February 2, 1998

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

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

The meeting was opened with prayer by Mr. Heinmuller.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the January 23, 1998 meeting were approved as written.

Ms. Janet Pfeffer of Talbot Partnership was present to update the Council on Talbot Partnership activities. Ms. Pfeffer discussed the status report. She stated that the Town helped to fund their activities. Ms. Pfeffer discussed substance abuse statistics. Ms. Pfeffer discussed their fund-raising activities. She asked for questions, comments or suggestions. There were none. Ms. Pfeffer discussed their activities to be involved with an after school activity with the School Board. Ms. Pfeffer stated that they can use the Partnership as a grant writer.

The President of the Council discussed the Council's activities recognizing children's programs which deserve to be recognized and asked Ms. Pfeffer for suggestions. He asked for Council's comments.

Mrs. Clem stated that the town is lucky that the Partnership has remained in Talbot County after their grant was completed. She stated that now Talbot Partnership is funded through the community. Mrs. Clem stated that she felt there was a direct correlation between the availability of these substances and consumption by children and that people need to be aware.

The Town Planner discussed the Rural Legacy application and stated that the Mayor forwarded a letter of support. The Town Planner stated that Mr. Dan Cowee, the County Planner was present to discuss the program. Mr. Cowee stated that the Council has a draft of the application. He stated that this is a result of the Smart Growth legislation. Mr. Cowee discussed the six counties having the application put together for funding. He stated that some of the money is for easements. Mr. Cowee discussed the targeted area and explained that the towns and the growth area around the Town are not eligible for funding. Mr. Cowee thanked the Mayor and Council for the support.

The President of the Council questioned whether Mr. Cowee needed anything else. Mr. Cowee responded not at this time. The President of the Council questioned what goes into the easements. Mr. Cowee discussed the agricultural and historical easements.

Mr. Ford questioned who would administer the funds and the program for purchasing the future growth restrictions? Mr. Cowee stated that the Eastern Shore Land Conservancy would administer the program. He discussed their record stating they had very good results. He discussed similarities and differences in the counties as well as zoning requirements and the effort to maintain the quality of life.

Mrs. Clem stated that she felt it was important that the Town was kept informed. Mr. Cowee stated that he felt that the Town and the County have always been close in these matters. He discussed the Town and the County Planning Commission's meetings every six months.

Mr. Mayer questioned whether the Chapel District area is looking at this. Mr. Cowee discussed this including other options for farmers.

The President of the Council thanked Mr. Cowee for reporting to the Council.

The Town Engineer discussed the Governor's Award for Excellence to the Town of Easton. The Town Engineer discussed recent news accounts concerning nutrient loadings, etc. The Town Engineer discussed Easton's long standing efforts and awards as well as this Governor's award for excellence to reduce these nutrients going into the Chesapeake Bay and the tributaries. The Town Engineer introduced guests from the Maryland Department of the Environment, Mr. Sharman and Mr. Ming Jang. The Town Engineer also introduced Utilities Commission staff, Mr. Jerry Adams, Ms. Molly Faulkner, Mr. Pete Welty and Mr. George Roth. He asked Mr. Jerry Adams to explain the award. Mr. Adams stated that this is a bio nutrient removal program with ten years of joint effort. He discussed the state being helpful as well as providing some funding. Mr. Adams reported that one-half of the nitrogen had been removed from the water and in the summer that rate increased to 80%. Mr. Adams thanked the staff including Mr. Pete Welty and Ms. Molly Faulkner. He also discussed Mr. George Roth's value and commitment. He stated that it was nice to hear that they were doing a good job.

Mr. Sharma discussed their efforts in Maryland on behalf of the Maryland Department of Environment. He stated that the citizens should be pleased with efforts to reduce the nitrogen. He presented the award to the Mayor.

The Mayor stated that it was an honor and a privilege to receive this plaque. He stated that there are many things taken for granted and this shows that they should not always be. He thanked everyone for their efforts.

Mr. Ed Turner asked for permission for the St. Patrick's Day Parade on March 17. He discussed the route which would occur at 4:00 P.M.

