March 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, Mr. Willey, with the following members present: Mr. Ford, Mr. Mayer, Mr. Clem and Mr. Heinmuller. Also attending the meeting were the Mayor, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Lineberry, the Town Attorney Mr. Kehoe, Assistant Town Attorney Mr. Stephen Kehoe, the Town Planner Mr. Hamilton and the Assistant Town Planner Mr. Thomas.

Upon motion by Mr. Mayer and carried, minutes of the February 17 meeting were approved as written.

The President of the Council brought to the floor a letter of resignation by the Assistant Town Engineer Mr. Ben Lineberry due to his accepting a position near his home in southwestern Virginia. Mr. Lineberry’s last day of work is scheduled to be Thursday, March 19, 1998. He thanked the Council and the Mayor for making the Town of Easton such an enjoyable place to work.

Mrs. Clem moved acceptance of the resignation with regret, seconded by Mr. Ford and carried. The Mayor thanked Mr. Lineberry for all of his hard work.

The President of the Council thanked Mr. Lineberry and characterized his responses as being quick and efficient.

The President of the Council invited TFC Terry Ober to address the Council regarding the Reality Program. Trooper Ober presented an overview of the Reality Program. He discussed the partnership which was kicked off March 6 between the Talbot County entities involved with the program and the sponsorship by the Rotary and the State’s Attorney initially. Trooper Ober stated that the program is designed for fourteen to twenty one year old offenders. Officer Demby of the Easton Police Department will be the first officer to be directly involved. He discussed the activities and assignments and the charge of $100 to the students. Trooper Ober stated that the recidivism rate in Queen Anne County was seven out of seventy four. Mr. Ford asked if the participation is court mandated. Trooper Ober stated that these are first offenders but some could be signed up due to parental intervention.

The President of the Council asked that a letter be sent to the Judges expressing the Town’s support for the program.

A request was received from the Stamp Club to waive the fee for the transient business license and room rental at the Firehouse for their annual show.

Upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, the request was approved.

At 7:15 PM, the President of the Council opened the Public Hearing on Ordinance No. 366, an ordinance of the Town of Easton Zoning Ordinance by amending Table 5.1 and Sections 402, 603.4, 603.7A, 603.7B, 603.7C&D (NEW), 603.7H, 608.2M(6) and 608.2M(10) (new, and subsequent sections) of the Town of Easton Zoning Ordinance and amending the official zoning map of the Town of Easton by adding a new Planned Redevelopment Overlay District.

Assistant Town Planner presented the proposal which had been forwarded from the Planning Commission. Mr. Thomas stated that this is the second group of amendments which will be the last set before the zoning and subdivision comprehensive rewrite due to the Smart Growth Plan. Mr. Thomas stated that the Ordinance deals primarily with four issues; liquor stores, mega churches, sign requirements, and PR overlays. He briefly discussed those changes and read the definitions.

Mrs. Clem asked for the definition of temporary as stated in the Ordinance. Mr. Thomas stated that this would vary upon the type of activity requested. Mr. Thomas stated that the mini grand prix was the best example for a banner on a temporary basis. Mrs. Clem questioned who monitors compliance. The Town Planner stated that this is generally held over the weekend and the police department is worked with generally and these items are generally not a problem. Mr. Thomas continued briefing the Council on the banner issues and Ordinance No. 366. He discussed the sign regulation which could allow a variance. He discussed convenience or grocery stores which must meet the same supplemental standards as liquor stores. He discussed site restrictions on liquor stores and displayed a map showing the radii of where liquor stores would not be allowed. He also discussed the second planned redevelopment overlay district. He asked for questions.

Mr. Heinmuller asked for the positives for the Planned Redevelopment Overlay. Mr. Thomas stated that the purpose is to encourage redevelopment and allow flexibility. He discussed commercial areas around the old railroad track area. The Town Planner stated that Graham’s Park would be an example as would the Easton Mews. Discussion followed on modifications on the PR District Overlay.

Mr. Ford discussed the liquor store restrictions and the potential legal problem if the Town excluded all liquor stores.

