October 6, 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, Town Engineer, Col. Chase, Assistant Town Engineer and Town Attorney and Mr. Otis Sampson, Chairman of the Easton Park Board.

The meeting was opened with prayer by Mr. Mayer.

Mr. Mayer moved approval of the minutes of September 15 and September 18, 1997 meetings. Mr. Ford asked that the minutes be corrected to reflect that Resolution No. 5596 was seconded by Mr. Ford. Mrs. Clem seconded the motion to approve the minutes as corrected. There being no further discussion, the minutes were approved with corrections.

The Mayor and Council presented a Proclamation honoring the Blake Blackstone Sons of the American Legion Post and Squadron 77 Color Guard for their National Championship for the second year in a row. The Mayor stated that the Town would hang the National Championship Flag during the Waterfowl Festival.

The President of the Council introduced Sister Karen Marie Kazokas who is the new reporter at the Star Democrat.

Mr. Cary Malkus of the Upper Shore Aging was present to address the Council about their program. He thanked the Council for the opportunity to discuss their programs. Mr. Malkus discussed the scope of the program within Talbot County. He stated that they started in 1986 with one van. Since then, they have moved to 24 vehicles in Talbot County. He stated that they experienced 12 to 24 percent growth per year. He stated that this is the best kept transportation secret in the County. He stated that they have reached 140,000 trips; 1/3 of which are in this area and they drive in excess of 1.5 million miles. Mr. Malkus discussed growth in Easton and planned growth. He discussed specialized transportation and their normal operating hours. He brought up the idea with Mr. Hamilton of looking at different forms of transportation within Easton. Mr. Malkus stated that the demand form that they currently provide is expensive and stated that they are looking at whether a fixed route transportation method would be more efficient within the Town of Easton. He asked the Council to get involved. He stated that he would like to hear from the wards as to what would be preferred. Mr. Malkus asked whether the Mayor and Council thought it might be time to proceed with a fixed route scenario and asked for suggestions on how he should go about it.

The President of the Council questioned U-Star's funding. Mr. Malkus stated that it was a combination through the Mass Transit Administration from the Federal Government. He stated that Maryland supplies transportation assistance funding. He stated that the combination of fares and contracts makes up the difference. Mr. Malkus stated that they do receive some help from the counties. The President of the Council asked if there were age limits involved. Mr. Malkus stated that part of the service is public transportation on an available basis. He stated that the grant stipulates whatever the customer deems important is what they must provide.

Mr. Malkus asked for Council questions. Mrs. Clem questioned whether Mr. Malkus was proposing to supplement existing transportation they provide or replacing it with fixed routes. Mr. Malkus stated that they can not replace some due to ADA requirements for example. Mrs. Clem discussed the need to determine route hours, etcetera and fees. Mrs. Clem questioned whether Mr. Malkus is proposing within Easton only. He stated that he was here more for advice versus proposing. He discussed this further. Mrs. Clem stated that Mr. Malkus was in fact looking for some sort of needs assessment. He stated that this was correct. Mrs. Clem questioned whether he was looking for interest. Mr. Malkus stated that he needs the understanding of the Council of whether they want to entertain the idea or provide information.

The President of the Council stated that until recently, most were unaware of the program. He asked for statistics to use as a start basis. Mr. Malkus stated that he could provide those statistics based upon the zip code and he would break down what information he has and provide it to the Council. Mr. Malkus stated that they moved greater than 16,000 people within this zip code last year.

Mrs. Clem stated that she has not received calls about not having transportation and that this is a beginning.

Mr. Ford stated that questions concerning transportation were asked with some frequency during the visioning process.

Mr. Heinmuller discussed convenience comments received during the Waterfowl Festival related to transportation. Mr. Malkus stated that the Town has a system now where people don't know about U-Star for transportation purposes. He discussed accomplishing and questioned what the Council and the Mayor would like. Mr. Mayer stated that Mr. Heinmuller's father, while serving on the Council, studied this matter eight to ten years ago. He stated that the conclusion was that the Town was not ready at that time but since, the Town has grown.

The President of the Council stated that they need facts and figures, to and from, time of day and details. He thanked Mr. Malkus for coming.

