August 4, 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. Ford, Mr. Mayer, Mrs. Clem, Mr. Heinmuller. Also attending the meeting were the Mayor, Chief of Police, Town Engineer, Assistant Town Engineer, Town Attorney and the Town Planner.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, minutes of the July 21 meeting were approved as written.

The Mayor asked Mr. Mayer to make a presentation to Easton Celebrations. Mr. Mayer recognized Mr. Dick Barrow who is President of Easton Celebrations. They asked the members to rise and name themselves. Mr. Mayer read a Proclamation which designated September 1 as Easton Celebrations Day. Mr. Barrow thanked Col. Chase for the police support. He thanked the Town Engineer and the Utilities Commission and the Mayor. Mr. Barrow stated that this started six years ago and this year was the largest crowd ever. He hoped that they could continue. He discussed concerns regarding this year's celebration. Mr. Barrow stated that this also helps a lot of organizations to raise money and discussed this further. Mr. Barrow stated that he appreciated the Proclamation and thanked his committee.

The President of the Council brought Resolution No. 5589 which would abate and/or refund taxes totaling $17,577.90 to the floor.

Mrs. Clem had a question concerning the third section of Resolution No. 5589 and the claim that those persons were not receiving services. The Town Attorney stated that usually these items are handled in annexation agreements. He discussed this further. Mrs. Clem thought that the Resolution should say that in fact, some services are received such as the Fire Department responding and that the Resolution should probably specify which services are not received. The Town Attorney stated that this is often a contractual agreement. He discussed the prior court case. There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Heinmuller, Resolution No. 5589 passed unanimously following a roll call vote.

The President of the Council brought Resolution No. 5590 to the floor which would authorize the execution of required bank signature cards. Resolution No. 5590 was moved for passage by Mr. Ford, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 360, AN ORDINANCE OF THE TOWN OF EASTON PROHIBITING THE DRIVER OF A MOTOR VEHICLE FROM OPERATING, OR PERMITTING THE OPERATION OF A SOUND AMPLIFICATION SYSTEM IN A CERTAIN MANNER UNDER CERTAIN CONDITIONS AND SPECIFYING A CIVIL PENALTY FOR VIOLATION to the floor.

The Town Attorney stated that the purpose is to dovetail with the General Assembly action which would specify that if the sound could be heard within fifty feet, it could result in a $50 fine. He discussed problems with the State Law which would take effect October 1. This action would become effective in August and expire September 30 and bridge the gap. The President of the Council questioned if any sound monitoring equipment would be necessary. The Town Attorney stated that it would only require being able to hear with your ears fifty feet from the source. The President of the Council asked if individuals could bring charges. The Town Attorney stated they could and this would require them to serve as witnesses. The President of the Council asked if there were any questions.

Mrs. Clem asked if the Town received a lot of noise complaints. Col. Chase stated that they did and discussed this matter. The Mayor reported that he had one moving vehicle wake him at 4:00 A.M. on a Sunday. Mr. Mayer stated that he gets these complaints all the time on Goldsborough Street. The President of the Council questioned whether this action had to occur on a highway. The Town Attorney stated that it must occur on a public road. He discussed examples. The Town Attorney stated that these laws often become self enforcing. The President of the Council asked if there were any Council comments. There being none, upon motion by Mr. Heinmuller, seconded by Mr. Mayer, Ordinance No. 360 passed unanimously following a roll call vote.

A memo was received from the Town Clerk regarding a request from EBMA to modify their appropriation payments procedure. The Town Clerk explained the current procedures and EBMA's concerns. The Mayor suggested that the matter be left as is with two signatures. Mr. Ed Turner stated that it is a cumbersome process. He stated that two Board signatures are required and it could be a week to track one down. Mr. Turner stated that some vendors have to wait three weeks. He suggested simplicity allowing one Board member's signature. Mr. Ford asked if it would help if two signatures were required for a certain amount in excess such as $500 or $1,000. Mr. Turner stated that he felt the best approach was 1/12 or a draw down quarterly. Mrs. Clem stated that her organization always requires two signatures. She stated that it is often a matter of planning and working together or possibly adding names to streamline the approval process on EBMA's side.

