May 4, 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, Mr. Heinmuller. Also attending the meeting were the Mayor, Mr. Warfield for the Town Clerk, the Town Engineer Mr. Grunden, Chief of Police George M. Harvey, the Town Attorney Christopher Kehoe, the Assistant Town Attorney Stephen Kehoe, Mr. Tim Glass and Mr. Bill Russell of the Easton Utilities Commission, and the Assistant Town Planner Mr. Thomas.

Audience participants included Ms. Carolyn Jaffe, Mr. Eugene Price and Sheriff Thomas Duncan

The meeting was opened with prayer by Mr. Mayer.

Upon a motion made by Mr. Mayer and seconded by Mrs. Clem, the minutes from the April 20, 1998 meeting were approved as written.

Mr. Butler read and presented a proclamation to Mrs. Robin Ford on behalf of the Oncology Nurses Association. Mrs. Clem commented that it was difficult to think back when we did not have oncology nurses or a center and was informed that the center opened in 1990. As a community we should be ever grateful, according to Mrs. Clem. Also, there is a need for volunteers and other forms of support. Mrs. Clem stated that the organization deserves alot of credit

Mr. Willey indicated that a letter had been received from Mr. Bruce Armistread regarding the proposed annexation of Tripps Creek, LLC, Cheston Limited Partnership and Cook's Hope. Mr. Heinmuller commented that he was pleased to see the inclusion of MD Rt. 333. It was referred to the Planning and Zoning Department for review and a recommendation.

Mr. Willey introduced Resolution No. 5616, "A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF EASTON AUTHORIZING THE SUBMISSION OF A MARYLAND SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT TO THE MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING OF INFRASTRUCTURE COSTS ASSOCIATED WITH THE DEVELOPMENT OF NEW SINGLE-FAMILY HOUSING BY THE EASTON HOUSING AUTHORITY ON PROPERTY OWNED BY THE TOWN OF EASTON AND LOCATED ON GRAHAM’S ALLEY." Discussion was tabled until after the scheduled public hearing.

Mr. Willey announced Ordinance No. 371, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING CHAPTER 13 OF THE CODE OF THE TOWN OF EASTON AMENDING CHAPTER 13 OF THE CODE OF THE TOWN OF EASTON BY ADDING SECTION 303.9 TO ESTABLISH MINIMUM REQUIREMENTS FOR EXTERIOR LIGHTING FOR PARKING, DRIVEWAY AND PEDESTRIAN PATHWAYS AND SIDEWALKS IN MULTIFAMILY HOUSING COMPLEXES."

Mr. Kehoe noted the history and research associated with the issue in that the Town Council had asked Mr. Kehoe and Mr. Grunden to research last year. Mr. Grunden and Mr. Kehoe decided an objective standard is necessary which Mr. Grunden provided based upon guidelines issued by the Illuminating Engineers Society of America. Mr. Grunden recommends a standard of 2 lux which is .2 foot candles. This level of lighting should be sufficient for non-high traffic parking and pedestrian areas. Mr. Grunden suggested that he can find areas to show as an example if necessary. He took some specialized equipment to a parking lot in Columbia which shows enough light to see an outline across a parking lot. He further contends that 2 lux is not onerous to residents yet affords some protection. Mrs. Clem asked if lights within Talbot Village would be maintained by the Town of Easton. Mr. Grunden noted that the first part of the Talbot Village entrance belongs to the town and would be maintained by the town; however, further lighting after the turn would need to be maintained by the property owner. Mrs. Clem asked about South Beechwood and was informed that the standard in question does not apply to single family homes. The entrance to S. Beechwood is another matter and improvements there are included in a funding request within the fiscal 1999 proposed budget. The Stoney Ridge townhouses would also have to erect adequate lights. Mrs. Clem considers it a good beginning and inquired about the possibility of changing the standard in the future as the need to do so arises. Mr. Grunden indicated that the area directly under the lights would be significantly higher to accommodate the standard within the entire area. Mr. Heinmuller asked if future project requirements had been adjusted to accommodate the potential new standard. Mr. Kehoe answered in the affirmative. This proposal is intended to address existing outside illumination needs. Mr. Ford verbalized that the proposal gives the town some teeth necessary to deal with the problem.