Willard C. Parker, II, Esquire, representing Glebe Venture LLC was present. He stated that his client had called and asked him to explain their position. He discussed purchasing the property adjacent to Black & Decker from Mr. Sam Freeland. He discussed the critical area set asides and the Resource Conservation areas. He discussed appearing before Planning and Zoning. His client thought it would be useful for him to appear before the Council. Mr. Parker stated that he and the Town Attorney have talked. His client brought the property with the idea of developing it in the County in a low density manner. He discussed the land types and this often driving the need for water and sewer or other maximum use reasons. Mr. Parker stated that Glebe Venture does not need water and sewer and proposes 19 lots of approximately 2.1 acres or greater. Mr. Parker discussed a consultant who previously worked for the Department of the Environment who is the guru of Eastern Shore and determined if it is possible to use the domestic sewage classification. Mr. Parker stated that the Mayor's concern over industrial waste won't occur. He discussed two levels of approval for sewage. Mr. Parker discussed residential sewage, business sewage and domestic sewage under COMAR. He stated that there would be no industrial processing. He discussed very low density which would be similar to 40 houses on 110 acres. He discussed the business occupying the properties and industries discharging waste.

Mr. Parker stated that the Town Attorney has invited the owners to bring their parcels into the Town but his client does not wish to come in. He stated that they do not need water and sewer and they wish to remain in the County. He stated that they do not wish to be subject to personal property tax. Mr. Parker thinks that this project presents lots of benefits to the Town. Mr. Parker stated that Mr. Kehoe indicated that the Town is determined that this will be developed within the Town and that he and the Town Attorney agree that no judge could force this parcel into Town. Mr. Parker stated that the Town and his client should not write legal fee checks which would merely delay that which is going to occur. Mr. Parker stated that not one member of the Planning and Zoning Commission expressed any real interest to have this parcel in the Town. When they were approached, he stated that one objection was raised by the Town Attorney before the County Planning and Zoning. The objection was that this would create some sort of enclave on the Town's boundary. Mr. Parker discussed why he felt this was a flawed analysis due to other adjoining properties. He stated that this is not similar to the Crofton situation. Mr. Parker stated that before the Council decides on legal action, he wanted to come before the Council and ask for questions.

The President of the Council asked for questions.

Mr. Heinmuller stated that he had two questions. The first concerned the availability of water and the use of wells by lot. Mr. Parker stated that there would be individual wells by lot. Mr. Heinmuller discussed concern over adequacy of water for firefighters. Mr. Parker discussed stormwater ponds. Mr. Heinmuller questioned how long development rights are given away in the adjoining properties referred to by Mr. Parker. Mr. Parker stated that these rights are given away in perpetuity.

Mrs. Clem thanked Mr. Parker for coming.

The Mayor questioned the idea for the type of business. Mr. Parker stated that he did not know but he thought that these would be commercial or excavating, etcetera, type business.

The President of the Council thanked Mr. Parker for coming.

The Town Attorney stated that concerning a point and counterpoint scenario, that as the Council Members know, the Town has done more than ask the clients of Mr. Parker to come in. The Town has offered to extend water and sewer at no cost. He stated that this could be reviewed but for the public, a few points need to be responded to. Mr. Kehoe discussed the characterization of the benign nature of the site septage. He stated that it is true that it meets the minimum for domestic under COMAR and it is also true that no mechanism exists other than voluntary compliance so that a subsequent purchaser would not be required to follow that which is represented at this point. He stated that there are two issues; that which occurs immediately and who would occupy the parcels later. He stated that this project has serious planning concerns for the Town. He discussed the adjoining Brooks farm without restrictions. He discussed the Freeland property and the Goldsborough property. The Town Attorney discussed the possibility of interference with orderly and efficient extension of utilities which he termed as very real.

Mr. Ford stated that concerning Mr. Parker's Planning Commission characterization, Mr. Ford stated that he was on the Planning Commission and at the time he was on there, the five members were adamantly opposed to the project without it being included in Town. He stated that he does not know how the current Planning Commission comes down on this issue but he suspects there are concerns.

Resolution No. 5597 authorizing the Town Clerk to abate taxes due totaling $3,575.80 was moved for passage by Mr. Ford, seconded by Mrs. Clem and carried unanimously following a roll call vote.

A memo was received from the Assistant Town Engineer regarding paving contract bids for fiscal year 1998. Mr. Lineberry stated that they had tried to get these out early this year and that Bramble has done great work for the Town in the past as the low bidder. Mr. Lineberry recommended the award be granted to David A. Bramble, Inc.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted to award the 1998 paving contract to David A. Bramble, Inc. for the amount of $197,414.02.