Col. Chase reported that he had no problems with the proposal. Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted.

Mr. Turner asked for permission to schedule the Farmer's Market times. Permission was granted by the Council.

Mr. Turner discussed a map indicating signage which the Maryland Department of Agriculture would like to see strategically placed around the Easton Parkway and Route 50 as well as additional trail blazing signage. Mr. Turner stated that the State Highway Administration would pay for the signage. He asked for a letter of endorsement which EBMA would forward to the SHA District Engineer.

Mr. Heinmuller talked about signage generally and then this signage in particularly . He made a motion to submit the letter to EBMA in support of the project.

Mrs. Clem questioned that since the Route 50 signs would be 3' x 3', what size would the other signs be? Mr. Turner replied that they would be 1 x 12 feet or so. Mr. Mayer seconded the motion made previously by Mr. Heinmuller and carried.

Ms. Beverly Haddaway was present. She wished the Council a good evening. She stated that she had played tapes of the old meetings at the Fire Hall which showed her Aranting and raving about the Police Department.@ Ms. Haddaway stated that she learned that Col. Chase was going to retire and she now felt that it was her Police Department. She stated that there has never been a Chief of Police as good as the one the Town of Easton was about to loose. She discussed Col. Chase working long and hard and doing an excellent job and stated that he was never too busy to talk to anyone. Ms. Haddaway stated that Col. Chase was kind, consistent, considerate and should have been Chief years ago. She discussed her experiences with the Chief and the police department and their responses in an appropriate fashion. Ms. Haddaway stated that Sgt. Hobbs is one of the best in the force and that he does his job and is not a bully. Ms. Haddaway stated that Mr. Kenny Fisher is kind and considerate and that a few of the others need to be Awhipped into shape.@ Ms. Haddaway stated that the crime problem is not with the police force. She discussed police officers having heart attacks, stress and putting their life on the line. Ms. Haddaway stated that she was in business and you need sense. She stated that police officers should not be used as security guards and that the police officers cannot be every place 24 hours a day.

Ms. Haddaway discussed the ease of steps which could be taken to help alleviate crime. Ms. Haddaway discussed the drug problem and her concerns over the Sheriff's office. Ms. Haddaway suggesting looking at the record of the offenders and their plea bargains. Ms. Haddaway discussed problems with voters who elect people to county jobs. Ms. Haddaway stated that she wanted to give praise where praise is due. She stated that Col. Chase is one of the finest men that she has known. Ms. Haddaway stated that outside blood was needed for the police department. She discussed politics. Ms. Haddaway discussed disparity in treatment and sentencing. Ms. Haddaway thanked the Council for listening and stated that Col. Chase should be given a round of applause.

The President of the Council asked Mr. William Donald Smith if he had anything to add. Mr. Smith stated that Ms. Haddaway had said it all.

The Town Attorney stated that he agreed with Ms. Haddaway regarding Col. Chase. The Town Attorney stood up for the Sheriff, Mr. Duncan and the State's Attorney Mr. Patterson and respectfully disagreed with Ms. Haddaway's position

The President of the Council stated that as a result of comments made at the last regularly scheduled Council meeting, there was a meeting held last Friday. He stated that many of the things requested are already in place. The President of the Council set a meeting for Monday evening, February 9 at 6:30 P.M. and asked the Town Clerk to contact the two ladies who had previously raised concerns.

Mr. Heinmuller applauded the crime watch effort. He stated that he felt this has been effective. Mr. Heinmuller stated that a lot of people can find out a lot of information for free. He stated that the telephone company is having a new program to freeze the release of that information so long as it occurs prior to February 7. Mr. Heinmuller discused the MVA beginning to sell information. Mr. Heinmuller applauded Ms. Haddaway's comments to help the police and suggested that people help each other and stated that people can do what they can to fight crime. He discussed statistics earlier tonight. He discussed the HotSpot Program.

