June 16, 1997

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the President, Mr. Willey, with the following members present: Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were Council member elect Mr. Ford, the Mayor, the Town Attorney, Chief of Police, Assistant Town Engineer, Town Planner, Assistant Town Planner and the Director of Parks and Recreation.

The meeting was opened with prayer by Mr. Heinmuller.

Upon motion by Mr. Mayer, second by Mrs. Clem and carried, minutes of the June 2 meeting were approved as written.

The Mayor swore in Mr. John F. Ford to fill the First Ward seat vacated upon the resignation of Mrs. Jones.

The request from Mr. Westphal to have the Town to install banners along Harrison Street was postponed until the July 7 meeting.

Amended Resolution No. 5582, the budget for the twelve month period beginning July 1, 1997 as submitted by Mayor Butler and amended was moved for passage by Mr. Mayer, seconded by Mrs. Clem and carried unanimously following a roll call vote.

Ordinance No. 359, AN ORDINANCE TO PROVIDE FOR THE RAISING BY TAXATION THE AMOUNT NECESSARY TO PAY THE ORDINARY EXPENSES OF THE TOWN OF EASTON AND TO PROVIDE FOR THE PAYMENT OF INTEREST ON THE VARIOUS BOND ISSUES AND THE REDUCTION OF CERTAIN BONDS AND NOTES FOR THE PERIOD OF TWELVE MONTHS AND SETTING THE INTEREST AND PENALTY FOR DELINQUENT BILLS, COMMENCING ON JULY 1, 1997 AND ENDING JUNE 30, 1998" was moved for passage by Mr. Heinmuller, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5584, A RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTION AND DELIVERY OF AN AMENDED LEASE AGREEMENT WITH THE TALBOT COUNTY HEALTH DEPARTMENT FOR OPERATION OF A FAMILY SUPPORT CENTER ON PORT STREET to the floor. The President of the Council read the title and asked whether the Council was prepared to ask questions which had been deferred from a previous meeting. There were no questions. Resolution No. 5584 was moved for passage by Mr. Mayer, seconded by Mrs. Clem and carried unanimously following a roll call vote.

A letter was received from Col. Chase, Chief of Police recommending the appointment of persons to the Local Law Enforcement Block Grant Advisory Board as required by the grant. The President of the Council asked the Chief of Police for a run down. The Chief of Police discussed the persons who were being appointed; the States' Attorney, Mr. Scott Patterson; Dr. George Malless, Talbot County Board of Education; Ms. Jane Brown, Crawford Foundation; Ms. Denise Whitely, Juvenile Justice; and himself from the Easton Police Department.

Mr. Mayer stated that this is a blue ribbon committee. Col. Chase stated that it was and it meets the Federal Government standards. Mr. Ford questioned the purpose of the board. Col. Chase briefed Mr. Ford on the grant which had previously been received and the requirements. Mr. Ford questioned whether these people were volunteers. Col. Chase stated that they were. There being no further discussion, upon motion by Mrs. Clem, seconded by Mr. Mayer, the appointments were approved.

A letter was received from Ms. Dot Davis, Marketing Coordinator for H & G Restaurant requesting permission to erect a promotional balloon in celebration of 50 years in business. The Town Planner offered his comments and stated that he could not allow this through the Zoning Ordinance. He stated that this would require an amendment to occasionally allow this or Council approval. He discussed service station requests in the vicinity. He stated that this has never been allowed to his knowledge.

Mr. Ford questioned the balloons which were present at the road race. The Town Planner stated that the Council had approved that and discussed this further.

Mr. Mayer questioned the specific location of the balloons as proposed. Mr. Hamilton stated that he did not know.

The President of the Council asked for the Council's pleasure.

Mrs. Clem stated that she thought this was one reason why the Council should not make exceptions but that if they allow someone to do this for one day who is not in business in the Town, then they should allow someone who has been in business in the Town for 50 years. Mrs. Clem questioned the harm that would be done in this instance. The Town Planner discussed reasons this could cause additional balloons to be placed on Route 50 businesses. Mr. Hamilton also discussed the Citgo balloon which was at the road race and is from an existing business.

Mr. Heinmuller stated that he agreed with Mrs. Clem that it is difficult to say yes for one three day event and no to another. He stated that he would like to re-visit this matter and the statute. He stated that he would be willing to permit the request.

Mr. Heinmuller made a motion to authorize the placement of a balloon, seconded by Mr. Mayer.

Mr. Ford stated that he would like to point out that these requests are a nightmare for the Planning staff and he felt that the Town should support businesses like H & G but not in the case where the balloons would be involved in a price war. He discussed special circumstances in this case.

