December 1, 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 Mayor Butler, Town Attorney, Mr. Kehoe; Chief of Police Colonel Walter E. Chase, Sr., Assistant Town Engineer, Mr. Lineberry; Town Engineer, Mr. Hugh Grunden; and Town Planner, Mr. Tom Hamilton.

The meeting was opened with prayer by Mrs. Clem. Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, minutes of the November 17 meeting were approved as written.

The President of the Council, Mr. Willey, discussed the Council's continuing effort to recognize youth doing things right. He brought the Easton High School Soccer Team forward and read a Proclamation which was presented to the team and the coach, Mr. Charles Craig.

The President of the Council announced that due to difficulties on notifications, the Public Hearing which was scheduled for 7:15 P.M. at this meeting, on the rezoning requested for Colonial Manor Homes was postponed and rescheduled to the first meeting in January.

A memo was received from the Town Planner concerning the fee schedule. Mr. Hamilton briefed the Council from his memo and stated that there are three changes proposed. The Town Planner stated that the subdivision fee would become the actual cost and discussed the problems with certain developers exceeding the amount of services. The Town Planner discussed the building permit fee change which would be to charge the occupancy fee on the front end. The Town Planner discussed the plumbing permit fees which concern lateral installations at $25 per unit where plumbing is already available within a prefab unit. The Town Planner asked for questions.

Mr. Heinmuller questioned the lateral installation which is not in the prefab. He questioned whether stick built house with 25+ fixtures would also have to pay for the lateral fee. The Town Planner stated that the lateral fee would be obtained on a stick built property already. Mr. Heinmuller questioned whether the lateral's inspection fee has been assessed in the past and whether all plumbing permits would increase $25. The Town Engineer stated that this is incorrect and it would be either one or the other. The Town Planner stated that the language could be clarified. Mr. Heinmuller stated that he did not want to see an increase of $50 for everyone.

Mr. Mayer discussed a scenario of development without additional inspections and not requiring additional fees. The Town Planner stated that this was correct and discussed it. The Town Planner stated that the Town Clerk suggested increasing the annexation charge since it always runs more than the base amount prescribed which always has the difference billed back to the property developer. Mr. Mayer discussed the need to reinspect being akin to the meter ticking. Mr. Lineberry stated that the meter would be ticking each time with a base amount set.

The Town Engineer discussed a subdivision fee of $50 a lot needing clarification. He discussed the interaction with Easton Utilities Commission's tariffs. He questioned billing through the Town and the Town pays the Utilities Commission for utilities' fees or whether the Town improvements versus utilities improvements should be billed separately. The Town Engineer questioned whether the developer should get one charge. He stated that he thinks that there is a need for technical clarification of the language. He suggested a three year average of building permit revenue. The Town Engineer stated that temporary use and occupancy are more and more for less compelling reasons. He stated that the Assistant Town Engineer has suggested increasing the fee to $100 to reflect the administration of this type of scenario. The Town Engineer stated that the fourth whereas should be deleted and that the Council might consider this resolution at the next meeting.

The President of the Council stated that he would like the language incorporated concerning duplicate billings.

Mrs. Clem stated that she would like to see it as simple and as clear as it could be made.

The Town Planner discussed the re-billing of annexation amounts which exceed the base $1,000 fee which are typically $1,000.

The President of the Council asked the feeling of the Council.

Mr. Mayer stated that this reflects a realization of the actual costs.

Mr. Heinmuller asked for a three year average of a fixed versus a variable costs.

Mr. John Chamberlain discussed state legislation forcing development in the cities versus in nondeveloped areas. He stated that this is making development very costly and that there needs to be an efficient means of bringing people into the Town limits. He suggested not forgetting the small landowner.

The President of the Council asked for the consensus of the Council which is to change the technical language and to consider the annexation fees over three years with maybe a graduated fee.

The President of the Council stated that during the last meeting, a Public Hearing occurred on the proposal of Mr. Atkiss for a PUD for the Waylands Subdivision which is presently zoned R-10A Residential. The President of the Council asked for the consensus of the Council and stated that he had not received any adverse comments. All of the Council members indicated their agreement to grant the PUD and the Town Attorney was directed to draft the appropriate legislation.

The President of the Council stated that a few weeks ago, discussion was scheduled concerning the STOP signs at Sycamore Avenue and Garden Street and suggested that this be held for discussion until the next meeting.

Mr. David North discussed his opposition to the previous steps taken. He discussed the lack of traffic now that STOP signs had been placed. Mr. North stated that now STOP signs might not be required. He asked the Council to look at the rest of the community and questioned whether all the STOP signs are really necessary. He asked the Council to consider looking at Wrightson Avenue and consolidating the two STOP signs to one. He expressed his concern and disappointment with the dead end at St. Aubins Terrace. He asked that this issue be revisited and discussed these matters further. These matters corresponded to a letter which he had provided to the Council. Mr. North stated that he appreciated the request for comment.

