December 7, 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 the Mayor C. Eugene Butler, Town Engineer Mr. Grunden, Captain Melbourne Blue of the Easton Police Department, Town Attorney Mr. Christopher Kehoe and Assistant Town Engineer Mr. Tim Glass.

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

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, minutes of the November 16 and November 18 meeting were approved as written.

Ms. Cheryl Lash, First Night Talbot was present and advised the Council of the special events they have planned including the parade and the fireworks. She discussed the matters included in her letter dated December 7. She stated that they have received Police Department approval. She referred to two corrections to the letter and asked for any questions.

Mrs. Clem asked what type of fireworks they intended to use. Ms. Lash stated that they use ground fireworks not the aerial type. She stated that the distance is sufficient from the Talbot County Courthouse for the Talbot County Council to already approve this. She stated this would be the same as they did in 1994 and 1995. There being no further discussion, upon motion by Mrs. Clem, seconded by Mr. Mayer and carried, permission was granted to close the streets and have the parade and fireworks as detailed in the letter.

Thomas Alspach, Esquire, was present and stated that he has a matter pending before the Board of Zoning Appeals regarding the Easton Utilities’ Inventory Storage Lot. He stated that he was not present to discuss the legal issues involved. He stated that he has other issues that he would like to bring to the Council’s attention. He stated there are two areas of concern that he would like to make the Council aware of. The first is how permits are granted to Easton Utilities’ Commission. He discussed the Grading Permit and the Stormwater Management Permit. Mr. Alspach alleged that the Easton Utilities Commission has the authority to grant permits to themselves and that oversight is lacking. He stated that this is a conflict of interest that no other developer can do and questioned whether this was in the best interest of the Town.

The second matter is the substance of the decision which concerns him. He passed out photos before and after. He stated that the issue is whether or not the Easton Utilities Commission has complied with the applicable regulations. He stated that he believes that a decision to pave over two acres of green space should not happen without Council approval. He stated that there should be more oversight. He stated that the paving of the storage lot has not come before the Town Council. He stated that the deed says that the property belongs to the Mayor and Council, not the Easton Utilities Commission.

Mr. Alspach stated that Mr. Kehoe provided letters showing notice and that this will be addressed at the Board of Appeals. He stated that no one understood the magnitude of the letter informing them of what was occurring. He thanked the Council for their time.

The President of the Council brought Ordinance No. 379, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A) ZONING CLASSIFICATIONS TO CERTAIN PROPERTY OWNED BY CHARLES O. PARKS AND MINNIE ESTHER PARKS, UPON THE ANNEXATION OF THE PROPERTY INTO THE TOWN OF EASTON" to the floor.

Upon motion by Mr. Mayer, seconded by Mr. Ford, Ordinance No. 379 passed following a roll call vote with Mrs. Clem abstaining.

The President of the Council brought Resolution No. 5642, "A RESOLUTION OF THE TOWN OF EASTON TO ANNEX CERTAIN LANDS OWNED BY ARGONAUT LAND COMPANY L.L.C. LOCATED ON THE SOUTHERLY SIDE OF MARYLAND ROUTE 33 AND CONSISTING OF 386.44 ACRES OF LAND, MORE OR LESS AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATION" to the floor for a first reading. The Town Attorney stated that Resolution No. 5642 and Ordinance No. 381 have a Public Hearing scheduled for January 4, 1999 but that the purpose is to introduce both of these so that the public can have adequate time to review them.

The President of the Council introduced Ordinance No. 381, "AN ORDINANCE OF THE TOWN OF EASTON AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF EASTON TO APPLY AN ORIGINAL ZONING CLASSIFICATION OF A-1 (AGRICULTURAL) TO CERTAIN LANDS ANNEXED TO THE TOWN OF EASTON LOCATED ON THE SOUTH SIDE OF MARYLAND ROUTE 33 OWNED BY ARGONAUT LAND COMPANY L.L.C. AND CONSISTING OF 386.44 ACRES MORE OR LESS" to the floor for a first reading.

The President of the Council brought Resolution No. 5643, "A RESOLUTION OF THE TOWN OF EASTON APPROVING AN AGREEMENT BETWEEN THE TOWN AND THE STATE OF MARYLAND DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR ADMINISTRATION OF HOME INNOVATIONS FUNDS AND DESIGNATING THE EASTON HOUSING AUTHORITY AS THE TOWN’S SUBCONTRACTOR FOR SAID AGREEMENT AND AUTHORIZING THE MAYOR AND TOWN CLERK TO ENTER INTO A SUBCONTRACTOR’S AGREEMENT WITH EASTON HOUSING AUTHORITY" to the floor.

