May 3, 1999

The Town Council of the Town of Easton met today at 7:00 P.M. The meeting was called to order by the President of the Council, 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, Town Engineer Mr. Grunden, Assistant Town Engineer Mr. Glass, Chief of Police George Harvey, Town Attorney Mr. Kehoe, Assistant Town Attorney Mr. S. Kehoe, Town Planner Mr. Hamilton and Assistant Town Planner Mr. Thomas.

The meeting was opened with prayer led by Mrs. Clem. Mrs. Clem led those present in the Pledge of Allegiance.

Upon motion by Mr. Mayer, seconded by Mrs. Clem the minutes of the April 19, 1999 meeting were approved as written.

Mayor Butler introduced Ms. Debbie Haggar, Executive Director of EBMA.

The President of the Council brought a memo to the floor from the Mayor recommending the re-appointment of Melbourne J. Blue to the Talbot County Parks & Recreation Board. Mr. Mayer made a motion to approve the recommendation, seconded by Mr. Ford and carried unanimously.

The President of the Council discussed a letter received from Mr. and Mrs. Dobson, 221 Glenwood Avenue, regarding the removal of a tree that is blocking the drainage on their property. Mr. Grunden stated that Mr. Glass had reviewed that matter and had indicated that it is not blocking the drainage. Mr. Grunden stated that they will contact the Dobson’s regarding their concern.

A letter was received from Captain Charles W. Smothers, Sons of the American Legion, Blake-Blackston Squadron #77 requesting funding to compete in the National Competition in Anaheim, California. Mr. Willey asked for Council questions. Mr. Smothers stated that they had brought the title back to Talbot County for three years and they are hoping to do it again. Mr. Heinmuller made a motion for the Mayor to look in the budget for funding. The motion was seconded by Mrs. Clem.

A petition was received from Mr. James W. Kerr requesting that the Easton Police Firing Range be made available to citizens. Chief Harvey stated that the Police Department is not in agreement with opening up their Firing Range for the public. The Chief stated that he would like the chance to discuss the matter with the Town Attorney but he does have some concerns. The President of the Council instructed the Town Attorney and the Chief to draft a letter to Mr. Kerr explaining the issues. Mr. Mayer suggested a safety training day for citizens.

Ms. Rose Miles was present representing the Ladies Auxiliary FOP for the County Lodge 18. She stated that May 9 through May 15 is National Police Officer’s Week. She stated that Auxiliaries around the state would be displaying blue lights and ribbons in support of the officers. She requested permission from the Council and assistance from Easton Utilities to put ribbons on the tree on the east end of Town. Mr. Grunden stated that Easton Utilities could assist. Mr. Mayer made a motion to grant Ms. Miles request with a second from Mrs. Clem. The motion was carried.

Ms. Miles stated there was no report from the Easton Volunteer Fire Department.

The President brought Resolution No. 5663, "A RESOLUTION OF THE EASTON TOWN COUNCIL APPROVING AN AMENDMENT TO A COMMERCIAL MEDICAL DISTRICT DEVELOPMENT IN THE TOWN OF EASTON KNOWN AS WILLIAM HILL MANOR" to the floor. Mr. Willey stated that a public hearing had been held with no adverse comments.

Mr. Mayer made a motion to move Res. 5663, seconded by Mrs. Clem and carried unanimously following a roll call vote.

The President of the Council brought Resolution No. 5665 authorizing the budget transfer for Police Department Machinery and Equipment to the floor. The President of the Council clarified that this was for the renovation of police vehicles. The Chief stated that the intent was to put the stronger vehicles on the street. Chief Harvey stated that the cars would have a warranty of three years, 50,000 miles.

Mr. Heinmuller questioned if the monies used would be from next year’s budget. The Chief stated that was correct.

Mr. Mayer made a motion to move Resolution No. 5665, seconded by Mrs. Clem and carried unanimously following a roll call vote.

At 7:15 P.M., the President of the Council opened the Public Hearing on the request of Rita S. Petitt for a Planned Redevelopment (PR) Overlay District project for properties located on Blake Street.