The President of the Council stated that the agenda order would be changed due to the apparent number of people for the Chapel Farm's subdivision recommendation. He discussed the letter from the Planning and Zoning Commission. The Town Planner stated that this was a paper drawing. The Town Planner stated that Mr. Chapman had discussed cul-de-sacs and their desired closure a few months ago. The Town Planner stated that this matter went to the Planning and Zoning Commission who recommended not cul-de-sacs but to finish these roads as originally proposed. He discussed this and shared the drawing. The Town Planner stated that the Planning Commission felt that it made sense to access this area and the parks for multiple areas and that the Planning Commission suggested completion of the Rails-to-Trails project. He discussed constraints on the development due to sewer capacity and location. He also discussed possible lot sales.

Mr. Mayer questioned whether the Planning Commission had indicated how many lots. Mr. Lineberry stated that it had not been determined.

The President of the Council questioned whether this would involve land previously set aside as park land. The Town Planner stated that it would and discussed it.

The President of the Council discussed earlier concepts of the east side access of the Rails-to-Trails. He stated that there are no plans to develop the park at this point and that the Town is just looking for ideas. He stated that this is an expensive prospect and that there would be public hearing requirements.

Mr. Ford stated that he felt that it was critical for neighborhood associations to get together to determine the best way to get in and out of the park. He discussed the size of the park coupled with N. Chapel Park combined will be very large and heavily travelled with increased traffic. Mr. Ford stated that there was a need to work for a good solution.

The President of the Council stated that the Planning Commission was not the final word on this matter.

Mr. Mac Guthrie of Chapel Farms questioned whether the Town every received state money for the RTC property. The Town Attorney stated that there had not been any state money received. He discussed conversations with Project Open Space and possible successful scenarios. The Town Attorney stated that he anticipated an application after the North Easton Park was completed or thereabout. The Town Attorney discussed the RTC restrictions on that property. Mr. Guthrie questioned whether the Town was going to try to sell part of the land to recoup part of the original cost. Mr. Mayer reported that the property was not bought with the idea to buy and sell as housing. He stated that the property was bought to be used as a park and that the deal was too good to pass up. Mr. Mayer discussed Open Space desires for plans on the park. Mr. Guthrie questioned access available for Rt. 50.

The Town Planner discussed the land not abutting Route 50 but stated that the access from Route 50 is still an option. He discussed the zoning area restrictions.

Ms. Ann Agnello, 14 Laurel Street, questioned what kind of park is the Town talking about?

The President of the Council stated that the Town has never gotten to that point and discussed some of the desires which he had been advised of.

Ms. Janice Curry, Applewood Court, questioned when the date would be set for the project to be discussed by the community.

The President of the Council stated that this is not even at the project stage yet. He stated that everyone will be notified when this is firmer.

Mr. Ford advised people to get involved and get together thinking about what they would like the park to be.

Ms. Curry discussed notification problems. The President of the Council discussed notifying individuals when actions are planned.

Mrs. Clem stated that this is not going to happen by the fourth of July and she believes that this is years away. She stated that there are no clear cut ideas making it a project and that the second consideration would be the required funding. Mrs. Clem stated that she thought Mr. Ford's point to get involved with the neighborhood association and pass information, etcetera, was valuable advice.

Mr. Ford stated that the North Easton Association ten years ago was the most powerful in Town and that it needs to be reactivated.

The President of the Council stated that all members of the Council are listed in the phone book and people could contact them that way if they desire.

Mr. Carl Chapman, President of the Chapel Farms Association stated that he has two major concerns. The first is safety and traffic and the second was a concern of the integrity of the neighborhood. Mr. Chapman discussed notice problems.

The Mayor stated that this is probably five years down the road before something actually happens. He discussed the need for workshops.

Mr. Paul Jones questioned whether the Town is putting off action on the Rails-to-Trails or whether that was more imminent. The Mayor stated that he felt the Rails-to-Trails was more imminent and that options were available.

Mr. Mayer stated that with the RTC property, the Rails-to-Trails could now be moved into the RTC property park.

The President of the Council asked for any additional comments.

