October 20, 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, Town Engineer, Assistant Town Engineer, Town Attorney, Town Planner, Assistant Town Planner, and Director of Parks and Recreation. Minutes were taken by Rich Warfield in the Town Clerk's absence.
The meeting was opened with prayer from Mrs. Clem.
Upon a motion made by Mr. Ford and seconded by Mr. Mayer the minutes from the October 6 Town Council Meeting were approved as written.
Mr. Tim McNeal addressed the council in an effort to assure the Council members that the Fire Department is actively reviewing its administrative procedures in an effort to introduce checks and balances. They have enlisted the aid of Beatty Satchell and Co. New procedures include:
1. No more signed checks in fire house.
2. There will be a set amount of petty cash available for minor purchases.
3. Nothing will be bought without a Purchase Order signed by someone other than the purchaser.
4. When paying bills- checks are filed with bills attached. The Board of Trustees will see all documents before approving for payment.
5. A review by an independent accountant will take place regularly.
Mrs. Clem thanked Mr. McNeal and suggested that the Department post their new policies regarding bingo payoffs. Mr. McNeal said he had made an announcement during bingo concerning large payoffs having to wait until Monday with no derogatory comments. Mr. Heinmuller thanked Mr. McNeal as well pointing out that there were no Town funds involved. Mrs. Clem noted that it is difficult for fire companies to do internal audits and that they should use these situations to learn. Mr. McNeal reassured the Council that an annual financial review will take place.
Mayor Butler presented a Proclamation to Mr. Dick Allen regarding Character Counts Week October 19 through October 25.
Mr. Dick Barrow addressed the Council regarding the Annual Old Tyme Fourth of July Celebration. Mr Barrow distributed folders containing copies of documents numbered one thru five. He requested the assistance of the Mayor and Council in resolving an apparent conflict that could restrict the celebration next year. Mr. Willey asked that Mr. Barrow speak at the next Council Meeting.
Mr. Ed Turner requested that the Council approve setting aside three parking spaces across from the Town Hall on Friday, October 24 from 6:30P.M. to 8:30 P.M. to assist in loading and unloading children during the free haunted hay rides EBMA is sponsoring. Also, on Saturday, October 25 there will be a free children's show at the Avalon followed by a costume contest and parade. Upon a motion made by Mr. Mayer, and seconded by Mrs. Clem, the request was approved. Mrs Clem inquired about liability and was assured by Mr. Turner that EBMA was adequately covered.
At 7:17 P.M., Mr. Willey opened the Public Hearing to solicit public comment on Ordinance No. 361. The Ordinance was described by Mr. Thomas, Assistant Town Planner, as a package of amendments which he summarized as follows:
4.Sets up standards regarding the placement of towers.
5. Revises site plan review standards. This amendment intends to simplify the review process by requiring more information at the sketch plan level.
6. Resolves an internal conflict regarding commercial vehicles (in this case referring simply to a typical passenger vehicle with trade name or logo) being permitted for individuals who have a home occupation.
7. Deals with a new commercial concept called Abig box retail@. It defines this use and adds it to the Table of Permissible Uses, permitting it only as a PUD. Currently the Town has someone creating a series of landscaping standards to be incorporated.
8. Deals with commercial kennels. This amends the Table of Permissible Uses to permit commercial kennels with Special Exception approval in the CG and I-1 zoning districts.
9. This amendment creates a two-tiered system for review of home occupation uses. It adds a definition for Home-based business which is essentially a home occupation with absolutely no impact on the neighborhood.
Mr. Willey asked that Mr. Warfield copy and distribute a letter received from a citizen that pertains to the Ordinance. The letter arrived in the afternoon from an individual interested in personal kennels. Mr. Hamilton and Mr. Thomas will look at it and can take it to the Planning Commission to see if they want to add it to another series of amendments due out shortly. Mrs. Clem requested that a written response would be forwarded to the letter writer. Mr. Ford suggested that "it should be reported in writing to the Planning Commission@ be added to the simplified Planned Redevelopment process amendment. Also under submission procedure for site plan approval the EVFD should be included in the review process whenever possible. Mr. Hamilton mentioned that Easton Utilities already dictates the spacing; however, Mr. Ford reiterated that the EVFD should be involved whenever possible especially in major subdivisions. Mr. Heinmuller referred to commercial vehicles and asked how school buses are addressed? Mr. Thomas indicated that they were not addressed and did not apply to this amendment. Mr. Heinmuller asked about the county's restrictions on towers. Mr. Hamilton responded that EUC can provide information indicating where they are permitted; however, the Town is encouraging the use of existing towers for additional antennas.
