May 18, 1998

May 18, 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 with the following members present: Mr. Ford, Mr. Mayer, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were the Mayor, Chief of Police, Town Engineer, Town Attorney, and Assistant Town Attorney Mr. Stephen Kehoe.

The meeting was opened with prayer by Mrs. Clem.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, minutes of the May 4 meeting were approved as written.

The President of the Council brought Ordinance No. 371, "AN ORDINANCE 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 PEDESTRIANS PATHWAYS AND SIDEWALKS IN MULTI-FAMILY HOUSING COMPLEXES" to the floor.

The Town Attorney stated that this arises out of on going discussions. He discussed the 2-lux minimum, which is a national standard. The Town Engineer stated that with 2-lux you could see movement but not necessarily be able to describe a person. He stated that this ordinance would require 2-lux minimum in all specified locations and that this can be effectively administered.

The President of the Council stated that as he recalls, this is a safety issue. The Town Engineer stated that this was correct and that the Police Department has raised this issue on several occasions.

Upon motion by Mrs. Clem, seconded by Mr. Mayer, Ordinance No. 371 passed unanimously following a roll call vote.

A memo was received from the Town Planner concerning the Second Annual Delmarva 500 Mini Grand Prix. The Town Planner stated that he could approve everything except for the balloons requested. He stated that this was done last year with Council approval. The President of the Council asked for the Council’s pleasure.

Mr. Ford stated that if he remembers correctly, there was an H & G request immediately following the permission granted last year. He stated that there might be an inordinate amount of requests and it doesn’t add attractiveness. He stated that he would prefer not to approve this. The Town Planner stated that he would prefer to treat all of them alike.

Mr. Heinmuller stated that he understands that some of the funds went to charity. The Town Engineer stated that he believes some of the funds went to the hospital. Mr. Mayer stated that he does not have a problem with it since in the past, there has been some consideration given. Mr. Heinmuller stated that he does not have a problem. Mrs. Clem stated that she does not have any comments.

A motion to approve the request was made by Mr. Mayer, seconded by Mr. Heinmuller and carried with Mr. Ford dissenting. The permission required the balloons to go up on June 13 and down in the evening of June 14.

A letter was received from Mr. Barclay Trippe; Trustee of the Mary Jenkins House, requesting the waiving of permit fees necessary for restoration of the Jenkins House located at 30 S. Washington Street. Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted to waive the fees.

A letter was received from Mr. Carl Burke, Executive Director, Upper Shore Aging, requesting funding allocation to Upper Shore Aging to fund the local match requirement for the Comprehensive Transportation Study. Mr. Burke’s letter indicated a request for $5,000 to match the Comprehensive Transportation Study since he did not believe that the county funds he anticipated would be forthcoming.

The President of the Council referred this matter to the Mayor for budget consideration. Mrs. Clem stated that she understood that there was $5,000 necessary to fund the study. Mr. Heinmuller stated that this would benefit three counties. The President of the Council discussed the sizeable population served in Easton. Mrs. Clem stated that she would like to know if other municipalities were asked using some sort of formula. The Town Clerk was directed to contact Mr. Burke to clarify the funding by others by the June 1 meeting.

A letter was received from Captain Charles W. Smothers requesting financial support for the Blake Blackston American Legion Post 77 to compete in the national Color Guard Competition in New Orleans, Louisiana August 30, 1998.

Mr. Mayer questioned what the amount was they were looking for. The Mayor stated that they were looking for any amount. He stated that he was thinking $500. Mr. Mayer stated that he did not have a problem with that. He stated that the Post represents Easton very well. Mr. Mayer made a motion to grant $500 contribution, seconded by Mr. Heinmuller. Mrs. Clem discussed other ways the Color Guard could generate financial support and stated that she believed that many in the community would support that effort. Mr. Ford noted that the letter requested any amount as a contribution. There being no further discussion, the motion passed.

Upon motion by Mr. Ford, seconded by Mrs. Clem and carried, invoices in the amount of $503,580.62 were approved for payment.

A letter was received from Sheriff Tom Duncan questioning why the Town Council does not have the Pledge of Allegiance. The President of the Council stated that he was at a loss. He did not know why it was not done. The Mayor stated that he thought it was a good idea and that it gives a patriotic impression toward the flag. The President of the Council questioned the Town Attorney whether there was any change required in the Rules of the Council to enact the Pledge of Allegiance. The Town Attorney answered that there was no change necessary. Mrs. Clem stated that she thought it would be a good idea and made a motion to begin each meeting with the Pledge of Allegiance following the prayer. Mrs. Clem’s motion was seconded by Mr. Mayer and carried. The President of the Council stated that the person leading the prayer would also lead the Pledge of Allegiance. The Town Attorney suggested sending a letter inviting Sheriff Duncan to the next meeting.

There was no Fire Department report or representative.

The Mayor discussed the Character Counts! Pillars that have been made readable in the Council’s Chambers which will change periodically.

Chief of Police Harvey discussed a request from the Arthritis Foundation for a walk on June 28. He discussed the routes. He also discussed the police assistance requested and stated that the department can handle that. Chief Harvey recommended approval. Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, the Arthritis Foundation Walk was approved.