The Town Planner discussed the proposed project, which has been previously forwarded by the Planning and Zoning Commission with a recommendation of three to one to approve the project.

Doug Collison, attorney for the applicant was present and discussed Ms. Petitt’s project. He explained that placing covenants in the deeds would cause someone to be around to enforce them. He stated that documents had been prepared initiating a homeownership organization. He stated that six properties are under contract to be sold and the other two have signed letters of intent.

Mr. Heinmuller asked to hear comments from the tenants that currently rent.

Ms. Petitt introduced Mr. Gordon Stubbs, 121 Blake Street. He stated that he loved the place and he liked it there.

Ms. Valteena Sullivan, 110 Blake Street stated that if she was approved to purchase the house, she plans to make the double unit into a single-family dwelling. She stated that her family has resided on Blake Street for 38 years.

Mr. Mayer stated that he preferred to act on this tonight and have the Town Attorney review the documents presented.

Mr. Willey asked for comments from the audience.

Mr. Perry Otwell stated that the home ownership documents could be approved at the sub-division phase.

The Town Planner stated that there are some concerns with open space and maintenance of gravel roads and parking area that are in place.

The consensus was for the Town Attorney to draft appropriate legislation to approve the PRD application after reviewing the homeownership documents.

The President of the Council closed the Public Hearing at 7:32 P.M.

Mrs. Ellen General, Executive Director of the Avalon Foundation, was present to address the Council with the Annual Report.

Mrs. General reviewed the Theatre’s calendar, programs and community partnerships. She included financial information for the Council in their packet. She stated that last year the Theatre attracted over 40,000 people due to the diversity in their programming. She reviewed the economic impact the Avalon has on the community. She explained the draft proposal for positioning the Avalon for permanence by establishing an endowment and a membership. Mrs. General stated that the Avalon’s goal was to build a legacy for the Town of Easton. She outlined the events and programs in mind for the Resource Center (the old Firehouse, 11 S. Harrison Street). She asked for questions. Mrs. General expressed her enthusiasm with the fact that the Avalon is being recognized at the state level.

Mrs. Clem stated that she is very proud of Mrs. General’s talents and abilities. Mr. Mayer stated that he saw upcoming programs on the Ticketmaster and he is very proud of that.

Mrs. General thanked the Council for the opportunity.

The President of the Council asked if Ms. Beverly Haddaway was in the audience to address the Council. She was not present.

The President of the Council asked if Mr. Walter Chase or anyone from the West End Association was present. They were not in attendance.

The Town Attorney discussed the issues that may be raised by the Town adopting a moratorium on big box retail development as a result of a suggestion made by Mr. Ford. The Town Attorney explained that a moratorium is a term that is used by zoning lawyers and land use planners to indicate a temporary cessation of a use that otherwise would be permitted or considered under the Zoning Ordinance. He stated that the important thing to remember is that it is intended to be temporary and is usually intended to permit a community to respond to unanticipated development in its land use and development process. He stated that they are used throughout Maryland and the County for part of the land use process. Mr. Kehoe stated that when moratoriums are imposed by local governments, they are sometimes subject to legal challenges which focus on whether or not the moratorium was imposed in response to a clearly identified problem that the community is facing, whether the moratorium is reasonable in length and what the community has done with the breathing space afforded by the moratorium. He stated that the moratorium is inconvenient for property owners that have matters in the process before the Town.

The Town Attorney stated that if the Council wants to proceed with the moratorium, it is an Amendment to the Zoning Ordinance that would require referral of the matter according to the Town’s practice to the Town’s Planning and Zoning Commission for recommendation. A Public Hearing would be held, a decision would be made as to whether or not the Council wanted to proceed in having a moratorium and what issues the Council wished the Planning and Zoning Commission to address.

The Town Attorney asked for questions.

The President of the Council asked what happens to applications that are already being considered. The Town Attorney said they could come to a halt if you choose to do that in the moratorium or the Council could accept applications in place. He stated that the moratorium could be structured however you want it to be as long as it is fair and in a reasonable time frame, typically six to nine months in Maryland.