The Town Attorney stated that if there was a total prohibition, there would be a problem and that the traditional commercial area at Marlboro Road is unaffected as well as the area near Giant. He stated that this type of scenario is used nationwide and has widely been upheld in the courts.

Mr. Thomas stated that current stores could remain as is classified as legally non conforming uses.

The Town Planner emphasized points and advised that the Easton Commons proposal will not have any allowed liquor stores due to the parks and the day care in the vicinity. Limitations are severe under this scenario according to the Town Planner.

Mr. Heinmuller asked for clarification on grand fathering and what if the property is sold or transferred. The Town Attorney stated that under the Talbot County Liquor Code, if the property is sold, the license must transfer and be approved by the Commission. With the zoning, the transfer would be valid with continued use. He wanted to verify his reading of the Talbot County Liquor Law. Mr. Ford stated that he believed there was a six month window.

The Planner discussed land use abandonment for six months.

The President of the Council asked for additional Council comments. There were none.

Ms. Kathryn Wendowski questioned distances when schools or some other limiting factor comes in after liquor stores are already present and questioned whether the whole area becomes unavailable. The Town Attorney stated that this was correct.

Mr. Mark Walsh asked about procedure for the Public Hearings. The President of the Council stated that the record would be kept open for two weeks and then there would be a vote at the next meeting. The Town Attorney stated that the record would be kept open for written testimony otherwise if oral testimony is allowed at the next meeting, a re-opening of the Public Hearing would be necessary with the advertising and the associated costs. Mr. Walsh stated that EBMA has not had a chance to review and comment on this revision. He expressed concern over the expansion limitation.

The Town Planner stated in response to a question from Mr. Walsh that liquor stores which are grand fathered would not be allowed to expand if they are illegally non conforming use.

Mr. Walsh expressed concern that a viable business was not to have growth encouraged under the Liquor Store Zoning. Discussion followed on EBMA’s lack of knowledge of the Public Hearing and how notice is provided.

Discussion followed on the procedures related to re-opening the Public Hearing if it was subsequently decided to be necessary.

Mr. Mayer stated that portions of this Ordinance could be approved, other portions not. The President of the Council asked for comments. There were none. He closed the Public Hearing at 7:50 P.M.

Mr. Mark Walsh, President, EBMA, was present to discuss their Main Street Program requests. He discussed the members of the Board as proposed and the two open vacancies for future filling. He asked for approval of the new Board to coordinate the Main Street effort. The Mayor stated that he would like to see the Town Attorney or the Assistant Town Attorney on board. The President of the Council suggested the Assistant Town Attorney. Mr. Mayer stated that the input from the others later could be good.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted to appoint the Board for the Main Street Program.

Mr. Walsh gave an Inner Courtyard update letter which he discussed in detail. He discussed the request to use $6,500 plus traveling expenses from the $12,500 for community initiated development process and stated that it was an appropriate next step. He asked for the Council’s approval for initiating that process and for the Council and Mayor’s support. In working up a list of invitees, he asked the Town to invite the various participants to insure their participation for the three day process. The President of the Council asked for clarification on the number of people who would be traveling and the expenses incurred. Mr. Walsh stated that he thought there would be two from the Washington D.C. area so the travel cost would be minimal.

Mrs. Clem stated that she was hopeful that some residents could be included for the information on the Inner Courtyard Project to be disseminated to others in the community. Mr. Walsh agreed that this would be an important component.

Mr. Mayer stated that this would be an appropriate step to develop the information Mr. Walsh reiterated the need for Council support to invite these people. Mr. Ford agreed and stated that this was an enormous time commitment, three straight days of this type of activity. He stated that he was encouraged by Mr. Nichols’ comments in the letter about the status in reference to Ft. Collins effort. Mr. Ford suggested using the Ft. Collins’ success story.

Mr. Heinmuller asked the Mayor to work with Mr. Ed Turner to put together an invite list and to get the letters out as well as to call for follow up.

The Mayor asked for a time element and how the list should be developed. Mr. Walsh asked that first the money be set aside and then an update at the end of the month. Mr. Walsh stated that they will use Mr. Turner as a list organizer.

