November 3, 1997

The Town Council of the Town of Easton met today at 7:00P.M. The meeting was called to order by the President of the Council, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, and Mrs. Clem. Mr. Heinmuller was absent due to illness.

Also attending the meeting were the Mayor Mr. Butler, Chief of Police Col. Chase, Town Engineer Mr. Grunden, Town Attorney Mr. Kehoe, Town Planner Mr. Hamilton, and Assistant Town Planner Mr. Thomas.

The meeting was opened with prayer by Mr. Ford.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the October 20, 1997 meeting were approved as written.

Mr. Dick Barrow was present and asked the Council if there were questions on the information package he had previously presented.

Mr. Mayer asked for a review of information presented for the benefit of those present.

Mr. Barrow discussed concerns by Mr. Tim Bishop expressed through his attorney following the 4^th of July fireworks by Easton Celebrations primarily relating to a loss of 1500 gallons gasoline sales, damage to a bush which was run over by a vehicle, and an inability to plant soybeans in the field utilized for the fireworks display. Mr. Barrow discussed a response rejecting the claims by the attorney for Easton Celebrations, Inc. Mr. Barrow discussed letters from Mr. Larry Davis, agent for the owner Mr. Mears, allowing use of the property for the upcoming year and subsequently withdrawing that permission. Mr. Barrow discussed a meeting with Mr. Davis. Mr. Barrow stated that Mr. Bishop is permitted to use the field since he keeps the grass cut. Mr. Barrow stated that currently Easton Celebrations does not have a written agreement for the upcoming July 4^th celebration. Mr. Barrow stated that Mr. Davis will not sign an agreement pursuant to the owner's directions until Easton Celebrations, Inc. and Mr. Bishop reconcile their differences. Mr. Barrow stated that Mr. Bishop will not reconcile without financial compensation which Easton Celebrations will not provide. Therefore, currently, there will not be a 4^th of July celebration at that location. Mr. Barrow stated that he was present to ask the Mayor and Town Council to help reconcile the parties.

Mr. Ford stated that he had met with Mr. Bishop this afternoon. Mr. Ford reported that Mr. Bishop is not interested in pursuing the 1997 problems concerning loss of gas sales or loss of landscaping but he would like to be compensated for loss of crop yield for 6 acres of soybeans.

Mr. Barrow stated that agreement had been reached that Easton Celebrations had agreed to pay for any damages to the field but that they had the field disked three times to make Mr. Bishop happy.

Mr. Ford stated that he was interested in finding a place for the fireworks and that if Easton Celebrations, Inc. attempted to play hard ball, he believed the location would be elsewhere. Mr. Ford then discussed Mr. Bishop's desire to be compensated for loss of crop yield to be determined at harvest.

Mr. Barrow then discussed his problem with how that would be determined and subsequently valued.

Mr. Ford suggested giving the option to allow Mr. Bishop to make a reasonable claim.

Mr. Barrow again discussed his concern relating to the measurement and valuation of any loss.

Mr. Ford again stated that he thinks the best way is to let Mr. Bishop make a proposal and that the beans are almost ready for harvest. Mr. Ford reported that Mr. Bishop is willing to agree for the fireworks to occur at the same location next year if three items are dealt with:

1. Mr. Bishop and Mr. Mears are covered by insurance.

Mr. Barrow stated that coverage was provided and that fire Marshall rules governed the access road issue.

The Town Attorney stated that the problem has been taken as far as it can be in this venue. Mr. Kehoe stated that the dialog should be between the parties and the person who has to agree is not present.

Mrs. Clem offered some general comments that Easton Celebrations has done a magnificent job in resurrecting the 4^th of July celebration and that they should have an alternate site just in case with a list of requirements.

Mr. Ford stated that there would be additional development at Easton Marketplace.

Mr. Willey questioned the absolute date this matter needed to be settled to allow the use of the previous location.

Mr. Barrow stated January is the latest. Mr. Barrow expressed thanks for what Mr. Ford has done and stated that they cannot get telephone calls returned.

Mr. Willey asked for a few days to work on the problem.

