, 2012

   o May 29, 2012 Prepared for and attended a Special Meeting held to discuss a local
     property foreclosure and the impact of that on the Town government. Followed
     up by co-authoring a letter with Mary Ann Skilling to the attorney that sent us the
     foreclosure notice explaining the Board’s concerns.
   o May 29, 30, 31 and June 1, 2012 Mary Ann Skilling and I conducted interviews
     for the Economic Development Manager position.

          Ms. Breder pointed out that attached to her report is reports from the various
   departments and she encouraged the board members to take a look at them and there
   is some important information that is included in them.

          Mayor Eberhardt inquired if the VA gave the contractor a Notice to Proceed at
   the meeting on June 1st to discuss the issue.

           Ms. Breder noted that her understanding is that they did and she is waiting to
   get the schedule.

          Concern regarding interference with the Triathlon was discussed and it was
   determined that the VA is aware of that and had no intention of doing anything on that
   road until after the Triathlon is over.


Bank Balances

       Ms. Deaner reported on the bank balances for the month of May 2012. In the
PNC account the total bank balance is $2,890,652.78. In the MD Local Government
Investment Pool the amount is $4,873,599.78. At NBRS the amount is $1,870,192.17.
The grand total is $9,634,444.73.

Financial Summary

        The Financial Summary for the month of April the ytd. In the General Fund was
$1,321,508.13, the Water Fund was a deficit of (157,738.29). and the Sewer Fund was a
deficit of (17,457.70).

       Mayor Eberhardt recalled a discussion that had occurred previously regarding the
balances in the General Fund and the issues with the Water Fund and discussing the
General Fund paying for the water usage at town owned buildings and the Fire Company
Town Meeting Minutes
June 5, 2012

      Ms. Breder noted that this would require a budget amendment to have an
expenditure category and revenue category added in both the General Fund and Water

       Mayor Eberhardt inquired if we can get those numbers on what that would be for
the Administrative building and the Fire Company, to which Ms. Breder replied that we
probably can.

        Ms. Deaner noted that she talked to the town’s auditor and that she did not see any
issues with money from the General Fund paying for water usage for town owned
property and the Fire Company’s usage; they have another Municipality who is doing

                                 Treasurer’s Report
                             Town of Perryville, Maryland
                                     May 1, 2012

For the Month of May, 2012

      231 purchase orders were processed totaling $297,818,15.
      139 accounts payable checks were processed totaling $276,203.55.
      6 personal property tax bills were sent out totaling $124.55.
      Processed cash & equivalent receipts totaling $403,003.87.
      On May 4, we received March’s Slot revenue from Cecil County totaling
      On May 31st, received $72,939.84 for Local Income Tax Distribution from the
      On May 2nd, mailed tax rates set for FY13 to the State, Cecil County and the
       Department of Assessments & Taxation.
      On May 2nd, attended a workshop for Cecil County grant opportunities associated
       with the Local Impact Grant.
      On May 8th, met with the Denise Breder and Shirley Miles to review Pier
       reimbursement final invoicing.
      On May 8th, met with Sprint and Chief Wernz to review their current cell phone
       plan and opportunities.
      On May 9th, participated in Career Day at Perryville Elementary. I presented
       being an accountant to the 3rd – 5th graders.
      On May 9th, met with Atlantic Broadband and Kelli Jamison to discuss switching
       phones and internet from Verizon to save the Town more than $500/ month.
      On May 16th, attended Department Head staff meeting.
Town Meeting Minutes
June 5, 2012

       On May 16th, met with Verizon Wireless and Chief Wernz to review cell phone
        plan and opportunities.
       On May 17th, May 23rd and May 30th, met with non-profit grant committee to
        review grant submissions and finalize recommendation to Mayor &
       On May 29th, attended the Town’s special meeting concerning the foreclosure sale
        of property.

     Commissioner Linkey thanked Rachel for all of the work that she did regarding
changing the phone service which is saving the town a lot of money.


       Chief Wernz reported that he attended the Law Enforcement Executive
Development Seminar on May 3rd and 4th. On May 7 he attended the Cecil County
Special Olympics. On May 9 Lt. Miller attended Career Day at the Perryville Elementary
School. On May 12 the chief attended the Spring Fling and on the 14th he attended Police
Week Ceremonies in Washington, DC. On May 16 he attended a presentation by IWIF in
reference to survivor benefits of a Police Officer. On May 17 he attended a Sock it to
Tobacco presentation at the Outreach Program. On May 18 he attended a Math B at the
Perryville Elementary School. On May 26 Lt. Miller attended the Chief’s Challenge
event. On May 30 the chief attended the Town Staff Meeting.