There being no further discussion, the motion to approve the placement of the balloon was approved.

The President of the Council discussed the letter which was received from Mr. Mac Morrell, Chairman of the Board of Zoning Appeals. The President of the Council stated that he derived from the letter that there was one clear point that the Comprehensive Plan was well thought out and an excellent piece of work.

The President of the Council invited Mr. Lynn B. Thomas, Assistant Town Planner to discuss the Comprehensive Plan. The Assistant Town Planner stated that he had sent a memo to the Council stating that the Council must approve or reject the Plan as the Planning Commission has submitted it. He stated that it could be accepted then modified later as the Council desired. He was not sure of the form of the approval. The Town Attorney stated that he felt this should be approved by resolution. The President of the Council asked that the resolution be prepared.

The President of the Council brought a memo prepared by the Town Attorney regarding portable basketball poles to the floor. The Town Attorney discussed the Chief of Police's concerns and the Town Attorney's concerns with the tabling of the Ordinance previously. He urged the Council to give serious consideration due to the public safety aspect of children playing in the street. Mr. Mayer discussed his concerns of not knowing where the liability of the Town might be. The Town Attorney discussed this and stated that there may be possible liabilities since this has been raised in previous Council meetings. The President of the Council discussed the portion of the Town property that people often consider to be their own in the immediate vicinity of the street. The Town Attorney discussed possible approaches to this issue and stated that it needs to be looked at.

Mr. Heinmuller referred to the first line in Ordinance No. 356 and questioned if there was documentation of the injuries referred to in that line. The Town Attorney stated that he was not aware of any and maybe that language should be stricken. Mr. Heinmuller discussed the ownership of land question and wondered how the officers would know whose property the portable basketball set was on.

Col. Chase stated that his concern relates to the basketball sets that are set up in the street. Mr. Heinmuller stated that he does not have trouble with the language concerning portables or tacking to utility poles and questioned again what the officers were going to do to determine who owned the land.

Mr. Ford pointed out that in the budget just passed, there was a sizeable park funded in North Easton and he thinks that the Town has an obligation to provide basketball facilities.

Mrs. Clem stated that she thinks the Park Board should identify areas to make certain that the opportunities for recreation are available to all. She discussed the circumstances in Ward III.

Mr. Mayer stated that one reason that he brought up this issue was that he did not want to deny use of the property. He stated that the problem with moveable basketball sets is that they are being moved from place to place. He discussed the problem further including children dodging traffic while they play basketball.

The President of the Council stated that this was tabled several months ago. He introduced Amended Ordinance No. 356 for a first reading and a vote on July 7.

The Town Attorney stated there were two issues involved here. The first is where the pole is in relation to the road. He stated that as he understands the Council's opinion, this would not be allowed. The second is that there is not a uniform idea where a pole should be used in the yard. He stated that he would provide a Chinese Menu for the next Town Council meeting.

Mr. Heinmuller stated that Ordinance No. 356 does not change people from playing in the street. He discussed prohibiting people from playing in the road. The Town Attorney discussed what he understood the Council members to say including Mr. Mayer's concerns on this issue. Mr. Heinmuller stated that if the injury language is removed from the Ordinance, will this remove private poles from public property. The Mayor stated that in his view, this was simply a safety issue. He wanted to get people out of the street while they are playing basketball or any other sport.

The President of the Council stated that this will be on the agenda for the next meeting.

A letter was received from the Mayor recommending the appointment of Mr. James McGarrity to the MCTV Board. This appointment will be to fill a term which has become vacated and will end on March 21, 1998.

Upon motion by Mr. Heinmuller, second by Mr. Ford and carried, the appointment was approved.

A letter was received from the Mayor recommending the appointment of Ms. Carolyn L. Jaffee to the Housing Authority for a five year term. Upon motion by Mr. Mayer, second by Mrs. Clem and carried, the appointment was approved.

The President of the Council pointed out that the camera person from MCTV, Ms. Judy Pinsky was celebrating her 51^st wedding anniversary next week and offered congratulations.

There was no representative present from the Fire Department although a report had been distributed with the May statistics.

The Mayor thanked the Council for Resolution No. 5582 and Ordinance No. 359 which concerned the budget for the upcoming fiscal year. The Mayor discussed a MML Action Request which is due by June 27. The Mayor discussed the Eastern Shore Association of Municipalities Dinner and the need for reservations as soon as possible. The Mayor stated that he had submitted the name of Mr. Mac Morrell for the Planning and Zoning Commission due to a meeting which is scheduled this week where only two members are available.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the Mayor's recommended appointment of Mr. Mac Morrell to the Planning and Zoning Commission was approved. Mr. Mayer discussed Mr. Morrell working on the Board of Zoning Appeals for years and stated that this was a good appointment.