Mr. Brian Spector, Hazlewood Drive, expressed his opposition to the signs at Willis, Sycamore and Holliday. He stated that it is a nuisance to have to stop three times to get to Washington Street. He thinks that the Garden and Sycamore STOP sign should be removed and stated that there is no traffic back there since the change.

Ms. Karen Roe, Diamond Street, agreed and discussed the inconvenience. She stated that she had lived on Arbor Place for fifteen years with her parents and everything was fine.

The President of the Council asked if there was anyone else.

There being no one, the President of the Council stated that the matter would be tabled until the next meeting.

Mrs. Clem stated that she had one comment and that was that she was still learning about Town procedures. She discussed the problem earlier on and stated that it had been addressed which created some dissatisfaction. She stated that she did not have the expertise of where STOP signs need to be and that the Police Department and Public Works Department do have that experience. She stated that she is looking for written recommendations from the Police Department and the Public Works Department. She stated that she does not feel comfortable not utilizing the experts which are employed by the Town.

Mr. Heinmuller stated that he had offered information on the engineering conference similar to this to the engineers. He stated that there is one more item to present by the East End Neighborhood Association with similar issues. He stated that sometimes, the results are not the best but they do solve a problem. Mr. Lineberry discussed attending a similar conference a year before. He discussed the radical options at the seminar which he attended. He stated that resident traffic was not necessarily the problem as was the drive through traffic initially; with this STOP sign and traffic pattern change in the St. Aubins area.

Mr. Ford reiterated why he brought the matter up. The steps taken did deter through traffic and that the intent was to achieve some kind of balance. He asked for comments from the Town Engineer's office and the Chief of Police and stated that those are important as are the public comments. The Town Engineer stated that perhaps chronology would help. He discussed traffic counts and the impacts on the streets and the surrounding streets. He suggested if these signs are taken down, that the risk of traffic volume going back up was present.

Mr. Phil Foster, Willis Avenue, stated that the STOP sign option was not presented to anyone except to the Council. Mr. Foster claimed that these suggestions came after the public meetings. He stated that Weber Duncan is the only person served by the STOP signs at Willis and Sycamore and he is very opposed to the stops. He discussed Ms. Brakowski who is very opposed and discussed turning movements. Mr. Foster stated that the more signs removed on Willis and Sycamore, the better.

The President of the Council asked the Council members to add to their calendar a meeting regarding personnel in Executive Session on December 9 at 6:30 P.M.

Mr. Heinmuller discussed the Fire Board meeting which is going to occur December 8 at 7:30 P.M. and questioned whether that had changed. Mr. Willey stated that he thought there was no change.

Mr. Ken Bush was present representing the Easton Volunteer Fire Department, Inc., and stated that the Firehouse has been decorated and invited all to come see. Mr. Heinmuller stated that the Firehouse looks great.

The Mayor thanked all who helped him out with jail bail on November 20 and stated that approximately $500 had been raised for the charity.

The Chief of Police, Col. Chase, reported that Sgt. Hobbs will graduate from the FBI National Academy on December 12. He stated that the Police Department will be putting out bids for four police vehicles very shortly.

Col. Chase stated that he had a note from Mr. Marty Bailey concerning the proposed substation to be placed in the East End on property owned by Mr. Bailey. The proposal was for a 20 x 22' or 440 square foot location with a restroom at 38 S. Aurora Street. Mr. Bailey has asked for $350 per month rent with a three to five year lease term; water and sewer to be provided by the owner and gas and electric to be provided by the tenant. Mr. Bailey stated that this would be ready January 1, 1998.

The President of the Council asked if this was agreeable for the Town Attorney to draw up a lease. The consensus was yes. The Mayor stated that the location was great and that it is in the HotSpot. He discussed the cost factor being minimal. Mrs. Clem stated that this matter has come up before during three different meetings of the Police Board and that the location could not be better. She stated that a police presence is very important and that she is in favor of a three year lease. She discussed the Police Board being comfortable that there is no conflict of interest and stated that this matter has been reviewed.

Col. Chase reported that the new incoming call recorder is in place and operational. He thanked Mr. Ed Mullikin of the Talbot County Emergency Management Center for providing the recorder at no cost to the Town. This item had been previously budgeted at $13,500.

Mr. Heinmuller discussed a parade permit for Dickens of A Christmas. Mr. Heinmuller stated that the Town has bought and condemned more costly properties than the Bailey property would be rented for. He stated that the rental is cheap.