The Town Attorney stated that this is a separate program, which the Easton Housing Authority would like to act as a conduit for State of Maryland loans for moderate housing. He stated that the Town has done a similar program under Mayor Murphy. He stated that the Council has seen this before in July but there are some minor changes for this.

Mr. Mayer questioned whether the Housing Authority is the actual sub-contractor. The Town Attorney stated that the Town will be the actual contractor and the Town will function as the conduit. There being no further discussion, upon motion by Mr. Mayer, seconded by Mr. Heinmuller, Resolution No. 5643 was passed unanimously following a roll call vote of those members was passed unanimously following a roll call vote.

The President of the Council brought Resolution No. 5644, which would authorize the Town Clerk to abate and/or refund taxes totaling $7,690.60 to the floor. Resolution No. 5644 was moved for passage by Mr. Ford seconded by Mr. Mayer. Mr. Heinmuller advised that he would abstain since he is employed by one of the companies involved on the Resolution. Resolution No. 5644 passed following a roll call vote with Mr. Heinmuller abstaining.

The President of the Council asked the Town Planner to discuss the next two items, which were PUD amendments forwarded from the Planning Commission.

The Town Planner stated that the first is an amendment to a PUD for a shopping center, which would be for the Acme Store expansion. He stated that this shopping center was never approved as a PUD but it now requires a PUD review due to changes in the Ordinance. He showed the location on the map and he discussed the 14,800 square foot addition to the west side of the Acme store to a total of 44,600 square foot. He stated that the Planning Commission recommended approval four to zero and recommended one tree for every five parking spaces. The Town Planner told the Council that they had the option either to approve this as is or to hold a public hearing. He stated that they are short twelve parking spaces but this is consistent with other shopping centers and this is acceptable to the Planning Commission.

The President of the Council questioned whether there was any impact on the Chamber of Commerce Building. The Town Planner stated that there is not. He discussed parking changes which would be necessary due to the expansion. He discussed parking in the rear of the building area from another site.

Mr. Ford stated that in light of the recent application and denial for a PUD at Easton Commons, the one reason for the denial was that the Comprehensive Plan is not supportive of additional shopping centers. Mr. Ford stated that the Comprehensive Plan does support in-fill of existing shopping centers.

Mr. Heinmuller questioned the mezzanine proposal. The Town Planner asked Bruce C. Armistead, Esq., representative of the applicant for assistance. Mr. Armistead discussed the change in the main entrance area and stated that the front door would move towards the Chamber of Commerce. He discussed the mezzanine area. The President of the Council asked if there were any additional Council questions.

Mr. Mayer recommended approval of the PUD amendment. Mrs. Clem stated that she is concerned that people have not had adequate notice. She suggested that the Council err on the side of caution and allow input. Mr. Mayer disagreed and stated that the Planning Commission had a public hearing and the zoning law was changed to make these types of projects easier to move forward.

Mr. Heinmuller stated that based upon the size of the request being more along the lines of the previous approval of Sights & Sounds versus a massive Wal Mart store, he stated that he would be prepared to vote tonight. Mr. Ford stated that this has been made public at the Planning Commission and here tonight. The Town Planner stated that the Planning and Zoning Commission agenda has run in the newspaper. The President of the Council asked if anyone was prepared to make a motion to approve this. Mr. Ford moved approval, seconded by Mr. Mayer and carried.

The Town Planner stated that the next item on the agenda regarding Cooke’s Hope has been asked by the applicant to be tabled until the next meeting.

The President of the Council stated that two memos were received from the Traffic and Parking Commission. He suggested referring these to the Police Board.

The first memo concerned a request for two-hour parking zone for the Cigar and Smoke Shop at Glenwood Avenue.

The second is a request for a four-way stop at the intersection of Hanson Street and Earle Avenue.

Mr. Ford stated that two people are here to discuss the four-way stop. Mr. Heinmuller stated that he would like public debate on the four-way stop. The President of the Council asked if there were any two-hour parking comments. Mr. Heinmuller expressed concern that the residential parking might be impacted negatively. He stated that he has been assured that this plan fits residential uses and it looks like a good deal. Mr. Mayer thanked the Commission and stated that in front of Hill’s and McCord’s are similar parking areas. He stated that he believes that this is the right direction. Mr. Ford stated that both recommendations came with an attachment concerning a policy statement questioning what the procedure is with those.

Bruce C. Armistead, Esquire, a member of the Traffic and Parking Commission, stated that they have wrestled with what the Council wanted done in these matters. He stated that they did not want to make a case by case basis. He stated that where appropriate, they thought that a parking policy recommendation might be appropriate and they have forwarded those for the Council do either adopt or reject at their pleasure.