A letter was received from the Waterfowl Festival requesting approval for applications for temporary food concessions during the 1997 Waterfowl Festival.

Upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, permission was granted for these temporary food concessions.

Mr. Lineberry discussed the Harrison street brick sidewalk project. He stated that they had heard from eight owners who were positive and stated that he had only one negative response. Mr. Lineberry stated that the rest have not yet responded. There are eleven total property owners.

Mr. Heinmuller asked if in the past, had the Town provided extended terms and if so, was that included in the proposal? Mr. Lineberry stated that he did not promise or represent that it would happen to the property owners. Mrs. Clem stated that she thinks that the terms need to be extended concerning payment as did Mr. Mayer. Mr. Lineberry stated that the last time, there were larger sums involved; typically two to three thousand dollars and that none of these proposed sidewalks would exceed one thousand dollars. Mr. Heinmuller stated that if the property owner wished to extend the terms, he thought it should be done. Mr. Heinmuller made a motion to allow up to three years for payment, minimum 1/3 per year with 5% interest on the outstanding balance for each year, seconded by Mr. Mayer and carried.

A letter was received from Ms. Mary Ann Shortall, Clerk of the Circuit Court for Talbot County requesting the parking space previously occupied by Judge Adkins of the District Court. Mr. Mayer stated that he could not vote on this issue; he is employed by the Shortalls and he suggested the matter be referred to the Police Board for recommendation. The President of the Council suggested the request by Ms. Shortall be referred to the Police Board as well. Mr. Heinmuller stated that in his eyes, what has been requested is a private parking place for an elected official of the County. He stated that this has not been done before except for judges and he would prefer to return the space to the general public with the same two hour parking limitation. Mrs. Clem commented along the same lines. She stated that each merchant owner or employee would prefer a space in front of the store. Mrs. Clem stated that she did not think that elected officials should have parking privileges and that there is a certain place for court people to park. Mrs. Clem discussed the handicap space which was assigned for the former State's Attorney and questioned whether it was still needed as well as the two police spaces. Mrs. Clem stated that she believes there is a greater need for the citizens for parking. Mr. Mayer stated that maybe the entire issue at the courthouse should be looked by the Chief of Police. Mr. Ford agreed with Mrs. Clem that the elected officials should not be provided with special privileges. The President of the Council referred the matter to the Police Board with the knowledge of the feeling of the Council.

The Town Attorney discussed briefly the history of the judges parking and concerns over security which caused changes to be made and the signage involved.

A letter was received from Mr. Mac Morrell, Chairman of the Easton Planning and Zoning Commission regarding the Bay Street extension proposal submitted for recommendation. The President of the Council read the letter. The President of the Council stated that this matter needs to be tended to and that it had been going on for some time. He suggested a charette the first week of December and directed advertisement. Discussion followed on the location of the charette and appointment of a leader which should happen in the next week or so.

A memo was received from Assistant Town Attorney, Karen Ketterman, regarding portable basketball appliances and how these matters had been dealt with by other municipalities. The suggestion was made to keep these memos handy since this matter will come up again.

A memo was received from the Mayor with an invitation from Dr. Meek to tour the recently renovated Easton High School. After discussion on the concept, it was decided to set the date in the future.

The President of the Council referred to the Maryland Municipal League bulletin which discussed the 1999 Fall Legislative Conference. He stated that he would like the Town to bid and he thinks that a letter requesting a bid package should be generated.

Mr. Ken Bush was present on behalf of Easton Volunteer Fire Department, Inc. He stated that he had distributed the statistics tonight. He discussed the Second Annual Smoke Detector Distribution and Check on Saturday, October 25. He discussed activities related to Fire Prevention Week.

Mr. Ford questioned whether the smoke detector program was partially funded by the Mid Atlantic Maritime Festival. Mr. Bush stated that he believed that was correct.

The Mayor reminded everyone that the Prayer Breakfast tickets are available for $10 each. He stated there is a very good speaker scheduled.

The Mayor discussed the intersection on Glebe and Route 322. The Mayor stated that there have been a lot of problems with BB guns and destruction and stated that the Town Council may want to consider an ordinance. Col. Chase stated that he thought that was a good idea. The Town Attorney stated that he will present prior information on this subject to the Town Council.