The President of the Council asked if there were any questions for the Mayor.

Mr. Mayer complimented the Mayor on his first budget The Mayor thanked the Town Clerk and his staff for the assistance rendered during the budget process.

Col. Chase discussed three events including the Easton Club, the Delmarva 500 and the Rails-to-Trails dedication. He stated that there were no offenses and everything went fine. Col. Chase reported that on June 3, the Mayor signed a State Grant. He stated that on June 12, $77,000 was allotted to the Town of Easton with no match. He discussed the Police Report and asked if there were any questions.

The President of the Council stated it was amazing the number of tickets issued for people traveling in excess of 80 miles per hour.

Mr. Heinmuller reported that Cpl. Wright had attended the Neighborhood Watch party on his own time and thanked Cpl. Wright through the Chief of Police.

Assistant Town Engineer Mr. Lineberry stated that the Town Engineer Mr. Grunden sends his regards. He stated that the Port Street sidewalk is moving as quickly as possible. He discussed trying to look at the future of parking. He discussed the Rails-to-Trails continuing including the storm drain work. The Assistant Town Engineer stated that they have received Idlewild Park equipment and they are trying to schedule erection of that equipment.

Mr. Heinmuller questioned additional insurance by company representative. The Assistant Town Engineer stated that the company representative certifies the assembly.

The President of the Council discussed coordination with Mr. Eareckson.

He drew the Council's attention to a Middle Department letter offering building inspection services and asked for a listing of the pros and cons of that position. Mr. Lineberry offered that someone has been hired that will be functioning as the Building Inspector.

The President of the Council stated that it was apparent that during the Planning and Zoning Budget Workshop that a large amount of the budget was used by a few people. He questioned what should be provided for a given fee and he would like a benchmark of what an applicant should be entitled to for that fee.

Mrs. Clem asked for a fact sheet of what an applicant should be entitled to. The Town Attorney stated that there is a resolution setting fees and that this was amended approximately three or four years ago. He stated that maybe this is where it should be handled. Mr. Mayer stated that it was obvious that some developers are taking a monopolized amount of time.

Mrs. Clem discussed traffic in the vicinity of Dutchman's Lane.

The Town Attorney discussed two matters. The first was the H & G balloon request. He discussed the case by case basis and stated that the Council should not do this on a long term basis. He stated that the Town Planner and the Assistant Town Planner have been looking at the sign ordinances and suggested that this be the place where the matters are addressed.

The Town Attorney asked for an Executive Session to discuss potential litigation.

Mr. Mayer stated that he does not mind looking at certain things case by case.

The President of the Council discussed two dates. The first is tomorrow at 6:30 PM with the County Council and the second is Wednesday at 2:00 PM where the Liquor Board hearing will be held on the Super Soda store in the east end. He stated that he also has a letter of thanks for the Col. where Officer Haddaway and Officer Robinson appeared at Black & Decker to give training.

The President of the Council asked for audience comments.

Mr. Ed Turner, Executive Director, EBMA, invited the Council members to the Farmer's Market grand opening which will be Saturday at 8:00 AM.

Ms. Carolyn Jaffee stated that she appreciates the Mayor and Mr. Willey's letters opposing the liquor license application. Ms. Jaffee asked for letters from the others on a personal follow up. Ms. Jaffee thanked the Police Chief and the officers for the Rails-to-Trails dedication. She discussed this further and thanked everyone involved.

The Mayor thanked the East End Association for their efforts.

Mr. Ford stated that it was an honor to be a member of the Council and he is looking forward to working with all the Council members and the staff.

Mr. Mayer welcomed Mr. Ford. Mrs. Clem welcomed Mr. Ford and stated that she is looking forward to working with him. Mr. Heinmuller echoed the same sentiments.

The President of the Council discussed a distressing matter which concerns the non return of phone calls. He stated that he hoped the memo that the Mayor sent would stop any re-occurrence of this and asked that this matter be reinforced to the staff.

The President of the Council asked for approval to pay invoices totaling $764,374.22. This was made in the form of a motion by Mr. Mayer, seconded by Mr. Heinmuller and carried.

The President of the Council asked if anyone present had anything else.

Ms. Rosemary Garrett offered an example of a Baltimore Liquor Law.

The Town Council went into Executive Session at 8:04 P.M. following a unanimous roll call vote to discuss potential litigation. The President of the Council declared the Executive Session closed at 8:34 P.M.

There being no further business upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, the meeting was adjourned at 8:35 P.M.

____________________________________________

Town Clerk