Mr. Heinmuller questioned whether EBMA uses a purchase order system. Mr. Turner stated that he was not sure what Mr. Heinmuller was asking. Mr. Heinmuller discussed requisitions or purchase order systems where signatures are obtained in advance. He stated that even the Town of Easton does not allow department heads to do what Mr. Turner has requested.

Mrs. Clem stated that good internal control is for everybody's protection.

The President of the Council stated that he would like to see it remain the same or change to Mr. Turner plus one Board member if that was agreeable. The Mayor stated his desire was to have two Board signatures. The Town Clerk advised that he could do whatever the Council desired.

A motion was made to allow Mr. Turner to sign with one Board member by Mr. Mayer, seconded by Mr. Ford and carried.

A memo was received from the Town Clerk regarding the Mid-Shore Cable TV funding. The Town Clerk briefed the Council on the $5,000 prior year allowable draw down which was met. The Town Clerk stated that any additional funding would require Council action. The Mid-Shore Cable Television memo was discussed.

Mr. Ford questioned what the source of this funding could be. The President of the Council stated that it could come from the Contingency Fund. The Mayor stated that it could come from the Contingency or some where else. The consensus of the Council was to prepare the same agreement except for the dates and instructed that a resolution be prepared for the next meeting.

Mrs. Clem discussed hearing very positive comments on Mid-Shore Cable Television and the impact on the community as well as improvements in their service. Mrs. Clem discussed concerns over their sound. Mr. Mayer discussed equipment which has become obsolete. Mr. Mayer stated that the Council needs to know sooner so that plans can be made during the budget process. He stated that he would like more in depth information.

Mr. Chip Eaton, President of MCTV discussed sending the letter requesting matching funds. He discussed at length prior funding from Easton Utilities and the Town of Easton and the cost of various equipment. He also discussed his desires to go into digital equipment. Mr. Eaton thanked the Mayor and Council as well as Ellen and John General for the facility usage.

A letter was received from Judge James C. McKinney, Administrative Judge of the District Court requesting additional designated parking spaces for the District Court in Easton. The President of the Council stated that the contract allowed for five spaces for the District Court and now the Judge would like nine.

Mr. Ford questioned if a person was on jury duty, is there a mechanism for that person not to pay a ticket? The Mayor stated that parking all day long only costs $2. He discussed problems with the change in locations. He stated that there are two sides of the story and in this it revolves around free parking versus sticker parking. The Mayor stated that the Judge had indicated that he would try the white stickers. The Mayor stated that if the Council is looking for suggestions, he would suggest not allowing free parking except for the Judges. The President of the Council discussed precedent and the idea of the County lot. Mr. Ford stated that he is not without empathy for the employees. He stated that he is more concerned with the jurors.

The Town Attorney stated that there are two issues. He stated that one is created by juror parking which is not a Town problem but instead, a County problem. The Town Attorney stated that Judge McKinney is talking about something else which concerns a misunderstanding between State and negotiators and the parking allowed. The Town Attorney discussed the issues and stated that the Town of Easton does not reserve parking typically. The Town Attorney stated that Judge McKinney thought this would be free space. Mr. Heinmuller stated that Mr. Grunden and Mr. Kehoe kept the Council informed of negotiations and issues. Mr. Heinmuller stated that it would be unfortunate if Judge McKinney felt that he had missed the opportunity to discuss what went into the negotiations. He stated that the Town had made a deal with the State and this should be stuck to. If this was to be re-opened, it would put a burden on everybody. Mr. Heinmuller stated that he has no desire to issue free permits since the Court does not share fines.

The President of the Council questioned if this matter should be left as is. Mr. Heinmuller made a motion to leave the contract as negotiated with a second by Mr. Mayer and carried.

