August 3, 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, Mrs. Clem and Mr. Heinmuller. Also attending the meeting were Mayor C. Eugene Butler, the Town Engineer Hugh Grunden, Assistant Town Engineer Tim Glass and Chief of Police George Harvey.

The meeting was opened with prayer and the Pledge of Allegiance by Mr. Heinmuller.

The President of the Council turned the meeting over to the Chief of Police.

The Town Attorney Mr. Kehoe arrived at 7:01 P.M.

The Chief of Police discussed the incident of June 28 and thanked all allied agencies for their assistance. He discussed the good result of the combined effort and presented awards to the following personnel: Talbot County Sheriff’s Office: Chief Deputy R. Edward Blessing, 1^st Sgt. Edward G.A. Henry, Sgt. Ronald J. Chase, Sgt. Randolph S. Ross, Cpl. Howard W. Kemp, DFC Daniel S. Kakabar, Oxford Police Department: Sgt. Patrick D. Maxwell, St. Michaels Police Department: Sgt. Charles L. Lewis, Maryland State Police – Easton Barrack: Lt. Carl S. Lee, TFC Barry W. Bauguess, TFC Aaron C. Stein, TPR Clinton E. Weems, TRP John D. Stringfellow, Maryland State Police Centreville Barrack: TPR Michelle A. Saboury, TPR Jeffrey S. Pettitt, TPR Jason R. Leichtman, Maryland Natural Resources Police: Sgt. George N. Ball, Jr., Cpl. Mark J. Komenda, Cpl. Karen L. Haddaway, Town of Easton: Robert F. Karge, Sr., Easton Police Department: Chief George M. Harvey, Capt. David A. Spencer, Capt. Melbourne J. Blue, Capt. Robert L. Hobbs, Jr., Sgt. Michael E. Henry, Sgt. David B. Sears, Sgt. Frederick C. Jarrell, Sgt. Gregory S. Wright, PFC George H. Haddaway, PFC Mark R. Waltrup, PFC Mark D. Hrobar, PFC John M. Davidson, PFC John E. Coleman, PFC Ronald A. Mills, PFC Cynthia E. Gardner, PFC Clint T. Bordley, PFC Brian K. Demby, PTL Yvonne T. Freeman, PTL Gregory J. Der, PTL George L. Paugh, III, PTL Martin J. Nielsen, PTL Shayne C. McKinney, PTL Vernon E. Miles, PTL Sean E. Morrissey, PTL Brandon J. Bobbick, PTL Mark L. Gadow, PTL Lisa R. Phillips, and PCO Robert L. Ball.

At 7:16 P.M., the President of the Council continued with the normal agenda.

Dr. Robert Sanchez and Ms. Rhonda Higginbottom were present to discuss their proposed Memory Garden at Easton Club entrance. Dr. Sanchez said they came tonight to present the plan. He discussed their child loss support group, which started in 1985. He stated that he is pleased that the project will be started in the near future with the help of the Easton Club. He passed out photos of the proposal. Dr. Sanchez stated that the parents will benefit and the community will fund and maintain this park. He stated that the land is not being used since it is in the vicinity of a substation of Easton Club. He stated that they are asking for a right-of-way to allow them to use this land as a memory garden. He stated that perhaps they will need one or two parking spaces and that the idea for this area has come from parents who have lost children. He stated that similar to the community pool, they will put named brick pavers down in recognition of the fundraising efforts. He discussed the plan for a brick wall entrance and a waterfall in the center and stated that they needed access for water and electric. Dr. Sanchez asked if there were any questions. The timetable was then discussed with the plan for probably beginning construction in the spring.

The President of the Council asked the Town Engineer if he had any problems or if he had seen the plan. The Town Engineer stated that he had seen nothing that would interfere with their efforts and that it may enhance the area. The President of the Council questioned whether there was an access problem on the road with the parking proposed.

Dr. Sanchez stated that they saw no problem except perhaps at the dedication.

Mrs. Clem questioned Dr. Sanchez on the portrayal on the plan as well as whether there were plans for lighting in the evening. Dr. Sanchez stated that there are plans for lighting at the entrance wall and that this is more of a daytime access. Mrs. Clem discussed discouraging unwanted subjects from the area. She stated that she thought this was a wonderful addition and wished them good luck.

