March 16, 1998

March 16, 1998, Council Minutes.

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, Assistant Town Attorney Mr. Kehoe, Sgt. Robert Hobbs, Mr. Brian Hause, Superintendent of Public Works, the Town Engineer Mr. Grunden, Mr. Tim Glass from Easton Utilities Commission and the Town Planner Mr. Tom Hamilton.

Mrs. Clem opened the meeting with prayer.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the minutes of the March 2 meeting were approved as written.

Mr. Dicky Barrow of Easton Celebrations was present to discuss the July 4 celebration. Mr. Barrow stated that the main events are going to occur at the VFW. Mr. Barrow discussed the attempts to have the Disney Mickey Mouse parade come to Easton under a program sponsored by Wal Mart.

Mr. Mayer discussed the beginnings of Easton Celebrations being as a Desert Storm parade. He discussed inclusion of material in the Council packet regarding the Disney parade and stated that the Town of Easton is appropriate for this activity.

Mrs. Clem questioned whether the Council could provide any help and then questioned where the fireworks will be held. Mr. Barrow stated that the fireworks would be shot from Mr. Dudrow’s property. He discussed the test firings. Mr. Barrow also discussed indoor fireworks which would be set off at the VFW ballpark.

Mr. Mayer stated that he believed the impact would be better than before. Mr. Barrow stated that the testing is tentatively scheduled for next Monday evening, weather permitting.

Mr. Heinmuller encouraged people to fill out the Wal Mart forms for the Disney parade.

The President of the Council brought Ordinance No. 366 which would revise 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 to the floor. The President of the Council stated that the Public Hearing had occurred at the last meeting and asked if there were any Council questions.

Mr. Ford asked if there were any written comments received on the Ordinance. The Town Clerk replied that there were none.

Mr. Ed Turner, Executive Director of EBMA, requested time for EBMA to review these changes as they relate to the grandfathering of liquor stores and the sign portion.

Mr. Mayer stated that he thought that the liquor store question was grandfathered and asked if there was any input. Mr. Hamilton discussed non-conforming liquor stores at the last meeting and the grandfather aspects. He stated that existing stores would be frozen in size. Mr. Mayer questioned if the footprint was not changed, what would be required. The Town Planner stated that the owners would be required to keep up the property and discussed this further. Mr. Turner reported that EBMA has not had a meeting scheduled since the last Council meeting. Mrs. Clem stated that she understood that people are busy but this process has gone on for months. She questioned whether she understood the question to delay action on this Ordinance longer. She stated that she does not think this is fair to the public to ask for extensions since everyone has had the same opportunity. The President of the Council asked for the Council’s opinion.

Mr. Ford questioned Mr. Turner whether EBMA would have an opinion by the next meeting. Mr. Turner stated that they would. Mr. Mayer questioned whether Mr. Turner or another member would be present. Mr. Turner stated that it had not been decided. Mr. Ford asked if EBMA could provide written comments well in advance for the Council packets. Mr. Turner stated that they could. Mr. Mayer followed Mr. Ford’s comments and agreed with Mrs. Clem’s concerns but understood the issues involved here. He stated that in his opinion, this would be the last opportunity for EBMA to extend this. Mr. Heinmuller stated that it appears that EBMA has come and said they have not done their homework in planning. Mr. Heinmuller stated that it appears that they are asking us to suspend the rules for two pieces of the Ordinance. He expressed concern over anything that suspends the rules amounting to a precedent. Mr. Heinmuller stated that he thought that anyone that would like to speak on Ordinance No. 366 would have to be equally allowed to comment.

The Assistant Town Attorney, Mr. Stephen H. Kehoe stated that the Council could opt to leave the record open for comments but this would have to be open for all to comment. He stated that the other option would be to re-open the Public Hearing and incur additional expense with published ads, etc.

Mr. Heinmuller questioned whether the Council would be allowed to publish part of the Ordinance. Mr. Steve Kehoe discussed the concept of passing a portion of the Ordinance, which would start the process anew.

The Town Planner discussed the Planning Commission five-year update. He stated that by July, there will be a new Zoning Ordinance and questioned whether there was a desire to hold this to be coupled with the new amendments.

Mr. Ford stated that he did not believe that the Council wanted to wait that long on these matters.

Mr. Heinmuller stated that he was willing to leave the record open for one additional week and suggested copies be submitted to the Town Council by Friday of next week.

The President of the Council stated that he hopes that EBMA understands that parts of this Ordinance are very important to the Council and suggested that the absolute last day for comments on Ordinance No. 366 would be March 27.

Mr. Ford made a motion to hold the record open until March 27 on Ordinance No. 366 at which time no further comment would be allowed, seconded by Mr. Mayer and carried followed by a roll call vote with Mrs. Clem dissenting.

The President of the Council brought Resolution No. 5612 to the floor which would authorize the Town Clerk to abate and/or refund taxes due totaling $22,933.60. Upon motion by Mr. Mayer, seconded by Mr. Ford, Resolution No. 5612 passed following a roll call vote with Mr. Heinmuller voting no.