Mrs. Clem suggested issuing sixty invites to get forty to arrive.

The President of the Council asked for the Council’s feeling.

A motion was made to follow Mr. Heinmuller’s suggestion by Mr. Mayer, seconded by Mr. Heinmuller and carried.

Mr. Carl Burke and Mr. Carey Malkus of Upper Shore Aging were present to discuss transportation. Mr. Burke is the Executive Director of Upper Shore Aging. He referred to a letter dated January 16. He discussed U-Star generally in Talbot County. He discussed their efforts to become more economically viable and efficient. He discussed their possible interests in fixed route within the Town of Easton. He discussed opportunity and the ability to seize those opportunities.

The President of the Council stated that the Council was concerned that they did not know much about the U-Star program. He discussed citizen involvement and did not recall seeing any cost to the Town or how this should be set up. Mr. Burke stated that he had presented a 100% funding increase request to Talbot County. He discussed the MTA funding and internal subsidizing of some of their activities. He discussed the population served. Mr. Burke discussed the 10% match for a study which would cost $50,000 which $45,000 would be funded by MTA. He thought he could get half the match from the County.

Mr. Ford questioned what the study would determine. Mr. Burke stated that he believes it looks at the cost effectiveness of the transportation system and the feasibility. He thought that a fixed route in Easton is entirely appropriate. Mrs. Clem discussed prior studies on the same issue over past years. Mr. Burke discussed the funding for the study and entities as well as avoiding duplication of transportation plan which would be determined if they existed.

Mr. Carey Malkus discussed the MTA Grant and the ability to target certain areas. He discussed tie ins to various projects within Easton. Mr. Malkus stated that in 1996, the passenger count went from 50,000 to approximately 70,000 people or 22% increase. He discussed the demands for service and the opportunity to have professionals look at this matter.

The President of the Council asked for clarification on whether the indication was that they thought they could fund this internally for the study or else go to the counties. Mr. Burke advised that this is correct. The President of the Council stated that knowing the support of the Council, what else could the Council do to assist such as supporting it at the County Council joint meeting. Mr. Burke asked for support with the county for funding.

The President of the Council asked that this be made an agenda item for the next joint meeting with the County Council.

Mrs. Clem stated that communication is important for this.

Mr. Mayer stated that they should not hesitate to have letters of recommendation for groups serviced for the funding efforts.

Mr. Burke stated that they are entertaining a number of innovative programs. He described some and offered some details if the Council desired. Mr. Malkus stated that they are looking at this from a regional basis.

Mr. Ford discussed a Welfare to Work Program which he had read about in Milwaukee which matched employees in one area with companies needing employees in another area and providing the transportation. Mr. Burke stated that they are considering this in transporting employees into Federalsburg and Caroline County. The President of the Council thanked them for their presentation.

The President of the Council asked that the meeting with the County Council be set up on March 17 or 24 which is the preferred date between 5:30 and 6:00 PM.

The President of the Council stated that a few weeks ago, the Council heard from two ladies and he has not heard about their later meeting. He advised the Town Clerk to contact those ladies. He questioned the handout being developed for crime prevention.

The President of the Council stated that at the last meeting, the President of the Council heard a proposal from Mrs. Ellen General about the 11 S. Harrison Street building. He stated that there are no commitments currently and asked for Council comments.

Mrs. Clem asked what the procedure should be. She discussed her desire to have the facility occupied and she sees no downside with this proposal by Mrs. General. She questioned whether this was approving a concept or whether a proposal was necessary. The Town Attorney stated that the Town has in fact received a proposal. He volunteered himself and the Town Clerk to work out an arrangement.

Mr. Mayer agreed that the arrangement should be worked out and thought that the Council was in agreement. The Council agreed that the Town Clerk and the Town Attorney are to work out the details for this arrangement.

Mr. Ford expressed concern about over working Mrs. Ellen General and asked for the staffing which Mrs. General is considering to use.

The Town Attorney discussed the Lexington, Virginia Visitors Center and how that could function as a model.

Mrs. General was present and stated that she appreciated the concern. She stated that she is more excited after discussing this proposal with many people. She thinks that various organizations will help.