Mrs. Rosemary Garrett, 102 Aurora Street asked about the legality of parking a tractor trailer cab within the Town. Mr. Kehoe responded that Col. Chase recalls that the Council adopted a regulation that forbids this; however, Mr. Kehoe did not recall the outcome of the proposal. Mr. Willey added that he recalls that problems regarding trailers arose that put the proposal on hold.
Mrs. Joyce DeLaurentis stated that she supports efforts to stop "pollution" of visual towers within the sight of residences.
Having no more public comments, Mr. Willey closed the Public Hearing at 7:38 P.M.
Mr. Willey recognized Delegate Addie Eckardt who was making her rounds prior to the upcoming legislative session.
At 7:40 P.M., the President of the Council opened the Public Hearing to solicit comments on the proposed East End Housing and Neighborhood Revitalization Plan. Mr. Thomas described the plan and began by mentioning that there was a good summary in the current issue of the Star Democrat. The purpose is outlined in plan itself. There are three areas designated to be changed. They are labeled 1,2, and 3. Area 1 is currently residentially zoned and is recommended to become commercial. Area 2 is industrially zoned and is recommended to go to a residential classification. Area 3 is currently industrial and is recommended to have a combination of changes. Other areas are designated for parks. The results evolved from the direct efforts of the community. Mr. Ford asked if area one is recommended as general commercial or CR? Mr. Thomas indicated that it was anticipated that it would be CR. Mr. Willey opened to the floor for comments at 7:48 P.M.
Mrs. Elizabeth Dobson, Higgins Street asked Mr. Thomas to show the particular boundaries which Mr. Thomas did. Area 1 is bordered by Talbot Street, Talbot Lane, Aurora Street, and South Lane. Area 2 is bordered by Brookletts Avenue, the former rail bed, Higgins Street, and South Street.
Mrs. Rosemary Garrett, 102 Aurora Street complimented Mr. Thomas for doing a wonderful job of synthesizing what people said. She strongly reiterated certain concerns such as a no loitering law. Loitering contributes to crime and the perception of safety. There should be zero tolerance for the use of illegal drugs. Excessive traffic is a problem. Perhaps the state can do something to encourage slum landlords to sell property for owner occupancy. The Police are doing a wonderful job with the tools they have; however they need a curfew and loitering law.
Ms. Joyce DeLaurentis thanked Mr. Thomas and suggested that there needs to be an incentive for people to invest and create through market forces improved property values which increases tax revenues.
Mrs. Carolyn Jaffe thanked Mr. Thomas for helping to keep the process more manageable than Town Visioning. She was impressed that falling back on the land use report was cogent and that little had changed.
Mr. Willey closed the Public Hearing at 8:00 P.M.
Mr. Willey reminded the Council that the East End Neighborhood Association annual dinner is scheduled for October 27 at 6:30 P.M.
Mr. Lineberry received two bids on the North Easton Park where the Town intends to have two little league fields and two soccer size fields. Bramble was the low bidder and they have been known to do very good work. Mr. Lineberry would like to get them started as soon as possible to have grass before winter The bid does not include dugouts, fencing or bleacher pads which he hopes the community will assist with. Mr. Willey asked why the bids were not very close and if the North Easton residents were aware of the proposed project? Mr. Lineberry indicated that there were two or three public hearings and that Mr. Stavely had gone door to door to strengthen public input and that there was a good turnout at the meetings. The residents requested that there be no vehicular access to Chapel Road so vehicular visitors to the park will enter from the access road that serves Suburban Propane. Mr. Willey asked if the bid looks OK and addresses all the issues and if no public hearing is required. Mr. Lineberry suggested approval and stated that he could hand deliver notices to the local residents prior to beginning work. Mr. Willey suggested a display in the lobby of the Town Hall that shows the plan and that the Star Democrat could publish it.
Mayor Butler recommended that the Council approve the bid and that he endorses the project.