Mr. Heinmuller stated that the Rails-to-Trails has been very popular with very little incident. He stated that the Town is in a better position now to evaluate that type of linear park. Mr. Heinmuller discussed the long time the Town owned Moton Park before anything occurred there as well as North Easton Park. Mr. Heinmuller stated that people should expect these things to take time.

Ms. Janice Curry stated that has thoroughly enjoyed the Rails-to-Trails. She discussed motorists not following the signs and also stated that dogs are walked on the park. Ms. Currie discussed smashed reflectors and the cost to replace the reflectors.

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

The President of the Council brought a letter from Mr. George R. Wentz, Jr., President, Colonial Manor Homes to the floor which answers comments from the previous Council meeting.

Mr. Mayer questioned the Town Attorney whether he felt Mr. Wentz was stating in the letter that they have done everything that they can with the allowable provisions. The Town Attorney discussed conditions which could be imposed being the decision of the Council.

Mrs. Clem stated that she felt some positive work had been done with the residents following the meeting two weeks ago. Mrs. Clem stated that she thought that Mr. Jacobs would have responded if he had not been in agreement with the letter received on the 26^th. The Town Attorney stated that everyone could be called to verify this tomorrow. Mrs. Clem questioned whether the vote would be contingent upon whether the thoughts of the neighborhood had been met.

The President of the Council asked that Mrs. Clem's concerns be addressed tomorrow and then a consensus could be taken. Mrs. Clem questioned whether this was contingent upon approval.

Mr. Heinmuller discussed his concerns including parking on the street. He does not know what could be done when people park legally. Mr. Heinmuller stated that a commitment was made that the street would not be for construction traffic and he would like to have the Council reserve the opportunity to review plans and elevations when final. The Town Attorney stated that if the Council was dissatisfied with the information provided, the public hearing could be reopened. He stated that this could occur during the public hearing or the information could be received in public and acted on by the Council or it could be delegated to the Planning Commission.

The Town Planner stated that he thought the elevations Mr. Wentz proposes are exactly what he wants to build. He stated that Mr. Wentz could be asked to return and then reopen the public hearing.

Mr. Heinmuller stated that he would not have a problem if the prints match the pictures. Mr. Heinmuller also discussed signage which is number four in the letter.

The Town Planner discussed lands owned by Mr. Wentz and proposing signage for his own land. He discussed why the signage is requested including the neighborhood concerns. He stated that the Town does not allow off site signs.

Mrs. Clem questioned whether signs would be up before work begins. The Town Planner stated that he believes the discussion concerns cones. Mrs. Clem questioned the entrance off Washington Street directing construction vehicles. The Town Planner stated that Mr. Wentz could be asked to do this. The Town Attorney stated that this could be made a requirement.

Mr. Mayer stated that he was impressed that Mr. Wentz was going to improve the road as indicated in the letter.

The President of the Council asked Mr. Heinmuller if he was comfortable with the answers. Mr. Heinmuller answered that he was. The President of the Council asked Mr. Ford his opinion. Mr. Ford stated that he thought Mr. Wentz had expended a lot of effort and the interaction between he and the neighborhood was a model. He believed the concerns were worked out ahead of time and that an agreement had been reached.

Mr. Mayer indicated his approval.

Mrs. Clem indicated her approval.

Mr. Heinmuller stated that with the items discussed, he will support this. Therefore, the consensus of the Town Council was to approve the request.

The Town Attorney asked for clarification as to whether the Council wanted architectural drawings as an exhibit to the Ordinance. Mr. Heinmuller stated that he was satisfied and that Mr. Hamilton can decide if the drawings are correct and representative.