At 7:15PM, the President of the Council opened the Public Hearing for Easton Housing Authority CDBG Application for funding to develop the final phase of the Graham’s Alley project.

Mr. Thomas presented Resolution No. 5616 which authorizes a Community Development Block Grant. All Block Grant applications require two public hearings. This would be the initial one, and another is required near the end of the project. The hearing tonight concerns authorization of the application by the Easton Housing Authority for Phase Three of the Graham’s Alley project which would provide more opportunities for home ownership. Mr. Bibb has lined up a number of sources of funding. The ad for this Public Hearing ran in the Star Democrat last Monday and no comments have been received to date. Mr. Thomas deferred to Mr. Don Bibb of the Easton Housing Authority and Mr. Ed White of the Department of Housing and Community Development. Mr. Bibb indicated that the Housing Authority is proposing to build thirty units on the Graham's Alley parcel. The grant will cover most of the infrastructure costs associated with the development. Mr. Bibb further described this part of the process as one of the final pieces of the puzzle. While working with various authorities, everything has been covered including lighting. Mr. Bibb showed the proposed site plan and a rendering to general approval. Mrs. Clem asked if there was a bid process involved for infrastructure. Mr. Bibb indicated that it would be based upon the existing Town of Easton procurement policy. Mrs. Clem took time to thank Mr. Eugene Price who sits on that Housing Authority Board for coming and being supportive of housing concerns.

Ms. Carolyn Jaffe noted that the East End Association was very pleased to have been visited by Mr. Bibb and the others three times to offer input. She was also pleased that the project was designed to be a neighborhood rather than a development. A number of things had changed as a result of their input. The process has been very positive. Mrs. Clem asked if the occupant interview process had begun and was advised that it would begin soon. She further inquired about an expected occupancy date and Mr. Bibb said that it could occur within ninety days of groundbreaking. Mr. Mayer asked Mr. White for his impression of the proposal. Mr. White said it is in the category that will score his highest rating.

Upon a motion made by Mr. Heinmuller and seconded by Mrs. Clem, the Council voted unanimously to approve Resolution No. 5616.

The President of the Council closed the Public Hearing at 7:26PM.

Upon a motion by Mr. Mayer and seconded by Mrs. Clem, the Council voted to waive the permitting costs associated with the Graham’s Alley project.

Mr. Willey noted that a letter had been received from Mrs. Margaret Pickall, Chairperson of the Easton Planning and Zoning Commission regarding renovations at Talbottown Shopping Center. He further recommended that the process move forward within the appropriate departments without a Public Hearing at this time. Mr. Ford noted that this was the first official letter from Mrs. Pickall and wanted to publicly congratulate her on her ascendancy as Chairperson. Mrs. Clem asked for clarification on the allowable signage noting that the difference between two signs and three signs is not something she would approve. Are we increasing the allowable signage, and if so, by how much? Mr. Willey responded that the Planning and Zoning Commission is usually on the conservative side and thus he would be comfortable with the signage plan.

Upon a motion made by Mr. Ford and seconded by Mr. Mayer, the Council accepted the recommendation of the Planning and Zoning Commission with Mrs. Clem opposed.