Mr. Ford questioned if any of the projects currently under review have official approval by the Town. The Town Attorney stated that there are four under review; the Easton Commons Shopping Center which was denied, the application for a retail Lowe’s, a big box commercial office and residential development for the Dudrow farm, and a subdivision of the Easton Commons site for a series of planned unit development proposals for individual stores all of which have not received approval at this point.

Mrs. Clem stated that the Town has a window of opportunity to take advantage of. She stated that she would be supportive of legislation for this body to look at in support of the moratorium.

Mr. Heinmuller echoed that the time could be useful.

Mr. Ford clarified his motion and stated that regardless of how he feels, the issue regarding big box development is bigger in his opinion and is a community issue. Mr. Ford stated that he was in support of preparing legislation. He stated that the Comprehensive Plan lacks the clarity of how the community feels about big box development and that was the intention of his proposed moratorium; to get that issue cleared up in the Comprehensive Plan and to receive comments from the community as a whole. He stated that he would support the Town Attorney preparing the legislation for review.

Mr. Mayer stated that he has questions with this proposal. He stated that a breather might be needed but he was trying to weigh in his mind where the dead stores would be. He discussed the necessity to avoid a conflict of interest and the reasons he may need to abstain from voting for any lumber stores.

The President of the Council asked for audience comments.

John Murray, Esquire stated that he had some preliminary comments for consideration. He stated that he represents United Trust Fund, which is the contract purchaser of a parcel of property owned by the Gannon family. He stated that his comments would apply for any owner of land that wanted to proceed with some type of development. Mr. Murray stated that there are already at least nine big boxes as defined by the Zoning Ordinance in Talbot County which are not causing any harm to the Town of Easton or Talbot County. He stated that a moratorium is the most business unfriendly thing the Council could possibly do. Mr. Murray encouraged the Council not to pass a moratorium.

Willard Parker, Esquire, was present and stated that he represented Harrison Grass Limited Partnership which is the contract purchaser of the Dudrow farm. He stated that he seconded Mr. Murray’s comments. He asked that all the individuals be given a level playing field to pursue their proposals for the various locations, which are under consideration in the Town now.

The Town Attorney discussed the law as it currently stands.

Mr. Mike Keene addressed the Council and stated that he owns a business on Dover Road. He stated he has been there for 20 years. He complimented Mr. Ford for calling for the moratorium. Mr. Keene discussed the quality and service of small businesses.

The President of the Council instructed the Town Attorney to draft moratorium legislation for consideration.

Mr. Timothy Dills discussed Talbottown’s success. He stated that Talbottown succeeded because it is not like big box stores. He stated that the moratorium would give the people that live in this town the opportunity to voice their opinion.

Mr. Greg Gannon addressed the Council. He stated that at this point, this is a basic issue of fairness. He stated that there are big boxes and small stores operating in this town and both can be successful. Mr. Gannon stated that the developers are already in the game.

The President of the Council introduced Resolution No. 5654, "A RESOLUTION TO ANNEX CERTAIN LANDS OWNED BY SHERRI TALBOT, YVONNE D. HOFFMAN, TRUSTEE AND THE NORTH AMERICAN SNAKE INSTITUTE INC., LOCATED EAST OF OCEAN GATEWAY AND ADJOINING THE SUBDIVISION KNOWN AS SOUTH BEECHWOOD AND THE STATE POLICE BARRACKS TO THE NORTH AND DAYS INN TO THE WEST, CONSISTING OF FIFTY-TWO (52) ACRES OF LAND, MORE OR LESS TO THE TOWN OF EASTON AND TO PROVIDE FOR THE TERMS AND CONDITIONS OF ANNEXATION" to the floor.

The President of the Council stated that the Public Hearing on this annexation will be extended to June 7 at 7:15 P.M.

The President of the Council introduced Ordinance No. 387, "AN ORDINANCE OF THE TOWN OF EASTON ASSIGNING THE MEDIUM DENSITY RESIDENTIAL (R-10A) CLASSIFICATION TO CERTAIN PROPERTY OWNED BY SHERRI TALBOT YVONNE D. HOFFMAN, TRUSTEE, AND NORTH AMERICAN SNAKE INSTITUTE, INC. UPON THE ANNEXATION OF THE PROPERTY BY THE TOWN OF EASTON."