Mrs. Clem asked what amount budgeted for the project? Mr. Lineberry responded roughly $250,000. Mrs. Clem asked what had happened financially to make the bid acceptable in view of the lower budgeted amount. She also said that she couldn't be more in favor of it but in view of the budgetary constraints should the scope of the work be reduced?
Mr. Lineberry said that another option is to look at the budget and find other funds and that Mr. Karge and the Mayor have done so. Mrs. Clem reiterated her concern.
Mayor Butler suggested that funds were available from projects in the prior year as a result of the findings of the audit.
Mr. Ford asked about the construction access and Mr. Lineberry responded that it would be from Chapel Road and that the residents know that.
Mr. Ford noted that he would be interested in seeing the master plan for the park.
Mr. Lineberry promised to include the plans in the packets for the next Council meeting.
Mr. Mayer commented that a walking entrance from Chapel Road allows children safer access.
Mr. Willey suggested that significant volunteer help was available.
Mr. Mayer vocalized that if the Mayor feels that he has the money to do it and that time is of the essence and that the staff did their job and that the Park Board did their job than he is in favor.
Mr. Mayer made a motion to approve the Bramble bid which Mr. Ford seconded. The vote was as follows:
| Mr. Ford | Yes |
| Mr. Mayer | Yes |
| Mrs. Clem | No |
| Mr. Heinmuller | No |
| Mr. Willey | No |
Mrs. Clem and Mr. Heinmuller requested more specifics regarding financing. Mr. Lineberry assured them that the information they require will be provided shortly.
Mr. Willey asked Mr. Lineberry about his memo regarding Powell's Alley. Mr. Lineberry suggested that due to the difficulties associated with making that turn, the street should be made one way westbound from Park Street to East Avenue. Mr. Ford made a motion to that effect which was seconded by Mrs. Clem and passed.
Mr. Kehoe described the Section 8 Housing Assistance Program.
Mr. Mayer made a motion to approve Resolution No. 5599 pertaining to the Section 8 Housing Assistance program which extends the contract until November 11, 1999. The motion was seconded by Mrs. Clem with specific voting as follows:
| Mr. Ford | Yes |
| Mr. Mayer | Yes |
| Mrs. Clem | Yes |
| Mr. Heinmuller | Yes |
| Mr. Willey | Yes |
Mr. Kehoe described an ongoing problem with vandalism generated by BB guns and stated that the situation has changed since last review. Now a kind of BB gun is being carried by children that resembles semi-automatic weapons. He proposed an ordinance that makes it illegal to carry a loaded BB or pellet gun in a public area regardless of whether the gun is charged with gas or not. Public area is broadly defined to include shopping center parking lots. The ordinance would not apply to private areas. This ordinance is different from most of the Town's ordinances in that it is being suggested that it be considered a criminal offense rather than a municipal infraction in an effort to impress upon the public the significance of the problem. A similar problem involving starter pistols and blank pistols exists and another ordinance should be considered to forbid them as well; however, if starter pistols and blank pistols are considered deadly weapons under existing state law, the problem may be one of enforcement. A second ordinance deals specifically with the issue of making the offense a misdemeanor and revises Section 1.8 of the Town Code. Mr. Kehoe introduced the two proposed ordinances for a first reading.
Mrs. Clem asked what kind of obligation the Town would have of notifying parents and citizens of the new ordinances.
Mr. Kehoe indicated that, strictly speaking, if the Town puts a notice in the newspaper there are no other obligations. Typically the Town has requested a story be put in the Star Democrat and occasionally has purchased advertising space in an effort to encourage compliance.
Mrs. Clem stated that moving in this direction ties in with a lot of concerns people have had recently regarding seeing guns in other people's cars, etc. It is difficult to determine whether they are real or not real. She felt that the timing is very good and was glad that Col. Chase is encouraging this direction. Perhaps HotSpot money could be used to help people understand that guns are not toys and should not be displayed in public.
Mr. Ford asked if brandishing a replica of an automatic pistol that is not loaded is illegal? Mr. Kehoe indicated that doing so would violate a state law against putting someone in fear but that it was borderline and usually used with working firearms.
Mr. Mayer added that if someone thinks it is real the harm is the same. Police officers must act within a moment's notice which is made more difficult and dangerous by look-a-likes. The power behind the bullet or pellet is still very strong.
