September 2, 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 and Mr. Heinmuller. Also attending the meeting were the Mayor, Chief of Police, Assistant Town Engineer, Town Attorney, Town Engineer, Assistant Town Planner, Director of Parks and Recreation Mr. Mike Morse and the Town Planner.

The meeting was opened with prayer by Mr. Heinmuller.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, minutes of the August 11, August 18 and August 27, 1997 meetings were approved as written.

Ms. Ann Kemp, President of the Queen Anne Place Townhouses/Condo Association was present to address the Council. Ms. Kemp read her letter which she sent to the Town Council on January 28 regarding the Gussin Public Hearing. Ms. Kemp questioned the entrance which originally was on Aurora which has now been changed to Thorogood Lane. Ms. Kemp expressed concern over the impact on their parking area and access to Thorogood Lane.

The President of the Council asked for Council comments on the parking.

The Town Engineer stated that his office had responded with contacts and with the changes proposed in the Resolution tonight concerning parking. The Town Planner stated that there had been no parking study. He discussed this matter. The Town Planner displayed drawings and discussed the changes.

Mr. Ford discussed the proposed changes regarding No Parking and stated that he thought this would help the situation.

Ms. Kemp stated that she supposed those changes would help but expressed concern over backing out onto Thorogood Lane.

The President of the Council stated that as he recalls at the Public Hearing, one of the major concerns was trash collection. He stated that he was not sure the Council could affect now that the developer has addressed those issues. The Town Planner stated that the project is currently underway; a permit has been issued and the contractors have started building.

Mrs. Clem discussed a call she received from Geoff Longfellow from Thailand expressing concern in regards to the fence. The Town Planner stated that as he recalls, a stockade fence will be extended from the existing fence. He stated that they are following all requirements as planned.

An unidentified lady in the audience discussed vehicles parking on the west side of the street all the way to Dover Street and asked if it could be painted yellow to prevent parking directly on the intersection. The Town Engineer stated that he believes the Town Ordinance is fifteen feet. He stated it can be painted to back people up and he will verify the spacing. Mrs. Clem questioned when this could be accomplished. The Assistant Town Engineer stated that it could be done tomorrow assuming it is not raining.

A second unidentified lady discussed 32 cars accessing Thorogood Lane and her concerns. Mrs. Clem stated that the President of the Condo Association had asked for a traffic study but none was done therefore the Council could not provide that.

Mrs. Kemp questioned if the study was planned. The Town Engineer answered that it was not. Mrs. Kemp suggested that if a study was completed, it should be accomplished during the busiest time of the day.

Mr. Ford stated that he thought it would be appropriate after construction, to look at the traffic and consider a traffic study if it was deemed necessary at that time, since the street would have returned to some normal functioning levels.

Mr. Mayer questioned whether Thorogood was currently a two way street. Ms. Kemp stated that it was. Mr. Mayer questioned that if necessary, would a one-way street make the residents upset. He was answered that they would not be upset.

The President of the Council stated that he assumed that the ladies with Ms. Kemp are residents. Ms. Kemp introduced Ms. Spann, Ms. Lee and Ms. Cheston.

An unidentified lady stated that she did not think any of this would be an issue if the exit was on Aurora Street. The President of the Council stated that the residents would have visitors if they don't mind; to observe the situation.

Ms. Libby Dawkins stated that she was at the meeting and noticed when the changes were made removing the exit to Aurora Street. She questioned what the procedure would be when plans change after the Public Hearing. Mr. Ford stated that he had been Chairman of the Planning Commission at that time. He stated that ads were run in the paper with the agenda. He stated that those are not necessarily a public hearing in the sense of a Council meeting. Ms. Dawkins questioned the procedure further.