        Chief Wernz reported on current projects that are being worked on. The mobile
data computers are on-line and log-ins were received from the State. NCIC/Meters access
training is scheduled for June 27 & 28 for all of our personnel. We are currently
processing applicant Amos Pettit for academy Police Officer position. Emergency
lighting and radios were installed and put into service on the 2012 Dodge Charger
assigned to Officer Nitz. The 2012 Ford Explorer was decaled and the emergency
lighting was ordered.

                                       Police Stats


ROBBERY             0       1      0        0    0

ASSAULT             7       2      4        4    9

                    0       1      1        0    1
Town Meeting Minutes
June 5, 2012
                      7      5       5       4    13
                     1       0       0       2    0
                     2       11      1       3    5

DISORDERLY           1        0      2       3    4
                     3       4        3      3    2
                     11      9       17     18    28
                      3      4       2       1    1
Referrals to
Outreach Program      3      1       1       0    1

CITATIONS             11     20       9     19    26

WARNINGS              20     18     32      19    66

SEROS                 5      6        1      4    6
                     12      9        6     4     13
52 (Investigated)     3      4        0     1     6
89 (no
investigation)       9       5        6      3    7
                     251    246     292     282   342

        Commissioner Brown commented that she is hoping that the Police Department
will be well staffed on the 4th of July to prevent people from setting off illegal fireworks;
there have been a few instances lately of this occurring already.

       Commissioner Dawson inquired how many out of the 28 adult arrests were
warrants and how many were on view arrests.

        Chief Wernz reported that he does not have that information available with him
but believes there were 7 warrants, 3 summons and the rest were on view arrests.

        Commissioner Dawson inquired if the overall total of calls includes fire calls.

      Chief Wernz replied that it does not include all of the calls for the Fire
Town Meeting Minutes
June 5, 2012
                                          - 10 -

       Mayor Eberhardt reported that he was able to attend the Senior and Law
Enforcement together meeting that was held at Fairgreen which consists of Perryville,
North East, Rising Sun, the Sheriff’s Department and representatives from Cecil Aging.
He noted that there was a lot of information provided that was not only good for Senior
Citizens but for other people as well on identity theft and other items.

       Commissioner Dawson asked the chief to explain the Memorandum of
Understanding that we have with the MDTA and the role that they play in the Town of

        Chief Wernz replied that it allows them to work traffic enforcement on Route 40
from the bridge up to our boundaries and from 222 up to I-95. If they are traveling
through Olde Town to the bridge or the train station and they observe a violation of the
law that needs immediate action then they are to take that action; but they are not to
routinely take action working radar in town other than Route 40 and 222 unless they are
requested and approved through him.

Outreach Program-

        Darien, a member of the Outreach Program, reported that the overall monthly
attendance for the month of May was 309. There were 48 participants in the Chief’s
Challenge Basketball tournament. There were 7 parent appointments and 2 new
police/parent referrals, 6 life skill classes, and 4 new members. There were 7 Community
Service days and a dunking booth fundraiser at the Spring Fling, along with 2 Anti
Smoking events, and a sock to tobacco cookout. There was Roller Skating at Christiana
and preparation and attendance for the Annual Chief’s Challenge event.


        Salena Garber made a special visit to the Outreach Program with all of the flowers
and shrubs needed to create a small flower garden on the side of the house. The members
enjoyed working along side of her as they dug up the grass, planted the flowers, and
placed mulch over top. It is always nice to have her at the Outreach Program; she has a
wealth of knowledge to offer our members! Being closer to the community garden has
allowed for our members to become more involved and the Outreach Program members
will now be watering the community garden every week night that it does not rain.
We would like to say a special thank you to Doug Hill and his family for their donations
to the Outreach Program this month. His generous donations included several desks as
various office supplies. In the month of June, we will be starting our second year of the
summer swim program at the Conowingo Pool. This was a great success last summer! We
will take 10 members every Wednesday and Friday to enjoy the Conowingo Pool
throughout June and July.
Town Meeting Minutes
June 5, 2012
                                          - 11 -