Chief Harvey stated that he had received a letter from FOP Lodge 18 advising of a fundraiser in progress. He stated that many police fundraising claims are bogus and he suggested that all people scrutinize these things closely for any outfit claiming to be for law enforcement. Chief Harvey stated that he would send a letter suggesting that the FOP advise that the specific fundraising company will be soliciting on their behalf. The Chief noted that only about 10% of monies raised go to FOP and 90% typically goes to the fundraisers.

Mr. Ford asked how the community policing was reorganized and where specific officers will be serving. Chief Harvey reported that there will be no change in the manpower allocation. He stated that this will now be called Community Outreach and would deal with quality of life issues for the entire town. Chief Harvey stated that his predecessor did not give arrest authority to officers assigned to this duty. He stated that he has, in fact directed that these officers perform arrests as well. He stated that he will provide something in writing to the Council.

The Town Engineer reported that the Harrison Street reconstruction project is moving forward. He discussed this at some length. The Town Engineer discussed lighting at South and Harrison Street, which was improved today, and thinks that it is in service currently. The Town Engineer stated that the town wide paving should commence in a couple weeks. He discussed alternate routing.

The Town Engineer discussed being contacted by Judge North concerning an antique car show, which will occur in mid October. The Town Engineer stated that the antique club has asked permission to use the Brewer’s Lane lot for storage and staging. Mr. Grunden asked Council’s permission to proceed. Mr. Mayer stated that the cars are valuable and stated that he saw no problems with the request. The President of the Council asked for more information concerning times, etc. The Town Engineer stated that he had already asked Judge North to provide that information. Mrs. Clem questioned if there was any liability to the Town. The Town Attorney stated that there was not and that he believes that this group has been here at least twice before. The President of the Council stated that he sensed Council agreement but would like more information.

The Town Engineer reported on the Easton Utilities side, a rate revision on the electric department will be forwarded to the Council. He stated that the rate revision would be the first in nine years. He described it as a modest increase.

The Town Engineer requested the appointment of Mr. Tim Glass as the Assistant Town Engineer and stated that he had consulted with the Mayor on this. Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the appointment of Mr. Glass was approved.

The Town Attorney discussed prior discussions in Executive Session concerning Mulberry Mews litigation. He discussed the Board of Appeals hearing which occurred last week. The Town Attorney stated that he believed the hearing went well. He stated that the Board of Appeals would schedule a meeting to render a decision.

The Town Attorney stated that the Mayor and Mr. Ford have asked at various times about portable basketball backboards. He stated that he has spoken to various people and that the consensus is that a portable backboard in a paved area of the street is an obstruction which should be handled by the police department, not necessarily by arrests but as described by Chief Harvey at the last meeting. He discussed problems with permitting. He stated that the consensus clearly indicates communities view this as a police matter as with any other obstruction in the street. The Town Attorney stated that he believes that the Town Code covers this.

The Chief stated that this is also covered in the Maryland Transportation Code. He stated that he and the Town Clerk went through a development today and observed no less than nineteen portable basketball backboards in the area of the streets.

The President of the Council stated that a few weeks ago, he had raised the issue of a Parking and Traffic Commission. He stated that he would like a Commission appointed of five residents of the Town including representation of the Police Department and the Town Engineer’s office.

The President of the Council asked for any audience comments.

Ms. Rosemary Garrett, 102 S. Aurora Street, welcomed the Chief and gave him T-shirts. She discussed officers doing safety belt checks at South and Aurora Street. She discussed No Trespassing signs.

Mr. Heinmuller asked Ms. Patty Tribbett of the Delmarva 500 Mini Grand Prix what charity received funds from their event last year. Ms. Tribbett stated that the Easton Rotary Youth and Community Fund received money.

Mr. Mayer reported that he believes that the area of Hollyday and Diamond Street with dead-ends should have No Outlet signs. Mr. Glass stated that he will look at that.

Mr. Mayer discussed the tall grass procedure. The Town Engineer discussed the Ordinance allowing five days from the notice allowing the property owner to correct the situation. He stated that typically, his office allows seven days due to mail lag. He stated that they are taking an assertive approach and that if the grass is not cut, the Town will step in and cut the property with an additional $50 administration fee. This fee would be added to contractor’s charges. He stated that municipal infractions could be issued if necessary.

Mrs. Clem stated that she hoped that the public would be encouraged to correct this. The Town Planner discussed advertisements being placed to this effect. Mrs. Clem discussed Public Service Notices and getting the word out. The Town Engineer discussed the education and enforcement as well as chronic offenders.

Mr. Heinmuller requested that the ad be posted on the outside bulletin board of the Town Office. Mr. Heinmuller then asked Mr. Willey to put together a Town meeting.

The President of the Council discussed the upcoming Council’s calendar.

The Mayor reported that two citations had been received from Governor Glendening. One was for the Mayor and one was to the Council for a conference held in Easton over the past weekend.

There being no further business, upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the meeting was adjourned at 7:45 P.M.

Town Clerk