The President of the Council brought Amended Resolution No. 5642, "AN AMENDED 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.

Mr. Mayer made a motion to approve Resolution No. 5654, seconded by Mr. Heinmuller.

Mr. Ford reviewed the process involved with that particular annexation.

Resolution No. 5654 was carried with Mrs. Clem dissenting.

The President of the Council brought 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 SOUTHSIDE OF MARYLAND ROUTE 33 OWNED BY ARGONAUT LAND COMPANY L.L.C. AND CONSISTING OF 386.44 ACRES MORE OR LESS" to the floor.

Mr. Mayer moved Ordinance No. 381 for passage, seconded by Mr. Ford.

Mr. Heinmuller commented on the visioning process and the desire to extend Easton to the water.

Mr. Mayer stated that this project will become a model of this type of property.

Ordinance No. 381 was carried with Mrs. Clem dissenting.

The President of the Council called for a four-minute recess.

The President of the Council called the meeting back to order and asked the Mayor if he had anything.

The Mayor stated that he is waiting eagerly for election results. He informed that he had received notification that the street in front of the Firehouse would be paved tomorrow and Wednesday.

Mr. Heinmuller stated that last week there was a democratic forum and he would like to have a date set, possibly in July for a town meeting as we used to have to give the people a chance to state their views.

The consensus was to set the meeting for the month of September.

The President of the Council inquired about setting the budget workshops. The Mayor stated that he is not quite ready to do that yet.

The Chief of Police stated that his department has observed Washington Street and Biery Street since April 19. He has asked Capt. Blue to do an analysis around that site. He stated that what is being dealt with is line of sight. He stated that it is Capt. Blue’s and patrol’s opinion that this intersection is more adequate than some other intersections in the town. He stated that no accidents have been investigated at that intersection. Chief Harvey stated that he felt it was a matter of timing.

Mrs. Clem thanked the Chief for looking into the matter and stated she would inform the concerned parties.

The Chief stated that he had received a letter from the Easton Apostolic Church requesting to use the grassy area behind the Easton Police Station for a Church service on May 30. He stated that he needed more information and would like Capt. Blue to meet with these people to get detailed information.

The Chief stated that he had a letter from American’s Walk for Diabetes requesting permission to have a walk October 16, 1999. He stated most of the community involved is the Easton Club on Oxford Road however, he would like to have input from State Roads.

Mrs. Clem moved granting permission to hold the walk as described by Chief Harvey on October 16. Mrs. Clem’s motion was seconded by Mr. Heinmuller and carried.

The Chief stated that at the last meeting, Capt. Spencer was instructed to look at Dover, Delaware’s parking restrictions. The Chief stated that Dover was contacted and that the parking ordinances they have in place make it illegal to move from one parking space to another in an immediate area. Dover is having a problem with their ordinance as no one has defined what immediate area is. The Chief asked if this type of parking ordinance is considered he asks that the Council define what immediate area is. He also explained the grievance procedure in place in Dover and stated that the Sergeant finds it uncomfortable but an order. He expressed concern over the Police Department getting into the parking ticket adjudication business or waiving them.

The Town Attorney stated that the Police Department should not become involved in that process. He asked if the Council wanted to look at enforcing citizens moving their vehicles from space to space.

The Chief asked for the opportunity to meet with the Town Attorney to discuss this matter further.

Mr. Heinmuller stated that there are other options such as those in place in Lewes, Delaware.

Chief Harvey stated that he had a request from FFA, Easton High School to have a Memorial Day chicken bar-b-que at Easton High School. They are asking permission to utilize facilities on Wal-Mart’s grounds. It will be held May 28, 1999 from 7:00 A.M. to 5:00 P.M. The Chief stated that he recommends approval.

Mr. Mayer made a motion to grant approval, seconded by Mr. Ford and carried.