Mr. Heinmuller questioned whether any permitting or fees were required. The Town Planner stated that it sounds to him like a minor adjustment to a PUD and he could approve that. The Town Engineer suggested that if the Council was inclined to pass this, they could at the same time waive any fees. Mr. Heinmuller moved permission to place the memory garden as described and waive any fees. The motion was seconded by Mr. Ford and approved. Mr. Heinmuller stated that his parents lost a daughter. He stated that a project such as this would have been very helpful to his family had it been in place. He stated that he believed this is a tremendous project. He commended Dr. Sanchez and Ms. Higginbottom. Dr. Sanchez stated that this was a group and community effort. Mrs. Clem questioned whether there was a signage requirement. Mrs. Higginbottom discussed the touchstone that they propose. She stated that they have to publicize this and that Easton Memorial Hospital has money allocated for this purpose.

The President of the Council thanked them for their presentation.

The President of the Council asked for a motion to approve the minutes of the July 21 meeting. Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, the July 21 minutes were approved as written.

Mr. Heinmuller questioned the minutes, which were published regarding the Avalon meeting concerning future planning. He stated that he did not receive a copy. The President of the Council stated that he did not get a copy. The Town Clerk indicated that he would provide copies of those minutes.

A memo was received from the Assistant Town Engineer regarding proposed changes to Hanson Street traffic control. Mr. Tim Glass discussed this. Mr. Ford questioned Mr. Heinmuller on his concept. Mr. Heinmuller discussed confusion regarding four-way STOP signs and the drag racing effects, which would be similar to Wrightson, where people accelerated rapidly since they had to stop. He stated that he understands that Maryland Traffic Team indicated that four-way stops are not the way to go to control speeds. Mr. Heinmuller discussed the current construction and not affecting Earle Avenue. He stated that in spite of Mr. Glass’s memo, he still prefers the second choice.

Mrs. Clem stated that whether A or B prevails, there is a need to do some publicity. She discussed the sudden appearance of STOP signs and the disconcerting effect that they have absent any notification. She stated that there should be a way to let citizens know that these changes are coming. Mr. Glass discussed the announcement change method that they use now with signage, etc. Mr. Ford stated that having been a recipient of complaints regarding STOP signs, he feels this needs to be watched over for a few months. Mr. Mayer stated that he understands that Exhibit B is Mr. Heinmuller’s proposal and he then made a motion to pass Resolution No. 5624 with exhibit B, seconded by Mr. Heinmuller and carried unanimously following a roll call vote.

The Town Engineer advised that it may take about two weeks to receive the materials and then he will post the appropriate signs on the east/west streets.

The President of the Council brought Resolution No. 5625 which would approve the Easton Utilities Electric Tariff. The President of the Council stated that there was a Public Hearing held at the last meeting. Mr. Mayer stated that following a presentation, it was brought out that this would bring the Utilities back to breaking even after about nine or so years. Mr. Grunden stated that they are basically trying to true up their revenue requirement. Mr. Mayer noted that the Utilities Commission is not always at the Public Service Commission with rate hikes. He stated that he thinks this is a good service provided at a reasonable cost.

Resolution No. 5625 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 Resolution No. 5626, "A RESOLUTION OF THE TOWN OF EASTON PROHIBITING ON-STREET PARKING ON MEETINGHOUSE LANE" to the floor and asked if there were any questions. There were none. Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, Resolution No. 5626 passed unanimously following a roll call vote.

The President of the Council brought Resolution No. 5627, "A RESOLUTION OF THE TOWN OF EASTON PROHIBITING ON-STREET PARKING ON THE WEST SIDE OF SOUTH WASHINGTON STREET NEAR THE INTERSECTION OF SOUTH WASHINGTON STREET AND BIERY STREET" to the floor. The President of the Council asked if there were any questions. There were none. Upon motion by Mr. Heinmuller, seconded by Mr. Mayer and carried, Resolution No. 5627 passed unanimously following a roll call vote.