The President of the Council stated that Sgt. Hobbs will be invited for the first meeting after he graduates as one who makes a difference.

The Town Engineer reported on the leaf collection effort. He stated that the crews are working extra trying to catch up.

The Town Engineer stated that Harrison Street construction has begun across the street. He asked the Council members to begin thinking about budget and to look at items of interest which they would like to have included.

The Town Engineer reported that the Holly Road street light estimated cost has not changed with fiberglass poles since the original steel poles were not recovered in full. The Town Engineer reported that Mr. Brian Hause has been hired as the Assistant Superintendent of Public Works with the Utilities Commission paying 10% of his cost to reflect his time involved with Utilities' projects and the Town picking up the other 90% of his cost on Town projects.

The Town Engineer stated that the Public Service Commission order is in typing and hopefully, it would be presentable at the next meeting. He discussed the FERC order last Tuesday on PJM pool being approximately 150 pages. He briefly discussed this.

The President of the Council discussed the council packet handout from the Municipal League and stated that it is becoming more important to pay attention to restructuring. He discussed Easton as being well positioned for the future.

The Town Attorney, Mr. Kehoe, discussed lighting at Talbot Village and stated that he and the Town Engineer agree that the current Property Maintenance Code does not address this and they will be back with specific legislation to address this shortfall. This should be ready for the second meeting in January.

The Town Attorney stated that he has several other matters for Executive Session; two concerning real estate and one concerning personnel. The Town Attorney stated that the personnel matter discussed in the paper on Thursday related to the Police Department and typically, he would not discuss these matters in public but he was going to offer advice of legal counsel. The Town Attorney stated that appropriate actions are being taken.

Mrs. Clem discussed the Liquor Board hearing on December 8 regarding the Doc's Quik Shop location. The Town Attorney stated that he understands that Doc's Quik Shop is for sale and thinks that the purpose is for a transfer to a new owner. Mrs. Clem questioned whether the Council wanted to make a comment. The President of the Council suggested leaving as is and letting individual Council members address the issue of Doc's Quik Shop's liquor license. Mr. Heinmuller stated that the Council had asked for the County to directly notify the towns and they have done so.

Mr. Mayer discussed the substation at Dover and Aurora. He stated that it is down the block from Habitat and that the community has had problems in the vicinity. He hopes this will help. He cannot think of a better substation. He suggested three years and possibly a two year extension.

Mrs. Clem stated that she had received letters with disappointment moving forward on the Clark annexation. She questioned whether these matters should be responded to since approvals had already been granted.

The President of the Council stated that these matters have not been addressed unless they are marked for action by the Council and stated that they are handled on a case by case basis. He stated that as far as he knows, Mr. Clark's people have complied with all applicable regulations.

Mr. Ford stated that the industrial park proposal by Mr. Clark could only stop by having someone go to court. Mrs. Clem questioned whether it would help to clarify misunderstandings by response. The President of the Council stated that he doubted it. Mr. Ford reported that he has talked to at least two of the letter writers and there is some lack of knowledge of the requirements such as the critical area requirements and the redirection of run off. He stated that maybe it was too late for the Clark annexation but conditions are being watched and monitored.

Mr. Lineberry discussed the Stormwater Management Ordinance which would kick in.

Mrs. Clem stated that she senses a lot of misinformation and confusion and maybe the Council could help to educate. She discussed the majority of the letter writers being residents of the county not the town. She discussed the lack of understanding of pertinent regulations and steps.

Mr. Heinmuller stated that he would like to reiterate comments he made at the time of the annexation for people who are concerned about the environmental impact of the Clark annexation. He stated that he had discussed prior zoning by Talbot County as an industrial park of this area and the annexation proposed and whether this development should occur under town or county rules. Mr. Heinmuller stated that he thinks that the Town water and sewer is the best decision since it can be controlled. Mr. Heinmuller questioned how many people other than County Commissioners spoke in favor of allowing the adjacent industrial park to be in the county without water and sewer directly adjacent to the Black & Decker property. Mr. Heinmuller stated that many folks are not making the comments at the right time and place.

The President of the Council asked if there were any audience comments. There were none.

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 8:20 P.M. to discuss personnel, real estate and the advice of counsel.

The President of the Council declared the Executive Session closed at 9:27 P.M. The President of the Council stated that people cannot hear the Town Council meetings on cable television and requested that the Council authorize the upgrading of the sound system in order to solve this problem.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the upgrade to the sound system was approved.

There being no further business, upon motion by Mr. Ford, seconded by Mr. Mayer and carried, the meeting was adjourned at 9:30 P.M.

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Town Clerk