July 7, 1997

The Town Council of the Town of Easton met today at 7:07 P.M. The meeting was called to order by the President, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were the Mayor, Assistant Town Attorney Mrs. Ketterman, Assistant Town Engineer Mr. Lineberry, the Chief of Police, the Director of Parks and Recreation Mr. Roger Eareckson and the Town Planner Mr. Tom Hamilton.

The meeting was opened with prayer by Mr. Heinmuller.

Minutes of the June 16 and 17, 1997 meetings were moved for approval by Mr. Mayer, seconded by Mr. Ford and carried.

Mr. Bill Westphal of EBMA was present to discuss banners. Mr. Westphal stated that his purpose in discussing this with the Council tonight was that this was an opening salvo and he did not expect action tonight. He stated that there are two issues. The first would be the establishment of a policy or a request to the Planning office to use banners on public rights of way. The second would concern the purchase by the Town of certain banners. Mr. Westphal discussed installation of brackets on the light poles on Harrison Street two years ago. He discussed the fifteen poles.

The Town Planner stated that the Town has never allowed banners. He discussed the history of this. The Town Planner stated that the Zoning Ordinance prohibits this entirely and it would require an amendment to that Ordinance. He discussed The Shoppes at Easton being in violation and his attempts to get them to comply with the law which he described as cooperative.

Mr. Westphal stated that one example of a banner could be a replica of the highway clock at Route 50. He stated that he is here at the request of the board of EBMA and various committees. He discussed possible uses including Waterfowl Festival and other occasions. He asked the Council for suggested questions for the boards.

The President of the Council stated that the conversation fits in with the balloon advertisements on Route 50 and perhaps there are tweaks needed to the Zoning Ordinance.

The Town Planner stated that the Planning Commission is preparing to take action on these issues. He discussed the types of banners and the issues involved in detection particularly on weekends. The President of the Council stated that four years ago, the Council allowed decorative flags. He discussed taste issues and time frames.

Mr. Mayer stated that he has seen these types of banners in various locations around the state. He felt they were appropriate when tasteful. He thinks it should go to Planning and Zoning for them to take a look at. Mr. Westphal stated that EBMA would be willing to be a clearinghouse and he stated that they have done the sign on Route 50 for a fee.

Mr. Ford added that he agreed that the banners which are currently displayed at The Shoppes at Easton are not distasteful. He stated that the only reason banners are not out is that they are illegal. Mr. Ford discussed concerns over the amount of banners and the visual clutter if these are allowed. He discussed restrictions as suggested such as the Harrison Street poles on Town property which are controlled by the Town.

Mr. Westphal offered EBMA assistance in deciding the specifications.

Mrs. Clem stated that she is conservative on this matter and that the Ordinances have served the Town well. She discussed other areas of the Town. She stated that she supports Mr. Ford's statement.

Mr. Westphal stated that he believes the Town Center's business people are predominantly conservative.

Mr. Heinmuller discussed his experiences owning a gas station with flags which he felt brought in traffic. He thinks that the banners on the light poles are positive. He stated that the problem is the payment of these by the Town. He discussed actions which are necessary and stated that he would support legislation to allow these banners.

The President of the Council asked the Town Planner to get this matter started through the Planning Commission and other appropriate avenues.

The President of the Council brought Resolution No. 5585 to the floor which would abate and/or refund taxes totaling $3,597.30. Resolution No. 5585 was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5586, A RESOLUTION OF THE EASTON TOWN COUNCIL ADOPTING THE 1997 TOWN OF EASTON COMPREHENSIVE PLAN@ to the floor and asked for questions.

Mr. Mayer stated that as he understands it, if the Council passes this legislation tonight, the Comprehensive Plan can be changed later. The Town Planner advised that was correct. Mr. Mayer discussed concerns over development rights and transfers. The Town Planner discussed this matter and stated that the discussion matter is not a recommendation under the plan.

Mr. Ford moved Resolution No. 5586 for passage, seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

The President of the Council asked the Assistant Town Attorney Mrs. Ketterman to discuss Ordinance No. 356, AAN AMENDED ORDINANCE OF THE TOWN OF EASTON AMENDING THE TOWN CODE BY ADDING SECTION 18-13 TITLED 18 TO PROHIBIT THE PLACEMENT OF PORTABLE BASKETBALL BACKBOARDS ON PUBLIC RIGHTS OF WAY WITHIN THE TOWN OF EASTON@ and Ordinance No. 356 (Version No. 2). Mrs. Ketterman discussed the change removing the line referring to injuries which have occurred. Mrs. Ketterman stated that Version No. 1 would prohibit the placement of portable basketball poles on paved streets and alleys. Version No. 2 would prohibit the placement or the use on any public land or property. Mrs. Ketterman advised that No. 2 is more restrictive.