The President of the Council brought two memos concerning the proposal to extend twelve-hour EMS programs to twenty four-hour services to the floor. One was received from the Easton Volunteer Fire Department and the other was from the Town Attorney. The President of the council stated that this had been explained earlier at a prior meeting at the Fire Department. The President of the Council asked the Town Attorney if he had any comments. The Town Attorney stated that he did not think there were any legal barriers to the provision of the service. He stated that there is some policy significance providing both for the citizens and that the Charter would allow the Council to support and that the Fire Department could proceed as they saw fit.

The President of the Council asked if there were any Council questions. Mrs. Clem stated that she thinks that this is important and she understands their desire to provide this service. She stated that this needs to be looked at as to how coverage could be improved as well as the service and that she believed that this would need to be worked with in conjunction with the County. She stated that she hoped that they continued to work together and improve services in an equitable manner.

The President of the Council stated he recalled from the meeting that the Fire Department’s intention is a mutual aid versus an adversarial position. He discussed their desire for twenty-four hour service.

Mr. Mayer stated that this is reaching the point of being a necessity due to demands on the volunteers. He discussed the lives being saved as the bottom line. He stated that the Fire Department in Easton has always been in the forefront of these activities.

The President of the Council stated that he would have the Town Clerk forward this matter to the Council with a letter of support and offer to meet with the County to discuss this.

Mr. Heinmuller stated that he offered his support. He stated that this is nothing new and they have already done twelve-hours and this is merely an extension of that. He discussed the significant number of calls within the Town for this type of service. He stated that the need for top-notch service needs to be expanded.

Mr. Mayer made a motion indicating the Council’s strongest support, seconded by Mr. Ford and carried.

A memo was received from the Assistant Town Engineer regarding Colonial streetlights for the Academy of the Arts. Mr. Glass discussed the memo, which he provided, as well as the inclusion of the Waterfowl Festival. The estimated cost will be $2,300 each with three proposed in the vicinity of the Academy of the Arts and three proposed in the vicinity of the Waterfowl Festival at the old Armory.

Mr. Heinmuller questioned whether they were considering talking to Christ Church regarding their involvement and the shared cost.

Mr. Mayer questioned whether they have heard from the Waterfowl Festival and their desires. Mr. Glass stated that this was correct. The President of the Council stated that this matter will be finalized at the next meeting. Mr. Mayer questioned the time lead on the lights of this sort as proposed. Mr. Glass stated that it was substantial. The Town Engineer stated that he suspected there was a twelve-week lead on materials.

A letter was received from Ms. Barbara Zuelke requesting parking considerations and street closing during the Arts Marketplace on October 8 through October 11. The President of the Council turned this matter over to the Chief of Police for his recommendation and action. The Chief stated that they are looking at this already at a way similar to the Waterfowl Festival.

A letter was received from Ms. Carla I. Dutzman requesting consideration of the review of the Town Code, §18-3 concerning fortunetelling and similar practices. The Town Planner briefed the Council members on the prohibition on fortunetelling and similar practices contained in §18-3 and stated that this provision had been in the Code since approximately World War II. Mr. Mayer stated that if people are not having seances, etceteras, he did not feel this is necessarily required. He stated that he also understood the inclination not to change. The Town Planner suggested that the Board of Appeals could hear this matter. Mr. Ford stated that any ordinance on the books fifty years or so should probably be reviewed. The Town Attorney stated that this is not in the Zoning Ordinance, this was passed by the Council as part of the Code and suggested that the Chief review the matter with the Town Attorney and have input for the Council’s next meeting. The President of the Council stated that he will leave this matter to the Town Planner, the Town Attorney and the Chief to collaborate. Mr. Mayer stated that he questioned whether the validity of the claims made by Ms. Dutzman could be established by the next meeting. The President of the Council stated that the Council would answer the request by the next meeting.

The President of the Council stated that at the last meeting, Mr. Dills presented a proposal concerning parking behind Talbottown and the Utilities Business Office and asked for Council comments.

Mr. Mayer stated that this was talked about quite a few years ago and it is getting to the point where it is no longer appropriate to use that area as a staging area. Mr. Mayer stated that it is probably worth doing something well in this vicinity and that he has been asked a couple of times.

Mr. Ford asked if this was included in the current budget. The Town Engineer stated that it had been deleted.

Mrs. Clem stated that she thought this was wonderful and she would like the Town Clerk to develop funding methodology and asked the estimated cost. The Town Engineer stated that he estimated $50,000.