A letter from Infinity Recycling regarding backyard recycling was briefly discussed. Mr. Grunden requested the opportunity to research the issue and was granted that opportunity. Mr. Heinmuller indicated that he supports the concept of recycling and that the town should move forward in the area of recycling. Mrs. Clem asked for a synopsis of the history of recycling in Easton. Mr. Grunden remarked that over the years the town had looked at it and that it is a costly proposition. Easton had talked with Talbot County as well as Queen Anne’s County and St. Michaels but these discussions didn’t bear fruit. Mr. Grunden further indicated that to the best of his knowledge, Infinity offers curbside service throughout the town. They certainly do so in Mr. Grunden’s neighborhood where he pays roughly $35.00 per year for them to pickup bottles, cans, newspapers, etc. Since there is an alternative, and until the economics change, that is the avenue the town has pursued. Mrs. Clem asked if government does a good job of getting recycling information to the public? Mr. Grunden responded that the town has not yet made an effort to do so. He further stated that St. Michaels had been working with Infinity with the town’s share of the cost being promotional and that it did not succeed. St. Michaels Town Manager, Andy Hollis may be able to shed some light on why.

Mr. Willey asked the Town Council for a concensus on when to meet with the Talbot County Council. Either May 19th or May 26th were considered acceptable. Mr. Warfield will make arrangements with the county council and report to the Town Council

Mr. Willey asked how things were progressing with the new Easton Welcome Center to be housed at 11 S. Harrison Street. He was informed that Mrs. General is out of the country and that the ball is in her court. Mr. Grunden informed Mr. Willey that he and Mr. Glass had inspected the building with Mrs. General and found the necessary improvements to be merely cosmetic.

No one representing the Fire Department was present.

Mayor Butler reported that the new Chief of Police was sworn in with many friends and family members in attendance. Mrs. Harvey and daughters were present as well.

Mayor Butler also reported that the Character Counts signs to be located in the Council’s chambers were being relettered to make them more visable.

Chief Harvey reported that he met with his command staff today and emphasized the acronym "Fair for Fairness" as well as the importance of accountability. It was a rather one sided discussion initially with some interesting questions offered later. It was the concensus of the command staff that the new Luminas would not last long in the patrol function and it would be more cost effective if they were used by the Lieutenants. Chief Harvey also voiced his low tolerance for not wearing the uniform properly. He also stated that the department is in good shape and has a good nucleus.

Mr. Grunden reported that the town intends to bid the Northwest Easton Utilities Project near the airport very soon. Mr. Grunden also indicated the his staff is wrapping up the Harrison Street curb, gutter and sidewalk work. Regarding tall grass, the town is taking a very assertive approach by initiating a program of hiring a contractor if an offending property owner does not comply with the ordinance in a timely fashion. The property owner would be responsible for the cost as well as a fifty dollar adminstration fee. The offenders seem to be the same folks each year. If anyone sees a location that is out of compliance, the town will be happy to receive that address. Regarding the North Easton Park, the work was suspended during the winter months which has proven to be the right move. Currently, work is resuming. The town secured the necessary wetlands permit which allows the use of an entrance near Suburban Propane.

On the Easton Utilities side, the management staff is currently involved in a strategic planning process which calls for them to be removed from their daily duties for a time to focus on strategic planning for Easton Utilities. The process thus far has been very interesting and Mr. Grunden is looking forward to reporting back to the Town Council when the process is concluded. Perhaps the process should be migrated into the Public Works Department as well.

Mr. Grunden also took the opportunity to welcome Chief Harvey and state that he is looking forward to a strong working relationship.

Mrs. Clem asked about an observed influx of calls regarding trash pickup regulations in neighborhoods and businesses. In the Chapel area, people are putting trash out on Thursday for pickup on Tuesday. Mr. Grunden felt that the citizenry generally does a good job of complying. Particular locations that fail to comply will receive a visit and a door hanger if they are not home. Follow-up occurs with a more agressive approach when necessary.

Mr. Heinmuller has received favorable comments from business owners and others regarding the Harrison Street project. He also noted that the Citgo on the corner of Goldsborough Street and Rt. 50 has a vigorous display of banners and flags that may not meet the town’s codes.

Mr. Kehoe also welcomed and greeted Chief Harvey. He further reported that he had attended a roundtable discussion in Denton regarding property maintenance codes. Present were attorneys, town administrators, and code enforcement officers. He found that Easton has already implemented all of the techniques that are considered successful in the enforcement of property maintenance codes. Irresponsible landowners are few.