The President of the Council brought Resolution No. 5604 (As Amended) authorizing the Town Council to establish a schedule of fees for zoning certificates, building certificates, subdivision applications, zoning applications and application fees for annexations to the floor and asked for comments by the Town Planner. The Town Planner introduced the Building Inspector, Mr. Dudley Bostic. He discussed the December proposal and the staff review. Mr. Hamilton discussed the average of the last four annexation fees and stated that $2,000 is actually closer to reality than $1,000. Mr. Hamilton discussed the Subdivision Review Fee and stated that if it cost more than average, it could be assessed. He discussed the Appeals Fee which is refundable if the applicant if successful. The Town Planner discussed the variance and residential aspects. He also discussed the Special Exception Fees, the Occupancy Permit Fees and Building Permit Fees. He discussed all these matters in detail. The Town Planner discussed the cost of the building inspection versus the fees charged and stated that the financial results do not show sufficient coverage to cover the associated costs.

Mr. Mayer stated that he thought the fee for fencing seemed high. Mr. Lineberry discussed the cost of getting permits. He stated that most of these could be done for $10 and questioned whether permits should be issued or a change process. The Town Planner stated that he did not believe that this permit could be eliminated due to various aspects such as property line determinations.

Mrs. Clem stated that she thought it would be interesting to see this matter again after a year to compare whether the costs are covered. Mr. Lineberry suggested looking at multiple years to smooth variations.

Mr. Heinmuller stated that the Town is planning to spend a large amount of money for computers and he hoped that there would be some improved productivity as well as lower costs due to that aspect.

Mr. Lineberry discussed logging in and out for quality control purposes.

Resolution No. 5604 (As Amended) was moved for passage by Mrs. Clem, seconded by Mr. Mayer and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5609 which would authorize the Town Clerk to abate and/or refund taxes due totaling $871.40 to the floor.

Upon motion by Mr. Ford, seconded by Mr. Mayer, Resolution No. 5609 passed unanimously following a roll call vote.

The President of the Council brought Resolution No. 5610, AA RESOLUTION OF THE TOWN OF EASTON AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT BETWEEN THE TOWN OF EASTON AND THE MEMORIAL HOSPITAL AT EASTON, INC.@ to the floor. The Town Attorney said this is a long term Mayor's project concerning parking in the vicinity of Family Support Center as well as other uses. He discussed the histories and the cost being one dollar as well as a requirement for the Town to indemnify the hospital.

The President of the Council questioned the Mayor's plans for the future of the property. The Mayor stated that this would be for parking for the Family Support Center as well as recreational or basketball activities. The President of the Council questioned whether this had been through Parks and Recreation. The Mayor stated that it was not that far along.

Mrs. Clem questioned the gate. The Mayor stated that the Family Support Center stated that they would do the gate and maybe some fencing.

Resolution No. 5610 was moved for passage by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council brought Ordinance No. 366, AAN ORDINANCE OF THE TOWN OF EASTON AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND AMENDING THE OFFICIAL ZONING MAP BY ADDING A NEW PLANNED REDEVELOPMENT OVERLAY DISTRICT@ to the floor.

Mr. Lynn B. Thomas stated that the Council should have a letter form Mr. Mac Morrell, Chairman of the Planning and Zoning Commission. He asked that the regarding matter be introduced and scheduled for a Public Hearing. The President of the Council scheduled a Public Hearing for March 2, 7:15 P.M.

The President of the Council brought Ordinance No. 367, AAN ORDINANCE OF THE TOWN OF EASTON GRANTING THE APPLICATION OF COOKE'S HOPE, LLC FOR A PLANNED REDEVELOPMENT UNDER THE PROVISIONS OF THE EASTON ZONING ORDINANCE@ to the floor.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried unanimously, Ordinance No. 367 was passed. The Town Attorney stated that there was a mistake in the title and the Ordinance should say PUD. He will forward a corrected copy.

The President of the Council brought Ordinance No. 368, AAN ORDINANCE OF THE TOWN OF EASTON AUTHORIZING THE EXPENDITURE OF UNBUDGETED FUNDS@ to the floor and stated that this would fund the balance of the new computer system and the park.

Upon motion by Mr. Mayer, seconded by Mr. Ford, Ordinance No. 368 was passed unanimously following a roll call vote.