The President of the Council asked for any questions.

Mr. Heinmuller questioned Version No. 2 and stated that if the player is on the street but the backboard is placed on private property, this would be prohibited. Mrs. Ketterman advised that it would be. Mr. Heinmuller questioned Version No. 1. Mrs. Ketterman advised that it was virtually the same language as had been previously discussed at a prior Council meeting. Mr. Heinmuller stated that he is concerned if the backboard is placed on private property and then play occurred in the street, would a $100 fine be imposed? Mrs. Ketterman stated that was the charge for a first offense. Mr. Heinmuller discussed the $100 basic municipal infraction cost. He also discussed problems collecting from ten year old children and stated that the backboard cannot be confiscated under this ordinance. He stated that he has a problem with the proposal. He stated that it would be possible for someone to drink beer in public, urinate in public and receive a $90 fine whereas a child playing basketball could be charged $100. He thinks that is crazy. He thinks this is a bad law.

Mr. Willey asked if there were any other comments.

Mr. Heinmuller questioned Col. Chase if he had a choice he preferred between Version 1 and Version 2. Col. Chase stated that he preferred Version 1. Mrs. Clem questioned the reason. Col. Chase stated that this was a safety factor. He discussed problems if the Town allows play in the streets and he did not think the children should be playing basketball in the streets.

Mrs. Clem discussed the scenario where there is an alley within the neighborhood with a net and a pole on private yards and questioned whether this would be prohibited. Mrs. Ketterman advised it would be prohibited under Version 2.

Col. Chase again stated that he has a problem with children playing anything in the road. He discussed liability issues and safety factors.

The President of the Council asked if there were any other Council comments.

Mr. Ford stated that he has no idea what to do with this ordinance. He discussed what should be done with the kids when the Chief of Police is saying this is a safety issue. Mr. Ford stated that this is almost like outlawing being a kid in Town. He stated that he might be willing to support this if alternatives were presented with other public courts.

The Mayor stated that he is working on basketball courts in Moton and off West Street as well as Idlewild Park. He stated that they are trying to place additional basketball facilities in those three locations.

Mrs. Clem discussed this further including the need within neighborhoods versus at specified parks. Mrs. Clem stated that she is all for getting children out of the streets but wrestles terribly with where they should play when there are no facilities provided by the Town in many areas.

Mr. Mayer stated that he believes that the Town has a responsibility for safety in the street. He stated that he had asked questions at the MML convention and found that many municipalities have outlawed placement of portable basketball sets in public streets. He stated that he felt it was okay if the set was on someone's own property. He stated that his idea was to cause the portable basketball sets to be used around the yards. He discussed problems with others having quiet enjoyment of their property when these poles are moved around. He discussed the safety concerns and stated that he realizes this is a terribly hard decision.

The President of the Council asked for action on Amended Ordinance No. 356 in this instance, meaning Version 1. Mr. Mayer moved Ordinance No. 356, AAN AMENDED ORDINANCE OF THE TOWN OF EASTON AMENDING THE TOWN CODE BY ADDING SECTION 18-13 TITLED 18 TO PROHIBIT THE PLACEMENT OF PORTABLE BASKETBALL BACKBOARDS ON PUBLIC RIGHTS OF WAY WITHIN THE TOWN OF EASTON@ for a first reading. Amended Ordinance No. 356 failed due to lack of a second.

Amended Ordinance No. 356, Version 2, AAN AMENDED ORDINANCE OF THE TOWN OF EASTON AMENDING THE TOWN CODE BY ADDING SECTION 18-13 TO PROHIBIT THE PLACEMENT OF PORTABLE BASKETBALL BACKBOARDS ON STREETS OR ALLEYS WITHIN THE TOWN OF EASTON@ was moved for rejection by Mr. Mayer seconded by Mr. Heinmuller and was rejected unanimously following a roll call vote.

The President of the Council stated that the Town is back to where it was and that this matter needs to be looked at further.

A recommendation was received from the Local Government with candidates to serve as members of the Board of Trustees for a three year term beginning July 1, 1997. Mr. Mayer moved approval of the candidates as proposed, seconded by Mr. Heinmuller and carried.