Mrs. Clem stated that she sees this as a win/win proposal. She discussed feed back received on Mrs. General’s proposal. Mrs. General discussed various tie ins to programs and organizations and stated that she was pleased to hear that the Council wants to do this. The President of the Council directed the Town Clerk and the Town Attorney to work this matter out.

The President of the Council discussed the Council agenda. He asked for comments from anyone in the audience.

Ms. Libby Dawkins was present and discussed her prior request for appointed officials not to write letters in certain instances related to crime. The Town Attorney stated that he did not believe the Council should stop comments to appointed officials, to judges, etcetera. He stated that these policies are uniformly struck down by the courts. He stated that he understood Ms. Dawkins’ frustration but he strongly urged the Council not to take this step. Ms. Dawkins discussed her concerns with the Chief of Police and crime.

Mr. Heinmuller discussed the inherent problems and trying to limit testimony. He stated this could also cut both ways by causing additional sentencing. He stated that he could not support the legislation as suggested.

Mr. Phil Curry was present representing the Easton Volunteer Fire Department, Inc. He stated that the February statistics would be presented at the next meeting.

The President of the Council passed out a letter concerning burning.

The Mayor asked for an Executive Session.

Mr. Heinmuller discussed the Character Counts signs status. The Mayor stated that this was never approved for the Council room. Mrs. Clem stated that she thought that the Council needed to be reminded of the cost. Mr. Heinmuller asked that this be placed on the agenda for the next meeting.

Col. Chase reported on a HotSpots meeting held Saturday at Easton High School concerning the probation team. He discussed the participants and what was discussed.

Col. Chase advised that on Saturday, March 14 between 9:00 AM and 2:30 PM, there would be a Crime Prevention Through Environmental Design meeting.

The Mayor questioned who sets these meetings up. Col. Chase stated that it was the Governor’s office. The Mayor stated that he would prefer these meetings be held on weekdays due to staff considerations.

The Town Attorney asked for an Executive Session to discuss personnel.

The President of the Council discussed the need for an Executive Session to discuss real estate.

Mr. Ford questioned the Town Attorney on portable backboards and thought this matter should be resurrected prohibiting the blocking of a public way.

The Town Attorney discussed the variety of approaches or non-action.

Mr. Mayer discussed Sykesville approach that anything of that nature creating a nuisance could be enforced by the Police Department.

The Town Attorney suggested contacting various places for how they handled.

The Town Engineer reported that he had turned in the Capital Budget and the Operating budget and he stated that Mr. Lineberry has a tarpot memo.

Mr. Lineberry discussed the tarpot request and the reason for the short notice due to paving and the current tarpot not functioning properly. He asked for Council approval. The Town Engineer discussed sensitivity to costs.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, permission was granted to buy the tarpot.

On the Utilities side, the Town Engineer discussed the RFP for electrical supply. He discussed the five proposals. He stated that the staff will be traveling to Valley Forge for the PJM Conference tomorrow.

Mr. Heinmuller questioned the cable channel additions. Mr. Bill Russell was present and stated that only Animal Planet had been added; perhaps the Sci-Fi channel would be added later.

Mr. Ford asked the Town Planner about the status of the Route 50 design. The Town Planner stated that there was a meeting on Thursday, March 12 at 2:00 PM. He discussed breaking the task into smaller jobs.

Mr. Mayer stated that he would particularly miss Mr. Lineberry who has been a friend and who has done an excellent job with a lot on his shoulders.

Mrs. Clem stated that earlier, she had stated that she was sorry to see Mr. Lineberry go and wished him happiness.

Mr. Heinmuller echoed the comments to Mr. Lineberry about a great job and hoped that he enjoyed continued success.

Ms. Carolyn Jaffee was present and discussed the East End Neighborhood Association and Mr. Lineberry being a good employee and friend.

There being no further discussion, upon motion by Mr. Ford, seconded by Mr. Mayer and carried unanimously following a roll call vote, the Town Council went into Executive Session to discuss personnel and real estate.

The President of the Council declared the Executive Session closed at 9:48 PM.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the meeting was adjourned at 9:49 PM.

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Town Clerk