Mr. Ford stated that he was curious about an adoption procedure. The Town Attorney stated that the Council could pass a resolution or an ordinance. He suggested that parking amendments should be done in the Town Code. He discussed the policy concept statements in the Zoning Ordinance, etc.

Mrs. Clem questioned whether this should be drawn up. The Town Attorney suggested referring the matter to the Police Board for enforceability consideration. The Town Engineer stated that his office would have comments as well. He stated that to set policy without reviewing each case might be overly broad. He stated that he lauds the effort to caution against setting policy statements more for reaching then intended.

Mr. Armistead stated that the Commission did not intend to legislate and that if the Council was not comfortable, then the commission could use these types of documents internally.

The President of the Council asked for discussion on the four-way stop. Mr. Neil Mufson stated that he lives at Hanson and Earle Avenue. He discussed a petition regarding the changes in the traffic pattern and signs installed. He discussed removing the sign at Earle Avenue. He stated that speed in the area has changed and now people speed on Earle Avenue. He discussed seven families with very young children within three houses of the intersection. Mr. Mufson stated that he believes safety was compromised by a lack of a stop sign on Earle. He discussed the positive growth in the area. He requested re-instatement placement of the stop signs at Earle. He stated that the Police Department has run speed traps but the speed is still excessive. Mr. Brandon Murphy, 106 Earle Avenue, stated that he supported Mr. Mufson’s comments. He discussed increasing amounts of traffic on Earle Avenue and stated that he would like to see a change to a four-way stop. Mr. Murphy discussed the Brookletts and Hanson intersection if traveling south and stated that you cannot see cars coming in the daytime. He asked consideration for a four-way stop sign there.

Mr. Heinmuller offered his thoughts on the policy statement suggested by the Traffic and Parking Commission. He read the statement and stated that the one thing they learned from the Wrightson Avenue experience is that the Council went overboard on four-way stops. He stated that four-way stops are not effective to slow speeders based upon his reading of documentation. He stated that he has a problem with a policy statement based upon a couple of resident complaints. He expressed concern and stated that he goes through both intersections. He stated that he has a problem with the general statement. He discussed other areas where this could be requested and cause problems as formulated in the policy statement submitted by the Traffic and Parking Commission.

Mr. Murphy questioned whether the Town Engineer had an opinion on this. The Town Engineer stated that the original recommendation from his office was for four-way stops and this was presented to the Town Council.

Mr. Mayer stated that he thought that the four-way stop was appropriate. The President of the Council referred the matter to the Police Board and subsequently to the Town Engineer’s office for an opinion.

A letter was received from Mr. William R. Runyan, Talbot County Engineer, requesting the Town to waive permitting fees for the Talbot County Roads Equipment Building.

Upon motion by Mr. Mayer, seconded by Mrs. Clem and carried, permission was granted to waive those fees.

A letter was received from Mrs. Judy Pinsky, President, MCTV, requesting approval for the appointment of Mr. Gerald Usilton to the MCTV Board of Directors.

Upon motion by Mr. Mayer, seconded by Mr. Ford and carried, permission was granted to appoint Mr. Usilton.

A letter was received from Dr. Mark DeLaurentis regarding the traffic light situation at Oxford Road and the by-pass. The President of the Council referred this matter to the Traffic and Parking Commission.

A memo was received from the Town Attorney regarding trash collection and noise problems. The Town Attorney discussed possible traffic and safety issues and the negative impacts on surrounding residents. He suggested the St. Michaels solution for the Council’s consideration. Mr. Grunden requested that any time limitation begin at 6:00 A.M. since that is when Town crews begin to pick-up. The Mayor supported this. The Mayor stated that this is very important to Mr. Kilmon and he thinks that it might be time for action.

Mr. Mayer questioned what other communities are doing. The Town Attorney stated that he had only looked at the St. Michaels solution. He stated that he was not aware of complaints other than Mr. Kilmon’s except for the case of unauthorized use of the Town lot behind the Utilities Business Office. Mr. Mayer wondered if this would cause one more problem. He stated that he would like more information and enforcement information.

The Town Attorney suggested contacting commercial haulers and ask them for their views.

Mr. Ford discussed the Maritime Museum’s adamant opposition to early pick-up times and stated that the companies ignored this. He stated that leaving this matter up to the individual businesses might not be successful.

Mr. Heinmuller noted that Mr. Kilmon’s address is not within the Town limits. He stated that the noise is from Town business areas. The Mayor discussed the noise arising from the direction of Taco Bell and 7-Eleven as early as 4:00 A.M.