Mr. Heinmuller suggested the possibility of notification of the Police Department when BB guns are purchased.

The Mayor stated that he had one item for Executive Session.

Col. Chase discussed pellet pistols and BB pistols. He discussed the Gun Stopper Program. Col. Chase discussed a call on Route 50 where there appeared to be a 9mm pistol in a vehicle with juveniles. Col. Chase discussed having to release the juveniles and they did charge one adult and one juvenile for damage to a business where a BB gun looked like a 9mm. Col. Chase discussed a call near the Tastee Freeze where a pellet pistol looked like a 9mm with night sights. Col. Chase stated that these guns look like the real thing and could be disastrous if pointed at the wrong person. Col. Chase reported on a request from PFC Miller to retire Duke which is the K-9 and stated that PFC Miller would like to keep the dog as a pet. He needed the Town Attorney to draft papers which would absolve the Town from any responsibilities subsequent to retirement of the K-9. Mrs. Clem questioned if any detraining was involved. Col. Chase discussed the need for dogs to re-train and the need to cancel a license from Maryland State Police.

Mr. Heinmuller stated that as he recalled, there was no charge for the dog but there were charges for incidental equipment. Col. Chase stated this was correct and discussed the minimal loss.

Mr. Mayer moved approval of the request to allow retirement of the K-9 pending the necessary paperwork from the Town Attorney. Mr. Mayer's motion was seconded by Mr. Heinmuller and carried.

Col. Chase discussed a meeting he and the two Lieutenants attended where Bell Atlantic gave the department one cell phone and one beeper. He stated that Bell Atlantic will pay for the services for community policing.

Col. Chase suggested that Halloween be set for Thursday, October 30 between 6:00 P.M. and 8:00 P.M. instead of October 31 due to the amount of people who are typically in town on Friday evenings. Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, permission was granted to change trick-or-treat to October 30.

The Town Engineer discussed his appreciation of the paving bid award. He discussed curb and gutter work in the vicinity of St. Albans. He stated that they are preparing for the Waterfowl Festival. On the Utilities side, he stated that he had testified before the State Task Force. The Town Engineer stated that he is working on the gas supply contract realignment and that the FERC has not ruled on this matter yet.

The Town Engineer discussed Mrs. Clem's concern during the last Council meeting about brass connectors which have been determined to be rarely seen in the Town of Easton.

The Town Engineer discussed the PJM restructuring on hold.

Mr. Heinmuller stated that he had seen a flyer for a traffic calming conference at the University of Maryland. Mr. Lineberry discussed similar programs.

Mr. Ford reported that the former St. Aubins/Wrightson intersection appears to have the barricade forcing pedestrians into the neighbor's lawns and asked that this situation be looked at.

The Town Attorney stated that he had two items for Executive Session concerning potential litigation.

The President of the Council reminded everyone that October 20 was the Mayor's Prayer Breakfast and that October 23 is the Annual Joint Meeting with the Easton Utilities Commission. The President of the Council asked that an update be provided on the next meeting on the Volunteer's Reception.

Mrs. Clem discussed a request she had received from a lady on August Street for Children At Play signs. The Town Engineer stated that none had been placed in his memory by the Public Works Department. The Town Attorney suggested providing the previous analysis concerning this issue.

Mr. Lineberry reported that the same lady's follow up request was for a 15 mile per hour speed limit sign. He stated that this will be looked into.

Mrs. Clem discussed trash cans and the Rails-to-Trails project. She wondered if labor from correctional facilities could be used to police the area for trash and if this matter could be cooperative and coordinated. The Town Engineer reported that the Rotary has volunteered to extend periodic trash cleanup efforts along the Rails-to-Trails. Mrs. Clem stated that she knows there are supervision and insurance issues but the Warden has indicated that he would like to work with the Town on this issue.

The President of the Council asked for audience comments.

Mr. Otis Sampson, Chairman of the Park Board, discussed possible scenarios to keep the trash under control on the Rails-to-Trails.

Ms. Libby Dawkins, 11 Thorogood Lane, discussed a distressing experience and suggested that any elected or employee should be required to refrain from writing letters in defense of criminals. Discussion followed over the circumstances referred to.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote, the Town Council went into Executive Session at 8:46 P.M. to discuss potential litigation.

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

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

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Town Clerk