Mr. Ford voiced concern that the public may think that they could go around acting foolishly as long as the replica was unloaded.
Mrs. Clem asked for language to be added that would address the issue of brandishing unloaded guns.
Mr. Kehoe stated that any relevant state law takes precedence.
Mr. Willey ended discussion on the two ordinances by reminding the Council that this is a first reading tonight.
Mr. Butler reported that he and Mrs. Butler had attended the MML Legislative conference on Thursday, October 16 with Mr. and Mrs. Willey, Mrs. Clem, and Col. Chase and that there are four items coming up before the state legislature. He promised to get more information on these issues to the Council soon.
Mr. Ford mentioned to the Mayor that he enjoyed the 15th Annual Mayor's Prayer Breakfast as did Mrs. Clem.
Col. Chase commented that Mrs. Garrett's daughter had taken a page out of his book regarding zero tolerance on all crimes. He highlighted some of the statistics in his report concluding with the statement that there has been more than two people a day arrested for the period indicated.
Col. Chase also mentioned that Easton High School is planning a parade. The parade units are to assemble behind the police station parking lot. Mrs. Sunday Fellows, representing the High School, agreed to Col. Chase's stipulations. Col. Chase asked that the Town Council grant their request. Upon a motion made by Mr. Heinmuller and seconded by Mr. Ford, the Council approved the parade request.
Col. Chase stated that he has secured a replacement recorder from the Emergency Management Agency for the Police Department and has saved the Town $13,000.
Mr. Willey asked about installing cameras at intersections based upon a law that was recently passed by the state.
Col. Chase responded that the folks from Character Counts! volunteered to foot the bill for putting cameras on utility poles. Mr. Willey asked if they could help with traffic control. Col. Chase stated that he would research it.
Mr. Heinmuller noted that of 17 monthly municipal infractions in September, five of those infractions were written in what is considered to be the East End neighborhood area meaning that there is more enforcement.
Mr. Grunden reported that the Town is continuing surface drainage projects including South Beechwood which is anticipated to be finished on or about mid November and that the crews are in the process of making sure that everything is in good order for the upcoming Waterfowl Festival. He invited the Council members to call if they noticed anything that should be addressed. The Federal Energy Regulatory Commission (FERC) issued its order regarding Eastern Shore Natural Gas proceedings. The order has a couple of twists. All parties we talked to take a fairly narrow reading. We anticipate that the pipeline will be open on November 1. To that end, EUC is spending time getting scheduling done with the aid of the Internet. Mr. Grunden had the honor of testifying before the Legislative Task Force which is studying restructuring of the electric market in Maryland. The stack of information is only ten inches high. The results will impact each and every customer in the State of Maryland. EUC is working with a group of utilities to help the Task Force refine the proposal it will be making. Mr. Grunden personally invited the Town Council members to join in a tour of the waste water treatment facility on Thursday before the Joint Commission Meeting.
Mr. Heinmuller made a suggestion that the Town look at the placement of blue reflector lights near the fire hydrants.
Mr. Grunden responded that they are actively researching the idea although reflectors are often damaged during snow removal operations. Mr. Lineberry is looking into recessing them. Mr. Heinmuller said that they could be set back closer to the curb.
Mr. Willey indicated that he had received a survey from Chamber of Commerce regarding the concerns of small businesses in the area. Mr. Warfield is to get a copy to each Council member and the Mayor. Mr. Willey asked Mr. Warfield to also circulate copies of Mr. Kehoe's memo on the authority of the Easton Park Board dated in May of this year with an inventory of park lands to the Council members.
Mr. Willey reminded all of the East End Neighborhood Association (EENA) Annual Dinner Meeting scheduled for October 27 at Asbury Church. There is a meeting of the Talbot Partnership in the Council Room on Thursday October 30 from 3:00 to 5:00 P.M. concerning physical activity for young adults.
Mr. Willey asked that the Council please have comments to Mayor Butler as soon as possible regarding Inventory Personal Property Tax.
Mr. Dan Briggs of Delmarva Cable sent a memo concerning a test and tuneup derby on October 26 in the old MVA parking lot to prepare for the Mini Grand Prix Race.