The President of the Council asked the Council’s pleasure.

Mrs. Clem stated that she has a problem with the Ordinance. She likes the idea of going to the trash haulers. The Mayor stated that this has already been done. Mr. Kilmon was present and discussed the problem that started in April 1987. He discussed the noise and the need to bang the dumpsters in order to empty them. He discussed the backup alarms. He stated that he has no problem with traffic noise from Route 50. He stated that he contacted Waste Management, Inc. and the problem continued in the vicinity of Taco Bell and 7-Eleven. He stated that the haulers have come as early as 1:30 A.M. On Thanksgiving, they arrived at 4:15 A.M. On the past Wednesday, the picked up at 2:45 A.M. He stated that the businesses have talked to the haulers but the haulers have not cooperated. He stated that he has no problem with the commercial growth, but this will have to be addressed and he would like an Ordinance drawn up and enacted as soon as possible.

Mr. Ford stated that in the current Charter, he believes there is a prohibition with a certain time limitation.

Mr. Ford stated that a permit is required for trucks between Route 50 and the parkway already for travel prior to 6:00 A.M.

Captain Blue stated that the 7-Eleven on Washington Street does not have this problem due to that limitation. He stated that this will be tricky when factoring in Route 50 traffic.

The Town Attorney stated that he thinks that the focus should be on the problem, which are the trash haulers, not the interstate trucks.

The President of the Council asked the Town Attorney to prepare the paperwork.

Mr. Ken Bush of the Easton Volunteer Fire Department, Inc. was present. He reported that the holiday decorations were in place. He suggested that people be cautious with decorations and avoid fire and electrical hazards. He discussed this further.

Mr. Mayer stated that the decorations look good.

Mr. Heinmuller thanked the Fire Department for the participation in the parade on Friday night.

The Mayor stated that he had one item for Executive Session regarding real estate.

The Town Engineer discussed the snow removal meeting, which was held to prepare for that eventuality.

On the Utilities side, Mr. Grunden, General Manager reported that the Eastern Shore Natural Gas Certificate matter is before the FERC. He discussed this further. He discussed an opportunity to help keep costs away from consumers within the Town who are not receiving benefit. He discussed restructuring and the electric tax. He discussed hearings and attempts to insure fairness.

The Town Engineer reported that Easton OnLine will go live on Friday, December 11. He stated that they are very excited about the future of electronic Easton. He stated that he has three items for Executive Session. One concerns real estate, one concerns litigation and one item is a personnel matter.

Mr. Ford questioned the method to change Internet providers. The Town Engineer discussed this.

Mr. Heinmuller questioned the Town Engineer about Y2K potential events and stated that the Town Clerk had assured the Council more than a year ago that the Town would be ready. He questioned contingency planning by the Utilities. The Town Engineer stated that most of their systems are Y2K compliant. He stated that some are being looked at and they will be compliant, probably by July. He discussed their plan and assessment. The bottom line is that the Utilities can run manually if need be. He discussed their plan to deal with December 31, 1999. He discussed development of statements for vendors.

The Town Attorney stated that he had two issues for Executive Session. The first was litigation and the second was a proposal to attract or retain business.

The Town Attorney stated that the Town Engineer had referred to the snow meeting. He brought the Council to Ordinance No. 382, "AN ORDINANCE OF THE TOWN OF EASTON CLARIFYING THE SNOW EMERGENCY REGULATIONS BY AMENDING SECTION 17-37(B)(2) AND ADDING SECTION 17-37(B)(3) TO THE TOWN CODE" and asked that it be introduced as a first reading. The President of the Council stated that was fine.

The President of the Council asked if there were any audience comments.

Mr. Don Bibb, Executive Director, Easton Housing Authority was present and stated that the HUD report was 99.6% compliant for the Easton Housing Authority in August. He stated that they obtained 100% last week.

The President of the Council went through upcoming calendar items.

Mr. Ford stated that he had attended the County Council’s swearing in and he looked forward to working with the new County Council. He stated that last Monday’s Planning and Zoning workshop was held with the Council regarding growth. He stated that the next morning, there was a story on National Public Radio about the National Space Station and discussed how that tied in to the NASA Center.

Upon motion by Mr. Mayer, seconded by Mr. Heinmuller and carried, the Town Council went into Executive Session at 8:15 P.M. to discuss real estate, litigation, attraction and retention of business and a personnel item.

The President of the Council declared the Executive Session closed at 9:45 P.M.

Upon motion by Mr. Mayer, second by Mr. Heinmuller and carried, the meeting was adjourned at 9:46 P.M.

Town Clerk