The Town Attorney stated that he thinks at the public hearing before the Town Council, there was criticism received. He stated that the Council approved the construction plan subject to certain conditions. This matter was then referred back to the Planning Commission to go over the fine details and stated that these actions occurred at public meetings. Ms. Dawkins discussed her concerns raised during the public hearing. She stated that the parking study apparently fell through the cracks. She discussed the Dover Arms parking problem. Ms. Dawkins stated that it was never publicized that there would be a change. He discussed her density concerns in detail.

Mr. Heinmuller stated that typically names and addresses are recorded when speaking to the Town Council so that Council members or others can follow up.

The President of the Council stated that Resolution No. 5591 had been tabled from the last Council meeting and asked for comments. Mr. Mayer moved Resolution No. 5591.

Ms. Libby Dawkins, 11 Thorogood Lane, stated that the Town Engineer and the Assistant Town Engineer came by to examine the traffic in the vicinity. She discussed her concerns over increases in the traffic on the west side of Town. She discussed being told that a golf cart is illegal in the Town. She discussed the elimination of parking on the street or making all one way. Ms. Dawkins discussed the graying of America. Ms. Dawkins stated that she thinks there is a need for a lane on the roads for these elderly people to be independent. Ms. Dawkins stated that perhaps public transportation could be provided with wheelchair lifts. She stated that she believes it is time to give it some thought.

Mr. Heinmuller stated that golf carts can be used on Maryland streets if they can get through the Maryland state registration. He stated that the Town did not say that people could not use these but the State Law would decide the issue due to safety aspects.

Col. Chase stated that this was correct.

Mrs. Clem made a second to Mr. Mayer's motion to pass Resolution No. 5591 which changes parking on the east side of Thorogood Lane from Dover Street to August Street to a No Parking Zone and removes one parking space from the northeast corner of Thorogood Lane and Dover Street. Resolution No. 5591 passed unanimously following a roll call vote.

Ms. Dawkins apologized to Mr. Heinmuller. She stated that she did not make it clear; she was not blaming the Town. She discussed this matter at length.

Mr. Ed Turner, Executive Director of EBMA, was present to address the Council regarding Autumnfest '97. Mr. Turner asked permission for the 3^rd Annual Autumnfest. He asked for permission to bag the meters in front of the Courthouse and decorate the four corners of the downtown.

The President of the Council asked for any Council comments. Mrs. Clem moved approval, seconded by Mr. Mayer and carried.

The President of the Council brought the matter of the Main Street Maryland Application to the Council floor and asked for additional comments.

Mr. Thomas, Assistant Town Planner, stated that he and Mr. Turner had been working to complete the application. He discussed the issues of the funding commitment. He stated that he has not received a call from DHCD to determine if this is a mandatory provision. He discussed this further.

The President of the Council moved Resolution No. 5593, A RESOLUTION OF THE EASTON TOWN COUNCIL AUTHORIZING THE TOWN'S PARTICIPATION AND FUNDING FOR THE MAIN STREET MARYLAND PROGRAM for a first reading and asked Mr. Thomas to get clarification.

Mr. Mayer suggested contacting the Maryland Municipal League for input.

Mrs. Clem stated that the Council had been asked for input and questioned how items E1 through 4 should be handled. She suggested a brief workshop. Mrs. Clem stated that she was hoping to see a completely filled out draft tonight. The Assistant Town Planner stated that the application deadline is the 30^th and the Public Hearing is the 18^th. Mr. Mayer stated that these items could be brought up during the Public Hearing. He discussed this further. The Mayor stated that he has a problem with one area concerning the financial support at 1/3 of the annual budget. He stated that he could not do this without knowing what the budget is. The President of the Council asked Mr. Thomas to have these matters clarified by the next meeting.

The President of the Council asked for a discussion on the Inner Courtyard Task Force findings. Mr. Ford stated that as he sees it, the next step is an Economic Feasibility Study. The President of the Council stated that as he understands it, this was approved in the budget.