A letter was received concerning vandalism at Spring Hill cemetery which Mr. Willey described as really appalling. Mr. Willey asked the Chief and Police Board to come up with some ideas. Col. Chase responded that the Police Department had done a survey at the cemetery some time ago and had submitted their recommendations at that time. He is currently trying to determine who the recommendations were sent to. Col. Chase also said that if they receive a call from the cemetery there is a record of it.
Mr. Willey mentioned that on November 1 beginning at 8:00 A.M., there will be a charet conducted regarding proposals to extend Bay Street.
Mr. Turner asked if a facilitator had been selected. Mr. Willey responded that someone had been approached and that he should have an answer within the hour.
Mr. Willey stated that the Chesapeake College Foundation has invited the Council members to a meeting on October 28 at 8:00 A.M. concerning business development.
Mr. Heinmuller expressed his inability to attend.
Mr. Ford mentioned that he had received a call from a woman regarding the scheduling of the Halloween celebration on Thursday night. She was primarily concerned about the lack of adequate notice. Mr. Ford suggested that scheduling of events like this could be done well in advance. Col. Chase responded that ever since he has been on the Police Force, if Halloween came on a Friday, it was changed. The reason deals with safety.
Mr. Ford asked that Mr. Lineberry look into removing some stop signs in the St. Albans neighborhood. Mr. Lineberry indicated that putting signs up for speed control and than taking them down after a short time may be inappropriate as the reason for raising the sign may return. He also indicated that he has had other similar requests. Mr. Willey stated that taking signs down should be coordinated through the Police Board.
Mr. Mayer said he also has had a few calls concerning the Halloween scheduling and that after receiving an explanation, the callers generally understand the reasoning.
Mrs. Clem said that she had a couple of calls from people on Harrison Street wondering if work on the brick sidewalks could be performed after the new year. Mr. Lineberry indicated that he does whatever it takes to insure that businesses are cared for and that at no time have businesses been denied access. Mrs. Clem mentioned that past construction work has led to decreased revenue according to two business owners. Mr. Grunden added that when you try to do work in the winter months the project tends to stretch out. He reiterated that the Public Works Department will try to work with anyone in an effort to address their concerns.
Mrs. Clem thanked the citizens of the Town for the opportunity to go to the MML Legislative Conference. She mentioned that it inspired her to see how 68 municipalities throughout the State come together and settle on their priorities for the upcoming legislative session. She was also inspired after having taken a tour of Easton High School, which she described as absolutely delightful. She will not be at the meetings on October 27 or 23.
Mr. Heinmuller asked that Mr. Karge prepare a Y2K report for the next Council meeting. He also recognized the presence at the meeting of two former members of Easton Town Council, Mr. Brooks and Mr. Price.
Mr. Willey invited visitors to address the Council.
Mrs. Carolyn Jaffe said that a number of people have tried to keep up with the proposed liquor related changes and that she understands that two to three weeks advance notice will be given before a public hearing takes place which is becoming more difficult as the year progresses. She also wished to thank the Council for their involvement and support.
Mrs. Clem asked if a letter form the Council requesting the status be appropriate.
Mr. Butler said he talked to Blenda Armistead who told him that there are no dates available. It is his opinion that the county is Asitting on it.@ Mrs. Clem reiterated that a letter to the County Council asking when they intend to make a decision and requesting some sort of response at least gets something in writing.
Mr. Willey said that the Town Council has a letter in for a meeting in early November which would be a follow-up meeting. He added that if a date is not set by the end of next week a letter will be sent to the County Council setting a date that the Town Council would like to have a meeting to discuss the issue.
Upon motion by Mr. Mayer, and seconded by Mrs. Clem, invoices totaling $752,589.58 were approved for payment.
Mr. Mayer reported that Kathy Ruf inquired of every possible restaurant or catering business in the Town to get the best deal for the Second Annual Appreciation Reception for the Boards and Commissions. Eagle Spirits gave her the best deal. Comments regarding last year's event were very favorable. Upon a motion made by Mrs. Clem and seconded by Mr. Ford, the Council approved the offer by Eagle Spirits and scheduled the event on December 4 at a time to be announced. Mrs. Clem commented that she was grateful for the thoroughness of the research and the fact that it is equitable.
Upon a motion made by Mr. Mayor and seconded by Mr. Ford, the meeting was adjourned at 8:14 P.M.
Respectfully submitted,
Richard T. Warfield, Jr.
Administrative Support Supervisor, Town of Easton