Mr. Tim Dills was present to discuss his proposal for the extension of Bay Street. Mr. Dills stated that he was not sure what generated the idea in the first place. He discussed Talbottown's feeling. Mr. Dills discussed problems of geometry and the destruction of a nice street if the extension of Harrison Street were to occur as EBMA planned. Mr. Dills discussed backups now and potentially other traffic stacking issues. Mr. Dills stated that EBMA's proposal does not address the West and Bay Street intersection congestion problem. He discussed traffic lights, etcetera. Mr. Dills discussed the idea that he came up with which would take Harrison Street through the old Yale building property with possible landscaping and signage. Mr. Dills discussed having to acquire property at West and Bay Streets which is available but there would be a large amount of money required to purchase that. Mr. Dills discussed a resulting land package that the Town would own if his proposal was adopted. Mr. Dills stated that Safeway had no objections to this plan but they would like to have modest expansion. He discussed Safeway's concern further. Mr. Dills stated that Harrison Liquors likes this plan and would very seriously consider architectural modifications. He discussed Talbottown's impacts. Mr. Dills stated that there was no accidents for fifteen months at the intersection of Harrison and Washington Street which he had seen. Mr. Dills discussed his conversations with land planners and traffic engineers. He questioned three things that the Council should consider on the Bay Street extension. The first consideration is whether it is a good plan. The second concern is whether it is possible to do and the third concern is if there is a realistic cost benefit to the project.

Mr. Ford stated that the Comprehensive Plan is the official birth of the Bay Street extension concept. The Town Planner stated that the Comprehensive Plan does not show a closing of Harrison and Washington Streets.

Mr. Dills discussed a possible banning of left turns in the vicinity of Talbottown and his problems with than. He stated that his tenants do not like that idea. He discussed the impact of a possible reversion of Harrison Street back to Talbottown. Mr. Dills discussed his commitment to remaining tied to the downtown.

Mr. Mayer questioned delivery options to Safeway. Mr. Dills discussed the cautious responses from Safeway and their desire for some expansion.

Mr. Ed Turner stated that an EBMA committee has been working hard for the last couple of years and was almost ready to come before the Council and they would like to see Mr. Dills' plans. Mr. Dills gave Mr. Turner a copy of his plans and asked to see EBMA's plans. Mr. Turner stated that he would provide them. Mr. Dills thanked the Council.

Ms. Rose Miles was present on behalf of the Easton Volunteer Fire Department, Inc. She passed out their report and stated that they would like more representation at the Fire Board meeting. Mr. Ford promised to be there.

The Mayor invited the audience to Mr. Robert Potter's retirement celebration following fifty years of service from the Town of Easton on August 7 at the Avalon Theatre.

The Mayor stated that the District Court dedication would occur August 14 and invited all to attend. The Mayor discussed the interest in the building across from the Town Office and stated that he will update the Council on this later.

Col. Chase reported that the Union Baptist Church wants to have the Choir On The Lawn on August 10 and he asked that Glenwood and Clay and Glenwood and Hammond Street be blocked from 4:15 P.M. until 8:30 P.M. on that date and recommended approval. Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, the blocking of the streets was approved.

Col. Chase discussed the request of the First Baptist Church for their Vacation Bible School to block certain areas on August 22 from 7:30 P.M. until 9:00 P.M. He also recommended this. Upon motion by Mrs. Clem, seconded by Mr. Ford and carried, permission was granted. Mr. Mayer asked that insurance be verified.

Col. Chase discussed a letter to the Mayor from the Governor's office. He discussed the approved Save Our Community Grant in the amount of $88,650 with a Town match of $22,162. Col. Chase discussed the officers assigned and the locations. Col. Chase stated that the Mayor must sign this and commented that this would be the third year for the grant. He also asked approval to obtain through Talbot County Emergency Management Services a dictaphone type telephone call recording unit which would be paid for with Federal funds. He discussed this further. The cost would be $11,700 and would save the Town money. The Chief asked for permission to pursue this celtronic recorder. Upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, permission was granted.

Col. Chase stated that he must leave the meeting due to a very important call.

The Town Attorney discussed the Rails-to-Trails project and stated that it is near completion.

Mrs. Clem questioned what the date would be for completion and questioned if there would be a grand opening. The Town Engineer stated that the East End Neighborhood Association held an event and the Town has not planned to do one but it could be done. Mrs. Clem stated that she feels this needs the acknowledgment and publicity. The Town Engineer discussed this.