Resolution No. 5594 authorizing the Town Clerk to abate and/or refund taxes due totaling $1,771.79 was moved for passage by Mr. Mayer, seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

A memo was received from the Assistant Town Engineer regarding the Harrison and Washington Street sidewalk reconstruction. Mr. Lineberry discussed including matching funds similar to the scenario for the already reconstructed area. He discussed the brick cost at $3.50 per square foot. The President of the Council questioned how the property owners reacted. Mr. Lineberry stated that he felt they reacted well overall. Mrs. Clem questioned whether the property owners have been notified including the cost. Mr. Lineberry discussed the Catch-22 which is notifying the proposed use of brick and then not being able to use it if the Council did not go with that. Mr. Lineberry stated that it is always in the Code & Charter to assess and this has not been done where it has been part of a larger project. Mr. Mayer questioned the scenarios of when this was assessed. Mr. Lineberry discussed some areas not being re-bricked if it is not necessary. The Town Engineer stated that with the central business district, he thought there was a mixed reaction but he felt it was favorable overall. He discussed the majority previously being in favor and suggested that all should be assessed. Mr. Lineberry suggested tabling the concept if the Council could get a consensus on the brick approval and then the owners could be canvassed with the subsequent return to the Council for approval.

The President of the Council stated that he is not comfortable not assessing when previously similar scenarios had been assessed.

Mrs. Clem discussed new sidewalks and neighborhoods being assessed at 100%. The Town Engineer stated that this was consistent but not when done as part of a large Town redevelopment project. Mrs. Clem discussed methods of notification of assessments and concerns. The Town Engineer stated that Mr. Lineberry has offered solutions to get feelings from the Council and canvas the owners. He stated that there will be some dissenters.

Mr. Heinmuller discussed the prior method. He offered two comments. The first was suggesting alternating brick patterns to create interest. The Town Engineer stated that he did not recall that being agreed to but it would cause an increase to the cost. Mr. Heinmuller also asked for a incremental study of the estimate last time to the actual cost. The Town Engineer stated that he did not think that the Town made money but he would like to quantify this aspect. Mr. Mayer discussed the assessment last time. Mr. Willey suggested that the survey be done by the next meeting. The Assistant Town Engineer asked for help from EBMA. Mr. Mark Walsh, President, EBMA, stated that there would be individuals that would be willing to help.

A letter was received from Mr. Mark Walsh, President, EBMA, requesting that their Bay Street project proposal be referred to Planning & Zoning. The President of the Council stated that Mr. Dills' suggestion was also to be referred to Planning & Zoning. The Town Planner stated that this would occur on the third Thursday. The President of the Council also asked the Town Clerk to forward the letter from Ms. Kline and like letters to Planning & Zoning.

Mrs. Clem questioned whether there was other interest on the part of the Council for the charret idea. The President of the Council stated that he would like to see a response from the Planning & Zoning Commission and he anticipated a public hearing. He requested a response from the Planning Commission by the first meeting in October. This matter was discussed further including how charrettes could be integrated. Mr. Dills was present and stated that he has commissioned a traffic study. He stated that a charrette would be impossible by the 18^th. He concurred with taking the plans before the Planning & Zoning Commission for their input.

Mr. Heinmuller stated that he believes the Council has indicated that these matters would be looked at concurrently with the State funding issue.

The Mayor thanked everyone who came to the Rails-to-Trails dedication. He discussed this and stated it was very enjoyable.

The Chief of Police stated that he had one request from the YMCA for the Wild Goose Chase on October 26 from 9:30 A.M. to 11:00 A.M. He discussed the route and concerns. He stated that the Police Department has handled this in the past and recommended that the Council grant approval.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted for the YMCA Wild Goose Chase.

The Chief of Police discussed the Law Enforcement Grant Advisory Board which met at noon today. He stated that some of the suggestions were that the $23,000 in overtime be spent in the HotSpot area between 2:00 A.M. and 7:30 A.M. He discussed security at the High School and talks to students.