Mr. Willey then introduced Ms. Tara Tobias, the new reporter from the Star Democrat.

Mr. Mayer then stated that the holidays are coming which will compress the time available to resolved the problem. He stated that he appreciates what Mr. Ford has done. Mr. Mayer stated that Easton Celebrations might have to move in other directions.

Mr. Willey stated that the Council will be in touch on this matter.

The Town Planner stated that an amendment proposed by Mr. Ford previously is not included in this legislation. The Town Planner then discussed circumstances when minor changes could be made with approval by the Planner and reported to the Planning Commission.

Mr. Willey questioned the prohibition on commercial vehicles if people are not using the home for that business.

The Town Planner stated that only when there is a home occupation is that commercial vehicle prohibited. There is a limit of one commercial vehicle otherwise.

Mr. Mayer stated that he thinks that it is important that the size of the vehicle which is specified is important. He discussed a fuel truck used from a home location.

Mr. Ford stated that Mr. Willey's concern would not be prohibited since there would be no home occupation.

There being no further discussion, Ordinance No. 361 was moved for passage by Mr. Ford, seconded by Mrs. Clem and carried unanimously following a roll call vote by the Councilmembers present.

Mr. Mayer asked the Town Attorney if this was an Ordinance for guns such as a shot gun, could this be carried if not loaded and the safety was on.

Mr. Kehoe stated that this was provided for in state law and he was not certain of the specific answer.

Mr. Mayer asked if this Ordinance causes treatment similar to firearms.

The Town Attorney stated that this Ordinance prohibits the carrying of loaded BB and Pellet Guns or their discharge.

Mr. Mayer asked the Chief of Police whether this legislation would help. Col. Chase stated this would help. He discussed the Gunstopper program and incidents with BB and Pellet Guns recently.

There being no further discussion, Ordinance No. 362 was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote of the Councilmembers present.

The President of the Council then brought Ordinance Number 363, "AN ORDINANCE OF THE TOWN OF EASTON REPEALING AND REENACTING WITH AMENDMENTS SECTION 1.8 OF THE EASTON TOWN CODE" the floor. The President of the Council stated that this would change violation from a municipal infraction to a misdemeanor. Ordinance No. 363 was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote by the Councilmembers present.

The President of the Council brought Resolution Number 5598 "A RESOLUTION OF THE TOWN OF EASTON TO APPROVE A PROJECT TO PROVIDE $50,000 IN TAX CREDITS FOR CONTRIBUTIONS TO PURCHASE BUILDING MATERIALS TO BUILD THREE HOUSES IN THE GRAHAM'S ALLEY REVITALIZATION PROJECT TO ENABLE LOW AND VERY LOW INCOME FAMILIES TO BECOME FIRST-TIME HOMEOWNERS" (to be awarded by the Maryland Department of Housing and Community Development) to the floor and asked the Town Attorney to elaborate.

The Town Attorney stated that the purpose of the Resolution is to indicate the Town's approval similar to others done in the past. There being no further discussion, Resolution No. 5598 was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote by the Councilmembers present.

A memo was received from the Assistant Town Planner, Mr. Thomas, asking approval of the East End Neighborhood Plan. Mr. Thomas stated that this was a reminder of the need to act.

The President of the Council asked for Council questions. There being none, the plan was moved for approval by Mrs. Clem, seconded by Mr. Mayer and carried.

The President of the Council then asked the Town Clerk to report on the Year 2000 computer issue. The Town Clerk briefly discussed the issue and reported that the comprehensive computer hardware and software project should alleviate any impact on the Town. Regarding the Easton Utilities Commission, the Town Clerk reported that their software modification is well along with a single module to be completed and that the hardware is Year 2000 compliant.

The President of the Council advised that the joint meeting with the Talbot County Council is scheduled for Tuesday, November 18^th at the airport meeting room.

The President of the Council advised that a Public Hearing would be held at the next Council meeting on November 17 at 7:15 P.M. on the request of CSA Enterprises, Inc. for a Planned Unit Development.

The Town Planner discussed the PUD.

Mr. Phil Curry was present on behalf of the Easton Volunteer Fire Department, Inc. and stated that he had passed out the October statistical report just prior to the meeting.

