Chesapeake Beach council adopts critical-area and property-maintenance ordinances, confirms appointment amid public challenge

Chesapeake Beach — The Town Council on Aug. 21 approved two ordinances intended to clarify local code on property maintenance and to align the town—s critical-area zoning with state requirements, adopted a charter amendment changing the regular council-meeting start time, approved several municipal purchases and staffing programs and voted to appoint Daniel Duvall to fill a council vacancy after public comment raised procedural concerns.

The actions came after 15 minutes of public hearings and a full council meeting that ran into the evening. Resident Chris Martinez urged the council to delay or reconsider the appointment process for the vacancy, saying the process had a "possible procedural error" that gave one candidate an unfair advantage. Martinez said the packet posted online contained five resumes but not a resume for the council—s nominee and argued that omission created an uneven review process for candidates. "He did not complete the application in its entirety, yet he was still allowed the interview," Martinez said.

The council debated Martinez—s concerns during the meeting. The mayor read a staff legal summary noting that the town charter and code do not prescribe a single mandatory process for filling a council vacancy and that the council was not required by charter language to use a particular interview or resume format. After brief deliberation, the council voted to appoint Dan(iel) Duvall to the council and administered the oath of office that night.

Why it matters: The critical-area ordinance implements changes required by the Maryland Critical Area Commission and state law and affects how the town manages growth allocation and wetlands-related development. The appointment dispute drew public attention to the town—s written vacancy procedures and prompted council members to say they will consider clarifying charter or code language for future vacancies.

What the council approved

- Ordinance O-25-11 (Property maintenance): The council approved language clarifying Chapter 200 (Property Maintenance) to make explicit that the town code prohibits accumulations of stagnant water and other conditions that contribute to mosquito breeding. Town staff said the change was intended to make enforcement more straightforward after an earlier, narrowly written draft proved hard to apply. Motion to approve carried unanimously (vote recorded as unanimous in meeting minutes).

- Ordinance O-25-12 (Critical area overlay and growth allocation): The council approved amendments to Chapter 290 (Zoning), Article 4 (Overlay and Floating Districts) to conform the town code to the Maryland Critical Area Commission—s updated requirements. Planning staff told the council the amendments incorporate a state-mandated update; staff also explained a correction to growth-allocation math that reduced an earlier, erroneous figure. The vote to adopt the ordinance was unanimous.

- Charter Amendment Resolution CAR-25-3: The council amended the town charter language that fixed the start time of regular council meetings. After discussion and a small amendment to set a consistent 6:30 p.m. start time for regular meetings (while preserving the council—s ability to change meeting times by majority vote with notice), the council approved the charter amendment unanimously.

- Appointment: The council voted to appoint Daniel Duvall to the town council to fill a vacant seat. The formal appointment vote passed after the public comment period and deliberations; the mayor then administered the oath of office.

- Reappointment: The council reappointed Chris Smith to the Planning & Zoning Commission for a five-year term; the motion carried.

- Procurement and programs: The council approved purchasing a 2024 model public-works truck to replace a 2009 vehicle (staff noted the truck is in stock and under budget), authorized participation in the Maryland Rural Water Association wastewater-operator apprenticeship program for plant trainees, and the mayor approved a $13,275 expenditure from plant capital for differential pressure gauges (the mayor said he had authority to approve that amount without a council vote).

Council discussion and public-comment highlights

Public comment before the council votes focused primarily on the appointment process. Martinez outlined five facts he said created an uneven process, including that the posted agenda packet included five applicants— resumes but not a resume for the nominee. He urged the council to pause the appointment or to consider other options, saying the process could be perceived as "possibly quid pro quo."

Council members and the mayor responded that the town—s charter and code do not prescribe detailed resume formats or a single binding appointment workflow. The mayor read a legal summary explaining the council—s discretion under the existing charter language and called the current vacancy procedure "for the purpose of gathering information for the council's benefit." Several council members agreed Martinez had raised points worth clarifying in the future; one motion to table the appointment for further review failed for lack of a second.

Critical-area update and growth allocation

Planning staff and the town attorney explained the growth-allocation numbers during discussion of O-25-12. Staff said a previously circulated figure of 144 acres reflected what could have been issued under earlier calculations, but that Calvert County had actually issued 100 acres to the town; a subsequent staff math error had also affected the earlier published number. The ordinance text incorporates the state-mandated critical-area changes and a corrected growth-allocation total. Staff advised the council the town must submit its program updates to the Maryland Critical Area Commission and comply with new state deadlines.

Other business of note

- Town Administrator: The administrator reported that Beach Elementary School—s new tennis/pickleball courts are nearing completion and flagged progress and an agreement under legal review with the developer of Richfield Station concerning unpaved roads to Block S.

- Public works and utilities: Public works reported three water-main breaks in Richfield and proactive field work; staff said the town will pursue targeted saddle replacements. The town demonstrated a customer-facing meter portal (AquaHawk) that would let residents monitor usage and receive alerts; staff said integration with the town—s Tyler billing system remains the most time-consuming step.

- Wastewater plant: Plant staff described routine maintenance, filter work scheduled for late August and problems with a replacement pump gateway controller; staff said the plant is operating on two of three pumps while technicians resolve a controller issue. The council approved joining Maryland Rural Water—s wastewater apprenticeship program to train plant operators.

What—s next

Council members said they will consider drafting clearer charter or code language for appointing council members to avoid similar disputes in the future. Planning staff will proceed with the critical-area submission to the state commission and follow the timelines for required updates. The town will continue work on Richfield Station public-works issues and on water-meter portal integration.

Ending

Council members described the meeting as productive and said staff would return with any clarifying language or reports needed for follow-up. The new council member, Daniel Duvall, was sworn in at the meeting and took his seat immediately after the vote.