A letter was received from Mr. Bill Stagg regarding the Waylands Townhouse PUD. Mr. Stagg was present and stated that he was requesting a site plan clarification. Mr. Stagg stated that their desire was to get 36 to 40 units approved. He discussed the need to submit to the Planning Commission any correction of the original PUD. He stated that if he had misunderstood and the Council had approved 36 to 40 units, then nothing was needed.

The President of the Council asked Assistant Town Attorney Kehoe for his opinion. Mr. Kehoe stated that he understood that the Council approved 36 and the change to 38 would be a substantive change. He discussed this further. Mr. Stagg stated that they have not changed the area of the PUD and if they need to specify a number of units, they had asked for up to 40 units. Mr. Heinmuller questioned whether ultimately; everything would remain the same on the project. Mr. Ford stated that he remembered 36 to 40 being discussed. He also remembered Mr. Heinmuller’s comments. He stated that if the footprint changed, it would have to be re-initiated. Mr. Ford stated that one of the intentions of the PUD is to allow flexibility at appropriate usage. The President of the Council read an extract of the minutes where Mr. Stagg proposed 36 to 40 units. The extract continued that Mr. Ford stated that up to 40 units could not be changed without the Planning Commission so he believed that it was already approved.

Mr. Mayer stated that he agreed with what was said in the minutes. Mrs. Clem asked the Assistant Town Attorney if he was comfortable with the understanding. Assistant Town Attorney stated that he was and that unless the Council intended to go up to 40 units, then it would be okay.

Mr. Heinmuller made a motion to clarify that the Council agreed to 36 to 40 units would be appropriate with no change in the footprint, seconded by Mr. Mayer and carried.

Mr. Stagg questioned whether a change in the footprint would require a return to the Planning Commission. Mr. Mayer stated that was correct.

A memo was received from the Town Attorney regarding The Galloways PUD application. The Assistant Town Attorney Mr. Kehoe discussed the metes and bounds description for The Galloways not being included but that a metes and bounds description could be included to clarify this PUD and the Waylands PUD.

Upon motion by Mrs. Clem, seconded by Mr. Ford and carried, the Council accepted the memo from the Town Attorney dated March 11, 1998 on the Waylands and The Galloways PUD applications and directed that they be attached to the PUD file.

A letter was received from David A. Bramble, inc., requesting permission to burn trees and stumps cleared at North Easton Park. The President of the Council referred that matter to the Fire Department.

Mr. Heinmuller questioned whether that was done at the last meeting. Mr. Willey advised that it was. Mrs. Clem questioned if there was someone there 24 hours a day in a fire truck. The President of the Council stated that during the days, there is usually an employee of the company which is burning the stump present.

A letter was received from Mr. Carl E. Burke, Executive Director, Upper Shore Aging, Inc., requesting a feasibility study for a fixed route transportation program. The President of the Council asked for funding comments.

Mrs. Clem questioned the funding allocation and wondered if the County should pay more. She stated that the memo indicated that $3,000 was being requested from Talbot County and $2,000 was being requested from the Town of Easton.

Mr. Ford questioned whether they were asking for additional funds other than from Talbot County. He was answered in the affirmative. Mr. Mayer suggested adding this to the budget request. Mrs. Clem agreed.

The President of the Council brought the Community Survey submitted by Ms. Carlene Phoenix, the Witness Coordinator for the HotSpots Program to the floor and asked for comments.

Mr. Mayer discussed the yes/no format and discussed questions that might hint an answer causing people to go one way or the other. Mr. Ford discussed the visioning process with many of the same results. Mr. Heinmuller stated that he thinks that the study verifies many of the things that was heard in the Visioning process and that this points out some things that could be worked on. Mr. Ford discussed this being an aspect of perception in the area surveyed. The President of the Council stated that he thinks the comments are additional proof to the Town that some of the issues are part of infrastructure request. He stated that it was a nice survey.

The President of the Council brought the matter of the Character Counts! signs to the floor. The Mayor stated the cost of the signs to be estimated at $660. He stated that he would like to be able to explore other avenues that are not as costly if the Council would approve that. Mr. Heinmuller thought that very handsome signs may be obtained that might not be as costly. He stated that he would make some telephone calls. The President of the Council suggested contacting a school woodworking class.

Upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, invoices in the amount of $402,063.35 were approved for payment.

The Mayor discussed the HotSpots meeting which occurred in Cambridge on Saturday. He stated that Mr. Brian Hause was present and reported that this was a very productive meeting. He discussed this further and stated that there were fourteen representatives from Easton. Mr. Hause discussed exercising on specific areas and stated that his understanding was that eventually, this would cause grant requests.

Sgt. Hobbs was present representing the Chief of Police with three issues. The first issue was that today an application had been received for a new HotSpot Grant. The second issue was that EBMA had asked the Police Department to handle the potato race tomorrow. He stated that this had been approved previously and that Lt. Blue would be in charge. He stated that the necessary officers would be provided.