A memo was received from the Mayor nominating Mrs. Clem to replace Mr. Heinmuller on the EBMA Board of Directors due to Mr. Heinmuller's resignation. This term will be for one year. Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, the appointment was approved.

A letter had previously been received from ClassWorks Dance Studio requesting that the Town allow the lease which is scheduled to run through July, 1998 to cease July 15, 1997 due to a need to move to a larger facility. The Mayor reported that the Town Attorney felt that this could occur and that the Town could look for another tenant.

Mr. Ford questioned the phrase in the letter Areturning to its previous condition.@ The Town Clerk explained the terms of the lease where the tenant would have to restore the building to the condition it was received and the various modifications which had been made by ClassWorks Dance Studio in the building.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted to cancel the lease pursuant to the request.

A memo was received from the Assistant Town Engineer regarding the District Court Parking Lot. Mr. Lineberry discussed the District Court project and parking aspects which had been considered and addressed. He discussed the usage and the attempt to try to recover expenses. After discussing with the staff and the Mayor, the suggestion was to install parking meters on the lot which was just reconstructed. Mr. Heinmuller questioned whether this would be eight hour meters. Mr. Lineberry advised they would be. The Mayor discussed Mr. Bradley of the County Council offering a County parking area which would help relieve some of the pressure in that vicinity.

Mr. Ford questioned whether usage of the County lot would impact this lot. The Mayor stated that it would and discussed the movement of the County employees to the County lot. Discussion followed on the issue.

Mr. Ford discussed concern with a free lot next to the metered parking. The President of the Council stated that the President of the County Council, Mr. Bradley, advised that the other lot would be free for County employees only.

Mr. Lineberry advised that a white all-over parking permit would be allowed for the metered spaces proposed.

The President of the Council asked for the Council's pleasure. Mr. Mayer moved acceptance of the suggestion to install the meters, seconded by Mr. Heinmuller and carried.

Mr. Phil Curry was present on behalf of the Easton Volunteer Fire Department, Inc. He passed out statistical reports and discussed them. Mr. Curry stated that Mr. Terry Satchell, EMS, had asked that the matter of the ambulance parking in front of the Dixon House be brought to the Council concerning the problems encountered. Mr. Lineberry advised that he will handle that matter. Mr. Curry reported that at the State Fireman's Convention, the Easton Volunteer Fire Department had received nine trophies including the ABest Appearing Company, Overall@ and stated that he will provide a list of the categories the Easton Volunteer Fire Department received trophies for.

The President of the Council stated that he was most appreciative of the efforts of the Fire Department during the recent thunderstorms and the response at The Green's where a lightning strike created a large fire. Mr. Heinmuller discussed the County's desire to burn down the house adjacent to the jail if clearance could be obtained. Mr. Curry advised that he would discuss this with Mr. Faulkner, the Chief of the Easton Fire Department. The Mayor discussed environmental problems which he had become aware of which may prevent this and stated that this was owned by the County and they are exploring other options.

Mrs. Clem discussed the recent Tri-Gas & Oil, Inc., burning and thought it might be worthwhile to check how they were able to accomplish it.

The Mayor stated that he had received the resignation from Mr. Roger Eareckson effective September 1. He asked the Council to accept this resignation and authorize the filling of the position. Mr. Mayer moved acceptance with great regrets, was seconded by Mrs. Clem and approved. The Mayor discussed Mr. Eareckson's accomplishments during 15 years and offered thanks from the Town of Easton.

The Mayor discussed the Character Counts signs which are proposed for placement in the Idlewild Park Pavilion with an estimated cost to the Town of $900. The Mayor suggested that it come out of the Mayor's Account or the Contingency Account. Mrs. Clem questioned the total cost. The Mayor stated that $900 was the Town's portion and the other half would be paid for by Mr. Allen's program, Character Counts.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted to expend the money and place the signs.

The Assistant Town Engineer Mr. Lineberry reported that the Town paving will be finishing in the next few weeks. He discussed the District Court project briefly.

The President of the Council questioned the traffic control signs at Thread Haven and the response. Mr. Lineberry stated that he has not heard the responses for that.

Mrs. Clem questioned progress on the Shelter Development issue. The Town Planner discussed the need for access easements. He stated that they are reviewing plans and anticipate this to occur before winter.

Mr. Heinmuller questioned backfilling at Idlewild.