         Mr. Jesse continues to take members for community service at Amazing Grace
food pantry every Wednesday evening. If anyone is interested in volunteering at Amazing
Grace contact Jesse Lilly at the Outreach Program, 410-642-6728. Our 7th annual Chief’s
Challenge was a success. Over all we had 48 youth participate in the basketball
tournament, skate tournament, concession stand and moon bounce supervision. That
number does not include our spectators. The concession stand crew raised $140.00. Mr.
Jeff from Public Works was a tremendous help with set up and take down of all the
equipment. Lt. Miller and Officer Danielle also worked the event and assisted with the
concession stand and handing out trophies. Thank you Mr. Mayor for spending the day
cheering on the teams and showing your support. Please visit the Outreach Facebook and
check out all the great pictures from this event. June 20th ten members who have
completed the required amount of Community Service hours for the month will be invited
to go fishing on North Bay’s charter boat. June 25th -27th Mr. Jesse and 9 male members
will be venturing off to West Virginia for the annual OP Guys Retreat. The guys will
have to work as a team to accomplish many of the challenges they are going to face on
this trip.


        Ms. Skilling reported that 11 certificates were processed and reviewed for
compliance with the Town’s zoning regulations; one within the Critical Area. Ms.
Skilling reported on some of the meetings that she attended in the month of May. One
was a meeting with Brandon Freel on May 2nd regarding CEMUD and potential
modifications to the plan. On May 9 she attended the meeting with MDOT regarding
priority listings for road projects. Some of our staff attended a Focus Group meeting with
the Cecil County Health Department and a CEZOA training and business meeting. She is
working on a Sustainability grant application for the State of MD. On the 16th she
attended the town staff meeting. On the 23rd of May she reviewed the Grant
Revitalization applicants with the other committee members. On May 29, 30, 31st she
participated in interviews for the Economic Development Coordinator position. On May
31, she met with the Revitalization Grant Committee to make recommendations to the
Mayor and Commissioners. Information was provided to an applicant regarding the
annexation process. She continues to work with Coale Hawkins involving Hawkins
Court. Staff continues to update GIS parcel layers and update and coordination with
Cecil County. Changes were prepared and sent to the town Attorney for review. She is
continuing to work with the Town DPW and the County DPW regarding the watershed
program. She is also continuing to revise the subdivision regulations for review at the
Planning and Zoning meeting in June. The Planning Department continues to generate
monthly invoices for projects and Code enforcement. The Landlord/Tenant meeting was
held on May 1 to discuss possible changes to Chapter 62-Rental Dwelling.
Town Meeting Minutes
June 5, 2012
                                           - 12 -


        Pat Stetina, from the Perryville Railroad Museum, noted that this Thursday they
were going to have some visitors from the Railroad Museum Historical Society who will
be on a guided bus trip visiting railroad stations in Maryland, Delaware, and Washington
D.C.; they are scheduled to be here between 8:30 and 9:00 a.m.

       Mayor Eberhardt discussed possibly selling some of the books authored by Alan
Fox regarding some of the history of Perryville since there is quite a bit of railroad
information featured in the book, if they plan on selling other railroad items.

         John Meck, who resides at 911 Frenchtown Road, introduced himself as bringing
the first Royal Farm store to Cecil County which is located in Port Deposit and purchased
and cleaned up and sold the property known as Ice House Park to the Town of Perryville.
Mr. Meck understands that there has been interest in building a kayak launch from the Ice
House Park property; he stated that there actually is an existing launch point on the
property located 50 to 100 feet up river from where Canning House Run intersects with
the river and believes that would be an easier process to reestablish. Mr. Meck condoned
Mike McGuirk for the various projects that he has worked on for the town. He also
commended the Mayor and Commissioners for their volunteer service to the town. He
was offended by an article that he recently read in the Cecil Whig post interview
regarding the Election referencing the Good Olde Boys reigning supreme. Mr. Meck was
hoping that a representative was here tonight from the Perryville Chamber so that they
would be made aware that he came across various outdated information and problems
with their website. He also was interested in a way of getting information quicker about
the town meetings if you are not able to attend.