Sgt. Hobbs advised the Council that Col. Chase had done a letter concerning the HotSpot Open House substation on March 23. He stated that the Town of Easton, the Easton Police Department and the HotSpot neighborhood as well as the East End Neighborhood Association would host this. He advised that the Lt. Governor and Mr. Michael Sarbanes would be present.

Mr. Steve Kehoe discussed portable backboards and looking at how this issue is addressed across the state. He stated that there are three options. The first is to leave everything as is. The second is to prohibit these basketballs and the third would be a hybrid to create a permitting processing if these can be used without much obstruction. This would allow the Town to monitor usage. He stated that this matter could be discussed with the Town Planner and the Chief of Police if the Council was inclined. The President of the Council asked the Council’s pleasure. Mr. Ford stated that he felt the permitting process was a step in the right direction and he would like that explored. Mrs. Clem seconded that. Mr. Heinmuller stated that permitting sounds reasonable as long as the cost does not stop those who could not afford the permit from getting such a permit. He stated that he would like the lowest cost or no cost if that were possible. Mr. Mayer stated that he does not disagree with the provision. He stated that he would like the neighbors to have input on whether the permits should be allowed and questioned how this might be handled.

Mrs. Clem suggesting posting or notifying neighbors. Mr. Ford stated that he hoped that this could be used to educate people as well. Mrs. Clem discussed neighbors concerns and suggested these could be signed off when the neighbors are notified. Mr. Heinmuller stated that he felt better when kids were shooting baskets than handguns.

The Town Engineer reported on the spring cleanup activities and the Rails-to-Trails mowing, etcetera, which he stated was early this year. The Town Engineer discussed the removal of trees on Harrison Street. The Town Engineer discussed Mr. Ed Colston and the Easton Veterinary Clinic on the corner of Goldsborough and the Rotary activity. He also informed the Council that the Rotary is policing the Rails-to-Trails area. He stated that there was especially an effort near East End Liquors store and he invited help.

The Town Engineer advised that Mr. Ben Lineberry was on assignment and leaving Thursday. The Town Engineer wanted to acknowledge Mr. Lineberry’s accomplishments publicly. Since 1991, the Town Engineer stated that Mr. Lineberry has been in the position of Staff Engineer to Assistant Town Engineer. He thanked Mr. Lineberry for a job well done.

On the Utilities side, the Town Engineer reported that they are negotiating a power supply contract. He discussed the Maryland Public Service case 8738 concerning Retail Wheeling and the round table process involved.

He stated that he had one item for Executive Session concerning real estate.

The President of the Council discussed the legislative process and utilities. He stated that it was good to reinforce those matters. He also discussed a call about Mr. Hickman’s problem.

Mrs. Clem discussed looking at lighting at two locations and stated that she would clarify that. The Town Engineer stated that Mr. Tim Glass and Mr. Brian Hause would assume many of Mr. Lineberry’s responsibilities. Mr. Hause discussed activities in the vicinity of South Street by the Public Works crews and stated that others are being installed.

The President of the Council thanked the Council members for their listing of legislative priorities and the Town Clerk for summarizing those. He stated that the Council will start with things with the most votes first.

Mr. Mayer stated that the list was helpful and that some of the things that were on there triggered additional votes. Mr. Mayer stated he would miss Mr. Lineberry. He discussed Mr. Lineberry’s accomplishments and accessibility.

The Town Planner asked that an entry be made in the Town Council minutes regarding the Tyrneburry Grant PUD. He stated that the Zoning Ordinance requires that if there is no activity, the zoning will revert after one year to the original zoning so this would revert to R-10A.

The Mayor reported that the process for the new Chief of Police is moving smoothly.

The President of the Council asked if the Crime Task Force meeting had been scheduled. The Town Clerk reported that he had contacted the ladies involved and that a meeting had not yet been scheduled but that they would advise.

The President of the Council stated that the new Chief of Police is scheduled to be announced at the next Town Council meeting.

Mr. Ed Turner invited everyone to the St. Patrick’s Day activities. He asked permission to bag parking meters on Saturday. The Town Engineer reported that there are no meters in the vicinity any longer; there are just posts. He questioned if the idea was to disallow parking. Mr. Turner stated this was correct. The Town Engineer suggested directing that to the Police Department.

Mr. Turner asked permission to use Thompson Park on April 1. He stated that they have permission from the Garden Club of the Eastern Shore for this use. Mr. Mayer made a motion to allow this, seconded by Mr. Ford. Mr. Heinmuller questioned whether any amplified music would occur. Mr. Turner advised that it would. Permission was then granted.

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 8:06 P.M. to discuss the attraction and/or the retention of business.

The President of the Council declared the Executive Session closed at 8:44 P.M.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the meeting was adjourned at 8:45 P.M.

Town Clerk