Mrs. Clem stated that concerning portable basketball issue, she has received only four to five phone calls. She requested that the Police Department keep a log of where the complaints are coming from with details for the next six months or so. She discussed the call she had received. The Chief of Police stated that they would be glad to do so. He discussed the problem with kids playing in the streets near the Mayor's house where he personally observed seven children. Mr. Mayer stated that people are getting the other side of the coin. He discussed letters and concerns which had been raised.

Mr. Ford stated that he is getting input from the other side and questioned why the Town would have to intrude on children's ability to play. He thinks that it is important to act at the end of six months. Mr. Heinmuller questioned the expected report.

The Chief stated that he understood that the Council wanted to know how many calls are received in the next six months. Mrs. Clem stated that she wanted to hear the location, the number, the time, the date. Mr. Ford stated that he would like to hear the nature of the complaint.

The Town Engineer stated that on the Town side, there is utility work proceeding on South Harrison Street. He discussed the Rails-to-Trails dedication and stated that there is more signage, etcetera, on order.

The Town Engineer discussed a drainage problem in the vicinity of Aurora and South Street which will be addressed.

On the Utilities' side, the Town Engineer discussed the Maryland Public Service Commission Retail Wheeling issues and testimony. On the natural gas side, he discussed the stipulation settlement.

Mrs. Clem discussed a complaint she had received in the vicinity of East Avenue concerning flooding. She stated that she asked for the complaint in writing and stated that she would pass it on. Mrs. Clem questioned if a follow up letter had been sent to the Beechwood Association. Mr. Lineberry indicated that he had followed up.

Mr. Heinmuller reported tall grass in the vicinity of Brook Lane.

The Town Attorney stated that he had several items for Executive Session concerning real estate acquisition and three potential litigation issues.

Mr. Ford questioned whether the agenda is advertised and offered the suggestion. The President of the Council stated that the agenda is published and posted on the outside of the Town building. The Town Clerk discussed the Internet accessibility and the Fax On Demand and voice message feature with the new phone system.

Mr. Mayer discussed problems with drinking and broken bottles near the Rails-to-Trails. He asked Col. Chase to redouble their efforts.

Mrs. Clem discussed the Rails-to-Trails and the positive comments she has received. Mrs. Clem discussed questions about the next expansion of the Rails-to-Trails. She stated that it is a wonderful asset. Mr. Heinmuller tagged on Mrs. Clem's comments. He stated that he was in Alaska on vacation. He stated that he walked the Rails-to-Trails when he returned and thought it was marvelous.

Mr. Lineberry discussed an idea for participation of community groups to assist with landscaping. He suggested contacting the Town Engineer's office for these matters. Mrs. Clem stated that she felt it was important for the Town to make suggestions and have an overall theme. Mr. Lineberry discussed the amenities planned and the landscape planning in progress.

The President of the Council discussed his pleasure and displeasure to mark the departure of Ms. Betsy Townsend. He presented a Proclamation from the Town and the Mayor presented flowers to Ms. Townsend. Ms. Townsend stated that she felt it was great to work with the Town and she had enjoyed the experience as well as the area.

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

Ms. Rosemary Garrett, 102 South Aurora Street, expressed her pleasure that the puddle problem is going away. She discussed the library van in the vicinity and stated that the trail is wonderful.

Ms. Carolyn Jaffee, 412 August Street, stated that she is seeing a lot of people on the trail. She discussed the wheelchair people using the trail. She stated that the signs were wonderful and assumed that additional signs were coming. Ms. Jaffee stated that if the Chief of Police would keep track of the basketball complaints, would the Council keep track of their complaints on the same issue as well? The Council members indicated that they would.

Upon motion by Mr. Ford, seconded by Mr. Mayer and carried unanimously following a roll call vote, the Town Council went into Executive Session at 8:38 P.M.

The President of the Council declared the Executive Session closed at 9:28 P.M.

Mrs. Clem quested the U-Star letter. The Town Clerk stated that it is on the list and had not been done yet.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the Council authorized the waiving of the variance fee for the fence issue.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 9:29 P.M.

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Town Clerk