Nextel Communications had asked to lease space on the water tower on Rt. 328. Mr. Kehoe has found that the tower is not actually on Town of Easton property. He suggested that Nextel seek another temporary site for their Memorable Day deadline. He further indicated that he would like to pursue bringing the tower into town through annexation, as well as stray portions that have been overlooked over time in that area.

Mr. Lee Roberts, representing two churches in Talbot County and two churches in Caroline County asked about securing a permit to have youth outreach services on the street. This would be held in areas that are not just in the black sections but also near the Tred Avon Square. Other churches are interested in helping as well. Biblical direction for our youth is extremely important. Mr. Willey advised that Mr. Roberts should work with Mr. Thomas and the Chief if necessary. Mr. Thomas advised that since Mr. Roberts wants to use the street, his request must come before the Town Council. Mr. Willey asked that Mr. Thomas get the request squared away and point Mr. Roberts in the direction he needs to go.

Mr. Ed Turner, Executive Director of the Easton Business Management Authority advised that the EBMA is sponsoring a design workshop from 9:30AM to 1:00PM on Wednesday, May 6th at the Avalon Theatre.

Mr. Ford reported that he had been to a second meeting at "For All Seasons" concerning a grant to assist with the needs of the Hispanic community. The core group is expanding. He will keep the Town council informed as that process progresses. He also had the opportunity and pleasure of walking with Officer Miller through Talbot Village and found it refreshing to see children interact with Officer Miller in a positive way. Also, some of the pothole patches need to be expanded. Mr. Ford further reported that portable backboards are expanding, and that the issue should be resolved soon.

Mr. Mayer also discussed the portable backboard issue. He suggested that perhaps a permit would help. With a permit, if it is a problem in a particular area, the permit could be pulled. Mr. Kehoe responded that his proposal is not to allow them in the streets at all. Further, Mr. Kehoe said that he was not sure that it would be the right approach to have a prohibition against having portable backboards in the street with enforcement prompted only by complaint. Mr. Mayer noted that a number of communities are looking at the problem and that Hyattsville did a general law allowing a police officer to judge whether it is a public nuisance or not on a case by case basis with noise as a consideration. Mr Kehoe has some concerns about placing so much responsibility on a police officer. Mr. Mayer clarified that it was a generalized law that allowed for the enforcement of other nuisances as well. Mrs. Clem stated that it would be helpful if Chief Harvey could talk with someone regarding the history of this issue. Col. Chase had kept records of the number of complaints received since last Fall to determine if we were talking about one-hundred fifty people or five. Those records may give the Town Council the information necessary to determine the extent of the problem. Perhaps interested parties should register at the Town Office giving their name and relevant information and if the Town should get more than one call, their permission would be removed.

Chief Harvey indicated that the problem is universal. When a portable backboard goes up, if a uniformed officer does not find it before a vehicle that is used to travelling along that street does, children may be injured. Noise laws are usually not adequate. Chief Harvey proposes a low key enforcement with education. This approach may generate dividends while further research is done. Mr. Mayer remarked that in dark areas an accident could quickly occur.

Mr. Willey remarked that he is waiting for a date for the County Council to meet, either the 19th or the 26th and that the Town Council needs to set aside three nights soon for budget discussion. These dates will be set at the next meeting.

Carolyn Jaffe thanked Mr. Ford for being out in the community and for dealing with community policing issues.

Upon a motion made by Mr. Ford and seconded by Mr. Mayer and carried unanimously, the Council voted to go into Executive Session at 8:05 PM to discuss personnel and matters concerning business.

The President of the Council declared the Executive Meeting closed at 8:20 P.M.

There being no further business, upon motion by Mrs. Clem and seconded by Mr. Mayer and carried, the meeting was adjourned at 8:21 P.M.

Richard T. Warfield for Town Clerk