The Chief stated that again, the Department has made some national magazines on some programs that are in place. The Chief’s secretary, Mrs. Wright will forward copies to the Council.

The Chief briefed the Council on the suspicious package at the Easton Post Office, which caused the area to be closed down for approximately three hours. He commended the parties involved and stated that it was another example of everyone coming together in the Town to get the job done.

Mrs. Clem questioned if the robot used at the Post Office was mobile enough to go up and down steps. The Chief answered that it was.

The Town Engineer stated that following on the Chief’s suggestion of cooperative efforts, April 24^th’s North Easton Park Dedication was the combination of a tremendous amount of effort from a lot of different sources. He commended the Mayor and Council, the Friends of North Easton Park for their equity for amenities, Mr. Tim Glass the Assistant Town Engineer, Mr. Brian Hause, the Superintendent of Public Works and their respective organizations. Mr. Grunden stated that the town as a whole should be complimented on a jewel of an amenity.

On the Town side, Mr. Grunden stated that the annual paving project has commenced.

On the Utilities side, the General Manager stated that he had one thing for an Executive Session concerning real estate contracts.

Ms. Libby Dawkins, 11 Thorogood Lane, Carriage House Condominiums addressed Mr. Grunden and the Council regarding trees in the community. She urged everyone to walk the streets of Easton. She asked for budget consideration for an arborist and a horticulturist.

Mr. Heinmuller commented on tree damage incurred during the ice storm. He stated that the Town should be commended for their efforts during drought.

The Mayor reminded everyone that May 6 is National Prayer Day and activities will occur at Thompson Park from 12:10 P.M. to 12:50 P.M.

The Assistant Town Planner addressed the Council regarding the Draft Zoning Ordinance. He stated that the Draft Zoning Ordinance has been revised and he is requesting a Public Hearing to consider the changes. The President of the Council set the Public Hearing for June 21.

The President of the Council asked for approval of the three candidates to serve on the Board of Trustees for the Local Government Insurance Trust.

Mr. Mayer moved a motion to approve the candidate’s nominations, seconded by Mrs. Clem and carried.

The Superintendent of Elections, Mr. Edward I. Patchett, was present to announce the election results from the machine count as of 8:00 P.M. today. Mayor C. Eugene Butler received 632 votes; Mark G. Walsh received 264 votes for the office of Mayor. John F. Ford received 148 votes for the office of Council member for the First Ward. Carl B. Reed received 192 votes and H. Mac Brittingham received 157 votes for the office of Council member for the Third Ward. Mr. Patchett stated that absentee ballots would be opened at 4:00 tomorrow.

Mrs. Clem thanked the department heads for their cooperation over the last three years while she has been serving on the Town Council. She stated that this will be her last meeting as she is scheduled to be out of the county the night the new Council will be sworn in. She thanked everyone for their support and the confidence that has been expressed in her serving and stated that it has been totally her pleasure.

Mr. Ford stated that he would like to personally thank Mrs. Clem as she has been a tremendous amount of help to him in teaching him things about public service.

Mr. Mayer stated that Mrs. Clem has been a friend for years and that the experience has been very rewarding to work with her.

Mr. Heinmuller stated that Mrs. Clem has offered good counsel and guidance and he will miss her when she is gone.

Mayor Butler commented that Mrs. Clem had accomplished a job well done and thanked her very much.

The President of the Council asked the Chief if the parking issue with Mrs. Haddaway’s trailer in front of her house had been addressed. The Chief stated that it was taken care of.

Mayor Butler stated that since the election results were in, he would like to thank everyone involved that voted and helped with the election. He stated that he is here for four more years and that this will be his last term as Mayor. He stated that it has been a pleasure the last three years serving as Mayor and he looks forward to the upcoming four.

At 9:06 P.M., Mr. Mayer made a motion to convene into Executive Session, seconded by Mr. Ford and carried unanimously following a roll call vote.

The President of the Council closed the Executive Session at 9:44 P.M.

There being no further business, upon motion by Mrs. Clem seconded by Mr. Mayer and carried, the meeting was adjourned at 9:44 P.M.

Town Clerk