Col. Chase reported that on June 29, the Hemsley Lodge had their activities with no complaints or problems. On July 1, the HotSpot Committee went to the State House and Talbot County was awarded $107,150. On July 4, the Easton Celebrations fireworks and other activities occurred with no complaints or problems. The Chief reported that today, the jury convicted Mr. Herman Green of first degree murder.

The Chief of Police reported a request of Elder Frank Johnson of 410 Glenwood Avenue to hold a revival on July 26 between 2:00 P.M. and 6:00 P.M. on the Town lot behind the Police Department and recommended approval. Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted.

Mrs. Ketterman asked if any of the Council members had any questions. There were none.

A note was received from Mrs. Armistead which advised that the first draft of the Talbot County Liquor Licensing Regulations will be mailed by the end of the week.

The President of the Council asked for audience comments.

Mr. David Cadell discussed his issues relative to lot 26 of Carlton Business Park. He reminded the Council that in December 1995, Mr. and Mrs. Passyn cleared an area to run utilities. He stated that last July, he was before the Council requesting help. He stated that to date vegetation had not been restored from the Passyns from 18 months ago. He stated that the utility easement had been opened since then. The President of the Council stated that on the utilities issue, he thought this matter had been cleared up and he thought that the Town was holding a bond to take care of this. Mr. Lineberry discussed the utility rights and additional right of ways. Mr. Lineberry discussed the Corp of Engineers' rulings on what can and can not be vegetated in wetlands. He discussed this matter in detail and stated that the Corp of Engineers has directed what will be done in this instance. Mrs. Clem questioned whether Mr. Cadell had been notified directly by the Corp of Engineers. The President of the Council questioned what the Town can do. Mr. Cadell stated that he felt that the characterization over simplified his issues. He discussed clay and wetlands problems. He discussed things that could be attempted. Mr. Lineberry stated that the Corp of Engineers wants the naturally occurring vegetation to return. Discussion occurred over contacts by the Corp and what necessary work was required.

The President of the Council stated that Mr. Passyn has some work and that the Town has some work. He thinks this can be taken care of and hopes that Mr. Caddell will not have to come before the Council again on this matter. Mr. Lineberry stated that he will have the Corp of Engineers contact Mr. Cadell directly.

The President of the Council invited any other audience comments.

Mr. Phil Curry stated that on behalf of Easton Celebrations, he thanked the Town, the Police Department and Utilities Commission for their support and asked that appreciation be passed on for support. Mr. Mayer seconded these sentiments and discussed the help provided by the community. Mr. Curry stated that there were thousands of people who attended the event, not hundreds as the Star Democrat reported. Mr. Mayer thanked Easton Community Televison for the live feed which he felt helped to draw people out to the event. Mrs. Clem stated that she thought it appropriate for the Council to write a thank you for a job well done. The President of the Council suggested a Proclamation.

Mrs. Clem stated that the MML Convention was her first opportunity to attend. She stated that it was a delightful experience with wonderful workshops and was extremely well done. Mr. Mayer stated that Mrs. Clem was a speaker in her first time and he had received many positive comments on her contribution.

Mr. Heinmuller stated that during his experience at the MML Convention, he learned about many issues related to the Y2K (the year 2000 problem with computers). He asked the Town Clerk to form a committee to look at this issue including the Utilities Commission. He made this into a motion, seconded by Mr. Mayer and carried.

The President of the Council stated that the portable basketball courts, road hockey, skateboards, etcetera, will not go away and that the Council will need to address these matters since they are here to stay. He asked for the input of the Town Attorney. Mr. Mayer suggested looking at what other communities have done. Mrs. Clem stated that she wanted to hear from young people.

The President of the Council asked if there was anything else from the audience.

Mr. Eareckson stated that he had appreciated the Mayor submitting his resignation and discussed his regret at having to submit his resignation. He stated that the job is growing faster than a part time job. He thanked the current and previously elected officials. Mr. Eareckson thanked the Mayor for the exciting time which is coming in the next couple years for parks and recreation. He discussed quality of life issues. He thanked Mr. Lineberry and the Town Engineer and the Public Works Department as well as the Town Planner and the Planning and Zoning Commission. Mr. Eareckson discussed the Park Board's eagerness to address issues such as the portable basketball type issues. He discussed the input by the East End Neighborhood Association. Mr. Eareckson stated that Easton Celebrations had been great for the community and thanked them. Mr. Eareckson discussed the pool and the cooperative efforts with the County. Mr. Eareckson stated that he was excited and happy to be a part of this over the years.

There being no further business, upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, the meeting was adjourned at 8:31 P.M.

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Town Clerk