The Mayor suggested contacting Mr. Dills to ask if he would be willing to contribute. Mr. Mayer stated that this is in the Parking District and will generate some Parking Tax revenue. Mr. Heinmuller discussed the additional lots south of the requested area and stated that he did not know if there would be a problem shifting part of the staging area to the south lot.

Mr. Heinmuller stated that he agreed with Mrs. Clem that until the money is found, the Town should proceed slowly. Mrs. Clem stated that she saw no disadvantages but wanted to know one, what is the cost and two, what is Mr. Dills willing to pay? Mr. Mayer questioned how soon this would have to happen under Mr. Dills proposal with the construction. If it is something that does not need to be done until the new budget, then it could be funded then. Mrs. Clem stated that Mr. Dills is looking for a commitment so that he did not utilize much time in a non-productive effort.

Mr. Willey, the President of the Council stated that the consensus of the Council as he saw it was to go along with improving the lot and that there needed to be a discussion concerning the staging areas. He clarified that the Town Attorney is to talk to Mr. Dills concerning contributing funds for the project. The President of the Council questioned if this was agreeable to the Council. The Council indicated that it was.

The President of the Council stated that at the last meeting, the request from the hospital for the CM rezoning was heard. Since that time, the Mayor has sent a memo and there may be additional questions now. The Mayor stated that he assumes that the Council has generated additional questions to be asked. He suggested re-opening the Public Hearing at the next meeting. He asked that the Council submit questions to the Town Clerk in the next few days for compilation and submission to the Council as well as the hospital.

Mrs. Clem questioned whether the hospital has received the information. Mr. John Murray, Esquire, representing the hospital stated that he heard about the matter this afternoon and that he would like to keep this moving along. He stated that the information in the memorandum is misleading and outdated.

The Town Attorney stated that the Public Hearing is needed to be re-opened and he did not believe that it would be appropriate to discuss these matters tonight absent the notice provisions. The President of the Council questioned if the next meeting was acceptable. The Town Attorney stated that as he recalls there was no one speaking in opposition and that a simple advertising could used to provide the appropriate notice.

Mrs. Clem stated that she wished that the questions had been brought forward in time for the Public Hearing. She stated that she had received her copy with the packet on Friday evening. The Mayor stated that he did not think the Council was going to vote at this stage anyway and that is why it is in the packet.

Mr. Murray stated that typically as he understands it, once the Council votes, they instruct the Town Attorney how to draft the ordinance which would delay this matter an additional two weeks. He suggested that the drafting of the ordinance proceed concurrently with the hearing allowing for the shortest possible time. The President of the Council stated that was fair and asked the Town Attorney if this was possible. The Town Attorney stated that he could prepare the Findings of Fact granting the CM request. The Town Attorney stated that at this stage he would be guessing at the grounds under which the Council granted it. The President of the Council stated that it was okay to proceed with the drafting of the legislation. The President of the Council again stated that the Council should get their questions to the Town Clerk who will assemble and distribute them to the Council and the hospital for the next meeting. The President of the Council asked if anyone in the audience had any comments, there were none.

Mr. Ken Bush was present on behalf of the Easton Volunteer Fire Department, Inc. He stated that he had two items for the Council. The first is the Fire Department activity report, which he distributed; the second was the discussion of the street hydrant markings, which is in progress.

Mr. Mayer stated Washington Street is great and he can see where every hydrant is now that the blue markers are down.

The Mayor reported that on August 12, Up With People will be in concert at Easton High School. He also discussed Easton Night at the Shore Birds to be held on August 19. Mrs. Clem stated that she understands that host families are needed for the Up With People cast. The Mayor gave the telephone number for people interested in hosting the cast.

The Chief had nothing to report.

Mrs. Clem asked for a solution for the door to door solicitation and the licensing issues. She asked for information for people interested in responding. The Chief discussed the Town permit and stated that he received numerous complaints about people soliciting door to door without the permits as well as ways that they use to get into the houses. The Chief stated that the police department request that people call 911 and they will check out whoever is doing the door to door sales. He also discussed certain people using this opportunity to steal mail and scout potential victims. The Chief stated that people should ask these vendors to leave. He discussed the trespassing law and stated that it is unsightly, but they could post a NO SOLICITING sign. The Chief discussed a recent case where people were ordered twice to get a permit and the third time they were ordered to leave.