The President of the Council expressed his heartfelt thanks to the Fire Department during the bus accident tragedy on Friday. He stated that he could not remember that many victims at once previously. He asked Mr. Curry to pass on his thanks to the Department.

Mr. Curry stated that many more were involved and that he would pass on the thanks.

The Mayor stated that he also would like to pass on his sentiments to the Fire Department for a great job under hard circumstances. The Mayor offered congratulations and discussed the volunteers.

Col. Chase reported that the East End Association meeting on October 25 was very productive with the Hot Spot agencies also present. Col. Chase reported that the "trick or treating" on Thursday, October 30 went very well. Col. Chase stated that the Police Department was geared up for both Thursday and Friday and discussed the minimal problems encountered.

Col. Chase then discussed a request from American Legion Post No. 70 for a Veteran's Day service at the Viet Nam memorial. Col. Chase expressed concern over the request for a 21 gun salute and stated that he had no problem with anything else requested.

The President of the Council questioned if the 21 gun salute was timed, possibly stopping traffic to avoid frightening passers by, would this be acceptable?

Col. Chase reported the Police Department could handle this.

Mr. Mayer stated that if this could be worked out, it could be approved.

The President of the Council stated that he felt the ceremony without the salute would be incomplete.

Mr. Ford asked the Star Democrat for assistance in notification.

Mr. Mayer stated that stopping traffic briefly might be the way to handle this.

Mrs. Clem suggested contacting the radio station for assistance with public notice and suggested posting notices in an effort to let people know about the salute.

The President of the Council suggested notifying Mr. Jim Patrick of Post 70 about the concern and asking help to work this out.

Mr. Mayer then made a motion to approve the request with the 21 gun salute, with a second by Mr. Ford and carried.

Col. Chase then discussed a request by a Dickens of a Christmas for a parade on December 5 at 6:30P.M. Col. Chase discussed the requested route which is primarily on Dover Street and advised that the Police Department can handle this.

Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, permission was granted

Col. Chase then discussed the accident at the intersection of Dutchman's Lane and Route 50 on Friday, October 31 where a tractor trailer collided with a school bus resulting in the death of the bus driver and injuries to 32 children. Col. Chase discussed the number of agencies involved including many from other counties. Col. Chase reported that the investigation is still being conducted. Col. Chase discussed the charges placed against the driver of the tractor trailer initially which were dropped due to possible double jeopardy issues as the reason for dropping those charges. Col. Chase stated that the charges were dropped in open court by a judge and not by the Police Department.

Mrs. Clem questioned whether there was an evaluation or critique on the response to the emergency. Col. Chase responded that the Fire Department had theirs today at 5:00P.M. and that the Police Department would have theirs following completion of the investigation.

The Town Engineer then reported on preparations for the Waterfowl Festival and then asked for an executive session concerning a personnel issue.

On the Utilities side, the Town Engineer reported that the Eastern Shore Natural Gas Pipeline open November 1 and that the transition has been smooth to date. He then discussed the Electric issues including a group which was formed to draft and submit legislation concerning retail wheeling. The Town Engineer discussed his work on the Governor's Task Force related to this issue and his belief this will be completed in mid-December.

The Town Attorney commended all agencies involved in the bus accident and expressed sympathy to the members of the Brice family.

The President of the Council asked for audience comments.

Mr. Phil Curry of the Easton Volunteer Fire Department, Inc. stated that he had forgotten to mention that the light switch apparatus will be installed in the trucks this week or next. The President of the Council requested that a demonstration be arranged.

Mr. Huey Erskine discussed problems with parking and traffic in the vicinity of St. Peter and Paul School including alleged verbal abuse of his wife and daughter. Mr. Erskine stated that he wanted signage in the vicinity like that at Easton High School. Mr. Erskine threatened charges of discrimination if the signs are not placed. Discussion followed on contacts made and efforts by the school to alleviate the problem as well as the recurrent nature of the problem. The President of the Council stated that the Town would be back to Mr. Erskine in a very short period of time with a response.