        Commissioner Linkey responded that she has been in contact with our web site
hosts in looking into adding audio from the meetings on there, the site currently is not big
enough to handle that but we have been talking and exploring those along with other

       Mr. Deaner noted that there was a meeting that occurred during budget time that
one of our board members was unable to attend and we actually skyped them in.

       Mr. Meck mentioned a couple of websites available that assist Municipalities with
more effective websites, civicplus and govdelivery.

         Mr. Meck had heard that there had been a significant water leak going into Town
Hall and that it at times had to be vacuumed up, he asked Ms. McCardell to elaborate on
that a little bit.
Town Meeting Minutes
June 5, 2012
                                          - 13 -

       Ms. McCardell stated that we did have a leak and we also get rainwater which we
have had to vacuum up.

        Mr. Meck’s understanding is that the issue had been addressed previously but not
completely fixed. Mr. Meck commented that just mopping up water that has come in is
not going to prevent mold and mildew from forming in the walls. He stated that he would
not rule out a temporary relocation of the Administrative Offices until the issue gets
resolved. There appears to be plenty of commercial office space not being used while
fixing the problem, until a determination is made to whether they plan on building a new
Town Hall. Mr. Meck brought up the recent auction signs that went up for property in
town and the difficulty that people interested in buying properties are subject to because
of new regulations being placed on them by State, Federal, and County Governments
which would prevent them from doing what the existing owner can do or what they may
want to do with the property to make a profit. He would like to see more thought put into
some of the motions that are made before adding more regulations.



        Commissioner Linkey requested changing some future Town Meeting Dates, the
first one being Tuesday July 3. She proposed that since it is a five Tuesday month that it
be changed to Tuesday July 10 and the Work Session the 24th, still leaving two weeks
between them. She also brought up January 1, 2013 which is on a Tuesday and falls on
the actual holiday.

MOTION was made by Commissioner Linkey and seconded by Commissioner Ryan to
change the date of the July 3 Town Meeting to July 10 and the Work Session from July
17 to July 24 and to change the January 1, 2013 Town Meeting to January 8 and the Work
Session from January 15 to January 22, 2013 . Discussion ensued.

       There was discussion mainly questioning the need to change the July 3 date.

AMENDED MOTION was made by Commissioner Dawson and seconded by
Commissioner Brown to strike changing the date of the July 3 Town meeting and
changing the date of the January 1 Town Meeting date to Wednesday January 2.

       The Town Attorney reminded the board that this vote is just on the amendment,
and then they would vote on the amended motion. The amendment did not pass. 3 nays.
Commissioner Linkey, Commissioner Ryan and Mayor Eberhardt.
Town Meeting Minutes
June 5, 2012
                                          - 14 -

MOTION was made by Commissioner Linkey and seconded by Commissioner Ryan to
change the date of the July 3 Town Meeting to July 10 and the Work Session from July
17 to July 24 and to change the January 1, 2013 Town Meeting to January 8 and the Work
Session from January 15 to January 22, 2013. 3 in favor. 2 nays (Commissioner Dawson
and Commissioner Brown). Motion Carried.

Resolution 2012-12- Richmond Hill Manor Senior Apartments

         Ms. Breder stated that a Resolution had previously been passed stating that the
town would give a contribution to the project of either a Pilot Agreement or some other
type of agreement; clarification was requested by the Community Development
Association on what type of contribution was to be given. This new Resolution clarifies
that it is going to be a Pilot Agreement which is a payment in lieu of taxes and the
amounts remain the same as in the previous Resolution. Ms. Breder noted that you will
see the detailed Pilot Agreement in the future.

MOTION was made by Commissioner Linkey and seconded by Commissioner Ryan to
Approve Resolution 2012-17. All in favor: Motion Carried.

501 (c) (3) Video Lottery Terminal Impact Grant Recommendation

       Commissioner Brown and Commissioner Linkey would like to have more detailed
information in front of them regarding the applicant’s plans that had been recommended.

        Ms. Deaner noted that two of the committee members are present tonight and she
has the actual applications if they had any questions. She noted that some of them did not
qualify because although they served the Town of Perryville their business was not
located within the town limits and the committee recommended the possibility of opening
that up to non-profits outside of town limits.

        Mayor Eberhardt commented that the committee acted on what was approved in
the program established for this funding and what was approved was for them to be
within town limits; although it can be subject to change come July 1, with the new fiscal
year coming. He believes that this was partly because the Grant Funding Program from
the County specifically excluded those in the town limits of Perryville.