Mr. Ford questioned if the paper was carried with the peddlers. The Chief stated that they are supposed to and discussed the additional identifications, etcetera, which are typically obtained by the police department.

The Town Engineer stated that he appreciated the electric rate consideration by the Town Council. He discussed the PSC Public Hearing and stated that this would typically take a couple of months to complete. He stated that Easton On-Line is close to being commercial. He discussed the beta testing in progress. He stated that they have found bugs and expect that the Council will be very pleased with the result. He stated that this has been worked on since December 1997 and they have additional information, which will follow.

The Town Engineer discussed restructuring and asked for any questions.

Mr. Ford questioned how Easton On-Line will be promoted and how people will know how to switch and what type of advertising will be used. The Town Engineer discussed the print media and the probable stuffers that will be used. He stated that they will continue to offer a differentiated product.

The President of the Council stated that on Wednesday, August 5 at 5:30 P.M., a meeting will be held with the Chamber of Commerce Board. He stated that this will be an open meeting.

The President of the Council questioned whether anything was occurring with the Kerr Foundation’s proposal from some time ago regarding Bay Street. The Town Engineer stated that he was not aware of discussion recently. The Town Attorney stated that this is moving along. He discussed Mr. John White contacting the Town regarding easements and documentation. He stated that this had been sent to the Town for review.

The President of the Council discussed the Legislative Dinner in the fall and suggested contacting MML for dates so the Town could be getting ready for that.

The President of the Council questioned progress on the Welcome Center. The Town Clerk reported that the ad had been drafted soliciting bids to perform the necessary repairs.

The President of the Council set the first meeting of the Traffic and Parking Commission for August 17 at 6:00 P.M. Mr. Mayer questioned who was on that committee. The President of the Council named the members. The Mayor stated that these people have to be sworn in.

Mr. Mayer stated that he had a couple things for Mr. Glass. The first was parking signs, which have been erected on wooden four by fours versus metal posts and the twisting of those signs. The Town Engineer discussed replacing some of these and possible changes of suppliers. He stated that they will continue to replace those as they come upon ones that have not performed as desired. Mr. Mayer discussed various locations and concerns regarding safety.

The Town Attorney stated that he had two items for Executive Session. One concerned the acquisition of real estate and the other matter is legal advice for the Council.

Mr. Heinmuller recognized Mr. Ed Turner and Mr. Leon Sampson, two candidates for public office, who are present tonight. Mr. Heinmuller stated he was disappointed to see the front-page article on the Star Democrat regarding a disagreement between the current and prior Chief of Police. He did not feel that it was representative and did feel that the placement was appropriate.

The President of the Council discussed the Park Board meeting the prior Monday night. He discussed the Comprehensive Park Plan and requested that it be copied for the Council.

The President of the Council asked again for audience comments.

Ms. Paula Coulburn questioned the current drought and the effect on Easton. The Town Engineer discussed Easton’s sources and stated that so far, there has been no impact and they anticipate no alerts.

Ms. Joan Banks announced the National Night Out Against Crime. She discussed the activities, which would occur tomorrow. Mr. Ford questioned where that would occur. Ms. Bank stated that the East End would occur at the Health Department, the West End would occur at Port Street Condominium. She stated that they would tour the HotSpot area.

Mr. Heinmuller thanked the Council for passing so many public safety issues, which will benefit the Fourth Ward.

Mr. Mayer apologized for being unable to attend the Night Out as he had other scheduled activities.

There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Ford and carried unanimously following a roll call vote, the Council went into Executive Session at 8:39 P.M. to discuss the acquisition of real estate and to obtain the advice of legal counsel.

The President of the Council closed the Executive Session at 9:15 P.M.

Mr. Ford reported that there will be a meeting on Thursday at 7:00 P.M. at the Presbyterian Church. He stated that the north Easton residents would like Council members present to discuss various concerns.

Mrs. Clem, Mr. Ford and Mr. Mayer indicated that they would attend that meeting.

There being no further business, upon motion by Mr. Heinmuller seconded by Mr. Mayer and carried, the meeting was adjourned at 9:16 P.M.

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Town Clerk