Ms. Rosemary Garret of 102 South Aurora Street stated that concerning the parade on December 5, it is also a tradition to have the Christmas tree lighting ceremony in the East End prior to the parade.

Mr. Otis Sampson, Chairman of the Park Board, expressed thanks to the Mayor and Town Council for approving funding for the development of the North Easton Park.

The President of the Council stated that a copy of the memo concerning the authority of the Park Board and the inventory of the parks would be passed on.

Ms. Carolyn Jaffe of 412 August Street, President of the East End Neighborhood Association, thanked all for coming to the East End Neighborhood Association dinner and discussed Michael Sarbanes of the Hot Spot program coming who was extremely complimentary of the collaborative efforts in Easton where they expect good things. Ms. Jaffe then discussed many efforts which go back quite some time which are now coming to fruition. Ms. Jaffe stated that changes can be made and thanked all.

The President of the Council then discussed 4 letters which were received from the Talbot River Protection Association. The President of the Council discussed a meeting scheduled for Friday morning at 9:00A.M. to discuss the Harrison Street reconstruction project.

Mr. Ford discussed the change of the observance of the "trick or treating" within Easton. Mr. Ford stated that last week was a long week and a large number of people were upset by the change and advised him so. Mr. Ford stated that if the Town erred, it erred on the side of safety and he apologized for any inconvenience related to the change. Mr. Ford assured that the decision was not capricious and that the Council listens to what citizens say. Mr. Ford stated that he thinks this should be considered now for next year.

Mr. Mayer discussed the bus accident on Friday and stated that sometimes the normal volunteer organizations are not enough and that sometimes "instant" volunteers are necessary. Mr. Mayer stated that all did their part on Friday as a community and the community shined. Mr. Mayer commended all involved including the unsung heros.

Mrs. Clem questioned the status of the Family Support Center lease.

The Town Attorney reported that he and the Mayor discussed this matter almost daily. He discussed the background, the program and the Town's support for the program with essentially free use of the second floor of the Port Street Commercial Project through the rent/rebate methodology. The Town Attorney discussed the lease going to the Health Department in April and subsequently to DGS(Department of General Services) where there was a lengthy delay. The Town Attorney discussed very recent contact, the desire of the family support center to move in and the refusal of the Town for additional financial support as specified by the Council. The Town Attorney expressed a desire to see the issue resolved this week with DGS.

Mrs. Clem questioned where the program is currently located. The Town Attorney stated that he thinks the program is waiting to move immediately.

The President of the Council stated that a letter was received from the Planning and Zoning Commission approving a request by George Wertz of Colonial Manor Homes for an Amendment to the zoning classification of a 12.089 acre tract for a thirty-six Unit Assisted Living Facility and questioned whether a Public Hearing was necessary.

The Town Planner stated that a Public Hearing was necessary.

The President of the Council then set the Public Hearing for December 1 at 7:15P.M.

The President of the Council discussed the Town Staff also receiving many complaints about the "trick or treat" date change. He then asked Council comments about the Personal Property tax to be provided to the Mayor as soon as possible.

The President of the Council then discussed problems with children and the need to spend more time recognizing those who are headed in the right direction . He suggested recognition through proclamations, etcetera, regularly including a wall of fame. He stated that he had invited the first group to the Council meeting on November 17 and asked similar deserving children or groups to be brought to the attention of the Town Council for recognition.

The President of the Council then asked if there was anything else to be brought before the Council.

Brief discussion followed directing the Town Engineer to contact the State Highway Administration concerning protected movements through the lights at Dutchman's Lane and Route 50.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mrs. Clem and carried unanimously following a roll call vote of those Councilmembers present , the Council went into Executive Session at 8:11P.M. to discuss personnel.

The President of the Council declared the Executive Session closed at 8:39 P.M.

The President of the Council questioned the Council's pleasure on the letter received from Thatcher and Associates offering purchase of the RTC property. Discussion followed and the decision was made to decline the offer with a letter to that effect.

Brief discussion followed on copying letters from the River Protection Association for the Council.

There being no further business, upon motion by Mr. Ford, seconded by Mr. Mayer and carried the meeting was adjourned at 8:45P.M.