       Commissioner Brown inquired if we have a date for when this money will be
available again.

        Ms. Breder replied that we do not but will be making recommendations probably
at the next Work Session to change both this Grant and the Downtown Revitalization
Grant and at that time set up the next round of funding.
Town Meeting Minutes
June 5, 2012
                                            - 15 -

MOTION was made by Commissioner Dawson and seconded by Commissioner Linkey
to approve the 501 (c) 3 Grant Funding for the Community Fire Company of Perryville.
All in favor: Motion Carried.

Downtown Revitalization Grant Recommendations

       Ms. Breder summarized 4 applicants’ projects that the committee is
recommending for Grant funding. Box Car Avenue for landscaping in the amount of
$5,000, 365 Elm Street for porch and gutter restoration in the amount of $10,000, 501
Susquehanna Avenue, a 90% grant, up to a maximum of $1,000 for window replacement
only, Shops of Perryville, in the amount of $10,000 towards a project for substantial
renovation that they plan to phase in, this would be for the roof.

        Commissioner Dawson brought up concerns regarding the potential for a snowball
effect of projects that could be allowed to consistently apply for and potentially receive
grant funding more than once.

        Commissioner Brown brought up concerns about handing over grant funds for
projects being done without knowing what type of materials are being used and if they
will last any length of time.

       Ms. Skilling stated that they plan on using metal roofing which does have
longevity and Ms. Breder concurred that they must comply with what they applied for.

        Commissioner Ryan inquired if there was a time frame for them to complete the

       Ms. Skilling noted that she believes that there are time frames spelled out in the
Grant Application.

MOTION was made by Commissioner Ryan and seconded by Commissioner Linkey to
approve the 4 recommended Downtown Revitalization Grants in the total amount of
$26,000. Discussion ensued.

        Commissioner Dawson does not agree with the way that this particular Grant was
written, he feels that it should be open to all of the residents in the Town of Perryville not
just a select area of people. He brought up people living at Beacon Point, Gotham Bush,
Chesapeake Landing, Frenchtown Crossing and Richmond Hills, not being eligible to
receive this funding.

      Ms. Breder noted that the board made the Grant to be Neighborhood Business and
Town Center, the two Zoning Districts, which you would be able to change if you chose
Town Meeting Minutes
June 5, 2012
                                           - 16 -

to for the next grant process. She reminded the board that this was money that came
from the local impact grants and she believes that there are five different purposes that
you can use that money for and one of them was Economic Development and Downtown
Revitalization which is what was chosen.

         Commissioner Ryan noted that he is working within the rules that were set forth
before he came here to follow and is acknowledging based on comments that we are
hearing that there needs to be changes to the rules and that those changes will come based
on what he is hearing. Although at this point he feels that we need to act on the rules that
are set in place now to help our citizens out and then make the appropriate changes to
open it up to more citizens if that is what we need to do.

AMENDED MOTION was made by Commissioner Dawson to table the discussion until
the next Work Session. There was no second to the motion.

Original Motion was brought forth.

        Commissioner Brown wanted to make sure that if we pass this that we state that
revisions are coming in regards to the application process.

       Mayor added that we are going to further review the procedures that we have for
those grants with the intent to make some positive changes.

MOTION was made by Commissioner Ryan and seconded by Commissioner Linkey to
approve the 4 recommended Downtown Revitalization Grants in the total amount of
$26,000 and that we are going to further review the procedures that we have for those
grants with the intent to make some positive changes. Four in favor: 1 nay
(Commissioner Dawson): Motion Carried.

Ordinance 2012-4 Lower Ferry Pier

        Ms. Breder commented that this Ordinance was written as an emergency
Ordinance if the board chooses to vote on it that way or change it to be introduced tonight
and act on it at the next meeting and become effective 20 days after that.

       The Town Attorney recommended introducing it as you normally would then to
motion to adopt it as an emergency Ordinance if you choose to do so needing at least 3
affirmative votes.

       Ms. Breder gave a brief description of the Ordinance concerning the Lower Ferry
Pier and Transient Dock noting that section 61-24 would be added to Chapter 61 Parks
Town Meeting Minutes
June 5, 2012
                                           - 17 -

and Playgrounds. The section would be Lower Ferry Pier and Transient Dock created for
the purpose of establishing rules and regulations for the use of the Lower Ferry Pier and
Transient Dock; providing penalties for violations; providing for the enforcement of the
rules and regulations and the issuance of citations for violations; and matters generally
related to the use of the Lower Ferry Pier and Transient Dock.