A letter was received from Mr. Neil Mufson, Headmaster, The Country School, to use flash powder for their presentation of The Wizard of Oz on February 27, 28, March 6, 7 and 8. The motion to approve this was made by Mr. Heinmuller and seconded by Mr. Mayer. The President of the Council added the stipulation that this assumes the Fire Marshal approves this request in writing. There being no further comments, the motion was passed.

A letter was received from Dr. J. Sam Meek, Superintendent of Talbot County Public Schools regarding the intersection at Rt. 50 and Dutchman's Lane. The Mayor suggested that this matter be referred tot he Police Board. He stated that the Town Engineer has discussed this matter and has no problems with the request.

The Town Engineer reminded all present that these decisions are up to the State Highway Administration and that the Town could lend support in the letter to Mr. Lindsey.

Mr. Ford discussed the feasibility of the bypass around the Town of Easton issue included in the letter. Mr. Grunden reiterated his position and agreed with Mr. Ford.

Mrs. Clem discussed contacting the State. The Town Engineer stated that a meeting occurred at the end of February and that this could be brought up all at the same time.

Mr. Mayer stated that he felt that the State should be reminded of their representations made at the time of the accident.

Mr. Heinmuller stated that he was very much in support of the four points and that he did not want to go through the Board of Education with the issue of the bypass. He suggested that be separated in the language of the letter. He stated that he is pleased that the Town could work together with the School Board. He discussed a letter received tonight asking for ball fields which the Town can not currently handle and suggested that the School Board could allocate a couple of their fields for that purpose.

The President of the Council discussed the letter from residents regarding traffic controls on Hanson Street. He reminded the Council that he would like to have a priority listing by the meeting of February 17.

Ms. Rose Miles was present on behalf of the Easton Volunteer Fire Department, Inc. She discussed the Department responding to 112 ambulance calls. She also provided a packet with statistics and the current year corporate and line officers.

The Mayor thanked Ms. Maureen Curry and Mr. Richard Warfield for the MML Board of Directors presentation on Saturday. The Mayor was pleased to announce that the Town of Easton was awarded the Fall 1999 MML Legislative Conference.

Col. Chase asked for permission to purchase four police vehicles in the budget. He stated that there were three responses to the bids; one from Winner Ford, one from Easton Ford and one from GM Giant. Col. Chase stated that the lowest bid was from the GM Giant at $76,908.23. He stated that the budgeted amount was $81,500. He recommended purchase from the GM Giant. Discussion followed on the type of vehicle being looked at, what vehicles would be traded as well as reallocation of the vehicles.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted to accept the bid from the GM Giant.

Col. Chase discussed a request received from Choices concerning a walk to occur on Saturday, April 4 from 10:00 A.M. until noon. He discussed the route and recommended approval.

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

Col. Chase also discussed the March of Dimes Walk America on Sunday, April 19. He stated this would occur at Black and Decker and discussed the route. He recommended approval. Mr. Heinmuller stated he would abstain due to his relations with the organizations involved.

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

Mr. Mayer asked for a list of the vehicle tabulations.

The Town Engineer stated that the Capital Budgets are due on February 17 and asked that the Engineer's office be advised of any wants. He stated that the Operating Budget is due on March 2.

Concerning Utilities RFP, the Town Engineer reported that the electric supply and auxiliary service is currently with Delmarva Power & Light and is up for renewal. The Town Engineer discussed the Task Force legislation which would extend their work.

The President of the Council brought invoices totaling $493,208.01 to the floor.

Upon motion by Mr. Ford, seconded by Mr. Mayer and carried, permission was granted to pay the invoices.

Mr. Heinmuller discussed study circles.

The President of the Council asked for any audience comments.

The Mayor stated that there will be a meeting held at the Fire House at 7:00 P.M. concerning the Board of Education.

Mr. Bruce Gordon discussed problems with the Talbot County Public Schools. The President of the Council stated that Mr. Gordon's concerns would not appropriately be discussed in the Town Council meeting and should be addressed to the Board of Education.

There being no further business, upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the meeting was adjourned at 9:20 P.M.

____________________________________________

Town Clerk