Ms. Rosemary Garrett suggested September 1 to coincide with the Easton Celebrations Day. The Town Engineer stated this could be done. The President of the Council stated that there should at least be a ribbon cutting ceremony.

Ms. Libby Dawkins questioned when the trail would be completed to the new park at the other end of Town. The Town Engineer stated that this was an issue for the Council at some future date. He discussed public input previously and the compromise which was reached. Ms. Dawkins talked about biking becoming a large industry. Ms. Dawkins argued that the Council should do what is best for the children. Mr. Heinmuller stated that the trail looks great and discussed wonderful benefits of the trail.

Mr. Larry Smith questioned what would be permitted on the trail other than walking and biking. The Town Engineer discussed the elimination of motorized items. He stated that skateboards and roller blades would be allowed. Questions and answers continued on allowable forms of transportation including handicapped and seniors as well as reasons for exceptions.

The Town Engineer briefed the Council on the FERC cases. He stated that the State is looking at the retail access activity. The Town Engineer asked for an Executive Session to discuss contracts.

Mrs. Clem discussed some months ago a question which arose over Holly Road lighting. The Town Engineer stated that he was sure something was done and asked that he be allowed to check his notes.

The President of the Council discussed the South Beechwood Association.

Ms. Libby Dawkins asked for a study of the traffic and parking problems near Thoroughgood Lane. She discussed parking there now and the problems which exist. The Town Planner stated that Dover Arms tenants are out in the street temporarily due to construction. Ms. Dawkins discussed at some length exiting out onto Thoroughgood and the problems and wanted to know if the study was done. The President of the Council stated that it was not but it would be.

Ms. Donnie Seaton stated that she lives close to South Street. She discussed noise problems and asked if something could be done to alleviate the noise in the vicinity of South. Ms. Dawkins discussed this matter further and stated that it had been a problem since 1970. Mr. Willey stated that the Council had heard these complaints dozens of times. He stated that they are stymied by legalities, etcetera. He stated that the Police Board needs to hear these matters and ask the people to call the Police Department to report problems. He discussed the passing of the noise ordinance tonight and stated that hopefully, that will help. Ms. Dawkins discussed this matter again.

The Town Attorney discussed litigation with E.S. Adkins and stated that the case had been resolved by the temporary easement but the Board of Public Works declined to sign that. He stated that they then changed their mind and the matter is resolved.

The Town Attorney asked for an Executive Session to discuss real estate.

Mrs. Clem asked whether the draft county Alcohol Beverage License Ordinance would be discussed. Mr. Willey stated that he wanted to ensure that the Council heard these matters and that the comments be in by Tuesday, August 12. Mrs. Clem asked for a work session to review this. Mr. Ford stated that he was interested and asked for a copy of the existing document. The President of the Council set a workshop meeting for Monday, August 11 prior to the Fire Board meeting. This meeting will occur at 6:30 P.M. at the Firehouse.

The President of the Council reminded all present that a request had been received from the Lutheran Church to adjust parking. He asked that this be considered during the next Police Board meeting.

Ms. Rosemary Garrett stated that she thought it was wonderful that the Council had passed the noise ordinance. She discussed measurements from her house and the noise which she felt would not be covered under the ordinance. She discussed the Super Soda Center appeal of the liquor license application and stated that this was extremely important.

The President of the Council asked if there were any audience comments. Ms. Carolyn Jaffee stated that the Idlewild Park Concert series was continuing on Wednesdays in August. She stated that August 13, the Teacher's Jam was not on the calendar nor was August 27 with Bittercreek.

The President of the Council acknowledged the Boy Scouts presence.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried following a unanimous roll call vote, the Council went into Executive Session at 9:05 P.M.

The President of the Council declared the Executive Session closed at 9:40 P.M.

Mr. Mayer made a motion to supply four off street parking permits over the contracted amount to the District Court, seconded by Mr. Ford and carried.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 9:41 P.M.

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Town Clerk