MOTION was made by Commissioner Brown and seconded by Commissioner Linkey to
approve Ordinance 2012-4 as an Emergency Ordinance. Discussion ensued.

       Commissioner Dawson questioned some of rules, such as number 5 in Section C
where it states that a boat cannot berth more than 24 hours at a time at the transient dock,
and number 1 in Section B references sunrise and 11 p.m.

        Commissioner Brown noted that 11 p.m. references the pier for those not using
the transient dock and the 24 hours is for the transient dock.

       Commissioner Dawson questioned why the dock can only be used between March
15 and November 30.

        Commissioner Brown stated that we have a bubbler system that needs to be
installed to protect the pier from ice and we do not want boats out there during that time,
which is basically the same time that we pull our dock at our boat launch.

       Commissioner Dawson questioned where the rule preventing gas grills from being
used came from, if it was the State or DNR.

        Commissioner Brown replied that it is a liability issue and it is in the Ordinances
of other Municipality Pier Ordinances which is where we obtained a lot of this

       Commissioner Ryan questioned number 5 in Section C where it references the
town would decide if a request is made to berth at the transient dock more than 24 hours;
he questioned who would actually be making that decision, if it would be Denise or us.

         Commissioner Brown stated that someone would have to be appointed as that
person. The reason for putting it in the Ordinance was if we were holding an event that a
boat comes that is part of the event there may be a need for them to stay more than one
day; it should be for a special reason.

MOTION was made by Commissioner Brown and seconded by Commissioner Linkey to
approve Ordinance 2012-4 as an Emergency Ordinance.
Town Meeting Minutes
June 5, 2012
                                          - 18 -

Role Call on the Motion was made
Commissioner Brown –yea
Commissioner Linkey-yea
Mayor Eberhardt- yea
Commissioner Ryan-yea
Commissioner Dawson-nay

Four in favor, 1 nay: Motion Carried.

Planning and Zoning Appointments-

        There are two vacancies and two applications were received for serving on the
Planning and Zoning Board and Mayor Eberhardt noted that Henry Barrett had expressed
interest in moving from the Board of Appeals to serving on the Planning and Zoning
Board prior to receiving these two applicants.

MOTION was made by Commissioner Brown and seconded by Commissioner Linkey to
appoint Henry Barrett and Erik Donald to the Planning and Zoning Board and ask Mr.
Souder if he would take Mr. Barrett’s place on the Board of Appeals. Discussion ensued.

       Discussion ensued regarding the application process and notification to the
residents of openings on the boards; it was on the web site, facebook and bulletin board.

MOTION was repeated with Commissioner Brown in favor and the rest of the board
nays. Motion Denied.

MOTION was made by Commissioner Linkey and seconded by Commissioner Dawson
to appoint Larry Souder and Erik Donald to the Planning and Zoning Board. Four in
favor: 1 nay (Commissioner Brown).

Corporate Banking Resolution’s 2012-12, 2012-13, 2012-14, 2012-15

       Mayor Eberhardt noted that there are 4 Corporate Banking Resolutions on the
agenda for approval recognizing the Mayor and Commissioners as signers, one is for
PNC bank and three are for NBRS.

      Ms. Breder reminded the board that Resolution 2012-14 & 2012-15 were opening
new bank accounts to support the amendment to the spending of the Local Impact Grant
Spending Plan.
Town Meeting Minutes
June 5, 2012
                                          - 19 -

MOTION was made by Commissioner Linkey and seconded by Commissioner Dawson
to approve Corporate Banking Resolution’s 2012-12, 2012-13, 2102-14, 2012-15. All in
favor: Motion Carried.

Budget Amendment Resolution 2012-16-

        Ms. Deaner noted that a budget amendment was needed to remove the old AC unit
in the Town meeting room and install a new unit to replace it.

 MOTION was made by Commissioner Linkey and seconded by Commissioner Brown
to approve Budget Amendment 2012-16. All in favor: Motion Carried.

Health Insurance Options-

        Cathy McCardell summarized some of the various options given for the Town
Employee Health Plan and broke it down into other percentage options, other than the
70/30 which we currently have, after the Work Session per Commissioner Linkey’s
request. She noted that some of the information included in the packets is individual
employee’s health insurance and what they currently are getting and she is asking that this
not be shared publicly. Cathy noted that Rachel had increased the F/Y budget 15% for
the Health Insurance cost, giving us a balance of $271,857 to work with. She provided
three plan options for what we have now with the 70/30 split with Coventry PPO, current
plan proposal #1 with the 1,500/3,000 deductible, would be a 17% increase, proposal #2
with the 2,000/4,000 deductible is a 7.5% increase, proposal #3 does not have a
deductible, she is recommending plan #2 with the 70/30 split, with the Mayor and
Commissioners paying the deductable which the budget already covers. She also
included for review amounts that employees would pay with a 75/25 split and an 80/20

MOTION was made by Commissioner Linkey and seconded by Commissioner Dawson
to approve proposal #2 Health Insurance Plan with the 70/30 split for F/Y 2013. All in
favor: Motion Carried.

Charter Amendment Resolution 2012-01

       Ms. Breder read the introductory paragraph of the Charter Resolution: A
Resolution of the Mayor and Commissioners of the Town of Perryville, Maryland to
amend the Charter of the Town of Perryville to alter requirements for publication of
summaries of ordinances of the Town of Perryville; altering the maximum allowable
penalties for a violation of a town ordinance that is a misdemeanor; removing certain
obsolete language relating to appeals; removing certain provisions relating to municipal
infractions that are provided for by state law and providing that the issuance, service,
Town Meeting Minutes
June 5, 2012
                                          - 20 -

administration, processing and adjudication of municipal infractions shall be as provided
and regulated by state law; and generally relating to revision of provisions of the town
charter relating to town ordinances and their enforcement.

        Mr. Sussman, the Town Attorney, had made the recommendation to remove much
of the language relating to Municipal infractions in Section C4 -5 B. He stated that State
Law Article 23, section 3 regulates in detail the Municipal infraction process and the
Municipality does not have the ability to alter that process. The language in the Charter
was put in many years ago at the time when Municipal infractions were first created by
the General Assembly, which have since been substantially amended, modified, and
expanded which is why he is recommending this language covered by the State be

       Ms. Breder stated that this would have to be advertised 4 times at weekly intervals
and will become effective 50 days after adoption; this would be if this was no petition of
referendum was filed.

MOTION was made by Commissioner Linkey and seconded by Commissioner Brown to
approve Charter Amendment Resolution 2012-01. All in favor: Motion Carried.

Ordinance 2012-3 Article XV Signs

        Mayor Eberhardt stated that a Public Hearing was held earlier on changes to the
sign Ordinance with no comments from the public; but recommendations were made from
staff regarding changes to the Ordinance prior to next Town Meeting.

       Mr. Sussman noted that you will introduce this Ordinance tonight and at the next
Town Meeting several amendments will be prepared to amend the Ordinance in
accordance with recommendations from the staff.

        Ms. Breder read the introductory statement regarding the Town Sign and Signage
Regulations as follows: An Ordinance concerning Town Sign and Signage Regulations
for the purpose of revising regulations regarding signs and signage contained in the Town
of Perryville Zoning Ordinance; defining certain terms; altering the number of allowable
signs on multiple frontage properties under certain circumstances; altering the duration
that certain signs may remain in place; authorizing the use of electronic message signs
under certain circumstances; requiring certain insurance for signs that overhang public
ways; regulating the placement of signs in certain public rights-of-ways; generally
relating to the regulation of signs and signage in the Town of Perryville.

        Mr. Sussman commented that the board will decide at the next Town Meeting if
they choose to adopt any or all of the amendments made by staff to the Ordinance and if
so will consider the Ordinance as amended.
Town Meeting Minutes
June 5, 2012
                                           - 21 -

Ordinance 2012-5 Brush, Weeds, and Grass Enforcement

        Ms. Breder also had this written as an Emergency Ordinance in the event that they
chose to adopt it as such. She summarized it as a Brush, Weeds, and Grass Enforcement
for the purpose of modifying certain procedures for the enforcement of regulations
relating to brush, weeds and grass in the Town of Perryville; and matters generally related
to code enforcement in the Town of Perryville.

       Mayor Eberhardt noted that that the primary reason for this Ordinance was to
reduce the time frame for people to comply with the regulations. Situations have been
occurring now and this would allow for items to be acted on now instead of waiting until
summer is almost over.

MOTION was made by Commissioner Brown and seconded by Commissioner Linkey to
adopt 2012-5 as an Emergency Ordinance. Discussion ensued.

       Commissioner Dawson referenced section 30-3 and inquired if we currently are
allowed to go on people’s property and cut their grass, he thought it was more for
foreclosed properties.

       Mr. Sussman replied that we can if properly notified; it is done all over the place.
The Government has the right to go on the property and clean it up and impose a cost on
the property owner and those costs can be a lien on the property.

       Ms. Breder noted that a lot of time it is foreclosure properties and when the
property goes to settlement is when we are able to collect the debt.

        Commissioner Dawson inquired if there was any reason why the time for notice
can’t be reduced even further from 7 days to 3 or 4 days notice.

        Mr. Sussman noted that you must give them reasonable notice and 7 days is after
the date of the written notice, which may be a couple of days before they get it.

       Commissioner Ryan brought up concern on adopting this particular Ordinance as
an Emergency Ordinance since we do at least have current rules regarding this and with
the new pier Ordinance there were none.

       Ms. Breder, in talking sidebar with the Town Attorney, requested to withdraw her
request for it to be adopted as an emergency Ordinance to clarify some of the language in
the Ordinance and if there is anything else that needs to be changed we can make that
change between now and the next Town Meeting.
Town Meeting Minutes
June 5, 2012
                                           - 22 -

       The original motion to adopt Ordinance 2012-5 as an Emergency Ordinance was
presented again. 2 in Favor (Commissioner Brown and Commissioner Dawson, 3 nays
(Commissioner’s, Linkey and Ryan and Mayor Eberhardt. Motion failed.

       Mr. Sussman noted that since the motion failed to adopt the Ordinance as an
Emergency Ordinance it has been introduced and you can bring it to next months Town
Meeting with the amended version removing the Emergency Ordinance language in it and
changing the effective date to the normal 20 days after adoption with the addition of some
possible other clarifying language.

     Discussion ensued on some of the options available placing it on next month’s
Town Meeting Agenda.

MOTION was made by Commissioner Linkey and seconded by Commissioner Ryan to
place Ordinance 2012-5 on next month’s agenda for further action. All in favor: Motion

Ordinance 2012-6 Code Enforcement

        Ms. Breder read the introductory paragraph summarizing the Code Enforcement
Ordinance to be introduced. An Ordinance concerning Code Enforcement for the purpose
of modifying certain duties and responsibilities for enforcement of certain Town codes
and Ordinances; authorizing certain persons to issue municipal infraction citations under
certain circumstances; and relating generally to code enforcement in the Town of
Perryville. She noted that it removes the Town Administrator as Code Official and
designates the Director of Planning and Zoning as the Code Official, who can receive
assistance from the Town Administrator, Town Code Enforcement Officers, and Town
Sworn Law Enforcement Officers. In the absence of the Planning and Zoning Director
the responsibility would be the Town Administrator’s.

       Commissioner Brown asked what provisions our Police force has to issue these
various citations.

        Chief Wernz replied that they use uniform citations from the Town or Civil
citations from District Court and we write in what code or item it is they are violating.

MES Contract for Wastewater Sampling, Analysis, and Regulatory Reporting

       Ms. Breder stated that MES is currently doing this service for the Town and had
asked for further clarification on their services through this agreement on who is
responsible for what. It also establishes budget approval deadlines, cancellation
provisions and termination clauses.
Town Meeting Minutes
June 5, 2012
                                      - 23 -

MOTION was made by Commissioner Linkey and seconded by Commissioner Brown to
approve the MES contract. Discussion ensued.

       Commissioner Ryan inquired about some background information of the sampling
process to which Ms. Breder provided.

MOTION was carried forward, All in favor: Motion Carried.

MOTION was made by Commissioner Linkey and seconded by Commissioner Brown to
adjourn the June 5, 2012 Town Meeting at 9:57 p.m. All in favor: Motion Carried.

Respectfully submitted,

Jackie Sample,
Town Clerk
Town Meeting Minutes
June 5, 2012
                       - 24 -

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